Database of Legislation

Crimes that affect the environment
     Chapter VII
     Article 100-103

    UNTOC Articles

    • Organized Crime Convention

    • Article 10: Liability of legal persons
    • Article 11: Prosecution, adjudication and sanctions
    • Trafficking in Persons Protocol

    • Smuggling of Migrants Protocol

    • Firearms Protocol

       

      Original Text

      Article 100. Prohibitions for civil servants and forestry officers
      The following behaviours are prohibited for civil servants and forestry officers:
      1. To abuse of position and receiving bribery for their own benefits;
      2. To abuse over function that causes damage to the State, collectives, or rights and interest of the people;
      3. To abandon the duties and behave irresponsibly for the assigned tasks related to forests;
      4. To release State and official confidential information related to forests;
      5. To falsify documents such as signature, seal and log list, timber measurement, timber quality grading, data of forest survey forest inspection and timber stamping;
      6. To operate or take part in businesses concerning harvesting and trading of timber and forest products;
      7. To give the log stamp hammer to a businessman or unauthorised people including staff who have no relevant responsibility;
      8. To move, change or destroy boundary signs/stakes for Protection Forest, Conservation Forest and Production Forest areas;
      9. To engage in violence, intimidation or threats and other illegal measures.
      10. To have logging machinery and log hauling vehicles in the possession;
      11. Other prohibited behaviours as provided in laws and regulations.

      Article 101. Prohibitions for businessmen
      The following behavior is prohibited by domestic and foreign businessmen:
      1. To carry out forest and forest resource survey, logging, harvest of timber and NTFP exempt when permission is received;
      2. To build veneer mills, sawmills, furniture factories and timber and NTFP processing factories without permission, and inside or nearby any forest categories;
      3. To encroach and destroy forest and forest resources in the totally prohibited zones of Protection Forest and Conservation Forest, corridor zones between the Conservation Forests or between one Conservation Forest and other forest categories and other areas;
      4. To illegally occupy trees, forests or NTFP and forestland areas in the possession, to cut trees in compensation of the log volume approved in the previous year’s logging plan and logging before approval.
      5. To clear any forest and forestland areas outside the approved areas;
      6. To move, change or destroy boundary marking signs/stakes of Protection Forest, Conservation Forest and Production Forest areas;
      7. To import foreign labour, log hauling vehicles and logging machinery and equipment without permission;
      8. To cut, purchase, sell and transport any natural trees prohibition species and special trees which are nearly extinct without permission from the government such as: May Dou Lai (Pterocarpus macrocarpus sp.), May Kha Nhoung (Dalbergia cochinchinensis), May Padong (Shorea hippocras), May khamphi (Dalbergia bariensis), May Longleng (Cunninghamia Sinensis), May Champa Pa (Michelia Champaca);
      9. To remove timber and NTFP exceeding weight, quantity, size, and during the prohibited period or not in compliance with the documents;
      10. To offer bribery to forestry civil servants, forestry officers and people;
      11. To falsify documents, seal, and log stamp hammer;
      12. To use violence or refer to another person’s name to intimidate civil servants, forestry officers or local people;
      13. Other prohibited behaviours as provided in the laws and regulations.

      Article 102. Prohibitions for people
      The following behaviours is prohibited by people:
      1. To destroy forests by encroachment, clearing, cutting, burning, and using chemical matters to kill trees, or other illegal actions;
      2. To set up settlements in Protection Forest, Conservation Forest and Production Forest areas or manufacture without permission;
      3. To cut, purchase, sell and remove or harvest natural timber prohibited species and special trees which are nearly to extinct without permission from the government such as: May Dou Lai (Pterocarpus macrocarpus sp.), May Kha Nhoung (Dalbergia cochinchinensis), May Padong (Shorea hippocras), May khamphi (Dalbergia bariensis), May Longleng (Cunninghamia Sinensis), May Champa Pa (Michelia Champaca);
      4. To illegally occupy trees, forests, NTFP and Forestland;
      5. To cooperate with businessmen, civil servants or forestry officer(s) in illegal logging, encroachment or destroying forests and forest resources;
      6. To falsify documents, seal and log stamp hammer;
      7. To use violence or refer to another person’s name to intimidate civil servants, forestry officers, or other people;
      8. To move, change or destroy boundary marking signs/stakes of Protection Forest, Conservation Forest and Production Forest areas;
      9. To purchase or sell illegal timber;
      10. Other prohibited behaviors as provided in the laws and regulations.

      Article 103. Prohibitions for organizations and other individuals
      To prohibit organizations and individuals behavior as follow:
      1. To abuse of rights or the use of violence or referring to another person’s name to intimidate civil servants and forestry officers, or other people;
      2. To abuse the position/title and function for their own and others’ benefits;
      3. To operate businesses on logging, trading of timber and NTFPs by their own investment or with shareholders without permission;
      4. To permit the conversion of forest and forestland categories, to permit a lease and concession of forestland unlawful, including the exchange of timber within projects;
      5. To issue permission for logging and NTFP harvest;
      6. To obstruct the working performance of forestry officers in action;
      7. To suppress justice procedures on the proceedings of forest cases;
      8. Other prohibited behaviors as provided in the laws and regulations

       
       

      Cross-Cutting Issues

      • Liability

        • Liability of Legal Persons

          • • Administrative
            • Civil