Decision No. 47/1999/QĐ-BNN/KL Issuing Regulations on Inspection of Transportation, Production, and Business of Timber and Forest Products

 

Pursuant to …;

Issuing the Regulations on Inspection of Transportation, Production, and Business of Timber and Forest Products

 Timber and Forest Products

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THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 73/CP dated November 1, 1995 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Forest Protection and Development Law dated August 12, 1991;

At the proposal of the Director of the Forest Protection Department and the Director of the Forest Development Department,

DECISION:

Article 1||| The attached Decision promulgates the "Regulations on Inspection of Transportation, Production, and Business of Timber and Forest Products."

Article 2. These regulations shall take effect fifteen days from the date of signature and replace Circular No. 11 LN/KL dated October 31, 1995 of the Ministry of Forestry.

Article 3. The Permanent Secretaries of the Ministry, Directors of the Departments: Forest Protection, Forest Development, Processing of Agricultural and Forest Products and Rural Industries; Heads of Policy Departments and related Departments; Directors of Provincial Departments of Agriculture and Rural Development, Chiefs of Provincial Forest Protection Services under central cities are responsible for implementing this Decision./.

REGULATIONS

Inspection of Transportation, Production, and Business of Timber and Forest Products

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(Issued pursuant to Decision No. 47/1999/QĐ-BNN-KL dated March 12, 1999 of the Minister of Agriculture and Rural Development)

Chapter 1:

GENERAL PROVISIONS

Article 1. Timber, forest products, and other terms in these Regulations are understood as follows:

1. Raw timber harvested from natural forests, including roundwood, sawn timber, and processed timber of various types that have not yet been processed in factories.

2. Raw timber from planted forests, including various types of timber harvested from planted forests funded from different sources, garden wood, scattered tree wood, and rubber wood for disposal.

3. Various kinds of firewood, including firewood from natural forests and planted forests which cannot be utilized as timber.

4. Imported raw timber, including imported roundwood, sawn timber, and various types of artificial boards, and timber recovered from imported packaging materials.

5. Processed products, including:

a) Various types of sawn timber obtained by sawing raw timber that has been processed in factories to form planks, beams, boxes, frames, strips, battens, and slats, either planed or unplaned.

b) Finished wooden products, detailed finished products; handicrafts as defined in Decision No. 65/1998/QĐ-TTg dated March 24, 1998 of the Prime Minister.

c) Used wooden goods of various types.

d) Various types of artificial boards, including glued laminated boards, plywood, particleboards, fiberboards, composite boards, and roofing boards with or without surface coating or decoration.

e) Wood shavings (wood chips, bamboo chips), recovered packaging materials.

6. Other forest product raw materials and their products (referred to as other forest products), including non-timber forest products harvested from natural or planted forests, in both raw material and processed forms.

a) Raw material form, including all other forest products named according to their actual names, such as rattan, bamboo, palm leaves, medicinal plants, wild fruits, aromatic woods, orchids, ornamental plants, roots, leaves, and stems of wild trees...

b) Processed form, including all types of other forest products processed from raw materials as specified in Clause 6, Article 1 of these regulations, named according to their actual names, such as polished rattan, split bamboo, bamboo strips, essential oils, refined oils, charcoal, and incense...

7. Timber and forest products are classified into two categories: common and rare. Rare species are determined according to the provisions of Decree No. 18/HĐBT dated January 17, 1992 of the Council of Ministers (now the Government), including:

a) Rare forest plants groups IA and IIA.

b) Rare forest animals groups IB and IIB.

8. Wild animals, including:

a) Wild animals in their natural state (common and rare as defined in Decree No. 18/HĐBT dated January 17, 1992) and their products.

b) Wild animals bred in captivity, raised through breeding, and their products.

9. In addition to the items of timber and forest products listed in Clauses 1, 2, 3, 4, 5, 6, 7, and 8 of Article 1 of these regulations, if there are timber and forest products not mentioned, the consignor must report to the Ministry of Agriculture and Rural Development for timely handling.

