Circular No. 3/LN-KL guiding the supervision of forest products

 CIRCULAR

NUMBER 3-LN/KL OF FEBRUARY 23, 1988 GUIDELINES FOR FOREST PRODUCT CONTROL

On December 30, 1987, the Chairman of the Council of Ministers issued Circular No. 1582 regarding the establishment of forest product control stations.

To strictly implement the Chairman of the Council of Ministers' regulations that the establishment of forest product control stations aims to strengthen the strict control over logging and transportation of wood and other forest products without causing obstacles to the circulation of forest products and other goods according to state policies and regulations, the Ministry hereby uniformly stipulates forest product control as follows:

I. ESTABLISHMENT OF FOREST PRODUCT CONTROL STATIONS

- In provinces with forests (20 provinces), where there are important water and land transportation hubs for forest products, forest product control stations should be established. The Forestry Department reports to the Provincial People's Committee for a written request which the Ministry will sign to establish forest product control stations.

On major water and land transportation routes, localities shall not organize multiple forest product control stations, which would affect the circulation of goods.

- In provinces with forests and large cities such as Ho Chi Minh City and Hanoi, the Forestry Department reports to the Provincial People's Committee for a decision to establish mobile forest product control teams to inspect and eliminate illegal logging, buying, selling, and storing of forest products.

- For the establishment of forest gate control stations, units assigned to manage and operate forests (associations, forestry farms, cooperatives, national parks, protected forests...) need to coordinate with provincial forestry agencies to report to the Provincial People's Committee for a decision to establish forest gate control stations. Forest protection forces of forest management units are the core at forest gate stations.

II. ORGANIZATION OF FOREST PRODUCT CONTROL

1. Control within the forest. Specialized forest management and protection forces, together with mass forest protection forces, must intensify patrols in the forest and inspections at forest gate stations to promptly detect and handle cases of illegal deforestation and wood transportation.

Strict checks on wood extraction and transport vehicles entering and exiting the forest must be conducted. Wood extraction beyond plan and household wood require permits from authorized forestry agencies. Wood extraction by associations, forestry farms, and economic joint ventures must have approved designs.

Extracted wood must be stamped with the forestry inspection hammer seal.

Vehicles entering the forest to collect wood must have proper documentation and can only enter designated areas (Area 1, Area 2) to collect wood.

2. Control at forest product control stations.

- To ensure effective and procedurally correct forest product control, personnel must be competent, morally upright, and proficient in forestry laws. Station staffing must be sufficient for continuous three-shift operations. During duty, forestry inspectors must wear uniforms, badges, insignias, and forestry inspector identification numbers.

At forest product control stations, police and military police forces must cooperate and support in performing duties.

- Forest product control stations (road and river) must have warning signs 100 meters before the station. The sign must clearly state: "Forest Product Control Station 100m ahead, Vehicles carrying forest products must stop for inspection!"

Stations may only stop passenger cars and buses for inspection if they are found to be illegally transporting forest products.

- While on duty, forest product control stations must strictly follow procedures for forest product control as prescribed, including accurate record-keeping in logbooks, ledgers, and other required documents, creating inspection records, handling violations, resolving forest products, and awarding bonuses according to current laws.

3. Current basic regulations concerning forest management, wood material management, and forest products.

In the field of forest management and protection, unified management of wood materials and forest products, and forest specialties has been regulated by many state and sectoral documents. These form the legal basis for forest product control.

Regarding logging and circulation of forest products, the Ministry requires units to comply with the following regulations:

- Logging must strictly adhere to the regulations of the Ministry as stipulated in Directive No. 10-LN/KL dated April 12, 1985, Circular No. 14-CNR dated April 17, 1986, Decision No. 69-QĐ/KL dated April 17, 1986, and other supplementary guidance documents.

For specialized wood transport vehicles, compliance with Decision No. 68-CT dated February 28, 1984 of the Chairman of the Council of Ministers is required.

- Management of wood materials and forest products must comply with Directive No. 199-CT dated June 12, 1987 of the Chairman of the Council of Ministers.

For utilization wood, compliance with Directive No. 37-CNR dated October 8, 1983 of the Ministry is required, and for precious rare wood and paper raw material wood, compliance with Directives No. 13-LN/KL and 16-LN/KL of the Ministry is required.

Strictly prohibit the misuse of utilization wood and firewood to transport high-quality wood, precious rare wood, and paper raw material wood.

- Transportation procedures for wood and forest products, specialties. Wood and forest products, specialties transported from Area 1 to Area 2, and from Area 2 to central warehouses and consumption locations must be stamped with the forestry inspection hammer seal and must have all required documentation as specified in Circular No. 9-LN/KL dated April 12, 1986 of the Ministry.

4. Violation cases must be handled resolutely according to Circular No. 23-LN/KL dated October 8, 1986 of the Ministry. Cases of illegal transportation of precious rare wood and paper raw material wood must be handled according to Directive No. 13-LN/KL or Directive No. 16-LN/KL of the Ministry.

Handling of vehicles transporting wood illegally is as follows:

For vehicles within the industry tasked with transporting wood (including contracted vehicles transporting wood for the forestry industry) if they exceed the permitted volume by more than 5% or carry incorrect types, a record must be made for the wood to be unloaded and handled according to current laws. Legitimate wood and vehicles must never be detained.

Drivers (including those in the forestry industry) who use their means of transport to assist smugglers in illegally transporting wood must be severely punished.

5. Recovered wood and forest products must be handed over to the supply agency for distribution according to plans as stipulated in Directive No. 44-LN/KL dated October 15, 1977 of the Ministry. Unauthorized use of confiscated wood and forest products is strictly prohibited.

6. Rewards for individuals who discover and apprehend violations of forest protection laws are encouraged and promptly given according to current laws.

The Ministry requests the Departments of Forestry, People's Forest Ranger Agencies to direct and inspect the performance of tasks at forest product control stations, prevent any malpractices in the forest product control process, so that such control contributes to supporting forest management and protection at their source, and firmly safeguarding the existing forest capital.