VOLUNTARY PARTNERSHIP AGREEMENT
between the European Union and the Socialist Republic of Viet Nam on forest law enforcement, governance and trade
Article 1
Objective
Article 2
Definitions
Article 3
FLEGT licensing scheme
Article 4
Licensing Authority
Article 5
Competent authorities
Article 6
FLEGT licences
Article 7
Definition of “legally produced timber”
Article 8
Verification of legally produced timber
Article 9
Release of shipments covered by a FLEGT licence
Article 10
Independent evaluation
Article 11
Irregularities
Article 12
Date of operation of the FLEGT licensing scheme
Article 13
Application of the VNTLAS and other measures
Article 14
Supporting measures
Article 15
Stakeholder involvement in the implementation of this Agreement
Article 16
Social safeguards
Article 17
Market incentives
Article 18
Joint Implementation Committee
Article 19
Reporting and public disclosure of information
Article 20
Communication on implementation
Article 21
Territorial application
Article 22
Settlement of disputes
Article 23
Suspension
Article 24
Amendments
Article 25
Entry into force, duration and termination
Article 26
Annexes
Article 27
Authentic texts
LIST OF ANNEXES
ANNEX I
PRODUCT COVERAGE: THE HARMONISED COMMODITY CODES FOR TIMBER AND TIMBER PRODUCTS COVERED UNDER THE FLEGT LICENSING SCHEME
HS codes |
Description |
CHAPTER 44 |
Wood and articles of wood; wood charcoal |
Ex. 4401 |
Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms (not from bamboo nor rattan). |
4403 |
Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared |
4406 |
Railway or tramway sleepers (cross-ties) of wood |
4407 |
Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm. |
Ex. 4408 |
Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm (not from bamboo nor rattan). |
Ex. 4409 |
Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed (not from bamboo nor rattan). |
Ex. 4410 |
Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances (not from bamboo nor rattan). |
Ex. 4411 |
Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances (not from bamboo nor rattan). |
Ex. 4412 |
Plywood, veneered panels and similar laminated wood (not from bamboo nor rattan). |
Ex. 441300 |
Densified wood, in blocks, plates, strips or profile shapes (not from bamboo nor rattan). |
Ex. 441400 |
Wooden frames for paintings, photographs, mirrors or similar objects (not from bamboo nor rattan). |
Ex. 4415 |
Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood (not from bamboo nor rattan). |
Ex. 4416 |
Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves (not from bamboo nor rattan). |
Ex. 4418 |
Builders’ joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes (not from bamboo nor rattan). |
CHAPTER 94 |
Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings |
940330 |
– – Wooden furniture of a kind used in offices. |
940340 |
– – Wooden furniture of a kind used in kitchens. |
940350 |
– – Wooden furniture of a kind used in the bedroom. |
940360 |
Other wooden furniture. |
ANNEX II
VIET NAM TIMBER LEGALITY DEFINITION
INTRODUCTION
STRUCTURE AND CONTENT OF THE LEGALITY DEFINITION MATRIX
1. Organisations
2. Households
EXPLANATION OF ELEMENTS OF THE LEGALITY DEFINITION
1. Explanation of verifiers for land use rights and forest use rights
2. Harvesting timber from home gardens, farms and dispersed trees
3. Compliance with regulations on export
4. Definitions
Principle
Criterion
Indicator
Verifier
Forest owner (forest title holder)
Harvesting design statement
Design unit
Main harvesting
Tree marking list
Report on harvesting location and volume of harvested timber products
Forest product packing list (“packing list”)
List of anticipated timber to be harvested
Entry and exit books
Unprocessed timber products
Salvage harvesting and salvage collection
Legal timber product dossier (“timber product dossier”)
Production forest
Protection forest
Special-use forest
APPENDIX 1A
PRINCIPLE I: HARVESTING OF DOMESTIC TIMBER COMPLIES WITH REGULATIONS ON LAND USE RIGHTS, FOREST USE RIGHTS, MANAGEMENT, ENVIRONMENT AND SOCIETY (ORGANISATIONS) |
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Criterion Indicators |
Verifiers |
Type of verifier S=static D=dynamic |
Legal references for verifiers |
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Criterion 1: Compliance with regulations on main harvesting of natural forest timber |
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Indicator 1.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
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|
|
S |
No specific legislation prior to 1993 on land allocation |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02. CP; Articles 16 and 17, Decree No. 163/1999/ND-CP |
||
|
|
S |
Articles 48, 49 and 51, Land Law 2003; Article 102, Land Law 2013 |
||
|
|
S |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
||
|
|
S |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
||
|
|
S |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
||
|
|
S |
Section II, Circular No.38/2007/TT-BNN |
||
Indicator 1.2: Having legal status harvesting forest – one of the following documents is required: |
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|
|
S |
Articles 28 and 29, Enterprise Law 2014 |
||
|
|
S |
Article 36, Investment Law 2014 |
||
|
|
S |
Article 39, Decree No.108/2006/ND-CP; Article 13, Investment Law 2005; Article 74, Investment Law 2014 |
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Indicator 1.3: Having approved Sustainable Forest Management Plan – the following document is required: |
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|
|
S |
Article 11, Circular No. 38/2014/TT-BNNPTNT |
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Indicator 1.4: Compliance with regulations on archiving harvesting documents – all the following documents are required: |
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|
|
S |
Article 22, Circular No. 87/2009/TT-BNNPTNT |
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|
|
S |
Article 21, Circular No. 87/2009/TT-BNNPTNT |
||
|
|
S |
Article 14, Circular No. 87/2009/TT-BNNPTNT |
||
|
|
S |
Article 24, Circular No. 87/2009/TT-BNNPTNT |
||
|
|
S |
Article 25, Circular No. 87/2009/TT-BNNPTNT |
||
|
|
S |
Article 4, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
D |
Article 4, Circular No. 21/2016/TT-BNNPTNT |
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Indicator 1.5: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, forest hammer marks must be placed on the timber products – the following documents are required: |
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|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
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|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
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Indicator 1.6: Timber harvested not subject to forest hammer marking as required in Indicator 1.5 – the following document is required: |
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|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
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Indicator 1.7: Harvesting forest complies with regulations on environmental protection – one of the following documents is required: |
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|
|
S |
Article 12, Decree No. 18/2015/ND-CP |
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|
|
S |
Article 18, Decree No. 18/2015/ND-CP |
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Criterion 2: Compliance with regulations on main harvesting, salvage harvesting and salvage collection from planted protection forests |
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Indicator 2.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
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|
|
S |
No specific legislation prior to 1993 on land allocation |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02. CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
||
|
|
S |
Articles 48, 49 and 51, Land Law 2003; Article 102, Land Law 2013 |
||
|
|
S |
Articles 32, 33, 34 and 35, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
||
|
|
S |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
||
|
|
S |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
||
|
|
S |
Section II, Circular No. 38/2007/TT-BNN |
||
Indicator 2.2: Having legal status for harvesting forest – one of the following documents is required: |
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|
|
S |
Articles 28 and 29, Enterprise Law 2014 |
||
|
|
S |
Article 36, Investment Law 2014 |
||
|
|
S |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005, Article 74, Investment Law 2014 |
||
Indicator 2.3: Harvesting forest complies with regulations on environmental protection – one of the following documents is required: |
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|
|
S |
Article 12, Decree No. 18/2015/ND-CP |
||
|
|
S |
Article 18, Decree No. 18/2015/ND-CP |
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Indicator 2.4: Compliance with regulations on archiving harvesting documents – all the following documents are required: |
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|
|
S |
Article 6, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
S |
Article 6, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
S |
Article 6, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.5: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.6: Timber harvested not subject to forest hammer marks as required in Indicator 2.5 – the following document is required: |
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|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 3: Compliance with regulations on main harvesting, salvage harvesting and salvage collection from planted production forests |
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Indicator 3.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
|||||
|
|
S |
No specific legislation prior to 1993 on land allocation |
||
|
|
S |
Articles 48, 49 and 51, Land Law 2003; Article 102, Land Law 2013 |
||
|
|
S |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
||
|
|
S |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02. CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
||
|
|
S |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
||
Indicator 3.2: Having legal status for harvesting forest – one of the following documents is required: |
|||||
|
|
S |
Articles 28 and 29, Enterprise Law 2014 |
||
|
|
S |
Article 36, Investment Law 2014 |
||
|
|
S |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005, Article 74, Investment Law 2014 |
||
Indicator 3.3: Harvesting forest complies with legal regulations on environmental protection – one of the following documents is required: |
|||||
|
|
S |
Article 12, Decree No. 18/2015/ND-CP |
||
|
|
S |
Article 18, Decree No. 18/2015/ND-CP |
||
Indicator 3.4: Compliance with regulations on archiving harvesting documents – the following document is required: |
|||||
|
|
S |
Article 6(1b), Circular No. 21/2016/TT-BNNPTN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 3.5: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 3.6: Timber harvested not subject to forest hammer marks as required in Indicator 3.5 – the following document is required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 4: Compliance with regulations on salvage harvesting of natural forested areas converted from forest land use to other land uses. |
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Indicator 4.1: Compliance with legal regulations on changing land use from forest use into other uses, environmental protection, site clearance – all the following documents are required: |
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|
|
S |
Article 29, Decree No. 23/2006/ND-CP; Article 8 Circular No. 21/2016/TT-BNNPTNT |
||
|
|
S |
Article 3, Resolution 49; Article 29, Decree No. 23/2006/ND-CP |
||
|
|
|
|
||
|
|
S |
Article 29, Decree No. 23/2006/ND-CP; Article 12, Decree No. 18/2015/ND-CP |
||
|
|
S |
Article 18, Decree No. 18/2015/ND-CP |
||
Indicator 4.2: Having legal status for harvesting forest – one of the following documents is required: |
|||||
|
|
S |
Articles 28 and 29, Enterprises Law 2014 |
||
|
|
S |
Article 36, Investment Law 2014 |
||
|
|
S |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005, Article 74, Investment Law 2014 |
||
Indicator 4.3: Compliance with regulations on archiving harvesting documents – the following document is required: |
|||||
|
|
S |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 4.4: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, harvested in natural forests; and for round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species harvested in plantation forests forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 4.5: Timber harvested not subject to forest hammer marks as required in Indicator 4.4 – the following document is required: |
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|
|
D |
Articles 7 and 8 Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
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Criterion 5: Compliance with regulations on salvage harvesting of natural forest while implementing silvicultural measures, scientific research and training |
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Indicator 5.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
|||||
|
|
S |
No specific legislation prior to 1993 on land allocation |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02. CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
||
|
|
S |
Articles 48, 49 and 51, Land Law 2003; Article 102, Land Law 2013 |
||
|
|
S |
Articles 32, 33, 34 and 35, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
||
|
|
S |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
||
|
|
S |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
||
|
|
S |
Section II, Circular No. 38/2007/TT-BNN |
||
Indicator 5.2: Having legal status for harvesting forest – one of the following documents is required: |
|||||
|
|
S |
Articles 28 and 29, Enterprise Law 2014 |
||
|
|
S |
Article 36, Investment Law 2014 |
||
|
|
S |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005, Article 74, Investment Law 2014 |
||
Indicator 5.3: Compliance with legal regulations prior to be permitted for salvage harvesting – one of the following documents is required: |
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|
|
S |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
S |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
S |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 5.4: Compliance with regulations on archiving harvesting documents – the following document is required: |
|||||
|
|
S |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
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Indicator 5.5: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, harvested in natural forests and for round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species harvested in plantation forests forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 5.6: Timber harvested not subject to forest hammer marks as required in Indicator 5.5 – the following document is required: |
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|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
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Criterion 6: Compliance with regulations on salvage collection of stump, roots, branches in natural forests |
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Indicator 6.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
|||||
|
|
S |
No specific legislation prior to 1993 on land allocation |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02. CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
||
|
|
S |
Articles 48, 49 and 51, Land Law 2003; Article 102, Land Law 2013 |
||
|
|
S |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
||
|
|
S |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
||
|
|
S |
Articles 5, 9 and 11, Circular No. 07/2011/ TTLT-BNNPTNT-BTNMT |
||
|
|
S |
Section II, Circular No. 38/2007/TT-BNN |
||
Indicator 6.2: Having legal status for harvesting forest – one of the following documents is required: |
|||||
|
|
S |
Articles 28 and 29, Enterprise Law 2014 |
||
|
|
S |
Article 36, Investment Law 2014 |
||
|
|
S |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005, Article 74, Investment Law 2014 |
||
Indicator 6.3: Compliance with regulations on archiving harvesting documents – the following document is required: |
|||||
|
|
S |
Article 9, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 6.4: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 6.5: Timber harvested not subject to forest hammer marks as required in Indicator 6.4 – the following document is required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 7: Compliance with regulations on salvage collection of stump, roots, branches in plantation forests |
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Indicator 7.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
|||||
|
|
S |
No specific legislation prior to 1993 on land allocation |
||
|
|
S |
Articles 48, 49 and 51, Land Law 2003; Article 102, Land Law 2013 |
||
|
|
S |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
||
|
|
S |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
||
Indicator 7.2. Having legal status for harvesting forest – one of the following documents is required: |
|||||
|
|
S |
Articles 28 and 29, Enterprise Law 2014 |
||
|
|
S |
Article 36, Investment Law 2014 |
||
|
|
S |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005, Article 74, Investment Law 2014 |
||
Indicator 7.3: Compliance with regulations on archiving harvesting documents – the following document is required: |
|||||
|
|
S |
Article 6, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 7.4: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 7.5: Timber not subject to forest hammer marks as required in Indicator 7.4 – the following document is required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No.01/2012/TT-BNNPTNT |
||
Criterion 8: Compliance with regulations on harvesting rubber wood |
|||||
Indicator 8.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
|||||
|
|
S |
No specific legislation prior to 1993 on land allocation |
||
|
|
S |
Articles 48, 49 and 51, Land Law 2003; Article 102, Land Law 2013 |
||
|
|
S |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
||
|
|
S |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02. CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
||
|
|
S |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
||
Indicator 8.2: Having legal status for harvesting forest – one of the following documents is required: |
|||||
|
|
S |
Articles 28 and 29, Enterprise Law 2014 |
||
|
|
S |
Article 36, Investment Law 2014 |
||
|
|
S |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005, Article 74, Investment Law 2014 |
||
