Decree No. 120/2024/ND-CP Amending and supplementing some articles of Decree No. 102/2020/ND-CP dated September 1, 2020 of the Government on the Vietnam Timber Legality Assurance System

DECREE

Amending and supplementing certain Articles of Decree No. 102/2020/NĐ-CP dated September 1, 2020 of the Government on the Vietnam Timber Legality Assurance Systemdated September 1, 2020 concerning the Vietnam Timber Legality Assurance System Pursuant to the Voluntary Partnership Agreement between the Socialist Republic of Vietnam and the European Union on the Implementation of Forest Law Enforcement, Governance and Trade (FLEGT), which entered into force on June 1, 2019;

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Forestry Law dated November 15, 2017;

Pursuant to the Memorandum of Understanding between the Government of the Socialist Republic of Vietnam and the Government of the United States of America on the Harvesting and Trade of Illegal Timber, which entered into force on October 31, 2021;

The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 102/2020/NĐ-CP dated September 1, 2020 of the Government on the Vietnam Timber Legality Assurance System.

At the proposal of the Minister of Agriculture and Rural Development;

Article 1. Amending and supplementing certain Articles of Decree No. 102/2020/NĐ-CP dated September 1, 2020 of the Government on the Vietnam Timber Legality Assurance System

"1. This Decree stipulates the Vietnam Timber Legality Assurance System for import and export activities of timber; criteria, authority, procedures, and formalities for classifying enterprises engaged in planting, harvesting, and supplying plantation timber, processing, importing, and exporting timber; issuing FLEGT licenses."

1. Amending and supplementing Clause 1 of Article 1 as follows:

2. Amending and supplementing Clause 1, Clause 2, and Clause 7 of Article 3 as follows:

"1. Legal timber is timber and wood products (hereinafter referred to as timber) harvested, imported, transported, bought and sold, processed, and exported in compliance with Vietnamese laws; relevant provisions of international treaties to which Vietnam is a party; and laws related to the country, territory where the timber is harvested, transshipped, and exported to Vietnam.

2. A FLEGT license is a document issued by a state management agency upon request of an organization or individual for exporting a consignment of timber to the European Union (hereinafter referred to as EU) in accordance with the provisions of this Decree, the Voluntary Partnership Agreement between the Socialist Republic of Vietnam and the EU on the Implementation of Forest Law Enforcement, Governance and Trade (FLEGT) (hereinafter referred to as VPA/FLEGT), and related legal regulations.
7. A consignment of imported or exported timber is a specific quantity of timber imported or exported at one time together with the import or export documentation."
3. Amending and supplementing Point c Clause 4 of Article 4 as follows:

"c) Providing documentation, implementing declaration of origin of imported timber according to Clause 1 of Article 7 of this Decree, and being responsible for the accuracy of the documentation and information declared."

4. Amending and supplementing Clause 5 of Article 4 as follows:

"5. Documentation when buying and selling, transferring ownership of timber with imported origin after customs clearance shall be carried out in accordance with the regulations of the Minister of Agriculture and Rural Development on management and traceability of forest products."

Article 5. List of countries and territories in the positive geography area

5. Amend and supplement Article 5 as follows:

1. Countries and territories in the positive geography area must meet one of the following criteria:

a) Operating a legality assurance system for timber and issuing FLEGT licenses;

b) Having national laws regarding accountability for the legality of timber throughout the supply chain from the country or territory of origin that aligns with the Vietnam Timber Legality Assurance System;

c) Having a Government Effectiveness Index of 0 or higher according to the latest ranking by the World Bank's Worldwide Governance Indicators (WGI); having a system of regulatory documents on the implementation of CITES classified as Type I by the CITES Secretariat, and meeting one of the following criteria: the country or territory has a national forest certification system recognized by Vietnam that meets the legality criteria set forth in this Decree, or the country or territory has signed an international agreement or memorandum of understanding with Vietnam on legal timber.

2. Countries and territories not in the positive geography area include those that:

a) Do not meet the criteria specified in Clause 1 of this Article;

b) Meet the criteria specified in Clause 1 of this Article but have evidence of illegal logging or trade in timber or the use of fraudulent documents according to the laws of relevant countries.

