THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 27/2018/TT-BNNPTNT | | Hanoi, November 16, 2018 |
CIRCULAR
Prescribing the management and traceability of forest products[1]
Pursuant to the Government’s Decree No. 15/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the November 15, 2017 Law on Forestry;
At the proposal of the Director General of the Vietnam Administration of Forestry;
The Minister of Agriculture and Rural Development promulgates the Circular prescribing the management and traceability of forest products.
Chapter I
GENERAL PROVISIONS
Article 1.Scope of regulation
This Circular prescribes:
1. The order and procedures for harvest of ordinary forest plants and animals.
2. Forest product legality dossiers and inspection of traceability of forest products.
3. The marking of specimens of species on the List of endangered, precious and rare forest plants and animals; species of wild forest plants and animals in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); and complete timber products put for trading (below collectively referred to as specimens).
Article 2.Subjects of application
This Circular applies to domestic and foreign organizations and domestic business households (below collectively referred to as organizations); and households, residential communities and domestic and foreign individuals (below collectively referred to as individuals) engaged in activities related to the contents specified in Article 1 of this Circular.
Article 3.Interpretation of terms
1. Local forest protection agencies are district-level forest protection divisions or provincial-level Forest Protection Departments in localities without district-level forest protection divisions.
2. Log means timber in its initial shape after being harvested, or heartwood with a small-end diameter of between 10 cm and under 20 cm and a length of at least one meter, or with a small-end diameter of at least 20 cm and a length of at least 30 cm. For timber of planted forests, cajuput forests or mangrove forests, it has a small-end diameter of at least 6 cm and a length of at least one meter. For timber on the List of endangered, precious and rare forest plants and animals and in the CITES Appendices, it can be of any dimensions.
3. Lumber means timber already sawn or shaped into cubes, slats or planks.
4. Non-timber forest plants include firewood, bamboo, rattan, herbaceous forest plants and their parts and derivatives.
5. Ordinary forest plants are those outside the List of endangered, precious and rare forest plants and animals and outside the CITES Appendices.
6. Harvest of ordinary forest animals from the nature means taking individual ordinary forest animals and their eggs or larvae out of their natural habitat.
7. Utilization logging means logging of timber trees, non-timber forest plants, and derivatives of forest plants in the course of implementing silvicultural measures or conducting scientific research; or harvest of forest products on forest areas which are converted for use for other purposes.
8. Salvage logging means salvage of timber and non-timber forest plants from timber trees and forest plants which are fallen or die naturally or die due to natural disasters and still lie in forests.
9. Unprocessed forest products means forest products which have not been affected by any tools or devices and remain in their initial shape and dimensions after being harvested, imported or confiscated.
10. Processed forest products means forest products already affected by tools or devices, thus no longer retaining their initial shape or dimensions, including veneers, peeled planks, woodchips, mined coal, and charcoal, and their products.
11. Internal transportation means transportation of products between dependent cost-accounting units of independent cost-accounting enterprises having legal person status, or transportation of products from independent cost-accounting enterprises having legal person status to their dependent cost-accounting units and vice versa.
12. Forest product owner means an organization or individual that has the right to own forest products or represent the forest product owner to manage or transport forest products.
13. Complete timber product means a product processed from timber which is completely assembled according to the product’s use functions, or the detached details of which may, once assembled, be used immediately according to the product’s use functions.
Article 4.Determination of quantity and volume of forest products
1. Methods of measuring and marking logs’ sections and timber cubes:
a/ Log length: To measure the shortest distance between the cross-sections at two ends of a log’s section. If the cross-section of one end of the log’s section is lean or concave, the position making the log’s section shortest shall be used to measure. The log length is measured in meter (m), with two numbers after the decimal point taken;
b/ Log diameter: To take measurements at two ends of a log’s section (except the peel); to take measurements at two positions of every end of the log’s section which are of the largest and smallest diameter, then average these two numbers to determine the diameter of the log; the log diameter is measured in centimeter (cm);
c/ Lumber length: To measure the shortest distance between the cross-sections at two ends of every timber slat, plank and cube. The lumber length is measured in meter (m), with two numbers after the decimal point taken;
d/ Lumber width and thickness: To measure the distance between the two opposite vertical sections of every timber slat, plank and cube. The lumber width and thickness are measured in centimeter (cm). In case the sections are diagonal or waved, to take measurements at the positions with the largest and smallest dimensions and average them to take the final number;
dd/ For hollow or rotten timber, the volume of deformed parts may be subtracted upon measuring, and the subtracted volume shall be stated in the packing list of forest products as the basis for re-measuring the volume of timber;
e/ For root timber or lumber with complicated and dissimilar shapes; tree timber, including roots, trunks, branches and leaves; sliced timber, husked timber and woodchips the dimensions of which cannot be measured to determine their volume; and timber of planted forests not classified by diameter, they shall be weighed in kilogram (kg) and every 1,000 kg is equivalent to 1m3of log or in ster with 1 ster equivalent to 0.7m3of log;
g/ For logs of the dimensions specified in Clause 2, Article 3 of this Circular or of larger dimensions, and lumber of a length of at least one meter, a width of at least 20cm and a thickness of at least 5cm, marks shall be affixed on every section, slat, plank and cube at their cross-sections.
