Circular No. 07/LS-CNR guiding the implementation of Decision No. 14-CT dated January 15, 1992 of the Chairman of the Council of Ministers on the assignment to the Ministry of Forestry to unify state management over the wood processing industry and other forest products.

 CIRCULAR

OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Guidelines for implementing Decision No. 14-CT dated January 15, 1992 of the Chairman of the Council of Ministers regarding the transfer to the Ministry of Forestry for unified state management of the wood processing industry and other forest products

Pursuant to the Forest Protection and Development Law;
Pursuant to Decision No. 14-CT dated January 15, 1992 of the Chairman of the Council of Ministers transferring to the Ministry of Forestry for unified state management of the wood processing industry and other forest products;

I. THE MINISTRY OF FORESTRY SHALL BE RESPONSIBLE FOR GUIDING

ALL ORGANIZATIONS AND INDIVIDUALS TO IMPLEMENT

1. Management of forest resources, including natural forests and planted forests.

2. Developing and promulgating an overall plan for the network of wood processing facilities and other forest product processing facilities nationwide.

3. Developing and promulgating systems, regulations, procedures, norms, and standards for wood processing and other forest product processing.

4. Issuing permits for wood processing and other forest product processing as a basis for competent authorities to make decisions on establishing enterprises, issuing enterprise establishment licenses, and issuing business licenses according to regulations on state-owned enterprises, companies, private businesses, individuals, and business groups.

5. Reorganizing wood processing facilities and other forest product processing facilities nationwide. Coordinating with relevant ministries, sectors, and localities to reorganize their own processing facilities.

6. Inspecting and auditing compliance with wood processing and other forest product processing systems and regulations.

II. PROVINCE PEOPLE'S COMMITTEES AND RELEVANT MINISTRIES AND SECTORS SHALL BE RESPONSIBLE

1. Based on the overall plan for the network of wood processing facilities and other forest product processing facilities already issued, they shall develop their own processing networks. Reviewing this plan after reaching agreement with the Ministry of Forestry.

2. Self-reorganizing processing facilities, including both state-owned and non-state-owned. After obtaining agreement from the Ministry of Forestry in each specific case, issue processing permits for these facilities according to a uniform model issued by the Ministry of Forestry.

The provincial forestry agency shall be responsible for assisting the provincial People's Committee in implementing the above issues.

Ministries and sectors with specialized processing of wood and other forest products need to register with the Ministry of Forestry to have appropriate division and delegation of management authority.

III. REGULATIONS ON ISSUANCE OF PROCESSING PERMITS

FOR WOOD AND OTHER FOREST PRODUCTS

1. A processing permit for wood and other forest products is a document confirming the economic and technical conditions required for wood processing enterprises and other forest product processing enterprises, used in the application for establishment of enterprises and business licenses. The processing permit for wood and other forest products serves as the basis for competent authorities to make decisions on establishing enterprises, issuing enterprise establishment licenses, and issuing business licenses.

A. GENERAL PROVISIONS

For state-owned enterprises, the processing permit for wood and other forest products is considered the agreement of the sectoral management ministry on the economic and technical conditions for the wood processing industry and other forest product processing.

Only enterprises that have been granted a permit may engage in wood processing and other forest product processing.

2. The list of goods requiring a processing permit includes:

a. Regarding the wood processing industry, including:

- Sawing roundwood into semi-finished wood products.

- Processing wood into various types of panels and artificial boards: peeled panels, glued laminated panels, finger-jointed panels, sliced panels, particleboard, fiberboard.

- Processing wood into wood chips, wood pieces, and wood pulp for paper production.

- Wood furniture, including: household furniture, interior furniture, construction furniture, decorative furniture, furniture for transportation, communication, sports, education, and furniture for other industries.

b. Regarding the processing of other forest products, including:

- Processing rattan, bamboo, and palm.

- Processing resin and other tree oils.

3. Entities required to apply for a permit include all existing enterprises and newly established enterprises, including:

- Non-state-owned enterprises: joint-stock companies, limited liability companies, private businesses, individuals, and business groups.

- State-owned enterprises;

- Enterprises with foreign investment.

