Is it correct that the crime of forest destruction will be subject to 15 years of imprisonment in Vietnam? What are some judgments related to this issue?

1. Is it correct that the crime of forest destruction will be subject to 15 years of imprisonment in Vietnam?

In Vietnam, anyone who illegally burns or destroys forests or commits other acts of forest destruction will be charged with the crime of forest destruction under Article 243 of the Criminal Code 2015 (amended 2017).

The crime of Forest Destruction has the following penalties:

* For individuals committing the crime

Frame 1:

A fine of VND 50,000,000 to VND 500,000,000, non-custodial reform for up to 3 years, or imprisonment from 1 year to 5 years for those who illegally burn or destroy forests or commit other acts of forest destruction in one of the following cases:

- Planted trees not yet forming a forest or forest regeneration areas under conservation with an area from 30,000 square meters (m2) to less than 50,000 square meters (m2);

- Production forests with an area from 5,000 square meters (m2) to less than 10,000 square meters (m2);

- Protection forests with an area from 3,000 square meters (m2) to less than 7,000 square meters (m2);

- Special-use forests with an area from 1,000 square meters (m2) to less than 3,000 square meters (m2);

- Causing damage to forest products worth from VND 50,000,000 to less than VND 100,000,000 in cases where the forest damage is not quantifiable by area;

- Plants listed in the category of endangered, rare species prioritized for protection or the list of Group IA endangered, rare forest plants and animals worth from VND 20,000,000 to less than VND 60,000,000; plants listed in the group of endangered, rare forest plants and animals Group IIA worth from VND 40,000,000 to less than VND 100,000,000;

- The forest area or the value of forest products below the prescribed level in one of the points a, b, c, d, dd, e, clause 1 of Article 243 Criminal Code 2015 (amended 2017) but has been administratively sanctioned for one of the acts stipulated in Article 243 Criminal Code 2015 (amended 2017) or has been convicted of this crime, has not had the criminal record expunged yet violates again.

Frame 2:

Committing the crime in one of the following cases, imprisonment from 3 years to 7 years:

- Organized;

- Abusing position, authority or using the name of an agency or organization;

- Dangerous recidivism;

- Planted trees not yet forming a forest or forest regeneration areas under conservation with an area from 50,000 square meters (m2) to less than 100,000 square meters (m2);

- Production forests with an area from 10,000 square meters (m2) to less than 50,000 square meters (m2);

- Protection forests with an area from 7,000 square meters (m2) to less than 10,000 square meters (m2);

- Special-use forests with an area from 3,000 square meters (m2) to less than 5,000 square meters (m2);

- Causing damage to forest products worth from VND 100,000,000 to less than VND 200,000,000 in cases where the forest damage is not quantifiable by area;

- Plants listed in the category of endangered, rare species prioritized for protection or the list of Group IA endangered, rare forest plants and animals worth from VND 60,000,000 to less than VND 100,000,000; plants listed in the group of endangered, rare forest plants and animals Group IIA worth from VND 100,000,000 to less than VND 200,000,000.

Frame 3:

Committing the crime in one of the following cases, imprisonment from 7 years to 15 years:

- Planted trees not yet forming a forest or forest regeneration areas under conservation with an area of 100,000 square meters (m2) or more;

- Production forests with an area of 50,000 square meters (m2) or more;

- Protection forests with an area of 10,000 square meters (m2) or more;

- Special-use forests with an area of 5,000 square meters (m2) or more;

- Causing damage to forest products worth VND 200,000,000 or more in cases where the forest damage is not quantifiable by area;

- Plants listed in the category of endangered, rare species prioritized for protection or the list of Group IA endangered, rare forest plants and animals worth VND 100,000,000 or more; plants listed in the group of endangered, rare forest plants and animals Group IIA worth VND 200,000,000 or more.

Supplementary penalties: Offenders can also be fined from VND 20,000,000 to VND 100,000,000, banned from holding certain positions, practicing certain occupations, or performing certain jobs from 1 year to 5 years.

* For legal entity committing the crime

Legal entities committing the crime of forest destruction will be held criminally liable with the following penalties:

- Committing the crime as stipulated in clause 1, Article 243 Criminal Code 2015 (amended 2017), will be fined from VND 500,000,000 to VND 2,000,000,000;

- Committing the crime in one of the cases stipulated in points a, c, d, dd, e, g, h, i, clause 2, Article 243 Criminal Code 2015 (amended 2017), will be fined from VND 2,000,000,000 to VND 5,000,000,000;

- Committing the crime as stipulated in clause 3, Article 243 Criminal Code 2015 (amended 2017), will be fined from VND 5,000,000,000 to VND 7,000,000,000 or suspended from operations for a fixed term from 6 months to 3 years;

- Committing the crime as stipulated in Article 79 Criminal Code 2015 (amended 2017), will be permanently suspended from operations;

- Legal entities can also be fined from VND 50,000,000 to VND 200,000,000, banned from doing business, banned from operating in certain fields, or banned from raising capital from 1 year to 3 years.

Thus, individuals committing the crime of forest destruction may be criminally liable under Vietnamese law for up to 15 years. For legal entities committing this crime, the highest penalty is permanent suspension of operations.

2. What are some judgments related to forest destruction in Vietnam?

Judgment on Forest Destruction No. 11/2021/HS-ST

Judgment on the Crime of Forest Destruction No. 32/2021/HS-ST

Judgment on the Crime of Forest Destruction No. 105/2021/HSST

Judgment on the Crime of Forest Destruction No. 112/2023/HSPT

Please Login to be able to download