THE MINISTRY OF
AGRICULTURE AND RURAL DEVELOPMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
40/2015/TT-BNNPTNT
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Hanoi,
October 21, 2015
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CIRCULAR
AMENDING AND
SUPPLEMENTING SEVERAL ARTICLES OF THE CIRCULAR NO. 01/2012/TT-BNNPTNT OF THE
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT DATED JANUARY 4, 2012 ON
STIPULATING DOSSIERS OF LAWFUL FOREST PRODUCTS AND INSPECTION OF THE ORIGIN OF FOREST PRODUCTS
Pursuant to the 2014 Law on Forest Protection and Development;
Pursuant to the Government’s Decree No.
199/2013/ND-CP dated November 26, 2013 on defining functions, duties, powers
and organizational structure of the Ministry of Agriculture and Rural Development;
After considering the request of the Director of
the General Department of Forestry;
The Minister of Agriculture and Rural
Development hereby enforces the Circular on amending and supplementing several
articles of the Circular No. 01/2012/TT-BNNPTNT of The Ministry Of Agriculture
and Rural Development dated January 4, 2012 on stipulating dossiers of lawful
forest products and inspection of the origin of forest products.
Article 1. Amending and supplementing several
articles of the Circular No. 01/2012/TT-BNNPTNT
1. Clause 7 Article 3 shall be amended and
supplemented as follows:
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Transportation of forest products from other places
to product processing and warehousing facilities, and transportation of forest
products from product processing and warehousing facilities to the delivery
point between buyers and sellers as agreed upon in economic contracts for such
shipments, shall be considered the internal transportation:.
2. Clause 1 Article 4 shall be amended and
supplemented as follows:
“1. Volume of round timber, sawn timber and square
timber shall be determined under the Ministry of Agriculture and Rural
Development's regulations.
For stumps and roots, timber with complex shape,
ornamental trees, trees for shadow or secular trees, including their roots,
trunks, branches and leaves, which cannot be measured for determining their
volumes, or timber harvested from forests which have not been planted in an
consolidated manner and have not been classified by diameter ranges, they shall
be weighed in kilogram (kg) and converted at the ratio of 1,000 kg equivalent
to 1 m3 of round timber or measured in stere and converted at the ratio of one
stere equivalent to 0.7 m3 of round timber.”.
3. Point c Clause 3 Article 5 shall be amended and
supplemented as follows:
“c) He/she writes the total quantity, volume or
weight of round timber, cut timber and sawn timber harvested from domestic
natural forests with sizes smaller than those specified at Point b Clause 3
Article 5 hereof or timber harvested from forests which have been planted in a
consolidated manner and have not been classified by diameter ranges.
With respect to the making of the general packing
list of forest products as stated above, when use forest products as materials
for the manufacture of different products, forest product owners must compile
the list of forest products used for manufacture of each type of product and
clearly state the origin specified in such list".
4. Point a and Point c Clause 1 Article 7 shall be
amended and supplemented as follows:
“a) District-level forest ranger offices or
provincial-level forest protection sub-departments in localities having no
district-level forest ranger offices may certify the following forest products:
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Forest products of import origin and not yet
processed in the country owned by exporting organizations or individuals;
Forest animals raised in the country and their
parts or derivatives owned by exporting organizations, communities, households or
individuals;
Confiscated unprocessed forest products owned by
exporting organizations, communities, households or individuals;
Processed forest products manufactured from timber
in domestic natural forests, imported timber and confiscated timber owned by
exporting organizations, communities, households or individuals;
Forest products transported internally among places
not in the same province or centrally run city”.
“c) Local forest protection agencies shall assist
the Chairperson of the People's Committees of communes, wards or township
(hereinafter referred to as communal People's Committee) in certifying
unprocessed forest products manufactured from domestic natural forests owned by
exporting communities, family households and individuals”.
5. Point b Clause 1 Article 9 shall be amended and
supplemented as follows:
“b) For timber eligible for forest ranger’s
hammer-marking under the Ministry of Agriculture and Rural Development's
regulations, such a dossier comprises a written certification of timber bearing
forest ranger hammer marks enclosed with a packing list of forest products.”
6. Article 13 shall be amended and supplemented as
follows:
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1. A dossier of forest products exploited from
consolidated planted forests, home gardens, farms or scattered trees owned by
exporting organizations, including invoices stipulated by the Ministry of
Finance at the time of forest product exportation and a packing list of forest
products.
2. A forest product dossier of an exporting
community, household or individual: a packing list of forest products.”
7. Article 14 shall be amended and supplemented as
follows:
“Article 14. Imported forest products which are
not processed in the country
1. A dossier of a directly imported forest product
shipment shall be governed under the provisions of Article 10 hereof.
2. A dossier of a forest product with the temporary
import and re-export origin
a) A dossier of a forest product which has the
import origin kept by exporting organizations including invoices stipulated by
the Ministry of Finance at the time of forest product export and the packing
list of forest products certified by forestry protection agency in their home
countries.
b) A dossier of a forest product with the import
origin kept by exporting organizations: a packing list of forest products
certified by the forestry protection agency in their home countries”.
8. Point a Clause 2 Article 18 shall be amended and
supplemented as follows:
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9. Clause 3 Article 22 shall be amended and
supplemented as follows:
“3. All forest product inspections shall be
conducted according to the legal processes and procedures; must be documented
by using the form No. 03 or 04 (applicable to inspection of forest product
exploitation) annexed to this Circular".
10. The phrase “invoices stipulated by the Ministry
of Finance” shall be replaced by the phrase “invoices stipulated by the
Ministry of Finance at the time of forest product exportation” at the Point b
Clause 2 Article 7, Article 12, Article 15, Article 16 and Article 17.
11. The phrase “internal product dispatch note”
shall be replaced by the phrase “product dispatch and internal transportation
note" at Clause 1 and Point b Clause 2 Article 18.
12. Article 31 shall be supplemented with Clause 3
as follows:
“3. As for rubber timber and products manufactured
from rubber timber, if it is necessary to present a dossier that helps accredit
legal origin, product consigners shall make a list of forest products in
accordance with regulations laid down in this Circular."
Article 2. Enforcement provisions
1. This Circular shall enter into force from
December 2, 2015.
2. This Circular shall replace the Circular No.
42/2012/TT-BNNPTNT dated August 21, 2012 on amending and supplementing several
articles of the Circular No. 01/2012/TT-BNNPTNT of the Ministry of Agriculture
and Rural Development dated January 4, 2012 on stipulating dossiers of lawful
forest products and inspection of the origin of forest products.
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PP. THE
MINISTER
THE DEPUTY MINISTER
Ha Cong Tuan