Directive No. 462-TTg on Strict Management of Logging, Transportation, and Export of Timber

DIRECTIVE

ON STRICT MANAGEMENT OF WOOD HARVESTING, TRANSPORTATION AND EXPORT

To address the existing loopholes in forest management, protection, harvesting, transportation, and export over recent times, and to continue implementing Directive No. 90-CT dated March 19, 1992 and Directive No. 283-TTg dated June 14, 1993 of the Government in the future, the Government issues the following guidelines and measures:

1. On forest management, protection, and wood harvesting.

a) The Ministry of Forestry must review and systematize all relevant state documents and regulations from past to present concerning forest management and protection (including laws, ordinances, decrees, etc.). If these documents and regulations are found to be lacking or have loopholes, they must immediately draft new documents for submission to the National Assembly and the Government for issuance. In the short term, the following actions should be taken:

Order immediate closure of forest gates for the following types of forests: protective forests, special-use forests, rocky mountain forests, and poor forests that need to be fenced off to promote regeneration. Direct localities to promptly define specific locations, areas, and boundaries of each forest zone. At the same time, issue management and protection regulations for each type of forest and publicize them openly so that everyone is aware and strictly adheres to them.

For production forests permitted for harvesting, strict regulations on the location, species, volume, and annual yield of harvested wood; harvesting procedures and inspection systems for post-harvest forest recovery must also be established. Any violations of these regulations, procedures, and norms must be dealt with severely.

Together with the State Planning Commission, review and submit to the Government for adjustment of the 1993 wood harvesting targets, and from 1994 onwards, implement the spirit of limiting wood harvesting, conserving wood usage, and protecting forests.

Strictly direct and inspect localities and units to comply with fire prevention and firefighting regulations for forests. From now on, localities or units where forest fires or deforestation occur will first bear responsibility before the state for the consequences. All cases of forest fires and deforestation must be thoroughly investigated to identify causes and perpetrators, and dealt with severely and promptly.

b) The Committee for Ethnic Minorities and Mountainous Areas has the responsibility to coordinate with the Ministry of Forestry and related sectors to strictly direct and inspect the organization and mobilization of permanent settlement for ethnic minorities still practicing shifting cultivation. Starting from the last months of 1993, concentrate and effectively utilize state funds allocated for this purpose primarily to provide subsistence assistance (in cash or rice) to these people, directing them to transition from slash-and-burn agriculture to forest protection duties. The state ensures sufficient food supplies for localities to sell or distribute to the ethnic minorities, and provincial People's Committees (where shifting cultivation occurs) are responsible for directing and organizing long-term stable settlement and improved living conditions for the ethnic minorities.

c) Provincial and municipal People's Committees strictly prohibit cutting trees in forests for firewood or charcoal sale. From now on, consider cutting down trees in forests for firewood and charcoal trade as illegal; confiscate and deal with such cases strictly according to the law (excluding firewood legally collected from dry branches and twigs in natural forests or after forest harvesting, thinning, and family gardens). For those without jobs and struggling to make ends meet who enter forests to cut trees for firewood or charcoal sale, local People's Committees must arrange employment for them. Even in exceptional cases, subsidies may be considered to ensure their livelihoods. Those with other sources of income or engaged in firewood and charcoal trade must be firmly prohibited. Propaganda and education agencies have the responsibility to widely publicize and educate about this issue through mass media so that all social strata understand and voluntarily comply. The Ministry of Energy and the Ministry of Construction are responsible for researching and submitting to the Government measures and policies to encourage the use of coal instead of firewood for cooking and firing bricks, tiles, pottery, and porcelain, thereby minimizing the indiscriminate use of firewood for burning as in the past.

2. On wood transportation:

The Ministry of Transport is responsible for:

Establish strict regimes and rules prohibiting overloaded transport vehicles that seriously damage bridges and roads, especially in cities; initially, ban oversized and overweight vehicles, particularly trucks transporting wood on national highways and entering cities. All violations must be documented immediately and dealt with severely (including confiscation of the entire vehicle and cargo). Clearly define the responsibilities and authorities of competent agencies and local governments (provinces and cities) in handling violations.

Quickly establish weight and size check stations for large vehicles and tracked vehicles operating on roads and regulations for implementing this. The Ministry of Home Affairs, the Ministry of Defense, and related localities must closely cooperate with the Ministry of Transport to organize weight check stations to prevent overloaded and oversized vehicles, but not impeding legitimate free flow of goods. In the short term, the Ministry of Transport must draft and submit to the Government for issuance supplementary regulations on wood transportation and the establishment or restoration of weight check stations at necessary locations and areas.

3. On wood transshipment:

Directive No. 90-CT dated March 19, 1992 of the Prime Minister has specified the detailed regulations on the transit of wood from neighboring countries; all localities and units must strictly implement these regulations, specifically: All requests for wood transit must be officially proposed by the government of the neighboring country through a diplomatic note and approved by the Government of Vietnam before implementation. The request must clearly specify the type of wood, quantity, border gate to pass through, and port of export. It is strictly prohibited for sectors, localities, and units to sign service contracts for wood transit without prior approval from the Government.

