Decree 35/2019/ND-CP on sanctioning of administrative violations in the field of forestry.

This Decree establishes a framework for identifying and penalizing administrative violations within Vietnam's forestry sector. It defines the specific scope of regulated entities, which includes both domestic and foreign individuals and organizations operating in Vietnam, as well as the authorities empowered to record and penalize these violations. The Decree categorizes various types of misconduct, ranging from forest trespass and illegal land use to the unauthorized extraction, transport, and trading of forest products, including those protected under international CITES agreements. It also addresses procedural failures, such as non-compliance with forest environmental service payments and sustainable management planning.
The penalty system outlined in the Decree consists of primary sanctions, additional penalties, and mandatory remedial measures. Additional penalties may include the confiscation of illegal exhibits or tools and the suspension of forest harvesting or processing operations for up to twelve months. Remedial measures focus on environmental restoration, such as enforced reforestation, the demolition of illegal structures, and the destruction of hazardous goods or illegal tree seeds.
The Decree further specifies the jurisdictional powers of various government bodies to enforce these regulations. Authority is delegated to forest protection forces (rangers), People’s Committees at various levels, specialized inspectorates, and the People’s police. Furthermore, specific enforcement roles are assigned to border guards, coast guards, customs agencies, and market surveillance authorities for violations occurring within their respective domains. The text provides detailed calculations for damage based on forest area, timber volume, and the species' conservation status to ensure standardized penalty application.