10. Sales invoices, including value-added tax invoices, sales invoices, warehouse withdrawal invoices combined with transportation orders, service invoices, and other types of invoices, internal transportation orders combined with warehouse withdrawal orders, and other documents such as pre-printed price tickets (collectively referred to as invoices) issued by the Ministry of Finance (General Taxation Department) or accepted in writing by the Ministry of Finance (General Taxation Department) for organizations and individuals to print themselves.

Customs declaration form, is the declaration form confirmed by the Customs Office that the goods have completed customs procedures in accordance with the law.

Article 2. All organizations and individuals engaged in the transportation, production, and business of timber and forest products must strictly comply with these Regulations and be subject to supervision and inspection by the Forest Protection Authority.

Article 3. Directors of Provincial Departments of Agriculture and Rural Development, Heads of Forest Protection Authorities at provincial and centrally-administered city levels are responsible for disseminating and guiding organizations and individuals (referred to as consignors) to implement the transportation, production, and business of timber and forest products in accordance with these Regulations; at the same time, they must cooperate with relevant agencies and local authorities at all levels to implement Decision No. 245/1998/QĐ-TTg dated December 21, 1998 of the Prime Minister regarding the implementation of the State management responsibilities at all levels concerning forests and forest land.

Chapter 2:

DOCUMENTS FOR TRANSPORTATION, PRODUCTION, AND BUSINESS OF TIMBER AND FOREST PRODUCTS

Article 4. Documents for transporting raw timber as specified in Clause 1, Article 1, and processed products from raw materials as specified in Clause 5, Article 1:

1. For the transportation of raw timber as specified in Clause 1, Article 1.

a) Transport documents, including:

Sales invoice (only one type of invoice as specified in Clause 10, Article 1 is required).

Log history attached to the timber with the Forest Protection stamp.

b) In cases where raw timber has been inspected after entering the processing factory, when transporting or selling it, there is no need to re-stamp it with the Forest Protection stamp, but it must have a confirmation from the local Forest Protection authority.

c) In cases where the timber or raw materials do not meet the criteria for stamping with the Forest Protection stamp, the consignor must present a certificate from the local Forest Protection Station confirming that the timber is legal.

d) In cases where rare timber and forest products belong to group IIA, when transporting them out of the province, a special transport permit must be obtained from the local Forest Protection Service in accordance with Article 11 of these Regulations.

2. For the transportation of processed products from sources of raw materials as stipulated in Clause 5, Article 1, a sales invoice must be provided.

In the case of used raw materials, no documentation needs to be presented.

3. For timber and forest products that have been confiscated due to illegal activities when transported, the documents shall include:

a) Receipt for payment of forest product sales.

b) If it is raw timber that meets the criteria for stamping with the Forestry Inspectorate's hammer seal, a timber history record must be provided, attached with the timber stamped with the Forestry Inspectorate's hammer seal. If the raw timber does not meet the criteria for stamping with the Forestry Inspectorate's hammer seal, a confirmation from the local Forestry Inspectorate must be included in the timber history record.

c) If the timber or rare forest products belong to Group IIA and are being transported out of the province, a special transportation permit issued by the local Forestry Inspectorate Office according to the provisions of Article 11 of this regulation must be provided.

Article 5. Documents for transporting raw material timber from planted forests and processed products from planted forests as stipulated in Clause 2, Article 1:

1. If used on-site for household purposes, only a certificate from the nearest Forestry Inspectorate Office or the People's Committee of the commune or town is required.

2. If used for commercial purposes, the following documents are required:

a) Confirmation from the nearest Forestry Inspectorate Office.

b) Sales invoice (for organizations and individuals engaged in business) or purchase receipt (for organizations and individuals purchasing from the public).

3. In the case where raw material timber has names identical to those of natural forest trees, the transportation documents as stipulated in Clause 1, Article 4 shall apply.