The Ministry of Forestry, Ministry of Trade, and General Department of Customs must strictly control this matter to prevent any abuse.

4. Regarding imported wood:

All cases of wood importation, including those where the neighboring country repays debts, must strictly follow the agreements or contracts signed between both parties and approved by the Government or the competent ministries of both countries. In cases not conforming to such agreements or contracts, the neighboring country's government must formally request the Government of Vietnam for permission to import.

The use of imported wood must comply with the regulations applicable to domestic wood.

5. Regarding wood exports:

a) The State continues to strictly prohibit the export of roundwood, sawn timber, rough floor panels, and raw logs, including the re-export of the aforementioned types of wood. Additionally, from now on, the State also strictly prohibits the export of wood products (including common and precious, rare wood) that are disguised under various forms for illegal export and which the buyer may exploit as raw materials. Only the export of common wood products and refined wood products (including individual items and complete sets) with shapes, sizes, etc., that cannot be exploited by the buyer will be allowed. For precious and rare wood classified under Group IIA as stipulated in Decree No. 18-HĐBT dated March 17, 1992, only handicraft products with low material consumption and which the buyer cannot exploit as raw materials, or cultural and artistic products with limited quantities and high export value, will be permitted, but such permission must be decided and authorized by the Prime Minister.

The Ministry of Forestry is responsible for coordinating with relevant sectors to urgently submit to the Government for issuance in October 1993 a list of wood, bamboo, rattan products allowed for export processing according to the spirit mentioned above, including packaging for exported goods, to replace the product list prescribed in Circular No. 9-LB dated May 18, 1992 issued by the Inter-Ministerial Committee of Forestry, Trade, and the State Planning Commission.

b) Entrust the Ministry of Forestry to lead together with the Ministry of Trade, General Department of Customs, Central Market Management Steering Committee, and related sectors to immediately establish inter-sector inspection teams to inspect and clarify the origin of wood stocks remaining at ports and railway stations, and propose measures to handle violations to the Prime Minister.

c) For processed wood products (including sliced wood, common wood, and precious, rare wood) that have been stockpiled since before, the handling approach is as follows:

For precious and rare wood products (including Pơmu wood) if they truly belong to categories A and B as stipulated in Circular No. 9-LB dated May 18, 1992, are stored in warehouses, have signed contracts with foreign countries, and received permits before Circular No. 69 dated March 18, 1993, then the Ministry of Trade shall coordinate with the Ministry of Forestry and General Department of Customs to inspect and confirm each case for submission to the Prime Minister for resolution according to Directive No. 283-TTg dated June 14, 1993 of the Prime Minister. The deadline for resolving the export of these products must end by October 31, 1993.

For precious and rare wood products belonging to categories C and D, and processed common wood products as stipulated in Circular No. 9-LB dated May 18, 1992, if they truly exist in warehouses and have signed contracts with foreign countries, then entrust the Ministry of Trade to coordinate with the Ministry of Forestry to resolve the export of all remaining products; the deadline for resolving the export of these products must end by December 31, 1993.

After the deadlines mentioned above, all sectors, localities, and units must cancel all cases of exporting wood products that violate the aforementioned regulations.

For products that have been processed but do not conform to the provisions of Circular No. 9-LB dated May 18, 1992, they must be retained and dealt with severely.

For plantation wood, generally, exports should be restricted in the form of roundwood, sawn timber, and rough floor panels primarily to ensure domestic needs. For wood used as paper raw material (Acacia and other Eucalyptus species), localities and units must first ensure sufficient supply to paper mills and other local needs. Based on this, the Ministry of Forestry shall lead together with the Ministry of Light Industry and localities with Acacia and other Eucalyptus species to specifically regulate the export of Acacia and other Eucalyptus roundwood; encourage the export in the form of wood chips and pulp. Other types of wood not used for paper raw material can be exported according to the new product list replacing Circular No. 9-LB dated May 18, 1992.

d) Starting from the 1994 plan onwards, the Ministry of Forestry shall cooperate with the State Planning Commission to develop and submit to the Government for decision the limited quota of wood for processing and export. The Ministry of Trade shall only issue export permits for products within the permitted quota.

e) The Ministry of Forestry is responsible for urgently directing the shift in wood and forest product processing and export work according to the aforementioned policy.

As for joint ventures with foreign partners in wood processing enterprises, the Ministry of Forestry and the State Committee on Cooperation and Investment must review the product plans of these joint ventures to handle them specifically, such as setting deadlines for redirecting products according to the general policy; or terminating the joint venture contracts; encouraging joint ventures in afforestation. For border wood (which is essentially raw material), the Ministry of Forestry must strictly define the logging areas and prioritize domestic needs first.

6. On handling violations:

All cases of forest burning and destruction, illegal logging, unauthorized use of wood, and smuggling of wood exports, etc., must be dealt with severely, both administratively and through prosecution under the law.

In the immediate term, the Ministry of Forestry has the responsibility to closely coordinate with legal agencies to promptly complete the files of recent violations of laws on forest protection and development, particularly serious cases, for trial in the near future./.