4. Conditions for issuance of a permit:

Enterprises meeting the following conditions will be considered for issuance of a permit:

a. Consistent with the direction of processing or the national plan for the processing network.

b. Having clear and stable raw material sources.

c. Having a stable operating base in a defined area with a specific address.

d. Having qualified technical staff, technical workers, and suitable and necessary processing machinery and equipment.

B. APPLICATION DOCUMENTS FOR PERMIT - AUTHORITY TO ISSUE PERMIT

1. Application documents for a permit, including:

a. Permit application form (model in Appendix Ia, Ib)

b. Decisions on establishment, establishment licenses, and business licenses already obtained.

c. An explanation and elaboration of the following contents:

- Total designed capacity, annual production volume, products, and export product specifications.

- Raw material sources through joint ventures, associations, exchanges, purchases, sales, or processing, etc., with specific addresses (attached with contracts).

- Environmental protection and labor safety solutions.

2. Authority to issue permits:

a. The Ministry of Forestry issues permits for:

- State-owned enterprises under central and local governments.

b. The provincial forestry agency assists the provincial People's Committee in issuing permits for non-state-owned enterprises after receiving approval from the Ministry of Forestry.

4. Conditions for issuance of a permit:

Enterprises submit application documents directly to the competent authority to issue permits as mentioned above starting from May 1, 1992. For 1992, the final date for accepting applications is July 30, 1992.

The time limit for reviewing and issuing permits is 45 days from the date of receipt of complete and valid application documents for enterprises meeting the conditions. In cases where the conditions are not met, the issuing authority will notify the enterprise in writing and simultaneously send the notification to the competent authority issuing establishment decisions and business licenses, the founding body, and the provincial economic arbitration board. From the date of issuance, the permit is valid for five years for state-owned enterprises and three years for non-state-owned enterprises. The issuing authority sends copies of the issued permits to relevant agencies.

When changing the content of wood processing and other forest product processing, enterprises must apply for a new permit. When ceasing operations, enterprises must inform the issuing authority.

C. INSPECTION AND VIOLATION HANDLING

Enterprises violating any of the following situations will be subject to administrative penalties as prescribed by law:

1. Operating outside the scope of the issued permit.

1. Activities outside the scope of the issued license;

2. Using raw materials not registered according to the application without legitimate reasons;

3. Violating procedures, regulations, technical guidelines, and provisions on the use of wood and other forest products, causing wastage of forest resources and environmental impact;

4. Ceasing operations continuously for over one year;

The forestry inspection agency is responsible for inspecting the raw materials (wood and other forest products) of enterprises based on the issued permits. The Ministry of Agriculture and Rural Development conducts surprise inspections nationwide when necessary.

Annually, provincial forestry management agencies report the consolidated situation of issuing permits and implementing such permits within their jurisdiction to the Ministry of Agriculture and Rural Development.

This Circular takes effect from the date of signature.

All provisions contrary to this Circular are hereby abolished.

 

ANNEX IA

FOR STATE ENTERPRISES AND ENTERPRISES WITH FOREIGN INVESTED CAPITAL

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Day... month... year 199...

APPLICATION FOR A PERMIT TO PROCESS WOOD AND OTHER FOREST PRODUCTS

Respectfully submitted to:Mr. Minister of Agriculture and Rural Development

My name is:...Year of birth:...

Place of origin:...Place of residence:...

Professional qualification:...

Position...

appointed by Decision No....dated...of...

(attached with a copy of the decision)

representing:...

apply for a permit to process wood and other forest products as follows:

1. The enterprise applies for a permit under the name...

(Address...Phone...) established by Decision No....dated...of...(if available, please attach a copy of the decision).

2. Content of the application to process wood and other forest products:

a. Total designed capacity: ...m³ cubic meters/year of roundwood

Annual production volume...m³ cubic meters/year of roundwood.

Main products and product specifications (specify export products):

Sawmill products:...