Indicator 8.3: Compliance with regulations on archiving harvesting documents – the following documents are required: |
|||||
|
|
D |
Article 7, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
D |
Article 5, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2012/TT-BNNPTNT |
||
PRINCIPLE II: COMPLIANCE WITH REGULATIONS ON HANDLING CONFISCATED TIMBER (ORGANISATIONS) |
|||||
Criterion 1. Compliance with regulation on archiving documents of handled confiscated timber |
|||||
Indicator 1.1: Compliance with regulations on handled confiscated timber – the following documents are required: |
|||||
|
|
S |
Article 35, Decree No. 17/2010/ND-CP |
||
|
|
S |
Article 46, Decree No. 17/2010/ND-CP |
||
|
|
D |
Article 16, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 16, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 1.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm forest hammer marks must be placed on the timber products – the following document is required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN, Article 1, Decision No. 107/2007/QD-BNN |
||
PRINCIPLE III: COMPLIANCE WITH REGULATIONS ON IMPORTING TIMBER (ORGANISATIONS) |
|||||
Criterion 1: Compliance with regulations on customs procedures |
|||||
Indicator 1.1: Compliance with legal regulations on custom procedures – the following documents are required: |
|||||
|
|
D |
Article 24, Customs Law 2014; Article 25, Decree No.08/2015/ND-CP; Article 10, Circular No. 01/2012/TT-BNNPTNT; Article 16, Circular No. 38/2015/TT-BTC |
||
|
|
D |
To be issued by VN Government |
||
|
|
D |
Article 16, Circular No. 38/2015/TT-BTC |
||
|
|
D |
Article 16, Circular No. 38/2015/TT-BTC |
||
|
|
D |
Article 10, Circular No. 01/2012/BNNPTNT |
||
|
|
|
|
||
|
|
D |
Decree No. 82/2006/ND-CP; Article 5, Decree No. 98/2011/ND-CP; Circular No. 04/2015/TT-BNNPTNT |
||
|
|
D |
To be issued by VN Government |
||
|
|
D |
To be issued by VN Government |
||
|
|
|
|
||
|
|
D |
To be issued by VN Government |
||
|
|
D |
To be issued by VN Government |
||
|
|
D |
To be issued by VN Government |
||
Criterion 2: Compliance with regulations on plant quarantine and forest hammer mark |
|||||
Indicator 2.1: Compliance with regulations on plant quarantine for timber and timber products – the following document is required: |
|||||
|
|
D |
Article 1, Circular No. 30/2014/TT-BNNPTNT; Article 7, Circular No. 33/2014/TT-BNNPTNT |
||
Indicator 2.2: Round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m must be marked with hammer marks or other special signs of exporting countries; otherwise, forest hammer marks must be placed in accordance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
PRINCIPLE IV: COMPLIANCE WITH REGULATIONS ON TIMBER TRANSPORTATION AND TRADE (ORGANISATIONS) |
|||||
Criterion 1. Compliance with regulations on enterprises establishment |
|||||
Indicator 1.1: Obtained legal status – one of the following documents is required: |
|||||
|
|
S |
Articles 28 and 29, Enterprise Law 2014 |
||
|
|
S |
Article 36, Investment Law 2014 |
||
|
|
S |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005, Article 74, Investment Law 2014 |
||
Criterion 2. Compliance with regulations on transporting, trading unprocessed timber from main harvesting, salvaged harvesting and salvaged collection from domestic natural forests |
|||||
Indicator 2.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
|||||
|
|
D |
Article 12, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 12, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm forest hammer marks must be placed – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
Criterion 3. Compliance with regulations on transporting, trading unprocessed timber harvested from concentrated plantation forests, home gardens, farms, scattered trees |
|||||
Indicator 3.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
|||||
|
|
D |
Article 13, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 13, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 3.2: For timber from rare, precious and endangered timber species harvested in plantation forests, and round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, forest hammer marks must be placed, – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Article 13, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 4. Compliance with regulations on transporting, trading imported timber and timber products that are not domestically processed |
|||||
Indicator 4.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
|||||
|
|
D |
Article 14, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 14, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 4.2: Imported round timber with diameter of large end of ≥ 25 cm and length ≥ 1 m if there is no hammer mark or special signs of exporting countries, it must be placed with forest hammer marks – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
Criterion 5. Compliance with regulations on transporting and trading unprocessed confiscated timber and timber products that have been handled |
|||||
Indicator 5.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
|||||
|
|
D |
Article 16, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 16, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 5.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm forest hammer marks must be placed – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
Criterion 6. Compliance with regulations on transporting and trading of processed timber and timber products (including round timber cross-cutting) from natural timber, imported timber and handled confiscated timber |
|||||
Indicator 6.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
|||||
|
|
D |
Article 17, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Articles 17 and 26, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 6.2: Round timber with a large end diameter ≥ 25 cm and length ≥ 1 m must be marked with forest hammer marks – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
Criterion 7. Compliance with regulations on transporting and trading of processed timber and timber products (including round timber cross-cutting) from concentrated plantation forests, home gardens, scattered trees |
|||||
Indicator 7.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
|||||
|
|
D |
Article 17, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 17, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 7.2: Round timber with a large end diameter ≥ 25 cm and length ≥ 1 m must be marked with forest hammer marks – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
Criterion 8. Compliance with regulations on internal transportation of timber and timber products within a province |
|||||
Indicator 8.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
|||||
|
|
D |
Article 18, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Article 18, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 8.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, harvested in natural forests and for round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species harvested in plantation forests, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9 Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Articles 7 and 9, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 9. Compliance with regulations on internal transportation of timber and timber products between provinces |
|||||
Indicator 9.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
|||||
|
|
D |
Article 18, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Article 18, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 9.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, harvested in natural forests, and for round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species harvested in plantation forests, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Articles 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 9, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 10. Compliance with regulations on timber product dossier for verification for export |
|||||
Indicator 10.1: Compliance with regulations on legal timber product dossier for verification for export – the following documents are required: |
|||||
|
|
D |
To be issued by VN Government |
||
|
|
D |
Article 2, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 5, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
PRINCIPLE V: COMPLIANCE WITH REGULATIONS ON TIMBER PROCESSING (ORGANISATIONS) |
|||||
Criterion 1: Compliance with regulations on enterprises establishment |
|||||
Indicator 1.1: Having legal status – one of the following documents is required: |
|||||
|
|
S |
Article 28, Article 29 Enterprise Law 2014 |
||
|
|
S |
Article 36, Investment Law 2014 |
||
|
|
S |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005, Article 74, Investment Law 2014 |
||
Indicator 1.2: Processing of timber complies with regulations on environmental protection – one of the following documents is required: |
|||||
|
|
S |
Article 12, Decree No. No. 18/2015/ND-CP |
||
|
|
S |
Article 12, Decree No. 18/2015/ND-CP |
||
|
|
S |
Article 12, Decree No. 18/2015/ND-CP |
||
|
|
S |
Article 18, Decree No. 18/2015/ND-CP |
||
Indicator 1.3: Compliance with regulations on fire prevention and firefighting – the following document is required: |
|||||
|
|
S |
Article 15 and Annex 4, Decree No. 79/2014/ND-CP |
||
Indicator 1.4: Compliance with regulation on making monitoring entry and exit books – the following document is required: |
|||||
|
|
S |
Article 20, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 2: Compliance with regulations on the legal origin of timber which are going to be processed |
|||||
Indicator 2.1: Compliance with regulation on legal timber dossier for timber self-harvested from organisation’s forests – the following document is required: |
|||||
|
|
D |
Article 20, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.2: Compliance with regulation on legal timber dossier for timber purchased from organisations – the following documents are required: |
|||||
|
|
D |
Article 20, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 20, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.3: Compliance with regulation on legal timber dossier for timber purchased from households – the following document is required: |
|||||
|
|
D |
Article 20, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.4: For round timber with a large end diameter ≥ 25 cm and length of ≥ 1 m harvested in natural forests and timber from rare, precious and endangered timber species harvested from plantation forests, imported timber without hammer marks or special signs of the exporting countries, and handled confiscated timber, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.5: For timber sawn or squared in forests and confiscated timber sawn which was handled but not further processed, having length of ≥ 1 m, thickness of ≥ 5 cm, width of ≥ 20 cm harvested in natural forests and timber from rare, precious and endangered timber species harvested from plantation forests forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; Article 1, Decision No. 107/2007/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; Article 1, Decision No.107/2007/QD-BNN |
||
PRINCIPLE VI: COMPLIANCE WITH REGULATIONS ON CUSTOMS PROCEDURES FOR EXPORT (ORGANISATIONS) |
|||||
Criterion 1: Compliance with regulations on customs procedures |
|||||
Indicator 1.1: Compliance with regulations on legal export dossier – the following documents are required: |
|||||
|
|
D |
Article 24, Law on Customs 2014; Article 25, Decree No. 08/2015/ND-CP; Article 16, Circular No. 38/2015/TT-BTC |
||
|
|
D |
To be issued by VN Government |
||
|
|
D |
To be issued by VN Government |
||
|
|
D |
Article 5, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Article 8, Circular No. 04/2015/TT-BNNPTNT, Article 16, Circular No. 38/2015/TT-BTC |
||
|
|
D |
To be issued by VN Government |
||
Criterion 2: Compliance with regulations on plant quarantine |
|||||
Indicator 2.1: Compliance with regulations on plant quarantine for timber and timber products – the following document is required: |
|||||
|
|
D |
Articles 8 and 12, Decree No. 02/2007/ND-CP, Article 1, Circular No. 30/2014/TT-BNNPTNT, Article 10, Circular No. 33/2014/TT-BNNPTNT |
||
PRINCIPLE VII: COMPLIANCE WITH REGULATIONS ON TAX AND EMPLOYEES (ORGANISATIONS) |
|||||
Criterion 1: Compliance with regulations on tax |
|||||
Indicator 1.1: Compliance with regulations on tax declaration, registration and payment: |
|||||
|
|
S |
Article 70, Circular No. 156/2013/TT-BTC; Document 815/TCT-KK |
||
Criterion 2: Compliance with Labour Code |
|||||
Indicator 2.1: Labour contract between enterprises and employees: |
|||||
|
|
S |
Article 15, 16, 17 Labour Code 2012 |
||
Indicator 2.2: Employees are members of the enterprise’s trade union: |
|||||
|
|
S |
Article 5, Trade Union Law 2012 |
||
Indicator 2.3: Implementing regulations on labour safety and labour hygiene: |
|||||
|
|
S |
Article 148, Labour Code 2012 |
||
Criterion 3: Compliance with Social Insurance Law and Health Insurance Law |
|||||
Indicator 3.1: Having social insurance books for employees whose labour contract duration is one month or more: |
|||||
|
|
S |
Articles 2 and 21, Social Insurance Law 2014 |
||
Indicator 3.2: Having health insurance for employees whose labour contract duration is three months or more: |
|||||
|
|
S |
Article 12, Health Insurance Law 2008; Article 1, Law on amending and supplementing a number of articles of the Health Insurance Law 2014 |
||
Indicator 3.3: Having unemployment insurance for employees whose contracts are for a full three months or more: |
|||||
|
|
S |
Article 52, Law on Employment 2013 |
APPENDIX 1B
PRINCIPLE I: HARVESTING OF DOMESTIC TIMBER COMPLIES WITH REGULATIONS ON LAND USE RIGHTS, FOREST USE RIGHTS, MANAGEMENT, ENVIRONMENT AND SOCIETY (HOUSEHOLDS) |
|||||
Criterion Indicators |
Verifiers |
Type of verifier S=static D=dynamic |
Legal references for verifiers |
||
Criterion 1: Compliance with regulations on main harvesting, salvage harvesting and salvage collection from planted protection forests |
|||||
Indicator 1.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
|||||
|
|
S |
No specific legislation prior to 1993 on land allocation |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02/ND-CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
||
|
|
S |
Articles 48, 49 and 51, Land Law 2003; Articles 100 and 101, Land Law 2013 |
||
|
|
S |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
||
|
|
S |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
||
|
|
S |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
||
|
|
S |
Section II, Circular No. 38/2007/TT-BNN |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02/ND-CP |
||
|
|
S |
Article 100, Land Law 2013 |
||
|
|
S |
Article 101, Land Law 2013 |
||
|
|
S |
Article 5, Decree No. 01/1995/ND-CP; Article 8, Decree No. 135/2005/ND-CP |
||
Indicator 1.2: Harvesting forest complies with regulations on environmental protection as required by laws – one of the following documents is required: |
|||||
|
|
S |
Article 12, Decree No. 18/2015/ND-CP |
||
|
|
S |
Article 18, Decree No. 18/2015/ND-CP |
||
Indicator 1.3: Compliance with regulations on archiving harvesting documents – the following documents are required: |
|||||
|
|
S |
Article 6, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-NNPTNT |
||
|
|
S |
Article 6, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-NNPTNT |
||
|
|
S |
Article 6, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-NNPTNT |
||
Indicator 1.4: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 1.5: Timber harvested not subject to place forest hammer marks as regulated in the Indicator 1.4 – the following document is required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 2: Compliance with regulations on main harvesting, salvage harvesting and salvage collection from planted production forests |
|||||
Indicator 2.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
|||||
|
|
S |
No specific legislation prior to 1993 on land allocation |
||
|
|
S |
Articles 48, 49 and 51, Land Law 2003; Articles 100 and 101, Land Law 2013 |
||
|
|
S |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
||
|
|
S |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02/ND-CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
||
|
|
S |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02/ND-CP |
||
|
|
S |
Article 100, Land Law 2013 |
||
|
|
S |
Article 101, Land Law 2013 |
||
|
|
S |
Article 5, Decree No. 01/1995/ND-CP; Article 8, Decree No. 135/2005/ND-CP |
||
Indicator 2.2: Harvesting forest complies with regulations on environmental protection as required by laws – one of the following documents is required: |
|||||
|
|
S |
Article 12, Decree No. 18/2015/ND-CP |
||
|
|
S |
Article 18, Decree No. 18/2015/ND-CP |
||
Indicator 2.3: Compliance with regulations on archiving harvesting documents – the following document is required: |
|||||
|
|
S |
Article 6, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-NNPTNT; |
||
Indicator 2.4: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.5: Timber harvested not subject to forest hammer marks as indicated in Indicator 2.4 – the following document is required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 3: Compliance with regulations on salvage harvesting on natural forest areas converted from forest land use to other land uses |
|||||
Indicator 3.1: Compliance with legal regulations on changing land use from forest use into other uses, environmental protection, site clearance – all the following documents are required: |
|||||
|
|
S |
Article 29, Decree No. 23/2006/ND-CP; Article 8, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
S |
Article 3, Resolution 49; Article 29, Decree No. 23/2006/ND-CP |
||
|
|
|
|
||
|
|
S |
Article 12, Decree No. 18/2015/ND-CP |
||
|
|
S |
Article 18, Decree No. 18/2015/ND-CP |
||
Indicator 3.2: Compliance with regulations on archiving harvesting documents – the following document is required: |
|||||
|
|
S |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 3.3: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 3.4: Timber harvested not subject to forest hammer marks as indicated in Indicator 3.3 – the following document is required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; |
||
Criterion 4: Compliance with regulations on salvage harvesting of natural forest while implementing silvicultural measures, scientific research and training |
|||||
Indicator 4.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
|||||
|
|
S |
No specific legislation prior to 1993 on land allocation |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02/ND-CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
||
|
|
S |
Articles 48, 49 and 51, Land Law 2003; Articles 100 and 101, Land Law 2013 |
||
|
|
S |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
||
|
|
S |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
||
|
|
