Circular No. 01/2012/TT-BNNPTNT dated January 4, 2012 of the Ministry of Agriculture and Rural Development stipulating dossiers of lawful forest products and inspection of the origin of forest products

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Circular No. 01/2012/TT-BNNPTNT of January 4, 2012, stipulating dossiers of lawful forest products and inspection of the origin of forest products

Pursuant to the December 3, 2004 Law on Forest Protection and Development;

Pursuant to the Government’s Decree No. 23/2006/ND-CP of March 3, 2006, on implementation of the Law on Forest Protection and Development;

Pursuant to the Government’s Decree No. 01/2008/ND-CP of January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development, and Decree No. 75/2009/ND-CP of September 10, 2009, amending Article 3 of Decree No. 01/2008/ND-CP;

The Ministry of Agriculture and Rural Development stipulates dossiers of lawful forest products and inspection of the origin of forest products as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular stipulates dossiers of lawful forest products and inspection of the origin of timber and non-timber forest products (below commonly referred to as forest products) within the territory of the Socialist Republic of Vietnam.

Article 2. Subjects of application

This Circular applies to domestic organizations, population communities, households and individuals; and foreign organizations and individuals that are engaged in the exploitation, transportation, processing, trading and storage of forest products within the territory of the Socialist Republic of Vietnam.

Article 3. Interpretation of terms

In this Circular the terms and expressions below are construed as follows:

1. Local forest protection agencies include forest ranger offices of special-use forests and protection forests; forest ranger offices of rural districts, towns, urban districts, cities (below collectively referred to as district-level forest ranger offices); provincial-level forest protection sub-departments of localities without district-level forest ranger offices.

2. Dossier of forest products means documentary records of forest products made and kept at forest product production and trading establishments and circulated together with forest products during the exploitation, trading, transportation, processing and storage.

3. Non-timber forest product means a forest animal or plant which does not meet the standards of timber specified at Points b and c, Clause 3, Article 5 of this Circular and its parts and derivatives.

4. Forest animal or plant derivative means any form of material extracted from a forest animal or plant, such as blood and biliary fluid of a forest animal; resin and essential oil extracted from an unprocessed forest plant.

5. Packing list of forest products means a list of forest products made according to Form No. 1 attached to this Circular (not printed herein) used for one pre-receipt  inspection, trading, receipt or delivery or of forest products transported on one vehicle.

6. Forest product receipt and delivery monitoring book means a book made according to Form No. 2 attached to this Circular (not printed herein) for recording forest products received, delivered and kept by a forest product exploitation, processing or trading establishment.

7. Internal transportation means the transportation of forest products between dependent cost-accounting units such as forest farms, forestry companies, processing plants, branches or stores of an independent cost-accounting enterprise with the legal person status; or the transportation of forest products from an independent cost-accounting enterprise with the legal person status to its dependent cost-accounting units and vice versa.

For forest owners, organizations or individuals that purchase standing trees, the transportation of these forest products from timber exploitation sites to their warehouses or processing establishments is also considered internal transportation.

8. Certification of forest products means determination of the lawfulness of dossiers of forest products and compatibility of these dossiers with forest products.

9. Unprocessed forest product means a forest product which, after being exploited, delivered and confiscated, has not yet been treated by any tools or equipment and is still in its original shape and size.

Article 4. Determination of forest product quantity and volume

1. Volume of round timber, sawn timber and square timber shall be determined under the Ministry of Agriculture and Rural Development’s regulations on management and hammer marking of trees.

For stumps and roots, timber with complex shape, ornamental trees, trees for shadow or secular trees, including their roots, trunks, branches and leaves, which cannot be measured for determining their volumes, they shall be weighed in kilogram (kg) and converted at the ratio of 1,000 kg equivalent to 1 m3 of round timber or measured in ster and converted at the ratio of one ster equivalent to 0.7 m3 of round timber.

2. Quantity of forest animals shall be determined in number of forest animal individuals which are weighed in kg. If it is impossible to determine the number of individuals, these animals will be weighed in kg.

Volumes of parts and derivatives of forest animals and plants shall be determined by weight in kg or measurement in milliliter (ml) if these parts and derivates are in liquid form.

3. Quantity of forest products from non-timber forest plants shall be determined by weighing in kg.

Article 5. Packing lists of forest products

1. The form of packing lists of forest products provided in this Circular applies to all organizations, communities, households and individuals.

