Decision No. 69/2001/QD-BNN-KL On the issuance of regulations on the management and use of Forest Marker Hammers and Forest Ranger Hammers.

DECISION OF THE MINISTER

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Regarding the issuance of regulations on managing and using the Forest Marker Hammer and the Forest Inspection Hammer

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

- Based on the Law on Forest Protection and Development dated August 12, 1991;

- Based on 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 proposal of the Director of the Forest Protection Department, the Director of the Forestry Development Department.

DECISION:

Article 1. The accompanying Decision hereby promulgates the "Regulations on Managing and Using the Forest Marker Hammer and the Forest Inspection Hammer."

Article 2. This Decision shall take effect fifteen days from the date of signature and shall replace Decisions No. 300/LN-KL dated August 12, 1991 and Decision No. 302/LN-KL dated August 12, 1991 of the Minister of Forestry (now the Ministry of Agriculture and Rural Development). All previous provisions contrary to these Regulations are hereby abolished.

Article 3. The Heads of the Ministry's Office, Heads of Departments, Inspectorate Heads, Directors of Provincial Departments of Agriculture and Rural Development, Chiefs of Forest Protection Branches of provinces and centrally governed cities, relevant units and individuals are responsible for implementing this Decision. /

Regulation

Management and use of the Forest Marker Hammer and the Forest Inspection Hammer

(Issued pursuant to Decision No. 69/2001/QĐ-BNN-KL dated June 26, 2001 of the Minister of Agriculture and Rural Development)

Forest Marker Hammer and Forest Inspection Hammer

Chapter I: General Provisions

Article 1. 1. The Forest Marker Hammer is a hammer made of steel according to a unified model used nationwide, used to mark wood belonging to objects specified in Clause 2 of Article 2 of these Regulations. The hammer face is square with each side measuring 30 mm, inside the square there are the letters QL and the hammer number (a sample of the Forest Marker Hammer is attached).

2. The Forest Inspection Hammer is a hammer made of steel according to a unified model used nationwide, used to mark wood belonging to objects specified in Clause 2 of Article 3 of these Regulations. The hammer face is round with a diameter of 32 mm, inside the circle there are the letters KL and the hammer number (a sample of the Forest Inspection Hammer is attached).

Purpose and objects to be marked with the Forest Marker Hammer:

Article 2. 1. Purpose of marking with the Forest Marker Hammer:

a) To accurately identify trees that are permitted to be harvested.

b) To determine the ownership of wood by the forest owner.

c) To serve as a basis for inspection and stamping with the Forest Inspection Hammer.

2. Objects to be marked with the Forest Marker Hammer:

All types of wood harvested from natural forests within the country with a trunk diameter of 25 cm or more must be marked with the Forest Marker Hammer, including: a) Wood included in the main harvesting design.

b) Wood harvested for commercial purposes from encircled forests funded by state capital.

c) Wood utilized during main harvesting.

d) Wood from the categories of utilization and salvage harvesting from natural forests.

e) Wood cut short or sawn from logs already marked with the Forest Marker Hammer under the categories specified in Point a, b, c, and d of Clause 2 of this Article.

Purpose, objects, and marking with the Forest Inspection Hammer:

Article 31. Purpose of marking with the Forest Inspection Hammer:

a) To certify that the wood has been legally harvested.

b) To determine the origin of the harvested wood.

c) To confirm legality to allow circulation.

2. Objects to be marked with the Forest Inspection Hammer:

a) Domestic raw timber: All types of domestic round timber with a trunk diameter of 25 cm or more and a length of 1 meter or more; all types of sawn timber and planed timber with a thickness of 5 cm or more, a width of 20 cm or more, and a length of 1 meter or more must be stamped with the Forest Inspection Hammer, including:

a.1) Timber harvested from natural forests within the country as specified in Clause 2 of Article 2 of these Regulations.

a.2) Timber harvested from scattered tree plantations and planted forests with names identical to those of natural forest timber certified by local Forest Inspection Stations or People's Committees of communes.

a.3) Raw timber meeting the specifications in Point a of Clause 2 of this Article which have already been stamped with the Forest Inspection Hammer but have been cut short for continued transportation.

a.4) Timber subject to confiscation decisions.

b) Imported timber:

b.1) Legally imported round or sawn timber that has been cut short or sawn from round timber meeting the specifications in Point a of Clause 2 of this Article.

b.2) In cases where enterprises export round or sawn timber of foreign origin without stamps from the exporting country, such timber must also be stamped with the Forest Inspection Hammer.

