INHALT

Voluntary Partnership Agreement between the European Union and the Socialist Republic of Viet Nam on forest law enforcement, governance and trade

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
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
APPENDIX 1B
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
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
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
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
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
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
APPENDIX 1B
DEVELOPMENT, VERIFICATION AND APPROVAL OF LEGALITY VERIFIERS FOR HOUSEHOLDS
APPENDIX 2
SUPPLY CHAIN CONTROL
Introduction
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:
C1.2 Harvesting permit/document:
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:
C1.4 Where the harvesting document for this product is not available, please provide the following additional information:
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:
C2.2 Where the harvesting permit/document is not available:
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
D 1.2 Risk identification and mitigation
ANNEX VI
TERMS OF REFERENCE FOR THE INDEPENDENT EVALUATION
1. Purpose and scope of the independent evaluation
2. Mandate and evaluation methodology of the Independent Evaluator
3. Capability requirements
4. Reporting requirements
5. Organisation of implementation
6. Confidentiality and report release
ANNEX VII
CRITERIA FOR ASSESSMENT OF THE OPERATIONAL READINESS OF THE VIET NAM TIMBER LEGALITY ASSURANCE SYSTEM
Purpose of the assessment
Methodology for implementation of the assessment
Assessment criteria
Part 1
Definition of legality
Part 2
Control of the supply chain
2.1. Timber use rights
2.2. Control of the supply chain
2.3. Quantities
2.4. Imported timber products
Part 3
Verification
3.1. Verification agencies
3.2. LD-based verification
3.3. Recognition of voluntary certification schemes, voluntary due-diligence systems and national certification schemes
3.4. Verification of system to control the supply chain
3.5. Non-compliance
Part 4
Licensing
4.1. Licensing Authority
4.2. Licensing procedures
4.3. Shipment-based licensing
4.4. Queries concerning issued FLEGT licences
Part 5
Independent evaluation
5.1. Organisation for implementation
Part 6
Mechanism for handling complaints
ANNEX VIII
PUBLIC DISCLOSURE OF INFORMATION
1. Introduction
2. Information to be published by Viet Nam
2.1 Legal information
2.2 Information on forest land use planning and forest land allocation
2.3 Information on forest management
2.4 Information on domestic timber production
2.5 Information from the database of violations of the Law on Forest Protection and Development of 2004 and information on timber trade violations from databases of violations of other government agencies
2.6 Information on processing
2.7 Information on investment and revenues
2.8 Information on trade
2.9 Information on the VNTLAS
3. Information to be published by the Union
4. Information to be published by the Joint Implementation Committee (JIC)
4.1 Minutes of meetings of the JIC and summaries of decisions
4.3 Information on the independent evaluation
4.4 Procedures guiding the functioning of the JIC
4.5 Overview of activities undertaken to implement this Agreement
5. Mechanisms and means to access information
6. Modalities for disclosure of information
ANNEX IX
FUNCTIONS OF THE JOINT IMPLEMENTATION COMMITTEE
1. Management of this Agreement
2. Monitoring and review of this Agreement
3. Management of the independent evaluation