2. Packing lists of forest products shall be made by organizations, communities, households and individuals engaged in forest product exploitation, receipt and delivery upon each pre-receipt inspection and forest protection hammer marking or pre-receipt inspection and delivery of forest products carried on the same vehicle.

Organizations, communities, households and individuals that make packing lists of forest products shall take responsibility before law for the accuracy and lawful origin of forest products specified in their packing lists.

3. Method of making a packing list of forest products:

a/ The forest product owner writes all contents of forest products in the packing list.

b/ He/she enumerates in detail raw logs, round timber and timber with the smaller end’s diameter of between 10 and 20 cm and a length of 1 m or longer or with the smaller end’s diameter of 20 cm or larger and a length of 30 cm or more, and sawn timber planks and cut timber blocks of a length of 1 m or more, a width of 20 cm or more and a thickness of 5 cm or more.

c/ He/she writes the total quantity, volume or weight of round timber, cut timber and sawn timber with sizes smaller than those specified at Point b of this Clause.

d/ He/she writes in detail the real quantity, volume or weight of each non-timber forest product or the total figure of these forest products according to their actual figures.

e/ At the bottom of each page of the packing list, he/she writes the total volume of forest products.

Article 6. Forest product receipt and delivery monitoring books

1. The form of forest product receipt and delivery monitoring books provided in this Circular applies to all forest product exploitation, processing and trading organizations.

2. Forest product receipt and delivery monitoring books shall be managed at organizations specified in Clause 1 of this Article.  Immediately after forest products are received or delivered, forest product owners shall clearly write in the book the following information: date of receipt or delivery; names and origin of forest products; specifications, quantity, volume,  and balances at the beginning and the end of the period.

When receiving timber exploited from natural forests in the country, organizations mentioned in Clause 1 of this Article shall report such to local forest protection agencies for inspection and signing for certification in their forest product receipt and delivery monitoring books.

Article 7. Certification of forest products

1. Agencies competent to certify forest products

a/ District-level forest ranger offices or provincial-level forest protection sub-departments in localities having no district-level forest ranger offices may certify the following forest products:

- Unprocessed forest products exploited from natural forests or consolidated planted forests in the country, of delivering organizations;

- Forest products of import origin and not yet processed in the country, of delivering organizations or individuals;

- Forest animals raised in the country and their parts or derivatives, of delivering organizations, communities, households or individuals;

- Confiscated unprocessed forest products of receiving organizations, communities, households or individuals;

- Processed forest products of receiving organizations, communities, households or individuals;

- Forest products transported internally among places not in the same province or centrally run city.

b/ Forest ranger offices of special-use forests or protection forests may certify forest products lawfully exploited from these forests and confiscated forest products according to their competence;

c/ Local forest protection agencies shall advise People’s Committees of communes, wards or townships (below collectively referred to as commune-level People’s Committees) may certify the following forest products:

- Unprocessed forest products exploited from home gardens, farms or scattered trees by delivering organizations;

- Unprocessed forest products exploited from natural forests in the country, consolidated planted forests, home gardens, farms or scattered trees by delivering communities, households or individuals.

2. Procedures and dossiers of request for forest product certification

a/ The forest product owner shall submit one dossier set (the original) of request for forest product certification directly to a competent state agency defined in Clause 1 of this Article.

b/ A dossier of request for forest product certification comprises a packing list of forest products, sale invoices under the Ministry of Finance’s regulations (if any) and documents on the origin of forest products under the State’s current regulations.

For forest products purchased from many communities, households or individuals that have exploited them from their home gardens, farms or scattered trees, the forest product purchaser shall make a packing list with the signatures of representatives of such communities, households or individuals.

3. Certification time limit

a/ The time limit for forest product certification and notification of certification results is 3 working days after the date of receiving a complete and valid dossier. Certification must be given immediately in case the examined dossier is valid and forest products are compliant with regulations.

For an invalid dossier, the dossier-receiving agency shall promptly notify such to and guide the forest product owner in completing the dossier.

b/ In case of necessity to verify the origin of forest products before certification, the dossier-receiving agency shall promptly notify such to the forest product owner and verify unclear matters in the forest product dossier, origin, quantity, volume and category and make a written record of the verification upon completing the verification. If the verification finds no violation, forest products shall be promptly certified under this Circular. In case of verification, the time limit for forest product certification is 5 working days after the receipt of a complete and valid dossier.

