Circular No. 26/2022/TT-BNNPTNT on management and traceability of forest products

CIRCULAR

Regulations on management and traceability of forest products

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Pursuant to 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;

Pursuant to the Forestry Law dated November 15, 2017;

At the proposal of the Director General of the Forest Administration;

The Minister of Agriculture and Rural Development promulgates this Circular on management and traceability of forest products.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on:

1. Procedures and formalities for harvesting ordinary forest plants and ordinary forest animals.

2. Legal forest product files, management, and traceability of forest products.

3. Marking specimens of species listed in the Catalogue of Endangered, Precious, and Rare Forest Plants and Animals; wild plant and animal species listed in Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as CITES), except aquatic species.

Article 2. Applicability

This Circular applies to organizations, individuals, business households, family households, and community residents involved in activities related to the contents stipulated in Article 1 of this Circular.

Article 3. Explanation of Terms

1. The local Forest Protection Agency is the District-level Forest Protection Agency or the Provincial-level Forest Protection Agency in areas without a District-level Forest Protection Agency.

2. Roundwood is raw timber, peeled logs remaining in their original shape after harvesting, not yet cut into pieces or already cut into pieces with dimensions falling under one of the following cases:

a) Logs with a small end diameter from 10 centimeters (cm) to less than 20 cm and a length of 1 meter (m) or more;

b) Logs with a small end diameter of 20 cm or more and a length of 30 cm or more;

c) Plantation wood, mangrove wood, and saltwater forest wood with a small end diameter of 6 cm or more and a length of 1 m or more.

3. Sawn timber and carved timber are timber that has been processed into shapes such as planks, sheets, boxes, round, polygonal columns, or other forms.

4. Non-wood forest plants include: species belonging to the families of bamboo, rattan, palm, coconut, sim, mua; herbaceous forest plants; mushrooms, firewood, derivatives, and other parts of wood trees.

5. The forest product owner is an organization, individual, business household, family household, or community resident who legally owns forest products according to the provisions of the law.

6. The forest owner is an organization, individual, family household, or community resident who is granted forests or leased forests by the State; granted land or leased land for afforestation; self-restored and developed forests; received transferred, donated, or inherited forests according to the provisions of the law.

7. Harvesting ordinary forest animals from nature is the activity of taking individual ordinary forest animals, their eggs, and larvae out of their natural habitats.

8. Finished wood products are products made from wood that have been fully assembled with all components according to the function of the product or disassembled parts of the product, which can be immediately used when assembled according to the function of the product.

9. Ordinary forest plants are those not included in the Catalogue of Endangered, Precious, and Rare Forest Plants and Animals and not listed in the CITES Appendices.

Article 4. Determination of quantity and volume of forest products

1. Method of measuring and calculating the volume of roundwood:

a) Length: Measure the shortest distance between the cross-sections at both ends of the log. If the cross-section of the log end is tilted or concave, measure at the position with the shortest length between the two ends of the log. The unit of measurement is meters (m), take whole numbers and two decimal places after the units;

b) Diameter: Measure at both ends of the log (excluding bark); each end of the log is measured at two positions with the largest and smallest diameters, then calculate the average value to determine the diameter of each end of the log; the average diameter of the log is calculated by averaging the diameters of the two ends of the log; the unit of measurement is centimeters (cm), take whole numbers and one decimal place after the units;

c) Volume is determined based on the wood volume:

V = π/4 x (Dtb)² x l

Where:

V: Cubic meter volume (m³), take whole numbers and three decimal places after the units

π: Pi constant (π = 3.14)

Dtb: Average diameter of the log (m)

l: Shortest distance between the two cross-sections (m)

d) The error in calculating the volume of wood in each measurement for each piece, round log, or cylindrical block is ten percent (±10%).

2. Method of measuring and calculating the volume of sawn timber and carved timber in the form of planks, sheets, boxes (cross-sectional and longitudinal cuts are square or rectangular):

a) Length: Measure the shortest distance between the cross-sections at both ends of each plank, sheet, or box. The unit of measurement is meters (m), take whole numbers and two decimal places after the units;

b) Width and thickness: Measure the distance between the two opposite longitudinal sections of each plank, sheet, or box. In cases where the wooden surfaces are skewed or wavy, measure at the positions with the largest and smallest sizes and calculate the average value; the unit of measurement is centimeters (cm), take whole numbers and one decimal place after the units;

c) Volume is determined based on the wood volume:

V = l x a x b

Where:

V: Volume (m³), take whole numbers and three decimal places after the units

l: Shortest distance between the two cross-sections (m)

a: Width of the box (m)

b: Thickness of the box (m)

d) The error in calculating the volume of sawn timber and carved timber in each measurement for each plank, sheet, or box is five percent (±5%).

3. Method of measuring and calculating the volume of sawn timber and carved timber in the form of polygonal column:

a) Length: Measure the shortest distance between the cross-sections at both ends of the polygonal column. The unit of measurement is meters (m), take whole numbers and two decimal places after the units;

b) Calculate the cross-sectional area: It is the average value of the largest and smallest cross-sectional areas of the polygonal column. The unit of measurement is square meters (m²), take whole numbers and two decimal places after the units;

c) Volume is determined based on the wood volume:

V = l x S

Where:

V: Volume (m³), take whole numbers and three decimal places after the units

l: Shortest distance between the two cross-sections (m)

S: Cross-sectional area of the polygonal block (m²)

d) The error in calculating the volume of wood in each measurement for each polygonal column is five percent (±5%).

