Circular No. 01/2012/TT-BNNPTNT on Legal Timber Documents and Origin Verification of Timber

CIRCULAR

Regulations on legal forest products and origin verification of forest products

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Based on the Forest Protection and Development Law dated December 3, 2004;

On the basis of Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on the implementation of the Forest Protection and Development Law;

Based on Decree No. 01/2008/NĐ-CP dated January 3, 2008 and Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

The Ministry of Agriculture and Rural Development hereby stipulates the regulations on legal forest product files and the verification of forest product origins as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the legal forest product files and the verification of the origin of timber, non-timber forest products (hereinafter referred to collectively as forest products) within the territory of the Socialist Republic of Vietnam.

Article 2. Applicability

This Circular applies to organizations, community residents, households, individuals within the country; organizations and foreign individuals engaged in activities such as harvesting, transporting, processing, trading, storing forest products within the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

Some terms in this Circular are understood as follows:

1. Local forestry inspection agencies include: Forest Protection Stations in special-use forests, Forest Protection Stations in protective forests; Forest Protection Stations at district, town, city, and provincial levels (hereinafter collectively referred to as District-level Forest Protection Stations); Forest Inspection Branches at provincial and centrally-administered municipal levels in areas without District-level Forest Protection Stations.

2. Forest product files are records about forest products established and kept at forest product production and trading facilities and circulated together with forest products during harvesting, buying and selling, transportation, processing, and storage.

3. Non-timber forest products are wild animals and plants that do not meet the criteria for timber as specified in Point b, Clause 3, Article 5 of this Circular and their parts and derivatives.

4. Derivatives of wild animals and plants are all forms of material extracted from wild animals and plants such as blood, bile from wild animals; sap, essential oils extracted from wild plants that have not been processed.

5. A forest product inventory list is a record listing forest products inspected, bought, sold, exported, imported, or transported on a single means of transport according to Model No. 01 issued along with this Circular.

6. An import/export forest product ledger is a record of forest products imported and exported by organizations involved in harvesting, processing, and trading forest products according to Model No. 02 issued along with this Circular.

7. Internal transportation refers to the transportation of forest products between dependent accounting units such as logging camps, forestry companies, processing plants, branches, stores... within an independent legal entity enterprise; or the transportation of forest products from an independent legal entity enterprise to dependent accounting units and vice versa.

In cases where the forest owner or organization or individual purchases standing trees, the transportation of forest products from the logging site to their warehouse or processing facility is also considered internal transportation.

Verification of forest products involves determining the legality of forest product files and the consistency between the files and the forest products.

Unprocessed forest products are forest products after harvesting, importation, confiscation, which have not been affected by tools or equipment and retain their original shape and size.

Article 4. Determining the quantity and volume of forest products

1. Determining the volume of round logs, sawn timber, and box-shaped peeled timber shall be carried out in accordance with the regulations on management and marking of trees and forestry inspections by the Ministry of Agriculture and Rural Development.

For tree roots, complex-shaped wood, ornamental trees, shade trees including roots, trunks, branches, leaves, if it is impossible to measure diameter and length to determine volume, then weigh in kilograms (kg) and convert 1,000 kg to 1 m³ of round wood or measure and calculate in cubic meters (ster) and convert 1 ster to 0.7 m³ of round wood.

2. Determining the quantity of wild animals is the number of individuals and weighing in kilograms (kg); in cases where the number of individuals cannot be determined, weigh in kilograms (kg).

For parts and derivatives of wild animals and plants, determine the volume by weighing in kilograms (kg) or by volume in milliliters (ml) if the derivatives of wild animals are in liquid form.

3. Determining the quantity of non-timber forest products from plants is done by weighing in kilograms (kg).

Article 5. Logging Product Inventory List

1. The model of the forest product inventory list issued along with this Circular is uniformly applied to organizations, community residents, households, and individuals.

Organizations, community residents, households, and individuals engaged in harvesting, importing, exporting forest products shall prepare the forest product inventory list when inspecting, marking forestry inspections or inspecting and exporting forest products on the same occasion and means of transport.

Organizations, community residents, households, and individuals preparing the forest product inventory list are responsible under the law for the accuracy and legal origin of forest products listed in the inventory list.

