Circular No. 8-LN/KL guiding the inspection of logging and transportation of forest products

 CIRCULAR

DECISION NO. 8-LN/KL OF APRIL 25, 1992 OF THE MINISTRY OF FORESTRY GUIDING THE INSPECTION OF TIMBER HARVESTING AND TRANSPORTATION

WATERFALLS AND FOREST PRODUCT TRANSPORTATION

To implement the Forest Protection and Development Law, Decree No. 18-HĐBT dated January 17, 1992 of the Council of Ministers on the list of forest plants and rare and precious wild animals and management and protection regulations, and Directive No. 90-CT dated March 19, 1992 of the Chairman of the Council of Ministers on urgent measures to stop deforestation; to strictly manage timber harvesting, the Ministry of Forestry guides the inspection of timber harvesting and transportation as follows:

I. INSPECTION OF TIMBER HARVESTING

Timber products referred to in this Circular include: wood, bamboo, rattan, lo-o, forest specialties, wild animals, and other forest products (common types and rare and precious types).

Rare and precious timber products are those listed in Group II, including Subgroups IIA and IIB, as specified in Decree No. 18-HĐBT dated January 17, 1992.

1. Responsibilities of the forest owner (forest enterprises and organizations and individuals assigned land and forests) or organizations harvesting timber must present the following documents at the local forest inspection station:

The approved logging design for wood, bamboo, rattan, and lo-o, the decision to open the forest issued by the Ministry of Forestry, or the logging permit issued by the Forestry Department or the Agriculture and Forestry Department to harvest other forest products and forest specialties.

The number of marked trees.

The location where harvested timber products will be concentrated.

The time proposed for the inspection of harvested timber products.

2. Responsibilities of the local forest inspection station:

a) Notify the schedule for inspecting timber products to the forest owner or harvesting organization.

b) Inspect harvested timber products:

Check whether the harvesting of timber products complies with the approved logging design and the decision to open the forest issued by the Ministry of Forestry (for wood, bamboo, rattan, and lo-o) or the logging permit issued by the Forestry Department or the Agriculture and Forestry Department (for other forest products).

Mark the stump of the felled tree with the hammer stamp.

Jointly with the forest owner or harvesting organization, measure and record the timber products, establish a logbook for each type of wood. For rare and precious wood, a separate logbook must be established for each type of tree.

c) Stamp the forestry inspection hammer: stamp the forestry inspection hammer on the harvested wood according to the Management and Use Regulations for the Forestry Inspection Hammer issued together with Decision No. 302-LN-KL dated August 12, 1991 of the Ministry of Forestry.

Stamp the forestry inspection hammer only on harvested wood that has been stamped with the hammer stamp. For harvested wood without the hammer stamp, it can only be stamped after a decision on handling has been made.

d) Prepare an inspection report for harvested wood. For other forest products (which are not stamped with the forestry inspection hammer), a separate report must be prepared. The inspection report must be signed by the forestry inspection authority, the forest owner, and the harvesting organization.

3. For scattered planted wood in the community, when harvesting, it must also be reported to the local forest inspection station for verification and confirmation in writing.

II. INSPECTION OF TIMBER TRANSPORTATION

Timber transported shall be considered lawful if it meets the following conditions:

1. Timber (common types) including timber confiscated by forestry inspections:

a) For wood, it must have the forestry inspection hammer stamp and the logbook established by the local forestry inspection station.

b) For other forest products (which are not stamped with the forestry inspection hammer), it must have an inspection confirmation report from the local forestry inspection station.

A sales invoice or internal warehouse transfer document.

A resource tax receipt (for natural forests) or a forest maintenance fee receipt (for planted forests).

For the transportation of planted wood in central northern provinces (Vinh Phuc, Tuyen Quang, Ha Giang, Yen Bai, Lao Cai, Bac Thai), an additional transportation permit from the provincial forestry inspection agency is required.

2. For rare and precious timber (including timber confiscated by forestry inspections). Procedures as stipulated in point 1 of Part II apply. Additionally, a special transportation permit from the Ministry of Forestry (issued by the Forestry Inspection Bureau) is required.

3. For Cambodian and Laotian timber (transit and import):.

a) Permit from the foreign trade ministry of the neighboring country and the Ministry of Industry and Trade of Vietnam.

b) Transportation permit from the forestry department of the neighboring country.

c) The hammer stamp of the neighboring country.

d) Logbook established by the neighboring country, confirmed by customs clearance procedures of both countries.

4. For timber products that have been processed by forestry inspections, when transporting, the procedures as specified in points 1 or 2 of Part II above must be followed, and the handling decision and fine receipt (if applicable) must be attached.

Organizations and individuals transporting timber must carry all the required documents (originals). Photocopies are not valid for transporting timber.

III. VIOLATION HANDLING

1. During the implementation of the inspection functions for timber harvesting and transportation, especially for rare and precious timber, under the condition of transitioning to commercial forest management through standing tree sales, forestry inspection agencies must strengthen inspections and handle violations immediately at their source.

When discovering organizations or individuals violating regulations on timber harvesting and transportation, the forestry inspection agency must prepare a report, suspend harvesting, and handle the violation according to current regulations. For illegally harvested and transported rare and precious timber, confiscation and reporting to the Ministry of Forestry are required, and in serious cases, criminal responsibility may be pursued.

In the process of penalizing violations of the Forest Protection and Development Law, the forestry inspection agency uses revenue receipts (issued by the Ministry of Finance) to collect fines, compensation payments, and proceeds from the sale of confiscated timber. After deducting expenses according to current regulations, all funds collected must be deposited into the State Treasury. If confiscated timber has not yet paid resource taxes or forest maintenance fees, these taxes or fees must be deducted when selling the confiscated timber.

2. During the implementation of tasks, forestry inspectors who make mistakes or fail to act will be handled according to current regulations.

This Circular takes effect from the date of issuance.

Previous provisions contrary to this Circular are no longer effective.

The Forestry Inspection Bureau is tasked with guiding and supervising the implementation of this Circular. Any issues encountered during implementation should be reported to the Ministry for resolution.