2. The timber volume is weighed in cubic meter (m3), with three numbers after the decimal point taken. The firewood volume is weighed in ster or kilogram (kg).
3. Allowable errors in calculating timber volume:
a/ For logs, the allowable error for every log’s section per time of measuring is 10 percent (± 10%);
b/ For lumber, the allowable error for every slat, plank or cube per time of measuring is 5 percent (± 5%).
4. The quantity and volume of forest animals shall be determined by the number of individual animals and weight in kg. If it is impossible to determine the number of individual animals, the weight in kg shall be used.
5. The volume of non-timber forest plants and parts of forest animals shall be weighed in kg. For bamboos, their volume shall be determined by the number of bamboo trees or their weight in kg.
6. The volume of derivatives of forest animals and plants shall be weighed in kg or measured in millimeter (ml) if such derivatives are liquid.
Article 5.Packing lists of forest products
1. Packing lists of forest products:
a/ Packing lists of forest products shall be made by forest product owners after harvesting the products; when purchasing or selling, transporting and exporting forest products at a time and on the same vehicle; and when making dossiers of application for forest product export permits under regulations, or by competent persons when making dossiers for handling violations;
b/ Forest product owners shall take responsibility before law for their declarations and the origin of forest products declared in the packing lists of forest products;
c/ Packing lists of forest products shall be made according to Forms No. 01, No. 02, No. 03 and No. 04 in the Appendix to this Circular.
2. Making packing lists of forest products:
a/ Forest product owners shall fill in all items on forest products in their packing lists according to Form No. 01, No. 02, No. 03 or No. 04 in the Appendix to this Circular;
b/ For timber failing to satisfy the dimension requirements specified at Point g, Clause 1, Article 4 of this Circular, forest product owners shall write the aggregate quantity and volume or weight of forest products in the packing lists;
c/ When making packing lists of logs and lumber specified at Point g, Clause 1, Article 4 of this Circular, forest product owners shall write the signs of timber in the lists;
d/ For non-timber forest plants or forest animals, forest product owners shall write the specific or aggregate quantity and volume or weight of each type of forest products in the packing lists;
dd/ At the bottom of every page of a packing list, the forest product owner shall write the total quantity and volume or weight or capacity of each type of forest products listed in such page, and sign. On the final page of the list, the forest product owner shall write the total quantity and volume or weight or capacity of each type of forest products stated in the whole list.
Article 6.Objects requiring certification in packing lists of forest products
1. Timber harvested from domestic natural forests and unprocessed.
2. Non-timber forest plants on the List of endangered, precious and rare forest plants and animals and in the CITES Appendices which are harvested from domestic natural forests and unprocessed.
3. Forest animals and their parts or derivatives harvested from the nature or raised domestically; forest animals or products of forest animals imported which are on the List of endangered, precious and rare forest plants and animals.
4. If the forest products referred to in Clauses 1, 2 and 3 of this Article are transported within a province, certification of packing lists of forest products by local forest protection bodies is not required.
Article 7.Certification of packing lists of forest products
1. Local forest protection bodies have the competence to certify packing lists of forest products.
2. A dossier of request for certification of a packing list of forest products must comprise:
a/ The original packing list, made according to Form No. 01, No. 02, No. 03 or No. 04 in the Appendix to this Circular;
b/ Papers proving the origin of forest products;
c/ Invoices (if any) according to regulations of the Ministry of Finance.
3. Submission of dossiers: Dossiers may be submitted directly or via post or using public postal services.
4. Order of implementation:
a/ An organization or individual shall submit one dossier set prescribed in Clause 2 of this Article to the local forest protection body. If the dossier is invalid, within one working day after receiving it, the competent agency shall provide direct or written instructions for the organization or individual to complete the dossier;
b/ Within 3 working days after receiving a valid dossier, the local forest protection agency shall certify the packing list of forest products or issue a written notice in case it refuses to certify, stating the reason;
c/ If verification of the origin of forest products is required, within one working day after receiving a dossier, the local forest protection body shall notify such to the forest product owner.
