Circular number 22/2023/TT-BNNPTNT amends and supplements certain articles of several Circulars in the forestry sector issued by the Minister of Agriculture and Rural Development. The main contents include determining the functions, tasks, powers, and new organizational structure of the Ministry of Agriculture and Rural Development according to Decree 105/2022/NĐ-CP, as well as provisions on the effective date from February 1, 2024.
Đối tượng áp dụng
Organizations and individuals in the forestry sector
Các điểm cốt lõi
- Amending and supplementing articles related to the functions and tasks of the Ministry of Agriculture and Rural Development
- Provisions on the effective date from February 1, 2024
- Request to reflect difficulties and obstacles encountered during implementation for guidance and research on amendments and supplements.
- Specific regulations on forms and documents required to prove compliance with the criteria for classifying wood processing and exporting enterprises.
- Requirements for submitting necessary documents online or directly to prove compliance with the criteria.
🌐 Tác động xã hội từ văn bản này
- Strengthening state management in the forestry sector
- Ensuring the legality and effectiveness of activities related to logging, processing, and exporting wood
❓ Câu hỏi thường gặp
When does this circular take effect?
Circular number 22/2023/TT-BNNPTNT takes effect from February 1, 2024.
Who is the recipient of this document?
The document is sent to the Government Office for publication in the Official Gazette and posting on the Government's Electronic Information Portal; the Minister (for reporting); the Ministry of Agriculture and Rural Development's Electronic Information Portal; subordinate agencies and units of the Ministry.
What documents need to be submitted when proving compliance with the criteria for classifying wood processing and exporting enterprises?
It includes the original copies of the documents according to Form No. 01 and the consolidated file according to Form No. 06, with the rest being photocopies or scanned copies. In cases of online registration, enterprises must scan and attach these documents to the Enterprise Classification Information System.
Toàn văn
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| SOCIALIST REPUBLIC OF VIET NAM
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CIRCULAR
Regulations on classifying wood processing and exporting enterprises
Circular No. 21/2021/TT-BNNPTNT dated December 29, 2021, issued by the Minister of Agriculture and Rural Development regarding the classification of wood processing and exporting enterprises, which took effect from May 1, 2022, was amended and supplemented by:
Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain articles of circulars in the forestry sector, which took effect from February 1, 2024.
Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Forestry Law dated November 15, 2017;
Pursuant to Decree No. 102/2020/NĐ-CP dated September 1, 2020, issued by the Government stipulating the Vietnam Timber Legality Assurance System;
At the proposal of the Director General of the Forest Administration;
The Minister of Agriculture and Rural Development issues this Circular regulating the classification of wood processing and exporting enterprises1.
Chapter I. GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular specifies in detail the classification of wood processing and exporting enterprises (hereinafter referred to as "classification of enterprises").
Article 2. Applicability
This Circular applies to enterprises engaged in both wood processing and wood exporting activities (hereinafter referred to as "enterprises"); organizations and individuals involved in matters regulated under Article 1 of this Circular.
Article 3. Principles for Classifying Enterprises
1. Classification of enterprises must ensure transparency, fairness, within the scope of authority, and in accordance with the procedures and formalities prescribed in Decree No. 102/2020/NĐ-CP dated September 1, 2020, issued by the Government stipulating the Vietnam Timber Legality Assurance System (hereinafter referred to as "Decree No. 102/2020/NĐ-CP") and this Circular.
2. Enterprises shall self-declare and bear responsibility for documentation proving compliance with enterprise classification criteria. Authorities will verify and investigate when there is suspicion about the information declared by the enterprises; violations (if any) will be handled according to the law.
Chapter II. REGISTRATION AND CLASSIFICATION OF ENTERPRISES
Article 4. Registration for Enterprise Classification
Enterprises shall register their classification with the Receiving Authority through one of the following two methods:
1. Online method: Enterprises access the Enterprise Classification Information System on the website www.kiemlam.org.vn to register according to the instructions of the Enterprise Classification Information System.
2. Direct method:
a) In cases where enterprises cannot apply the Enterprise Classification Information System, they may submit directly or via postal services to the Receiving Authority one set of application materials.
