Circular 26/2022/TT-BNNPTNT management and traceability of forest products

CIRCULAR

Prescribing the management and traceability of forest products

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Pursuant to the Decree No. 105/2022/ND-CP dated December 22, 2022 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Forestry dated November 15, 2017;

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 stipulates:

1. The order and procedures for harvesting ordinary forest plants and animals.

2. Forest product legality dossiers, management and 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 plants and animals in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as CITES); except aquatic species.

Article 2. Subjects of application

This Circular applies to organizations, individuals, business households, households and residential communities engaged in activities related to the contents specified in Article 1 of this Circular.

Article 3. Interpretation of terms

1. Local forest protection agencies mean district-level forest protection agencies or provincial-level forest protection agencies in localities without district-level forest protection agencies.

2. Log means crude timber, heartwood in its initial shape after being harvested, uncut or cut into pieces and coming in one of the following sizes:

a) Timber with a small-end diameter of between 10 centimeters (cm) and under 20 cm and a length of at least one meter;

b) Timber with a small-end diameter of at least 20 cm and a length of at least 30 cm;

c) Timber of planted forests, melaleuca forests or mangrove forests, it has a small-end diameter of at least 06 cm and a length of at least one meter.

3. Lumber means timber shaped into slats, planks, cubes, cylindrical prism, polygonal prism or other kinds of shapes.

4. Non-timber forest plants include firewood, bamboo, rattan, palmae, myrtaceae, melastoma; herbaceous forest plants; mushrooms, firetimber, trees’ parts and derivatives.

5. Forest product owner means an organization, individual, business household, household or residential community that has the legal ownership of a forest product as prescribed by law.

6. Forest owner means an organization, individual, household or residential community allocated or lent forests or lands to plant forests by the State; self-recovering and developing forests; acquiring, donating, inheriting forests according to the law.

7. Harvest of ordinary forest animals from the nature means taking individual ordinary forest animals and their eggs or larvae out of their natural habitat.

8. Complete timber product means a product processed from timber which is fully 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.

9. Ordinary forest plants are those outside the List of endangered, precious and rare forest plants and animals and outside the CITES Appendices.

Article 4. Determination of quantity and weight of forest products

1. Method of measuring and calculating the weight of log:

a) Length: 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 between both ends of a log’s section shall be used to measure. It is measured in meter (m), with integer and two numbers after the decimal point taken.

b) Diameter: Take measurements at two ends of a log’s section (except the peel); 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’s section; the average diameter of the log’s section is calculated as the average value of the diameters of the two ends of the log’s section; it is measured in cm, with integer and one number after the decimal point taken;

c) The weight is determined by the volume of the timber:

V= π/4 x (D_tb)² x l

In which:

V: Volume measured in cubic meters (m³), with integer and three numbers after the decimal point taken

π: Constant pi (π = 3.14)

D_tb: Average diameter of the log’s section (m)

l: Shortest length between two sections (m)

d) The error in calculating the volume of timber in each measurement for each section of log, round cylinder timber is ten percent (±10%).

2. Method of measuring and calculating the weight of lumber shaped into slats, planks, cubes (square or rectangular-shaped longitudinal section, cross-section):

a) Length: Measure the shortest distance between the cross-sections at two ends of every timber slat, plank and cube. It is measured in meter (m), with integer and two numbers after the decimal point taken.

b) Width and thickness: Measure the distance between the two opposite vertical sections of every timber slat, plank, cube. In case the sections are diagonal or waved, take measurements at the positions with the largest and smallest dimensions and average them to take the final number; it is measured in cm, with integer and one number after the decimal point taken;

c) The weight is determined by the volume of the timber:

V= l x a x b

In which:

V: Volume measured in cubic meters (m³), with integer and three numbers after the decimal point taken

l: Shortest length between two sections (m)

a: Width of cube (m)

b: Thickness of cube (m)

d) The error in calculating the volume of timber in each measurement for each lumber slat, plank or cube is five percent (±5%).

3. Method of measuring and calculating the weight of lumber shaped into polygonal prism:

a) Length: Measure the shortest distance between the cross-sections at two ends of the polygonal prism timber. It is measured in meter (m), with integer and two numbers after the decimal point taken.

b) Calculate the cross-sectional area: Is the average value of the cross-sections with the largest and smallest area of the polygonal prism timber. It is measured in square meter (m²), with integer and two numbers after the decimal point taken.

c) The weight is determined by the volume of the timber:

V= l x S

In which:

V: Volume measured in cubic meters (m³), with integer and three numbers after the decimal point taken

l: Shortest length between two cross-sections (m)

S: Cross-sectional area of a polygonal log (m²)

d) The error in calculating the volume of timber in each measurement for each polygonal log is five percent (±5%).

4. Method of measuring and determining the weight of timber trees with roots, trunks, branches and leaves:

a) Height: Measure the length of the whole trunk from the position of the base of the tree close to the ground to the main top of the timber tree. It is measured in meter (m), with integer and two numbers after the decimal point taken;

b) Diameter: Measure the circumference to determine the diameter at a position of 1.3 m from the cross-section of the root; it is measured in cm, with integer and one number after the decimal point taken;

c) The weight is determined by the volume of the timber tree:

C= (C²_1.3/4π) x H_vn x f

In which:

V: The volume of timber is calculated by volume (m³) with integer and three numbers after the decimal point taken

C_1.3: Circumference at a position of 1.3 m of the tree (m)

π: Constant pi (π = 3.14)

H_vn: Whole tree length measured from root to top (m)

f: Figure of trunks (the value of f is 0.5 for planted forest trees; and is 0.45 for natural forest trees).

d) The error in calculating the volume of timber in each measurement for each tree is ten percent (±10%).

