Decision No. 59/2005/QD-BNN on the issuance of regulations on inspection and control of forest products

DECISION OF THE MINISTER

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Regarding the issuance of the Provision on Inspection and Supervision of Forest Products

_____________________

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

 

Based on the Forest Protection and Development Law 2004;

Pursuant to the Government Decree No. 86/2003/NĐ-CP dated July 18, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

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

 

DECISION:

 

Article 1. Attached to this Decision is the "Provision on Inspection and Supervision of Forest Products".

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 47/1999/QĐ-BNN-KL dated March 12, 1999 of the Minister of Agriculture and Rural Development "Regulations on Inspection of Transportation, Production, and Business of Timber and Forest Products"; and abolish the provision at item a, point 1.4, Clause 1, Chapter II of Circular No. 62/2001/TT-BNN dated June 5, 2001 of the Ministry of Agriculture and Rural Development guiding the export and import of goods under specialized agricultural management according to Decision No. 46/2001/QĐ-TTg dated April 4, 2001 of the Prime Minister on the management of export and import of goods during the period 2001-2005.

Article 3. The Heads of the Office, Heads of Departments, Institutes, Schools related; Directors of Provincial Departments of Agriculture and Rural Development; Chiefs of Forest Protection Stations; organizations and individuals involved in activities related to inspection, supervision, transportation, storage, and processing of forest products are responsible for implementing this Decision.

 

REGULATIONS

 

ON INSPECTION AND SUPERVISION OF FOREST PRODUCTS

(Issued together with Decision No. 59/2005/QĐ-BNN dated October 10, 2005)

of the Minister of Agriculture and Rural Development)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This regulation stipulates the procedures for inspection, supervision, and transportation, storage, and processing of forest products within the territory of the Socialist Republic of Vietnam.

Article 2. Applicability

This regulation applies to organizations, communities, households, and individuals within the country; foreign organizations and individuals engaged in activities related to inspection, supervision, transportation, storage, and processing of forest products.

Article 3. Explanation of certain terms in this regulation

1. Complete wooden products: are types of wood products that have been fully assembled according to the function of the product or parts of a complete product that can be immediately used upon assembly.

2. Incomplete wooden products: are semi-finished products made from wood or parts of such products, which when reassembled cannot form a complete product according to its intended use.

3. Local Forest Protection Authority: is the Forest Protection Station under the provincial Forest Protection Service.

Article 4. Forest products not subject to inspection procedures for transportation, storage, and processing

1. Wild plants and their products (excluding timber) that do not belong to endangered, precious, rare species and waste materials from timber and other forest products after processing.

2. Complete wooden products.

3. Types of artificial boards, chips, and powder processed from forest products.

Article 5. Special Transport Permit

1. Wild plants (excluding timber) and wild animals belonging to endangered, precious, rare species according to current regulations on management systems and lists of endangered, precious, rare wild plant and animal species and their products, which are not covered by Article 4 of this Provision, when transported out of the province must have a special transport permit.

2. Procedures for issuing a special transport permit:

a) A request for a special transport permit, sent to the provincial Forest Protection Service where the forest products are located, specifying the name, address of the owner of the forest products, departure and destination points, purpose of transportation, type, origin, quantity, and volume of forest products;

b) Documentation proving the origin of the endangered, precious, rare forest products for which a transport permit is requested.

3. The provincial Forest Protection Service where the forest products are located shall examine and issue a special transport permit to the owner of the forest products within a maximum of five days from the date of receipt of all necessary documents or inform the owner of the forest products of the reasons for not issuing a special transport permit.

4. Management of special transport permits

a) The Forest Protection Department shall print, distribute, and guide the management and use of special transport permits nationwide.

b) The Chief of the Forest Protection Service shall organize the implementation of the issuance of special transport permits according to the provisions of Clauses 1, 2, and 3 of this Article and report to the Forest Protection Department every six months on the situation and results of issuing special transport permits.

Article 6. Methods for measuring and calculating the volume of roundwood and sawn timber

The methods for measuring and calculating the volume of roundwood and sawn timber shall be carried out in accordance with the regulations of the Ministry of Agriculture and Rural Development on managing and using forestry gauges and forest inspection hammers.