The application materials include: Application for enterprise classification according to Form No. 01 Appendix I attached to this Circular, the Wood Processing and Exporting Enterprise Classification Declaration Table according to Form No. 08 Appendix I attached to Decree No. 102/2020/NĐ-CP, and documentation proving compliance with enterprise classification criteria as stipulated in Appendix II attached to this Circular.
b) The Receiving Authority will enter the enterprise's application materials into the Enterprise Classification Information System; notify the enterprise of the result of the registration for enterprise classification according to Form No. 02 Appendix I attached to this Circular; store the registration documents in accordance with the law.
3. During the period before the Enterprise Classification Information System is established and implemented, direct classification shall be carried out as follows:
a) Enterprises submit applications directly at the Receiving Authority as prescribed in point a, Clause 2 of this Article;
b) The Receiving Authority receives the application; notifies the enterprise of the result of the registration for enterprise classification according to Form No. 02 Appendix I attached to this Circular; conducts enterprise classification in accordance with Article 13 of Decree No. 102/2020/NĐ-CP and Clause 1, Article 5, and Article 6 of this Circular; immediately sends the classification results via email to the Forest Protection Department and stores the registration documents in accordance with the law;
c) The Forest Protection Department publishes the list of Group I enterprises as prescribed in Clause 2, Article 6 of this Circular.
Article 5. Verification of declared information
1. Cases for verification of information:
a) The declaration documents of the enterprise have signs of alteration, erasure, forgery; the content of the declaration documents is contradictory, inconsistent;
b) There is information under the provisions of the law regarding the enterprise's declaration being not truthful in one of the criteria for classifying enterprises.
2. Sources of information for verification:
a) For the criterion of fully complying with the provisions of the law in establishment and operation for at least one year from the date of registration to establish the enterprise: Based on information sources from the National Portal for Enterprise Registration www.dangkykinhdoanh.gov.vn; information from other relevant agencies, organizations, individuals;
b) For the criterion of compliance with the provisions of the law on environmental protection: Based on information sources from the state management agency for Natural Resources and Environment; Environmental Police Agency; information from the local Forest Protection Department's area management activities; information from other relevant organizations and individuals;
c) For the criterion of compliance with the provisions of the law on fire prevention and fighting: Based on information sources from the Fire Prevention and Fighting Police Agency; information from the local Forest Protection Department's area management activities; information from other relevant organizations and individuals;
d) For the criterion of compliance with the provisions of the law on tax and labor: Based on information sources from the Tax Authority, the Labor and Social Affairs Authority, the Social Insurance Authority, the Trade Union Authority; information from the local Forest Protection Department's area management activities; information from other relevant organizations and individuals;
e) For the criterion of compliance with the provisions of the law on ensuring legal timber; the criterion of compliance with reporting requirements as stipulated in Clause 4, Article 27 of Decree No. 102/2020/NĐ-CP and retention of original records as required by law; the criterion of not violating laws to the extent that requires handling as stipulated in Clause 4, Article 13 of Decree No. 102/2020/NĐ-CP: Based on information sources from the local Forest Protection Department's area management activities; information on the Violation Database in the Forestry Sector (hereinafter referred to as the Violation Database); information from other relevant organizations and individuals;
3. Implementation of verification:
a) The agency receiving notifications on the Enterprise Classification Information System sends the time and content needed for verification to the enterprise. In cases where the Enterprise Classification Information System cannot be applied, the notification is sent to the enterprise according to Form No. 03 Appendix I issued together with this Circular;
b) The receiving agency directly conducts the verification or collaborates with relevant agencies (if necessary), conducts the verification and prepares the Verification Report according to Form No. 04 Appendix I issued together with this Circular;
c) In cases where verification is conducted outside the province where the enterprise has registered classification: The receiving agency sends the content needed for verification to the receiving agency in the location where verification is needed to conduct verification as stipulated in points a and b of this clause. The receiving agency conducts the verification and reports the results of verification to the receiving agency where the enterprise has registered classification.
Article 6. Announcing the classification results of enterprises
1. The agency receiving classification and notifying the enterprise classification results on the Enterprise Classification Information System. In cases where the Enterprise Classification Information System cannot be applied, the agency shall notify the enterprise of the classification results according to Form No. 05 Appendix I issued together with this Circular.
