MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT – MINISTRY OF JUSTICE – MINISTRY OF PUBLIC SECURITY – MONITORIAL PEOPLE’S SUPERVISION INSTITUTE – THE TEST HIGH PEOPLE’S COURT

——-

No. 19/2007 / TTLT / BNN & PTNT-BTP-BCA-VKSNDTC-TANDTC

Socialist Republic of Vietnam

Independence – Freedom – Happiness

JOINT CIRCULAR 

Guidance on the application of a number of articles of the Criminal Code on crimes

in the areas of forest management, forest protection and forest product management 

In order to properly and consistently apply a number of articles of the 1999 Penal Code (hereinafter referred to as the Penal Code) on crimes in the field of forest management, forest protection and forest product management, the Ministry of Agriculture and Phat In rural development, the Ministry of Justice, the Ministry of Public Security, the Supreme People’s Procuracy, and the Supreme People’s Court agree to guide a number of points as follows:

I. ABOUT SOME SEXS ARE FACTORS OR PENALTY FRAMEWORK

1. To be regarded as “having been administratively sanctioned for this act but still violating” as provided for in Clause 1, Article 175 and Clause 1, Article 189 of the Penal Code, if previously administratively sanctioned for one of the permitted acts. listed in Clause 1, Article 175 or Clause 1, Article 189 of the Penal Code, but the time limit has not yet expired to be considered as having not been administratively sanctioned in accordance with the law on handling of administrative violations but again commits one of the acts. vi specified in clause 1 of such respective law.

2. “Abusing positions and powers” specified in Clause 1, Article 176, Point b, Clause 2, Article 189, and Point b, Clause 2, Article 190 of the Penal Code, is a case where a person has positions and powers in the domain of forest management. forest protection and forest product management using assigned positions and powers to commit one of the acts specified in Clause 1 of Article 176, Clause 1 of Article 189, and Clause 1 of Article 190 of the Penal Code.

3. “Abuse of positions and powers” as provided for in Clause 1, Article 176 of the Penal Code is the case where a person with positions and powers in the domain of forest management, forest protection and forest product management uses such position, powers beyond the assigned competence to perform one of the acts specified in Clause 1, Article 176 of the Penal Code.

4. Considered “having been disciplined for this act but still violating” the provisions of Clause 1, Article 176 of the Penal Code if the person previously held positions and powers in the areas of forest management and protection. Forest product management has been disciplined for one of the acts specified in Clause 1, Article 176 of the Penal Code, but the time limit is considered to be disciplined but commits one of those acts.

5. To be regarded as “having been convicted of this crime, without criminal record remission but still committing a violation” under Clause 1, Article 175 of the Penal Code if previously convicted of a crime specified in Article 175 of the CrPC, but the criminal record has not been deleted but he / she commits one of the acts specified in this Article.

II. ABOUT SOME TERMS USED IN CIRCULAR

1. “The maximum level to be sanctioned for administrative violations” is the maximum level of damage in terms of forest acreage, volume of forest products, value of other forest products calculated in money according to the Government’s regulations on sanction. administrative violations in the area of ​​forest management, forest protection and forest product management for each violation at the time of violation or at the time of handling, if at the time of handling new regulations of the Government more beneficial for offenders.

2. “Endangered, precious and rare forest plants of groups IA, IIA; endangered, precious and rare wild animals of groups IB, IIB” are endangered, precious and rare forest plants and animals according to regulations. government.

Forest animals that are not in group IB but listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES for short) are treated as Group IB.

3. “Timber” used in this Circular includes logs, sawn timber and hewn timber.

III. DETERMINATION OF DAMAGE TO FORESTS AND FORESTRY

1. Units of calculation for damage determination

1.1. Forest area in square meter (m2).

1.2. Wood volume is calculated in cubic meters (m3) converted to log timber. Converting from lumber, box hewn to log timber by multiplying by 1.6.

1.3. The number of endangered, precious and rare wild animals of group IB is calculated by individuals (animals).

1.4. Other forest products are denominated in Vietnam Dong (VND).

1.5. The volume of firewood of all kinds is determined in ste.

2. How to determine the damage

2.1. Forest area measurement is done according to the regulations of the Ministry of Natural Resources and Environment.

2.2. The measurement and calculation of the volume of timber and forest products comply with regulations of the Ministry of Agriculture and Rural Development.

