Is deforestation of mangroves for aquaculture criminally prosecuted in Vietnam?
I have destroyed a mangrove forest to raise shrimp, I would like to ask that according to the current law in Vietnam, mangroves are destroyed for aquaculture (shrimp farming). So is it criminally prosecuted? Hoping for an answer soon.
Is deforestation of mangroves for aquaculture criminally prosecuted in Vietnam?
Pursuant to Clause 63, Article 1 of the Law amending the Penal Code 2017 provides for the crime of forest destruction as follows:
1. Any person who sets fire to or destroys forests or otherwise inflicts damage to forests in any of the following circumstances shall be liable to a fine of from VND 50,000,000 to VND 500,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years’ imprisonment:
a) The offence involves an area of from 30,000 m2 to under 50,000 m2 of immature forests or contained cultivation site;
b) The offence involves an area of from 5,000 m2 to under 10,000 m2 of production forest;
c) The offence involves an area of from over 3,000 m2 to under 7,000 m2 of protection forest;
d) The offence involves an area of from 1,000 m2 to under 3,000 m2 of specialized forest;
dd) The offence causes a loss of forest products assessed at from VND 50,000,000 to under VND 100,000,000 in case it is not possible to determine the area of destroyed forest;
e) The offence involves plants on the list of endangered species or plants in Group IA assessed at from VND 20,000,000 to under VND 60,000,000; plants in Group IIA assessed at from VND 40,000,000 to under VND 100,000,000;
g) The destroyed forest area or volume of forest products is below the levels specified in Point a through e Clause 1 of this Article but the offender has incurred an administrative penalty for any of the offence specified in this Article or has an unspent conviction for the same offence .
2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in the name of an agency or organization;
c) Dangerous recidivism.
d) The offence involves an area of from 50,000 m2 to under 100,000 m2 of immature forests or contained cultivation site;
dd) The offence involves an area of from over 10,000 m2 to under 50,000 m2 of production forest;
e) The offence involves an area of from over 7,000 m2 to under 10,000 m2 of protection forest;
g) The offence involves an area of from over 3,000 m2 to under 5,000 m2 of specialized forest;
h) The offence causes a loss of forest products assessed at from VND 100,000,000 to under VND 200,000,000 in case it is not possible to determine the area of destroyed forest;
i) The offence involves plants on the list of endangered species or plants in Group IA assessed at from VND 60,000,000 to under VND 100,000,000; plants in Group IIA assessed at from VND 100,000,000 to under VND 200,000,000.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
The offence involves an area of ≥ 100,000 m2 of immature forests or contained cultivation site;
b) The offence involves an area of ≥ 50,000 m2 of production forest;
c) The offence involves an area of ≥ 10,000 m2 of protection forest;
d) The offence involves an area of ≥ 5,000 m2 of specialized forest;
dd) The offence causes a loss of forest products assessed at ≥ VND 200,000,000 in case it is not possible to determine the area of destroyed forest;
e) The offence involves plants on the list of endangered species or plants in Group IA assessed at from ≥ VND 100,000,000; plants in Group IIA assessed at ≥ VND 200,000,000.”;
b) Point n Clause 5 of Article 243 is amended as follows:
“b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, c, d, dd, e, g, h, i Clause 2 of this Article shall be liable to fine of from VND 2,000,000,000 to VND 5,000,000,000;
As such, according to the above regulations in Vietnam, it depends on the extent of the damage and the use of the mangrove forest you destroy. Your acts may be criminally prosecuted with a fine of from VND 50,000,000 to VND 500,000,000, up to 03 years' community sentence or 01 - 05 years’ imprisonment. In addition, if the act of deforestation is not enough to constitute a crime, you can still be administratively sanctioned.
Best Regards!