5. In case of hollow or rotten timber, the weight of hollow and rotten timber must be recorded in the packing lists of forest products.

6. For timber which is not mentioned in Clauses 2 and 3, Article 3 of this Circular; timber tree with unidentified diameter at position of 1.3 m; root timber, timber with complex and heterogeneous shapes; veneers, peeled planks, woodchips that cannot be measured, it shall be weighed, in kilograms (kg) or in ster; then, the results are converted from kg to m³ of log under the National Standard TCVN 12619-2:2019 on timber physical and mechanical properties; In case timber is not specified in the National Standard TCVN 12619-2:2019, 1000 kg of log shall be converted into 01 m³ of log or 01 ster of log shall be converted into 0.7 m³ of log.

7. For animals, the unit is the number of individual animals; for animal eggs, the unit is the number of eggs; in case the quantity cannot be determined, the unit will be kg.

8. For non-timber forest plants and parts of forest animals, the unit is kg; For forest products belonging to the family of firewood, bamboo, rattan, palmae, myrtaceae, melastoma determined by the number of trees or by weight, the unit is kg.

9. For derivatives of animals and plants, the unit is kg, m³, liters or milliliters (ml).

Article 5. Packing lists of forest products

1. Objects of making packing lists of forest products:

a) Forest product owners or organizations or individuals authorized by forest product owners to make packing lists of forest products after harvest;

b) Forest product owners making packing lists of forest products when selling, transferring ownership, transporting and exporting forest products at the same time and on the same means of transport; when making dossiers of application for forest product export permits;

c) Competent persons making packing lists of forest products when making dossiers on handling of violations of the law related to forest products;

d) Agencies assigned to handle the property after confiscation making packing lists of forest products at auction.

2. Making packing lists of forest products:

a) Organizations and individuals specified in Clause 1 of this Article shall make corresponding packing lists of forest products using Forms 01, 02, 03, 04 and 05 in the Appendix issued with this Circular:

Specify in detail log’s sections, logs, lumbers with dimensions specified at Points a and b, Clause 2, Article 3 of this Circular; lumber cubes with a length of 1m or more, a width of 20cm or more, and a thickness of 5cm or more; lumber shaped into other polygonal prisms.

Specify the aggregate quantity and weight for logs failing to satisfy the dimension requirements specified at Points a and b, Clause 2, Article 3 of this Circular; lumber cubes with a length of less than 1m, a width of less than 20cm, and a thickness of less than 5cm; timber of planted forests.

Specify the specific or aggregate quantity and weight for each non-timber forest product species in accordance with reality.

At the bottom of each page of the packing lists of forest products, specify the total weight of forest products;

b) Organizations and individuals making packing lists of forest products shall take responsibility before law for their declarations and the lawful origin of forest products declared in the packing lists of forest products.

3. Forest products subject to certification of the packing list of forest products include:

a) Timber of ordinary species utilization-logged and salvage-logged from natural forests;

b) Confiscated forest products;

c) Timber and non-timber plants originated from the nature, imported or planted on the List of endangered, precious and rare forest plants and animals or in the CITES Appendices;

d) Forest animals and parts, derivatives and products of forest animals originated from the nature, imported or raised; endangered wild animals listed in CITES Appendices, except aquatic species;

dd) Forest products that do not fall into the cases specified at Points a, b, c, and d of this Clause or industrial timber trees or complete timber products at the request of the forest product owners.

4. For complete timber products or forest products of Group I enterprises according to the Circular No. 21/2021/TT-BNNPTNT dated December 29, 2021 of the Minister of Agriculture and Rural Development on classification of timber processing and exporting enterprises, the certification of packing lists of forest products is not required when trading, transferring or transporting them.

5. For complete products manufactured or processed from crocodiles, species in group IIB according to the List of endangered, precious and rare forest plants and animals, species in Appendices II, III to the CITES which have been marked as specimens with the quantity of less than 5 products, the making of packing lists of forest products is not required when trading, transferring or transporting them.

6. Authorities competent to certify the packing lists of forest products: Local forest protection agencies.

7. A dossier shall include:

a) The original of the written request for certification of the packing list of forest products, made according to the Form No. 06 in the Appendix to this Circular;

b) The original of the packing list of forest products made according to Clause 2 of this Article;

c) A copy of the harvest plan as prescribed in Article 6 or Article 7 of this Circular, in case of request for certification after the logging;

d) A copy of the dossier of imported forest products specified in Article 16 of this Circular in case the owner of the imported forest products sells or transfers ownership;

dd) A copy of the dossier of confiscated forest products specified in Article 17 of this Circular, in case the forest product owner directly purchases these forest products from the agency which is assigned to confiscate such products, then sell or transfer them;

e) A copy of the packing list of forest products previously traded or transferred;

g) A copy of the dossier of the origin of forest products, for certification at the request of the organization or individual specified at Point dd, Clause 3 of this Article;

h) The original of the book for monitoring import and export of forest products, in case the forest product owners are organizations or households doing business in selling forest products, made according to Form No. 07 in the Appendix to this Circular.