2.3. Valuation of other forest products is based on the local market price at the time of the offense. In case the price of such forest product cannot be determined in the locality (because the forest product cannot be traded in the market) and is not otherwise regulated by law, the value of such forest product shall be determined according to the decision. evaluation of the competent state agency.

IV. SOME SPECIAL CRIMES

1. Crime of breaching the regulations on forest exploitation and protection (Article 175 of the Penal Code)

1.1. “Illegally exploiting forest trees” is one of the following acts:

a) Exploiting forest trees in production forests, protection forests, special-use forests without the permission of a competent state agency in cases where such exploitation is provided by law only after a permit is granted. the license and the license are still valid;

b) Exploiting forest trees outside the permitted area;

c) Exploiting forest trees without the marks of the tree marking hammer (cutting cards) in cases where the law requires the mark of the tree marking hammer (cutting cards);

d) Exploiting forest trees in excess of the permitted volume (the part in excess of the volume).

1.2. “Other acts of violating the State’s regulations on forest exploitation and protection” are that in addition to acts of illegally exploiting forest trees, there are other acts of violating the State’s regulations on forest exploitation and protection. .

Illegal exploitation of planted forests or regenerated regenerated forests, which have been assigned to organizations, collectives, households or individuals under decisions of competent state agencies for long and stable use for forestry purposes If the assigned person has invested capital in afforestation, tending, protection …, it shall be handled as follows:

a) If forest owners illegally exploit forest trees, they shall be examined for penal liability according to the provisions of Article 175 of the Penal Code;

b) If the person who exploits the forest illegally but is not the forest owner, he / she will be examined for penal liability according to the relevant law as stipulated in Chapter XIV “Crimes of infringement of property” of the Penal Code.

1.3. “Illegally transporting and trading timber” means an act of transporting and trading timber in contravention of the State’s regulations (such as transporting timber without procedures, trading timber without a business license or without a license but has expired …).

In the case of illegally trading and transporting timber across the border, depending on each specific case, the offender may be examined for penal liability according to Article 153 or Article 154 of the Penal Code.

1.4. “Causing serious consequences” as provided for in Clause 1, Article 175 of the Penal Code when falling into one of the following cases:

a) Causing damage to forest products (except for forest animals) from above the maximum level for being administratively sanctioned to twice the maximum level of administrative sanction specified for each violation;

Example: The maximum level of the regulation on sanctioning administrative violations according to current regulations for illegal logging of ordinary timber from group IV to group VIII in production forests is 20m3. Illegally exploiting from over 20m3 to 40m3 will cause serious consequences.

b) Illegally exploiting, transporting or trading two or more woods (common timber group I – III with common timber of group IV – VIII; common timber with precious and rare timber of group IIA) with the volume of each type of wood does not exceed the maximum level sanctioned for administrative violations but the total volume of timber in that violation exceeds the maximum level of administrative sanction up to twice the maximum level sanctioned for administrative violations. the main regulations for common timber of groups IV to VIII that provide for that respective behavior;

Example 1: Pham Minh H illegally exploits 13m3 of common log timber of groups IV to VIII, and 9m3 of ordinary log timber of groups I to III. In total, H illegally exploited 22m3. According to current regulations, the maximum level of administrative sanctions imposed for logging of ordinary logs of groups IV to VIII in production forests is 20m3; therefore, Pham Minh H’s behavior falls under the case with serious consequences.

Example 2: Tran Van C illegally exploits from the production forest of 11m3 of common log timber of groups IV to VIII, 7m3 of ordinary log timber of groups I to III, and 5m3 of rare and precious log timber of group IIA. In total, C illegally exploited 23m3. According to current regulations, the maximum level of administrative sanctions imposed on common timber exploitation of groups IV to VIII in production forests is 20m3; therefore, Tran Van C’s behavior falls into the case of serious consequences.