3. The list of countries and territories in the positive geography area shall be compiled by the Ministry of Agriculture and Rural Development, in coordination with the Ministry of Foreign Affairs, the Ministry of Industry and Trade, the Ministry of Finance, relevant ministries, sectors, and organizations specified in international agreements or memorandums of understanding to which Vietnam is a party; it shall be published annually before December 31 or whenever there is a change on the Ministry of Agriculture and Rural Development's official website and the website: www.kiemlam.org.vn."

Article 6. List of risk timber species

6. Amend and supplement Article 6 as follows:

1. Timber belongs to the list of risk species if it meets one of the following criteria:

a) It is listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);

b) It is included in the List of Rare and Precious Forest Plants and Animals in Groups IA and IIA, or the List of Endangered, Rare, and Precious Species Requiring Priority Protection under Vietnamese law;

c) It is a timber species first imported into Vietnam;

d) It is at risk of extinction in the country or territory of origin, or it is illegally harvested or traded, or its legality is certified using fraudulent documents, as determined and publicly announced by the Ministry of Agriculture and Rural Development in coordination with the Ministry of Industry and Trade, the Ministry of Natural Resources and Environment, the Ministry of Foreign Affairs, relevant ministries, sectors, and organizations specified in international agreements or memorandums of understanding to which Vietnam is a party.

2. Timber does not belong to the list of risk species if it does not meet the criteria specified in Clause 1 of this Article.

3. The list of timber species already imported into Vietnam, including scientific names, Vietnamese commercial names, and English names (if available), shall be compiled by the Ministry of Agriculture and Rural Development, in coordination with the Ministry of Finance; it shall be reviewed annually before December 31 and published on the Ministry of Agriculture and Rural Development's official website and the website: www.kiemlam.org.vn whenever there is a change."

3. The list of timber species imported into Vietnam shall include scientific names, Vietnamese trade names, and English trade names (if available), to be determined by the Ministry of Agriculture and Rural Development in coordination with the Ministry of Finance; such list shall be reviewed periodically before December 31 of each year and made public on the Ministry of Agriculture and Rural Development's electronic portal and at the website: www.kiemlam.org.vn when there are changes.

7. Amend and supplement Article 7 as follows:

"Article 7. Import timber documents

When processing customs procedures for imported timber consignments, in addition to the customs declaration documents prescribed by laws on Customs, the importer must present to the Customs authority at the place where the declaration is registered the following documents:

1. The original Timber Import Declaration Form prepared by the importer according to Model No. 01 attached as Appendix I to this Decree.

2. One of the following documents:

a) In case of timber listed in CITES Appendix: A copy of the CITES export or re-export permit issued by the competent authority of the exporting or re-exporting country; the original or electronic version of the CITES import permit issued by the competent authority of Vietnam.

b) In case of timber imported from countries or territories that have signed the FLEGT Agreement with the EU and operate a FLEGT licensing system: A copy of the FLEGT export permit issued by the competent authority of the exporting country.

3. In case the importer presents paper documents: After completing the customs procedures, the Customs authority shall return the timber import documents to the importer for safekeeping in accordance with regulations."

8. Amend and supplement Clause 2 of Article 8 as follows:

"2. Exported timber shall be managed by species, export market, and based on the results of enterprise classification for planting, harvesting, supplying plantation timber, processing, importing, and exporting timber."

9. Amend and supplement Clause 1 of Article 9 as follows:

"1. Confirmation object: Export timber consignment of the timber importer who is not a Group I enterprise."

10. Amend and supplement the opening part of Article 10 as follows:

"When processing customs procedures for exported timber consignments, in addition to the customs declaration documents prescribed by laws on Customs, the exporter must present to the Customs authority at the place where the declaration is registered one of the following documents:"

11. Supplement Clause 4 of Article 10 as follows:

"4. In case the exporter presents paper documents: After completing the customs procedures, the Customs authority shall return the exported timber documents to the exporter for safekeeping in accordance with regulations."

12. Amend the name of Chapter III as follows:

"Chapter III

CLASSIFICATION OF ENTERPRISES FOR PLANTING, HARVESTING AND SUPPLYING PLANTATION TIMBER, PROCESSING, IMPORTING, EXPORTING TIMBER"

13. Amend and supplement Clause 3 of Article 11 as follows:

"3. The initial classification is carried out when enterprises register in the Enterprise Classification Information System; subsequent classifications for Group I enterprises are conducted every two years, and for Group II enterprises, every year."