2. Within one working day from the date the enterprise is classified as Group I enterprise pursuant to Clause 1 of this Article, the Forest Protection Department shall announce the enterprise classification results on the electronic information website www.kiemlam.org.vn.
Article 7. Changing classification, reclassifying enterprises
1. Changing classification of enterprises:
a) In case of changing the classification of enterprises: An Enterprise Group I or its lawful representative is criminally processed under Article 232 of the Penal Code 2015 (amended in 2017) without having the criminal record expunged or there is an administrative penalty decision made by the competent authority under Clause 4, Article 13 of Decree No. 102/2020/NĐ-CP which has not yet expired, it shall be considered that the enterprise has not been administratively penalized;
b) The receiving agency is responsible for verifying the information stipulated in Clause 1 of this Article to remove the enterprise name from the Group I list on the Enterprise Classification Information System. In cases where the Enterprise Classification Information System cannot be applied, the receiving agency shall notify the enterprise according to Form No. 05 Appendix I issued together with this Circular and immediately send the enterprise classification change result via email to the Forest Protection Department.
Within one working day from the date of receiving information from the receiving agency through the Enterprise Classification Information System, the Forest Protection Department shall announce the enterprise classification change results on the electronic information website www.kiemlam.org.vn.
2. Reclassifying enterprises:
a) Enterprises are responsible for self-reporting the second, third, and subsequent classifications according to Article 4 of this Circular;
b) The receiving agency is responsible for classifying enterprises for the second, third, and subsequent times as when initially classifying enterprises. The Forest Protection Department shall announce the reclassification results of enterprises according to Clause 2 of Article 6 of this Circular.
Chapter III. ENTERPRISE CLASSIFICATION INFORMATION SYSTEM AND VIOLATION DATABASE
Article 8. Enterprise Classification Information System
1. The Enterprise Classification Information System is established in accordance with the provisions of the law; applied to receive, store information, and classify enterprises as prescribed in Decree No. 102/2020/NĐ-CP and the provisions of this Circular.
2. The Enterprise Classification Information System can be modified to comply with current regulations; serving the purpose of facilitating, accurately, and timely enterprise classification; operating on a modern information technology platform, ensuring access control and high security.
3. The Enterprise Classification Information System is built and operated in an online environment, with a user-friendly interface, suitable for practical purposes, easy to implement in declaration, receipt, and processing of files; ensuring continuous operation without interruption.
4. The Enterprise Classification Information System has the capability to share information with related database systems: FLEGT License Issuance System, Customs Risk Management System, and other related information systems.
5. The Enterprise Classification Information System must comply with the provisions of the law on cybersecurity, information technology, protection of confidential information security, and other relevant laws.
Article 9. Violation Database
1. The Violation Database is established to collect and store data on administrative and criminal violations in the Forestry sector as prescribed by law; it updates, maintains, exploits, and uses in an electronic environment.
2. The Violation Database connects and shares information with the Enterprise Classification Information System to implement enterprise classification.
3. The Violation Database is exploited to carry out state management activities in the Forestry sector and other related state management sectors.
Article 10. Management of the Enterprise Classification Information System, Violation Database
1. The Forest Protection Department manages and operates the Enterprise Classification Information System, Violation Database; bears responsibility for investing in synchronized equipment; arranges appropriate human resources to ensure continuous operation of the Enterprise Classification Information System and Violation Database.
2. The Receiving Agency bears responsibility for investing in synchronized equipment; arranges appropriate human resources to ensure continuous operation of the Enterprise Classification Information System and Violation Database.
Chapter IV. IMPLEMENTATION2
Article 11. Responsibility for Implementation
1.3 Decision of the Minister on issuing Forestry Officer Certificates
a) Organizes the implementation of this Circular throughout the country; guides the management and use of the Enterprise Classification Information System and Violation Database;
b) Cooperates with relevant agencies, People's Committees of provinces and centrally governed cities to inspect and urge implementation;
c) Builds, manages, and operates the Enterprise Classification Information System and Violation Database before December 31, 2022; monitors and supervises the enterprise classification process and compliance with laws on wood production, processing, and violation handling (if any); compiles and reports on the results of enterprise classification nationwide.