8. Order of implementation:

a) The forest product owner or the organization or individual authorized by the forest product owner shall submit in person or by post service or via the electronic environment a dossier corresponding to each forest product species requested for certification in accordance with Clause 7 of this Article to the local forest protection agency. In case the forest product owner generates a quick response code (QR) containing the forest product dossier in the packing list of forest products, it is not required to submit the dossier specified at Points c, d, dd, e and g, Clause 7 of this Article. In case the dossier is submitted via the electronic environment, comply with the Government’s Decree No. 45/2020/ND-CP dated April 8, 2020 on performance of administrative procedures in the electronic environment (hereinafter referred to as Decree No. 45/2020/ND-CP).

b) Time limit to reply to the validity of the dossier:

In case the dossier is submitted in person: The local forest protection agency shall check documents of the dossier and immediately inform the forest product owner or the organization, individual authorized by the forest product owner of their validity.

In case the dossier is submitted via postal service or via electronic environment: Within 01 working day from the date of receipt of the dossier, the local forest protection agency shall consider the validity of documents of the dossier; if the dossier is not valid as prescribed, a written notification specifying reasons for the invalidity shall be provided;

c) Within 02 working days from the date of receipt of valid dossiers, the local forest protection agency shall certify the packing list of forest products; certify the inventory of forest products in the book for monitoring import and export of forest products, for the case specified at Point h, Clause 7 of this Article. If the certification of the forest product origin is required, within 01 working day from the date of receipt of a valid dossier, the local forest protection agency shall notify the forest product owner of the verification; within 03 working days from the date of notification, the local forest protection agency shall perform the verification, prepare a verification record according to Form No. 08 in the Appendix issued together with this Circular and complete the certification of the packing list of forest products; confirm the inventory of forest products in the book for monitoring import and export of forest products; in case there are many complicated contents, the verification and confirmation shall be carried out within 07 days. In case of rejection, the local forest protection authority shall send the applicant a written reply which specifies reasons for rejection;

d) After certifying the packing list of forest products, the local forest protection agency shall return the originals of certified list of forest products and book for monitoring import and export of forest products to the forest product owner or the organization or individual authorized by the forest product owner.

9. The local forest protection agency shall be responsible before the law when certifying the packing list of forest products; make and update the certification in the book for monitoring the certification of packing lists of forest products, using Form No. 09 in the Appendix issued together with this Circular; keep copies of the certified packing list of forest products and the dossier of forest products as prescribed in Clause 7 of this Article.

Chapter II

ORDER AND PROCEDURES FOR HARVESTING ORDINARY FOREST PLANTS AND ANIMALS

Section 1
APPROVAL OF HARVEST PLAN

Article 6. Approval of the plan for harvesting ordinary forest plants

1. Cases subject to approval of the harvest plan:

a) Utilization logging of timber of ordinary forest plant species from natural forests;

b) Salvage logging of timber of ordinary forest plant species from natural forests;

c) Harvest of non-timber forest plants for ordinary forest plant species from natural forests which are classified as special-use forests;

d) Collection of specimens of ordinary forest plants for scientific and technological research from special-use forests;

dd) Harvest of timber from planted forests of ordinary forest plant species whose ownership is represented by the State;

e) Harvest of timber of ordinary forest plant species from planted protection forests invested by organizations, individuals, households and residential communities.

2. Approving agencies:

a) The Ministry of Agriculture and Rural Development shall approve the harvest plans for the cases specified at Points a, b, c, d and dd, Clause 1 of this Article, for the forest area managed by the Ministry of Agriculture and Rural Development;

b) District-level People's Committees shall approve the harvest plans, for the case specified at Point dd, Clause 1 of this Article, invested by individuals, households and residential communities; utilization logging and salvage logging of timber from production forests which are natural forests managed by individuals, households and residential communities;

c) Provincial-level Departments of Agriculture and Rural Development shall approve the harvest plans for cases other than those specified at Points a and b of this Clause.

3. A dossier shall include:

a) The original of the written request for approval of the harvest plan, made according to Form No. 10 in the Appendix to this Circular;

b) The original of the harvest plan, made according to Form No. 11 in the Appendix to this Circular;

c) A copy of the decision on forest conversion approved by the competent agency or a copy of the decision on approval of the silvicultural project or documents proving the implementation of silvicultural measures or scientific research project/program approved by competent agencies for the cases specified at Points a and d, Clause 1 of this Article.

4. Order of implementation:

a) The forest owner or the organization or individual authorized by the forest owner shall submit a dossier specified in Clause 3 of this Article in person or via postal service or via an electronic environment to the approving agency as prescribed in Clause 2 of this Article. In case the dossier is submitted via the electronic environment, it shall comply with Decree No. 45/2020/ND-CP.

b) Time limit to reply to the validity of the dossier:

In case the dossier is submitted in person: The approving agency shall check documents of the dossier and immediately inform the forest owner or the organization, individual authorized by the forest owner of their validity.

In case the dossier is submitted via postal service or via electronic environment: Within 01 working day from the date of receipt of the dossier, the approving agency shall consider the validity of documents of the dossier; if the dossier is not valid as prescribed, a written notification specifying reasons for the invalidity shall be sent.

c) Within 10 days after receiving a valid dossier, the competent agency shall approve the forest product harvest plan and return the results to the forest owner or the organization or individual authorized by the forest owner; in case of disapproval, it shall notify in writing and clearly state the reason.