4. Method of measuring and determining the volume of standing trees including roots, trunks, branches, and leaves:

a) Height: Measure the total length from the ground level at the base of the tree to the main top of the tree. The unit of measurement is meters (m), take whole numbers and two decimal places after the units;

b) Diameter: Measure the circumference to determine the diameter at 1.3 meters from the cross-section of the base of the tree; the unit of measurement is centimeters (cm), take whole numbers and one decimal place after the units;

c) Volume is determined based on the tree volume:

V = (C² 1.3/4π) x Hvn x f

Where:

V: Volume of wood is calculated by volume (m3), taking whole numbers and three decimal places after the units place.

C1.3: Circumference at the position 1.3 meters from the ground level of the tree (m)

π: Constant pi (π=3.14)

Hvn: Total height of the tree measured from the base to the top (m)

f: Shape factor of the tree trunk (for planted forest trees, the value of f is 0.5; for natural forest trees, the value of f is 0.45).

d) The error in calculating the volume of wood for each measurement of individual trees is ten percent (±10%).

5. In cases of hollow wood or decayed wood, the volume of hollow parts and the volume of decayed parts must be recorded in the Forestry Product Inventory Table.

6. For wood not falling under the provisions of Clause 2 and Clause 3 of Article 3 of this Circular; trees where the diameter at breast height (1.3 m) cannot be determined; root wood, complex-shaped wood, non-uniform wood; peeled wood, wood chips that cannot be measured, shall be weighed with the unit of measurement being kilograms (kg) or calculated according to stere; conversion from kg to m3 of round wood shall be carried out according to National Standard TCVN 12619-2:2019 on physical and mechanical properties of wood; in cases not specified in National Standard TCVN 12619-2:2019, 1000 kg equals 01 m3 of round wood or 01 stere equals 0.7 m3 of round wood.

7. The unit of measurement for animals is the number of individuals, for animal eggs it is the number of fruits; if the quantity cannot be determined, it shall be weighed with the unit of measurement being kg.

8. The unit of measurement for non-wood forest products and parts of wild animals is kg; bamboo, rattan, palm, and mulberry forest products are determined by the number of plants or by weighing with the unit of measurement being kg.

9. Derivatives of animals and plants are determined by kg, m3, liters, or milliliters (ml).

Article 5. Forestry Product Inventory Table

1. Subjects establishing the Forestry Product Inventory Table:

a) The owner of forestry products or organizations and individuals authorized by the owner to establish the table after harvesting;

b) The owner establishes when selling, transferring ownership rights, transporting, exporting forestry products in the same shipment and on the same transport vehicle; when preparing documents to apply for export permits for forestry products;

c) The authority establishes when preparing documents to handle violations related to forestry products;

d) The agency responsible for handling confiscated assets establishes when auctioning.

2. Establishing the Forestry Product Inventory Table:

a) Organizations and individuals as stipulated in Clause 1 of this Article shall establish the Forestry Product Inventory Table corresponding to Models 01, 02, 03, 04, and 05 attached to this Circular:

Record in detail for logs, cylindrical sawn timber, and cylindrical peeled timber with dimensions as prescribed in points a and b of Clause 2 of Article 3 of this Circular; sawn timber and box-shaped peeled timber with length of 1 meter or more, width of 20 cm or more, thickness of 5 cm or more; sawn timber and other polygonal cylindrical shapes.

Record the total quantity and volume for cylindrical timber not meeting the dimensions prescribed in points a and b of Clause 2 of Article 3 of this Circular; sawn timber and box-shaped peeled timber with length less than 1 meter, width less than 20 cm, thickness less than 5 cm; plantation timber.

Record in detail or record the total quantity and volume for each type of non-wood forest product suitable to reality. At the end of each page of the Forestry Product Inventory Table, record the total volume of forestry products.

b) Organizations and individuals establishing the Forestry Product Inventory Table are responsible under the law for the contents declared and the legal origin of forestry products in the Forestry Product Inventory Table.

3. Forestry products requiring confirmation of the Forestry Product Inventory Table include:

a) Common timber harvested from natural forests for utilization and recovery;

b) Forestry products after confiscation and disposal;

c) Timber and non-wood plants of natural origin, imported, or cultivated listed in the Catalogue of Endangered, Precious, and Rare Forest Plants and Animals or Appendix CITES;

d) Wild animals and their parts, derivatives, and products of natural origin, imported, or bred; critically endangered wild animals listed in Appendix CITES, excluding aquatic species;

đ) Forestry products not falling under the cases prescribed in points a, b, c, and d of this clause or industrial timber or finished wood products upon request of the owner of forestry products.

4. Finished wood products or forestry products of Group I enterprises as stipulated in Circular No. 21/2021/TT-BNNPTNT dated December 29, 2021 of the Minister of Agriculture and Rural Development on classification of wood processing and exporting enterprises do not require confirmation of the Forestry Product Inventory Table when buying, selling, transferring ownership rights, or transporting.

5. Finished products made from crocodiles, species listed in Category IIB of the Catalogue of Endangered, Precious, and Rare Forest Plants and Animals, or species listed in Appendices II and III of CITES, marked with specimen numbers and quantities below five products when buying, selling, or transferring ownership rights do not require establishment of the Forestry Product Inventory Table.

6. Authority confirming the Forestry Product Inventory Table: Local Forest Protection Agency.

7. Documents:

a) Original Application for Confirmation of the Forestry Product Inventory Table according to Model 06 attached to this Circular;

b) Original Forestry Product Inventory Table established in accordance with Clause 2 of this Article;

c) Copy of the Harvest Plan as stipulated in Article 6 or Article 7 of this Circular for cases requesting confirmation after harvesting;

d) Copy of the import forestry product documentation as stipulated in Article 16 of this Circular for cases where the owner of forestry products imports and sells or transfers ownership rights;

đ) Copy of the post-confiscation disposal forestry product documentation as stipulated in Article 17 of this Circular for cases where the owner of forestry products purchases directly from the agency responsible for disposing of confiscated assets and sells or transfers ownership rights subsequently;

e) Copy of the Forestry Product Inventory Table of the previous purchase or transfer of ownership rights;

g) Copy of the origin documentation for forestry products for cases confirmed upon request of organizations and individuals as stipulated in point đ of Clause 3 of this Article;

h) Original Logbook of Import and Export of Forestry Products for owners of forestry products who are organizations or business households selling forestry products according to Model 07 attached to this Circular.

