Directive No. 283-TTg On Implementing Urgent Measures to Manage Precious and Rare Timber

DIRECTIVE

ON THE IMPLEMENTATION OF EMERGENCY MEASURES FOR THE MANAGEMENT OF PRECIOUS AND RARE WOODS

The Prime Minister has repeatedly requested the Ministry of Forestry, People's Committees at all levels, and related sectors to immediately take measures to stop the exploitation of precious and rare woods, strictly control their use, purchase, transportation, and exportation. However, the illegal exploitation and trade of these woods continue to be quite serious, and the situation of deforestation and forest destruction remains uncontrolled. The Ministry of Forestry, People's Committees at all levels, and related sectors have not consistently directed and strictly implemented Decree No. 18-HĐBT dated January 17, 1992, of the Council of Ministers (now the Government), and Directive No. 90-CT dated March 19, 1992, of the Chairman of the Council of Ministers (now the Prime Minister). Some localities and units, for short-term economic benefits, intentionally exploit wood under various deceptive forms such as harvesting and thinning trees to continue illegally purchasing, selling, and exporting precious and rare woods, especially Pơmu. Many localities have relaxed their responsibilities in state management, allowing people to freely clear forests for shifting cultivation, even cutting down trees on rocky mountains.

To address the above situation and quickly restore discipline in the exploitation, purchase, and use of wood, particularly precious and rare woods, the Prime Minister requests the Ministry of Forestry, Provincial People's Committees, and related sectors to continue directing and strictly implementing Decree No. 18-HĐBT dated January 17, 1992, of the Council of Ministers, Directive No. 90/CT dated March 19, 1992, and Circular No. 69 dated March 18, 1993, of the Prime Minister, and to focus on implementing the following urgent measures:

1. The Ministry of Forestry shall be responsible for:

Urging, inspecting, and directing localities to strictly implement inspections and penalties against organizations and individuals exploiting, transporting, and trading precious and rare woods, including Pơmu, in violation of the law; reporting and proposing to the Prime Minister measures to deal with agencies, localities, and units that violate national policies and regulations in this field.

Directing localities to plan and clearly define the scope and area of concentrated precious and rare wood forests and mountainous forests to encircle and protect them, while promptly issuing regulations for supervision, management, protection, and nurturing of these types of forests.

In June 1993, coordinating with relevant departments and localities to conduct a comprehensive inventory of precious and rare woods (including Pơmu) remaining in stock nationwide, reporting and proposing to the Prime Minister solutions for these stocks (excluding products made from Pơmu and other precious and rare woods that were granted export permits before Circular No. 69 dated March 18, 1993, as specified in Point 3 of this Directive).

On the basis of urgently reorganizing and modernizing the technical equipment of wood processing enterprises, and with a spirit of utmost thrift in consumption, adjusting the 1993 wood and forest product exploitation plan and forecasting plans for subsequent years to be appropriate (including both common and precious and rare woods).

From now on, when there is a special need to exploit precious and rare woods belonging to Group IIA (as stipulated in Decree No. 18/HĐBT dated January 17, 1992), the Minister of Forestry shall be responsible for examining specifically and submitting to the Prime Minister for decision.

Taking the lead in coordinating with the Ministry of Trade, the State Planning Commission, and the General Customs Department to review, supplement, and complete the list of wood, rattan, and bamboo export products to be submitted to the Prime Minister for issuance in July 1993, replacing Circular No. 9/TT-LB dated May 18, 1992, of the Joint Ministry of Forestry - Trade and the State Planning Commission.

2. People's Committees of provinces and centrally-administered cities with forests must immediately issue orders to stop the exploitation of Pơmu and other precious and rare woods (as stipulated in Decree No. 18-HĐBT dated January 17, 1992, including cases of exploitation for utilization and thinning); prohibiting the exploitation and felling of trees on rocky mountains, including those already permitted. Promptly and publicly announcing these orders, specifying the locations, areas, and species prohibited from exploitation so that all organizations and individuals are aware and comply.

People's Committees of centrally-administered provinces must order inspection stations (inter-ministerial inspection stations, forestry inspection stations) and local market management forces to strictly control the purchase, sale, and transportation of precious and rare woods. Inspection stations must perform their duties resolutely and promptly, handle according to the law without causing undue inconvenience affecting normal commodity circulation. All legally harvested wood and forest products with valid invoices and certificates may be freely transported between provinces, and localities may not arbitrarily prohibit them. Immediate inspections, arrests, and dispersals of all illegal logging, trading, transporting, storing, and consuming points of precious and rare woods must be conducted, and violations must be administratively punished or prosecuted.

3. The Ministry of Trade shall immediately issue orders to stop granting export permits for processed products from precious and rare woods (including Pơmu), which belong to Category A.B as stipulated in Circular No. 9/TT-LB dated May 18, 1992, of the Joint Ministry of Forestry - Trade and the State Planning Commission. For the time being, only allow the export of processed products from Pơmu and other precious and rare woods belonging to Categories C and D as stipulated in Circular No. 9/TT-LB dated May 18, 1992, of the Joint Ministry of Forestry - Trade - State Planning Commission.

For products made from Pơmu and other precious and rare woods that were granted export permits before Circular No. 69 dated March 18, 1993, of the Prime Minister but have not yet been exported, the responsibility lies with the Ministry of Trade to coordinate with the Ministry of Forestry and the General Customs Department to examine each case specifically and submit proposals for resolution according to the following principles for the Prime Minister's consideration and decision:

Where a contract has been signed with a foreign party and there are products in stock, all items in stock shall be allowed to be exported, and the contract shall be terminated even if the quantity stipulated in the contract has not been fully exported.

Where a contract has been concluded with a foreign individual but the product has not yet been manufactured, the contract shall be cancelled.

The deadline for permitting the export of processed products from precious and rare timber as provided for in this Clause is August 31, 1993.

For processed products made from other types of wood not included in the precious and rare timber specified in Decree No. 18-HĐBT dated November 17, 1992 of the Council of Ministers, they shall continue to be exported according to the provisions of Circular No. 9-TT/LB dated May 18, 1992 of the Joint Ministry of Forestry - Trade - State Planning Committee.

The Ministry of Forestry, the Ministry of Trade, the State Planning Committee, the General Department of Customs, and related sectors shall guide, direct, and supervise the implementation of this Directive in accordance with their respective functions and responsibilities; the Chairpersons of the People's Committees of provinces and centrally-administered cities shall be responsible for organizing and directing the strict implementation of this Directive within their respective localities. The Ministry of Forestry shall be responsible for compiling and reporting the results of the implementation of this Directive to the Prime Minister./.