Within one working day after issuing a notice, the local forest protection body shall verify and inspect the origin of forest products; for a complicated case, it may prolong the verification and inspection for no more than 5 working days.
Upon completing the verification and inspection of the origin of forest products, the local forest protection body shall make an inspection record according to Form No. 05 in the Appendix to this Circular.
Within one working day after completing the verification, the local forest protection body shall certify the packing list of forest products and notify the result to the organization or individual or issue a written notice in case it refuses to certify, stating the reason.
5. The local forest protection body shall take responsibility before law for its certification of the origin of forest products; make a book for monitoring the certification of packing lists of forest products on an annual basis according to Form No. 06 in the Appendix to this Circular; and store copies of the certified packing lists of forest products and copies of papers proving the origin of forest products in accordance with law.
Chapter II
ORDER AND PROCEDURES FOR HARVESTING ORDINARY FOREST PLANTS AND ANIMALS
Article 8.Utilization logging of timber of ordinary plant species from natural forests
1. A dossier for timber logging must comprise:
a/ A copy of the decision on the use of forests for another purpose, or a copy of the text of the approved silvicultural project or scientific research program or project;
b/ The original of the report on the location, area and volume of forest products to be harvested, made according to Form No. 07 in the Appendix to this Circular.
2. Order of implementation: Before logging timber, the forest owner or harvester (other than the forest owner) shall send directly or by post one dossier prescribed in Clause 1 of this Article to the provincial-level Forest Protection Department of the locality where timber is logged, for forest owners being organizations, or to the local forest protection body, for forest owners being individuals, for summarization and inspection of the logging.
3. After the logging, forest product owners shall make packing lists of forest products and submit them to local forest protection bodies for certification.
Article 9.Salvage logging of timber of ordinary forest plant species from natural forests
1. A dossier for timber logging must comprise the original of the plan on salvage logging, made according to Form No. 08 in the Appendix to this Circular.
2. Order of implementation: Before logging timber, the forest owner shall send directly or by post one dossier prescribed in Clause 1 of this Article to the provincial-level Forest Protection Department of the locality where timber is logged, for forest owners being organizations, or to the local forest protection body, for forest owners being individuals, for summarization and inspection of the logging.
3. After the logging, forest product owners shall make packing lists of forest products and submit them to local forest protection bodies for certification.
Article 10.Harvest of non-timber forest plants and derivatives of ordinary forest plants from natural forests
1. A dossier for forest product harvest must contain the original of the report on location, area and volume of forest products to be harvested, made according to Form No. 07 in the Appendix to this Circular.
2. Order of implementation: Before logging timber, the forest owner shall send directly or by post one dossier prescribed in Clause 1 of this Article to the local forest protection body for summarization, supervision and inspection of the harvest.
3. After the harvest, forest product owners shall make packing lists of forest products.
Article 11.Harvest of ordinary forest animals and their parts and derivatives from natural forests
1. A dossier for harvest must contain a plan on harvest of ordinary forest animals from natural forests, made according to Form No. 09 in the Appendix to this Circular.
2. Submission of dossiers: Organizations and individuals shall submit dossiers directly or via post or using public postal services.
3. Order of implementation:
a/ Before the harvest, the forest owner or harvester (other than the forest owner) shall send directly or by post one dossier set prescribed in Clause 1 of this Article to the provincial-level Forest Protection Department of the locality where forest animals are harvested. If the dossier is invalid, within one working day after receiving it, the provincial-level Forest Protection Department shall provide direct or written instructions to the forest owner or harvester for completing the dossier;
b/ Within 3 working days after receiving a valid dossier, the provincial-level Forest Protection Department shall appraise the dossier.
An appraisal council shall be composed of representatives of the provincial-level Forest Protection Department of the locality where forest animals are harvested, provincial-level Department of Natural Resources and Environment, and the district-level People’s Committee of the locality where forest animals are harvested. When necessary, the provincial-level Forest Protection Department may invite other organizations and individuals to the council. The head of the provincial-level Forest Protection Department shall act as the council’s chairperson;
c/ Within 3 working days, the appraisal council shall assess the harvest plan and make an appraisal record according to Form No. 10 in the Appendix to this Circular;
d/ Within one working day after receiving the appraisal record, the provincial-level Forest Protection Department of the locality where forest animals are harvested shall approve the harvest plan when it is voted for by at least two-thirds of the appraisal council’s members, then send the result to the forest owner or harvester, or issue a written notice if it refuses to approve the plan, stating the reason.