8. Implementation procedures:

a) The forest product owner or organization or individual authorized by the forest product owner shall submit directly or through postal services or via electronic environment one set of documents corresponding to each type of forest products requested for confirmation in accordance with Clause 7 of this Article to the local Forest Protection Authority. In case the forest product owner creates a quick response code (QR) containing the forest product list in the Forest Product List, they are not required to submit the documents specified in Points c, d, đ, e, and g of Clause 7 of this Article. In case of submitting documents via the electronic environment, it shall be carried out in accordance with Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government on implementing administrative procedures in the electronic environment (hereinafter referred to as Decree No. 45/2020/NĐ-CP).

b) Validity response time for document components:

In case of direct submission: The local Forest Protection Authority shall check the document components and immediately respond to the validity of the document components to the forest product owner or organization or individual authorized by the forest product owner.

In case of submission through postal services or via the electronic environment: Within 01 working day from the date of receipt of the documents, the local Forest Protection Authority shall examine the validity of the document components; in case the documents are not valid according to regulations, notify in writing and specify the reasons.

c) Within 02 working days from the date of receipt of valid documents, the local Forest Protection Authority shall confirm the Forest Product List; confirm the forest products remaining in the Import-Export Record Book for the cases specified in Point h of Clause 7 of this Article. In case verification of the origin of forest products is needed, within 01 working day from the date of receipt of valid documents, the local Forest Protection Authority shall notify the forest product owner about the verification; within 03 working days from the date of notification, the local Forest Protection Authority shall conduct verification, prepare the Verification Report according to Model No. 08 attached to this Circular, and complete the confirmation of the Forest Product List; confirm the forest products remaining in the Import-Export Record Book; in case there are many complex contents, the verification and confirmation shall be completed within no more than 07 days. In case of non-confirmation, reply in writing and specify the reasons.

d) After confirming the Forest Product List, the local Forest Protection Authority shall return the original Forest Product List and the Import-Export Record Book already confirmed to the forest product owner or organization or individual authorized by the forest product owner.

9. The local Forest Protection Authority shall be responsible under the law when confirming the Forest Product List; establish and update the confirmation into the Record Book of Confirmation of the Forest Product List according to Model No. 09 attached to this Circular; retain copies of the confirmed Forest Product List and forest product documents as stipulated in Clause 7 of this Article.

Chapter II

PROCEDURE AND PROCEDURES FOR HARVESTING FOREST PLANTS

ORDINARILY,WILD ANIMALS IN THE FOREST

Section 1

APPROVAL OF HARVESTING PLAN

Article 6. Approval of Harvesting Plan

1. In case of approval of the Harvesting Plan:

a) Exploiting and utilizing timber of ordinary forest plants from natural forests;

b) Exploiting and harvesting timber of ordinary forest plants from natural forests;

c) Exploiting non-timber forest plants of ordinary forest plants from natural forests that are special-use forests;

đ) Collecting samples of ordinary forest plants from special-use forests for scientific research and technology;

đ) Exploiting timber of ordinary forest plants from planted forests owned by the State as the representative owner;

e) Exploiting timber of ordinary forest plants from protective forests planted by organizations, individuals, households, or community groups at their own expense.

2. Competent authority for approval:

a) The Ministry of Agriculture and Rural Development shall approve the Harvesting Plan for the cases specified in Points a, b, c, d, and đ of Clause 1 of this Article for areas managed by the Ministry of Agriculture and Rural Development;

b) The People's Committee of the district shall approve the Harvesting Plan for the cases specified in Point đ of Clause 1 of this Article by individuals, households, or community groups at their own expense; exploiting and utilizing, harvesting timber of production forests which are natural forests managed by individuals, households, or community groups;

c) The Department of Agriculture and Rural Development shall approve the Harvesting Plan for cases not covered by Points a and b of this clause.

3. Documents:

a) Original Application for Approval of the Harvesting Plan according to Model No. 10 attached to this Circular;

b) Original Harvesting Plan according to Model No. 11 attached to this Circular;

c) Copy of the decision on changing the purpose of using the forest to another purpose approved by the competent authority or copy of the decision approving the forestry project or documentation proving the implementation of forestry measures or scientific research programs and topics approved by the competent authority for the cases specified in Points a and d of Clause 1 of this Article.

4. Procedure for implementation:

a) The forest owner or organization or individual authorized by the forest owner shall submit directly or through postal services or via the electronic environment one set of documents specified in Clause 3 of this Article to the competent authority for approval specified in Clause 2 of this Article. In case of submitting documents via the electronic environment, it shall be carried out in accordance with Decree No. 45/2020/NĐ-CP.

b) Validity response time for document components:

In case of direct submission: The competent authority for approval shall check the document components and immediately respond to the validity of the document components to the forest owner or organization or individual authorized by the forest owner.

In case of submission through postal services or via the electronic environment: Within 01 working day from the date of receipt of the documents, the approving authority shall examine the validity of the document components; in case the documents are not valid, notify in writing and specify the reasons.

c) Within 10 days from the date of receipt of valid documents, the competent authority for approval of the Harvesting Plan shall approve the plan and deliver the result to the forest owner or organization or individual authorized by the forest owner; in case of non-approval, notify in writing and specify the reasons.

4. The competent authority for approval of the Harvesting Plan shall send a copy of the approved Harvesting Plan to the local Forest Protection Authority where the harvesting takes place for monitoring, inspection, and supervision.