2. Departments of Agriculture and Rural Development of provinces and centrally governed cities:
a) Organizes the implementation of this Circular within its jurisdiction; establishes regulations to coordinate with relevant agencies to implement enterprise classification, verify information declared by enterprises as stipulated in this Circular;
b) Directs the Receiving Agency to classify enterprises; inspect and supervise enterprises' compliance with laws within its authority, handle violations (if any); store files and ensure the security of information on the Enterprise Classification Information System; compile and report on the results of enterprise classification within its jurisdiction as stipulated in this Circular.
3. Enterprises shall fully comply with the provisions on enterprise classification as stipulated in this Circular.
Article 12. Effective Date
This Circular takes effect from May 1, 2022.
During implementation, if there are difficulties, agencies, organizations, and individuals shall promptly reflect them to the Ministry of Agriculture and Rural Development for consideration and resolution./.
Appendix I
(Issued together with Circular No. 21/2021/TT-BNNPTNT dated December 29, 2021 of the Minister of Agriculture and Rural Development)
| Form number | Name of Form |
| Form No. 01 | Request for Enterprise Classification |
| Form No. 02 | Notification of Receipt of Application for Enterprise Classification Registration |
| Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives | Notification of Verification of Information for Enterprise Classification Registration |
| Form number 04 | Verification Record of Information for Enterprise Classification Registration |
| Form number 05 | Notification of Classification/Reclassification Results |
| Form number 06 | Summary Table of Files Proving Compliance with Legal Requirements for Legal Wood Origin |
Form No. 01. Request for Enterprise Classification
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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..., day... month... year...
REQUEST FOR ENTERPRISE CLASSIFICATION
Unit: Equivalent USD(1): .........................................................................................
A. ENTERPRISE CLASSIFICATION REGISTRATION
I am (write name in capital letters): ...
Position: …
I represent the enterprise(2)..., applying for enterprise classification for wood processing and export with the following contents:
1. General Information
ENTERPRISE NAME:...
Enterprise Code(3): .................................................................................
Currency Exchange Agent No. 3(4): ......................................................................................................
Contact phone number: …
Email Address: ... Website (if any):...
2. Scale of Enterprise Operations (mark X in the appropriate box)
2.1. Enterprise without branches/facilities for wood processing: □
2.2. Enterprise with branches/facilities for wood processing: □
List of branches/facilities for wood processing under the enterprise:
| No. | Branch/Facility NamehJune 2024;nh/subject, organization, unit under the People's Committee of the commune level CLASS MONOCOTYLEDONWood Processinginternationala) The Civil Enforcement Office of the Military Region compiles the budget estimate of the unit gỗ | Currency Exchange Agent No. 3(4) | CJune 2024;of Granite, gabbro, decorative stone...ặCapacity gỗ vto CLASS MONOCOTYLEDONn ln phrime Minister c(tons/year)"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."ealth | Remarks |
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B. COMMITMENT TO COMPLY WITH ENTERPRISE CLASSIFICATION CRITERIA
The enterprise commits to fully comply with the following criteria:
1. Within 12 months prior to the date of application for classification, has complied with the reporting requirements as stipulated in Clause 4, Article 27 of Decree No. 102/2020/NĐ-CP and retained original records as required by law: □
2. Within 12 months prior to the date of application for classification, has not violated laws to the extent requiring handling as stipulated in Clause 4, Article 13 of Decree No. 102/2020/NĐ-CP: □
3. Within 12 months prior to the date of application for classification, is not listed in the public information list of organizations and individuals engaged in business with signs of violating tax laws: □
The enterprise is responsible for the accuracy of the contents in this enterprise classification registration request before the law.
(Attached to the letter No. of the Department of Information and Communications [province/city])(2)hereby requests(1)to consider and classify the enterprise./.
| | REPRESENTATIVE OF THE ENTERPRISE(5) |
Note:
(1) Name of Receiving Agency.
(2) Name of Enterprise.
(3) Enter according to the registered code of the enterprise.