4. After the harvest, forest product owners shall make packing lists of forest products and submit them to local forest protection bodies for certification.
Article 12.Harvest of timber of planted forests with the State being the owner’s representative
1. A dossier for harvest must contain a harvest plan made according to Form No. 08 in the Appendix to this Circular.
2. Order of implementation: Before the harvest, the forest owner or harvester (other than the forest owner) shall send directly or by post one dossier set prescribed in Clause 1 of this Article to an agency competent to approve funds for afforestation and to the local forest protection body for summarization and inspection of the harvest.
3. After the harvest, forest product owners shall make packing lists of forest products.
Article 13.Utilization logging of timber of planted forests with the State being the owner’s representative
1. A dossier for timber logging must comprise:
a/ A copy of the decision on the use of forests for another purpose, or a copy of the document of the approved silvicultural project or scientific research program or project;
b/ A report on the location, area and volume of forest products to be harvested, made according to Form No. 07 in the Appendix to this Circular.
2. Order of implementation: Before logging timber, the forest owner or harvester (other than the forest owner) shall send directly or by post one dossier prescribed in Clause 1 of this Article to an agency competent to approve funds for afforestation and to the local forest protection body for summarization and inspection of the logging.
3. After the logging, forest product owners shall make packing lists of forest products.
Article 14.Salvage logging of timber of planted forests with the State being the owner’s representative
1. A dossier for timber logging must contain a report on the location, area and volume of forest products to be logged, made according to Form No. 07 in the Appendix to this Circular.
2. Order of implementation: Before logging timber, the forest owner shall send directly or by post one dossier set prescribed in Clause 1 of this Article to an agency competent to approve funds for afforestation and to the local forest protection body for summarization and inspection of the logging.
3. After the logging, forest product owners shall make packing lists of forest products.
Article 15.Harvest of planted forests under ownership of organizations or individuals
1. Objects to be harvested: timber of planted forests, timber of gardens, and scattered trees under ownership of organizations or individuals, including timber of trees planted under the State’s support policies and projects; non-timber forest plants and derivatives of forest plants.
2. Order of implementation: Forest owners may decide by themselves on the harvest. After the harvest, forest product owners shall make packing lists of forest products.
Chapter III
FOREST PRODUCT LEGALITY DOSSIERS
Section 1
DOSSIERS ON ORIGIN OF FOREST PRODUCTS
Article 16.Dossiers of domestically harvested forest products
1. A dossier of forest products harvested from natural forests must comprise:
a/ For timber which is utilization-logged from natural forests:
The original of the packing list of forest products, certified by the local forest protection body.
A copy of the decision on the use of forests for another purpose, or a copy of the document of the approved silvicultural project or scientific research program or project.
The original of the report on the location, area and volume of forest products to be harvested, made according to Form No. 07 in the Appendix to this Circular;
b/ For timber which is salvage-logged from natural forests:
For timber of ordinary plant species: the original of the packing list of forest products, certified by the local forest protection body, and the document prescribed in Clause 1, Article 9 of this Circular.
For timber on the List of endangered, precious and rare forest plants and animals and in the CITES Appendices: the original of the packing list of forest products, certified by the local forest protection body, and a copy of the plan on timber logging under the Government’s regulations on management of endangered, precious and rare forest plants and animals and implementation of the CITES;
c/ For non-timber forest plants and derivatives of forest plants harvested from natural forests:
For ordinary forest plants: the original of the packing list of forest products, made by the forest product owner, and the document prescribed in Clause 1, Article 10 of this Circular.
For non-timber forest plants and derivatives of forest plants on the List of endangered, precious and rare forest plants and animals and in the CITES Appendices: the original of the packing list of forest products, certified by the local forest protection body, and a copy of the harvest plan under the Government’s regulations on management of endangered, precious and rare forest plants and animals and implementation of the CITES;
d/ For forest animals and their parts and derivatives harvested from natural forests:
For ordinary forest animals and their parts and derivatives: the original of the packing list of forest products, certified by the local forest protection body, and a copy of the approved harvest plan as prescribed in Article 11 of this Circular.
For forest animals and their parts and derivatives on the List of endangered, precious and rare forest plants and animals and in the CITES Appendices: the original of the packing list of forest products, certified by the local forest protection body, and a copy of the harvest plan under the Government’s regulations on management of endangered, precious and rare forest plants and animals and implementation of the CITES.