In case a violation is detected through verification, a dossier shall be made for handling the violation under current laws.

c/ The representative of the state agency certifying forest products shall write his/her opinions on the details provided by the forest product owner in the forest product dossier, including the number and date written in the enclosed invoices, license plate number of the vehicle (if any); date of certification; and sign and write his/her full name and position and append the seal of his/her agency on the packing list, and take responsibility before law for the accuracy and lawful origin of certified forest products.

In case of certification of forest products by commune-level People’s Committees under Point c, Clause 1 of this Article, signatures of local rangers on packing lists of forest products are also required. For their advice, local ranger officers shall also take responsibility before law for the accuracy and lawful origin of forest products.

Article 8. Management and preservation of forest product dossiers

1. Forest product owners shall manage forest product dossiers (original) together with forest products; and preserve these dossiers and forest product receipt and delivery monitoring books for 5 years after forest products are delivered.

2. Agencies competent to certify forest products shall preserve the packing lists of forest products (original) after giving certification and documents on the origin of forest products (copies) at their offices.

Chapter II

DOSSIERS OF LAWFUL FOREST PRODUCTS

Section 1

FOREST PRODUCT ORIGIN DOSSIERS

Article 9. Domestically exploited forest products

1. A dossier of timber exploited as primary or secondary forest products or fully extracted from natural forests or consolidated planted forests, home gardens, farms or scattered trees comprises:

a/ Documents on timber exploitation under the Ministry of Agriculture and Rural Development’s Circular No. 35/2011/TT-BNNPTNT of May 20, 2011, guiding the exploitation and full extraction of timber and non-timber forest products (below referred to as Circular No. 35/2011/TT-BNNPTNT) and other relevant current regulations.

b/ For timber eligible for forest ranger hammer-marking under the Ministry of Agriculture and Rural Development’s regulations, such a dossier comprises a written certification of timber bearing forest ranger hammer marks enclosed with a packing list of forest products.

For timber ineligible for forest ranger hammer-marking under the Ministry of Agriculture and Rural Development’s regulations, such a dossier comprises a packing list of forest products with the certification of a competent agency defined in Clause 1, Article 7 of this Circular.

2. A dossier of non-timber forest products exploited from domestic forests:

a/ For forest plants: documents on exploitation of non-timber forest products as specified in Circular No. 35/2011/TT-BNNPTNT; and a packing list of forest products.

b/ For forest animals: A packing list of forest products with the certification of the local forest protection agency.

Article 10. Imported forest products

1. Customs declaration of imported forest products with the certification of the border-gate customs office under the State’s current regulations.

2. Packing list of forest products made by the foreign forest product exporter.

3. Written certification of the origin of forest products and other documents of the country of exportation (if any).

4. CITES permit for forest products on the list provided in Annex I or II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Article 11. Confiscated forest products

A dossier of confiscated forest products comprises a decision on handling of an administrative violation or a decision on disposal of material evidence issued by a state agency competent to confiscate forest products into the state fund, enclosed with a written record of the violation and a packing list of forest products.

Section 2

DOSSIERS OF FOREST PRODUCTS IN CIRCULATION

Article 12. Unprocessed forest products exploited from natural forests in the country

1. A forest product dossier of a delivering organization comprises sale invoices under the Ministry of Finance’s regulations, enclosed with a packing list of forest products with the certification of a local forest protection agency.

2. A forest product dossier of a delivering community, household or individual comprises a packing list of forest products with the certification of the commune-level People’s Committee.

Article 13. Unprocessed forest products exploited from consolidated planted forests, home gardens, farms or scattered trees

1. A dossier of forest products exploited from consolidated planted forests of a delivering organization comprises sale invoices under the Ministry of Finance’s regulations, enclosed with a packing list of forest products with the certification of a local forest protection agency.

2. A dossier of forest products exploited from home garden, farm or scattered trees of a delivering organization comprises sale invoices under the Ministry of Finance’s regulations, enclosed with a packing list of forest products with the certification of the commune-level People’s Committee.

3. A forest product dossier of a delivering community, household or individual comprises a packing list of forest products with the certification of the commune-level People’s Committee.

Article 14. Imported forest products which are not processed in the country

1. A forest product dossier of a delivering organization comprises sale invoices under the Ministry of Finance’s regulations, enclosed with a packing list of forest products with the certification of a local forest protection agency.

2. A forest product dossier of a delivering individual comprises a packing list of forest products with the certification of a local forest protection agency.

Article 15. Forest animals raised in the country and their parts or derivatives

1. A dossier of a delivering organization comprises sale invoices under the Ministry of Finance’s regulations, enclosed with a packing list of forest products with the certification of a local forest protection agency.