S |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
||
|
|
S |
Section II, Circular No. 38/2007/TT-BNN |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02/ND-CP |
||
|
|
S |
Article 100, Land Law 2013 |
||
|
|
S |
Article 101, Land Law 2013 |
||
|
|
S |
Article 5, Decree No. 01/1995/ND-CP; Article 8, Decree No. 135/2005/ND-CP |
||
Indicator 4.2: Compliance with legal regulations prior to be permitted for salvage harvesting – one of the following documents is required: |
|||||
|
|
S |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
S |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
S |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 4.3: Compliance with regulations on archiving harvesting documents – the following document is required: |
|||||
|
|
S |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 4.4: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; |
||
Indicator 4.5: Timber harvested not subject to forest hammer marks as indicated in Indicator 4.4 – the following document is required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; |
||
Criterion 5: Compliance with regulations on salvage collection of stump, roots, branches in natural forests |
|||||
Indicator 5.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
|||||
|
|
S |
No specific legislation prior to 1993 on land allocation |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02/ND-CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
||
|
|
S |
Articles 48, 49 and 51, Land Law 2003; Articles 100 and 101, Land Law 2013 |
||
|
|
S |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
||
|
|
S |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
||
|
|
S |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
||
|
|
S |
Section II, Circular No. 38/2007/TT-BNN |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02/ND-CP |
||
|
|
S |
Article 100, Land Law 2013 |
||
|
|
S |
Article 101, Land Law 2013 |
||
|
|
S |
Article 5, Decree No. 01/1995/ND-CP; Article 8, Decree No. 135/2005/ND-CP |
||
Indicator 5.2: Compliance with regulations on archiving harvesting documents – the following document is required: |
|||||
|
|
S |
Article 9, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 5.3: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 5.4: Timber not subject to forest hammer marks as indicated in Indicator 5.3 – the following document is required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; |
||
Criterion 6: Compliance with regulations on salvage collection of stump, roots, branches in plantation forests |
|||||
Indicator 6.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
|||||
|
|
S |
No specific legislation prior to 1993 on land allocation |
||
|
|
S |
Articles 48, 49 and 51, Land Law 2003; Articles 100 and 101, Land Law 2013 |
||
|
|
S |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
||
|
|
S |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02/ND-CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
||
|
|
S |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
||
|
|
S |
Articles 5, 13 and 14, Decree No. 02/ND-CP |
||
|
|
S |
Article 100, Land Law 2013 |
||
|
|
S |
Article 101, Land Law 2013 |
||
|
|
S |
Article 5, Decree No. 01/1995/ND-CP; Article 8, Decree No. 135/2005/ND-CP |
||
Indicator 6.2: Compliance with regulations on archiving harvesting documents – the following document is required: |
|||||
|
|
S |
Article 6, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 6.3: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 6.4: Timber not subject to forest hammer marks as indicated in Indicator 7.3 – the following document is required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 7: Compliance with regulations on harvesting timber from plantations in home gardens, farms and dispersed trees |
|||||
Indicator 7.1: Compliance with regulation on harvesting documents – the following document is required: |
|||||
|
|
S |
Article 7, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 7.2. For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, harvested from plantation forest and timber from rare, precious and endangered timber species forest hammer marks must be placed in accordance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 7.3: Timber harvested are not subject to forest hammer marks as regulated in Indicator 7.2 – the following document is required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 8: Compliance with regulations on harvesting rubber wood |
|||||
Indicator 8.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
|||||
|
|
S |
No specific legislation prior to 1993 on land allocation |
||
|
|
S |
Articles 48, 49 and 51, Land Law 2003; Articles 100 and 101, Land Law 2013 |
||
|
|
S |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
||
|
|
S |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
||
|
|
S |
Article 100, Land Law 2013 |
||
|
|
S |
Article 101, Land Law 2013 |
||
Indicator 8.2: Compliance with regulations on archiving harvesting documents – the following document is required: |
|||||
|
|
D |
Article 7, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
D |
Article 5, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2012/TT-BNNPTNT |
||
PRINCIPLE II: COMPLIANCE WITH REGULATIONS ON HANDLING CONFISCATED TIMBER (HOUSEHOLDS) |
|||||
Criterion 1. Compliance with regulation on archiving documents of handled confiscated timber |
|||||
Indicator 1.1: Compliance with regulations on handled confiscated timber – the following documents are required: |
|||||
|
|
S |
Article 35, Decree No. 17/2010/ND-CP |
||
|
|
S |
Article 46, Decree No. 17/2010/ND-CP |
||
|
|
D |
Article 16, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 16, Circular No. 01/2012/TT-BNNPTNT; |
||
Indicator 1.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm forest hammer marks must be placed on timber products – the following document is required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN, Article 1, Decision No. 107/2007/QD-BNN |
||
PRINCIPLE III: COMPLIANCE WITH REGULATIONS ON IMPORTING TIMBER (HOUSEHOLDS) |
|||||
Criterion 1: Compliance with regulations on customs procedures |
|||||
Indicator 1.1: Compliance with legal regulations on custom procedures – the following documents are required: |
|||||
|
|
D |
Article 24, Customs Law 2014; Article 25, Decree No. 08/2015/ND-CP; Article 10, Circular No. 01/2012/TT-BNNPTNT; Article 16, Circular No. 38/2015/TT-BTC |
||
|
|
D |
To be issued by VN Government |
||
|
|
D |
Article 16, Circular No. 38/2015/TT-BTC |
||
|
|
D |
Article 16, Circular No. 38/2015/TT-BTC |
||
|
|
D |
Article 10, Circular No. 01/2012/BNNPTNT |
||
|
|
|
|
||
|
|
D |
Decree No. 82/2006/ND-CP; Article 5, Decree No. 98/2011/ND-CP; Circular No. 04/2015/TT-BNNPTNT |
||
|
|
D |
To be issued by VN Government |
||
|
|
D |
To be issued by VN Government |
||
|
|
|
|
||
|
|
D |
To be issued by VN Government |
||
|
|
D |
To be issued by VN Government |
||
|
|
D |
To be issued by VN Government |
||
Criterion 2: Compliance with regulations on plant quarantine and forest hammer mark |
|||||
Indicator 2.1: Compliance with regulations on plant quarantine for timber and timber products – the following document is required: |
|||||
|
|
D |
Article 1, Circular No. 30/2014/TT-BNNPTNT; Article 7, Circular No. 33/2014/TT-BNNPTNT |
||
Indicator 2.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, hammer marks or other special signs of exporting countries must be placed; otherwise, forest hammer marks must be placed in accordance with regulations – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
PRINCIPLE IV: COMPLIANCE WITH REGULATIONS ON TIMBER TRANSPORTATION AND TRADE (HOUSEHOLDS) |
|||||
Criterion 1. Compliance with regulations on transporting, trading unprocessed timber that are main harvesting, salvage harvesting and salvage collection from domestic natural forests |
|||||
Indicator 1.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
|||||
|
|
D |
Article 12, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 12, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 1.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm forest hammer marks must be placed – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
Criterion 2. Compliance with regulations on transporting, trading unprocessed timber that are harvested from concentrated plantation forests, home gardens, farms, scattered trees |
|||||
Indicator 2.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
|||||
|
|
D |
Article 13, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 13, Circular No. 01/2012/TT-BNNPTNT; |
||
Indicator 2.2: For timber from rare, precious, and endangered timber species harvested in plantation forests, round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from, forest hammer marks must be placed – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
Criterion 3: Compliance with regulations on transporting and trading imported timber and timber products that are not domestically processed |
|||||
Indicator 3.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
|||||
|
|
D |
Article 14, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 14, Circular No. 01/2012/TT-BNNPTNT; |
||
Indicator 3.2. For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m which is not marked with forest hammer marks or special sign of exporting countries Viet Nam forest hammer marks shall be placed – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
Criterion 4: Compliance with regulations on transporting and trading unprocessed confiscated timber and timber products that have been handled |
|||||
Indicator 4.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
|||||
|
|
D |
Article 16, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 16, Circular No. 01/2012/TT-BNNPTNT; |
||
Indicator 4.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm forest hammer marks must be placed – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
Criterion 5: Compliance with regulations on transporting and trading of processed timber and timber products (including round timber cross-cutting) from natural timber, imported timber and handled confiscated timber |
|||||
Indicator 5.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
|||||
|
|
D |
Article 17, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 17, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 5.2: Round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m must be marked with forest hammer marks – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
Criterion 6: Compliance with regulations on transporting and trading of processed timber and timber products (including round timber cross-cutting) from concentrated plantation forests |
|||||
Indicator 6.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
|||||
|
|
D |
Article 17, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 17, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 6.2. Round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m must be marked with forest hammer marks – the following documents are required |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
||
Criterion 7. Compliance with regulations on timber product dossier for verification for export |
|||||
Indicator 7.1: Compliance with regulations on legal timber product dossier for verification for export – the following documents are required: |
|||||
|
|
D |
To be issued by VN Government |
||
|
|
D |
Circular No. 38/2015/TT-BTC |
||
|
|
D |
Article 5, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
|
||
PRINCIPLE V: COMPLIANCE WITH REGULATIONS ON TIMBER PROCESSING (HOUSEHOLDS) |
|||||
Criterion 1. Compliance with regulations on timber processing facilities |
|||||
Indicator 1.1: Compliance with regulations on fire prevention and firefighting – the following document is required: |
|||||
|
|
S |
Article 15 and Annex 4, Decree No. 79/2014/ND-CP |
||
Indicator 1.2: Compliance with regulation on safety and hygiene – the following is required: |
|||||
|
|
S |
Labour Code 2012: Chapter IX, Clause 1 Article 137, Article 138, Labour Code 10/2012/QH 13 |
||
Criterion 2: Compliance with regulations on the legal origin of timber which are going to be processed |
|||||
Indicator 2.1: Compliance with regulations on legal timber dossier for timber harvested from forests of Households – the following document is required: |
|||||
|
|
D |
Article 20, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.2: Compliance with regulations on legal timber dossier for timber purchased from Organisations – the following documents are required: |
|||||
|
|
D |
Article 20, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
|
|
D |
Article 20, Circular No. 01/2012/TT-BNNPTNT, Article 1, Circular No. 40/2015/TT-BNNPTNT |
||
Indicator 2.3: Compliance with regulations on legal timber dossier for timber purchased from Households – the following document is required: |
|||||
|
|
D |
Article 20, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.4: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m harvested in natural forests and timber from rare, precious and endangered timber species harvested in plantation forests, imported timber without forest hammer marks or special signs of exporting countries, and handled confiscated timber forest hammer marks must be placed – the following documents are required: |
|||||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
||
PRINCIPLE VI: COMPLIANCE WITH REGULATIONS ON CUSTOMS PROCEDURES FOR EXPORT (HOUSEHOLDS) |
|||||
Criterion 1: Compliance with regulations on customs procedures |
|||||
Indicator 1.1: Compliance with regulations on legal export dossier – the following documents are required: |
|||||
|
|
D |
Article 24, Customs Law 2014; Article 25, Decree No. 08/2015/ND-CP; Article 16, Circular No. 38/2015/TT-BTC |
||
|
|
D |
To be issued by VN Government |
||
|
|
D |
To be issued by VN Government |
||
|
|
D |
Article 5, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
D |
Article 8, Circular No. 04/2015/TT-BNNPTNT; Article 16, Circular No. 38/2015/TT-BTC |
||
|
|
D |
To be issued by VN Government |
||
Criterion 2: Compliance with regulations on plant quarantine |
|||||
Indicator 2.1: Compliance with regulations on plant quarantine for timber and timber products – the following document is required: |
|||||
|
|
D |
Article 1, Circular No. 30/2014/TT-BNNPTNT; Article 10, Circular No. 33/2014/TT-BNNPTNT |
||
PRINCIPLE VII: COMPLIANCE WITH REGULATIONS ON TAX (HOUSEHOLDS) |
|||||
Criterion 1: Compliance with regulations on tax |
|||||
Indicator 1.1: Compliance with regulations on tax declaration, registration and payment: |
|||||
|
|
S |
Article 70, Circular No. 156/2013/TT-BTC; Document 815/TCT-KK |
ANNEX III
CONDITIONS GOVERNING THE RELEASE FOR FREE CIRCULATION IN THE UNION OF TIMBER PRODUCTS EXPORTED FROM VIET NAM AND COVERED BY A FLEGT LICENCE
I. Lodging of the licence
II. Checks concerning the validity of licence documentation
III. Requests for additional information
IV. Verification of the conformity of the licence with the shipment
V. Verification prior to the arrival of the shipment
VI. Other matters
VII. Release for free circulation
ANNEX IV
FLEGT LICENSING SCHEME
1. General requirements and provisions for FLEGT licences
2. Technical specifications with regard to paper-based FLEGT licences
3. Copies of FLEGT licences
4. Licensing requirements for timber subject to the provisions of CITES
5. Licensing procedures
5.1. Licensing Authority
5.2. Timber product dossier for FLEGT licensing
5.3. Licensing steps
Step 1: Application receipt
Step 2: Application review
Figure 1: FLEGT licensing procedure
Step 3: Licensing decision
6. Validity, withdrawal and replacement of FLEGT licences
6.1. Validity and extension of validity of FLEGT licences
6.2. Withdrawal of FLEGT licences
6.3. Replacement of FLEGT licences
6.4. FLEGT licence re-application
7. Management of violations related to FLEGT licensing
8. Responsibility of the Licensing Authority
APPENDIX
FLEGT LICENCE FORM
Template 1: FLEGT licence form
Template 2: Form for the authorised attachment
Notes for guidance on FLEGT licence
Box |
Specification |
Meaning |
1 |
Issuing authority |
Indicate the full name and address of the Licensing Authority. |
2 |
Information for use by Viet Nam: Importer |
Indicate the full name and address of the importer. |
3 |
FLEGT licence number |
Indicate clearly the licence number in the required format. |
4 |
Date of expiry |
Indicate clearly the expiry date of licence. |
5 |
Country of export |
This refers to the partner country from where the timber products were exported to the Union. |
6 |
ISO code |
Indicate the two-letter code for the partner country referred to in Box 5. |
7 |
Means of transport |
Indicate the means of transport at the point of export. |
8 |
Licensee |
Indicate the name and address of the exporter. |
9 |
Commercial description of timber products |
Indicate the commercial description of the timber product(s). |
10 |
HS heading and description |
Give the four-digit or the six-digit commodity code established pursuant to the Harmonised Commodity Description and Coding System. |
11 |
Common and scientific names |
Indicate the common and scientific names of the species of timber used in the product. Where more than one species is included in a composite product, use a separate line. May be omitted for a composite product or component that contains multiple species whose identity has been lost (e.g. particle board). |
12 |
Countries of harvest |
Indicate the countries where the species of timber referred to in Box 10 was harvested. For a composite product, include for all sources of wood used. May be omitted for a composite product or component that contains multiple species whose identity has been lost (e.g. particle board). |
13 |
ISO code |
Indicate the ISO code of the countries referred to in box 12. May be omitted for a composite product or component that contains multiple species whose identity has been lost (e.g. particle board). |
14 |
Volume |
Give the overall volume in m3. May be omitted unless the information referred to in box 15 has been omitted. |
15 |
Net weight |
Give the overall weight in kg. This is defined as the net mass of the timber products without immediate containers or any packaging, other than bearers, spacers, stickers etc. May be omitted unless the information referred to in box 14 has been omitted. |
16 |
Number of units |
Indicate the number of units, where a manufactured product is best quantified in this way. May be omitted. |
17 |
Distinguishing marks |
Indicate any distinguishing marks where appropriate (e.g. lot number, bill of lading number). May be omitted. |
18 |
Signature and stamp of issuing authority |
The box shall be signed by the authorised official and stamped with the official stamp of the licensing authority. The place and data shall also be indicated. |
ANNEX V
VIET NAM TIMBER LEGALITY ASSURANCE SYSTEM
(VNTLAS)
1. INTRODUCTION
2. SCOPE OF APPLICATION
2.1 Timber sources
2.1.1 Timber sources controlled by the VNTLAS
2.1.2 Timber in transit