2. A dossier of forest products harvested from planted forests must comprise:
a/ For timber chiefly harvested from planted forests with the State being the owner’s representative: the original of the packing list of forest products, made by the forest product owner, and the document specified in Clause 1, Article 12 of this Circular;
b/ For timber which is utilization-logged from planted forests with the State being the owner’s representative: the original of the packing list of forest products, made by the forest product owner, and the documents specified in Clause 1, Article 13 of this Circular;
c/ For timber which is salvage-logged from planted forests with the State being the owner’s representative: the original of the packing list of forest products, made by the forest product owner, and the document specified in Clause 1, Article 14 of this Circular;
d/ For timber harvested from planted forests under ownership of organizations or individuals: the original of the packing list of forest products, made by the forest product owner.
Article 17.Dossier of imported forest products
1. A customs declaration under current regulations.
2. The original of the packing list of forest products, made by the forest product owner or foreign exporter.
3. A copy of the import permit under the CITES, granted by the CITES Management Authority of Vietnam, for forest products in the CITES Appendices.
4. Papers proving the origin of forest products as required by the exporting country.
Article 18.Dossier of confiscated forest products
1. The original of the contract on purchase and sale of assets put for auction.
2. Invoices under regulations of the Ministry of Finance.
3. The original of the packing list of forest products, made by the seller.
Section 2
DOSSIERS OF FOREST PRODUCTS PURCHASED AND SOLD OR TRANSPORTED DOMESTICALLY
Article 19.Dossier for timber or non-timber forest plants and derivatives of forest plants harvested from domestic natural forests and unprocessed
1. The original of the packing list of forest products, made by the forest product owner. For the forest products specified in Clauses 1 and 2, Article 6 of this Circular, such list shall be certified by the local forest protection body.
2. A copy of the dossier of the origin of forest products, made by the seller.
Article 20.Dossier for timber, non-timber forest plants and derivatives of forest plants harvested from planted forests and unprocessed
1. The original of the packing list of forest products, made by the forest product owner.
2. A copy of the dossier of the origin of forest products, made by the seller.
Article 21.Dossier for timber or non-timber forest plants imported and unprocessed
1. The original of the packing list of forest products, made by the forest product owner.
2. A copy of the dossier of the origin of forest products, made by the seller.
3. For imported forest products transported from the border gate of import to the importer’s warehouse, their dossier must comply with Article 17 of this Circular.
Article 22.Dossier for forest products confiscated and unprocessed
1. The original of the packing list of forest products, made by the forest product owner.
2. A copy of the dossier of the origin of forest products, made by the seller.
3. For forest products purchased directly from the auction council, then transported to the purchaser’s warehouse, their dossier must comply with Article 18 of this Circular.
Article 23.Dossier for timber, non-timber forest plants and derivatives of forest plants harvested from natural forests or planted forests or imported and processed after being confiscated
1. The original of the packing list of forest products, made by the forest product owner.
2. A copy of the dossier of the origin of forest products, made by the seller.
Article 24.Dossier for forest animals, or parts, derivatives and products of forest animals originated from the nature which are imported or raised
1. The original of the packing list of forest products, made by the forest product owner. For the forest products specified in Clause 3, Article 6 of this Circular, such list shall be certified by the local forest protection body.
2. A copy of the dossier of the origin of forest products, made by the seller.
Article 25.Dossier for internally transported forest products
1. The original of the goods delivery-cum-internal transport slip.
2. The original of the packing list of forest products, made by the forest product owner. In case of internal transport of forest products specified in Clauses 1, 2 and 3, Article 6 of this Circular outside a province, such list shall be certified by the local forest protection body.
3. A copy of the dossier of the origin of forest products.
Section 3
DOSSIERS OF FOREST PRODUCTS UPON EXPORT OR IN TRANSIT
Article 26.Dossier for logs, lumber and timber products upon export
1. The original of the packing list of forest products, made by the forest product owner. For the forest products specified in Clause 1, Article 6 of this Circular, such list shall be certified by the local forest protection body.
2. A permit (if any) as required by the treaty between the Socialist Republic of Vietnam and the importing country.
3. A copy of the export permit under the CITES, granted by the CITES Management Authority of Vietnam, for forest products in the CITES Appendices and forest products on the List of endangered, precious and rare forest plants and animals.
Article 27.Dossier for forest animals, or parts, derivatives and products of forest animals upon export
1. The original of the packing list of forest products, certified by the local forest protection body.
2. A copy of the export permit under the CITES, granted by the CITES Management Authority of Vietnam, for forest products in the CITES Appendices and forest products on the List of endangered, precious and rare forest plants and animals.
Article 28.Dossier for non-timber forest plants and their derivatives and products upon export
1. The original of the packing list of forest products, made by the forest product owner. For the forest products specified in Clause 2, Article 6 of this Circular, such list shall be certified by the local forest protection body.