(4) Write clearly house number, alley, lane, street/town/village/ward; commune/district/city; province/city directly under the Central Government where the enterprise's headquarters is located.
(5) Representative or person authorized according to the law.
Form No. 02: Notification of Receipt of Application for Enterprise Classification Registration
| ………………. | SOCIALIST REPUBLIC OF VIET NAM |
| No.: .../TB-... | ........(2)...,day....month...year... |
NOTICE
Result of Receipt of Application for Enterprise Classification Registration
Unit: Equivalent USD(3): .......................................................................
Based on the provisions of Circular No..../2021/TT-BNNPTNT dated....../2021 of the Minister of Agriculture and Rural Development on enterprise classification for wood processing and export.
On... month... year..., ...(1)...received the application for enterprise classification registration of(3).............
After reviewing the file(1)...announces the result of receipt of enterprise classification registration of(3)...as follows:
1. The enterprise classification registration file is complete as prescribed
Request(3)...can access the Enterprise Classification Information System at the website www.kiemlam.org.vn to know the classification result.
- Account Name(4): .....................................
2. The enterprise classification registration file is incomplete as prescribed
- Missing documents:
………………………………………..
……………………………………….
………………………………………..
Request(3)...must supplement the enterprise classification registration file according to the provisions of Circular No..../2021/TT-BNNPTNT dated...of the Minister of Agriculture and Rural Development on enterprise classification for wood processing and export./.
| | HEAD OF THE UNIT |
Note: The Enterprise Classification Information System will automatically notify in case of online registration.
(1) Name of Receiving Agency.
(2) Location of the agency's headquarters that receives the application.
(3) Name of the enterprise.
(4) The enterprise accesses the classification enterprise information system according to the guidance provided on the system.
Form No. 03: Notification for verification of registered classification information of enterprises .....................................
| ………………. | SOCIALIST REPUBLIC OF VIET NAM |
| No.: .../TB-... | ......(2)...,day....month...year... |
NOTICE
Verification of registered classification information of enterprises
Unit: Equivalent USD(3): .........
Pursuant to Circular No. …../2021/TT-BNNPTNT dated …/…/2021 issued by the Minister of Agriculture and Rural Development regarding the classification of wood processing and exporting enterprises;
…(1) …notify the registered classification information of the enterprise(3)…needs to be verified as follows:
1. Content of verification
a) …
b) …
c) …
2. Time of verification: From the date …to the date
3. Method of verification: …
4. Place of verification: …
5. Request for confirmation of participation in verification:
- Deadline for confirming participation before the … day of the … month of the … year:
- Name of civil servant for the enterprise to contact for coordination/participation in verification(4): …: Phone number: …, email address: …
Request(3)…appoints a representative/confirm participation so that the verification process complies with regulations./.
| | Head of the agency |
Note: The Enterprise Classification Information System will automatically notify in case of online registration.
(1) Name of Receiving Agency.
(2) Location of the agency's headquarters that receives the application.
(3) Name of the enterprise.
(4) Name of the civil servant receiving the file.
Form No. 04: Minutes of verification of registered classification information of enterprises
SOCIALIST REPUBLIC OF VIET NAM
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WORK RECORD
Regarding the verification of registered classification information of enterprises
Pursuant to the provisions of Circular No. …/2021/TT-BNNPTNT dated .../ …/2021 issued by the Minister of Agriculture and Rural Development regarding the classification of wood processing and exporting enterprises;
Today, the … day of the … month of the … year
At: ...
We include
I. REPRESENTATIVE OF THE RECEIVING AGENCY(1): ...................................
1. Mr./Ms.: …Position: …
2. Mr./Ms.: …Position: …
II. REPRESENTATIVE OF THE RELATED AGENCY(2)
1. Mr./Ms.: …Representative of the agency: …
2. Mr./Ms.: …Representative of the agency: …
III. REPRESENTATIVE OF THE ENTERPRISE
1. Mr./Ms.: …Representative of the enterprise(3): ..........................................
2. Mr./Ms.: …
- Conduct verification of the registered classification information of the enterprise(3), the results are as follows:
3. Verified information: …
Accurate information: □ Inaccurate information: □
Reason: …
4. Verified information: …
Accurate information: □ Inaccurate information: □
Reason: …
5. Verified information: …
Accurate information: □ Inaccurate information: □
Reason: …
6. Verified information: …
Accurate information: □ Inaccurate information: □
Reason: …
- Attached documents: …
……………………………………………………………………………..