2.2 Scope of control
2.2.1 Definition of Organisations and Households
2.2.2 Definition of government agencies
2.2.3 Definition of the Verification Authority and verification entities
2.3 Recognition by the VNTLAS of voluntary certification and national certification schemes
3. LEGALITY DEFINITION
3.1 Structure and content of the Legality Definition
Principle and types of verifiers |
Responsible agencies |
PRINCIPLE I: HARVESTING OF DOMESTIC TIMBER COMPLIES WITH REGULATIONS ON LAND USE RIGHTS, FOREST USE RIGHTS, MANAGEMENT, ENVIRONMENT AND SOCIETY |
|
Land use rights and forest use rights |
Province, District and Commune Peoples Committee; Department of Natural Resources and Environment; Department of Agriculture and Rural Development |
Business/enterprise registration |
Department of Planning and Investment; management boards of industry parks / export processing zones |
Sustainable forest management |
Department of Agriculture and Rural Development |
Environmental regulation |
Province, District and Commune Peoples Committee; Department of Natural Resources and Environment |
Conversion of forest land use to other uses |
Province and District Peoples Committee |
Supply chain control |
Forest Protection agencies; Commune Peoples Committee |
PRINCIPLE II: COMPLIANCE WITH REGULATIONS ON HANDLING CONFISCATED TIMBER |
|
Handling and auction of confiscated assets |
Ministry of Finance; Province and District Peoples Committee |
Supply chain control |
Forest Protection agencies |
PRINCIPLE III: COMPLIANCE WITH REGULATIONS ON IMPORTING TIMBER |
|
Customs procedures and regulation |
Ministry of Finance / General Department of Customs; border customs authorities |
CITES permits |
CITES Management Authority |
Plant quarantine |
Department of Agriculture and Rural Development; border customs authorities |
Supply chain control |
Forest Protection agencies |
Import – export timber trade regulation |
Ministry of Industry and Trade |
PRINCIPLE IV: COMPLIANCE WITH REGULATIONS ON TIMBER TRANSPORTATION AND TRADE |
|
Business/enterprise registration |
Department of Planning and Investment; management boards of industry parks / export processing zones |
Supply chain control |
Forest Protection agencies; Commune Peoples Committee |
Domestic timber trade regulation |
Ministry of Industry and Trade |
PRINCIPLE V: COMPLIANCE WITH REGULATIONS ON TIMBER PROCESSING |
|
Business/enterprise registration |
Department of Planning and Investment; management boards of industry parks / export processing zones |
Environmental regulation |
Province, District and Commune Peoples Committee; Department of Natural Resources and Environment |
Fire prevention and fire fighting |
Province fire police |
Supply chain control |
Forest Protection agencies |
Processing industry regulation |
Ministry of Industry and Trade |
PRINCIPLE VI: COMPLIANCE WITH REGULATIONS ON CUSTOMS PROCEDURES FOR EXPORT |
|
Customs procedures and regulation |
Ministry of Finance / General Department of Customs; border customs authorities |
CITES permits |
CITES Management Authority |
Plant quarantine |
Department of Agriculture and Rural Development; border customs authorities |
Supply chain control |
Forest Protection agencies |
Import – export timber trade regulation |
Ministry of Industry and Trade |
PRINCIPLE VII (ORGANISATIONS): COMPLIANCE WITH REGULATIONS ON TAX AND EMPLOYEES PRINCIPLE VII (HOUSEHOLDS): COMPLIANCE WITH REGULATIONS ON TAX |
|
Tax regulation |
Ministry of Finance / General Department of Taxation; Province Department of Taxation |
Labour, health and safety regulation |
Department of Labour, Invalids and Social Affairs; Work place Unions of the General Confederation of Labour |
Social insurance |
Viet Nam Social Insurance |
4. DEVELOPMENT, VERIFICATION AND APPROVAL OF VERIFIERS AT ALL STAGES OF THE SUPPLY CHAIN
4.1 Definition of verifiers
4.1.1 Static verifiers
4.1.2 Dynamic verifiers
4.2 Development of verifiers
4.3 Verification and approval/certification of verifiers
4.4 Responsibilities of relevant actors
4.4.1 Responsibilities of Organisations
4.4.2 Responsibilities of Households
4.4.3 Responsibilities of government agencies
5. ORGANISATION CLASSIFICATION SYSTEM AND RISK-BASED VERIFICATION
5.1 Purpose of the Organisation Classification System
5.2 Criteria and risk categories
Criteria |
Organisations Risk Category and minimum criteria for acceptance |
|||
Category 1 |
Category 2 |
|||
|
Fully compliant |
Any non-compliance |
||
|
Fully compliant |
Failure to submit declarations and reports in accordance with legal requirement |
||
|
Fully compliant |
Non-compliance |
||
|
No record of violations and sanctions |
Any record of violations and sanctions |
||
|
|
Newly established Organisations |
5.3 Implementation of the Organisation Classification System
Figure 2. OCS procedure, methodology and responsibilities
5.3.1 Self-assessment and appraisal procedure and frequency
Procedure |
Frequency/Timescale |
||||||||||
|
Registration with the OCS system |
All Organisations in the VNTLAS supply chain must register with the OCS. |
|||||||||
Self-assessment / self-reassessment by Organisations |
|
||||||||||
Appraisal of self-assessment by the Provincial FPD or other entities authorised by the government and notification of appraisal results to the Central FPD |
Appraisal (after receiving self-assessment of Organisations) to be carried out within a specified period of time to be determined in future OCS legislation. |
||||||||||
|
Decision and announcement of classification result by the Central FPD |
Decision (after receiving appraisal results) to be announced within a specified period of time to be determined in future OCS legislation. |
|||||||||
|
Where Organisations are subject to any administrative or criminal non-compliance and violations |
The Central FPD shall automatically reclassify Category 1 to Category 2 and announce the reclassification results. |
5.3.2 Classification results
5.4 Responsibilities of relevant actors
5.4.1 Responsibilities of Organisations
5.4.2 Responsibilities of government agencies
6. SUPPLY CHAIN CONTROL
6.1 Overview
6.2 Critical control points in the VNTLAS supply chain
6.3 Verification of timber sources entering the VNTLAS
6.3.1 Timber from main harvesting of domestic natural forest (critical control point 1a)
6.3.2 Timber from planted production and protection forests (critical control points 1c and 1d)
6.3.3 Timber from salvage harvesting and salvage collection (critical control points 1b, 1c and 1d)
6.3.4 Timber from home gardens, farms and dispersed trees (critical control point 1e(2))
6.3.5 Rubber wood from domestic sources (critical control points 1e(1) and 1e(2))
6.3.6 Handled confiscated timber (critical control point 1f)
6.3.7 Imported timber (critical control point 1g)
6.3.7.1 Due diligence and self-declaration requirements for importers
6.3.7.2 Handling of violations
6.3.7.3 Customs risk assessment system
6.3.7.4 Species risk categories
6.3.7.5 Risk associated with geographic origin of imported timber
6.3.7.6 Risk-based control and management of imported timber
No |
Risk status of the shipment |
Verification measures based on the risk status of the shipment |
|
Species risk category |
Geographic origin risk category |
Additional documentation |
|
1 |
Low |
Low |
No |
2 |
Low |
High |
Yes |
3 |
High |
Low |
Yes |
4 |
High |
High |
Yes |
Figure 3. VNTLAS: Chart of timber import controls
6.4 Verification of timber at stages in the VNTLAS supply chain
6.5 Supply chain reporting requirements
6.6 Responsibilities of relevant actors
6.6.1 Responsibilities of Organisations and Households
6.6.2 Responsibilities of government agencies
7. VERIFICATION FOR EXPORT
7.1 General principles for the verification for export
7.1.1 Verification for export for Category 1 Organisations
Figure 4. Verification for export – Category 1 Organisations
Figure 5. Verification for export – Category 2 Organisations and Households
7.1.2 Verification for export for Category 2 Organisations
7.1.3 Verification for export for Households/individuals
7.2 Suspicion of risk and physical checks
8. FLEGT LICENSING
9. INTERNAL INSPECTION, COMPLAINTS AND FEEDBACK MECHANISMS
9.1 Internal inspection
9.2 Complaints, denunciations and feedback mechanisms
10. INDEPENDENT EVALUATION
11. MANAGEMENT OF VIOLATIONS
11.1 Management of violations
11.2 Record of violations
11.2.1 Database of violations of the Law on Forest Protection and Development
11.2.2 Databases of violations of other government agencies
12. DATA MANAGEMENT AND STORAGE
12.1 VNTLAS databases
12.2 Data-management and storage responsibilities
12.2.1 Responsibilities of Organisations and Households
12.2.2 Responsibilities of the Provincial FPD
12.2.3 Responsibilities of other local government agencies
12.2.4 Responsibilities of the Central FPD
12.2.5 Responsibilities of the Licensing Authority
12.2.6 Responsibilities of other central government agencies
13. INSTITUTIONAL DEVELOPMENT FOR VNTLAS IMPLEMENTATION
14. JOINT IMPLEMENTATION COMMITTEE
Figure 6. VNTLAS data management and storage
APPENDIX 1A
DEVELOPMENT, VERIFICATION AND APPROVAL OF LEGALITY VERIFIERS FOR ORGANISATIONS
PRINCIPLE I: HARVESTING OF DOMESTIC TIMBER COMPLIES WITH REGULATIONS ON LAND USE RIGHTS, FOREST USE RIGHTS, MANAGEMENT, ENVIRONMENT AND SOCIETY (ORGANISATIONS) |
||||||||
Criterion Indicator |
Verifiers |
Prepared by |
Approved or certified by |
Legal reference for verifiers |
Checked by |
Legal reference for checking |
||
Criterion 1: Compliance with regulations on main harvesting of natural forest timber |
||||||||
Indicator 1.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
||||||||
|
|
|
|
No specific legislation prior to 1993 on land allocation |
Provincial Department of Agriculture and Rural Development (DARD) |
No specific legislation prior to 1993 on land allocation |
||
|
|
Consulting agency, forest ranger |
Provincial People's Committee (PC), district PC for the area of below 100 ha |
Articles 5, 13 and 14, Decree No. 02. CP; Articles 16 and 17, Decree No. 163/1999/ND-CP |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Provincial Department of Natural Resources and Environment |
Provincial PC |
Articles 48, 49, and 51, Land Law 2003; Article 102, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Provincial Department of Natural Resources and Environment |
Provincial PC |
Articles 32, 33, and 34, Land Law 2003; Articles 53, 54, and 55, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Provincial Department of Natural Resources and Environment |
Provincial PC |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Provincial Department of Natural Resources and Environment |
Provincial PC |
Articles 5, 9, and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Provincial Department of Agriculture and Rural Development |
Provincial PC |
Section II Circular No. 38/2007/TT-BNN |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 1.2: Having legal status for harvesting forest – one of the following documents is required: |
||||||||
|
|
Provincial business registration division |
Provincial business registration division |
Articles 28 and 29, Enterprise Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/ TT-BNNPTNT |
||
|
|
Provincial Department of Planning and Investment |
Provincial PC |
Article 36, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/ TT-BNNPTNT |
||
|
|
Management board of industrial parks, export processing zones |
Management board of industrial parks, export processing zones |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005; Article 74, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/ TT-BNNPTNT |
||
Indicator 1.3: Having approved Sustainable Forest Management Plan – the following document is required: |
||||||||
|
|
Forest owner or consulting agency hired by forest owner |
Provincial DARD |
Article 11 Circular No. 38/2014/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 1.4: Compliance with regulations on archiving harvesting documents, all the following documents are required: |
||||||||
|
|
Forest owner or consulting agency hired by forest owner |
Provincial DARD |
Article 22 Circular No. 87/2009/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Forest owner or consulting agency hired by forest owner |
Provincial DARD |
Article 21, Circular No. 87/2009/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Forest owner or consulting agency hired by forest owner |
Provincial DARD |
Article 14, Circular No. 87/2009/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial DARD |
Article 24, Circular No. 87/2009/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Functional division of provincial DARD |
Provincial DARD |
Article 25, Circular No. 87/2009/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Functional division of provincial DARD |
Provincial DARD |
Article 4, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies and forest owner |
Local forest protection agencies |
Article 4, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 1.5: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, forest hammer marks must be placed on the timber products – the following documents are required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 1.6: Timber harvested not subject to forest hammer marking as required in Indicator 1.5 – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Local forest protection agencies |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 1.7: Harvesting forest complies with regulations on environmental protection, one of the following documents is required: |
||||||||
|
|
Appraisal council or eligible appraisal organisation |
Provincial PC, line Ministry |
Article 12, Decree No. 18/2015/ ND-CP |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Forest owner or harvesting unit |
District PC |
Article 18, Decree No. 18/2015/ ND-CP |
|
|
||
Criterion 2: Compliance with regulations on main harvesting, salvage harvesting and salvage collection from planted protection forests |
||||||||
Indicator 2.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
||||||||
|
|
|
|
No specific legislation prior to 1993 on land allocation |
Provincial DARD |
No specific legislation prior to 1993 on land allocation |
||
|
|
Consulting agency, forest ranger |
Provincial PC |
Articles 5, 13 and 14, Decree No. 02. CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Articles 48, 49 and 51, Land Law 2003; Article 102, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Articles 32, 33, 34 and 35 Land Law 2003; Article 53, 54, 55 Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Section II, Circular No. 38/2007/TT-BNN |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 2.2: Having legal status for harvesting forest – one of the following documents are required: |
||||||||
|
|
Provincial business registration division |
Provincial business registration division |
Article 28 and 29, Enterprise Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Provincial Department of Planning and Investment |
Provincial PC |
Article 36, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Management board of industrial parks, export processing zones |
Management board of industrial parks, export processing zones |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005; Article 74, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.3: Harvesting forest complies with regulations on environmental protection – one of the following documents is required: |
||||||||
|
|
Appraisal council or eligible appraisal organisation |
Provincial PC, line Ministry |
Article 12, Decree No. 18/2015/ND-CP |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Forest owner or harvesting designing unit |
District PC |
Article 18, Decree No. 18/2015/ND-CP |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.4: Compliance with regulations on archiving harvesting documents – all the following documents are required: |
||||||||
|
|
Forest owner or harvesting designing unit |
Provincial DARD for forest owner under province; Line managing agencies for forest owner not under province |
Article 6, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Forest owner or harvesting designing unit |
Provincial DARD for forest owner under province; Line managing agencies for forest owner not under province |
Article 6, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Functional division of provincial DARD for forest owner under province; In line managing agency for forest owner not under province |
Provincial DARD for forest owner under province; Line managing agencies for forest owner not under province |
Article 6, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.5: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.6: Timber harvested not subject to forest hammer marks as required in Indicator 2.5, the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Forest owner or harvesting unit |
Article 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 3: Compliance with regulations on main harvesting, salvage harvesting and salvage collection from planted production forests |
||||||||
Indicator 3.1: Compliance with legal regulations on land use right and forest use right - one of the following documents is required: |
||||||||
|
|
Department of Natural Resources and Environment |
Government, Ministries, Provincial PC |
No specific legislation prior to 1993 on land allocation |
Provincial DARD |
No specific legislation prior to 1993 on land allocation |
||
|
|
Consulting agency |
Provincial PC |
Articles 48, 49 and 51, Land Law 2003; Article 102, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Department of Natural Resources and Environment |
Government, Provincial PC |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency, forest ranger |
Provincial PC |
Articles 5, 13 and 14, Decree No. 02. CP; Article 9, 12 and 17, Decree No. 163/1999/ND-CP |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Provincial Department of Natural Resources and Environment |
Provincial PC |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 3.2: Having legal status for harvesting forest – one of the following documents is required: |
||||||||
|
|
Provincial business registration division |
Provincial business registration division |
Articles 28 and 29, Enterprise Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Provincial Department of Planning and Investment |
Provincial PC |
Article 36, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Management board of industrial parks, export processing zones |
Management board of industrial parks, export processing zones |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005; Article 74, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 3.3: Harvesting forest complies with legal regulations on environmental protection – one of the following documents is required: |
||||||||
|
|
Appraisal council or eligible appraisal organisation |
Provincial PC, Line Ministry |
Article 12, Decree No. 18/2015/ ND-CP |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
|
|