4. The agency approving the harvest plan shall send a copy of the approved harvest plan to the local forest protection agency at the place of harvest for monitoring, inspection and supervision.

Article 7. Approval of the plan for harvesting ordinary forest animals from the nature

1. Approving agencies: Local forest protection agencies.

2. A dossier shall include:

a) The original of the written request for approval of the plan for harvesting ordinary forest animals from the nature, made according to Form No. 10 in the Appendix to this Circular;

b) The original of the plan for harvesting ordinary forest animals from the nature, made according to Form No. 12 in the Appendix to this Circular.

3. Order of implementation:

a) Organizations, individuals, households and residential communities harvesting ordinary forest animals from the nature shall submit a dossier prescribed in Clause 2 of this Article in person or via postal service or via the electronic environment to the local forest protection agencies. In case of the dossiers are submitted via the electronic environment, it shall comply with Decree No. 45/2020/ND-CP;

b) Time limit to reply to the validity of the dossier:

In case the dossier is submitted in person: The local forest protection agency shall check documents of the dossier and immediately inform the organizations, individuals, households and residential communities of the validity of the dossier.

In case the dossier is submitted via postal service or via electronic environment: Within 01 working day from the date of receipt of the dossier, the local forest protection agency shall consider the validity of documents of the dossier; if the dossier is not valid as prescribed, a written notification specifying reasons for the invalidity shall be sent;

c) Within 10 days after receiving a valid dossier, the local forest protection agency shall approve the harvest plan and return the results to organizations, individuals, households and residential communities; in case of disapproval, it shall notify in writing and clearly state the reason.

Section II
ORDER FOR HARVESTING ORDINARY FOREST PLANTS AND ANIMALS

Article 8. Utilization logging of timber of ordinary forest plant species from natural forests

1. A dossier shall include:

a) Harvest carried out within the site clearance area: A copy of the decision on forest conversion; a copy of the approved plan for utilization logging of timber of ordinary forest plant species from natural forests;

b) Harvest carried out during adjustment of forest composition, forest cultivation and implementation of other silviculture measures: A copy of the decision on approval of the silvicultural project or a copy of documents proving the implementation of silvicultural measures; a copy of the approved plan for utilization logging of timber of ordinary forest plant species from natural forests.

2. Within 05 working days from the date of completion of harvesting, the forest product owner or the organization or individual authorized by the forest product owner shall submit a dossier prescribed in Clause 1 of this Article and the original of the packing list of forest products to the local forest protection agency for certification under Article 5 of this Circular.

Article 9. Salvage logging of timber of ordinary forest plant species from natural forests

1. A dossier shall include: A copy of the approved plan for salvage logging of timber of ordinary forest plant species from natural forests.

2. Within 05 working days from the date of completion of harvesting, the forest product owner or the organization or individual authorized by the forest product owner shall submit a dossier prescribed in Clause 1 of this Article and the original of the packing list of forest products to the local forest protection agency for certification under Article 5 of this Circular.

Article 10. Harvest of non-timber forest plants for ordinary forest plant species from natural forests

1. A dossier shall include:

a) A copy of the approved harvest plan for the case of harvest of non-timber forest plants and derivatives of forest plants, for ordinary forest plant species from natural forests which are classified as special-use forests.

b) A copy of the harvest plan prepared by the organization, household, individual or residential community, using Form No. 11 in the Appendix issued together with this Circular, for the case of harvest of non-timber forest plants and derivatives of forest plants, for ordinary forest plant species from natural forests which are classified as protection forests and production forests.

2. Within 05 working days from the date of completion of harvesting, the forest product owner or the organization or individual authorized by the forest product owner shall submit the dossier as prescribed in Clause 1 of this Article and a copy of the packing list of forest products to the local forest protection agency for monitoring and synthesis.

Article 11. Harvest of ordinary forest plants from planted forests whose ownership is represented by the State; harvest of ordinary forest plants from planted protection forests invested by organizations, individuals, households and residential communities

1. A dossier shall include:

a) A copy of the approved harvest plan for timber harvest or a copy of the logging plan made by the forest owner according to Form No. 11 in the Appendix to this Circular for the case of harvest of non-timber forest plants, parts and derivatives of forest plants;

b) A copy of the decision on forest conversion, in case of utilization logging of the converted area, or a copy of the decision on approval of the silvicultural project or copies of documents evidencing the implementation of silvicultural measures for utilization logging during adjustment of forest composition, forest cultivation and implementation of other silviculture measures.

2. Within 05 working days from the date of completion of harvesting, the forest product owner or the organization or individual authorized by the forest product owner shall submit a dossier prescribed in Clause 1 of this Article and a copy of the packing list of forest products to the local forest protection agency for monitoring and synthesis.

Article 12. Harvest of ordinary forest plants from planted production forests invested by organizations, individuals, households and residential communities; scattered plants, garden plants with the same name as ordinary forest plants from natural forests

1. A dossier shall include: The original of the forest product harvest information sheet made by the forest product owner or by an organization or individual authorized by the forest product owner, using Form No. 13 in the Appendix to this Circular.

2. Within 05 working days from the date of completion of harvesting, the forest product owner or the organization or individual authorized by the forest product owner shall submit a copy of the dossier prescribed in Clause 1 of this Article and a copy of the packing list of forest products to the local forest protection agency for monitoring and synthesis.

Article 13. Collection of specimens of ordinary forest plants for scientific and technological research in special-use forests

1. A dossier shall include:

a) A copy of the scientific research program/project approved by a competent agency;

b) A copy of the specimen collection plan approved by the competent agency.