The verification of the registered classification information of the enterprise was conducted in accordance with regulations, without affecting the normal operations of the enterprise.(3)
The verification process ended at … o'clock … on the … day of the … month of the … year. The minutes were prepared in … copies, all parties agreed and signed to confirm./.
| Representative of the receiving agency
| (name, position) |
Note:
(1) Name of the receiving agency.
(2) Depending on the criteria to be verified, the receiving agency invites representatives from related agencies to participate in verification and prepare the minutes.
(3) Name of the enterprise.
Form No. 05: Notification of classification/reclassification results of enterprises
| ………………….. | SOCIALIST REPUBLIC OF VIET NAM |
| No.: .../TB-... | .......(2)…, the … day of the … month of the … year |
NOTICE
Classification/reclassification results of enterprises
Unit: Equivalent USD(3): ..................................................................................
Pursuant to the provisions of Circular No. …../2021/TT-BNNPTNT dated …/.../2021 issued by the Minister of Agriculture and Rural Development regarding the classification of wood processing and exporting enterprises;
(1)…notify the classification result for the enterprise(3)...as follows:
1. Enterprise … has been classified as Group I enterprise since the …/…/….. The list of Group I enterprises will be published on the website: www.kiemlam.org.vn
2. Enterprise …has not been classified as Group I or reclassified as Group II enterprise since the /.../…; reason(4):
1 …………………..
2 …………………..
3. …………………..
4. …………………..
(1)…respectfully notifies./.
| | Head of the agency |
Note: The enterprise classification information system will automatically notify in case the enterprise registers online.
(1) Name of Receiving Agency.
(2) Location of the headquarters of the receiving agency.
(3) Name of the enterprise.
(4) Clearly state the reason for not being classified as Group I or reclassified as Group II enterprise, and the criteria not meeting the regulations.
Form No. 06: Summary table of documents proving compliance with regulations on legal origin of timber
| ………………….. | SOCIALIST REPUBLIC OF VIET NAM |
| No.: …/BTH-… | .....(2)…, the … day of the … month of the … year |
SUMMARY TABLE
Documents proving compliance with regulations on legal origin of timber
Unit: Equivalent USD(3): ..........
NAME OF ENTERPRISE(1): ...................................................................................
Business Registration Number:...
Currency Exchange Agent No. 3(4):......................................................................................................
Contact phone number: …
Email address: …
Pursuant to the provisions of Circular No. .../2021/TT-BNNPTNT dated .../.../2021 issued by the Minister of Agriculture and Rural Development regarding the classification of wood processing and exporting enterprises.
The enterprise compiles documents proving compliance with regulations on legal origin of timber within twelve months from the date of registering for classification, specifically as follows:
Table 1. Summary of logging timber documents for wood processing and exporting enterprises directly logging timber as raw material for processing or using timber grown by the enterprise itself on its land:
| No. | Timber inventory list(5) | Wood Name | Volume by type of timber (m3) | Statistics of logging timber documents(6) |
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| Common name | CAS Information Code |
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| Inventory list number | Date of issuance | Issuing unit |
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| 1 |
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Table 2. Summary of seized timber documents for wood processing and exporting enterprises using seized timber as raw material for processing:
| No. | Timber inventory list(5) | Wood Name | Volume by type of timber (m3) | Statistics of seized timber documents(6) |
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| Common name | CAS Information Code |
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| Inventory list number | Date of issuance | Issuing unit |
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| 1 |
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Table 3. Summary of imported timber documents for enterprises using imported timber as raw material for processing:
| No. | Timber inventory list(5) | Wood Name | Volume by type of timber (m3) | Statistics of imported timber documents(6) |
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| Common name | CAS Information Code |
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| Inventory list number | Date of issuance | Issuing unit |
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Table 4. Summary of documents during purchase, transportation, and processing:
| No. | Timber inventory list(5) | Wood Name | Volume by type of timber (m3) | Statistics of documents during purchase, transportation, and processing(6) |
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| Common name | CAS Information Code |
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| Inventory list number | Date of issuance | Issuing unit |
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| 1 |
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(Attached to the letter No. of the Department of Information and Communications [province/city])(1)…commit that the declared documents are accurate and consistent with the records kept by the enterprise and bear full responsibility under the law for the declared contents./.