Article 18, Decree No. 18/2015/ND-CP |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 3.4: Compliance with regulations on archiving harvesting documents – the following document is required: |
||||||||
|
|
Forest owner |
Communal PC |
Article 6(1b), Circular No. 21/2016/TT-BNNPTN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 3.5: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 3.6: Timber harvested not subject to forest hammer marks as required in Indicator 3.5 – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Forest owner or harvesting unit |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 4: Compliance with regulations on salvage harvesting of natural forested areas converted from forest land use to other land uses. |
||||||||
Indicator 4.1: Compliance with legal regulations on changing land use from forest use into other uses, environmental protection, site clearance – all the following documents are required: |
||||||||
|
|
District compensation board for site clearance |
District or Communal PC |
Article 29, Decree No. 23/2006/ND-CP; Article 8, Circular No. 21/2016/TT-BNNPTNT |
Local forest protection agencies |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Provincial Department of Natural Resources and Environment |
Provincial PC, Line Ministry |
Article 3, Resolution 49; Article 29, Decree No. 23/2006/ND-CP |
Local forest protection agencies |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
|
|
|
|
|
||
|
|
Provincial Department of Natural Resources and Environment |
Provincial PC, line Ministry |
Article 29, Decree No. 23/2006/ND-CP; Article 12, Decree No. 18/2015/ND-CP |
Local forest protection agencies |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Forest owner or harvesting unit |
District PC |
Article 18, Decree No. 18/2015/ ND-CP |
Local forest protection agencies |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 4.2: Having legal status for harvesting forest – one of the following documents is required: |
||||||||
|
|
Provincial business registration division |
Provincial business registration division |
Articles 28 and 29, Enterprises Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Provincial Department of Planning and Investment |
Provincial PC |
Article 36, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Management board of industrial parks, export processing zones |
Management board of industrial parks, export processing zones |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005; Article 74, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 4.3: Compliance with regulations on archiving harvesting documents – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Provincial DARD |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 4.4: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, harvested in natural forests; and for round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species harvested in plantation forests forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9 Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 4.5: Timber harvested not subject to forest hammer marks as required in Indicator 4.4 – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency for natural timber; forest owner or harvesting unit for plantation timber |
Article 7, 8 Decision No. 44/2006/QD-BNN; Article 9 Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 5: Compliance with regulations on salvage harvesting of natural forest while implementing sivilculture measures, scientific researches and training |
||||||||
Indicator 5.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
||||||||
|
|
|
Government, Ministries, Provincial PC |
No specific legislation prior to 1993 on land allocation |
Provincial DARD |
No specific legislation prior to 1993 on land allocation |
||
|
|
Consulting agency, forest ranger |
Provincial PC |
Articles 5, 13 and 14, Decree No. 02. CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Articles 48, 49 and 51, Land Law 2003; Article 102, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Government, Provincial PC |
Articles 32, 33, 34 and 35, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Section II, Circular No. 38/2007/TT-BNN |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 5.2: Having legal status for harvesting forest – one of the following documents is required: |
||||||||
|
|
Provincial business registration division |
Provincial business registration division |
Articles 28 and 29, Enterprise Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Provincial Department of Planning and Investment |
Provincial PC |
Article 36, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Management board of industrial parks, export processing zones |
Management board of industrial parks, export processing zones |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005; Article 74, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 5.3: Compliance with legal regulations prior to be permitted for salvage harvesting – one of the following documents is required: |
||||||||
|
|
Forest owner |
Competent authorities |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Training unit |
Line agencies |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Research unit |
Line agencies |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 5.4: Compliance with regulations on archiving harvesting documents – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Forest owner |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 5.5: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, harvested in natural forests and for round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species harvested in plantation forests forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Forest owner or consulting agency |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 5.6: Timber harvested not subject to forest hammer marks as required in Indicator 5.5 – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency for natural timber; forest owner or harvesting unit for plantation timber |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 6: Compliance with regulations on salvage collection of stump, roots, branches in natural forests |
||||||||
Indicator 6.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
||||||||
|
|
|
Government, Ministries, Provincial PC |
No specific legislation prior to 1993 on land allocation |
Provincial DARD |
No specific legislation prior to 1993 on land allocation |
||
|
|
Consulting agency, forest ranger |
Provincial PC |
Articles 5, 13 and 14, Decree No. 02. CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Articles 48, 49 and 51, Land Law 2003; Article 102, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Government, Provincial PC |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Articles 5,9 and 11, Circular No. 07/2011/ TTLT-BNNPTNT-BTNMT |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Section II, Circular No. 38/2007/TT-BNN |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 6.2: Having legal status for harvesting forest - one of the following documents is required: |
||||||||
|
|
Provincial business registration division |
Provincial business registration division |
Articles 28 and 29, Enterprise Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Provincial Department of Planning and Investment |
Provincial PC |
Article 36, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Management board of industrial parks, export processing zones |
Management board of industrial parks, export processing zones |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005; Article 74, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 6.3: Compliance with regulations on archiving harvesting documents – the following document is required: |
||||||||
|
|
Forest owner or harvesting designing unit |
Provincial DARD |
Article 9, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 6.4: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest department agency |
Articlea 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest department agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 6.5: Timber harvested not subject to forest hammer marks as required in Indicator 6.4 – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 7: Compliance with regulations on salvage collection of stump, roots, branches in plantation forests |
||||||||
Indicator 7.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
||||||||
|
|
|
Government, Ministries, Provincial PC |
No specific legislation prior to 1993 on land allocation |
Provincial DARD |
No specific legislation prior to 1993 on land allocation |
||
|
|
Consulting agency |
Provincial PC |
Articles 48, 49 and 51, Land Law 2003; Article 102, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
Provincial DARD |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 7.2: Having legal status for harvesting forest – one of the following documents is required: |
||||||||
|
|
Provincial business registration division |
Provincial business registration division |
Articles 28 and 29, Enterprise Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Provincial Department of Planning and Investment |
Provincial PC |
Article 36, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Management board of industrial parks, export processing zones |
Management board of industrial parks, export processing zones |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005; Article 74, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 7.3: Complying with regulations on archiving harvesting documents – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Forest owner or harvesting unit |
Article 6, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 7.4: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest department agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest department agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 7.5: Harvested timber not subject to forest hammer marks as required in Indicator 7.4 – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Forest owner or harvesting unit |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 8: Compliance with regulations on harvesting rubber wood |
||||||||
Indicator 8.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
||||||||
|
|
|
Government, Ministries, Provincial PC |
No specific legislation prior to 1993 on land allocation |
Communal PC |
No specific legislation prior to 1993 on land allocation |
||
|
|
Consulting agency |
Provincial PC |
Articles 48, 49 and 51, Land Law 2003; Article 102, Land Law 2013 |
Communal PC |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Government, Provincial PC |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
Communal PC |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
Consulting agency |
Provincial PC |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
Communal PC |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
|
|
Articles 5, 13 and 14, Decree No. 02. CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
Communal PC |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
|
|
|
|
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
Communal PC |
Article 3, Circular No. 21/2016/TT-BNNPTNT |
||
Indicator 8.2: Having legal status for harvesting forest – one of the following documents is required: |
||||||||
|
|
Provincial business registration division |
Provincial business registration division |
Articles 28 and 29, Enterprise Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Provincial Department of Planning and Investment |
Provincial PC |
Article 36, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Management board of industrial parks, export processing zones |
Management board of industrial parks, export processing zones |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005; Article 74, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 8.3: Complying with regulations on archiving harvesting documents, –the following documents are required: |
||||||||
|
|
Timber owner |
Timber owner |
Article 7, Circular No. 21/2016/TT-BNNPTNT |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Communal PC |
Article 5, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2012/TT-BNNPTNT |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
PRINCIPLE II: COMPLIANCE WITH REGULATIONS ON HANDLING CONFISCATED TIMBER (ORGANISATIONS) |
||||||||
Criterion 1. Compliance with regulation on archiving documents of handled confiscated timber |
||||||||
Indicator 1.1: Compliance with regulations on handled confiscated timber – the following documents are required: |
||||||||
|
|
Auction Organisation or Timber auction council |
Auction Organisation or Timber auction council |
Article 35, Decree No. 17/2010/ND-CP |
Local forest protection agencies |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Auction Organisation or Timber auction council |
Auction Organisation or Timber auction council |
Article 46, Decree No. 17/2010/ND-CP |
Local forest protection agencies |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Auction Organisation or Timber auction council |
Auction Organisation or Timber auction council |
Article 16, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Local forest protection agencies |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Auction Organisation or Timber auction council |
Auction Organisation or Timber auction council |
Article 16, Circular No. 01/2012/TT-BNNPTNT |
Local forest protection agencies |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 1.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm forest hammer marks must be placed on the timber products – the following document is required: |
||||||||
|
|
Local forest protection agency |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN, Article 1, Decision No. 107/2007/QD-BNN |
Local forest protection agency |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
PRINCIPLE III: COMPLIANCE WITH REGULATIONS ON IMPORTING TIMBER (ORGANISATIONS) |
||||||||
Criterion 1: Compliance with regulations on customs procedures |
||||||||
Indicator 1.1: Compliance with legal regulations on custom procedures – the following documents are required: |
||||||||
|
|
Importers |
Border Customs Authorities |
Article 24, Customs Law 2014; Article 25, Decree No. 08/2015/ND-CP; Article 10, Circular No. 01/2012/TT-BNNPTNT; Article 16, Circular No. 38/2015/TT-BTC |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
Exporters |
Border Customs Authorities |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
Exporters |
Exporters |
Article 16, Circular No. 38/2015/TT-BTC |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
Transportation agencies |
Transportation agencies |
Article 16, Circular No. 38/2015/TT-BTC |
Border Customs Authorities |
Section 3 Circular No. 38/2015/TT-BTC |
||
|
|
Exporters |
Exporters |
Article 10, Circular No. 01/2012/BNNPTNT |
Border Customs Authorities |
Section 3 Circular No. 38/2015/TT-BTC |
||
|
|
|
|
|
|
|
||
|
|
Organisations in country of export |
CITES MA in country of export |
Decree No. 82/2006/ND-CP; Article 5, Decree No. 98/2011/ND-CP; Circular No. 04/2015/TT-BNNPTNT |
Border Customs Authorities |
Section III, Circular No. 38/2015/TT-BTC |
||
|
|
FLEGT Licensing Authority in country of export |
Customs authorities in country of export |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
Importers |
Border Customs Authorities; FPD |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
|
|
|
|
|
||
|
|
Organisations in country of export |
Border Customs Authorities; FPD |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
Relevant authorities in country of export |
Border Customs Authorities; FPD |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
Organisations and/or relevant authorities in country of export |
Border Customs Authorities; FPD |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
Criterion 2: Compliance with regulations on plant quarantine and forest hammer mark |
||||||||
Indicator 2.1: Compliance with regulations on plant quarantine for timber and timber products V the following document is required: |
||||||||
|
|
Importers |
Viet Nam's plant quarantine authorities |
Article 1, Circular No. 30/2014/TT-BNNPTNT; Article 7, Circular No. 33/2014/TT-BNNPTNT |
Border Customs Authorities |
Section 3 Circular No. 38/2015/TT-BTC |
||
Indicator 2.2: Round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m must be marked with hammer marks or other special signs of exporting countries; otherwise, forest hammer marks must be placed in accordance with regulations – the following documents are required: |
||||||||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels (central, provincial, district levels) |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Importers |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels (central, provincial, district levels) |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
PRINCIPLE IV: COMPLIANCE WITH REGULATIONS ON TIMBER TRANSPORTATION AND TRADE (ORGANISATIONS) |
||||||||
Criterion 1. Compliance with regulations on enterprises establishment |
||||||||
Indicator 1.1: Obtained legal status – one of the following documents is required: |
||||||||
|
|
Provincial business registration division |
Provincial business registration division |
Articles 28 and 29, Enterprise Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Provincial Department of Planning and Investment |
provincial PC |
Article 36, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Management board of industrial parks, export processing zones |
Management board of industrial parks, export processing zones |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005; Article 74, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 2. Compliance with regulations on transporting, trading unprocessed timber that are main harvesting, salvaged harvesting and salvaged collection from domestic natural forests |
||||||||
Indicator 2.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
||||||||
|
|
Timber owner |
Timber owner |
Article 12, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Communal PC for timber purchased from households; local forest protection agencies for timber purchased from Organisations |
Article 12, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm forest hammer marks must be placed – the following documents are required: |
||||||||
|
|
Timber owner |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 3. Compliance with regulations on transporting, trading unprocessed timber that are harvested from concentrated plantation forests, home gardens, farms, scattered trees |
||||||||
Indicator 3.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
||||||||
|
|
Timber owner |
Timber owner |
Article 13, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Timber owner |
Article 13, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 3.2: For timber from rare, precious and endangered timber species harvested in plantation forests, and round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, forest hammer marks must be placed, – the following documents are required: |