Example 3: Tran Duc P illegally transports 13m3 of ordinary log timber of group IV to group VIII, 5m3 of ordinary log timber of group I to group III and 3m3 of rare and precious logs of group IIA. In total, P has illegally transported 21m3. According to current regulations, the maximum level of administrative sanctions imposed for illegal transportation of forest products from group IV to group VIII is 20m3; therefore, Tran Duc P’s behavior falls into the case of serious consequences.

c) Exploiting precious and rare timber of group IA in production forests up to 2 m3; in protection forest up to 1.5m3; up to 1m3 in special-use forests;

d) Exploiting endangered, precious and rare forest plants of group IA in production forests valued up to three million VND; up to two million VND in protection forests; up to one million dong in special-use forests;

dd) Transporting and trading in rare and precious timber of group IA up to 2 m3.

1.5. “Committing the crime in very serious cases” specified in Clause 2, Article 175 of the Penal Code when falling into one of the following cases:

a) Causing damage to forest products (except for forest animals) from over twice the maximum level of administrative sanctioning to four times the maximum level of administrative sanction specified for each violation.

Example: The maximum level of administrative sanction according to current regulations for illegal logging of common log timber of groups IV to VIII in production forests is 20m3. Illegally exploiting from over 40m3 to 80m3 is a crime in very serious cases.

b) Illegally exploiting, transporting and trading two or more types of timber (common timber group I – III with common timber group IV – VIII; common timber with precious and rare timber of group IIA) with total volume timber in the violation from more than two times to four times the maximum level of administrative sanctions for ordinary timber of groups IV to VIII prescribed for that respective act.

For example: Tran Van G illegally exploits 19m3 of ordinary log timber of groups IV to VIII, 13m3 of common log timber of groups I to III and 9m3 of rare and precious log timber of group IIA. In total, A illegally exploits three types of timber is 41m3. According to current regulations, the maximum level of administrative sanction against ordinary timber of groups IV to VIII in production forests is 20m3. Thus, over twice this maximum level is over 40m3; Therefore, G is guilty in the very serious case.

c) Exploiting precious and rare timber of group IA, endangered precious and rare forest plants of group IA above the maximum level of serious consequences guided at Points c and d, sub-section 1.4, Section 1, up to twice the level. of the respective serious consequences.

Example 1: Illegally exploiting 2.5m3 of precious and rare timber of group IA in the production forest is a crime in a very serious case.

Example 2: Trinh Dinh Q illegally exploits endangered, precious and rare forest plants of group IA in a protection forest valued at two million five hundred thousand dong is a crime in a very serious case.

d) Transporting and / or trading in rare and precious timber of group IA above the maximum level of serious consequences guided at Point e, sub-section 1.4, this Section 4, up to twice the maximum level of those respective serious consequences.

For example: Dao Van K transporting and trading 3m3 of precious and rare timber of group IA is a crime in very serious cases.

dd) Causing serious consequences as guided in sub-section 1.4, section 1 of this section and also commits one of the following acts: opposing public officials; injure people on duty; damaging the workplace, equipment and means of the agency responsible for forest management and protection, but not to the extent of being prosecuted for independent criminal liability.

1.6. “Committing the crime in particularly serious cases” specified in Clause 2, Article 175 of the Penal Code when falling into one of the following cases:

a) Causing damage to forest products (except for forest animals) more than four times the maximum level of administrative sanctions specified for each violation.

b) Illegally exploiting, transporting and trading two or more woods (common timber group I – III with common timber group IV – VIII; common timber with precious and rare timber of group IIA) with total volume timber in the violation is from more than four times the maximum level of administrative sanctions for ordinary timber of group IV to group VIII regulated for that respective act.

c) Exploitation of precious and rare timber of group IA, endangered precious and rare forest plants of group IA above the maximum with very serious consequences;

d) Transporting and trading in rare and precious timber of group IA above the maximum with very serious consequences;

dd) Committing the crime in very serious cases guided at Points a, b, c, d and also committing one of the acts specified at Point dd, sub-section 1.5, Section 1.

2. Crime of breaching the regulations on forest management (Article 176 of the Penal Code)

This Circular only guides criminal penalties for violations against regulations on forest management, causing damage to forests and forest products.

2.1. “Illegal forest assignment or forest recovery” means an act of forest assignment or forest recovery, improperly authorized, against the right object, in accordance with the planning, or against the order and procedures as prescribed by law. the law.