2. Within 05 working days from the date of completion of harvesting, the forest product owner or the organization or individual authorized by the forest product owner shall submit a dossier prescribed in Clause 1 of this Article and a copy of the packing list of forest products to the local forest protection agency for monitoring and synthesis.

Article 14. Harvest of ordinary forest animals and their parts and derivatives from natural forests

1. A dossier shall include: A copy of the plan on harvest of ordinary forest animals from natural forests approved in accordance with Article 7 of this Circular.

2. Within 05 working days from the date of completion of harvesting, the forest product owner or the organization or individual authorized by the forest product owner shall submit a dossier prescribed in Clause 1 of this Article and the original of the packing list of forest products to the local forest protection agency for certification under Article 5 of this Circular.

Chapter III

FOREST PRODUCT LEGALITY DOSSIERS

Section 1
DOSSIERS ON ORIGIN OF FOREST PRODUCTS

Article 15. Dossier of origin of forest products after harvesting

1. Timber harvested from natural forests: The original of the packing list of forest products, certified by the local forest protection agency.

2. Timber harvested from planted forests whose ownership is represented by the State; planted protection forests invested by organizations, individuals, households and residential communities:

a) The original of the packing list of forest products made by the forest product owner; a copy of the harvest plan approved by the competent agency;

b) The original of the packing list of forest products certified by the local forest protection agency, in case the forest product owner requests for certification according to Point dd, Clause 3, Article 5 of this Circular.

3. Timber harvested from planted production forests, timber with the same name as natural timber trees, scattered plants and garden plants invested by organizations, individuals, households and residential communities: The original of the packing list of forest products made by the forest product owner or the original of the packing list of forest products certified by the local forest protection agency, in case the forest product owner requests for certification according to Point dd, Clause 3, Article 5 of this Circular.

4. Non-timber forest plants harvested from natural forests and planted forests:

a) For non-timber forest plants on the List of endangered, precious and rare forest plants and animals; non-timber forest plants in CITES Appendices: The original of the packing list of forest products certified by the local forest protection agency;

b) For non-timber forest plants that other than those specified at Point a of this Clause: The original of the packing list of forest products made by the forest product owner or the original of packing list of forest products certified by the local forest protection agency, in case the forest product owner requests for certification according to Point dd, Clause 3, Article 5 of this Circular.

5. Forest animals: The original of the packing list of forest products certified by the local forest protection agency.

Article 16. Dossier of origin of imported forest products

1. Imported timber: Comply with Article 7 of the Government’s Decree No. 102/2020/ND-CP dated September 1, 2020 providing the Vietnam Timber Legality Assurance System.

2. Imported non-timber forest products:

a) For species included in CITES Appendices: the dossier includes a customs declaration as prescribed by law; the original or a copy or an electronic copy of the CITES permit for import;

b) For species not included in CITES Appendices: the dossier includes a customs declaration as prescribed by law; the original of the packing list of forest products made by the forest product owner or the packing-list/log-list made by the organization or individual in accordance with the regulations of the exporting country.

3. After customs clearance, the customs office shall return the dossier to the forest product owner for storage as prescribed.

Article 17. Dossier of origin of confiscated forest products

1. Confiscated timber:

a) In case the agency assigned to handle the property after confiscation is the forest protection agency: the dossier includes the original of the packing list of forest products prepared by the forest protection agency assigned to handle the property;

b) In case the agency assigned to handle the property after confiscation is not the forest protection agency: the dossier includes the original list of forest products prepared by the agency assigned to handle the property, certified by the local forest protection agency.

2. The confiscated forest products that do not fall into the cases specified in Clause 1 of this Article: the dossier includes the original list of forest products prepared by the agency assigned to handle the property.

Section 2
 DOSSIERS OF FOREST PRODUCTS TRADED, TRANSFERRED OR TRANSPORTED DOMESTICALLY AND EXPORTED

Article 18. Dossiers of forest products traded, transferred or transported domestically

1. For forest products requiring certification of the packing list of forest products as prescribed at Points a, b, c and d, Clause 3, Article 5 of this Circular, the dossier includes:

a) The original of the packing list of forest products, certified by the local forest protection agency;

b) A copy of the previous dossier on trading, transfer of ownership or use of a quick response (QR) code containing the dossier specified at this Point on the packing list of forest products.

2. For forest products that are not complete timber products and do not fall into the cases specified at Points a, b, c and d, Clause 3, Article 5 of this Circular, the dossier includes:

a) The original of the packing list of forest products made by the owner of the sold or transferred forest products or the original of the packing list of forest products certified by the local forest protection agency for the forest products specified at Point dd, Clause 3, Article 5 of this Circular;

b) A copy of the previous dossier on trading, transfer of ownership or use of a quick response (QR) code containing the dossier specified at this Point on the packing list of forest products.

3. For harvested forest products transported by the forest product owners to warehouses and yards in the same time and by the same means, the dossier must comply with Article 15 of this Circular.

4. For imported forest products transported from the border gate to the importer’s warehouse, the dossier must comply with Article 16 of this Circular.

5. For forest products purchased directly from the auction council, then transported to the purchaser’s warehouse, the dossier must comply with Article 17 of this Circular.

6. For complete timber products, the dossier includes the original of the packing list of forest products made by the forest product owner or the original packing list of forest products certified by the local forest protection agency, for the case specified at Point dd, Clause 3, Article 5 of this Circular.