| | REPRESENTATIVE OF THE ENTERPRISE(7) |
Note: The enterprise compiles documents for activities carried out in production and business from Table 1 to Table 4. Activities not carried out should be crossed out in the tables.
(1) Name of the enterprise.
(2) Location of the enterprise's headquarters.
(3) Name of the receiving agency.
(4) Clearly state the address as per the business registration certificate.
(5) Import timber inventory list in accordance with Decree No. 102/2020/NĐ-CP or timber inventory list in accordance with the Ministry of Agriculture and Rural Development's regulations on management and traceability of forest products. State the number, date, and issuing unit of the inventory list.
(6) Declare the name and date of issuance of documents related to the legal origin of timber in accordance with Decree No. 102/2020/NĐ-CP or in accordance with the Ministry of Agriculture and Rural Development's regulations on management and traceability of forest products.
(7) Legal representative or authorized person.
ANNEX II
DOCUMENTS PROVING COMPLIANCE WITH CLASSIFICATION CRITERIA FOR ENTERPRISES
(Attached to Circular No. 21/2021/TT-BNNPTNT dated December 29, 2021 issued by the Minister of Agriculture and Rural Development)
| Serial number | ENTERPRISE CLASSIFICATION CRITERIA (Annex II promulgated together with Decree No. 102/2020/NĐ-CP) | DOCUMENTS PROVING COMPLIANCE |
| I | WITH LEGAL REQUIREMENTS IN THE ESTABLISHMENT AND OPERATION OF ENTERPRISES |
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| 1 | Compliance with legal provisions for establishing a business must include the following types of documents: |
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| a | Certificate of Enterprise Registration (for businesses without foreign investment capital). | Certificate of Enterprise Registration. |
| The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam. | Investment Registration Certificate for businesses with foreign investment capital or with foreign factors holding 51% of the charter capital or operating in industrial zones or export processing zones. | Investment Registration Certificate. |
| 2 | Compliance with legal provisions on environmental protection must include one of the following types of documents: |
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| a | Decision approving the Environmental Impact Assessment Report for wood processing facilities, wood chips from natural forests with a capacity of 5,000 cubic meters of products per year or more. | Decision approving the Environmental Impact Assessment Report in accordance with laws on environmental protection. |
| The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam. | Decision approving the Environmental Impact Assessment Report for particleboard production facilities with a capacity of 100,000 cubic meters2 of products per year or more. | Decision approving the Environmental Impact Assessment Report in accordance with laws on environmental protection. |
| of | Decision approving the Environmental Impact Assessment Report for furniture manufacturing facilities with a total warehouse and factory area of 100,000 square meters2 or more. | Decision approving the Environmental Impact Assessment Report in accordance with laws on environmental protection. |
| For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%; | An environmental protection plan for production facilities with smaller capacities or areas than those specified in points a, b, and c above. | Certificate of environmental protection plan in accordance with laws on environmental protection. |
| 3 | Compliance with legal provisions on fire prevention and firefighting must include the following document: |
|
| - | Fire prevention and firefighting plan in accordance with the law. | Documents proving compliance with current fire prevention and firefighting regulations in accordance with laws on fire prevention and firefighting. |
| 4 | Compliance with legal provisions on logging product import and export tracking must include the following document: |
|
| - | Logging product import and export logbook recorded in full accordance with legal provisions. | Logging product import and export logbook in accordance with the Minister of Agriculture and Rural Development's regulations on logging product traceability management within 12 months prior to the date of enterprise classification registration. |
| 5 | Compliance with legal provisions on tax and labor laws must meet the following criteria: |
|
| a | Not listed in the public information list of organizations and individuals engaged in business activities suspected of violating tax laws. | Document according to Model No. 01 Appendix I issued together with this Circular. |
| The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam. | Occupational safety and health plan in accordance with laws. | Valid occupational safety and health plan in accordance with laws on occupational safety and health during the year of enterprise classification registration. |
| of | Workers named in the company's payroll list. | List of workers with the company's social insurance code for each month over a consecutive 12-month period up to the date of enterprise classification registration. |