2.2. “Illegal permission to change the forest use purpose” means an act of allowing the change of forest use purposes not in accordance with competence, against the right subjects, in accordance with the planning, not in accordance with the order and procedures according to regulations. legal regulations.

2.3. “Illegal exploitation or transportation of forest products” means an act of allowing the exploitation and transportation of forest products not in accordance with the competence, the right object, the wrong quantity, the wrong order and procedures according to regulations. legal regulations.

2.4. “Causing serious consequences” as prescribed in Clause 1, Article 176 of the Penal Code when falling into one of the following cases:

a) Illegally allocating and recovering forests with the following areas:

a.1) Production forests, from over 20,000m2 to 25,000m2;

a.2) Protection forest, from over 15,000m2 to 20,000m2;

a.3) Special-use forests, from over 10,000m2 to 15,000m2;

b) Permitting illegal change of forest use purposes with an area:

b.1) Production forests, from over 10,000m2 to 12,500m2;

b.2) Protection forest, from over 7,500m2 to 10,000m2;

b.3) Special-use forests, from over 5,000m2 to 7,500m2;

c) Allow illegal exploitation of forest products, causing damage to production forests:

c.1) Logs of groups IA to 2 m3;

c.2) Round timber of group IIA, from over 10m3 to 20m3;

c.3) Round timber of common type group I to group III, from over 15 m3 to 30 m3;

c.4) Round timber of common type group IV to group VIII, from over 20 m3 to 40 m3; 

c.5) Endangered precious and rare wild plants of group IA valued up to three million VND.

d) Allow illegal exploitation of forest products, causing damage to protection forests:

d.1) Logs of group IA up to 1.5 m3;

d.2) Round timber of group IIA, from over 7.5 m3 to 15 m3;

d.3) Round timber of common type group I to group III, from over 10m3 to 20m3;

d.4) Round timber of common type group IV to group VIII, from over 15m3 to 30m3;

d.5) Endangered precious and rare wild plants of group IA valued up to two million VND.

dd) Allow illegal exploitation of forest products, causing damage to special-use forests:

dd.1) Round timber of group IA to 1m3;

dd.2) Round timber of group IIA, from over 5m3 to 10m3;

dd.3) Round timber of common type group I to group III, from over 7.5 m3 to 15 m3;

dd.4) Round timber of common type group IV to group VIII, from over 10m3 to 20m3;

dd.5) Endangered precious and rare forest plants of group IA are worth up to one million VND.

e) Allow illegal exploitation of forest products that are endangered, precious and rare wild animals of group IB in the quantity specified in the Appendix attached to this Circular.

g) Permit illegal transportation of timber forest products in volume of:

g.1) Logs of groups IA to 2 m3;

g.2) Round timber of group IIA, from over 10m3 to 20m3;

g.3) Round timber of common type group I to group III, from over 15 m3 to 30 m3;

g.4) Round timber of common type from group IV to group VIII, from over 20m3 to 40m3.

h) Permit illegal transportation of forest products that are endangered, precious and rare wild animals of group IB in the quantities specified in the Appendix attached to this Circular.

2.5. “Causing very serious consequences” specified in Clause 2, Article 176 of the Penal Code is causing damage from above the maximum level of serious consequences guided in this subsection 2.4, section 2 to twice the maximum level of serious consequences. weight accordingly.

For example: Nguyen Manh V is the Chairman of the People’s Committee of district A allowing illegal logging of 45m3 of round timber of group V common in production forests. So, the offense of Nguyen Manh V is in the case of very serious consequences.

2.6. “Causing particularly serious consequences” as provided for in Clause 3, Article 176 of the Penal Code is causing damage above the maximum level of very serious consequences as guided in subsection 2.5 of this Section 2.

2.7. In case of forest assignment, forest recovery or change of forest use purposes, including production and protective forests, production and special-use forests or production forests, protection forests and special-use forests, the total area of ​​all types forests are calculated according to production forests; In cases where protection forests and special-use forests are included, the total area of ​​forest types shall be calculated according to protection forests.