Article 7. Approval of the Plan for Exploiting Common Wild Animals from Nature

1. The competent authority to approve: The local Forest Protection Agency.

2. Documents:

a) The original Application for Approval of the Plan for Exploiting Common Wild Animals from Nature according to Form No. 10 attached hereto;

b) The original Plan for Exploiting Common Wild Animals from Nature according to Form No. 12 attached hereto.

3. Procedures for implementation:

a) Organizations, individuals, households, and community groups exploiting common wild animals from nature shall submit one set of documents directly or through postal services or electronic environment in accordance with Clause 2 of this Article to the local Forest Protection Agency. In case of submission through electronic environment, it shall be carried out in accordance with Decree No. 45/2020/NĐ-CP;

b) Validity response time for document components:

 In case of direct submission: The local Forest Protection Agency shall check the components of the dossier and immediately inform the organizations, individuals, households, and community groups about the validity of the dossier components.

In case of submission through postal services or electronic environment: Within one working day from the date of receipt of the dossier, the local Forest Protection Agency shall examine the validity of the dossier components; in case the dossier does not comply with the regulations, it shall notify in writing and specify the reasons.

c) Within ten days from the date of receipt of a valid dossier, the local Forest Protection Agency shall approve the Plan for Exploitation and deliver the result to the organizations, individuals, households, and community groups; in case of non-approval, it shall notify in writing and specify the reasons.

PART II

PROCEDURE FOR EXPLOITING COMMON WILD PLANTS FROM FORESTS,

WILD ANIMALS IN THE FOREST

Article 8. Exploitation of Utilization Wood of Common Wild Plant Species from Natural Forests

1. Documents:

a) Exploitation within the scope of land clearance: A copy of the decision on changing the purpose of forest use to another purpose; a copy of the approved Plan for Exploitation of Utilization Wood of Common Wild Plant Species from Natural Forests.

b) Exploitation during the implementation of forest composition adjustment, forest nurturing, and other forest management measures: A copy of the decision approving the forest management project or a copy of the document proving the implementation of forest management measures; a copy of the approved Plan for Exploitation of Utilization Wood of Common Wild Plant Species from Natural Forests.

2. Within five working days from the completion of exploitation, the forest product owner or the organization or individual authorized by the forest product owner shall submit one set of documents as prescribed in Clause 1 of this Article and the original Inventory of Forest Products to the local Forest Protection Agency for confirmation in accordance with Article 5 of this Circular.

Article 9. Exploitation of By-products of Wood of Common Wild Plant Species from Natural Forests

1. Documents: A copy of the approved Plan for Exploitation of By-products of Wood of Common Wild Plant Species from Natural Forests.

2. Within five working days from the completion of exploitation, the forest product owner or the organization or individual authorized by the forest product owner shall submit one set of documents as prescribed in Clause 1 of this Article and the original Inventory of Forest Products to the local Forest Protection Agency for confirmation in accordance with Article 5 of this Circular.

Article 10. Exploitation of Non-Wood Forest Products for Common Wild Plant Species from Natural Forests

1. Documents:

a) A copy of the approved Plan for Exploitation for cases of exploitation of non-wood forest products and derivatives of forest products for common wild plant species from natural forests that are special-use forests.

b) A copy of the Plan for Exploitation established by organizations, households, individuals, and community groups for cases of exploitation of non-wood forest products and derivatives of forest products for common wild plant species from natural forests that are protective forests and production forests according to Form No. 11 attached hereto.

2. Within five working days from the completion of exploitation, the forest product owner or the organization or individual authorized by the forest product owner shall submit the documents as prescribed in Clause 1 of this Article and a copy of the Inventory of Forest Products to the local Forest Protection Agency for monitoring and consolidation.

Article 11. Exploitation of common forest plants from planted forests owned by the State as the representative owner; exploitation of common forest plants from protective forests which are planted forests self-invested by organizations, individuals, households, and community residents.

1. Documents:

a) A copy of the approved exploitation plan for cases of wood exploitation or a copy of the exploitation plan established by the forest owner according to Model No. 11 attached to this Circular for cases of exploitation of non-wood forest products, parts, and derivatives from forest plants;

b) A copy of the decision on changing the purpose of using the forest to another purpose for cases of utilizing wood on areas changed from forest use to other purposes or a copy of the decision approving the forestry project or a copy of the document proving the implementation of forestry measures for utilization during the process of adjusting forest composition, nurturing the forest, and applying other forestry measures.

2. Within five working days from the completion of exploitation, the forest product owner or the organization or individual authorized by the forest product owner shall submit one set of documents as prescribed in Clause 1 of this Article and a copy of the Forest Product Inventory List to the local Forest Protection Agency for monitoring and summarizing.

Article 12. Exploitation of common forest plants from production forests which are planted forests self-invested by organizations, individuals, households, and community residents; scattered trees, garden trees with names identical to those of common forest plants from natural forests.

1. Documents: The original Forest Product Exploitation Information Form established by the forest product owner or the organization or individual authorized by the forest product owner according to Model No. 13 attached to this Circular.

2. Within five working days from the completion of exploitation, the forest product owner or the organization or individual authorized by the forest product owner shall send a copy of the documents as prescribed in Clause 1 of this Article and a copy of the Forest Product Inventory List to the local Forest Protection Agency for monitoring and summarizing.

Article 13. Collection of samples of common forest plants for scientific and technological research in special-use forests.

1. Documents:

a) A copy of the scientific research program or topic approved by the competent authority;

b) A copy of the sample collection plan approved by the competent authority.

2. Within five working days from the completion of exploitation, the forest product owner or the organization or individual authorized by the forest product owner shall submit one set of documents as prescribed in Clause 1 of this Article and a copy of the Forest Product Inventory List to the local Forest Protection Agency for monitoring and summarizing.