Responsibilities for manufacturing, managing, and using the Forest Marker Hammer and the Forest Inspection Hammer

Article 4. 1. The Forestry Development Department is responsible for manufacturing the Forest Marker Hammer, deciding on the issuance and recovery of the Forest Marker Hammer, guiding, and inspecting the management and use of the Forest Marker Hammer by provincial Departments of Agriculture and Rural Development.

2. The Forest Protection Department is responsible for manufacturing the Forest Inspection Hammer, deciding on the issuance and recovery of the Forest Inspection Hammer, guiding, and inspecting the management and use of the Forest Inspection Hammer by Forest Protection Branches.

3. Provincial Departments of Agriculture and Rural Development manage the Forest Marker Hammer and decide to allocate it to units and officials to carry out the marking of the Forest Marker Hammer.

4. Forest Protection Branches manage the Forest Inspection Hammer and decide to allocate the Forest Inspection Hammer to Forest Inspection Stations, Forest Product Inspection Stations (hereinafter referred to as Forest Inspection Stations), and Mobile Forest Inspection Teams to carry out the marking of the Forest Inspection Hammer.

Logging records and numbering the ends of round and sawn timber

Article 5. 1. The forest owner or wood owner is responsible for classifying the wood, preparing logging records as prescribed, writing serial numbers with paint according to the logging records (the forest owner may also stamp additional marker hammers with letters and numbers) at both ends of the round and sawn timber; presenting approved logging design plans, logging permits, and coordinating with the local Forest Inspection Authority regarding the time and location for stamping the Forest Inspection Hammer.

2. For confiscated timber, the Forest Inspection Authority will number the ends of the round or sawn timber according to the logging records with paint.

Method of measuring timber

Article 61. For round timber

a) Measuring length: Use a tape measure to measure, place the tape straight, mark after each measurement, then continue measuring. If both ends of the timber are cut straight, measure from the cross-section of one end to the cross-section of the other end; if one end is cut obliquely, measure from the edge of the shorter cut end; if the end has a scar or knot, measure from the inner edge of the scar; the unit of measurement is meters (m) with two decimal places.

b) Measuring diameter (or circumference): Use a caliper or non-stretchable tape measure to measure, measure the diameter (or circumference) of both ends of the log, including the bark.

If measured with a caliper or tape measure, measure at both ends of the log, 10 cm away from the cross-section of each end of the log, take the average, the unit of measurement is centimeters (cm) with one decimal place, must place the measuring tool perpendicular to the log.

If measured with calipers or a tape measure, measurement must be taken at both ends of the log (section of wood), 10 cm away from each cross-section end of the log (section of wood), the arithmetic mean shall be taken, unit of measurement in centimeters (cm), retaining one decimal place, the measuring instrument must be perpendicular to the tree trunk. measure in centimeters (cm), if obtaining a decimal number, must place the ruler perpendicular to the tree trunk.

c) The forest owner or the wood owner shall record on the wood dossier the type of tape measure or ruler used to measure the wood; entities with inspection functions must also use that type of measuring tool to re-measure the wood.

2. For sawn timber or carved wood: specifically measure each box, log, plank, or carved piece according to three dimensions: thickness and width measured in centimeters (cm), using odd numbers; length measured in meters (m) using even numbers to calculate the volume of wood.

In cases where the surfaces of sawn timber or carved wood are skewed and do not form a rectangular shape, measurements should be taken at the smallest dimensions.

3. For split or quartered wood: based on the already split wood, determine the average diameter of the tree trunk, from which calculate the volume of the split wood; if it is split in half, divide the volume of the tree trunk by two, if quartered, divide by four, then calculate the volume of each type of wood.

