What is the maximum imprisonment sentence for forest destruction in Vietnam?

What is the maximum imprisonment sentence for forest destruction in Vietnam?

Pursuant to Article 243 of the Criminal Code in 2015 (amended by Clause 63 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating forest destruction in Vietnam 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.

4. The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 years.

5. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000;

b) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 2 of this Article shall be liable to fine of from VND 2,000,000,000 to VND 5,000,000,000;

c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of from VND 5,000,000,000 to VND 7,000,000,000 or has its operation suspended for 06 - 36 months;

d) A corporate legal entity that commits this offence in any of the circumstances specified in Article 79 hereof shall be permanently shut down;

dd) The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000 , be banned from operating in certain fields or raising capital for 01 - 03 years.

As regulations above, the maximum imprisonment sentence for forest destruction in Vietnam is 15 years. The level of punishment must also be based on the case file and circumstances as a basis for the Court to decide.

What are administrative fines for forest destruction in Vietnam?

Pursuant to Article 20 of the Decree 35/2019/NĐ-CP (amended by Clause 11 Article 1 of the Decree 07/2022/NĐ-CP) stipulating forest destruction in Vietnam as follows:

The following penalties shall be imposed for 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:

1. A fine ranging from VND 3,000,000 to VND 7,000,000 shall be imposed in one of the following circumstances:

a) The violation involves an immature forest or regenerating forest without reserve volume classified as production forest, protective forest or special-use forest and having an area of < 3,000 m²;

b) The violation involves the production forest with an area of < 500 m²;

c) The violation involves the protective forest with an area of < 300 m²;

d) The violation involves the special-use forest with an area of < 100 m²;

dd) The violation involves forest plants of common species assessed at < VND 5,000,000, or forest plants of endangered, rare or precious species in Group IIA assessed at < VND 4,000,000, or forest plants of endangered, rare or precious species in Group IA assessed at < VND 3,000,000 in case the damaged forest area cannot be determined.

...

10. A fine ranging from VND 175,000,000 to VND 200,000,000 shall be imposed in one of the following circumstances:

a) The violation involves the immature forest or regenerating forest without reserve volume classified as production forest, protective forest or special-use forest and having an area of from 27,000 m² to under 30,000 m²;

b) The violation involves the production forest with an area of from 4,500 m² to under 5,000 m²;

c) The violation involves the protective forest with an area of from 2,700 m² to under 3,000 m²;

d) The violation involves the special-use forest with an area of from 900 m² to under 1,000 m².

11. In case of starving trees, drilling into the tree’s trunk, killing trees by injecting chemicals, grinding stumps or pouring chemicals into the root zone of trees with the aims of adversely affecting the growth of forest trees, a fine of VND 200.000 shall be imposed for each tree with a diameter of 8 cm or more (measured at a height of 1.3 m) provided that total fine imposed for this violation shall not exceed VND 200.000.000; or a fine of VND 100.000 shall be imposed for each tree with a diameter of < 8 cm (measured at a height of 1.3 m) provided that total fine imposed for this violation shall not exceed VND 100.000.000.

12. A forest owner who has the forest allocated or leased by the State for management, protection or use as prescribed by law but fails to fulfill or partially fulfills obligations to manage, protect, develop and use forest according to regulations on forest management resulting in illegal forest harvesting acts shall incur penalties as prescribed in Point b Clause 1 or Point b Clause 2 or Point b Clause 3 or Point b Clause 4 or Point b Clause 5 or Point b Clause 6 or Point b Clause 7 or Point b Clause 8 or Point b Clause 9 or Point b Clause 10 of this Article.

13. Additional penalties:

Exhibits, devices and vehicles shall be confiscated in case of commission of any of the violations specified in Clause 1 – 10 of this Article.

14. Remedial measures:

The entities committing the violations in Clauses 1 through 10 of this Article shall be liable to the following remedial measures:

a) Enforced restoration of the original condition in case of acts of digging, excavating, blasting, damming or preventing water flows which cause damage to forests;

b) Enforced implementation of measures for control of environmental pollution and prevention of the spread of epidemics in case of discharging of toxic chemicals causing damage to forests;

c) Enforced return of benefits illegally obtained from the commission of the administrative violations;

d) Enforced reforestation or payment of reforestation costs equivalent to the standard afforestation investment applied by local government at the time of committing administrative violations.

15. If the entities committing the violations in Clauses 1 through 10 of this Article cannot be determined, Communal-level People’s Committees in charge of managing and protecting forest areas allocated or leased by the State or forest owners whose forest areas are damaged shall cooperate with authorities where persons competent to issue decisions to enforce remedial measures are working to organize the implementation of the remedial measures specified in Point c Clause 3 and Clause 4 Article 4 of this Decree.

As regulations above, the maximum fine for forest destruction in Vietnam is VND 200,000,000. If the violator is an organization, the fine shall be doubled. The violator shall also face additional penalties and remedial measures.

What are regulations on prohibited act of forest destruction in Vietnam?

Pursuant to Clause 4 Article 9 of the Law on Forestry in 2017 stipulating as follows:

Destroying forest resources, ecosystems or works used for forest protection and development.

Pursuant to Article 20 of the Decree 35/2019/NĐ-CP stipulating forest destruction in Vietnam as follows:

Forest destruction is 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 without permission from competent authorities.

Depending on the nature and severity of the act, the person who commits the act of destroying the forest shall face administrative fines or criminal responsibilities according to above regulations.

Best regards!