Article 14. Exploitation of common wild animals, parts, and derivatives of common wild animals from nature.

1. Documents: A copy of the approved plan for exploiting common wild animals from nature according to Article 7 of this Circular.

2. Within five working days from the completion of exploitation, the forest product owner or the organization or individual authorized by the forest product owner shall submit one set of documents as prescribed in Clause 1 of this Article and the original Inventory of Forest Products to the local Forest Protection Agency for confirmation in accordance with Article 5 of this Circular.

Chapter III

FOREST PRODUCT DOCUMENTS

Section 1

SOURCE OF FOREST PRODUCTS DOCUMENTS

Article 15. Source of forest product documents after exploitation.

1. Wood exploited from natural forests: The original Forest Product Inventory List confirmed by the local Forest Protection Agency.

2. Wood exploited from planted forests owned by the State as the representative owner; protective forests planted by organizations, individuals, households, and community residents self-invested:

a) The original Forest Product Inventory List established by the forest product owner; a copy of the exploitation plan approved by the competent authority;

b) The original Forest Product Inventory List confirmed by the local Forest Protection Agency for cases where the forest product owner requests confirmation according to point d, Clause 3, Article 5 of this Circular.

3. Wood exploited from production forests which are planted, wood with names identical to those of natural forest trees, scattered trees, and garden trees self-invested by organizations, individuals, households, and community residents: The original Forest Product Inventory List established by the forest product owner or the original Forest Product Inventory List confirmed by the local Forest Protection Agency for cases where the forest product owner requests confirmation according to point d, Clause 3, Article 5 of this Circular.

4. Non-wood forest plants exploited from natural forests, planted forests:

a) For non-wood forest plants listed in the Catalogue of Endangered, Precious, and Rare Forest Plants and Animals; non-wood forest plants listed in CITES Appendix: The original Forest Product Inventory List confirmed by the local Forest Protection Agency;

b) For non-wood forest plants not falling under the provisions of point a of this clause: The original Forest Product Inventory List established by the forest product owner or the original Forest Product Inventory List confirmed by the local Forest Protection Agency for cases where the forest product owner requests confirmation according to point d, Clause 3, Article 5 of this Circular.

5. Wild animals: The original Forest Product Inventory List confirmed by the local Forest Protection Agency.

Article 16. Documents for the origin of imported forest products

1. Imported wood: Implemented according to the provisions of Article 7 of Decree No. 102/2020/NĐ-CP dated September 1, 2020 of the Government on the Vietnam Timber Legality Assurance System.

2. Imported forest products other than wood:

a) For species listed in CITES Appendices: Customs declaration as prescribed by law; original or copy or electronic version of the CITES import permit.

b) For species not listed in CITES Appendices: Customs declaration as prescribed by law; original Inventory List of Forest Products prepared by the forest product owner or packing list/log list prepared by organizations or individuals as prescribed by the exporting country.

3. After clearance, the Customs Authority returns the documents to the forest product owner for retention as prescribed.

Article 17. Documents for the origin of forest products after confiscation

1. Wood after confiscation:

a) In cases where the agency responsible for handling confiscated assets is the Forest Protection Agency: Original Inventory List of Forest Products prepared by the assigned Forest Protection Agency.

b) In cases where the agency responsible for handling confiscated assets is not the Forest Protection Agency: Original Inventory List of Forest Products prepared by the assigned agency with confirmation from the local Forest Protection Agency.

2. Forest products after confiscation that do not fall under the circumstances prescribed in Clause 1 of this Article: Original Inventory List of Forest Products prepared by the agency responsible for handling confiscated assets.

Section 2

DOCUMENTS FOR FOREST PRODUCTS IN THE PROCESS OF PURCHASE AND SALE, TRANSFER OF OWNERSHIP RIGHTS, TRANSPORTATION WITHIN THE COUNTRY, AND EXPORT

INTRA-COUNTRY TRANSPORT AND EXPORT

Article 18. Documents for forest products in the process of purchase and sale, transfer of ownership rights, transportation within the country

1. For forest products subject to confirmation of the Inventory List of Forest Products as prescribed in points a, b, c, and d of Clause 3 of Article 5 of this Circular:

a) Original Inventory List of Forest Products confirmed by the local Forest Protection Agency;

b) Copy of the purchase and sale, transfer of ownership rights documents immediately preceding it or using a quick response (QR) code containing the documents prescribed herein on the Inventory List of Forest Products.

2. For forest products that are not finished wood products and do not fall under the circumstances prescribed in points a, b, c, and d of Clause 3 of Article 5 of this Circular:

a) Original Inventory List of Forest Products prepared by the forest product seller or transferee of ownership rights or original Inventory List of Forest Products confirmed by the local Forest Protection Agency for forest products prescribed in point d of Clause 3 of Article 5 of this Circular;

b) Copy of the purchase and sale, transfer of ownership rights documents immediately preceding it or using a quick response (QR) code containing the documents prescribed herein on the Inventory List of Forest Products.

3. For forest products transported to warehouses or storage areas by the forest product owner in one trip and on the same means of transport: Implemented according to the provisions of Article 15 of this Circular.

4. For imported forest products transported from the border gate to the warehouse of the importing organization or individual: Implemented according to the provisions of Article 16 of this Circular.

5. For forest products purchased directly from the Auction Committee, then transported to the warehouse of the purchasing organization or individual: Implemented according to the provisions of Article 17 of this Circular.

6. For finished wood products: Original Inventory List of Forest Products prepared by the forest product owner or original Inventory List of Forest Products confirmed by the local Forest Protection Agency for the circumstances prescribed in point d of Clause 3 of Article 5 of this Circular.