Article 19. Dossier of forest products upon export

1. For logs, lumber and timber products, the dossier includes one of the following documents:

a) The original of packing list of forest products or the original of packing list of forest products certified by the local forest protection agency for forest products specified in Clause 3, Article 5 of this Circular;

b) The original or a copy or an electronic copy of the CITES export permit for timber and timber products on the List of endangered, precious and rare forest plants and animals; endangered wild animals and plants listed in CITES Appendices.

2. For non-timber forest products, the dossier includes one of the following documents:

a) The original or a copy or an electronic copy of the CITES permit for specimens on the List of endangered, precious and rare forest plants and animals; endangered wild animals and plants listed in CITES Appendices;

b) The original of the packing list of forest products certified by the local forest protection agency for ordinary forest animals;

c) The original of the packing list of forest products for non-timber forest plants belonging to ordinary forest plant species.

3. After customs clearance, the customs office shall return the dossier to the forest product owner for storage as prescribed.

Section 3. DOSSIERS OF FOREST PRODUCTS AT ESTABLISHMENTS PROCESSING, TRADING, STORING, RAISING AND PLANTING FOREST PLANTS AND ANIMALS

Article 20. Dossier of forest products at establishments processing, trading, storing timber, forest plants, forest animals, and species in the CITES Appendices

1. The original of the dossier on the origin of forest products after harvesting, importing, raising or confiscating, in case the owner directly harvests, imports or buys the confiscated forest products.

2. The original of the packing list of forest products and a copy of the dossier of transfer of the forest products from the previous owner.

3. Copies of forest product dossiers upon sale or transfer of ownership rights to organizations or individuals.

4. A book for monitoring import and export of forest products for organizations and business households according to Form No. 07 in the Appendix to this Circular. The forest product owners are responsible for updating information in the book for monitoring import and export of forest products when importing and exporting forest products.

5. For species on the List of endangered, precious and rare forest plants and animals; and in the CITES Appendices: Types of books shall comply with the Government’s regulations on management of endangered, precious and rare forest plants and animals and implementation of the CITES.

6. Forest product owners shall store dossiers of forest products at each stage of the forest product supply chain, including Dossier of origin of forest products after harvesting, transporting, processing, producing, trading, and transferring ownership of imported forest products, and confiscated forest products according to the provisions of this Circular.

Article 21. Dossiers of forest products at raising and planting establishments

1. Dossiers of forest products at the establishments raising forest animals; animals in the CITES Appendices:

a) Raising establishment code granted by a competent State agency, for establishments raising endangered, precious and rare forest animals; endangered wild animals listed in CITES Appendices;

b) The original dossier on the origin of that are domestically harvested, imported or raised in case the establishment owner directly harvests, imports or raises such animals; A copy or an electronic copy of the dossier on the origin of harvest, import or raising, in case the establishment owner does not directly harvest, import or raise such animals;

c) The original of the forest product dossier upon receipt of ownership right transfer from the previous owner;

d) A copy of the forest product dossier upon sale or transfer of ownership to an organization or individual;

dd) Types of books under the Government’s regulations on management of endangered, precious and rare forest plants and animals and implementation of the CITES.

2. Dossiers of forest products at the establishments planting endangered, precious and rare forest plants; plants in the CITES Appendices:

a) Planting establishment code granted by a competent State agency;

b) The original dossier on the origin of forest products harvested domestically, imported or artificially raised, in case the establishment owner directly harvests, imports or artificially raises such forest products; a copy or an electronic copy of the dossier on the origin of harvesting, importing or artificially raising trees, in case the establishment owner does not directly harvest, import or artificially raise such forest products;

c) The original of the forest product dossier upon receipt of ownership right transfer from the previous owner;

d) A copy of the forest product dossier upon sale or transfer of ownership to another organization or individual;

dd) Types of books under the Government’s regulations on management of endangered, precious and rare forest plants and animals and implementation of the CITES.

Chapter IV

MARKING OF SPECIMENS

Article 22. Objects to be marked

1. Complete products manufactured or processed from crocodiles, species in group IIB according to the List of endangered, precious and rare forest plants and animals, species in Appendices II, III to CITES when trading, transferring or transporting them.

2. Specimens of species included in the CITES Appendices for export for which CITES already has regulations on marking that shall be marked under CITES regulations.

Article 23. Forms, methods, responsibilities for marking specimens

1. Marking of specimens can be made in stamps, numeric codes, barcodes, QR codes, or other materials (hereinafter collectively referred to as marking labels) containing all the information specified in Article 24 of this Circular for management and traceability.

2. 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.

3. A product shall be marked with a marking label. Specimen marking label shall be attached directly to the product or its packing, container in a manner that is easily identified with the naked eye or the reader and avoids counterfeiting.

4. The marking label attached directly to the specimen must be torn, damaged and unable to be reused after the label is removed. In case the specimens are contained in the same packaging, storage items, forest product labels must be affixed in positions at which such labels will be torn, damaged and unable to be reused after the labels are removed.

5. The specimen owner shall mark the specimen before transporting, trading, or transferring ownership of the specimen.

6. After completing the marking of the specimens, within 01 working day, the forest product owner shall write all the marking information in the paper or electronic specimen marking logbook according to Form No. 14 in the Appendix to this Circular and be responsible for the accuracy of the information of the marking label; send the notification of specimen marking made according to Form No. 15 in the Appendix to this Circular to the local forest protection agency for monitoring and management.