4. The permissible error in measuring the volume for round wood is ± 10%, and for sawn timber is ± 5%.

5. In cases where the wood has defects such as hollows, decay inside, decay outside..., the volume of defective wood is deducted during the measurement process. The method for determining hollows, internal decay, and external decay is as follows:

a) Hollows, internal decay: Measure the largest diameter of the wood affected by hollows or internal decay at the cross-section of the log (section) of wood; measure the length of the wood affected by hollows or internal decay; calculate the volume of the wood affected by hollows or internal decay, subtract this volume from the total volume of the log (section) of wood to obtain the actual usable volume of wood.

b) External decay: Measure the deepest point (d) of the cross-section of the log (section) of wood affected by external decay; subtract the diameter of the decayed part (d) from the diameter of the entire log (section) of wood (D); then calculate the actual usable volume.

The volume of defective wood due to hollows, internal decay, or external decay of each log (section) must be recorded in the wood dossier, serving as a basis for inspection units when conducting a review of the volume.

Article 7. Strictly prohibit the following actions:

1. Hammering the Forest Management Stamp onto wood not within the scope defined in Clause 2 Article 2 of this Regulation or hammering the Forest Management Stamp outside the approved logging area.

2. Hammering the Forest Inspector Stamp onto wood not within the scope defined in Clause 2 Article 3 of this Regulation or hammering the Forest Inspector Stamp beyond the management jurisdiction.

3. Lending the Forest Management Stamp or the Forest Inspector Stamp to others.

4. Erasing the Forest Inspector Stamp already hammered onto wood.

5. Manufacturing, using counterfeit Forest Management Stamps or counterfeit Forest Inspector Stamps.

Chapter II: Management and Use of the Forest Management Stamp

Article 8. The Director of the Department of Agriculture and Rural Development is responsible for:

1. Reporting to the Director General of the Forestry Development and Law Enforcement Bureau regarding the management and use of the Forest Management Stamp in their locality or unit.

2. When conducting logging design: Deciding to allocate the Forest Management Stamp to the logging design unit or to the forestry business management unit to carry out the stamping; after completing the logging design phase, issue a decision to recover the stamp; when allocating or recovering the stamp, a record must be established (including in case of damage).

3. If the Forest Management Stamp is damaged, the stamp number is worn, cracked, or does not clearly print digits when stamped on wood, it must be recovered, reported to the Forestry Development Bureau, and submitted according to the decision of the Director General of the Forestry Development Bureau.

4. The stamp number must be changed annually for each forest owner unit.

5. In case of loss of the Forest Management Stamp, issue a decision to invalidate the lost stamp, notify relevant police, forestry inspection, public prosecution agencies, mass media, and report to the Forestry Development Bureau within ten days from the date of loss. Clarify individual responsibility for losing the Forest Management Stamp.

6. Authorized to delegate the Deputy Director of the Forestry Development Sub-bureau to implement the allocation and recovery of the Forest Management Stamp.

Article 9The heads of units and officials allocated the Forest Management Stamp have the responsibility to:

1. For the head of the logging design unit:

a) Be responsible before the Director of the Department of Agriculture and Rural Development and the law for managing and using the Forest Management Stamp in their unit.

b) Organize the preservation of the Forest Management Stamp during the allocation period, ensuring it is not lost. When allocating the stamp to officials in the unit or recovering it, a record of allocation and receipt must be established; if the Forest Management Stamp is lost, a record must be established, clarify individual responsibility, and report to the Department of Agriculture and Rural Development within five days from the date of loss.

c) Direct the recovery of damaged Forest Management Stamps and submit them to the Department of Agriculture and Rural Development to obtain a new Forest Management Stamp.

2. For officials in the logging design unit assigned the task of stamping the Forest Management Stamp:

a) Personally receive and submit the stamp, sign the record of allocation and submission of the Forest Management Stamp. Be responsible before the head of the unit and the law for managing and using the Forest Management Stamp in accordance with regulations.

b) Personally stamp the Forest Management Stamp on the wood specified in point a, Clause 2, Article 2 of this Regulation.

c) Adhere to the provisions of Article 10 of this Regulation, record the results of stamping and submission of the Forest Management Stamp to the head of the agency upon completion of the stamping phase.

d) Ensure the Forest Management Stamp is not lost; if lost, immediately report to the head of the agency. Bear personal responsibility for the loss of the Forest Management Stamp..