For tree stumps and small logs with a diameter at breast height under 25 cm, they may be measured and calculated in units of volume as "ste" and then converted: 1 ste equals 0.5m to 0.7m³ depending on each type, determined and responsible by the forestry product owner before the law.³ tùy theo từng loại, do chủ lâm sản xác định và chịu trách nhiệm trước pháp luật.

Chapter II

PROCEDURES FOR TRANSPORTATION, STORAGE,

PROCESSING OF FOREST PRODUCTS

Article 7. Procedures for transporting, storing roundwood, sawn timber, and box-shaped processed wood harvested from natural forests within the country

1. For wood harvested from natural forests assigned or leased by the State to organizations:

a) Sales invoice in accordance with the regulations of the Ministry of Finance. In cases of internal transportation, there shall be an internal warehouse dispatch note issued by the organization;

b) Wood history record established by the organization;

The wood must bear the forest inspection hammer stamp according to the regulations of the Ministry of Agriculture and Rural Development consistent with the wood history record. In cases where the wood does not meet the standard for forest inspection hammer stamping, there shall be an inspection report issued by the local forest inspection authority where the wood is located.

2. For wood harvested from natural forests assigned or leased by the State to communities, households, or individuals:

The wood history record is established by the community, household, or individual, guided and advised by the local forest inspectorate, and confirmed by the People's Committee of the commune, ward, or town (hereinafter referred to as the People's Committee of the commune) where the wood is harvested;

The wood must bear the forest inspection hammer stamp according to the regulations of the Ministry of Agriculture and Rural Development consistent with the wood history record.

Article 8. Procedures for transporting, storing roundwood, sawn timber, and box-shaped processed wood harvested from planted forests, household gardens, scattered trees

1. For organizations:

a) Sales invoice in accordance with the regulations of the Ministry of Finance. In cases of internal transportation, there shall be an internal warehouse dispatch note issued by the organization;

b) Wood history record or inventory list established by the organization;

The wood must bear the forest inspection hammer stamp according to the regulations of the Ministry of Agriculture and Rural Development consistent with the wood history record. In cases where the wood does not meet the standard for forest inspection hammer stamping, there shall be an inventory list, guided and advised by the local forest inspectorate, and confirmed by the People's Committee of the commune where the wood is located.

c) Organizations that collect wood from multiple communities, households, or individuals shall have a wood history record or inventory list, guided and advised by the local forest inspectorate, and confirmed by the People's Committee of the commune where the wood is harvested.

2. For wood of communities, households, or individuals:

The wood history record or inventory list is established by the community, household, or individual, guided and advised by the local forest inspectorate, and confirmed by the People's Committee of the commune where the wood is harvested.

Article 9. Procedures for transporting imported roundwood and sawn timber

1. For organizations or individuals importing directly:

a) Customs declaration form for goods confirmed by the competent Vietnamese customs authority as having completed customs procedures;

b) Wood history record or inventory list established by the exporting country, including the scientific name of the wood in Latin. If the exporting country does not establish these elements, the direct importer organization or individual must supplement them and bear responsibility for the accuracy of such supplementation.

In cases where a consignment of imported wood is transported in multiple shipments, the direct importer organization or individual must establish a wood history record or inventory list for each shipment extracted from the original wood history record or inventory list and a copy of the customs declaration form for imported goods confirmed by the direct importer organization or individual.

c) The wood must bear the stamp of the exporting country's forest inspection hammer or the Vietnamese forest inspection hammer stamp according to the regulations on managing and using forest inspection hammers of the Ministry of Agriculture and Rural Development.

2. For organizations or individuals purchasing wood from direct importers:

a) Sales invoice in accordance with the regulations of the Ministry of Finance.

b) Original wood history record or inventory list (original). In cases where not all of a consignment of imported wood is purchased, there shall be a wood history record or inventory list established by the selling organization or individual based on extracts from the original wood history record or inventory list, confirmed by the local forest inspection authority.