3. Method of preparing the forest product inventory list

a) The forest product owner shall fully record the contents about forest products in the forest product inventory list.

b) Record in detail for each piece of raw round log, peeled round log, peeled core log with a small end diameter from 10 cm to less than 20 cm, length from 1 meter upwards or a small end diameter of 20 cm or more, length from 30 cm upwards and each board, box-shaped peeled timber with a length from 1 meter upwards, width from 20 cm upwards, and thickness from 5 cm upwards.

c) Record the total quantity, volume, or weight for round logs, peeled logs, sawn timber that do not meet the dimensions specified in point b of this clause.

d) Record in detail or record the total quantity, volume, or weight for each type of non-timber forest products in accordance with reality.

đ) At the end of each page of the forest product inventory list, record the total volume of forest products.

Article 6. Logging Product Inbound and Outbound Monitoring Book

1. The Logging Product Inbound and Outbound Monitoring Book issued together with this Circular shall be uniformly applied to organizations engaged in logging, processing, and trading of logging products.

2. The Logging Product Inbound and Outbound Monitoring Book must be managed at the organization specified in Clause 1 of this Article. The logging product owner is responsible for recording the book immediately upon inbound and outbound logging products, clearly showing the following contents: date and time of inbound and outbound logging products; name of logging products, origin of logging products; specifications, quantity, volume, beginning period inventory, ending period inventory.

Organizations specified in Clause 1 of this Article, when importing wood with origins from natural forests within the country, must report to the local forest rangers' office for inspection and signature confirmation in the Logging Product Inbound and Outbound Monitoring Book.

Article 7. Confirmation of Logging Products

1. Authority to confirm logging products

a) Forest Ranger Station under the district level, Provincial Forest Protection Service, Central City Forest Protection Service in areas without district-level Forest Ranger Stations shall confirm logging products in the following cases:

- Unprocessed logging products with origins from natural forests, concentrated plantations within the country exported by organizations;

- Unprocessed logging products with origins from imported goods not processed domestically exported by organizations or individuals;

- Wild animals raised domestically and their parts, derivatives exported by organizations, communities, households, or individuals;

- Unprocessed logging products after confiscation exported by organizations, communities, households, or individuals;

- Processed logging products exported by organizations, communities, households, or individuals;

- Internal transportation of logging products between locations not within the same province or central city.

b) Forest Ranger Station in special-use forests, Forest Ranger Station in protective forests shall confirm logging products exported with legal origins from those special-use forests, protective forests, and unprocessed logging products after confiscation within their authority.

c) Local forest rangers advise the People's Committee of communes, wards, towns (hereinafter referred to as the People's Committee of commune level) to confirm logging products in the following cases:

- Unprocessed logging products with origins from household gardens, farms, scattered trees exported by organizations;

- Unprocessed logging products with origins from natural forests within the country, concentrated plantations, household gardens, farms, scattered trees exported by communities, households, or individuals.

2. Procedure and documents for requesting confirmation of logging products

a) The logging product owner directly submits one set of documents (original) requesting confirmation of logging products to the competent state agency as stipulated in Clause 1 of this Article.

b) Documents for requesting confirmation of logging products include: logging product list, sales invoice according to the Ministry of Finance regulations (if applicable), and documents on the origin of logging products according to current State regulations.

In case logging products are purchased from multiple communities, households, or individuals who have harvested from household gardens, farms, scattered trees, the buyer must prepare a logging product list, with signatures confirming from representatives of those communities, households, or individuals.

3. Time for confirmation

a) The time for confirming logging products and delivering results at the confirming agency shall not exceed three working days from the date of receiving complete and valid documents. If the review of documents and logging products complies with regulations, confirmation shall be carried out immediately.

If the documents are incomplete or invalid, the agency receiving the documents shall promptly notify the logging product owner and guide them to complete the documents.

b) In cases where verification of the origin of logging products is required before confirmation, the agency receiving the documents shall promptly notify the logging product owner and conduct verification of issues unclear in the logging product documents, origin of logging products, quantity, volume, type of logging products; a verification record must be established upon completion of verification. After verification, if there is no violation, logging product confirmation shall be carried out immediately according to this Circular. The maximum time for confirming logging products in cases requiring verification shall not exceed five working days from the date of receiving complete and valid documents.

If verification reveals violations, a file must be prepared for handling according to current laws.

c) The representative of the state agency confirming logging products must record their confirmation opinion on all contents recorded by the logging product owner in the logging product documents, including the number, date, month, year recorded in the accompanying invoice, vehicle registration number (if applicable); date, month, year of confirmation; sign, write full name, position, stamp of the agency on the logging product list, and bear legal responsibility for the accuracy and legality of the origin of confirmed logging products.