2. A dossier of a delivering community, household or individual comprises a packing list of forest products with the certification of a local forest protection agency.

Article 16. Confiscated unprocessed forest products

1. A forest product dossier of a delivering state agency with handling competence comprises sale invoices under the Ministry of Finance’s regulations, enclosed with a packing list of forest products made by the forest product-selling agency.

2. A forest product dossier of a delivering organization comprises sale invoices under the Ministry of Finance’s regulations, enclosed with a packing list of forest products with the certification of a local forest protection agency.

3. A forest product dossier of a delivering community, household or individual comprises a packing list of forest products with the certification of a local forest protection agency.

Article 17. Processed forest products

1. A dossier of forest products processed from timber exploited from natural forests in the country of a delivering organization comprises sale invoices under the Ministry of Finance’s regulations, enclosed with a packing list of forest products made by the forest product-selling agency.

2. For forest products processed from imported or confiscated timber:

a/ A dossier of forest products processed from imported or confiscated timber of a delivering organization defined at Point a, Clause 4, Article 26 of this Circular comprises sale invoices under the Ministry of Finance’s regulations, enclosed with a packing list of forest products.

b/ A dossier of forest products processed from imported or confiscated timber of an organization defined at Point b, Clause 4, Article 26 of this Circular comprises sale invoices under the Ministry of Finance’s regulations, enclosed with a packing list of forest products with the certification of a local forest protection agency.

3. A dossier of forest products processed from timber from natural forests in the country, imported or confiscated timber of a delivering community, household or individual comprises a packing list of forest products with the certification of a local forest protection agency.

4. A dossier of forest products processed from timber of consolidated planted forests, home gardens, farms or scattered trees:

a/ A dossier of forest products processed from timber of consolidated planted forests, home gardens, farms or scattered trees of a delivering organization comprises sale invoices under the Ministry of Finance’s regulations enclosed with a packing list of forest products.

b/ A dossier of forest products processed from timber of consolidated planted forests, home gardens, farms or scattered trees of a delivering community, household or individual comprises a packing list of forest products.

5. A dossier of processed non-timber forest products:

a/ A dossier of processed non-timber forest products of a delivering organization comprises sale invoices under the Ministry of Finance’s regulations enclosed with a packing list of forest products.

b/ A dossier of processed non-timber forest products of a delivering community, household or individual comprises a packing list of forest products.

Article 18. Internal transportation of forest products

1. A dossier of internal transportation of forest products within a province or centrally run city comprises an internal ex-warehousing bill enclosed with a packing list of forest products.

2. A dossier of internal transportation of forest products between places not within the same province or centrally run city.

a/ A dossier of transportation of timber, forest animals or their parts or derivatives comprises an internal ex-warehousing bill enclosed with a packing list of forest products on each transportation vehicle with the certification of a local forest protection agency.

b/ A dossier of transportation of forest products other than those specified at Point a of this Clause comprises an internal ex-warehousing bill enclosed with a packing list of forest products.

Article 19. Transportation of in-transit forest products

1. Customs declaration of in-transit forest products with the certification of a border-gate customs office under the State’s current regulations.

2. Packing list of forest products of the foreign organization or individual that exports the goods lot.

3. CITES permit, for forest products on the list in Annex I or II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

4. In case in-transit forest products are unloaded in the Vietnamese territory for transshipment or portage at ports or stations, a subsequent dossier of in-transit forest products comprises a packing list of forest products for each shipment or each vehicle enclosed with certified copies of the dossier of in-transit forest products specified in Clauses 1, 2 and 3 of this Article.

Section 3

FOREST PRODUCT DOSSIERS AT PROCESSING, TRADING OR STORING ESTABLISHMENTS

Article 20. Forest product dossiers at establishments processing, trading in or raising forest animals

A forest product dossier at an establishment processing, trading in or raising forest animals comprises a forest product receipt and delivery monitoring book; sale invoices; a packing list of forest products and other documents related to received or delivered forest products as specified in this Circular.

Article 21. Forest product dossiers at storage places

Forest product dossiers at storage places are made for each category of forest products in the different stages of the forest product circulation process (origin of forest products; forest product circulation, processing and trading) under this Circular.

Chapter III

INSPECTION OF ORIGIN OF FOREST PRODUCTS

Section 1

PRINCIPLES OF INSPECTION OF FOREST PRODUCTS

Article 22. Organization of inspection

1. Inspection of forest products may be conducted by forest protection agencies at all levels during the exploitation, transportation, processing, trading, growing, raising or storage of forest products.