Wood products:...

etc...

b. Raw material sources: (according to specific addresses)

c. Technical staff and high-level workers in processing (specify the person primarily responsible for technology and attach a list of technical staff and workers from level 3 and above according to Model Ic in the Annex).

d. Main machinery and equipment: (with attached list, Annex Id).

e. Scope of operation: (specify location)

g. The application period is one year, starting from the date...

Upon issuance of the permit, I solemnly commit to operating in accordance with the issued permit and strictly comply with the regulations of the Ministry of Agriculture and Rural Development regarding the management of wood and other forest product processing. In case of violation, I will accept the penalties stipulated by law.

APPLICANT

ANNEX IIA

FOR STATE ENTERPRISES AND ENTERPRISES WITH FOREIGN INVESTED CAPITAL

PERMIT TO PROCESS WOOD AND OTHER FOREST PRODUCTS

THE MINISTER OF FORESTRY

Issued to the enterprise named:...

(Address...Phone...)

permitted to process wood and other forest products according to the following content:

1. Maximum annual production volume...m³ cubic meters/year of roundwood

2. Main products and product specifications:

Sawmill products:...

Flooring panels...

Wood products:...

etc...

3. Raw material sources

4. Scope of Operation

5. The validity period of the permit is...years, starting from the date...

THE MINISTER

MINISTRY OF FORESTRY

ANNEX IB

FOR NON-STATE ENTERPRISES

(JOINT STOCK COMPANIES, LIMITED LIABILITY COMPANIES, PRIVATE ENTERPRISES, INDIVIDUALS OR BUSINESS GROUPS)

PRIVATE ENTERPRISE, INDIVIDUAL OR GROUP BUSINESS)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Day... month... year 199...

APPLICATION FOR A PERMIT TO PROCESS WOOD AND OTHER FOREST PRODUCTS

Respectfully submitted to:Mr. Director of the Forestry Department

(or Department of Agriculture and Forestry...)

My name is...Year of birth...

Place of origin...Place of residence...

Position (if applicable)...

Professional qualification...

Current occupation...

As a person (or representative for...) applying for a permit to process wood and other forest products as follows:

1. The enterprise applies for a permit under the name...

(Address...Phone...

established or operating according to a permit (if available, please attach a copy of the permit).

2. Content of the application to process wood and other forest products.

a. Total designed capacity...m³ cubic meters/year of roundwood

Annual production volume...m³ cubic meters/year of roundwood

Main products and product specifications (specify non-export products):

Sawmill products:...

Wood products:...

etc...

b. Raw material sources (according to specific addresses)

c. Technical staff and high-level workers in processing (specify the person primarily responsible for technology and attach a list of technical staff and workers from level 3 and above according to Model Ic in the Annex).

d. Main machinery and equipment: with attached list, Annex Id.

e. Scope of operation (specify location)

g. The application period is...years, starting from the date...

Upon issuance of the permit, I solemnly commit to operating in accordance with the issued permit and strictly comply with the regulations of the Ministry of Agriculture and Rural Development regarding the management of wood and other forest product processing. In case of violation, I will accept the penalties stipulated by law.

APPLICANT

ANNEX IIB

FOR NON-STATE ENTERPRISES (JOINT STOCK COMPANIES, LIMITED LIABILITY COMPANIES, PRIVATE ENTERPRISES, INDIVIDUALS OR BUSINESS GROUPS)

LICENSE

PROCESSING WOOD AND OTHER FOREST PRODUCTS

Director of the Forestry Department:...

Issued to the enterprise named:...

(Address...Phone...)

permitted to process wood and other forest products according to the following content:

1. Maximum annual production volume...m³ cubic meters/year of roundwood

2. Main products and product specifications:

Sawmill products:...

Flooring panels:...

Wood products:...

etc...

3. Raw material sources:...

4. Scope of operation:...

5. The validity period of the permit is...years, starting from the date...

DIRECTOR OF THE FORESTRY DEPARTMENT

ANNEX IC

LIST OF TECHNICAL STAFF AND HIGH-LEVEL WORKERS

IN WOOD AND OTHER FOREST PRODUCT PROCESSING

ANNEX ID

LIST OF MAIN MACHINERY AND EQUIPMENT FOR WOOD AND OTHER FOREST PRODUCT PROCESSING