Article 19. Documents for forest products when exporting

1. For roundwood, sawn timber, wood products, the documents include one of the following:

a) Original Inventory List of Forest Products or original Inventory List of Forest Products confirmed by the local Forest Protection Agency for forest products prescribed in Clause 3 of Article 5 of this Circular;

b) Original or copy or electronic version of the CITES export permit for wood and wood products listed in the Catalogue of Endangered, Precious, and Rare Forest Plants and Animals; wild animals and plants listed in the CITES Appendices.

2. For forest products other than wood, the documents include one of the following:

a) Original or copy or electronic version of the CITES permit for specimens listed in the Catalogue of Endangered, Precious, and Rare Forest Plants and Animals; wild animals and plants listed in the CITES Appendices;

b) Original Inventory List of Forest Products confirmed by the local Forest Protection Agency for common forest animals;

c) Original Inventory List of Forest Products for non-wood forest plants outside the Catalogue of Endangered, Precious, and Rare Forest Plants and Animals that are common forest plants.

3. After clearance, the Customs Authority returns the documents to the forest product owner for retention as prescribed.

Section 3

DOCUMENTS FOR FOREST PRODUCTS AT PROCESSING FACILITIES, BUSINESS ESTABLISHMENTS, STORAGE, RAISING, AND CULTIVATION OF FOREST PLANTS AND ANIMALS

STORAGE, BREEDING, AND CULTIVATION OF FOREST PLANTS AND WILDLIFE

Article 20. Timber documents at processing, trading, storage facilities for wood, forest plants, wildlife, and species listed in CITES Appendices

1. Original timber origin documents after harvesting, importation, breeding, or confiscation processing for cases where the facility owner directly harvests, imports, or purchases timber after confiscation processing.

2. Original inventory lists of timber and copies of timber documents transferring ownership from previous organizations or individuals.

3. Copies of timber documents when selling or transferring ownership to organizations or individuals.

4. Registers of timber receipts and dispatches for organizations and traders following Model No. 07 attached to this Circular. The timber owner shall update information in the Register of timber receipts and dispatches upon receipt or dispatch of timber.

5. For species listed in the Catalogue of Endangered and Precious Forest Plants and Wildlife; species listed in CITES Appendices: Various registers as prescribed by the Government for managing endangered and precious forest plants and wildlife and implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

6. The timber owner is responsible for retaining timber documents corresponding to each stage of the timber supply chain, including: Timber origin documents after harvesting, transportation, processing, production, purchase, sale, transfer of ownership, importation, and timber after confiscation processing as stipulated in this Circular.

Article 21. Timber documents at breeding and cultivation facilities

1. Timber documents at breeding facilities for wildlife species; wildlife species listed in CITES Appendices:

a) Breeding facility code issued by competent state agencies for breeding facilities of endangered and precious wildlife species; endangered wild animals listed in CITES Appendices;

b) Original wildlife origin documents obtained through domestic harvesting, importation, or breeding for facility owners who are also organizations or individuals directly involved in harvesting, importing, or breeding; copies or electronic versions of wildlife origin documents for facility owners not directly involved in harvesting, importing, or breeding;

c) Original timber documents when receiving ownership transfers from previous organizations or individuals;

d) Copies of timber documents when selling or transferring ownership to organizations or individuals;

e) Various registers as prescribed by the Government for managing endangered and precious forest plants and wildlife and implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

2. Timber documents at cultivation facilities for endangered and precious forest plants; plants listed in CITES Appendices:

a) Cultivation facility code issued by competent state agencies;

b) Original timber origin documents obtained through domestic harvesting, importation, or artificial cultivation for facility owners who are also organizations or individuals directly involved in harvesting, importing, or artificial cultivation; copies or electronic versions of timber origin documents for facility owners not directly involved in harvesting, importing, or artificial cultivation;

c) Original timber documents when receiving ownership transfers from other organizations or individuals previously;

d) Copies of timber documents when selling or transferring ownership to other organizations or individuals;

e) Various registers as prescribed by the Government for managing endangered and precious forest plants and wildlife and implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Chapter IV

SAMPLE MARKING

Article 22. Objects to be marked

1. Finished products made from crocodile, a species belonging to Group IIB according to the List of Precious and Rare Forest Plants and Animals and Appendix II, III of CITES when purchased, sold, transferred ownership rights, or transported.

2. Specimens of species listed in the Appendices of CITES for export, if CITES has stipulated marking requirements, shall comply with the provisions of CITES.

Article 23. Forms, Methods, and Responsibilities for Marking Specimens

1. The marking of specimens may be carried out using labels such as stickers, serial numbers, barcodes, QR codes, or other materials (hereinafter referred to collectively as marking labels) containing all information specified in Article 24 of this Circular for management and traceability purposes.

2. The owner of the specimen decides on the material, size, and form of the marking label, which must be suitable for the nature and type of the specimen and comply with legal regulations regarding product labeling.

3. Each product is marked with one marking label. The marking label for the specimen must be directly attached to the product or packaging, storage container, ensuring it can be easily identified by the naked eye or reading device and preventing counterfeiting.

4. Directly attached marking labels on specimens must ensure that they tear or become damaged and cannot be reused upon removal. In cases where specimens are contained within the same packaging or storage container, the marking labels must be placed in positions where tearing or damage occurs when the packaging or container is opened, making them unusable again.

5. The owner of the specimen must mark the specimen before transporting, purchasing, selling, or transferring ownership rights.

6. After completing the marking of the specimen, within one working day, the forest product owner must record all marking information in the Specimen Marking Tracking Logbook either in paper or electronic format according to Form No. 14 attached to this Circular and bear responsibility for the accuracy of the marking label information; send the Specimen Marking Notification according to Form No. 15 attached to this Circular to the local Forest Protection Authority for monitoring and management.