Article 6. Documents for transporting various types of firewood as stipulated in Clause 3, Article 1:

1. For firewood of legal origin from natural forests, the transportation documents shall include: Sales invoice or purchase receipt.

Cutting down timber into firewood is strictly prohibited.

2. For firewood from planted forests, free circulation is allowed, and only a purchase receipt is required during transportation.

Article 7. Documents for transporting timber and forest products of imported origin as stipulated in Clause 4, Article 1 include:

a) Customs declaration form at the border gate.

b) If the forest products are round logs and sawn timber, a timber history record, including the name of the timber, must be provided, established by foreign entities.

In the case where round logs need to be cut short to fit the transport means, they must be stamped with the Forestry Inspectorate of Vietnam's hammer seal, accompanied by a record of the stamping process.

If resold to another enterprise, in addition to the above documents, a sales contract and sales invoice must also be provided. For round logs and sawn timber, a copy of the timber history record from the original, confirmed by the local Forestry Inspectorate Office, must be provided.

Article 8. Documents for transporting timber and forest products of legal origin intended for export:

1. For products of timber and forest products originating from natural forests within the country.

a) Raw material consumption quota established by the consignor and responsible under the law for the actuality and accuracy of the determination of the quota.

b) Export quota for natural forest timber of the enterprise.

c) Foreign trade sales contract.

2. For products of timber and forest products of imported origin:

a) Raw material consumption quota established by the consignor and responsible under the law for the actuality and accuracy of the determination of the quota.

b) Foreign trade sales contract.

3. For products of timber and forest products of planted forest origin, only a foreign trade sales contract is required.

4. In cases where customs procedures have been completed and the products are transported to the border gate for export, a customs declaration form (original) must be provided..

Article 9. Documents for transporting other forest products and products from other forest products as stipulated in Clause 6, Article 1:

When harvesting and consuming, the forest owner only needs to report to the nearest Forestry Inspectorate Office or the People's Committee of the commune or town within ten days to obtain a certificate confirming that the product is legally produced and can freely circulate in the market.

1. If used on-site, follow Clause 1, Article 5.

2. If used for commercial purposes, follow Clause 2, Article 5.

Article 10. Documents for transporting wild animals as stipulated in Clause 8, Article 1:

1. For common wild animals, the following documents are required:

a) Permit for hunting or capturing common wild animals (original or certified true copy from the local Forestry Inspectorate Office).

b) Transportation permit issued by the local Forestry Inspectorate Office (according to a unified model).

2. For wild animals as specified in Decree 18/CP, the following documents are required:

a) Written permission from the Ministry of Agriculture and Rural Development.

b) Special transportation permit issued by the local Forestry Inspectorate Office.

3. For wild animals of breeding origin, the following documents are required:

a) Confirmation from the local Forestry Inspectorate Office for organizations and individuals engaged in breeding and reproduction (original or certified true copy from the local Forestry Inspectorate Office).

b) Sales invoice (for organizations and individuals engaged in business) or purchase receipt (for organizations and individuals purchasing from the public).

c) Transportation permit issued by the local Forestry Inspectorate Office according to a unified model.

4. For wild animals that have been confiscated, the following documents are required:

a) Receipt for payment of forest product sales.

b) Transportation permit from the local Forestry Inspectorate Office for common species and special transportation permit issued by the local Forestry Inspectorate Office for rare species.

Article 11. Regulations on issuing special transportation permits:

1. When transporting rare forest plants belonging to Group IIA and rare wild animals belonging to Group IIB as stipulated in Clause 8, Article 1, a special transportation permit is required.

2. The special transportation permit is issued by the local Forestry Inspectorate Office and has the authority to extend the permit.

3. Application procedure: The consignor submits a letter or application requesting a special transportation permit to the local Forestry Inspectorate Office, specifying the origin, quantity, type of timber and forest products, departure point, destination, time, mode of transport, along with original documents regarding the origin of the timber and forest products.