14. Amend and supplement Point c of Clause 1 of Article 12 as follows:

"c) Comply with reporting requirements as stipulated in Clause 5 of Article 27 of this Decree and retain original records in accordance with the law;"

15. Amend and supplement Clause 2 of Article 12 as follows:

"2. Group II enterprises are those participating in the enterprise classification but failing to meet one of the criteria specified in Clause 1 of this Article."

16. Amend and supplement Clause 1 of Article 13 as follows:

"1. Object: Enterprises engaged in planting, harvesting, supplying plantation timber, processing, importing, and exporting timber."

17. Amend and supplement Clause 3, Clause 4 of Article 13 as follows:

"3. Implementation procedure:
a) Enterprises registering in the Enterprise Classification Information System shall self-declare according to Model No. 08 attached as Appendix I to this Decree.

In case enterprises cannot apply the Enterprise Classification Information System, they shall directly send or through public postal services or post offices the Timber Classification Declaration Form according to Model No. 08 attached as Appendix I to this Decree to the receiving authority. The receiving authority is responsible for entering information into the Enterprise Classification Information System;

b) Within one working day from the date of receipt of the enterprise's declaration information as stipulated in point a of this clause, the Enterprise Classification Information System of the receiving authority will automatically classify enterprises into Group I based on the criteria specified in Clause 1 of Article 12 of this Decree.

In case there is suspicion about the self-declared information or the enterprise using fake documents, the receiving authority shall notify the enterprise applying for classification in writing within three working days from the date of automatic classification by the Enterprise Classification Information System, specifying the time and content to be verified.

Within five working days from the date of notification, the receiving authority shall cooperate with relevant authorities to verify the accuracy of the self-declared information and notify the verification result to the enterprise;

c) Within three working days from the date the Enterprise Classification Information System automatically classifies the enterprise as Group I or from the end of the verification of the declared information as stipulated in point b of this clause, if the enterprise meets all the criteria specified in Clause 1 of Article 12 of this Decree, the receiving authority shall classify the enterprise as Group I in the Enterprise Classification Information System;

d) Within one working day from the date of classification as Group I as stipulated in point c of this clause, the receiving authority shall notify the classification result to the enterprise applying for classification. If the enterprise does not meet all the criteria for Group I, the receiving authority shall notify the enterprise, specifying the reasons, and simultaneously send one copy of the classification result notification to the Forest Protection Department for consolidation and publication of the classification results on the website: www.kiemlam.org.vn.

4. In case a Group I enterprise or the lawful representative of a Group I enterprise is criminally processed according to Article 232 of the Penal Code 2015 (amended in 2017) for illegal logging; illegal deforestation; illegal transportation of forest products; illegal storage, purchase, sale, export, import, processing of forest products with a fine of VND 25,000,000 or more; or if there is evidence proving that the enterprise currently classified as a Group I enterprise does not comply with the provisions at points b and c, Clause 1, Article 12 of this Decree; or if the enterprise fails to declare as required under Clause 4a, Article 13 of this Decree, then the following measures shall be taken:

a) Within one working day from the date of receiving information on violation handling from the competent authority or having evidence proving that the enterprise does not comply with the provisions at points b and c, Clause 1, Article 12 of this Decree or failing to declare as required under Clause 4a, Article 13 of this Decree, the agency responsible for transferring the enterprise classification from Group I to Group II shall update the enterprise classification transfer result in the Enterprise Classification Information System and clearly notify the reason on the Enterprise Classification Information System;

b) Within one working day from the date the agency updates the enterprise classification transfer result on the Enterprise Classification Information System, the Forest Protection Department shall compile and publicly announce the list of enterprise classification transfers on the website: www.kiemlam.org.vn.

18. Supplement Clause 4a of Article 13 as follows:

"4a. A Group I enterprise is responsible for declaring the reclassification dossier before 30 days from the expiration date of the recognition of the Group I enterprise as stipulated in Clause 3, Article 11 of this Decree."

19. Amend and supplement Clause 1 of Article 14 as follows:

"1. The FLEGT permit is issued for a consignment of legally sourced timber with HS code belonging to the HS code table for goods under the management of the Ministry of Agriculture and Rural Development, exported by a timber exporter to the first entry point into the EU market."

20. Amend and supplement Clause 2 of Article 15 as follows:

"2. The FLEGT permit must not have any erasures or alterations except in cases of extension, replacement, or reissue of the FLEGT permit by the agency designated by the Ministry of Agriculture and Rural Development."