Article 24. Information and Registration of Marking Labels

1. Information on the marking label:

a) Name of the specimen;

b) Species name: Common name and scientific name. In cases where the specimen is produced from multiple animal and plant species, the common name and scientific name of each species must be fully recorded;

c) Name and address of the organization or individual selling, transferring ownership rights of the specimen and the name and address of the organization or individual purchasing or receiving the transfer of ownership rights of the specimen;

d) Quantity of the specimen: This is the quantity of the specimen expressed in units of measurement or counted according to the characteristics of each type of specimen;

đ) Serial number of the label, including: Label number, abbreviation of province name, administrative unit code of district, abbreviation of specimen owner's name, abbreviation of two digits of the year the code was issued. Among these:

Label number: Recorded in Arabic numerals, in ascending order starting from number 01 until the end of the year.

Abbreviation of the province name in the appendix issued together with the Government Decree on the management of precious and rare forest plants and animals and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Abbreviation of the specimen owner's name: Determined by the specimen owner and reported to the provincial Forest Protection Authority. If the specimen owner changes their name, they choose a new abbreviation and report it to the provincial Forest Protection Authority for knowledge and management.

Administrative unit code of the district is the corresponding code for each county, district, town, city directly under the province, encoded with three digits according to Decision No. 124/2004/QĐ-TTg dated July 8, 2004.

2. Organizations or individuals marking specimens submit a notification along with a sample of the specimen marking label to the provincial Forest Protection Authority for consolidation and tracking.

Chapter V

INSPECTION AND TRACEABILITY OF FOREST PRODUCTS

Article 25. Objects and Forms of Inspection

1. Objects to be inspected: Organizations, individuals, households engaged in business, families, community residents who have activities related to logging, transportation, processing, production, buying and selling, transferring ownership rights of forest products, exporting, importing, storing forest products, raising wild animals, planting forest plants, and marking specimens.

2. Forms of Inspection:

a) Planned inspection;

b) Spot inspection.

Article 26. Content of Inspection

1. For logging of forest products: Inspect compliance with laws on logging of forest products according to the Forest Management Regulations and provisions stipulated in Chapter II of this Circular and actual forest products at the site.

2. For forest products when importing or exporting: Inspect forest product documents as prescribed in Articles 16 and 19 of this Circular and actual forest products at the border gate.

3. For transportation of forest products: Inspect compliance with regulations on forest product documents during transportation as prescribed in Article 18 of this Circular and forest products on the means of transport.

4. For processing, trading, and storing wood and forest products establishments: Inspect compliance with regulations on forest product documents as prescribed in Article 20 of this Circular and existing forest products at the establishment.

5. For establishments raising wild animals listed in CITES Appendices; establishments growing rare, precious, and endangered forest plant species or plants listed in CITES Appendices: Inspect compliance with regulations on forest product documents as prescribed in Article 21 of this Circular and animals and plants currently being raised or grown at the establishment.

6. For places storing forest products: Inspect forest product documents as prescribed in this Circular and existing forest products.

Article 27. Principles of Inspection

1. The inspection activities of the Forest Protection Agency shall be carried out by the Inspection Team or Inspection Group (hereinafter referred to as the Inspection Team) when there is an inspection decision from the competent authority as stipulated in Article 30 of this Circular, except for sudden inspections as prescribed in Clause 1 of Article 29 of this Circular.

2. Inspection activities of the Forest Protection Service must ensure promptness, objectivity, accuracy, compliance with duties and powers, and adherence to legal regulations.

3. Inspection activities must be conducted in accordance with the procedures stipulated in Article 31 of this Circular and a Record of Inspection must be established using Form No. 16 or Form No. 17 attached to this Circular.

Article 28. Planned Inspection

1. Annual Inspection Plan:

a) Before November 30 each year, the Head of the Forest Protection Agency as stipulated in Article 30 of this Circular is responsible for developing the next year's inspection plan and submitting it for direct superior approval;

b) In cases where there are directives from higher authorities or new management contents arise outside the annual inspection plan, adjust the inspection plan and submit it for approval by the competent authority;

c) Based on the approved inspection plan, the Forest Protection Agency shall notify relevant agencies, organizations, and individuals before December 31 each year or after adjusting the inspection plan and obtaining approval.

2. Special Topic Inspection Plan: Based on the situation of forest product management in the area requiring inspection and prevention, the Head of the Forest Protection Agency shall proactively develop a special topic inspection plan.

Article 29. Sudden Inspection

1. Basis for sudden inspection:

a) Information from mass media;

b) Information from complaints, denunciations, or reports from organizations or individuals;

c) Information from requests to handle violations from organizations or individuals;

d) Information from discoveries or immediate detection of violations by local Forest Protection officials or officials assigned to monitor and detect violations;

đ) Directives from the Head of the competent state management agency;

e) When signs of violation of laws are discovered.

2. Forest Protection officials collecting or receiving information about law violations or signs of law violations must immediately report to the Head of the Forest Protection Agency for handling the information.

3. Based on the information stipulated in Clause 1 of this Article, the Head of the Forest Protection Agency is responsible for handling the information, directing inspections, bearing responsibility for decisions made, and directing the establishment and management of a record book under confidential document management procedures.

Article 30. Authority to Issue Inspection Decisions by Forest Rangers

1. The Director of the Forest Ranger Department, the Heads of Regional Forest Ranger Sub-departments, the Heads of Provincial Forest Ranger Sub-departments, the Heads of Special Task Force Teams, the Heads of Mobile and Firefighting Teams, and the Heads of Forest Ranger Stations shall issue inspection decisions within their assigned functions and tasks.

2. The authorities specified in Clause 1 of this Article may delegate their subordinates to issue inspection decisions in accordance with the provisions of the law.