||||||||
|
|
Timber owner |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Article 13, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 42/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 4. Compliance with regulations on transporting, trading imported timber and timber products that are not domestically processed |
||||||||
Indicator 4.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
||||||||
|
|
Timber owner |
Timber owner |
Article 14, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Local forest protection agencies |
Article 14, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 4.2: Imported round timber with diameter of large end of ≥ 25 cm and length of ≥ 1 m if there is no hammer mark or special signs of exporting countries, it must be placed with forest hammer marks – the following documents are required: |
||||||||
|
|
Timber owner |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 5. Compliance with regulations on transporting and trading unprocessed confiscated timber and timber products that have been handled |
||||||||
Indicator 5.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
||||||||
|
|
Timber owner |
Timber owner |
Article 16, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Local forest protection agencies |
Article 16, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 5.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm forest hammer marks must be placed – the following documents are required: |
||||||||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 6. Compliance with regulations on transporting and trading of processed timber and timber products (including round timber cross-cutting) from natural timber, imported timber and handled confiscated timber |
||||||||
Indicator 6.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
||||||||
|
|
Timber owner |
Timber owner |
Article 17, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Local forest protection agencies for enterprises that are improperly compliant |
Articles 17 and 26, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 6.2: Round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m must be marked with forest hammer marks – the following documents are required: |
||||||||
|
|
Timber owner |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 7. Compliance with regulations on transporting and trading of processed timber and timber products (including round timber cross-cutting) from concentrated plantation forests, home gardens, scattered trees |
||||||||
Indicator 7.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
||||||||
|
|
Timber owner |
Timber owner |
Article 17, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Timber owner |
Article 17, Circular No. 01/2012/TT-BNNPTNT; Article 1 Circular No. 42/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 7.2: Round timber with a large end diameter ≥ 25 cm and length ≥ 1 m must be marked with forest hammer marks – the following documents are required: |
||||||||
|
|
Timber owner |
Local forest protection agencies |
Article 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Article 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 8. Compliance with regulations on internal transportation of timber and timber products within a province |
||||||||
Indicator 8.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
||||||||
|
|
Timber owner |
Timber owner |
Article 18, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Timber owner |
Article 18, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 8.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, harvested in natural forests and for round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species harvested in plantation forests, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Timber owner |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 7, 9 Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 9. Compliance with regulations on internal transportation of timber and timber products between provinces |
||||||||
Indicator 9.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
||||||||
|
|
Timber owner |
Timber owner |
Article 18, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Local forest protection agencies |
Article 18, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 9.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, harvested in natural forests, and for round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species harvested in plantation forests, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Timber owner |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 9, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 10. Compliance with regulations on timber product dossier for verification for export |
||||||||
Indicator 10.1: Compliance with regulations on legal timber product dossier for verification for export – the following documents are required: |
||||||||
|
|
Exporters |
Border Customs authorities |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
Exporters |
Border Customs authorities |
Article 2, Circular No. 40/2015/TT-BNNPTNT |
Border Customs authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
Exporters |
Border Customs authorities |
Article 5, Circular No. 01/2012/TT-BNNPTNT |
Border Customs authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
Exporters |
Border Customs authorities |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Border Customs authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
PRINCIPLE V: COMPLIANCE WITH REGULATIONS ON TIMBER PROCESSING (ORGANISATIONS) |
||||||||
Criterion 1: Compliance with regulations on enterprises establishment |
||||||||
Indicator 1.1: Having legal status – one of the following documents is required: |
||||||||
|
|
Provincial business registration division |
Provincial business registration division |
Articles 28 and 29, Enterprise Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Provincial Department of Planning and Investment |
Provincial PC |
Article 36, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Management board of industrial parks, export processing zones |
Management board of industrial parks, export processing zones |
Article 39, Decree No. 108/2006/ND-CP; Article 13, Investment Law 2005; Article 74, Investment Law 2014 |
Local forest protection agencies |
Article 24, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 1.2: Processing of timber complies with regulations on environmental protection – one of the following documents is required: |
||||||||
|
|
Appraisal council or eligible appraisal organisation |
Line Ministry/ Provincial PC |
Article 12, Decree No. 18/2015/ND-CP |
Line Ministry/ Provincial PC |
Decree No. 18/2015/ND-CP |
||
|
|
Appraisal council or eligible appraisal organisation |
Line Ministry/ Provincial PC |
Article 12, Decree No. 18/2015/ND-CP |
Line Ministry/ Provincial PC |
Decree No. 18/2015/ND-CP |
||
|
|
Appraisal council or eligible appraisal organisation |
Line Ministry/ Provincial PC |
Article 12, Decree No. 18/2015/ND-CP |
Line Ministry/ Provincial PC |
Article 24, Decree No. 18/2015/ND-CP |
||
|
|
Enterprise or outsourced qualified consultant |
District PC or Communal PC when authorized by district PC |
Article 18, Decree No. 18/2015/ND-CP |
District or Communal PC |
Article 24, Decree No. 18/2015/ND-CP |
||
Indicator 1.3: Compliance with regulations on fire prevention and firefighting – the following document is required: |
||||||||
|
|
Organisations |
Provincial fire prevention and firefight police |
Article 15 and Annex 4, Decree No. 79/2014/ND-CP |
Head of Organisations, Chairperson of district PC, fire prevention and firefight police |
Article 18 Decree No. 79/2014/ND-CP |
||
Indicator 1.4: Compliance with regulation on making monitoring entry and exit books – the following document is required: |
||||||||
|
|
Timber owner |
Timber owner/Local forest protection agencies for natural timber |
Article 20, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 2: Compliance with regulations on the legal origin of timber which are going to be processed |
||||||||
Indicator 2.1: Compliance with regulation on legal timber dossier for timber self-harvested from organisation's forests – the following document is required: |
||||||||
|
|
Timber owner |
Local forest protection agencies for natural timber; Timber owner for plantation timber |
Article 20, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.2: Compliance with regulation on legal timber dossier for timber purchased from organisations – the following documents are required: |
||||||||
|
|
Organisations purchased timber |
Timber owner |
Article 20, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Organisations purchased timber |
Local forest protection agencies for natural timber, imported timber, handled confiscated timber; Timber owner for plantation timber |
Article 20, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.3: Compliance with regulation on legal timber dossier for timber purchased from households – the following document is required: |
||||||||
|
|
Timber owner |
Local forest protection agencies for processed timber from natural forests, imported timber, handled confiscated timber; Communal PC for unprocessed timber from natural forests; households for plantation timber |
Article 20, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.4: For round timber with the large end diameter ≥ 25 cm and the length ≥ 1 m harvested in natural forests and timber from rare, precious and endangered timber species harvested from plantation forests, imported timber without hammer marks or special signs of the exporting countries, and handled confiscated timber, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Timber owner or harvesting unit |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.5: For timber sawn or squared in forests and confiscated timber sawn which was handled but not further processed, having the length of ≥ 1 m, thickness ≥ 5 cm, width of ≥ 20 cm harvested in natural forests and timber from rare, precious and endangered timber species harvested from plantation forests forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Timber owner or harvesting unit |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; Article 1, Decision No. 107/2007/QD-BNN |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; Article 1, Decision No. 107/2007/QD-BNN |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
PRINCIPLE VI: COMPLIANCE WITH REGULATIONS ON CUSTOMS PROCEDURES FOR EXPORT (ORGANISATIONS) |
||||||||
Criterion 1: Compliance with regulations on customs procedures |
||||||||
Indicator 1.1: Compliance with regulations on legal export dossier – the following documents are required: |
||||||||
|
|
Timber owner |
Border Customs Authorities |
Article 24, Law on Customs 2014; Article 25, Decree No. 08/2015/ND-CP; Article 16, Circular No. 38/2015/TT-BTC |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
Timber owner |
Timber owner |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
Timber owner |
Timber owner |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
Timber owner |
Local forest protection agencies for imported timber, processed natural timber, handled confiscated timber; Timber owner for plantation timber |
Article 5, Circular No. 01/2012/TT-BNNPTNT |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
VN's CITES Management Authority |
VN's CITES Management Authority |
Article 8, Circular No. 04/2015/TT-BNNPTNT, Article 16, Circular No. 38/2015/TT-BTC |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
FLEGT Licensing authority |
Border Customs Authorities; FPD |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
Criterion 2: Compliance with regulations on plant quarantine |
||||||||
Indicator 2.1: Compliance with regulations on plant quarantine for timber and timber products – the following document is required: |
||||||||
|
|
Viet Nam’s Quarantine Authority |
Border Customs Authorities; FPD |
Articles 8 and 12, Decree No. 02/2007/ND-CP; Article 1, Circular No. 30/2014/TT-BNNPTNT; Article 10, Circular No. 33/2014/TT-BNNPTNT |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
PRINCIPLE VII: COMPLIANCE WITH REGULATIONS ON TAX AND EMPLOYEES (ORGANISATIONS) |
||||||||
Criterion 1: Compliance with regulations on tax |
||||||||
Indicator 1.1: Compliance with regulations on tax declaration, registration and payment: |
||||||||
|
|
Sub-department of Taxation, Department of Taxation, General Department of Taxation |
General Department of Taxation |
Article 70, Circular No. 156/2013/TT-BTC; Document 815/TCT-KK of the General Department of Taxation |
General Department of Taxation |
Article 70, Circular No. 156/2013/TT-BTC; Document 815/TCT-KK of General Department of Taxation |
||
Criterion 2: Compliance with Labour Code |
||||||||
Indicator 2.1: Labour contract between enterprises and employees: |
||||||||
|
|
Employers |
Employers and employees |
Articles 15, 16 and 17, Labour Code 2012 |
Provincial Department of Labour, Invalid and Social Affairs |
Article 238, Labour Code 2012 |
||
Indicator 2.2: Employees are members of the enterprise's trade union: |
||||||||
|
|
Employers |
Employers |
Article 5, Trade Union Law 2012 |
Trade Union's checking committee of Organisations |
Article 39 and 40, Viet Nam's Trade Union Regulations 2013 |
||
Indicator 2.3: Implementing regulations on labour safety and labour hygiene: |
||||||||
|
|
Employers |
Employers and employees |
Article 148, Labour Code 2012 |
Provincial Department of Labour, Invalid and Social Affairs |
Article 89, Law on Occupational Health and Safety 2015 |
||
Criterion 3: Compliance with Social Insurance Law and Health Insurance Law |
||||||||
Indicator 3.1: Having social insurance books for employees whose labour contract duration is from one month or more: |
||||||||
|
|
Employers |
Employers |
Article 2 and 21, Social Insurance Law 2014 |
Viet Nam's Social Insurance, provincial Social Insurance |
Article 4, Decree No. 21/2016/ND-CP |
||
Indicator 3.2: Having health insurance for employees whose labour contract duration is from three months or more: |
||||||||
|
|
Employers |
Employers |
Article 12, Health Insurance Law 2008; Article 1 Law on amending and supplementing a number of articles of the Health Insurance Law 2014 |
Viet Nam's Social Insurance, provincial Social Insurance |
Article 4, Decree No. 21/2016/ND-CP |
||
Indicator 3.3: Having unemployment insurance for employees whose contracts are for a full of three months or more: |
||||||||
|
|
Employers |
Employers |
Article 52, Law on Employment 2013 |
Viet Nam's Social Insurance, provincial Social Insurance |
Article 59, Law on Employment |
APPENDIX 1B
DEVELOPMENT, VERIFICATION AND APPROVAL OF LEGALITY VERIFIERS FOR HOUSEHOLDS
PRINCIPLE I: HARVESTING OF DOMESTIC TIMBER COMPLIES WITH REGULATIONS ON LAND USE RIGHTS, FOREST USE RIGHTS, MANAGEMENT AND ENVIRONMENT (HOUSEHOLDS) |
||||||||
Criterion Indicators |
Verifiers |
Prepared by |
Approved or certified by |
Legal references for verifiers |
Checked by |
Legal references for checking |
||
Criterion 1: Compliance with regulations on main harvesting, salvage harvesting and salvage collection from planted protection forests |
||||||||
Indicator 1.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
||||||||
|
|
|
Provincial Peoples’ Committee (PC), District PC |
No specific legislation prior to 1993 on land allocation |
Division of Agriculture and Rural Development |
No specific legislation prior to 1993 on land allocation |
||
|
|
Consulting agency, forest ranger |
District PC |
Articles 5, 13 and 14, Decree No. 02/ND-CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
|
|
||
|
|
District-level land division |
District PC |
Articles 48, 49 and 51, Land Law 2003; Articles 100 and 101, Land Law 2013 |
|
|
||
|
|
District-level land division |
District PC |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
|
|
||
|
|
District-level land division |
District PC |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
|
|
||
|
|
District-level land division |
District PC |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
|
|
||
|
|
District-level land division |
District PC |
Section II, Circular No. 38/2007/TT-BNNPTNT |
|
|
||
|
|
Consulting agency, forest ranger |
District PC |
Articles 5, 13 and 14, Decree No. 02/ND-CP |
|
|
||
|
|
|
|
Article 100, Land Law 2013 |
|
|
||
|
|
Forest owner |
Communal PC |
Article 101, Land Law 2013 |
|
|
||
|
|
Forest owner and contractor |
Forest owner and contractor |
Article 5, Decree No. 01/1995/ND-CP; Article 8, Decree No. 135/2005/ND-CP |
|
|
||
Indicator 1.2: Harvesting forest complies with regulations on environmental protection as required by laws – one of the following documents is required: |
||||||||
|
|
Appraisal council or eligible appraisal Organisation |
Provincial PC |
Article 12, Decree No. 18/2015/ND-CP |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
|
|
Article 18, Decree No. 18/2015/ND-CP |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 1.3: Compliance with regulations on archiving harvesting documents – the following documents are required: |
||||||||
|
|
Forest owner or harvesting design unit |
District PC |
Article 6, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-NNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Forest owner or harvesting design unit |
District PC |
Article 6, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-NNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Division of Agriculture and Rural Development |
District PC |
Article 6, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-NNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 1.4: For round timber with a large end diameter of ≥ 25cm and length of ≥ 1m and timber sawn or squared in the forest with a length of ≥ 1m, thickness of ≥ 5cm and width of ≥ 20cm from rare, precious and endangered timber species, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agency |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 1.5: Harvested timber not subject to forest hammer marking as regulated in the Indicator 1.4 – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 2: Compliance with regulations on main harvesting, salvage harvesting and salvage collection from planted production forests |
||||||||
Indicator 2.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
||||||||
|
|
|
Provincial PC, District PC |
No specific legislation prior to 1993 on land allocation |
Division of Agriculture and Rural Development |
No specific legislation prior to 1993 on land allocation |
||
|
|
District-level land division |
District PC |
Articles 48, 49 and 51, Land Law 2003; Articles 100 and 101, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Articles 32, 33 and 34, Land Law 2003; Article 53, 54 and 55, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
Consulting agency, forest ranger |
