THE MINISTRY
OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
42/2012/TT-BNNPTNT
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Hanoi,
August 21, 2012
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CIRCULAR
AMENDING AND
SUPPLEMENTING A NUMBER OF ARTICLES OF THE CIRCULAR NO.01/2012/TT-BNNPTNT, OF
JANUARY 04, 2012, OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
STIPULATING DOSSIERS OF LAWFUL FOREST PRODUCTS AND INSPECTION OF THE ORIGIN OF FOREST PRODUCTS
Pursuant to the December 03,
2004 Law on Forest Protection and Development;
Pursuant to the Government's
Decree No. 23/2006/ND-CP of March 3, 2006, on implementation of the Law on
Forest Protection and Development;
Pursuant to the Government's
Decree No. 01/2008/ND-CP of January 03, 2008, and the Government's Decree No.
75/2009/ND-CP of September 10, 2009, on amending Article 3 of the Government's
Decree No. 01/2008/ND-CP, of January 03, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Agriculture and Rural
Development;
At the proposal of Director of
Forestry General Department;
The Minister of Agriculture and
Rural Development promulgates Circular amending and supplementing a number of
articles of the Circular No.01/2012/TT-BNNPTNT, of January 04, 2012 stipulating
dossiers of lawful forest products and inspection of the origin of forest
products.
Article 1. To amend and supplement a number of articles of the Circular
No.01/2012/TT-BNNPTNT
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“7. Internal transportation means
the transportation of forest products between dependent cost-accounting units
such as: forest farms, forestry companies, processing plants, branches or
stores of an independent cost-accounting enterprise with the legal person
status; or the transportation of forest products from an independent
cost-accounting enterprise with the legal person status to its dependent
cost-accounting units and vice versa.
For the transportation of forest
products from exploitation places to warehouses or processing places; or
transportation of forest products from warehouses or processing places to
delivery place between the buyer and the seller under economical contract of
that batch is also considered internal transportation”.
2. Clause 1, Article 4
is amended and supplemented as follows:
"1. Volume of round timber,
sawn timber and square timber shall be determined under regulation on
management and tree hammer marking, ranger hammer marking of the Ministry of
Agriculture and Rural Development.
For stumps, roots, timber with
complex shape, ornamental trees, trees for shadow or century-old trees,
including their roots, trunks, branches and leaves, of which cannot be measured
diameter, length for determining their volumes, and timber from
concentrated-planting forest 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 steradian and converted at the ratio of one steradian equivalent to
0.7 m3 of round limber without classification under level of diameter”.
3. Point c, Clause 3,
Article 5 is amended and supplemented as follows:
“c) To write the total quantity,
volume or weight of round timber, cut timber and sawn timber from natural
forest in the country with sizes smaller than those
specified at Point b, clause 3, Article 5 of the Circular No.01/2012/TT-BNNPTNT
or timber exploited from concentrated-planting forest without classification
under level of diameter.
in case of making the above total
packing list of forest products, when put forest products into processing to
manufacture various products, forest product owner must make the packing list
of forest products used for each type of forest product and clearly write the
origin referenced from that original total packing list of forest products”.
4. Clause 1, Article 7
is amended and supplemented as follows:
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b) Point c, Clause 1, Article 7 is
amended and supplemented as follows:
“c) Local rangers shall advise
People's Committees of communes, wards or townships (below collectively
referred to as commune-level People's Committees) may certify the unprocessed
forest products exploited from natural forests in the country by community,
household or individual delivering”.
5. Point b, clause 1,
Article 9 denies the phrase: "For timber ineligible for ranger
hammer-marking according to regulation of the Ministry of Agriculture and Rural
Development: a packing list of forest products with the certification of a
competent agency specified in Clause 1, Article 7 of this Circular”.
6. Article 13 is amended
and supplemented as follows:
“Article 13. Unprocessed forest
products exploited from consolidated-planting forests, home gardens,
farms or scattered trees
1. A dossier of forest products
exploited from consolidated-planting forests, home gardens, farms or scattered
trees of an organization delivering comprises: An added-value invoice or an export invoice as prescribed by the Ministry
of Finance and a packing list of forest products.
2. A forest product dossier of a
community, household or individual delivering comprises: a packing list
of forest products”.
7. Article 14 is amended
and supplemented as follows:
“Article 14. Imported forest
products which are not processed in the country
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2. A dossier of forest products
with origin from import when delivering:
a) A dossier of forest products
with origin from import of organization delivering comprises: An added-value
invoice or an export invoice as prescribed by the Ministry of Finance and a
packing list of forest products with certification of a local ranger agency.
b) A dossier of forest products
with origin from import of individual delivering comprises: A packing list of
forest products with certification of a local ranger agency”.
8. To amend and
supplement Point a, Clause 2, Article 18 as follows:
a) A dossier of transportation of
timber from natural forest in the country, import timber, confiscated and
unprocessed timber; forest animals or their parts or derivatives comprises:
an internal-transport and ex-warehousing bill
enclosed with a packing list of forest products with the certification of a
local ranger agency”.
Article 2. To replace phrases specified in the Circular No. 01/2012/TT-BNNPTNT
a) To replace the phrase: “sale
invoice” with the phrase: “added-value invoice or export invoice”.
b) To replace the phrase:
“internal ex-warehousing bill ” with the phrase: “an internal-transpor and
ex-warehousing bill”.
Article 3. Implementation
provisions
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2. During the course of
implementation, any problem should be reported by
organizations, individuals to the Ministry of Agriculture and Rural Development
for settlement.
THE MINISTER
OF
AGRICULTURE AND RURAL DEVELOPMENT
Cao Duc Phat