What is the maximum prison sentence for forest destruction?

Answer: Currently, the crime of forest destruction is regulated in Article 243 of the 2015 Penal Code, amended in 2017, with a penalty of up to 15 years in prison. Specifically, anyone who illegally burns or destroys forests or commits other acts of forest destruction may be prosecuted as follows:

Crime of forest destruction

1. Anyone who illegally burns or destroys forests or commits other acts of forest destruction in one of the following cases shall be subject to a fine of from VND 50,000,000 to VND 500,000,000, non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years:

a) Unforested trees or regenerated forests in forests without reserves with an area from 30,000 square meters (m2) to less than 50,000 square meters (m2);

b) Production forests with an area from 5,000 square meters (m2) to less than 10,000 square meters (m2);

c) Protective forests with an area from 3,000 square meters (m2) to less than 7,000 square meters (m2);

d) Special-use forests with an area from 1,000 square meters (m2) to less than 3,000 square meters (m2);

d) Causing damage to forest products worth from VND 50,000,000 to under VND 100,000,000 in cases where the damaged forest area cannot be calculated;

e) Plants on the List of endangered, precious, rare species prioritized for protection or the List of endangered, precious, rare forest plants and animals Group IA worth from VND 20,000,000 to under VND 60,000,000; plants on the List of endangered, precious, rare forest plants and animals Group IIA worth from VND 40,000,000 to under VND 100,000,000;

g) The forest area or value of forest products is below the level prescribed in one of points a, b, c, d, dd and e of this clause but has been administratively sanctioned for one of the acts prescribed in this Article or has been convicted of this crime, the criminal record has not been cleared and the violation continues.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 to 07 years:

a) Organized;

b) Taking advantage of position, power or taking advantage of the name of an agency or organization;

c) Dangerous recidivism;

d) Unforested trees or regenerated forests in forests without reserves with an area from 50,000 square meters (m2) to less than 100,000 square meters (m2);

d) Production forests with an area from 10,000 square meters (m2) to less than 50,000 square meters (m2);

e) Protective forests with an area from 7,000 square meters (m2) to less than 10,000 square meters (m2);

g) Special-use forests with an area from 3,000 square meters (m2) to less than 5,000 square meters (m2);

h) Causing damage to forest products worth from VND 100,000,000 to under VND 200,000,000 in cases where the damaged forest area cannot be calculated;

i) Plants on the List of endangered, precious, rare species prioritized for protection or the List of endangered, precious, rare forest plants and animals Group IA worth from VND 60,000,000 to under VND 100,000,000; plants on the List of endangered, precious, rare forest plants and animals Group IIA worth from VND 100,000,000 to under VND 200,000,000.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 years to 15 years:

a) Unforested trees or regenerated forests in forests without reserves with an area of ​​100,000 square meters (m2) or more;

b) Production forests with an area of ​​50,000 square meters (m2) or more;

c) Protective forests with an area of ​​10,000 square meters (m2) or more;

d) Special-use forests with an area of ​​5,000 square meters (m2) or more;

d) Causing damage to forest products worth VND 200,000,000 or more in cases where the damaged forest area cannot be calculated;

e) 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 VND 100,000,000 or more; plants on the List of endangered, precious, and rare forest plants and animals Group IIA worth VND 200,000,000 or more.

4. The offender may also be fined from VND 20,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.

Thus, for individuals who commit forest destruction, the highest penalty is 15 years in prison, and the penalty must be based on the case file and circumstances as a basis for the Court to decide.