21. Amend and supplement Clauses 1 and 2 of Article 16 as follows:

"1. The subject of issuing the FLEGT permit: Legally sourced timber with HS code belonging to the HS code table for goods under the management of the Ministry of Agriculture and Rural Development, exported to the EU market, except for timber requiring a CITES permit.
2. The agency issuing the FLEGT permit: The agency designated by the Ministry of Agriculture and Rural Development (hereinafter referred to as the Permit Issuing Agency)."

22. Amend and supplement Article 27 as follows:

"Article 27. Responsibilities of the Forest Protection Agency, the Permit Issuing Agency, the Customs Agency, and related organizations and individuals

1. Central Forest Protection Agency:

a) Establish and manage the operation of the Enterprise Classification Information System, apply necessary technical measures to ensure the confidentiality of information and data on the system, ensuring accurate, timely, and effective sharing of information and data with relevant agencies, organizations, and individuals; inspect and supervise the enterprise classification process, compliance with laws on timber production and processing nationwide; publish the results of enterprise classification; advise the Ministry of Agriculture and Rural Development to publish information as prescribed by this Decree;

b) Coordinate with the Customs Agency to inspect and trace the origin of imported and exported timber.

2. The Permit Issuing Agency:

a) Manage the issuance, extension, revocation, reissuance, and replacement of FLEGT permits according to this Decree;

b) Manage the database of FLEGT permit application files, including the issuance and denial of FLEGT permits;

c) Provide information to clarify issues related to the issuance of FLEGT permits upon request of importing country authorities when there is suspicion about the authenticity and legality of the permit.

3. Provincial Forest Protection Agency or Department of Agriculture and Rural Development in provinces and centrally-administered cities without a provincial Forest Protection Agency:

a) Direct the confirmation of exported timber; organize enterprise classification; inspect and supervise the compliance of organizations and individuals within their jurisdiction; implement management, traceability of timber origin, and retain files and documents as prescribed by this Decree and other relevant laws; store, back up, and ensure the security of information and data of transactions conducted on the Enterprise Classification Information System;

b) Coordinate with the Customs Agency to inspect and trace the origin of imported and exported timber.

4. Customs Agency:

a) Inspect imported and exported timber according to this Decree and customs regulations;

b) Coordinate with the Forest Protection Agency and other relevant agencies in inspecting and verifying the legality of imported and exported timber consignments;

c) General Customs Department shall compile and provide statistics on timber exports and imports according to Form No. 14 of Appendix I accompanying this Decree to the Ministry of Agriculture and Rural Development quarterly, before July 15 for the first half-year report and before January 15 for the second half-year report. Statistics for the first half-year are from January 1 to June 30; statistics for the second half-year are from July 1 to December 31.

5. Organizations and individuals:

a) Shall be responsible under the law for the accuracy and legality of timber in logging, importation, transportation, purchase, sale, processing, and export. Fully comply with all requirements to ensure the legality of timber as prescribed by this Decree and other relevant laws;

b) Retain timber records for five years from the date of timber sale.

c) Enterprises planting, harvesting, and supplying plantation timber, processing wood, importing wood, and exporting wood shall implement the reporting system as prescribed in the Circular of the Minister of Agriculture and Rural Development on management and traceability of forest products; provide information about forest product files when requested by competent authorities in accordance with the law.
d) Declare, explain, provide information related to the origin of wood as prescribed in this Decree and comply with inspections and supervision by competent authorities.

23. Supplement Clause 6 of Article 28 as follows:

"6. In case the regulatory legal document cited in this Decree is amended, supplemented, or replaced, it shall be implemented according to the amended, supplemented, or replacing document."

Article 2. Replace, abolish some terms, phrases, points, clauses, and articles of Decree No. 102/2020/NĐ-CP dated September 1, 2020 of the Government stipulating the Vietnam Timber Legality Assurance System.

1. Replace the phrase "Country within the geographical region" with the phrase "Country, territory within the geographical region" in Clause 11 of Article 3 and Clause 3 of Article 4 of Decree No. 102/2020/NĐ-CP dated September 1, 2020 of the Government stipulating the Vietnam Timber Legality Assurance System (hereinafter referred to as Decree No. 102/2020/NĐ-CP).

