Circular No. 42/2012/TT-BNNPTNT amending and supplementing certain articles of Circular No. 01/2012/TT-BNNPTNT dated January 4, 2012 of the Ministry of Agriculture and Rural Development on legal timber documents and timber origin inspection.

CIRCULAR

Amending and supplementing some articles of Circular No. 01/2012/TT-BNNPTNT dated January 4, 2012

of the Ministry of Agriculture and Rural Development on legal forest product documents and inspection of forest product origin

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Pursuant to the Forest Protection and Development Law dated December 3, 2004;

On the basis of Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on the implementation of the Forest Protection and Development Law;

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 and Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the General Director of the Forest Management General Department;

The Minister of Agriculture and Rural Development promulgates this Circular amending and supplementing some articles of Circular No. 01/2012/TT-BNNPTNT dated January 4, 2012 on legal forest product documents and inspection of forest product origin.

Article 1. Amending and supplementing some articles of Circular No. 01/2012/TT-BNNPTNT

1. Clause 7, Article 3 is amended and supplemented as follows:

"7. Internal transportation refers to cases where forest products are transported between dependent accounting units such as logging sites, forestry companies, processing plants, branches, stores... within a business entity with legal personality and independent accounting; or cases where forest products are transported from a business entity with legal personality and independent accounting to dependent accounting organizations and vice versa.

Transporting forest products from the place of extraction to the place of processing, warehouse; transporting forest products from the place of processing, warehouse to the delivery place between the buyer and seller according to the economic contract of that consignment is also considered internal transportation."

2. Clause 1, Article 4 is amended and supplemented as follows:

"1. Determination of the volume of roundwood, sawn timber, planed timber shall be carried out in accordance with the regulations on management and hammering of trees, forest rangers' hammers of the Ministry of Agriculture and Rural Development.

For tree roots, stems, wood with complex shapes, ornamental trees, shade trees, ancient trees including roots, trunks, branches, leaves, if it is not possible to measure diameter and length to determine volume, and for concentrated planted forests without classification by diameter grade, weight shall be measured in kilograms (kg) and converted at 1,000 kg equals 1 cubic meter of roundwood or measured, calculated in ster and converted at 1 ster equals 0.7 cubic meters of roundwood."

3. Point c, Clause 3, Article 5 is amended and supplemented as follows:

"c) Record the total quantity, volume, or weight for natural roundwood, planed timber, sawn timber in the country that does not meet the specifications set forth in Point b, Clause 3, Article 5 of Circular No. 01/2012/TT-BNNPTNT or wood harvested from concentrated planted forests without classification by diameter grade.

In case of compiling a general forest product inventory list as mentioned above, when bringing forest products into processing to produce different products, the forest product owner must compile a forest product inventory list for each type of production and clearly indicate the source extracted from the original general forest product inventory list."

4. Clause 1, Article 7 is amended and supplemented as follows:

a) In point a, Clause 1, Article 7, remove the phrase: "concentrated planted forests".

b) Point c, Clause 1, Article 7 is amended and supplemented as follows:

"c) The forest ranger of the local area advises the Chairman of the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee of the commune) to confirm unprocessed forest products originating from natural forests in the country of communities, households, individuals for export."

5. Point b, Clause 1, Article 9 removes the phrase: "For wood that does not meet the standards for hammering by the forest rangers as prescribed by the Ministry of Agriculture and Rural Development: the forest product inventory list must have the confirmation of the competent authority as stipulated in Clause 1, Article 7 of this Circular."

6. Article 13 is amended and supplemented as follows:

"Article 13. Unprocessed forest products originating from concentrated planted forests, household gardens, farms, scattered plantations

1. The documents for forest products originating from concentrated planted forests, household gardens, farms, scattered plantations of organizations for export include: value-added tax invoice or export invoice as prescribed by the Ministry of Finance and forest product inventory list.

2. Documents for forest products exported by communities, households, individuals: forest product inventory list."

1. Upon receiving information about a railway traffic accident, the regional railway inspection team must promptly send personnel to the scene:

"Article 14. Unprocessed imported forest products processed domestically

1. Documents for a consignment of imported forest products directly implemented in accordance with Article 10 of Circular No. 01/2012/TT-BNNPTNT dated January 4, 2012.

2. Documents for forest products of imported origin for export

a) Documents for forest products of imported origin of organizations for export include: value-added tax invoice or export invoice as prescribed by the Ministry of Finance and forest product inventory list confirmed by the local forest ranger authority.

b) Documents for forest products of imported origin of individuals for export: forest product inventory list confirmed by the local forest ranger authority."

8. Amending and supplementing Point a, Clause 2, Article 18 as follows:

"a) Documents for transporting unprocessed domestic natural wood, imported wood, confiscated wood; wild animals, parts, derivatives thereof include: internal dispatch and transportation certificate and forest product inventory list confirmed by the local forest ranger authority."

Article 2. Replacing the phrases specified in Circular No. 01/2012/TT-BNNPTNT

a) Replace the phrase: "sales invoice" with the phrase: "value-added tax invoice or export invoice".

b) Replace the phrase: "internal dispatch note" with the phrase: "internal dispatch and transportation certificate".

Article 3. Implementation Provisions

1. This Circular takes effect from October 15, 2012.

2. During the course of implementation, if there are any difficulties, organizations and individuals shall promptly reflect them to the Ministry of Agriculture and Rural Development for resolution./.