District PC |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Articles 5, 13 and 14, Decree No. 02/ND-CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
Division of Agriculture and Rural Development |
|
||
|
|
Local forest protection agency |
District PC |
Articles 5, 13 and 14, Decree No. 02/ND-CP |
Division of Agriculture and Rural Development |
|
||
|
|
|
|
Article 100, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
Communal PC |
Communal PC |
Article 101, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
Forest owner and contractor |
Forest owner and contractor |
Article 5, Decree No. 01/1995/ND-CP; Article 8, Decree No. 135/2005/ND-CP |
Division of Agriculture and Rural Development |
|
||
Indicator 2.2: Harvesting forest complies with regulations on environmental protection as required by laws – one of the following documents is required: |
||||||||
|
|
Appraisal council or eligible appraisal organisation |
Provincial PC |
Article 12, Decree No. 18/2015/ND-CP |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
|
|
Article 18, Decree No. 18/2015/ND-CP |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.3: Compliance with regulations on archiving harvesting documents – the following document is required: |
||||||||
|
|
Forest owner |
District PC |
Article 6, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-NNPTNT; |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.4: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agency |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.5: Timber harvested not subject to forest hammer marks as indicated in Indicator 2.4 – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 3: Compliance with regulations on salvage harvesting on natural forest areas converted from forest land use to other land uses |
||||||||
Indicator 3.1: Compliance with legal regulations on changing land use from forest use into other uses, environmental protection, site clearance – all the following documents are required: |
||||||||
|
|
District compensation board for site clearance |
District PC |
Article 29, Decree No. 23/2006/ND-CP; Article 8, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Division of Agriculture and Rural Development/ Division of Natural Resources and Environment |
Provincial PC |
Article 3, Resolution 49; Article 29, Decree No. 23/2006/ND-CP |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
|
|
|
|
|
||
|
|
Appraisal council or eligible appraisal Organisation |
Provincial PC |
Article 12, Decree No. 18/2015/ND-CP |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
|
|
Article 18, Decree No. 18/2015/ND-CP |
|
|
||
Indicator 3.2: Compliance with regulations on archiving harvesting documents – the following document is required: |
||||||||
|
|
Forest owner or consulting agency |
District PC |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 3.3: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agency |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 3.4: Timber harvested not subject to forest hammer marks as indicated in Indicator 3.3 – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 4: Compliance with regulations on salvage harvesting of natural forest while implementing sivilculture measures, scientific research and training |
||||||||
Indicator 4.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
||||||||
|
|
|
Provincial, district PC |
No specific legislation prior to 1993 on land allocation |
Division of Agriculture and Rural Development |
No specific legislation prior to 1993 on land allocation |
||
|
|
Consulting agency, forest ranger |
District PC |
Articles 5, 13 and 14, Decree No. 02/ND-CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Articles 48, 49 and 51, Land Law 2003; Articles 100 and 101, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Section II, Circular No. 38/2007/TT-BNN |
Division of Agriculture and Rural Development |
|
||
|
|
Local forest protection agency |
District PC |
Articles 5, 13 and 14, Decree No. 02/ND-CP |
Division of Agriculture and Rural Development |
|
||
|
|
|
|
Article 100, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
Forest owner |
Communal PC |
Article 101, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
Forest owner and contractor |
Forest owner and contractor |
Article 5, Decree No. 01/1995/ND-CP; Article 8, Decree No. 135/2005/ND-CP |
Division of Agriculture and Rural Development |
|
||
Indicator 4.2: Compliance with legal regulations prior to the permission for salvage harvesting – one of the following documents is required: |
||||||||
|
|
Forest owner |
Competent authority |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Forest owner |
Competent authority |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Forest owner |
Competent authority |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 4.3: Compliance with regulations on archiving harvesting documents – the following document is required: |
||||||||
|
|
Forest owner |
Communal PC |
Article 8, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 4.4: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agency |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 4.5: Timber harvested not subject to forest hammer marks as indicated in Indicator 4.4 – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 5: Compliance with regulations on salvage collection of stump, roots, branches in natural forests |
||||||||
Indicator 5.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
||||||||
|
|
|
Provincial/ District PC |
No specific legislation prior to 1993 on land allocation |
Division of Agriculture and Rural Development |
No specific legislation prior to 1993 on land allocation |
||
|
|
Consulting agency, forest ranger |
District PC |
Articles 5, 13 and 14, Decree No. 02/ND-CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Articles 48, 49 and 51, Land Law 2003; Articles 100 and 101, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
Division of Agriculture and Rural Development |
|
||
|
|
Local forest protection agency |
District PC |
Section II, Circular No. 38/2007/TT-BNN |
Division of Agriculture and Rural Development |
|
||
|
|
Local forest protection agency |
Local forest protection agency |
Articles 5, 13 and 14, Decree No. 02/ND-CP |
Division of Agriculture and Rural Development |
|
||
|
|
|
|
Article 100, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
|
Communal PC |
Article 101, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
Forest owner and contractor |
Forest owner and contractor |
Article 5, Decree No. 01/1995/ND-CP; Article 8, Decree No. 135/2005/ND-CP |
Division of Agriculture and Rural Development |
|
||
Indicator 5.2: Compliance with regulations on archiving harvesting documents – the following document is required: |
||||||||
|
|
Forest owner |
District PC for natural forests; Communal PC for plantation forest |
Article 9, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 5.3: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agency |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 5.4: Timber not subject to forest hammer marks as indicated in Indicator 5.3 – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 6: Compliance with regulations on salvage collection of stump, roots, branches in plantation forests |
||||||||
Indicator 6.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
||||||||
|
|
|
Provincial, District PC |
No specific legislation prior to 1993 on land allocation |
Division of Agriculture and Rural Development |
No specific legislation prior to 1993 on land allocation |
||
|
|
District-level land division |
District PC |
Articles 48, 49 and 51, Land Law 2003; Articles 100 and 101, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
Consulting agency, forest ranger |
District PC |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Articles 5, 13 and 14, Decree No. 02/ND-CP; Articles 9, 12 and 17, Decree No. 163/1999/ND-CP |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Articles 5, 9 and 11, Circular No. 07/2011/TTLT-BNNPTNT-BTNMT |
Division of Agriculture and Rural Development |
|
||
|
|
Local forest protection agency |
District PC |
Articles 5, 13 and 14, Decree No. 02/ND-CP |
Division of Agriculture and Rural Development |
|
||
|
|
|
|
Article 100, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
|
Communal PC |
Article 101, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
Forest and contractor |
Forest and contractor |
Article 5, Decree No. 01/1995/ND-CP; Article 8, Decree No. 135/2005/ND-CP |
Division of Agriculture and Rural Development |
|
||
Indicator 6.2: Compliance with regulations on archiving harvesting documents – the following document is required: |
||||||||
|
|
Forest owner |
Communal PC |
Article 6, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 6.3: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from rare, precious and endangered timber species, forest hammer marks must be placed in compliance with regulations – the following documents are required: |
||||||||
|
|
Local forest protection agency |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agency |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 6.4: Timber not subject to forest hammer marks as indicated in Indicator 6.3 – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 7: Compliance with regulations on harvesting timber from plantations in home gardens, farms and dispersed trees |
||||||||
Indicator 7.1: Compliance with regulation on harvesting documents, the following document is required: |
||||||||
|
|
Forest owner |
Communal PC |
Article 7, Circular No. 21/2016/TT-BNNPTNT; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 7.2. For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm, harvested from plantation forest and timber from rare, precious and endangered timber species forest hammer marks must be placed in accordance with regulations – the following documents are required: |
||||||||
|
|
Forest owner |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agency |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 7.3: Timber harvested not subject to forest hammer marks as regulated in Indicator 7.2 – the following document is required: |
||||||||
|
|
Forest owner or harvesting unit |
Local forest protection agency |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 8: Compliance with regulations on harvesting rubber wood |
||||||||
Indicator 8.1: Compliance with legal regulations on land use right and forest use right – one of the following documents is required: |
||||||||
|
|
|
District/Provincial PC |
No specific legislation prior to 1993 on land allocation |
Division of Agriculture and Rural Development |
No specific legislation prior to 1993 on land allocation |
||
|
|
District-level land division |
District PC |
Articles 48, 49 and 51, Land Law 2003; Articles 100 and 101, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Articles 32, 33 and 34, Land Law 2003; Articles 53, 54 and 55, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Article 35, Land Law 2003; Article 56, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
|
|
Article 100, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
|
|
District-level land division |
District PC |
Article 101, Land Law 2013 |
Division of Agriculture and Rural Development |
|
||
Indicator 8.2: Compliance with regulations on archiving harvesting documents – the following document is required: |
||||||||
|
|
Forest owner |
|
Article 7, Circular No. 21/2016/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Forest owner |
Local forest protection agency |
Article 5, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 2, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
PRINCIPLE II: COMPLIANCE WITH REGULATIONS ON HANDLING CONFISCATED TIMBER (HOUSEHOLDS) |
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Criterion 1. Compliance with regulation on archiving documents of handled confiscated timber |
||||||||
Indicator 1.1: Compliance with regulations on handled confiscated timber – the following documents are required: |
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|
|
Professional auction centre or auction company or district-level auction council |
Professional auction centre or auction company or district-level auction council |
Article 35, Decree No. 17/2010/ND-CP |
Forest protection agencies at all levels |
|
||
|
|
Professional auction centre or auction company or district-level auction council |
Professional auction centre or auction company or district-level auction council |
Article 46, Decree No. 17/2010/ND-CP |
Forest protection agencies at all levels |
|
||
|
|
|
|
Article 16, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
|
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Article 16, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
|
||
Indicator 1.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm forest hammer marks must be placed on timber products – the following document is required: |
||||||||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN, Article 1, Decision No. 107/2007/QD-BNN |
|
|
||
PRINCIPLE III: COMPLIANCE WITH REGULATIONS ON IMPORTING TIMBER (HOUSEHOLDS) |
||||||||
Criterion 1: Compliance with regulations on customs procedures |
||||||||
Indicator 1.1: Compliance with legal regulations on customs procedures – the following documents are required: |
||||||||
|
|
Importers |
Border Customs Authority |
Article 24, Customs Law 2014; Article 25, Decree No. 08/2015/ND-CP; Article 10, Circular No. 01/2012/TT-BNNPTNT; Article 16, Circular No. 38/2015/TT-BTC |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
Exporters |
Border Customs Authorities |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
Exporters |
Exporters |
Article 16, Circular No. 38/2015/TT-BTC |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
Transportation agencies |
Transportation agencies |
Article 16, Circular No. 38/2015/TT-BTC |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
Exporters |
Exporters |
Article 10, Circular No. 01/2012/BNNPTNT |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
|
|
|
|
|
||
|
|
Organisations in country of export |
CITES MA in country of export |
Decree No. 82/2006/ND-CP; Article 5, Decree No. 98/2011/ND-CP; Circular No. 04/2015/TT-BNNPTNT |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
FLEGT Licensing Authority in country of export |
Customs authorities in country of export |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
Importers |
Border Customs Authorities; FPD |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
|
|
|
|
|
||
|
|
Organisations in country of export |
Border Customs Authorities; FPD |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
Relevant authorities in country of export |
Border Customs Authorities; FPD |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
Organisations and/or relevant authorities in country of export |
Border Customs Authorities; FPD |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
Criterion 2: Compliance with regulations on plant quarantine and forest hammer mark |
||||||||
Indicator 2.1: Compliance with regulations on plant quarantine for timber and timber products – the following document is required: |
||||||||
|
|
Owner of imported timber |
Viet Nam’s plant quarantine authority |
Article 1, Circular No. 30/2014/TT-BNNPTNT; Article 7, Circular No. 33/2014/TT-BNNPTNT |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
Indicator 2.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, hammer marks or other special signs of exporting countries must be placed; otherwise, forest hammer marks must be placed in accordance with regulations – the following documents are required: |
||||||||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels (central, provincial, district levels) |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Importers |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels (central, provincial, district levels) |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
PRINCIPLE IV: COMPLIANCE WITH REGULATIONS ON TIMBER TRANSPORTATION AND TRADE (HOUSEHOLDS) |
||||||||
Criterion 1. Compliance with regulations on transporting, trading unprocessed timber that are main harvesting, salvage harvesting and salvage collection from domestic natural forests |
||||||||
Indicator 1.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
||||||||
|
|
Timber owner |
Timber owner |
Article 12, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
|
|
|
|
|
||
|
|
Timber owner |
Communal PC |
Article 12, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Local forest protection agencies |
Article 12, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 1.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm forest hammer marks must be placed – the following documents are required: |
||||||||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 2. Compliance with regulations on transporting, trading unprocessed timber that are harvested from concentrated plantation forests, home gardens, farms, scattered trees |
||||||||
Indicator 2.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
||||||||
|
|
Timber owner |
Timber owner |
Article 13, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Timber owner |
Article 13, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.2: For timber from rare, precious, and endangered timber species harvested in plantation forests, round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm from, forest hammer marks must be placed – the following documents are required: |
||||||||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 3: Compliance with regulations on transporting and trading imported timber and timber products that are not domestically processed |
||||||||
Indicator 3.1: Compliance with regulations on legal timber product dossier - the following documents are required: |
||||||||
|
|
Timber owner |
Timber owner |
Article 14, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Local forest protection agencies |
Article 14, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 3.2. For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m which is not marked with forest hammer marks or special sign of exporting countries Viet Nam forest hammer marks shall be placed – the following documents are required: |
||||||||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 4: Compliance with regulations on transporting and trading unprocessed confiscated timber and timber products that have been handled |
||||||||
Indicator 4.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
||||||||
|
|
Timber owner |
Timber owner |
Article 16, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Local forest protection agencies |
Article 16, Circular No. 01/2012/TT-BNNPTNT; |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 4.2: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m and timber sawn or squared in the forest with a length of ≥ 1 m, thickness of ≥ 5 cm and width of ≥ 20 cm forest hammer marks must be placed – the following documents are required: |