2. Replace the phrase "type of wood" with the phrase "species of wood" in Clause 3 and Point b of Clause 4 of Article 4, Point c of Clause 6 of Article 9, and Form No. 10 of Appendix I promulgated together with Decree No. 102/2020/NĐ-CP.

3. Replace the phrase "cyber environment" with the phrase "electronic environment" in Article 21 and Clause 1 of Article 21 of Decree No. 102/2020/NĐ-CP.

4. Replace Form No. 01 of Appendix I promulgated together with Decree No. 102/2020/NĐ-CP with Form No. 01 of Appendix I promulgated together with this Decree.

5. Replace Form No. 04 of Appendix I promulgated together with Decree No. 102/2020/NĐ-CP with Form No. 04 of Appendix I promulgated together with this Decree.

6. Replace Form No. 05 of Appendix I promulgated together with Decree No. 102/2020/NĐ-CP with Form No. 05 of Appendix I promulgated together with this Decree.

7. Replace Form No. 06 of Appendix I promulgated together with Decree No. 102/2020/NĐ-CP with Form No. 06 of Appendix I promulgated together with this Decree.

8. Replace Form No. 08 of Appendix I promulgated together with Decree No. 102/2020/NĐ-CP with Form No. 08 of Appendix I promulgated together with this Decree.

9. Replace Form No. 14 of Appendix I promulgated together with Decree No. 102/2020/NĐ-CP with Form No. 14 of Appendix I promulgated together with this Decree.

10. Replace Appendix II promulgated together with Decree No. 102/2020/NĐ-CP with Appendix II promulgated together with this Decree.

11. Abolish Clause 4 and Clause 5 of Article 28 of Decree No. 102/2020/NĐ-CP.

12. Abolish Form No. 02, Form No. 03 of Appendix I, and Appendix III promulgated together with Decree No. 102/2020/NĐ-CP.

This Circular takes effect from December 25, 2025/.

1. The Minister of Agriculture and Rural Development shall organize the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central city administrations, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree.

Article 4. Transitional Provisions

Wood processing and exporting enterprises that have submitted registration classification files before this Decree takes effect shall continue to implement enterprise classification in accordance with the provisions of Decree No. 102/2020/NĐ-CP dated September 1, 2020 of the Government stipulating the Vietnam Timber Legality Assurance System.

Article 5. Implementation Provisions

1. This Decree shall take effect from November 15, 2024.

2. The provisions on enterprise classification for entities other than wood processing and exporting enterprises in this Decree shall take effect eighteen months after this Decree takes effect.

ANNEX I

(Attached to Decree No. 120/2024/NĐ-CP dated September 30, 2024 of the Government)

Form No. 01

 

WOOD IMPORT DECLARATION FORM

A. GENERAL INFORMATION ABOUT THE LOT

1. Name of wood importer⁽³⁾:………Tax Registration Number/Tax Code/Identity Card Number/ID Card Number⁽⁴⁾:………

2. Address⁽⁵⁾:………………………………………………………………..

3. Phone number:…; Email address:…

4. Name of wood exporter⁽³⁾:………………………………………………….

5. Address⁽⁵⁾:………………………………………………………………..

6. Phone number:…; Email address:…

7. Bill of Lading number (B/L) or equivalent document:…

8. Invoice number:…

9. Export port/customs clearance point:…

10. Import port/customs clearance point:…

11. Exporting country/territory:…

12. Detailed information about wood with HS code under Chapter 44⁽⁶⁾:

13. Detailed information about wood products with HS code under Chapter 94⁽⁶⁾:

B. LEVEL OF RISK FOR THE IMPORT LOT

Depending on the status of the lot, mark the appropriate box below⁽¹⁰⁾:

□ B1. Non-risk species wood and wood from positive geographical regions: No additional documentation required and no declaration under Section C; must declare under Section D below.

□ B2. Risk species wood (including mixed wood products containing risk species) or wood from non-positive geographical regions: Additional documentation required, declare under Sections C and D below.