The local Forestry Inspectorate Office will issue the special transportation permit immediately if all necessary documents are complete. If incomplete, the applicant will be guided to supplement the documents within ten days (counted from the date of receipt of the letter or application from the consignor) to obtain the special transportation permit.

4. Management of special transportation permits: Special transportation permits are printed according to a unified national model. The National Forest Protection Department is responsible for printing and distributing them to the local Forestry Inspectorate Offices. The local Forestry Inspectorate Offices are responsible for managing their use and reporting quarterly to the National Forest Protection Department on the issuance of special transportation permits for consolidation and reporting to the Ministry of Agriculture and Rural Development.

Article 12. For organizations and individuals using timber and forest products for production and business operations.

1. When raw material timber and forest products enter the factory, organizations and individuals are responsible for:

a) Register logs for wood and forest products issued by the Forest Protection Authority.

b) Store origin documents for raw wood and forest products.

2. When there are signs of violation of laws on forest management, protection, and forest product management, forest rangers have the right to conduct inspections. Organizations and individuals must present documents proving the legal origin of raw materials used in production and business.

Chapter 3:

PROCEDURES FOR INSPECTION AND CONTROL OF WOOD AND FOREST PRODUCTS

Article 13. The inspection and control of wood and forest products during transportation shall be regulated as follows:

1. Responsibilities of the consignor, person controlling the means of transport carrying wood and forest products:

a) Upon arrival at the Forest Product Inspection Station, the consignor or person controlling the means of transport must stop the vehicle to submit relevant documents regarding the origin of wood and forest products.

b) Comply with inspection and control requirements of forest rangers while performing their duties. Promptly report to the competent authority if the forest ranger acts contrary to the law.

c) Strictly comply with decisions on handling issued by the competent authority.

2. Responsibilities, powers, and contents of inspection and control of the Forest Product Inspection Station:

a) Responsibilities and powers.

Propagate and disseminate the Party's policies and State laws on forest management, protection, and forest product management.

Place warning signs for forest product control along the road sections before passing through the Station, approximately 100 meters from both sides, so that the consignor or controller of the means of transport knows to stop for inspection.

Have a notice board specifying regulations on invoices and documents related to transportation, production, and business of wood and forest products.

Have temporary storage facilities for forest products and bear responsibility under the law for temporary detention of goods.

Must organize forces to operate 24/24 hours a day, assign leaders to promptly handle tasks; the inspection team must consist of at least two people, wear uniform, carry identification badges, insignias, and nameplates.

Must record fully the date, time, quantity, and volume of forest products transported through the station; inspections must be conducted swiftly, accurately, without causing inconvenience to customers. Strictly implement handover procedures between shifts.

Must maintain a logbook for citizen reports on violations of forest management, protection, and forest product management regulations.

When inspecting, if violations are found, a record of handling must be established according to the law.

b) Content of inspection:

Inspect documents related to wood and forest products.

Inspect wood and forest products on the means of transport, compare with the presented documents.

After inspection, if no violations are found, the first forestry inspection unit conducting the inspection must stamp the transport permit or transport document with a seal indicating inspection (with signature and full name of the inspector). Subsequent units only record in their logbooks.

In cases of overloading, incorrect specifications, wrong routes, wrong types, or new violations discovered after the previous unit has inspected, the subsequent inspection unit must establish a record and handle according to the nature and degree of violation, then notify in writing the provincial forestry inspection agency managing the previous unit's staff and report to the National Forest Protection Agency.

All violations must identify the owner of the forest products and the person controlling the means of transport. If the owner cannot be identified and the controller does not provide evidence to prove that they were merely transporting the goods unintentionally, the controller will be considered the owner.

3. Forest rangers, when performing official duties, have the right to inspect wood and forest products transported by rail or air at railway stations or airports. The consignor must present relevant documents concerning wood and forest products.