2.8. Where illegal transportation of forest products is timber of two or more types (common timber group I – III with common timber of group IV – VIII; common timber with precious and rare timber of group IIA) whose volume is For each wood type not to the point of criminal prosecution, the total volume of the wood types compared with the minimum level for timber from groups IV – VIII is considered to consider criminal prosecution; If logging is allowed, it is compared with the minimum level for timber from groups IV – VIII exploited in production forests.

2.9. In cases where illegal exploitation of forest products is permitted or illegal transportation of forest products is allowed to be endangered, precious and rare forest animals of group IB with two or more species, the determination “causes serious consequences”, “Causing very serious consequences” or “causing particularly serious consequences” in the Appendix attached to this Circular as follows:

a) If the number of individuals, an endangered precious and rare forest animal species “causes particularly serious consequences”, that case shall be determined as “causing particularly serious consequences”. Number of individuals of other species is considered when determining the penalty.

b) If based on the number of individuals of each endangered, precious, and rare species of forest animals only “causing serious consequences” or “causing very serious consequences”, the total number of individuals of the species compared to be compared with the species with the highest number of individuals in the Appendix attached to this Circular to determine in specific cases, “causing serious consequences”, “causing very serious consequences” or “causing special consequences. serious difference “.

3. Crime of destroying forests (Article 189 of the Penal Code)

3.1. “Illegal burning” is an act of intentionally burning forest for any purpose without the permission of a competent person or authority.

3.2. “Illegal deforestation” means deforestation, tree removal and other illegal acts that cause death of forest trees for any purpose, except the cases guided in subsection 1.1 and sub-section 1.2. 1 This Part IV.

3.3. “Other acts of destroying forests” are digging, blasting, leveling, digging, covering up tidal water, draining water or illegally discharging harmful substances into the forest … causing mass death of forest trees, polluted forest land.

Cases of illegal burning or deforestation or other acts of destroying planted forests or regenerated regenerated forests which have been assigned to organizations, collectives, households or individuals under decisions of competent State agencies For long-term stability for forestry purposes, if the assigned person has invested capital in afforestation, tending and protection …, it shall be handled as follows:

a) If forest owners illegally burn or destroy forests or commit other acts of destroying forests, they shall be examined for penal liability according to Article 189 of the Penal Code;

b) If the person who burns or deforestation illegally or commits other acts of destroying the forest is not the forest owner, he / she shall be examined for penal liability according to the respective law specified in Chapter XIV ” “of the Penal Code.

3.4. “Causing serious consequences” as prescribed in Clause 1, Article 189 of the Penal Code when falling into one of the following cases:

a) Burning, deforestation or other acts of destroying production forests with an area from above the maximum level shall be administratively sanctioned to twice the maximum level sanctioned for administrative violations.

Example: The maximum level to be administratively sanctioned under current regulations for act of deforestation of production forests is 10,000m2. Nguyen Van V deforested production forests with an area of ​​15,000m2. V’s criminal acts in the case causing serious consequences.

b) Causing a loss of forest products valued between over thirty million dong and sixty million dong, if a natural production forest is committed; From over fifty million dong to one hundred million dong for production forests being planted forests or regenerated regenerated forests in case the damaged forest cannot be equal to the burned area, deforestation or other acts of destruction Forest is not concentrated but scattered, scattered in the same or many sub-zones.

In cases where forests are damaged but also cause damage to the lives and health of other people, property of the State, collectives or individuals to the extent that they must be examined for penal liability, the crime of forest destruction shall be handled. and the corresponding crime specified in the Penal Code.

3.5. Regarding a number of details for the penalty frame specified in Clause 2, Article 189 of the Penal Code

a) “Destroying a very large forest area” means the destruction of production forests with an area of ​​more than twice the maximum level being administratively sanctioned to four times the maximum level of being administratively sanctioned.

Example: The maximum level to be administratively sanctioned according to current regulations for act of deforestation of production forests is 10,000m2. Tran Dinh S deforested production with an area of ​​30,000m2. S’s offense is in the case of destroying a very large forest area.

b) “Felling of rare and precious plants on the list of Government regulations” means cutting of endangered, precious and rare forest plants of groups IA, IIA.