Article 24. Information on and registration of marking labels

1. Information of marking label:

a) Specimen's name;

b) Name of species: Common names and scientific names. In case the specimen is produced from many different species of animals and plants, the common name and scientific name of each species must be clearly specified;

c) Name and address of the organization or individual selling or transferring ownership of the specimen and the name and address of the organization or individual purchasing or receiving the transfer of ownership of the specimen;

d) Quantity of specimens: quantity of specimens expressed in units of measurement or cardinal numbers, depending on the characteristics of each type of specimens;

dd) Serial number of the label, including: the number of the marking label, the abbreviation of the province, the code of the district-level administrative unit, the initials of the specimen owner, the last 2 digits of the year of the code issuance. In which:

Number of marking label: Inscribed in Arabic numerals, in ascending order from number 01 until the end of the year.

Abbreviation of the province is included in the Appendix to the Government’s Decree on management of endangered, precious and rare forest plants and animals and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Abbreviation of the specimen owner shall be decided by the specimen owner and notified to the provincial-level forest protection agency. In case the specimen owner changes his/her name, the specimen owner chooses a new abbreviation and informs the provincial-level forest protection agency for information and management.

Code of district-level administrative unit is corresponding to each district, town, and provincial city is encoded with 3 digits according to the Decision No. 124/2004/QD-TTg dated July 8, 2004 of the Prime Minister on the promulgation of the list and codes of administrative units of Vietnam.

2. Organizations and individuals marking specimens shall send a notification together with the specimen marking label sample to the provincial-level forest protection agency for synthesis and monitoring.

Chapter V

INSPECTION AND TRACEABILITY OF FOREST PRODUCTS

Article 25. Objects and forms of inspection

1. Objects of inspection: Organizations, individuals, business households, households and residential communities engaged in harvesting, transporting, processing, producing, purchasing and selling, exporting, importing or storing forest products, raising forest animals, planting forest plants and marking specimens.

2. Forms of inspection:

a) Scheduled inspection;

b) Unscheduled inspection.

Article 26. Contents of inspection

1. For harvest of forest products: Inspect the observance of the law on harvesting forest products in accordance with the forest management regulations and Chapter II of this Circular and the forest products actually harvested at the field.

2. For forest products upon import and export: Inspect the forest product dossiers according to Articles 16 and 19 of this Circular and the physical inspection of forest products at border checkpoints.

3. For transportation of forest products: Inspect the observance of regulations on the dossiers of forest products during transportation as prescribed in Article 18 of this Circular and forest products contained on vehicles.

4. For establishments processing, trading and storing timber and forest products: Inspect the observance of regulations on the dossiers of forest products as prescribed in Article 20 of this Circular and available forest products at these establishments.

5. For establishments raising forest animals and animals listed in CITES Appendices; establishments planting endangered, precious and rare forest plants; plants in the CITES Appendices: Inspect the observance of regulations on dossiers of forest products as prescribed in Article 21 of this Circular and animals and plants that are raised at these establishments.

6. For forest product storage places: Inspect the forest product dossiers according to this Circular and the available forest products.

Article 27. Principles of inspection

1. The inspection of the forest protection agency shall be carried out by the inspection team or the inspectorates (hereinafter referred to as the inspection team) upon an inspection decision of the competent persons specified in Article 30 of this Circular, except case of unscheduled inspection prescribed in Clause 1, Article 29 of this Circular.

2. The inspection of forest protection forces must be timely, objectively, accurately, in accordance with their duties and powers and in compliance with the provisions of law.

3. The inspection activities must comply with the order specified in Article 31 of this Circular and the inspection minutes must be made according to Form No. 16 or Form No. 17 in the Appendix to this Circular.

Article 28. Scheduled inspection

1. Annual inspection plan:

a) Before November 30 each year, the Head of the forest protection agency specified in Article 30 of this Circular shall prepare an inspection plan for the next year and submit it to the superior agency for approval;

b) In case an unplanned inspection is demanded by the superior agency or needed otherwise, the inspection plan shall be adjusted and submitted to the competent authority for approval;

c) Based on the approved inspection plan, the forest protection agency shall notify the relevant agencies, organizations and individuals before December 31 of each year or after approving the adjustment of the inspection plan.

2. Specialized inspection plan: Based on the forest product management situation in localities requiring inspection in order to stop and handle violations, the heads of forest protection agencies shall take the initiative in making specialized inspection plans.

Article 29. 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 written requests for handling of violations made by organizations or individuals;

d) Information provided by local forest protection officers or forest protection officers assigned to detect violations or cases of violations to be caught red-handed by them;

dd) Written directions issued by heads of competent state management agencies;

e) Upon detecting violations of law.

2. Forest protection officers who collect and receive information on violations or signs of violations shall immediately report it to heads of their forest protection agencies for processing.

3. Based on the information specified in Clause 1 of this Article, heads of forest protection agencies 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 under regulations on management of secret materials.

Article 30. Competence to issue inspection decisions of forest protection officers

1. The Director of the Vietnam Forest Protection Department, directors of region-level Forest Protection Departments, directors of provincial-level Forest Protection Departments, heads of special forest protection teams, heads of mobile forest protection and forest fire prevention and fighting teams, and heads of district-level forest protection divisions shall issue inspection decisions according to their assigned functions and tasks.