2. A copy of the export permit under the CITES, granted by the CITES Management Authority of Vietnam, for forest products in the CITES Appendices and forest products on the List of endangered, precious and rare forest plants and animals.
Article 29.Dossier for forest products in transit
1. Papers of goods in transit under current regulations.
2. In case forest products in transit are loaded and unloaded or transshipped in the territory of Vietnam, the forest product owner shall make a packing list of forest products for each vehicle.
Section 4
DOSSIERS OF FOREST PRODUCTS AT ESTABLISHMENTS PROCESSING, PURCHASING AND SELLING OR STORING FOREST PRODUCTS; OR ESTABLISHMENTS RAISING OR PROCESSING OF SPECIMENS OF FOREST ANIMAL SPECIES
Article 30.Book for monitoring import and export of forest products
1. A book for import and export of forest products applicable to organizations shall be made according to Form No. 11 in the Appendix to this Circular.
2. Organizations shall make a paper book or an e-book for monitoring the import and export of forest products; and fill in all the items in the book right after each import or export.
Article 31.Dossiers for forest products at establishments processing or purchasing and selling timber or non-timber forest plants; or establishments raising or processing specimens of forest animal species
1. For establishments processing or purchasing and selling timber or non-timber forest plants:
a/ A book for monitoring import and export of forest products;
b/ A packing list of forest products and forest product legality dossiers as prescribed in this Circular;
c/ The owners of the establishments shall manage and store the originals of the papers specified at Points a and b of this Clause for 5 years from the date of export of forest products.
2. For establishments raising or processing specimens of forest animal species:
a/ A book for monitoring the raising or processing of endangered, precious and rare forest animals and endangered wild animals in the CITES Appendices; or the raising of ordinary forest animals under the Government’s regulations on management of endangered, precious and rare forest plants and animals and implementation of the CITES;
b/ The packing list of forest products and other papers relating to forest product legality dossiers of forest animals available at the establishments under regulations;
c/ The owners of the establishments shall manage and store the originals of the papers specified at Points a and b of this Clause for 5 years from the date of export of forest products.
Article 32.Dossiers of forest products at storage places
Forest product owners shall store dossiers of forest products at each stage of the forest product supply chain, including dossiers of forest products during harvest, transportation, processing, production, purchase and sale, and import, and confiscated forest products in accordance with this Circular.
Chapter IV
MARKING OF SPECIMENS
Article 33.Objects to be marked
Specimens of species on the List of endangered, precious and rare forest plants and animals, species in the CITES Appendices, and complete timber products upon purchase and sale.
Article 34.Marking of specimens
1. Specimens of species in the CITES Appendices subject to marking shall be marked under regulations of the CITES.
2. The marking may be made in stamps, numeric codes or barcodes, QR codes, electronic chips, rings or other materials (below collectively referred to as marking labels) which contain information serving traceability.
3. Owners of specimens shall decide by themselves on the material, dimension and form of marking labels as suitable to the nature and type of specimens and in compliance with the law on goods labeling.
Marking labels shall be directly stuck onto specimens in a way that they can be easily noticed by the naked eye or reading devices.
4. After marking all specimens, within one working day, a forest product owner shall fully write the information on the marking in the paper book or e-book for monitoring the marking of specimens, made according to Form No. 12 in the Appendix to this Circular, and take responsibility for the truthfulness and accuracy of marking labels.
Article 35.Information on marking labels
1. Names of specimens: to clearly state the names of specimens.
2. Name of species: common names and scientific names.
3. Names and addresses of the owners of specimens.
4. Origin of specimens: to clearly state that the specimens are harvested from natural forests or planted forests, raised domestically or imported; addresses of the places of harvest or production of specimens.
5. Quantity of specimens: quantity of specimens expressed in units of measurement or cardinal numbers, depending on the characteristics of each type of specimens.
6. Other information indicating the origin of specimens.
Chapter V
INSPECTION OF TRACEABILITY OF FOREST PRODUCTS
Section 1
OBJECTS, FORMS AND PRINCIPLES OF INSPECTION, AND COMPETENCE TO ISSUE INSPECTION DECISIONS
Article 36.Objects and forms of inspection
1. Objects of inspection: organizations and individuals engaged in harvesting, transporting, processing, producing, purchasing and selling, exporting, importing or storing forest products, raising forest animals, or marking specimens and timber products.
2. Forms of inspection:
a/ Scheduled inspection;
b/ Unscheduled inspection upon detecting signs of violation specified in Clause 1, Article 40 of this Circular or at the request of heads of competent state management agencies.