In cases where the People's Committee of commune level confirms logging products as stipulated in point c, Clause 1 of this Article, it must also have the signature of the local forest ranger on the logging product list; the local forest ranger must also bear legal responsibility for the accuracy and legality of the origin of logging products in the advisory process.

Article 8. Management and retention of forestry product records

1. The forestry product owner shall be responsible for managing forestry product records (originals) together with the forestry products; retaining forestry product records and logs of incoming and outgoing forestry products for a period of five years from the date of the forestry products being exported.

2. The competent authority confirming forestry products shall be responsible for retaining the forestry product inventory list (originals) after confirmation and copies of documents regarding the origin of forestry products at the agency's office.

Chapter II

LEGAL FOREST PRODUCT DOSSIER

Section 1

ORIGIN DOSSIER OF FOREST PRODUCTS

Article 9. Forestry products extracted domestically

1. Records of primary timber extraction, utilization, and harvesting from natural forests, concentrated plantations, household gardens, farms, and scattered crops.

a) Documents on timber extraction as prescribed in Circular No. 35/2011/TT-BNNPTNT dated May 20, 2011, issued by the Ministry of Agriculture and Rural Development guiding the implementation of timber extraction, harvesting, and non-timber forest product activities (hereinafter referred to as Circular No. 35/2011/TT-BNNPTNT) and current State regulations.

b) For timber meeting the criteria for affixing the forestry inspection stamp according to the Ministry of Agriculture and Rural Development’s regulations, including: the confirmation record of timber stamped with the forestry inspection stamp accompanied by the forestry product inventory list.

For timber not meeting the criteria for affixing the forestry inspection stamp according to the Ministry of Agriculture and Rural Development’s regulations: the forestry product inventory list confirmed by the local forestry inspection agency.

2. Records of non-timber forest products extracted from domestic forests

a) For forest plants, the records include: documents on non-timber forest product extraction as prescribed in Circular No. 35/2011/TT-BNNPTNT; the forestry product inventory list.

b) For forest animals: the forestry product inventory list confirmed by the local forestry inspection agency.

Article 10. Imported forestry products

1. The customs declaration form for imported forestry products, confirmed by the customs authority at the port of entry, according to current State regulations.

2. The packing list of forestry products exported by foreign organizations and individuals.

3. Certificates and other documents from the exporting country regarding the origin of forestry products (if any).

4. CITES permit for forestry products listed in Appendices I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Article 11. Confiscated forestry products

The records of confiscated forestry products include: administrative violation handling decision or evidence handling decision of the competent State authority confiscating forestry products for public funds, accompanied by the violation report and the forestry product inventory list.

Section 2

FORESTRY PRODUCT RECORDS IN CIRCULATION

Article 12. Unprocessed forestry products originating from natural forests within the country

1. The records of unprocessed forestry products exported by organizations include: sales invoices as prescribed by the Ministry of Finance, accompanied by the forestry product inventory list confirmed by the local forestry inspection agency.

2. The records of unprocessed forestry products exported by community residents, households, and individuals include: the forestry product inventory list confirmed by the People's Committee of the commune.

Article 13. Unprocessed forestry products originating from concentrated plantations, household gardens, farms, and scattered crops

1. The records of unprocessed forestry products exported by organizations from concentrated plantations include: sales invoices as prescribed by the Ministry of Finance, accompanied by the forestry product inventory list confirmed by the local forestry inspection agency.

2. The records of unprocessed forestry products exported by organizations from household gardens, farms, and scattered crops include: sales invoices as prescribed by the Ministry of Finance, accompanied by the forestry product inventory list confirmed by the People's Committee of the commune.

3. The records of unprocessed forestry products exported by community residents, households, and individuals include: the forestry product inventory list confirmed by the People's Committee of the commune.

Article 14. Unprocessed imported forest products

1. The records of unprocessed forestry products exported by organizations include: sales invoices as prescribed by the Ministry of Finance, accompanied by the forestry product inventory list confirmed by the local forestry inspection agency.

2. Export documentation for individuals: a list of forest products confirmed by the local forestry inspection agency.

Article 15. Domestic-raised wild animals; parts and derivatives thereof

1. Export documentation for organizations includes: sales invoices in accordance with the Ministry of Finance's regulations, accompanied by a list of forest products confirmed by the local forestry inspection agency.

