Decision on Imposing Fines on Companies, Enterprises, and Individuals Illegally Cultivating Bananas in Bokeo Province
关于对波乔省内各公司、企业及个人不依法违规种植香蕉者实施罚款措施的决定
ຂໍ້ຕົກລົງ ວ່າດ້ວຍ ມາດຕະການ ປັບໃໝຕໍ່ຜູ້ລະເມີດການປູກກ້ວຍຫອມ ທີ່ບໍ່ຖືກຕ້ອງຕາມລະບຽບກົດໝາຍ ຂອງບັນດາບໍລິສັດ, ວິສາຫະກິດ ແລະ ບຸກຄົນ ຢູ່ພາຍໃນ ແຂວງບໍ່ແກ້ວ
Summary
The Governor of Bokeo Province issued a decision imposing fines and corresponding measures on companies, enterprises, and individuals illegally cultivating bananas without legal procedures in the province, with fines remitted to the state budget after deducting expenses.
Articles
Article 1
Agree to impose fines on companies, enterprises, and individuals that illegally cultivate bananas in violation of the law, as follows: 1) For companies, enterprises, and legal entities that invest in banana cultivation but lack compliant approval documents (such as: investment license, enterprise registration certificate, agricultural and forestry business operation license, tax registration certificate processed in accordance with the Tax Law, environmental commitment plan confirmation certificate processed in accordance with the Environmental Protection Law, etc.), fines shall be strictly imposed in accordance with relevant regulations and laws. 2) For companies, enterprises, and individuals that cultivate bananas on general land, garden land, or abandoned dry land without obtaining lawful state permission, a fine of 10,000,000 Kip (ten million Kip) per hectare shall be imposed in accordance with Article 3 of the Governor's Decision No. 1831/ຈຂ.ບກ (dated November 12, 2015), along with a written warning record; simultaneously, the land plot shall be re-inspected to ensure compliance with regulations and previous resolutions and orders of the government, and cultivation may continue only after all documents are fully supplemented. 3) For companies or investors that cultivate bananas on paddy land without compliant documents (such as: investment license, enterprise registration certificate, agricultural and forestry business operation license, tax registration certificate, natural-social environment commitment plan confirmation certificate), enforcement shall be carried out strictly in accordance with relevant regulations and laws, and a fine of 50,000,000 Kip (fifty million Kip) per hectare shall be imposed in accordance with Article 3 of the Governor's Decision No. 1831/ຈຂ.ບກ (dated November 12, 2015), along with a written warning record; after harvesting the current year's crop, the banana plantation shall be removed and the paddy land shall be restored for rice cultivation.
Article 2
For cadres, village administrative authorities, agents, and those colluding with land use rights holders who continue to violate the Governor's decisions, orders, regulations, laws, and government orders: the first violation shall result in education and a written record; the second violation shall result in an order to write a review (inspection) report; the third violation shall result in expulsion from the organization, and civil and criminal liability shall be pursued according to their violations.
Article 3
Assign the appointed specialized task force to issue a notice, summoning companies, enterprises, and individuals illegally cultivating bananas to meet in order to implement handling measures in accordance with this Decision; the basis shall be the factual data collected earlier by the responsible agencies, namely the Department of Agriculture and Forestry and the Department of Natural Resources and Environment, during field visits. — If companies, enterprises, and individuals fail to respond to the summons of the specialized task force or refuse to cooperate, measures such as cutting off electricity (limited to within the project area), prohibiting the transport of bananas out of the area, and making written records shall be taken, to be handled in accordance with the laws and regulations of relevant authorities. — Any company, enterprise, or individual engaged in banana cultivation business, if the declared area does not match the actual situation as verified by the specialized task force, shall be fined twice the amount of the fine specified in this Decision; in addition to the above measures, they must strictly implement the laws, decisions, and regulatory documents promulgated by the central government and the province.
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