||||||||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 5: Compliance with regulations on transporting and trading of processed timber and timber products (including round timber cross-cutting) from natural timber, imported timber and handled confiscated timber |
||||||||
Indicator 5.1: Compliance with regulations on legal timber product dossier – the following documents must be in place: |
||||||||
|
|
Timber owner |
Timber owner |
Article 17, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Local forest protection agencies |
Article 17, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 5.2: Round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m must be marked with forest hammer marks – the following documents are required: |
||||||||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 6: Compliance with regulations on transporting and trading of processed timber and timber products (including round timber cross-cutting) from concentrated plantation forests |
||||||||
Indicator 6.1: Compliance with regulations on legal timber product dossier – the following documents are required: |
||||||||
|
|
Timber owner |
Timber owner |
Article 17, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Timber owner |
Article 17, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 6.2. Round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m must be marked with forest hammer marks – the following documents are required: |
||||||||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber owner |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 7. Compliance with regulations on timber product dossier for verification for export |
||||||||
Indicator 7.1: Compliance with regulations on legal timber product dossier for verification for export – the following documents are required: |
||||||||
|
|
Exporters |
Border Customs authorities |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
Exporters |
Border Customs authorities |
Circular No. 38/2015/TT-BTC |
Border Customs authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
Exporters |
Border Customs authorities |
Article 5, Circular No. 01/2012/TT-BNNPTNT |
Border Customs authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
Exporters |
Border Customs authorities |
|
Border Customs authorities |
Legislation to be developed |
||
PRINCIPLE V: COMPLIANCE WITH REGULATIONS ON TIMBER PROCESSING (HOUSEHOLDS) |
||||||||
Criterion 1. Compliance with regulations on timber processing facilities |
||||||||
Indicator 1.1: Compliance with regulations on fire prevention and firefighting – the following document is required: |
||||||||
|
|
Households |
Provincial fire prevention and firefight police |
Article 15, and Annex 4, Decree No. 79/2014/ND-CP |
Head of Organisations, Chairperson of district PC, fire prevention and firefight police |
Article 18, Decree No. 79/2014/ND-CP |
||
Indicator 1.2: Compliance with regulation on safety and hygiene – the following is required: |
||||||||
|
|
Business households |
Functional agency on labour safety and hygiene |
Labour Code 2012: Chapter IX, Clause 1 Article 137, Article 138, Labour Code 10/2012/QH 13 |
Forest protection agencies at all levels |
Section 4, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Criterion 2: Compliance with regulations on the legal origin of timber which are going to be processed |
||||||||
Indicator 2.1: Compliance with regulations on legal timber dossier for timber harvested from forests of Households – the following document is required: |
||||||||
|
|
|
|
|
|
|
||
|
|
Communities, households, individuals |
Communal PC |
Articles 12 and 20, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Communities, households, individuals |
Communities, households, individuals |
Article 1, Circular No. 40/2015/TT-BNNPTNT Article 20, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.2: Compliance with regulations on legal timber dossier for timber purchased from Organisations – the following documents are required: |
||||||||
|
|
Timber sellers |
Timber owners |
Article 20, Circular No. 01/2012/TT-BNNPTNT; Article 1, Circular No. 40/2015/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
|
|
Article 20, Circular No. 01/2012/TT-BNNPTNT, Article 1, Circular No. 40/2015/TT-BNNPTNT |
|
|
||
|
|
Timber sellers |
Local forest protection agencies |
Articles 12 and 20, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber sellers |
Timber sellers |
Article 1, Circular No. 40/2015/TT-BNNPTNT Article 20, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber sellers |
Local forest protection agencies |
Articles 14 and 20, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Timber sellers |
Local forest protection agencies |
Articles 16 and 20, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.3: Compliance with regulations on legal timber dossier for timber purchased from Households – the following document is required: |
||||||||
|
|
|
|
|
|
|
||
|
|
communities, households, individuals |
Local forest protection agencies for processed timber; Communal PC for unprocessed timber |
Articles 12 and 20, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
communities, households, individuals |
communities, households, individuals |
Article 1, Circular No. 40/2015/TT-BNNPTNT Article 20, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
communities, households, individuals |
Local forest protection agencies |
Articles 14 and 20, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
communities, households, individuals |
Local forest protection agencies |
Articles 16 and 20, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
Indicator 2.4: For round timber with a large end diameter of ≥ 25 cm and length of ≥ 1 m harvested in natural forests and timber from rare, precious and endangered timber species harvested in plantation forests, imported timber without forest hammer marks or special signs of exporting countries, and handled confiscated timber forest hammer marks must be placed – the following documents are required: |
||||||||
|
|
Local forest protection agencies |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
|
|
Forest owner or harvesting unit |
Local forest protection agencies |
Articles 7 and 8, Decision No. 44/2006/QD-BNN; Article 9, Circular No. 01/2012/TT-BNNPTNT |
Forest protection agencies at all levels |
Section 3, Chapter III, Circular No. 01/2012/TT-BNNPTNT |
||
PRINCIPLE VI: COMPLIANCE WITH REGULATIONS ON CUSTOMS PROCEDURES FOR EXPORT (HOUSEHOLDS) |
||||||||
Criterion 1: Compliance with regulations on customs procedures |
||||||||
Indicator 1.1: Compliance with regulations on legal export dossier – the following documents are required: |
||||||||
|
|
Timber owner |
Border Customs Authority |
Article 24, Customs Law 2014; Article 25, Decree No. 08/2015/ND-CP; Article 16, Circular No. 38/2015/TT-BTC |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
Timber owner |
Timber owner |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
Timber owner |
Timber owner |
To be issued by VN Government |
To be issued by VN Government |
To be issued by VN Government |
||
|
|
|
|
Article 5, Circular No. 01/2012/TT-BNNPTNT |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
VN CITES Management Authority |
VN CITES Management Authority |
Article 8, Circular No. 04/2015/TT-BNNPTNT; Article 16,Circular No. 38/2015/TT-BTC |
Border Customs Authorities |
Section 3, Circular No. 38/2015/TT-BTC |
||
|
|
VN CITES Management Authority |
VN CITES Management Authority |
To be issued by VN Government |
Border Customs Authorities |
To be issued by VN Government |
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Criterion 2: Compliance with regulations on plant quarantine |
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Indicator 2.1: Compliance with regulations on plant quarantine for timber and timber products – the following document is required: |
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Viet Nam’s Quarantine Authority |
Border Customs Authorities; FPD |
Article 1, Circular No. 30/2014/TT-BNNPTNT; Article 10, Circular No. 33/2014/TT-BNNPTNT |
Border Customs Authority |
Decree 154/2005/ND-CP, Circular No. 194/2010/TT-BTC |
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PRINCIPLE VII: COMPLIANCE WITH REGULATIONS ON TAX (HOUSEHOLDS) |
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Criterion 1: Compliance with regulations on tax |
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Indicator 1.1: Compliance with regulations on tax declaration, registration and payment: |
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Timber owner |
Tax authority |
Article 70, Circular No. 156/2013/TT-BTC; Document 815/TCT-KK of the General Department of Taxation |
Tax authority |
Circular No. 28/2011/TT - BTC; Decision No. 694/QD-TCHQ of General Department of Customs |
APPENDIX 2
SUPPLY CHAIN CONTROL
Introduction
No. |
Timber entry point |
Responsibility for management and archiving of information in timber product dossier |
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Documents to be archived by timber owner (original for five years) |
Documents to be archived by Forest Protection Agency (original/copy for non-limited period) |
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1a |
Timber from main harvesting of domestic natural forest |
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1b |
Timber from salvage harvesting and salvage collection of domestic natural forest |
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1c |
Timber from main harvesting, salvage harvesting and salvage collection of planted protection forests |
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For Category 1: No archiving by FPD |
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For Category 2: |
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1d |
Timber from main harvesting, salvage harvesting and salvage collection of planted production forests |
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For Category 1: No archiving by FPA |
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For Category 2: |
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1e(1) |
Rubber wood |
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For Category 1: No archiving by FPA |
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For Category 2: |
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1f |
Handled confiscated timber |
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1g |
Imported timber |
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No. |
Critical control point |
Responsibility for management and archiving documents of timber product dossier |
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Documents to be archived by seller (original/copy for five years) |
Document to be archived by buyer (original for five years) |
Documents to be archived by Forest Protection Agency (original/copy for non-limited period) |
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B1 |
The first transport and trade of products |
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B2 |
The second or subsequent transport and trade of products |
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B3 |
Processing site |
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B4 |
Export |
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Timber product dossier is with importer in country of destination |
For Categories 1 and 2 Organisations: |
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For Category 2 Organisations: |
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No. |
Critical control point |
Responsibility for management and archiving documents of timber product dossier |
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Documents to be archived by seller (original/copy for five years) |
Document to be archived by buyer (original for five years) |
Documents to be archived by Forest Protection Agency (original/copy for non-limited period) |
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B1 |
The first transport, trade of products |
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For Category 1: No archiving by FPA |
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For Category 2: |
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B2 |
The second or subsequent transport and trade of products |
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For Category 1: No archiving by FPA |
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For Category 2: |
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B3 |
Processing site |
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For Category 1: No archiving by FPA |
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For Category 2: |
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B4 |
Export |
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For Categories 1 and 2 Organisations: |
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Timber product dossier is with importer in country of destination |
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For Category 2 Organisations: |
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No. |
Timber entry point |
Responsibility for management and archiving of information in timber product dossier |
|||||
Documents to be archived by timber owner (original for five years) |
Documents to be archived by Forest Protection Agency (original/copy for non-limited period) |
||||||
1b |
Timber from salvage harvesting and salvage collection of domestic natural forest |
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1c |
Timber from main harvesting, salvage harvesting and salvage collection of planted protection forests |
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For Org Type 1: No archiving by FPA |
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For Org Type 2: FPA archive |
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1d |
Timber from main harvesting, salvage harvesting and salvage collection of planted production forests |
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For Org Type 1: No archiving by FPA |
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For Org Type 2: FPA archive |
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1e(2) |
Rubber wood; timber from home gardens, farms and dispersed trees |
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For Org Type 1: No archiving by FPA |
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For Org Type 2: FPA archive |
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1f |
Handled confiscated timber |
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1g |
Imported timber |
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No. |
Critical control point |
Responsibility for management and archiving documents of timber product dossier |
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Documents to be archived by seller (original/copy for five years) |
Document to be archived by buyer (original for five years) |
Documents to be archived by Forest Protection Agency (original/copy for non-limited period) |
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B1 |
The first transport, trade of products |
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B2 |
The second or subsequent transport and trade of products |
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B3 |
Processing site |
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B4 |
Export |
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Timber product dossier is with importer in country of destination |
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|
|
No. |
Critical control point |
Responsibility for management and archiving documents of timber product dossier |
||||||||
Documents to be archived by seller (original/copy for five years) |
Document to be archived by buyer (original for five years) |
Documents to be archived by Forest Protection Agency (original/copy for non-limited period) |
||||||||
B1 |
The first transport, trade of products |
|
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|
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B2 |
The second or subsequent transport and trade of products |
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||||||||
B3 |
Processing site |
|
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||||||
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B4 |
Export |
|
Timber product dossier is with importer in country of destination |
|
||||||
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APPENDIX 3
STANDARD FORM FOR SELF-DECLARATION OF IMPORTED TIMBER SOURCES
A. General information
B. Risk status of imported shipment
C. Additional documentation
C1. Primary products (e.g. HS Codes 4403, 4406, 4407)
C1.1 Voluntary certification or national certification scheme recognised by the VNTLAS:
Certification scheme (name and type) |
Certificate claim number |
Validity until |
|
|
|
C1.2 Harvesting permit/document:
Type of document |
Document reference/number |
Issue date |
Issuing authority/entity |
Comments |
|
|
|
|
|
C1.3 Where the country of harvest does not require a harvesting document for the forest area this product is originating from, please provide the following additional information:
Type of document |
Document reference/number |
Issue date |
Issuing entity |
Comments |
|
Country of harvest: |
|
||||
Name and address of supplier: |
|
||||
Reason the harvesting document is not required: |
|
C1.4 Where the harvesting document for this product is not available, please provide the following additional information:
Type of alternative to harvesting document |
Document reference number |
Issue date |
Issuing entity |
Comments |
|
Country of harvest: |
|
||||
Name and address of supplier: |
|
||||
Reason the harvesting document is not available |
|
C2. Complex products (e.g. HS Chapters 44 and 94 excluding HS Codes 4403, 4406 and 4407)
C2.1 Voluntary certification or national certification scheme recognised by the VNTLAS:
Certification scheme (name and type) |
Certificate claim number |
Valid until |
|
|
|
C2.2 Where the harvesting permit/document is not available:
Type of document demonstrating legality |
Document reference number |
Issue date |
Issuing entity |
Comments |
|
Where the product came from: |
|
||||
Name and address of supplier/exporter: |
|
||||
Alternative additional documentation demonstrating legality of timber in accordance with the legislation of the country of harvest: |
|
D. Additional measures by the importer to mitigate any risk related to the legality of the timber in accordance with the relevant legislation in the country of harvest:
D 1.1 Information on legal requirements for timber export in the country of harvest
Product, species and country of harvest |
Legal requirements for timber export |
Evidence of compliance |
|
|
|
|
|
|
|
|
|
D 1.2 Risk identification and mitigation
Risks identified |
Mitigation measures applied |
|
|
|
|
|
|
Signed: |
Dated: |