| For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%; | Publicly posting information on social insurance and healthcare contributions for workers in accordance with the Social Insurance Law. | Copy of publicly posted information on social insurance and healthcare contributions for workers in accordance with the Social Insurance Law during the year of enterprise classification registration. |
| đ | Workers are members of the enterprise's trade union organization. | Decision establishing the enterprise's trade union organization currently in effect or list of workers who are members of the enterprise's trade union organization in accordance with laws on trade unions during the year of enterprise classification registration. |
| II | COMPLIANCE WITH LEGAL PROVISIONS ON LEGAL WOOD ORIGIN |
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| 1 | Compliance with legal provisions on logging permit documentation for enterprises directly logging wood for processing and exporting: | Summary table of logging permit documentation according to Model No. 06 Appendix I issued together with this Circular. |
| a | Compliance with procedures and formalities for logging wood. | |
| The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam. | Wood inventory list in accordance with legal provisions. | |
| of | Copy of logging origin documentation. | |
| 2 | Compliance with legal provisions on post-seizure wood documentation for enterprises using seized wood as raw material for processing and exporting: | Summary table of post-seizure wood documentation according to Model No. 06 Appendix I issued together with this Circular. |
| a | Wood inventory list in accordance with legal provisions. | |
| The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam. | Copy of post-seizure wood documentation. | |
| 3 | Compliance with legal provisions on imported wood documentation for enterprises using imported wood as raw material for processing and exporting: | Summary table of imported wood documentation according to Model No. 06 Appendix I issued together with this Circular. |
| a | Wood inventory list in accordance with legal provisions. | |
| The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam. | Copy of imported wood documentation. | |
| 4 | Compliance with legal provisions on documentation during purchase, transportation, and processing: | Summary table of documentation during purchase, transportation, and processing according to Model No. 06 Appendix I issued together with this Circular. |
| a | Wood inventory list in accordance with legal provisions. | |
| The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam. | Copy of wood origin documentation. | |
| 5 | Compliance with legal provisions on documentation for enterprises using self-planted wood as raw material: |
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| a | Compliance with legal provisions on land and forest use rights. | Certificate of land and forest use rights in accordance with laws on land and forestry. |
| The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam. | Copy of logging permit documentation in accordance with legal provisions. | Summary table of logging permit documentation according to Model No. 06 Appendix I issued together with this Circular. |
Note:
(1) Documents according to Model No. 01 and summary tables according to Model No. 06 Appendix I issued together with this Circular are original versions; other documents are photocopies or scanned copies. In cases of online registration, enterprises must scan and attach these documents to the enterprise classification information system as proof of compliance with criteria.
(2) Logging product import and export logbooks stamped by the enterprise when submitted directly; in cases of online submission in accordance with Clause 1, Article 4 of this Circular, enterprises must finalize data, sign, and affix electronic seals.
1 Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing certain articles of Circulars in the forestry sector is based on the following:
"Based on Decree No. 105/2022/NĐ-CP dated December 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Based on the Forestry Law dated November 15, 2017; At the proposal of the Director of the Forest Management Department;"
2 Article 14 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain articles of circulars in the forestry sector, which shall take effect from February 1, 2024, is stipulated as follows:
"Article 14. Implementation Provisions
1. This Circular takes effect from February 1, 2024.
2. During the implementation of this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals shall promptly report them to the Ministry of Agriculture and Rural Development for guidance and research on amendments and supplements."
3 This provision has been amended and supplemented pursuant to Article 13 of Circular No. 22/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development to amend and supplement certain articles of circulars in the forestry sector, which shall take effect from February 1, 2024.
| MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT No.: 15/VBHN-BNNPTNT
Place of Receipt: | CERTIFIED CONSOLIDATED DOCUMENT
Hanoi, January 25, 2024
DEPUTY MINISTER |
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