Article 14. The inspection and control of raw materials for wood and forest products in production and business establishments are regulated as follows:

1. For forest rangers who see signs of violation of laws on forest management, protection, and forest product management, they may inspect the premises of enterprises, units, and private households according to the law. If forming an inspection team, it must be based on a written decision by the head of the Forest Protection Branch or the Forest Protection Station.

Inspection content:

a) Inspect wood processing permits and forest products.

b) Inspect the registration of wood and forest products received by businesses.

c) Inspect and compare files and documents proving the origin of raw materials for wood and forest products used in production and business.

d) During inspection, if violations are found, a record must be established and handled according to the law.

Inspections must be conducted quickly, accurately, without causing inconvenience to the establishment.

2. Production and business establishments must:

Present the files and documents as stipulated in Clause 1 of this Article.

Strictly comply with decisions on handling issued by the competent authority.

Article 15. The inspection and control of wood and forest products outside the Forest Product Inspection Station are regulated as follows:

1. Forest rangers, when performing official duties, can only stop vehicles to inspect wood and forest products if there is evidence that these items are illegally concealed within the vehicle.

They must use flags, signs, and signal lights to stop vehicles and bear legal responsibility for their decisions.

2. It is strictly prohibited to arbitrarily stop vehicles in motion for inspection and control of wood and forest products.

3. Equipment used to signal stopping of vehicles:

Horn: use a whistle blown by mouth.

Flag: the Forest Ranger tail flag.

Light: flashlight or storm lantern.

Sign: round reflective sign according to a unified model.

4. Contents of inspection according to Point b Clause 2 Article 13 of this regulation.

5. For the consignor or person controlling the means of transport, they must:

a) Strictly comply with the stop signals given by forest rangers.

b) Present relevant files and documents regarding the origin of wood and forest products.

c) Promptly report to the competent state authority if the forest ranger acts contrary to the law.

Article 16. Methods of measuring wood and forest products during inspection and control:

When forest rangers inspect and control forest products and find violations, they must measure the wood and forest products and inform the person controlling the means of transport or the owner of the wood and forest products about the measurement methods.

a) For round wood: measure the average diameter (or ring) at both ends or in the middle section of the trunk, including the core (unit: cm), and measure the actual length of the trunk used (unit: meters and take two odd numbers) to calculate the volume of each tree (converted to cubic meters).³).

b) For sawn timber, planed timber: measure each box, log, board, planed timber according to three dimensions: thickness (cm), width (cm), length (m) and take two odd numbers to calculate the volume of timber (converted to cubic meters).³).

c) For small-sized sawn timber: check the number of pieces of timber according to the quantity stated in the transport invoice.

d) For split timber (split in half or quarters): based on the split timber, determine the average diameter of the tree, from which calculate the total volume of the split tree, if split in half, divide the total volume of the tree by two, if split into quarters, divide by four, then calculate the volume of each type of timber (converted to cubic meters).³ round wood.

e) For Melaleuca wood, Acacia wood: calculate according to the number of trees, columns, logs, trunks.

g) For firewood: measure by single steres, double steres, tons, or quintals.

h) For other forest products: measure the volume, quantity, or weight according to the transport invoice.

The permissible error in measuring wood for volume: For round wood, it is + 10%, for sawn timber it is + 5%.

In cases where the wood has defects such as hollows, decay inside, outside..., these defects shall be deducted during the measurement process.

Chapter 4:

REWARD AND DISCIPLINE

Article 17. Organizations and individuals who perform well and achieve results will be rewarded. If they violate, they will be subject to administrative penalties or criminal responsibility as provided by law.

Article 18. For Forest Rangers who achieve results, rewards will be given. If they abuse their positions and powers, fail to implement or implement this regulation incorrectly, they will be subject to disciplinary action, administrative penalties, or criminal responsibility as provided by law.

During implementation, any issues encountered should be reported to the Ministry of Agriculture and Rural Development for review, amendment, and timely supplementation./.