What are the penalties for cutting trees in protective forests in Vietnam?
Will my family be fined by cutting 5 blocks of timber in protective forests? If it is considered a violation, how much is the penalty? Thank you!
What are the penalties for cutting trees in protective forests in Vietnam? (Image from the Internet)
According to Article 9 of the 2017 Forestry Law stipulating prohibited acts in the forestry sector:
1. Illegally felling, deforesting, exploiting or encroaching forests.
2. Illegally discharging sewage or bringing toxic chemicals, explosives, flammable substances, tools or vehicles into forests; grazing cattle or livestock in strictly protected sub-zones of reserve forests or newly planted forests.
3. Illegally hunting, shooting, catching, caging, slaughtering, transporting or trading in forest animals; illegally collecting specimens of forest plant or animal species.
...
Thus, if your family cuts trees in protective forests without permission from a competent state agency, the act of cutting trees in protective forests is against the law and will be punished according to Decree 35/2019/ND-CP.
Pursuant to Article 20 of Decree 35/2019/ND-CP regulating penalties for forest destruction:
- A fine ranging from VND 3,000,000 to VND 7,000,000 for acts of cutting, burning or destroying forest trees; digging, excavating or blasting; damming or preventing water flows; discharging toxic chemicals or other acts causing damage to the forest for any purposes (except the violations specified in Article 13 hereof) without permission from competent authorities in protective forest with an area of < 300 m2.
- A fine ranging from VND 7,000,000 to VND 15,000,000 for acts of cutting, burning or destroying forest trees; digging, excavating or blasting; damming or preventing water flows; discharging toxic chemicals or other acts causing damage to the forest for any purposes (except the violations specified in Article 13 hereof) without permission from competent authorities in protective forest with an area of from 300 m2 to under 600 m2.
- A fine ranging from VND 15,000,000 to VND 25,000,000 for acts of cutting, burning or destroying forest trees; digging, excavating or blasting; damming or preventing water flows; discharging toxic chemicals or other acts causing damage to the forest for any purposes (except the violations specified in Article 13 hereof) without permission from competent authorities in protective forest with an area of from 600 m2 to under 900 m2.
- A fine ranging from VND 25,000,000 to VND 50,000,000 for acts of cutting, burning or destroying forest trees; digging, excavating or blasting; damming or preventing water flows; discharging toxic chemicals or other acts causing damage to the forest for any purposes (except the violations specified in Article 13 hereof) without permission from competent authorities in protective forest with an area of from 900 m2 to under 1,200 m2.
- A fine ranging from VND 50,000,000 to VND 75,000,000 for acts of cutting, burning or destroying forest trees; digging, excavating or blasting; damming or preventing water flows; discharging toxic chemicals or other acts causing damage to the forest for any purposes (except the violations specified in Article 13 hereof) without permission from competent authorities in protective forest with an area of from 1,200 m2 to under 1,500 m2.
- A fine ranging from VND 75,000,000 to VND 100,000,000 for acts of cutting, burning or destroying forest trees; digging, excavating or blasting; damming or preventing water flows; discharging toxic chemicals or other acts causing damage to the forest for any purposes (except the violations specified in Article 13 hereof) without permission from competent authorities in protective forest with an area of from 1,500 m2 to under 1,800 m2
- A fine ranging from VND 100,000,000 to VND 125,000,000 for acts of cutting, burning or destroying forest trees; digging, excavating or blasting; damming or preventing water flows; discharging toxic chemicals or other acts causing damage to the forest for any purposes (except the violations specified in Article 13 hereof) without permission from competent authorities in protective forest with an area of from 1,800 m2 to under 2,100 m2
- A fine ranging from VND 125,000,000 to VND 150,000,000 for acts of cutting, burning or destroying forest trees; digging, excavating or blasting; damming or preventing water flows; discharging toxic chemicals or other acts causing damage to the forest for any purposes (except the violations specified in Article 13 hereof) without permission from competent authorities in protective forest with an area of from 2,100 m2 to under 2,400 m2.
- A fine ranging from VND 150,000,000 to VND 175,000,000 for acts of cutting, burning or destroying forest trees; digging, excavating or blasting; damming or preventing water flows; discharging toxic chemicals or other acts causing damage to the forest for any purposes (except the violations specified in Article 13 hereof) without permission from competent authorities in protective forest with an area of from 2,400 m2 to under 2,700 m2.
- A fine ranging from VND 175,000,000 to VND 200,000,000 for acts of cutting, burning or destroying forest trees; digging, excavating or blasting; damming or preventing water flows; discharging toxic chemicals or other acts causing damage to the forest for any purposes (except the violations specified in Article 13 hereof) without permission from competent authorities in protective forest with an area of from 2,700 m2 to under 3,000 m2.
Thus, the act of cutting, burning or destroying trees in protection forests will be punished based on the area of the protection forest, not based on the number of timber.
Above are the fines for cutting, burning, or destroying trees in protection forests.
In addition, exhibits, devices and vehicles shall be confiscated in case of commission of the violations and the violator is compelled to transfer illegal benefits obtained from the administrative violation or an amount of money equivalent to the value of the exhibits and/or instrumentalities of the administrative violation which have been sold, liquidated, hidden or destroyed inconsistently with the law; carry out reforestation or make payment of reforestation cost according to the standard afforestation investment applicable by local government at the time of committing the violation.
Best regards!