2. The competent persons specified in Clause 1 of this Article may authorize their deputy heads to issue inspection decisions in accordance with law.

Article 31. Order of inspection

1. Announcing and assigning the inspection decision to the object of inspection or the representatives of the object of inspection; notify the participants of the inspection team and witnesses (if any).

2. Requesting the object of inspection or the representatives of the object of inspection to comply with the inspection decision by the competent person and work with the inspection team. In case these persons are not present at the place of inspection, the inspection team shall invite representatives of commune-level People's Committee or representatives of the public security office where the inspection is performed and witnesses to announce the inspection decision and conduct the inspection as prescribed.

3. Organizing inspection strictly according to the inspection decision. In case of any content arising during the inspection beyond its competence, the inspection team must immediately report it to the issuer of the inspection decision for timely handling.

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 29 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: The forest protection agency shall coordinate with the border gate customs office in organizing the inspection of forest products under this Circular.

6. The objects of inspection must comply with the inspection requirements of the inspection team; immediately produce dossiers of forest products as prescribed in this Circular and other relevant document as prescribed by law.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 32. Responsibility for implementation

1. The Vietnam Administration of Forestry shall:

a) Organize the implementation of this Circular nationwide;

b) Submit the harvest plan to the Ministry of Agriculture and Rural Development for approval, for the case specified at Point a, Clause 2, Article 6 of this Circular.

2. The Vietnam Forest Protection Department shall:

a) Guide, inspect and supervise the observance of the law on harvest, management and traceability of forest products nationwide in accordance with this Circular;

b) Develop a pilot model of codes of places of production of material production forests for traceability associated with sustainable forest management and forest certification;

c) Develop a pilot model of information technology application in forest product management and traceability;

d) Summarize and report the observance of regulations on management and traceability of forest products nationwide in this Circular.

3. Region-level Forest Protection Departments shall:

a) Organize the inspection of the origin of forest products in accordance with this Circular under the direction of the Vietnam Forest Protection Department in the assigned region;

b) Summarize and report the implementation of this Circular in the assigned region at the request of the competent authority.

4. Provincial-level Departments of Agriculture and Rural Development shall: Organize and guide the implementation of this Circular in the provinces.

5. Provincial-level forest protection agencies shall:

a) Synthesize and store information on the harvest situation; import and export forest products in the provinces; organize the inspection, supervision and traceability of forest products in accordance with this Circular;

b) Manage forest product dossiers in accordance with this Circular;

c) Report on the management, inspection and traceability of forest products; establishments raising animals and planting plants in the localities in accordance with this Circular.

6. The local forest protection agencies shall:

a) Summarize and store information on the harvest situation; import and export forest products in the localities under their management; organize the inspection, verification, supervision and traceability of forest products in accordance with this Circular;

b) Manage forest product dossiers under this Circular;

c) Keep records submitted by forest owners and forest product owners according to Chapters II and III of this Circular; manage the book of monitoring and certifying the packing list of forest products made according to Form No. 09 in the Appendix issued together with this Circular;

d) Summarize and make reports on the situation of import and export of forest products in the localities, using Form No. 18 in the Appendix issued together with this Circular and send them to provincial-level forest protection agencies no later than 10 days after receiving the reports of organizations or business households as prescribed at Point c, Clause 8 of this Article.

7. The forest owners shall:

a) Keep a complete record of the origin of forest products as prescribed in this Circular;

b) Make reports before and after harvesting in accordance with this Circular.

8. Organizations, individuals, business households, households and residential communities shall:

a) Keep complete dossiers of forest products as prescribed in this Circular;

b) Take responsibility for the accuracy and observance of inspection and traceability regulations of competent authorities;

c) For organizations and business households: Make a book for monitoring import and export of forest products according to Form No. 07 in the Appendix issued together with this Circular; fully and promptly update the import and export of forest products and present them at the request of the competent authority for inspection; report on the import and export of forest products to the local forest protection agency, using Form No. 18 in the Appendix to this Circular every six months before July 15 and annually before January 15. The first-6-month report shall cover the period from January 1 to June 30; the annual report shall cover the period from January 01 to December 31 of the reporting period.

Article 33. Effect

1. This Circular takes effect from February 15, 2023.

2. The Circular No. 27/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development, providing for the management and traceability of forest products ceases to be effective from the effective date of this Circular.

3. Transitional provisions

a) In case the forest product owners keep timber with lawful origin, harvested from natural forests, confiscated timber, timber on the list of endangered, precious and rare forest plants and animals, timber in CITES Appendices before the effective date of this Circular, upon trading, transfer and transport thereof, they must carry out certification of their packing lists of forest products as prescribed in Article 5 of this Circular. The forest product owners shall make statistics on timber with lawful origin, harvested from natural forests, confiscated timber, and timber in CITES Appendices stored at the establishments, and make a packing list of forest products, using Form No. 01 in the Appendix issued together with this Circular and send to the local forest protection agencies for certification and management. These tasks must be completed before September 30, 2023.

b) For the forest product harvest dossiers that have been approved before the effective date of this Circular but have not yet been harvested or are being harvested, continue to comply with the Circular No. 27/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development providing for the management and traceability of forest products. Dossiers of forest products after harvesting shall comply with this Circular.

4. If the legal documents referred to in this Circular are amended, supplemented or replaced, the amended, supplemented or replaced documents shall apply.

5. 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./.

* All Appendices are not translated herein.