3. Officials in the Department of Agriculture and Rural Development (or Forestry Development Sub-bureau) assigned the task of stamping the Forest Management Stamp have the responsibility to:

a) Implement according to the provisions of points a, c, and d, Clause 2 of this Article.

b) Personally stamp the Forest Management Stamp on the wood specified in points b, c, d, and e, Clause 2, Article 2 of this Regulation.

Article 10Stamping Regulations for the Forest Management Stamp

1. For wood specified in points a and b, Clause 2, Article 2 of this Regulation, three Forest Management Stamps must be applied; two stamps opposite each other at a height of 1.3 meters from the ground on the trunk, and one stamp at the base below the cutting level, approximately one-third of the trunk's diameter from the ground. Before applying the Forest Management Stamp, all bark must be removed to expose a 10 cm wide and 20 cm long section of wood. The stamp must be clearly visible, oriented in a consistent direction according to the terrain for easy identification. Do not apply the stamp on the side or edge of the tree. The stamp number must be reflected in the logging design dossier.

2. For wood specified in points c, d, and e, Clause 2, Article 2 of this Regulation, two Forest Management Stamps must be applied opposite each other on the trunk, spaced 50 cm apart from the cross-section of the log (section) of wood.

3. In cases where the logging technology involves splitting logs in the forest: the forest owner shall establish a profile for round logs to be split from trees that have already been marked with the Axe Stamp, then proceed to split them in the forest, establish a profile for the split logs, report to the Department of Agriculture and Rural Development for inspection, stamp the additional Axe Stamp on both ends of the cross-sections of the split logs as the basis for acceptance, and stamp the Forest Ranger Stamp.

4. If within the permitted logging area, fallen, broken trees, branches, or twigs with a diameter of 25 cm or more occur, or if the Axe Stamp is lost during transportation, the Department of Agriculture and Rural Development shall lead, together with the forest owner, and with the presence of a representative of the local Forest Protection Station, to prepare a record confirming the quantity and volume of wood, and subsequently stamp the Axe Stamp according to the provisions of Clause 2 of this Article.

5. The location for stamping the additional Axe Stamp as stipulated in Clauses 3 and 4 of this Article shall be within the permitted logging area.

Chapter III: Management and Use of the Forest Ranger Stamp

Article 11The Director of the Forest Inspection Division shall be responsible:

1. Before the Director of the Forest Protection Service and the laws regarding the management and use of the Forest Ranger Stamp in their respective locality or unit.

2. Issue Decisions to assign the Forest Ranger Stamp to the Heads of Forest Protection Stations and Mobile Forest Protection Teams; guide and inspect the management and use of the Forest Ranger Stamp.

3. In cases where imported roundwood or sawn timber does not bear the stamp of the exporting country, report to the Forest Protection Service to issue a special-numbered Forest Ranger Stamp to mark such timber.

4. Within five days from the date of issuance of a Decision on the use, recovery, or replacement of the stamp, notify the People's Procuratorates, Public Security Organs at the same level, other Forest Protection Services, and report to the Forest Protection Service.

5. In case the Forest Ranger Stamp is lost, issue a Decision to invalidate the stamp and handle individual responsibility; simultaneously notify relevant agencies, Forest Protection Services, mass media, and report to the Forest Protection Service.

Article 12. The Head of the Forest Protection Station and the Leader of the Mobile Forest Protection Team shall be responsible:

1. Before the Chief of the Forest Protection Service and the laws concerning the management and use of the Forest Ranger Stamp in their respective units.

2. When assigning the Forest Ranger Stamp to forestry officials for use, it must be done through a written order.

3. Within two days from the date of loss of the Forest Ranger Stamp, handle individual responsibility, notify the People's Procuratorates, Public Security Organs at the same level, mass media, and report to the Forest Protection Service.