Article 37.Competence to issue inspection decisions
1. The Director of the Vietnam Forest Protection Department, directors of provincial-level Forest Protection Departments, heads of mobile forest protection and forest fire prevention and fighting teams, and heads of district-level forest protection divisions (below collectively referred to as heads of forest protection bodies) may, within the ambit of their assigned functions and tasks, issue inspection decisions.
2. The competent persons specified in Clause 1 of this Article may assign their deputy heads to issue inspection decisions in accordance with law.
Article 38.Principles of inspection activities
1. Inspection activities of forest protection bodies shall be carried out by inspection teams or inspection delegations (below collectively referred to as inspection teams) as decided by competent persons.
2. In case an on-duty inspection team detects a violationflagrante delicto, it shall immediately apply necessary measures to stop the violation and make a report under regulations.
3. The verification and inspection of the origin of forest products shall be carried out according to the law-prescribed inspection order and procedures and inspection records shall be made. Form No. 05 in the Appendix to this Circular shall be used in case of verification and inspection of the origin of forest products, while Form No. 13 in the Appendix to this Circular shall be used in case of inspection of the harvest of forest products.
Article 39.Scheduled inspection
1. Annual inspection: Before November 30 every year, based on the work program and instructions of the head of the superior state management agency, the head of a forest protection body shall make an inspection plan for the subsequent year and submit it to the immediate superior authority for approval.
2. Specialized inspection: Based on the situation of harvest, transportation, processing, purchase and sale, and management of forest products in localities requiring inspection in order to stop and handle violations, heads of forest protection bodies shall take the initiative in making specialized inspection plans.
Article 40.Unscheduled inspection
1. Bases for unscheduled inspection:
a/ Information in the mass media;
b/ Information from complaints or denunciations, or from organizations and individuals;
c/ Information from requests for handling of violations, made by organizations or individuals;
d/ Information provided by local rangers or rangers assigned to detect violations;
dd/ Written instructions issued by heads of competent state management agencies;
e/ Upon detecting violations of law.
2. Rangers who collect and receive information on violations or signs of violations shall immediately report it to heads of their forest protection bodies for processing.
3. Based on the information specified in Clause 1 of this Article, heads of forest protection bodies shall process it, direct the inspection, and take responsibility for their decisions; and direct the making of books for monitoring information and organize the management of such books under regulations on management of secret materials.
Section 2
ORDER AND CONTENTS OF INSPECTION
Article 41.Order of inspection
1. Announcing the inspection decision to the person to be inspected or his/her related person and witness (if any).
2. Requesting the person to be inspected or his/her related person to comply with the inspection decision of the competent person and work with the inspection team.
3. Organizing inspection strictly according to the inspection decision. For issues arising in the course of inspection which fall beyond its competence, the inspection team shall immediately report them to the head of the superior body for timely settlement.
4. Inspecting the transportation of forest products: The inspection team may stop a running vehicle to inspect forest products only when having one of the bases specified in Clause 1, Article 40 of this Circular. One or more of the following may be used to stop a vehicle: hooter, ranger pennants, and flashlight.
5. Inspecting forest products imported, exported or transited at border gate: When necessary to verify the origin of imported, exported or transited forest products, provincial-level Forest Protection Departments shall coordinate with border-gate customs offices in organizing the inspection and verification of the origin of forest products in accordance with this Circular.
6. Owners of establishments processing or purchasing and selling forest products, owners of establishments raising forest animals, forest product owners or operators of vehicles transporting forest products shall observe inspection requests of inspection teams, and immediately produce dossiers on management of the establishments and dossiers on the origin of forest products in accordance with this Circular.
Article 42.Contents of inspection
1. For harvest of forest products:
a/ Inspecting the observance of law before the harvest; observance of law during and after the harvest; and dossiers and papers related to the harvest;
b/ For harvested timber which are transported for export or transported to storing yards: inspecting the quantity, volume, species and sign numbers of timber and packing-lists of forest products; and dossiers for forest product harvest as prescribed in Section 1, Chapter III of this Circular;
c/ For non-timber forest products: inspecting the quantity, volume, names of species, and packing lists of forest products; and dossiers for forest product harvest as prescribed in Section 1, Chapter III of this Circular.
2. For transportation of forest products:
a/ Forest product dossiers as prescribed in Sections 2 and 3, Chapter III of this Circular;
b/ Forest products available on vehicles.
3. For establishments processing or purchasing and selling timber and non-timber forest plants:
a/ Forest product dossiers as prescribed in Clause 1, Article 31 of this Circular;
b/ Forest products available at the establishments;
c/ Storage of forest product dossiers.