In case of deforestation of endangered, precious and rare forest plants of groups IA, IIA, the damage is not determined by area as guided at Point a, sub-section 3.4, Section 3 (due to cutting down each tree in many locations of different sub-zones or sub-zones), but the value of endangered, precious and rare forest plants being cut ranges from over thirty million dong to sixty million dong for group IA or from over fifty million dong to One hundred million dong for group IIA will also be prosecuted for criminal liability under Point d, Clause 2, Article 189 of the Penal Code.

c) “Causing very serious consequences” means causing serious consequences as guided in sub-section 3.4, Section 3, and also committing one of the following acts: opposing public service executor; injure people on duty; damaging the workplace, equipment and means of the agency responsible for forest management and protection, but not to the extent of being prosecuted for independent criminal liability.

3.6. Regarding a number of details for the penalty frame as provided for in Clause 3, Article 189 of the Penal Code

a) “Destroying a particularly large area of ​​forest” means destroying production forests with an area of ​​more than four times the maximum level being administratively sanctioned.

b) “Destroying protective forests and special-use forests” means destroying these forests with an area exceeding the maximum level and being administratively sanctioned.

c) “Causing particularly serious consequences” in one of the following cases:

c.1) Value of endangered, precious and rare forest plants cut down from over sixty million VND for group IA or from over one hundred million VND for group IIA, if not in the case as guided at Points a and b of this sub-section 3.6, Section 3;

c.2) Causing damage specified at Point a or b, sub-section 3.5, Section 3 of this Section 3 and also commits one of the following acts: against the public executor; injure people on duty; damaging the workplace, equipment and means of the agency responsible for forest management and protection, but not to the extent of being prosecuted for independent criminal liability.

4. Crime of breaching the regulations on the protection of rare and precious wild animals (Article 190 of the Penal Code)

4.1. “Illegally hunting, killing, transporting and trading in rare and precious wild animals banned according to the Government’s regulations” means hunting, killing, transporting and trading in endangered, precious and rare wild animals. It is rare that IB group is not permitted by a competent authority or authorized by a competent authority but it does not comply with the provisions of the license granted.

4.2. “Illegal transport and trade in animal products” is the transportation and trade of products such as meat, bones, horns, skin, feathers, ivory, nails, scales, teeth and other parts from the bodies of endangered, precious and rare wild animals of group IB without legal papers. Where these types of products have been processed, processed into goods or materials used in production …, they shall be handled according to the provisions of law on banned goods.

4.3. Illegally hunting, killing, transporting, and trading in rare and precious wild animals, which are banned under the Government’s regulations, shall be examined for penal liability under Clause 1, Article 190 of the Penal Code when falling into one of the following cases:

a) Hunting, killing, transporting and trading endangered, precious and rare wild animals of group IB with the quantity of individuals below the minimum “causing very serious consequences” in the Appendix attached to this Circular;

b) Transporting and trading in products of endangered, precious and rare species of wild animals in group IB with a value of up to fifty million VND.

4.4. Regarding a number of details for the penalty frame as provided for in Clause 2, Article 190 of the Penal Code

a) “Use of banned hunting tools or means” means the use of military weapons (even modified), poisoned or poisoned arrows, digging tunnels, pits, plugging fangs, big braces, paw traps, javelins traps, collapsing traps, using a large log or large iron tooth, using a torch, mounting guns and other dangerous tools and means as specified by the competent authority It is not allowed to be used for hunting in that area or against such endangered, precious and rare forest animals.

b) Hunting in a prohibited area means hunting in a natural reserve or national park or hunting in other prohibited forest areas according to regulations of a competent authority.

c) Hunting during the prohibited period means hunting of endangered, precious and rare forest animals during their breeding season or in the season of their migration.

d) “Causing very serious consequences” is when falling into one of the following cases:

d.1) Hunting, killing, transporting and trading endangered, precious and rare wild animals of group IB with the number of individuals in the Appendix attached to this Circular;

d.2) Transporting and trading in products of endangered, precious and rare species of wild animals of group IB valued at between over fifty million dong and one hundred million dong;

d.3) Hunting, killing, transporting and trading endangered, precious and rare forest animals with a quantity of individuals below the level “causing very serious consequences” in the Appendix attached to this Circular and still transport Illegally trading in products of endangered, precious and rare species of group IB with a value of up to fifty million VND.