4. When the forest owner presents a profile of the harvested wood to have the Forest Ranger Stamp affixed to trees already marked with the Axe Stamp, within ten days, the Head of the Forest Protection Station must arrange for a forestry official to visit the agreed-upon location and time to inspect, stamp the Forest Ranger Stamp, and confirm the profile of the stamped wood established by the forest owner or wood owner.

Article 13. Forestry officials assigned the task of stamping the Forest Ranger Stamp shall be responsible:

1. Directly receive the Forest Ranger Stamp and sign the logbook for receiving and returning the Forest Ranger Stamp, and be accountable before the head of the unit and the laws regarding the management and use of the assigned Forest Ranger Stamp.

2. Only use the Forest Ranger Stamp within the jurisdiction of the unit upon order from the Head of the Forest Protection Station or the Leader of the Mobile Forest Protection Team.

3. Directly stamp the Forest Ranger Stamp, perform stamping according to the time and location specified in the leadership orders and Articles 14, 15, and 16 of this Regulation, record in the logbook for stamping the Forest Ranger Stamp, and return the Forest Ranger Stamp to the Head of the Forest Protection Station or the Leader of the Mobile Forest Protection Team when the stamping session concludes.

4. Manage and use the Forest Ranger Stamp in accordance with regulations, do not lend out or lose the stamp. If the Forest Ranger Stamp is lost, immediately report to the Head of the Forest Protection Station or the Leader of the Mobile Forest Protection Team to report to the Forest Protection Service for appropriate measures. Be personally responsible for losing the stamp..

Article 14. Location for Stamping the Forest Ranger Stamp

1. For wood subject to the provisions of point a.1, Clause 2, Article 3 and Clause 3, Article 10 of this Regulation, the location for stamping the Forest Ranger Stamp is the approved logging sites by the Department of Agriculture and Rural Development.

2. For wood subject to the provisions of point a.2, Clause 2, Article 3 of this Regulation, the location for stamping the Forest Ranger Stamp is at the logging site.

3. For wood subject to the provisions of point a.3, Clause 2, Article 3 and point b.1, Clause 2, Article 3 of this Regulation, the location for stamping the Forest Ranger Stamp is where the tree is cut short or split.

4. For wood subject to the provisions of point b.2, Clause 2, Article 3 of this Regulation, the location for stamping the Forest Ranger Stamp is where the company collects wood at the border gate.

5. For confiscated wood, the location for stamping the Forest Ranger Stamp is the warehouse of the Forest Protection Agency or the warehouse of the organization or individual entrusted with custody.

Article 15. Inspection of Wood and Stamping the Forest Ranger Stamp

1. Prior to stamping the Forest Ranger Stamp, the forestry official assigned the task of stamping must inspect the logging permit, the Axe Stamp, and the paint stamp (Axe letter stamp, Axe number stamp if applicable) according to the profile established for each piece of roundwood or sawn timber, measure and verify against the profile established by the forest owner or wood owner, and if there are no violations of current national regulations, proceed to stamp the Forest Ranger Stamp.

2. If wood without the Axe Stamp or logged outside the permitted area is discovered, a violation record must be prepared and reported to the Head of the Forest Protection Station for handling according to the law.

3. In cases where the correct tree with the Axe Stamp and within the permitted area and area specified in the logging permit is logged:

a) If the species is incorrect, jointly with the forest owner, prepare a record for the Head of the Forest Protection Station to report to the Forest Protection Service; the forest owner reports to the Department of Agriculture and Rural Development to coordinate resolution for stamping the Forest Ranger Stamp.

b) If the total volume logged exceeds 11% to 15%, jointly with the forest owner, prepare a record for the Head of the Forest Protection Station to report to the Forest Protection Service; the forest owner reports to the Department of Agriculture and Rural Development to coordinate resolution for stamping the Forest Ranger Stamp..

c) If the total volume logged exceeds 15%, the Department of Agriculture and Rural Development reports to the Ministry of Agriculture and Rural Development for resolution.

4. When affixing the Forest Ranger hammer mark, there must be two forest rangers and representatives of the forest owner or timber owner, or the logging unit. After each session of affixing the Forest Ranger hammer mark, the forest rangers must prepare a record confirming the affixing of the Forest Ranger hammer mark and bear responsibility before the head of the unit and the law for the confirmed timber history and the Forest Ranger hammer marks affixed on the timber.