2. Export documentation for communities, households, and individuals includes: a list of forest products confirmed by the local forestry inspection agency.

Article 16. Unprocessed forest products from confiscated goods

1. Export documentation for forest products processed by state agencies with authority includes: sales invoices in accordance with the Ministry of Finance's regulations, accompanied by a list of forest products prepared by the selling agency.

2. Export documentation for organizations includes: sales invoices in accordance with the Ministry of Finance's regulations, accompanied by a list of forest products confirmed by the local forestry inspection agency.

3. Export documentation for forest products from community residents, households, and individuals includes: a list of forest products confirmed by the local forestry inspection agency.

Article 17. Processed forest products

1. Export documentation for processed forest products from natural domestic timber includes: sales invoices in accordance with the Ministry of Finance's regulations, accompanied by a list of forest products confirmed by the local forestry inspection agency.

2. Processed forest products from imported timber, timber from confiscated goods

a) Export documentation for processed forest products from imported timber, timber from confiscated goods by organizations specified in point a, Clause 4, Article 26 of this Circular includes: sales invoices in accordance with the Ministry of Finance's regulations, accompanied by a list of forest products.

b) Export documentation for processed forest products from imported timber, timber from confiscated goods by organizations specified in point b, Clause 4, Article 26 of this Circular includes: sales invoices in accordance with the Ministry of Finance's regulations, accompanied by a list of forest products confirmed by the local forestry inspection agency.

3. Export documentation for processed forest products from natural domestic timber, imported timber, timber from confiscated goods by community residents, households, and individuals includes: a list of forest products confirmed by the local forestry inspection agency.

4. Export documentation for processed forest products from concentrated planted forests, home gardens, farms, scattered plantings.

a) Export documentation for processed forest products from concentrated planted forests, home gardens, farms, scattered plantings by organizations includes: sales invoices in accordance with the Ministry of Finance's regulations, accompanied by a list of forest products.

b) Export documentation for processed forest products from concentrated planted forests, home gardens, farms, scattered plantings by community residents, households, and individuals includes: a list of forest products.

5. Export documentation for processed non-timber forest products

a) Export documentation for processed non-timber forest products by organizations includes: sales invoices in accordance with the Ministry of Finance's regulations, accompanied by a list of forest products.

b) Export documentation for processed non-timber forest products by community residents, households, and individuals includes: a list of forest products.

Article 18. Internal transportation of forest products

1. Documentation for internal transportation of forest products within the territory of a province or centrally governed city includes: internal warehouse dispatch note, accompanied by a list of forest products.

2. Documentation for internal transportation of forest products between locations not within the territory of the same province or centrally governed city.

a) Documentation for internal transportation of timber, wild animals, parts, and derivatives thereof includes: internal warehouse dispatch note, accompanied by a list of forest products on each means of transport confirmed by the local forestry inspection agency.

b) Documentation for internal transportation of forest products not covered by point a of this Clause includes: internal warehouse dispatch note, accompanied by a list of forest products.

Article 19. Transport of Timber in Transit

1. The customs declaration for timber in transit must be confirmed by the Customs authority at the border gate in accordance with the current regulations of the State.

2. The packing list of organizations and individuals from abroad exporting such consignment.

3. The CITES permit for timber listed in Appendices I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

4. In cases where timber transported in transit is unloaded on the territory of Vietnam to be transferred due to changes in means of transport or transshipment at ports, railway stations, etc., the subsequent timber in transit documentation shall include: a packing list for each trip and each means of transport, accompanied by certified copies of the timber in transit documentation stipulated in Clauses 1, 2, and 3 of this Article.

Section 3

TIMBER DOCUMENTATION AT PROCESSING, BUSINESS, AND STORAGE FACILITIES

Article 20. Timber Documentation at Processing, Business, and Wildlife Breeding Facilities

Timber documentation at processing, business, and wildlife breeding facilities includes: logsheets recording timber imports and exports; sales invoices; packing lists, and other relevant documents concerning timber imports and exports as prescribed in this Circular.

Article 21. Timber Documentation at Storage Locations

Timber documentation at storage locations corresponds to each type of timber at different stages of the timber circulation process (timber origin; timber circulation; processing and trading) as prescribed in this Circular.

Chapter III

INSPECTION OF TIMBER ORIGIN

Section 1

PRINCIPLES FOR TIMBER INSPECTION

Article 22. Organization of Inspection Activities

1. Inspection of timber is carried out during the processes of harvesting, transportation, processing, trading, breeding, and storing timber by forestry inspection authorities at all levels.