4. For imported, exported and transited forest products:
a/ Forest product dossiers as prescribed in Article 17 and Section 3, Chapter III of this Circular;
b/ Forest products available at border gates.
5. For establishments raising, or processing specimens of, forest animal species:
a/ Dossiers for raised forest animals as prescribed in Clause 2, Article 31 of this Circular;
b/ Forest animals currently raised.
6. For forest product storage places:
a/ Dossiers of forest products at storage places as prescribed in Article 32 of this Circular;
b/ Forest products available at storage places.
Chapter VI
ORGANIZATION OF IMPLEMENTATION
Article 43.Implementation responsibility
1. The Vietnam Administration of Forestry shall guide and inspect the implementation of this Circular nationwide.
2. Provincial-level Departments of Agriculture and Rural Development shall organize and guide the implementation of this Circular in provinces.
Article 44.Transitional provision
Organizations and individuals that are granted permits for harvest, utilization logging or salvage logging of timber and non-timber forest products before the effective date of this Circular shall comply with such permits until their expiry dates.
Article 45.Effect
1. This Circular takes effect on January 1, 2019.
2. The following documents cease to be effective on the date this Circular takes effect:
a/ The Minister of Agriculture and Rural Development’s Decision No. 44/2006/QD-BNN of June 1, 2006, promulgating the Regulation on management of stamping of tree-marker hammers or ranger’s hammers;
b/ The Minister of Agriculture and Rural Development’s Decision No. 107/2007/QD-BNN of December 31, 2007, amending and supplementing the Regulation on management of tree-marker hammers or ranger’s hammers promulgated together with the Minister of Agriculture and Rural Development’s Decision No. 44/2006/QD-BNN of June 1, 2006;
c/ The Ministry of Agriculture and Rural Development’s Circular No. 87/2009/TT-BNNPTNT of December 31, 2009, guiding designs for harvest and selection of natural forest timber;
d/ The Ministry of Agriculture and Rural Development’s Circular No. 70/2011/TT-BNNPTNT of October 24, 2011, amending and supplementing a number of provisions of the Ministry of Agriculture and Rural Development’s Circular No. 35/2011/TT-BNNPTNT of May 20, 2011, guiding the harvest or salvage logging of timber and non-timber forest products; and Circular No. 87/2009/TT-BNNPTNT of December 31, 2009, guiding designs for harvest and selection of natural forest timber;
dd/ The Ministry of Agriculture and Rural Development’s Circular No. 01/2012/TT-BNNPTNT ofJanuary 4, 2012, on forest product legality dossiers and checking of the origin of forest products;
e/ The Ministry of Agriculture and Rural Development’s Circular No. 40/2015/TT-BNNPTNT of October 21, 2015, amending and supplementing the Ministry of Agriculture and Rural Development’s Circular No. 01/2012/TT-BNNPTNT ofJanuary 4, 2012, on forest product legality dossiers and checking of the origin of forest products;
g/ The Ministry of Agriculture and Rural Development’s Circular No. 21/2016/TT-BNNPTNT ofJune 28, 2016, on major harvest and utilization logging or salvage logging of forest products;
h/ The Ministry of Agriculture and Rural Development’s Circular No. 17/2017/TT-BNNPTNT ofSeptember 11, 2017, amending and supplementing the Ministry of Agriculture and Rural Development’s Circular No. 21/2016/TT-BNNPTNT ofJune 28, 2016, on major harvest and utilization logging or salvage logging of forest products;
i/ The Ministry of Agriculture and Rural Development’s Circular No. 25/2011/TT-BNNPTNT ofApril 6, 2011, amending, supplementing or annulling a number of provisions on administrative procedures in the field of forest protection and development under Resolution No. 57/NQ-CP of February 15, 2010;
k/ Article 2 of the Ministry of Agriculture and Rural Development’s Circular No. 20/2016/TT-BNNPTNT ofJune 27, 2016, amending and supplementing a number of articles of Circulars No. 38/2007/TT-BNNPTNT, No. 78/2011/TT-BNNPTNT, No. 25/2011/TT-BNNPTNT, No. 47/2012/TT-BNNPTNT, No. 80/2011/TT-BNNPTNT, and No. 99/2006/TT-BNN.
3. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Agriculture and Rural Development for consideration and settlement.-
For the Minister of Agriculture and Rural Development
Deputy Minister
HA CONG TUAN
* The Appendix to this Circular is not translated.
Vietnamese
Circular 27/2018/TT-BNNPTNT DOC (Word)
Circular 27/2018/TT-BNNPTNT PDF (Original)