C. ADDITIONAL DOCUMENTATION

1. Raw wood material (e.g., HS codes 4403, 4406, 4407)

If imported wood belongs to a risk species or comes from a non-positive geographical region, the wood owner must declare and present one of the following legal origin tracing documents:

a) Sustainable Forest Management Certificate⁽¹¹⁾:

b) Logging permit or proof of permission to log:

c) In case the country/territory of wood harvest does not require logging permits for the forest from which this wood was harvested, please provide additional documents to prove legal origin:

□ Attach copies of the above documents (if available)

d) In case there are no logging documents, please provide the following additional information:

□ Attach copies of alternative documents (if available)

2. Mixed wood products (e.g.: HS codes under Chapter 44 and 94 except HS codes: 4403, 4406, 4407)

If the wooden product is made from wood of risk species or from regions with negative geographic status, the importer must declare one of the documents regarding the legal origin of the exploitation and present the following declaration documents:

a) Sustainable Forest Management Certificate⁽¹¹⁾:

b) In case there is no permit or exploitation document:

□ Attach copies of documents proving legality (if available).

D. ADDITIONAL MEASURES OF THE WOOD IMPORTER TO REDUCE RISKS RELATED TO THE LEGALITY OF WOOD ACCORDING TO THE LAWS OF THE COUNTRY, TERRITORY WHERE THE WOOD WAS EXPLOITED

1. Information on legal regulations concerning wood export of the exploiting country, territory: Provide information on legal regulations (e.g.: ban on export, requirement for export permits, etc.) applicable to wood export for each product or species of the exploiting country, territory.

2. Risk assessment and mitigation measures: Identify any risks related to illegal exploitation and trade associated with the consignment according to the laws of the exploiting country, territory and propose mitigation measures.

I hereby certify that the declared information is correct, complete, and accurate and I am responsible for the declared information under the law.

 

Note:

At the end of each page of detailed information in content 12 or content 13 Part A of the Wood Import Declaration, record the total quantity and volume of that page and sign it by the importer; at the last page of the declaration, record the total quantity and volume of each species of wood in the entire declaration.

Cases where the importer does not need to declare Section B, Section C, Section D of this declaration include: (i) Imported wood in place according to customs law; (ii) Consignment of wood with CITES permit or FLEGT permit or equivalent export permit from exporting countries, territories that have signed VPA with the EU and have FLEGT licensing mechanism.

(1) Number of the Wood Import Declaration, recorded by the importer in sequence according to the number established in the year. The format follows the example 20/001: 20 is the year 2020; 001 is the serial number of the Wood Import Declaration established.

(2) Serial number of the Wood Import Declaration sheet: If the declaration has more than one sheet, the declarant must clearly indicate the sheet number, total number of sheets on each page for relevant authorities to verify and check.

(3) Record the name in Vietnamese or trading name in English (if any) for organizations or full name for individuals who are the importers.

(4) Record the business registration number or enterprise code or tax code for organizations/ID card number or citizen identification card number for individuals.

(5) Record the registered office address on the business registration certificate for organizations/permanent residence address on ID card or citizen identification card for individuals.

(6) Record the information of the imported wood consignment in content 12 and 13. In case the imported wood consignment has a packing list/log list according to the regulations of the exporting country containing suitable information, attach it to the declaration instead of declaring directly in content 12 or 13 Section A of this declaration.

(7) Record PLI for wood listed in Appendix I of CITES; record PLII for wood listed in Appendix II of CITES; record IA for wood in Group IA of the List of Endangered, Precious, and Rare Species; record IIA for wood in Group IIA of the List of Endangered, Precious, and Rare Species; record TT for common wood.

(8) Record according to HS codes for wood items and wood products as prescribed.

(9) Record the name of raw wood used to manufacture the product, in case the wood product uses mixed raw wood, record the names of wood species used to manufacture the wood product in priority order: Name of wood species listed in CITES Appendices; name of wood species listed in the List of Endangered, Precious, and Rare Forest Animals and Plants; in case the mixed wood product is common wood, record the name of the wood species with the highest proportion in the wood product first, followed by the wood species with lower proportions.

(10) Positive geographic region determined according to the exporting country, territory exporting wood to Vietnam in Content 11 Section A of this declaration.

(11) The recognized certification system published on the website www/kiemlam.org.vn.

(12) The importer declares documents proving the forest area exploited according to the regulations of that country or territory which does not require an exploitation permit.

 

Form number 04

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------

..., date..., month..., year...

REQUEST FOR CONFIRMATION OF WOOD EXPORT ORIGIN

Respectfully submitted to⁽¹⁾:…………………

1. Name of the importer⁽²⁾:…; Tax Code/Business Registration Number/ID Card Number/Citizen Identification Card Number⁽³⁾:………….