When conducting inspections and discovering that the timber owner does not have complete timber documentation or that actual timber does not match the prescribed timber documentation in this Circular, the inspecting authority must organize investigations and verifications regarding the origin of the timber.

2. Timber inspection activities are conducted according to plans or spot checks when violations by the timber owner are detected or reported. During the inspection process, forestry inspectors must wear official uniforms, badges, insignias, and nameplates as required by the State.

3. All timber inspections must be carried out strictly in accordance with the procedures and formalities prescribed by law; inspection records must be prepared using Form No. 03 or 04 (for timber harvesting inspections) issued along with this Circular. If violations of State regulations are discovered during inspections, administrative violation records must be prepared in accordance with Decree No. 99/2009/NĐ-CP dated November 2, 2009, of the Government on administrative penalties for violations in forest management, forest protection, and timber management.

Article 23. Inspection Based on Reports

1. Receiving and Handling Reports

a) Upon receiving reports of illegal acts, the forestry inspector receiving the report must report to the head of the unit. If citizens directly come to the agency's office to file complaints, a record of receiving the citizen's report must be established. If the report is received by phone, the forestry inspector receiving the report must request the informant to provide information including their name, address, and phone number; if the informant does not provide this information, the forestry inspector receiving the report must immediately report to the head of the unit.

b) The head of the forestry inspection agency is responsible for establishing a logbook for reports and managing the logbook according to the confidential document management system.

2. Organizing Inspections Based on Reports

Reports from organizations and individuals in any form are considered grounds for considering the organization of timber inspections. The head of the unit receiving the report decides to implement inspections based on the report when there are credible grounds.

Section 2

INSPECTION OF TIMBER HARVESTING

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

1. Content of Inspection

a) Compliance with legal provisions before exploitation: approval of exploitation design, exploitation permit, preparation of the exploitation site (clearing the forest, making new or repairing transport roads, wood storage areas, boundary markers for the exploitation area).

b) Compliance with legal provisions during and after the exploitation process: location of exploitation; adherence to technical procedures; quantity, volume, species of main forest products exploited, utilization, forest sanitation; handover and post-exploitation forest protection.

c) Documents and materials related to forest product exploitation.

2. Inspection methods

a) Full inspection at the exploitation site or random selection of at least 30% (thirty percent) of the permitted forest area for exploitation.

b) Comparison of exploitation records with actual forest products exploited at the site.

Article 25. Inspection of Exploited Forest Products

1. For timber that has been exploited, transported, and delivered to the centralized collection site, inspection of the timber shall be conducted simultaneously with affixing the forestry inspector's hammer stamp as follows:

a) Inspection of the centralized timber collection site after exploitation; quantity, volume, species name, cutting into sections, numbering of tree tops; affixing the hammer stamp according to the regulations of the Ministry of Agriculture and Rural Development.

b) Inspection of exploitation records in accordance with Article 24 of this Circular.

2. For non-timber forest products, inspection shall be conducted regarding quantity, volume, species name; verification and confirmation in the forest product inventory list; exploitation records in accordance with Article 24 of this Circular.

Section 3

INSPECTION OF FOREST PRODUCTS AT PROCESSING, BUSINESS ESTABLISHMENTS, STORAGE PLACES; WILDLIFE BREEDING FACILITIES

Article 26. Inspection of Processing and Business Establishments for Forest Products

1. When inspecting forest products at processing and business establishments, there must be a document from the head of the competent forestry inspection authority.

In case of discovering forest products of illegal origin, the forestry inspector conducting the inspection has the right to immediately organize an inspection and report to the head of the authority.

2. The owner of the processing and business establishment must comply with the inspection requirements of the forestry inspector; promptly present management records of the processing and business establishment and the origin of forest products in accordance with this Circular.

3. Content of inspection

a) Management records of the processing and business establishment: Business registration certificate issued by the competent state agency, including activities related to processing and trading of forest products.

b) Forest product records.

c) Current forest products at the processing and business establishment.

d) Inspection of the forestry inspector's hammer stamp on timber that must have the hammer stamp according to the regulations of the Ministry of Agriculture and Rural Development.

đ) Storage of forest product records.