dd) “Causing particularly serious consequences” is when falling into one of the following cases:

dd.1) Illegally hunting, killing, transporting and trading endangered, precious and rare wild animals of group IB with the number of individuals in the Appendix attached to this Circular;

dd.2) Illegally transporting and / or trading in products of endangered, precious and rare wild animals of group IB valued at over one hundred million VND;

dd.3) Illegally hunting, killing, transporting, and trading in endangered, precious and rare forest animals of group IB with the number of individuals at “causing very serious consequences” in the Appendix attached to the conifers. and also illegally transport and trade in products of endangered, precious and rare wild animals of group IB with the value from over fifty million dong to one hundred million dong.

4.5. In case of illegal hunting, killing, transporting, and trading in endangered, precious and rare wild animals of group IB with two or more species, the determination “causes very serious consequences”, “causes special consequences. serious “in the Appendix attached to this Circular as follows:

a) If the number of individuals, an endangered precious and rare forest animal species “causes particularly serious consequences”, that case shall be determined as “causing particularly serious consequences”. Number of individuals of other species is considered when determining the penalty.

b) If based on the number of individuals of each endangered, precious and rare forest animal species that only “cause very serious consequences” or “below the level causing serious consequences”, the total number of individuals of these The species compared with the species with the highest number of individuals is specified in the Appendix to this Circular to determine in that particular case, it falls under Clause 1 of Article 190 of the Penal Code or “causes very serious consequences” or “causes consequences. special serious”.

5. Crime of breaching the regulations on fire prevention and fighting (Article 240 of the Penal Code)

5.1. This Circular only guides criminal penalties for acts of violating the regulations on fire prevention and fighting that lead to forest fires, causing damage to forests, health, lives and property of others.

5.2. Violations of regulations on forest fire prevention and fighting include:

a) In concentrated forests where forest owners do not have plans for fire prevention and fighting and works for forest fire prevention and fighting;

b) Burning fire, using fire in zones strictly protected for special-use forests and very critical protection zones;

c) Burning fire, using fire in flammable forests and dry vegetation in the dry season;

d) Burning fire, using fire near wooden warehouses or yards when having forest fire forecast levels from level III to grade V;

dd) Burning fire, using fire to hunt wild animals, cutting down trees and burning for coal in the forest, honey, war scrap;

f) Illegal burning of upland, field or field in forests or forest edges;

g) Failure to ensure safety in forest fire prevention and fighting when it is allowed to use fire sources, heat sources, fire-generating equipment and tools, and to preserve and use flammable substances in forests and forest edges;

h) Other acts directly causing the risk of forest fire.

5.3. Violations of regulations on fire prevention and fighting that cause forest fires shall be examined for penal liability according to Clause 1, Article 240 of the Penal Code when falling into one of the following cases:

a) Causing damage to a forest type where the area of ​​damage is from above the maximum level for being administratively sanctioned to twice the maximum level for being administratively sanctioned;

b) Causing damage to two or more forests (production forest, protection forest, special-use forest) but the damaged area of ​​each forest does not exceed the maximum level to be administratively sanctioned, but total area accumulation of damaged forests above the maximum level to be administratively sanctioned up to twice the maximum level of administrative sanctions for production forests;

For example: Hoang Ngoc B burns a fire in the forest leading to a production forest fire with an area of ​​6,000m2, a protection forest fire with an area of ​​3,000m2, a special-use forest fire with an area of ​​2,000m2. The total area of ​​the three burned forests is 11,000m2. According to current regulations, the maximum level of administrative sanctions for production forests is 10,000m2; Therefore, B must be prosecuted for criminal liability according to Clause 1 Article 240 of the Penal Code.

c) Causing death of 1 person;

d) Causing harms to the health of one or two people with an infirmity rate of 31% or higher for each person;

e) Causing harms to the health of many people with an infirmity rate of each person below 31%, but the total infirmity rate of all of these persons is between 41% and 100%;

e) Causing harms to a person’s health with an infirmity rate of between 21% and 30% and also causing damage to property valued at between thirty million dong and under fifty million dong;

g) Causing harm to the health of many people with an infirmity rate of less than 21% per person, but the total infirmity rate of all of these persons is between 30% and 40% and also causes damage to property. valued at between thirty million dong and under fifty million dong;

h) Causing damage to property valued between fifty million dong and under five hundred million dong.