Article 10. Procedures for transporting and storing wild plants and unfinished products thereof (excluding timber) belonging to endangered, precious, and rare species

1. For organizations:

a) Sales invoice in accordance with the regulations of the Ministry of Finance. In case of internal transportation, there shall be an internal warehouse dispatch form issued by the organization;

b) Confirmation from the local Forest Protection Authority;

c) Special transport permit as stipulated in Article 5 of this Regulation.

2. For communities, households, and individuals:

a) List of wild plants and unfinished products prepared by the community, household, or individual, guided by the Forest Ranger of the area and advised by the People's Committee of the commune where the wild plants and their products are located to confirm;

b) Special transport permit as stipulated in Article 5 of this Regulation.

Article 11. Procedures for transporting and storing sawn timber products and unfinished wooden goods from wood processing establishments

1. For organizations:

a) Sales invoice in accordance with the regulations of the Ministry of Finance. In cases of internal transportation, there shall be an internal warehouse dispatch note issued by the organization;

b) Record or list of sawn timber prepared by the organization.

2. For communities, households, and individuals:

Record or list of sawn timber prepared by the community, household, or individual, guided by the Forest Ranger of the area and advised by the People's Committee of the commune where the sawn timber and unfinished wooden goods are located to confirm.

Article 12. Procedures for transporting and storing wild animals hunted, bred domestically, and their products

1. For organizations:

a) Sales invoice in accordance with the regulations of the Ministry of Finance. In cases of internal transportation, there shall be an internal warehouse dispatch note issued by the organization;

b) List of wild animals or list of their products prepared by the organization;

c) Confirmation from the local Forest Protection Authority.

2. For communities, households, and individuals:

List of wild animals or list of their products prepared by the community, household, or individual. The local Forest Protection Authority where the wild animals or their products are located confirms.

3. In addition to the procedures prescribed in Clause 1 and Clause 2 of this Article, when transporting wild animals belonging to endangered, precious, and rare species and their products, a special transport permit as stipulated in Article 5 of this Regulation must be obtained.

Article 13. Procedures for transporting and storing wild animals and their products imported and transiting

1. Customs declaration for imported goods confirmed by the Vietnamese Customs Authority at the import gate as having completed customs formalities;

2. List of wild animals and their products prepared by the exporting country, including the scientific name of the wild animals in Latin;

3. For wild animals and their products imported under the list of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), in addition to the procedures prescribed in Clause 1 and Clause 2 of this Article, a CITES permit or certificate according to current regulations must also be obtained.

4. In cases where organizations or individuals purchase wild animals directly from importing organizations or individuals:

a) Sales invoice in accordance with the regulations of the Ministry of Finance;

b) List of imported wild animals and their products prepared by the seller with confirmation from the local Forest Protection Authority.

Article 14. Procedures for transporting and storing forest products that have been confiscated and transferred to the State Treasury

1. For timber:

a) Sales invoice in accordance with the regulations of the Ministry of Finance;

b) Record or list of timber prepared by the selling authority;

Timber bearing the Forest Protection Authority hammer mark in accordance with the regulations on managing and using the Forest Protection Authority hammer of the Ministry of Agriculture and Rural Development, consistent with the record.

2. For wild animals:

a) Sales invoice in accordance with the regulations of the Ministry of Finance;

b) List of wild animals or list of their products prepared by the selling authority;

c) Special transport permit as stipulated in Article 5 of this Regulation for endangered, precious, and rare wild animals.

3. Wild plants (excluding timber) and their products belonging to endangered, precious, and rare species:

a) Sales invoice in accordance with the regulations of the Ministry of Finance;

b) List of wild plants (excluding timber) or their products prepared by the selling authority;

c) Special transport permit as stipulated in Article 5 of this Regulation for endangered, precious, and rare wild plants (excluding timber).

4. Unfinished wooden goods:

a) Sales invoice in accordance with the regulations of the Ministry of Finance;

b) List of unfinished wooden goods prepared by the selling authority.

