How many years in prison will be imposed for illegally exploiting 20m3 of precious and rare wood in a natural protected forest?

Reply:According to the provisions of Clause 2, Article 232, Penal Code 2015 (amended and supplemented Penal Code 2017), imprisonment from 2 years to 7 years or fine from 300,000,000 to 1,500,000,000 VND shall be imposed for criminal acts falling into one of the following cases:

- Illegal exploitation of production forests is planted forests from 40 cubic meters (m³) to under 80 m³wood of common plant species or from 30 m³up to 50 m³Wood belonging to the List of endangered, precious and rare forest plants and animals Group IIA;

- Illegal exploitation of production forests is natural forests from 20 m³up to 40m³wood of common plant species or from 15 m³up to 30 m³Wood belonging to the List of endangered, precious and rare forest plants and animals Group IIA;

- Illegal exploitation of protective forests is planted forests from 30 m³up to 60 m³wood of common plant species or from 20 m³up to 40 m³Wood belonging to the List of endangered, precious and rare forest plants and animals Group IIA;

- Illegal exploitation of protective forests is natural forests from 15m³up to 30 m³wood of common plant species or from 10 m³up to 20 m³ Wood belonging to the List of endangered, precious and rare forest plants and animals Group IIA;

- Illegal exploitation of special-use forests is planted forests from 20 m³up to 40 m³wood of common plant species or from 10 m³ up to 20 m³Wood belonging to the List of endangered, precious and rare forest plants and animals Group IIA;

- Illegal exploitation of special-use forests is natural forests from 08 m³up to 15 m³wood of common plant species or from 03 m³to under 10 m³ Wood belonging to the List of endangered, precious and rare forest plants and animals Group IIA;

- Illegal exploitation of non-timber forest plants in the List of endangered, precious and rare forest plants and animals in Group IIA worth from 100,000,000 to under 200,000,000 VND; common non-timber forest plants worth from 200,000,000 to under 400,000,000 VND;

- Illegal exploitation of timber belonging to the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals Group IA from 02 m³to under 04 m³in production forests, from 1.5 m³to under 03 m³in protective forests or from 01 m³to under 02 m³ in special use forests;

- Illegal exploitation of non-timber forest plants on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals Group IA worth from 60,000,000 to less than 120,000,000 VND;

- Illegally storing, transporting, processing or trading from 03 m³up to 06 m³Wood on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of Group IA or wood originating from foreign countries in Appendix I, Convention on International Trade in Endangered Species of Wild Fauna and Flora; from 20 m³up to 40 m³Wood belonging to the List of endangered, precious and rare forest plants and animals of Group IIA or wood originating from foreign countries in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; from 40 m³up to 80 m³wood of common forest plants;

- Illegally storing, transporting, processing or trading in non-timber forest plants worth from VND 600,000,000 to under VND 1,200,000,000;

- Organized;

- Buying and selling, transporting across borders;

- Dangerous recidivism.

Thus, with the act of illegally exploiting 20 m³Protected forest timber is a natural forest with precious and rare wood in group IIA. This is one of the violations under Clause 2, Article 232 of the 2015 Penal Code (amended and supplemented in the 2017 Penal Code), which can be punished with imprisonment from 02 years to 07 years or a fine from 300,000,000 to 1,500,000,000 VND.