2. Address⁽⁴⁾:…; Phone Number:…; Email Address:…

3. Inspection Location⁽⁵⁾:……………………………………………………………

4. Volume/Weight/Quantity of Wood:…

5. Attached Documents⁽⁶⁾:………………………………………………………………

We/I certify that the contents declared in this request are true and accurate and we/I are responsible for the truthfulness of the information under the law.

Request⁽¹⁾ …to consider inspection and confirmation of the wood declaration.

 

Note:

(1) Local Forest Protection Authority where the wood consignment is stored.

(2) Record the name in Vietnamese or trading name in English (if any) for organizations or full name for individuals.

(3) Record the business registration number or enterprise code or tax code for organizations/ID card number or citizen identification card number for individuals.

(4) Record the registered office address on the business registration certificate for organizations/permanent residence address on ID card or citizen identification card for individuals.

(5) Clearly record the storage location of the wood consignment for the local Forest Protection Authority to inspect and confirm the wood declaration.

(6) Documents as stipulated in Clause 3, Article 9 of this Decree.

 

Form number 05

 

WOOD EXPORT DECLARATION

1. Name of the importer⁽³⁾:…; Tax Code/Business Registration Number/ID Card Number/Citizen Identification Card Number⁽⁴⁾:……………

2. Address⁽⁵⁾:……………………………………………………………………….

3. Phone number:…; Email address:…

4. Name of importing organization/person⁽³⁾:………………………………………………

5. Address of importing organization/person⁽⁶⁾:……………………………………………

6. Importing country, territory:…

7. Export port/customs checkpoint:…

8. Source of exported timber⁽⁷⁾:

□ Timber from domestic planted forests.

□ Timber from domestic natural forests.

□ Imported timber.

9. Invoice number as prescribed by the Ministry of Finance (if applicable):...day... month... year...

10. Information about exported timber:

We/I hereby declare that the contents declared in this declaration form are true and accurate and we/I will be responsible for the truthfulness of the information under the law.

 

Note:

At the end of each page of the declaration form, the total quantity and weight of that page must be recorded with the signature of the timber owner; at the end of the declaration form, the total quantity and weight of each type of timber in the entire declaration form must be recorded.

(1) The number of the timber declaration form recorded by the local Forest Inspection Department shall be the serial number according to the timber declaration form confirmed in the year and entered into the record of confirmation of the declaration form for cases requiring verification and confirmation, or the timber owner shall record the serial number according to the export timber declaration form established in the year for cases not requiring verification and confirmation by the Forest Inspection Department before export. The format is as follows: 20/001: 20 represents the year 2020; 001 represents the serial number of the declaration form established.

(2) Serial number of the Export Timber Declaration Form: If the declaration form has more than one page, the declarant must clearly indicate the page number and the total number of pages on each page for relevant authorities to verify and check.

(3) Record the name in Vietnamese or trading name in English (if applicable) for organizations/full name for individuals.

(4) Record the business registration number or enterprise code or tax code for organizations/ID card number or citizen identification card number for individuals.

(5) Record the business registration certificate address for organizations/permanent residence address on identity card or citizen identification card for individuals.

(6) Record the address of the importing organization/individual.

(7) The timber owner marks the corresponding boxes regarding the source of the timber (in case the consignment has one source, mark one box corresponding to the source; in case the consignment has multiple sources, mark the corresponding boxes for each source).

(8) Record PLI for timber listed in Appendix I of CITES; record PLII for timber listed in Appendix II of CITES; record IA for timber in Group IA of the List of Rare and Precious Species; record IIA for timber in Group IIA of the List of Rare and Precious Species; record TT for common timber.

(9) Apply to timber subject to confirmation as stipulated in Clause 1, Article 9 of this Decree; the local Forest Inspection Department or the agency assigned as stipulated in Point a, Clause 3, Article 27 of this Decree confirms the contents declared by the timber owner.

 

Form number 06

 

TIMBER EXPORT DECLARATION FORM

1. Name of timber product owner⁽³⁾: …; Tax Registration Number/Business Registration Number/Identity Card Number/Citizen Identification Card Number⁽⁴⁾:……………

2. Address of timber product owner⁽⁵⁾:……………………………………………………

3. Phone number:…; Email address:…

4. Name of importing organization/person⁽³⁾:………………………………………………

5. Address of importing organization/individual⁽⁶⁾:……………………………………………

6. Importing country, territory:…

7. Export port/customs checkpoint:…

8. Source of processed timber products from⁽⁷⁾:

□ Timber from domestic planted forests.