Article 15. Wood processing procedures and wildlife processing

1. For wood processing facilities and wildlife processing facilities:

a) Business registration, including the function of wood processing or wildlife processing, issued by competent state authorities;

b) A record book for tracking the import and export of wood, wildlife, or raw materials originating from wildlife, following the model guided by the local Forest Protection Authority.

2. For wood, wildlife at processing facilities, or raw materials originating from wildlife:

Documents related to the origin of wood, wildlife, or raw materials originating from wildlife as stipulated in this regulation. Within no more than one day from the date of import into the processing facility, the owner of the processing facility must fully record the contents prescribed in the import and export tracking book.

Chapter III

PROCEDURE FOR INSPECTION AND CONTROL OF FOREST PRODUCTS

Article 16. Inspection and control of forest products being transported on roads and waterways

1. For the Forest Protection Authority:

a) When forest products are in circulation, forest rangers may only stop road and waterway vehicles in circulation for inspection and control when there is evidence that such vehicles are illegally transporting forest products. Sources of information considered as grounds for stopping vehicles include reports from organizations and individuals in all forms. Organizations and individuals reporting illegal transportation of forest products must provide their full name, permanent address, workplace, or phone number.

b) When issuing a command to stop vehicles for inspection, there must be at least two forest rangers present. During inspection, forest rangers must wear uniform, badge, insignia, and identification as prescribed. The command to stop vehicles can be given using one or multiple means: horn, forestry flag, flashlight (when it is dark). The person commanding the stop is responsible under the law for the decision to stop the vehicle.

c) Content of inspection:

- Inspect forest product documents as prescribed in this regulation;

- Conduct a maximum random check of up to 30% of the forest products on the transport vehicle.

In cases where signs of violation of national regulations are discovered, the inspecting forest ranger must prepare an administrative violation report to continue inspection, investigation, and handling according to the law.

d) Do not set up barriers (barricades) on roads to stop vehicles for the purpose of controlling forest products.

2. For organizations and individuals transporting forest products:

a) Strictly comply with the command to stop vehicles issued by forest rangers.

b) Present to the inspector documents proving the origin of the forest products transported on the vehicle as prescribed in this regulation and other documents required by law.

Article 17. Inspection of wood processing facilities and storage locations for forest products

1. Inspection of wood processing facilities

a) For forest rangers: inspection of processing facilities is only allowed with an introduction letter from the head of the competent Forest Protection Authority, except in cases where the processing facility is caught in the act of violating the law. During inspection, forest rangers must wear uniform, badge, insignia, and identification as prescribed.

b) For owners of wood processing facilities: comply with the inspection requirements of assigned forest rangers; present the procedures related to wood processing as prescribed in Article 15 of this regulation; if there are violations, they must comply with the decisions of the competent authority.

c) Content of inspection: inspect the procedures related to wood processing as prescribed in Article 15 of this regulation; inspect the records of wood import and export by the owner of the processing facility; inspect forest products. If signs of violation of national regulations are found during inspection, the inspecting forest ranger must prepare an administrative violation report to continue inspection, investigation, and handling according to the law.

2. Inspection of storage locations for forest products outside the provisions of Clause 1 of this Article, including railway stations and ports

a) Forest rangers may only inspect when there is evidence that the location stores forest products of illegal origin. All inspections of storage locations for forest products must be recorded in a report and follow the current inspection procedures prescribed by the state. During inspection of storage locations for forest products, there must be at least two forest rangers present; forest rangers must wear uniform, badge, insignia, and identification as prescribed.

b) Owners of storage locations for forest products and owners of forest products must comply with the requirements of forest rangers performing their duties; present documents proving the origin of stored forest products as prescribed in this regulation and other documents required by law.

c) Content of inspection:

- Inspect documents proving the origin of stored forest products as prescribed in this regulation;

- Inspect the actual stored forest products.

If signs of violation of national regulations are found during inspection, the inspecting forest ranger must prepare an administrative violation report to continue inspection, investigation, and handling according to the law.

Article 18. Complaints and Accusations

Organizations and individuals have the right to lodge complaints or denunciations according to current laws when they discover unlawful actions by authorized organizations or individuals in the inspection and control of forest products./.