Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree provides for Vietnam Timber Legality Assurance System (VNTLAS) for export and import; criteria, authority, procedures for classifying timer producers and exporters; issuance of FLEGT licenses.
2. Regulations of law on management, tracing of origins of forestry products and relevant legislative documents shall apply to VNTLAS for harvest, transport, trade and processing of timber.
Article 2. Regulated entities
This Decree applies to domestic organizations, household businesses, households, communities, individuals; foreign organizations and individuals involved in the activities mentioned in Article 1 of this Decree.
Article 3. Definitions
For the purpose of the Decree, the terms below are construed as follows:
1. “legal timber” means timber or timber products (hereinafter referred to as “timber”) that are harvested, imported, confiscated, transported, traded, processed, exported in accordance with Vietnam’s law, relevant regulations of international treaties to which Vietnam is a signatory and relevant laws of the country in which the timber is harvested.
2. “FLEGT license” means a document issued by a CITES authority of Vietnam for export, temporary import and re-export of timber shipments (except confiscated shipment) to Europe Union (EU) in accordance with this Decree, the VPA/FLEGT and relevant legislative documents.
3. “owner” means an organization, household business, household, community or individual who has the legal ownership to the timber as prescribed by law.
4. An “organization” can be an enterprise, cooperative, cooperative union, management board or a protection forest or specialized forest, or any other organization established in accordance with regulations of law.
5. “verification” means inspection of the legitimacy, legality and consistency of the documents and the actual import/export shipment of timber.
6. “local forest protection body” can be a district-level forest protection body or provincial forest protection body where district-level forest protection bodies are not available.
7. A “shipment” means a single export/import/temporary import/re-export shipment of a specific amount of timber according to the export/import/temporary import/re-export documents.
8. “enterprise classification system” means a system for receiving, processing, storing and publishing information about enterprise classification.
9. “relevant laws of the country of harvest“ means applicable regulations of law of that country on harvest, management of forests, timber taxes, trade and customs.
10. “timber declaration” means information about the timber shipment provided by the owner upon import/export of timber. The owner shall be legally responsible for the declared information and legal timber origins in the packing list.
11. A “low risk country” means a country that satisfies one of the criteria specified in Clause 1 Article 5 of this Decree.
12. “high risk timber” means timber that satisfies one of the criteria specified in Clause 1 Article 6 of this Decree.
13. “due diligence” of the importer means the responsibility of the importer to provide information about legality of the imported timber, implement measures for assessing and minimizing risks required by the country of harvest and this Decree; and take responsibility for the information they provided.
Tìm kiếm
Nghị định 102/2020/NĐ-CP quy định về Hệ thống bảo đảm gỗ hợp pháp Việt Nam (Bản Word)
Nghị định 102/2020/NĐ-CP quy định về Hệ thống bảo đảm gỗ hợp pháp Việt Nam (Bản Pdf)