4. By the first quarter of each year, the Forestry Inspection Division is responsible for reviewing and classifying; publicly notifying the processing and business establishments for forest products within its jurisdiction and posting at the division's office, while reporting to the National Forestry Inspection Bureau on the compliance with laws by these organizations in two categories:

a) Processing and business establishments for forest products that comply well with state regulations.

b) Processing and business establishments for forest products that violate state regulations on forest product records or fail to fully comply with state regulations.

Article 27. Inspection of Stored Forest Products

1. Inspection of storage places for forest products not covered under Article 26 of this Circular, including railway stations, ports, warehouses, must have a document from the head of the forestry inspection authority.

In case of discovering forest products of illegal origin, the forestry inspector conducting the inspection has the right to immediately organize an inspection and report to the head of the authority.

2. The owner of the storage place and the owner of the forest products must comply with the requirements of the forestry inspector; promptly present the forest product records currently being stored in accordance with this Circular.

3. Content of inspection

a) Forest product records currently being stored.

b) Current forest products at the storage place.

c) Inspection of the forestry inspector's hammer stamp on timber that must have the hammer stamp according to the regulations of the Ministry of Agriculture and Rural Development.

Article 28. Inspection of Wildlife Breeding Facilities

1. When inspecting wildlife breeding facilities, forestry rangers must have a written authorization from the head of the competent forestry management agency.

In case of discovering forest products of illegal origin, the forestry inspector conducting the inspection has the right to immediately organize an inspection and report to the head of the authority.

2. Content of inspection

a) Compliance with legal provisions on wildlife breeding: registration certificates for breeding, housing conditions, animal origins, environmental hygiene.

b) Import and export records of wildlife.

c) Wildlife currently being bred.

Section 4

INSPECTION OF TIMBER IN TRANSIT

Article 29. Inspection of Timber in Transit

1. Forestry rangers may stop vehicles on land or waterways in transit to inspect timber only when there is evidence that illegal timber transportation is taking place on the vehicle. The person ordering the stop is responsible under the law for their decision to stop the vehicle.

Stopping signals can be given using sirens, forestry flags, or flashlights.

Barricades shall not be set up on roads to stop traffic for timber inspections. In exceptional cases, such actions must be decided by the Chairman of the Provincial People's Committee and they will be responsible for directing and organizing the implementation.

2. Drivers transporting timber must comply with the stopping signals issued by forestry rangers; immediately present the original timber documentation on the vehicle as stipulated in this Circular and the current regulations on transportation documents.

3. Content of inspection

a) Timber documentation.

b) Timber currently on the transport vehicle.

c) Inspection of the forestry inspector's hammer stamp on timber that must have the hammer stamp according to the regulations of the Ministry of Agriculture and Rural Development.

After inspection, the inspector in charge must record the name of the inspection agency; date, month, year, and location of inspection; quantity and volume of timber on the transport vehicle; sign and write their full name on the back of the sales invoice and timber inventory list.

Article 30. Inspection of Imported, Exported, and Transiting Timber at Border Gates

In cases where it is necessary to verify the origin of imported, exported, or transiting timber, the Forest Protection Department will coordinate with the customs authority at the border gate to organize inspections and verifications according to this Circular and current legal regulations.

Chapter IV

IMPLEMENTATION

Article 31. Effective Date

1\. This Circular takes effect forty-five days from the date of issuance.

2. This Circular replaces Decision No. 59/2005/QĐ-BNN dated October 10, 2005, issued by the Minister of Agriculture and Rural Development regarding the issuance of regulations on timber inspection and control.

Article 32. Reporting Regime

1. Every three months, on the last day of each quarter, logging, processing, and trading facilities must submit reports according to Form No. 05 attached to this Circular on the situation of timber imports and exports to the local forestry management agency.

2. For agencies authorized to confirm timber

a) Monthly, on the first week of the following month, the People's Committee of the commune must submit reports according to Form No. 06 attached to this Circular on the situation of timber confirmation to the local forestry management agency if there was confirmation of timber as stipulated in this Circular during the month.

b) Quarterly, on the second week of the following quarter, the local forestry management agency must submit reports according to Form No. 06 attached to this Circular on the situation of timber imports and exports in their area to the provincial Forest Protection Department.

c) The provincial Forest Protection Department has the responsibility to provide and report on the management of timber and verification of timber origin in their area according to this Circular when requested by the National Forest Protection Department.

Article 33. Handling Violations

Organizations and individuals violating the provisions of this Circular will be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation, as provided by law./.