5.4. “Committing the crime and causing very serious consequences” specified in Clause 2, Article 240 of the Penal Code when falling into one of the following cases:

a) Causing damage to a forest type with an area of ​​damage from more than twice the maximum level for being administratively sanctioned to four times the maximum level for being administratively sanctioned;

b) Causing damage of two or more forests (production forests, protection forests, special-use forests, regardless of whether the area of ​​each forest type has reached the level of being examined for penal liability or not), but the total area of ​​different types forests with losses from more than twice the maximum level of administrative sanctioning to four times the maximum level of administrative sanctioning for production forests;

Example 1: Tran Van M burns a fire in the forest resulting in a production forest fire with an area of ​​9,500m2, a protection forest fire with an area of ​​7,000m2, a special-use forest fire with an area of ​​4,000m2. The total area of ​​the three burned forests is 20,500 square meters. According to current regulations, the maximum level of administrative sanctions for production forests is 10,000m2; therefore, M’s offense falls under the case causing very serious consequences.

c) Causing damage to forests in one of the cases specified at Points a and b, sub-section 5.3, Section 5 and one of the details guided at Points c, d, dd, e, g and h subsection 5.3 of this Section 5;

d) Causing death of two people;

dd) Causing death of a person and also causing consequences in one of the cases guided at Points d, dd, e, g and h, sub-section 5.3, Section 5;

e) Causing harms to the health of three to four people with an infirmity rate of 31% or more each;

g) Causing harm to the health of many people with a total infirmity rate of between 101% and 200%;

h) Causing harms to the health of one or two people with an infirmity rate of 31% or more each and also causing consequences in one of the cases guided at Points dd, e, g and h subsection 5.3 of this section 5.

i) Causing damage to property valued between five hundred million dong and under one billion five hundred million dong.

5.5. “Committing the crime and causing particularly serious consequences” specified in Clause 3, Article 240 of the Penal Code when falling into one of the following cases:

a) Causing damage to a forest type more than four times the maximum level of being administratively sanctioned;

b) Causing damage of two or more forests (production forests, protection forests, special-use forests, regardless of whether the area of ​​each forest type has reached the level of being examined for penal liability or not), but the total area of ​​different types forests with losses of more than four times the maximum level of administrative sanctions for production forests;

c) Causing damage to forests in one of the cases specified at Points a and b, subsection 5.4, Section 5 and one of the details guided at Points d, dd, e, g, h and i subsection 5.4 of this section 5;

d) Causing death of three or more people;

dd) Causing two deaths and also causing consequences in one of the cases guided at Points d, dd, e, g and h, sub-section 5.3, Section 5;

e) Causing death of a person and also causing consequences in one of the cases guided at Points e, g, h and i, sub-section 5.4, Section 5;

g) Causing harms to the health of five or more people with an infirmity rate of 31% or more each;

h) Causing harm to the health of many people with a total infirmity rate of more than 200%;

i) Causing harm to the health of three or four people with an infirmity rate of 31% or more each and also causing damage to property as guided at Point i, subsection 5.4, Section 5;

k) Causing damage to property valued at one billion five hundred million dong or more.

V. IMPLEMENTATION EFFECT

1. This Circular takes implementation effect 15 days after its publication in the Official Gazette.

2. For the cases in which the offenders have been convicted strictly according to the previous guiding documents and the sentences have taken legal effect, this Circular shall not be used to protest according to cassation procedures. , reopening, unless there are other grounds for appeal; If according to this Circular, they are not liable for penal liability, they shall be handled according to the penalty execution exemption procedure.

3. In the course of implementation, if any problem arises or has not been guided, explanation or additional guidance is required, the request should be reported to the Ministry of Agriculture and Rural Development, the Ministry of Public Security or the Ministry of Justice. , Supreme People’s Procuracy, Supreme People’s Court for additional explanation or guidance./.