In case forest product owners are detected through inspection as having incomplete forest product dossiers or actual forest products are inconsistent with their dossiers specified in this Circular, inspecting agencies shall investigate and verify the origin of these forest products.

2. Inspection of forest products shall be conducted under plans or upon detection or receipt of information on violations of forest product owners. In the course of inspection, forest protection officers shall wear their uniform, badges and insignias according to the State’s regulations.

3. Every inspection of forest products shall be conducted according to the law-prescribed order and procedures and recorded in writing according to Form No. 03 or 04 attached to this Circular (not printed herein). In case of detecting a violation of the State’s regulations, a written record of administrative violation must be made under the Government’s Decree No. 99/2009/ND-CP of November 2, 2009, on sanctioning of administrative violations in the field of forest management and protection and forest product management.

Article 23. Report-based inspection

1. Receipt and processing of reports:

a/ Upon receiving a report on a violation, a forest protection officer shall report it to the head of his/her unit. In case a citizen personally denounces at the forest protection office, the receipt of the report must be recorded in writing. In case of receiving a report via phone, a forest protection officer shall request the reporting person to provide on his/her full name, address and telephone number. If the reporting person fails to provide such information, the forest protection officer shall immediately report such to the head of his/her unit.

b/ The head of a forest protection agency shall compile a book for monitoring reports and manage such book according to the regime of management of confidential documents.

2. Report-based inspection

Reports of organizations and individuals in any form are regarded as grounds for considering the inspection of forest products. Heads of report-receiving units shall decide to conduct report-based inspection when there are reliable grounds.

Section 2

INSPECTION OF EXPLOITATION OF FOREST PRODUCTS

Article 24. Inspection of compliance with regulations on exploitation of forest products

1. Inspection covers:

a/ Observance of laws before the exploitation: Approval of exploitation design, exploitation permit, preparation of exploitation site (clearance of bushes, building or repair of roads, timber storing yards and warehouses, placement of exploitation area markers).

b/ Observance of laws during and after the exploitation: places of exploitation; observance of technical processes; quantities, volumes and categories of forest products from primary or secondary exploitation or forest cleaning; handover of forests or forest protection after exploitation.

c/ Dossiers and documents related to forest product exploitation.

2. Inspection methods

a/ Inspection of the entire exploitation site or inspection of randomly selected areas accounting for at least 30% (thirty per cent) of the total forest area permitted for exploitation.

b/ Comparison of exploitation dossiers against forest products actually exploited from the exploitation site.

Article 25. Inspection of exploited forest products

1. For timber exploited and transported out of forests to storing yards, inspection shall be conducted concurrently with forest ranger hammer marking as follows:

a/ Inspection of storage places of exploited timber; quantities, volumes, names of plant species, log cutting and numbering, hammer mark, etc., under regulations of the Ministry of Agriculture and Rural Development.

b/ Inspection of exploitation dossiers under Article 24 of this Circular.

2. For non-timber forest products, inspection quantities, volumes and names of species shall be inspected; inspection and certification shall be made on packing lists of forest products and exploitation dossiers under Article 24 of this Circular.

Section 3

INSPECTION OF FOREST PRODUCTS AT PROCESSING, TRADING OR STORING ESTABLISHMENTS; FOREST ANIMAL RAISING ESTABLISHMENTS

Article 26. Inspection of forest product processing or trading establishments

1. In case of inspection of forest products at forest product processing or trading establishments, written decisions of heads of competent forest protection agencies are required.

When detecting forest products of unlawful origin, forest protection officers on duty may immediately organize an inspection and concurrently report such to their heads.

2. Owners of processing or trading establishments shall comply with inspection requests of forest protection officers on duty; and promptly produce dossiers on the management of these processing or trading establishments and origin of forest products under this Circular.

3. Inspection contents:

a/ Dossier on the management of the processing or trading establishment: business registration certificate granted by a competent state agency, indicating the operation of forest product processing or trading.

b/ Forest product dossier.

c/ Forest products currently available at the processing or trading establishment.

d/ Forest ranger hammer marks on timber subject to forest ranger marking under the Ministry of Agriculture and Rural Development’s regulations.

e/ Preservation of forest product dossiers.