□ Timber from domestic natural forests.

□ Imported timber.

9. Invoice number as prescribed by the Ministry of Finance (if applicable):.....Day... month... year...

10. Information about timber products:

We/I hereby declare that the contents declared in this declaration form are true and accurate and we/I will be responsible for the truthfulness of the information/

 

Note:

At the end of each page of the declaration form, the total quantity and weight of that page must be recorded with the signature of the timber product owner; at the end of the declaration form, the total quantity and weight of each type of timber product in the entire declaration form must be recorded.

(1) The number of the timber declaration form recorded by the local Forest Inspection Department shall be the serial number according to the timber declaration form confirmed in the year and entered into the record of confirmation of the declaration form for cases requiring verification and confirmation, or the timber owner shall record the serial number according to the export timber declaration form established in the year for cases not requiring verification and confirmation by the Forest Inspection Department before export. The format is as follows: 20/001: 20 represents the year 2020; 001 represents the serial number of the declaration form established.

(2) Serial number of the Export Timber Declaration Form: If the declaration form has more than one page, the declarant must clearly indicate the page number and the total number of pages on each page for relevant authorities to verify and check.

(3) Record the name in Vietnamese or trading name in English (if applicable) for organizations or full name for individuals.

(4) Record the business registration number or enterprise code or tax code for organizations/ID card number or citizen identification card number for individuals.

(5) Record the registered office address on the business registration certificate for organizations/permanent residence address on ID card or citizen identification card for individuals.

(6) Record the address of the importing organization/individual.

(7) The timber owner marks the corresponding boxes regarding the source of the timber (in case the consignment has one source, mark one box corresponding to the source; in case the consignment has multiple sources, mark the corresponding boxes for each source).

(8) Record according to the HS code of the timber product item as prescribed.

(9) Record the raw timber name used to process the product, in case the timber product uses mixed raw materials, then record the names of the species of timber used to process the product in priority order: Names of timber species listed in the Appendices of CITES; names of timber species listed in the List of Endangered, Precious, and Rare Wildlife and Plants; in case the mixed timber product is common timber, record the name of the timber species with the highest proportion in the product first, followed by the species with lower proportions.

(10) Record PLI for timber listed in Appendix I of CITES; record PLII for timber listed in Appendix II of CITES; record IA for timber in Group IA of the List of Rare and Precious Species; record IIA for timber in Group IIA of the List of Rare and Precious Species; record TT for common timber.

(11) Apply to timber products subject to confirmation as stipulated in Clause 1, Article 9 of this Decree; the local Forest Inspection Department or the agency assigned as stipulated in Point a, Clause 3, Article 27 of this Decree confirms the contents declared by the timber product owner.

 

Form No. 08

ENTERPRISE CLASSIFICATION DECLARATION FORM⁽¹⁾

 

Note:

In case of self-declaration on paper, the enterprise must implement this content.

(1) Enterprises participating in classification in the wood supply chain include: enterprises planting, harvesting, and supplying plantation wood, processing, importing, and exporting wood.

(2) Enterprises mark "X" in the corresponding box "Yes" or "No" to comply.

(3) If relevant laws do not require enterprises to meet that criterion, enterprises must clearly state the reason in the corresponding note column.

(4) All enterprises registering for classification must declare.

(5) Wood importing enterprises declare item 1; wood exporting enterprises declare item 2; enterprises trading and processing wood declare item 3; enterprises planting, harvesting, and supplying plantation wood declare item 4; enterprises participating in multiple activities must declare in the corresponding items for those activities.

 

Model No. 14

 

SUMMARY INFORMATION ON IMPORT AND EXPORT OF WOOD

(First six months/Last six months...)

 

Note: In cases where the same commodity code but different scientific names of wood or the same scientific name but different common Vietnamese names, declare each type according to the scientific name (each type of goods with different scientific names should be declared separately in the table; types of goods with the same scientific name should be declared collectively in the same row in the table).

 

ANNEX II

CRITERIA FOR ENTERPRISE CLASSIFICATION
(Attached to Decree No. 120/2024/NĐ-CP dated September 30, 2024 of the Government)