Article 16. Method of affixing the Forest Ranger hammer mark

1. For legal roundwood and sawn timber, two hammer marks must be affixed at both ends of the cross-section of the wood, and only once. The Forest Ranger hammer mark must overlap the paint-marked serial number of the roundwood or sawn timber and clearly indicate the hammer mark symbol and number.

2. In the case of sawn timber with a tree marking hammer and marked with a numbered or lettered hammer by the forest owner, the Forest Ranger hammer mark shall not be overlapped onto the tree marking hammer and numbered or lettered hammer marks.

3. If one end of a peeled log is damaged, the Forest Ranger hammer mark can be affixed over the paint-marked serial number of the log recorded at the damaged end of the log, while the Forest Ranger hammer mark is affixed to the cross-section at the other end.

4. For timber already bearing a Forest Ranger hammer mark but subsequently cut shorter, additional hammer marks must be affixed to the shortened timber. Before cutting, the forest owner or timber owner must mark the tree marking number on the shortened timber (with paint) and report to the local Forest Ranger authority for inspection, affixing the Forest Ranger hammer mark according to Clause 1 of this Article, and preparing a record confirming the timber history established by the timber owner (logging A, B).

5. For timber subject to the provisions of point b, Clause 2, Article 3 of this Regulation, the timber owner must establish a timber history, name the timber, and mark the tree number on the timber (with paint) according to the original timber history established abroad, report to the local Forest Ranger station to obtain the Forest Ranger hammer mark according to Clause 1 of this Article, and prepare a record confirming the timber history established by the timber owner.

6. For imported timber without an export country's hammer mark: The timber owner must present the timber history established by the exporting country and the completed customs procedures documentation, the local Forest Ranger authority will inspect, affix the Forest Ranger hammer mark according to Clause 1 of this Article, and prepare a record of affixing the Forest Ranger hammer mark.

7. In cases where legally imported timber exceeds the quantity stated on the import documents:

a. If the quantity of timber exceeds from 11% to 15% (for roundwood) and from 6% to 10% (for sawn timber), then the local Forest Ranger authority will cooperate with relevant authorities to resolve the issue of importation.

b. If the quantity of timber exceeds 15% (for roundwood) and more than 10% (for sawn timber), then the local Forest Ranger authority, together with relevant authorities, will prepare a report to the Provincial People's Committee for resolution.

8. Imported timber through informal channels has specific regulations.

Article 17. Recovery and replacement of the Forest Ranger hammer mark

1. Situations for recovery or replacement of the Forest Ranger hammer mark:

a) The Forest Ranger Station or Mobile Forest Ranger Team is dissolved.

b) The Forest Ranger hammer mark is damaged, the hammer mark symbol and number are worn, chipped, and cannot clearly print characters when affixed to timber.

c) When it is deemed necessary to replace the Forest Ranger hammer mark from one Forest Ranger Station to another.

2. The Forest Ranger hammer mark recovered under point b, Clause 1 of this Article must be submitted to the Forest Protection Department according to the Decision of the Director of the Forest Protection Department.

Article 18. Reporting System

1. Monthly, the Forest Ranger Station Chief and the Mobile Forest Ranger Team Leader must report to the Forest Protection Branch Chief about the results of managing and using the Forest Ranger hammer mark and the volume of timber that has been affixed with the Forest Ranger hammer mark.

2. Quarterly, the Forest Protection Branch Chief must report the results of managing and using the Forest Ranger hammer mark to the Forest Protection Department for consolidation and reporting to the Ministry of Agriculture and Rural Development.

Chapter IV: Awards and Disciplinary Measures

Article 19. Awards

Organizations and individuals who have achievements in implementing the Regulation on the management and use of forestry axes and forest rangers' axes or in detecting violators of this Regulation shall be awarded according to current regulations.

Article 20. Disciplinary Measures

Any person who violates the provisions of this Regulation shall be subject to administrative disciplinary measures or criminal responsibility, depending on the nature and extent of the violation./.