4. In the first quarter every year, forest protection sub-departments shall review and classify forest product processing or trading establishments in their localities, notify review and classification results to these establishments and publicly post up these results at their offices and concurrently report to the Forest Protection Department on the observance of law by these establishments which are divided into two groups:

a/ Forest product processing or trading establishments that have properly observed the State’s regulations.

b/ Forest product processing or trading establishments that have violated the State’s regulations on forest product dossiers or improperly observed the State’s regulations.

Article 27. Inspection of forest product storage

1. In case of inspection of forest product storage places which are not specified in Article 26 of this Circular, including stations, ports and forwarding warehouses, written decisions of heads of forest protection agencies are required.

Upon detecting forest products of unlawful origin, forest protection officers on duty may immediately organize an inspection and concurrently report such to their heads.

2. Storage place owners and forest product owners shall comply with requests of forest protection officers and promptly produce dossiers of stored forest products under this Circular.

3. Inspection contents:

a/ Dossier of stored forest products.

b/ Forest products currently available at the place of storage;

c/ Forest ranger hammer marks on timber subject to forest ranger marking under the Ministry of Agriculture and Rural Development’s regulations.

Article 28. Inspection of forest animal-raising establishments

1. When inspecting forest animal-raising establishments, forest protection officers shall produce written decisions of heads of competent forest protection agencies.

Upon detecting forest products of unlawful origin, forest protection officers on duty may immediately organize an inspection and concurrently report such to their heads.

2. Inspection contents:

a/ Observance of the law on animal raising: animal raising registration certificate, cage and stable conditions, origin of animals, environmental sanitation.

b/ Forest animal receipt and delivery dossier.

c/ Forest animals currently raised.

Section 4

INSPECTION OF FOREST PRODUCTS IN CIRCULATION

Article 29. Inspection of forest products in transportation

1. Forest protection officers may stop road vehicles or waterway craft for inspection of forest products when having grounds to believe these vehicles or craft are transporting unlawful forest products. Persons who stop the vehicles or craft shall take responsibility before law for their decisions.

An order to stop a vehicle or craft may use one or a combination of forest ranger whistle, flag and torch.

Barriers are not allowed to be put up on roads to stop vehicles for inspection of forest products. In special cases, there must be decisions of chairpersons of provincial-level People’s Committees who shall take responsibility for directing and organizing the putting up of barriers.

2. Drivers of forest product-transporting vehicles shall obey stop orders of forest protection officers; and immediately produce dossiers (original) of forest products on their vehicles under this Circular and dossiers of their vehicles under the State’s current regulations.

3. Inspection contents

a/ Forest product dossier.

b/ Forest products on the vehicle.

c/ Forest protection hammer marks on timber subject to forest ranger marking under the Ministry of Agriculture and Rural Development’s regulations.

After the inspection, the inspector in charge shall write the name of the inspecting agency; date and place of inspection; quantity and volume of forest products on the vehicle; sign and write his/her full name on the back side of the sale invoice and packing list of forest products.

Article 30. Inspection of imported, exported or transited forest products at border gates

When necessary to verify the origin of imported, exported or transited forest products, forest protection sub-departments shall coordinate with border-gate customs offices in inspecting and verifying the origin of forest products under this Circular and current relevant laws.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 31. Effect

1. This Circular takes effect 45 days after its signing.

2. This Circular replaces the Ministry of Agriculture and Rural Development’s Decision No. 59/2005/QD-BNN of October 10, 2005, promulgating the Regulation on inspection and control of forest products.

Article 32. Reporting regime

1. On the last day of every quarter, forest product exploiting, processing or trading establishments shall send reports, made according to Form No. 05 attached to this Circular (not printed herein), on the situation of forest product receipt or delivery to local forest protection agencies.

2. For agencies competent to certify forest products

a/ In the first week of every month, commune-level People’s Committees shall send reports, made according to Form No. 06 attached to this Circular (not printed herein), on the preceding month’s certification of forest products to local forest protection agencies, if they certify forest products under this Circular in that month.

b/ In the second week of every quarter, local forest protection agencies shall send reports, made according to Form No. 06 attached to this Circular, the receipt and delivery of forest products in their localities in the preceding quarter to provincial-level forest protection sub-departments.

c/ Provincial-level forest protection sub-departments shall provide information and report on the management of forest products and inspection of their origin in their localities under this Circular to the Forest Protection Department at the latter’s request.

Article 33. Handling of violations

Violators of this Circular shall, depending on the nature and severity of their violations, be disciplined or administratively sanctioned or examined for penal liability under law.-

Minister of Agriculture and Rural Development
CAO DUC PHAT