Article 31. Inspection Procedures

1. Announce and hand over the inspection decision to the inspected entity or its representative; notify the members of the Inspection Team and witnesses (if any).

2. Require the inspected entity or its representative to comply with the inspection decision issued by the competent authority and work with the Inspection Team. In cases where these individuals are not present at the inspection site, the Inspection Team shall invite representatives from the People's Committee of the commune or the local police station, and witnesses to announce the inspection decision and conduct the inspection as prescribed.

3. Conduct the inspection strictly according to the contents of the announced inspection decision. In cases where new issues arise during the inspection that exceed the authority, the Inspection Team must immediately report to the decision maker for timely handling.

4. Inspection of timber transportation: The Inspection Team can only stop vehicles in transit to inspect timber when there is evidence as stipulated in Clause 1 of Article 29 of this Circular. Stopping signals may be given using sirens, forest ranger flags, or flashlights.

5. Inspection of imported, exported, and transiting timber at border gates: The Forest Ranger agency shall cooperate with the customs agency at the border gate to organize the inspection of timber in accordance with this Circular.

6. The inspected entity must comply with the inspection requirements of the Inspection Team; immediately present the timber records as prescribed in this Circular and other related documents as required by law.

Chapter VI

IMPLEMENTATION

Article 32. Responsibility for Implementation

1. The General Department of Forestry:

a) Implement this Circular nationwide;

b) Submit to the Ministry of Agriculture and Rural Development for approval the Plan for Timber Harvesting in cases as provided in point a, Clause 2, Article 6 of this Circular.

2. The Forest Ranger Department:

a) Guide, inspect, and supervise the implementation of laws on timber harvesting, management, and traceability throughout the country as prescribed in this Circular;

b) Develop pilot models for forest plantation area codes for traceability linked to sustainable forest management and certification;

c) Develop pilot models for the application of information technology in managing and tracing the origin of timber;

d) Summarize and report on the implementation of regulations on managing and tracing the origin of timber throughout the country as prescribed in this Circular.

3. Regional Forest Ranger Sub-department:

a) Organize inspections of timber origins in accordance with this Circular under the direction of the Forest Ranger Department in the assigned areas;

b) Summarize and report on the implementation of this Circular in the assigned areas upon request of the competent authority.

4. Department of Agriculture and Rural Development: Organize the implementation and guide the execution of this Circular in the province.

5. Provincial Forest Ranger Agency:

a) Collect and retain information on timber harvesting, import, and export situations in the province; organize inspections, supervision, and traceability of timber origins as prescribed in this Circular;

b) Manage timber records as prescribed in this Circular;

c) Report on the management, inspection, and traceability of timber origins; animal breeding facilities, plant cultivation bases on the territory as prescribed in this Circular.

6. Local Forest Ranger Agency:

a) Collect and retain information on timber harvesting, import, and export situations in the managed area; organize inspections, verifications, supervision, and traceability of timber origins as prescribed in this Circular;

b) Manage timber records as prescribed in this Circular;

c) Retain records submitted by forest owners and timber holders as prescribed in Chapters II and III of this Circular; manage the Logbook for Confirmation of Timber Inventory List Model No. 09 attached to this Circular;

d) Compile and report according to Model No. 18 attached to this Circular on the situation of timber imports and exports in the area to the Provincial Forest Ranger Agency no later than ten days from the date of receiving reports from organizations, business households as prescribed in point c, Clause 8 of this Article.

7. Forest Owners:

a) Retain complete origin records of timber as prescribed in this Circular;

b) Implement pre-harvest and post-harvest reporting as prescribed in this Circular.

8. Organizations, individuals, business households, family households, community residents:

a) Retain complete timber records as prescribed in this Circular;

b) Be responsible for the accuracy and compliance with inspection and traceability regulations of competent authorities;

c) For organizations and business households: Maintain a Logbook for Import and Export of Timber according to Model No. 07 attached to this Circular; update the situation of timber imports and exports fully and promptly and present it when requested for inspection by competent authorities; report the situation of timber imports and exports to the Local Forest Ranger Agency according to Model No. 18 attached to this Circular semi-annually before July 15 and annually before January 15. The data closing period for the six-month report is from January 1 to June 30; the data closing period for the annual report is from January 1 to December 31 of the reporting year.

Article 33. Effective Date

1. This Circular takes effect from February 15, 2023.

2. Circular No. 27/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on the management and traceability of timber origins becomes invalid from the date this Circular comes into force.

3. Transitional Provisions

a) In the case where the forestry subject stores legally sourced timber from natural forests, confiscated timber after processing, timber listed in the Catalogue of Precious and Rare Forest Flora and Fauna, and timber listed in Appendix CITES prior to the effective date of this Circular, when selling, transferring ownership rights, or transporting such timber, they shall confirm the inventory list of forestry products according to the provisions of Article 5 of this Circular. The forestry subject shall conduct statistics on legally sourced timber from natural forests, confiscated timber after processing, and timber listed in Appendix CITES stored at their premises, prepare the Inventory List of Forestry Products according to Model No. 01 attached to this Circular, submit it to the local Forest Protection Authority for confirmation and management, and complete the process before September 30, 2023.

b) In cases where the logging permit has been approved before the effective date of this Circular but the logging has not yet commenced or is ongoing, the provisions of Circular No. 27/2018/TT-BNNPTNT dated November 16, 2018, issued by the Minister of Agriculture and Rural Development regarding the management and traceability of forestry products shall continue to be followed. The post-harvest forestry product documentation shall comply with the provisions of this Circular.

4. In the event that the legal normative documents cited in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replacing documents shall apply.

5. During implementation, if there are any difficulties, agencies, organizations, and individuals shall report them to the Ministry of Agriculture and Rural Development for consideration and resolution./.