What is the penalty for illegal logging of 0.6 m3 of timber in Vietnam?
My family cut down a tree next to our house's field to make some boards. While I was cutting down, the forest ranger caught me and made a record of an administrative violation. And now I have been fined a fine of 17,500,000 VND but the amount of timber is only: 0.668 m3. I want to know. Is such a penalty level in accordance with the law?
What is the penalty for illegal logging of 0.6 m3 of timber in Vietnam? (Image from the Internet)
Pursuant to the information you provide about the amount of timber and the penalty you are subject to as prescribed in Article 13 of Decree 35/2019/ND-CP, you may be fined for one of the following violations:
*Illegal logging in production forests:
- A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for illegal extraction of from 0.4 m3 to under 01 m3 of timber in a planted forest or from 0.2 m3 to under 0.5 m3 of timber in a natural forest;
- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for illegal extraction of from 01 m3 to under 02 m3 of timber in a planted forest or from 0.5 m3 to under 01 m3 of timber in a natural forest;
(Point a, Clause 1, Article 13 of Decree 35/2019/ND-CP)
- Pursuant to Point b Clause 1, Article 13 of Decree 35/2019/ND-CP stipulating illegal logging of timber of endangered, rare or precious species in Group IIA: from 0.6 m3 to under 01 m3 of timber in a natural forest.
*Illegal logging in protective forests.
- A fine ranging from VND 4,000,000 to VND 8,000,000 shall be imposed for illegal extraction of from 0.5 m3 to under 01 m3 of timber in a planted forest or from 0.3 m3 to under 0.5 m3 of timber in a natural forest;
- A fine ranging from VND 8,000,000 to VND 15,000,000 shall be imposed for illegal extraction of from 01 m3 to under 02 m3 of timber in a planted forest or from 0.5 m3 to under 01 m3 of timber in a natural forest;
(Point a Clause 2, Article 13 of Decree 35/2019/ND-CP)
- According to Point b Clause 2, Article 13 of Decree 35/2019/ND-CP stipulating illegal logging of timber of endangered, rare or precious species in Group IIA: from 0.5 m3 to under 0.7 m3 of timber in a natural forest.
*Illegal logging in special-use forests
- According to Point a, Clause 3, Article 13 of Decree 35/2019/ND-CP stipulating illegal logging of timber of common species: from 0.5 m3 to under 01 m3 of timber in a natural forest;
- According to Point b, Clause 3, Article 13 of Decree 35/2019/ND-CP stipulating illegal logging of timber of endangered, rare or precious species in Group IIA: from 0.5 m3 to under 01 m3 of timber in a planted forest.
For each of the above acts, the fine will be from 10,000,000 VND to 25,000,000 VND, so depending on the fine and the amount of timber exploited in your case, if you fall into one of the above acts, the fine will be in accordance with the law.
In addition to above penalties, additional penalties at Points a and b, Clause 8, Article 13 of Decree 35/2019/ND-CP are also applied, including confiscation of evidence, which is the above amount of timber, and confiscation of devices, tools and petrol chainsaws of various types.
Above is the consulting content.
Best regards!
