Chương V Nghị định 102/2020/NĐ-CP quy định về Hệ thống bảo đảm gỗ hợp pháp Việt Nam: Tổ chức thực hiện

Chapter V

ORGANIZING THE IMPLEMENTATION

Article 25. Responsibilities of the Minister of Agriculture and Rural Development

1. Take charge and cooperate with relevant ministries and central authorities in providing guidance and organizing the implementation of this Decree within their jurisdiction.

2. Cooperate with relevant ministries, central authorities and the People’s Committees of provinces in inspecting and supervising the implementation of this Decree.

3. Preside over the development of the database of enterprise classification and forestry-related violations; operation of the FLEGT licensing system and FLEGT licensing data; provide guidance on management and use of this database.

4. Reach a consensus with the Joint Implementation Committee (JIC) on evaluation methodology and evaluation of necessary preparations for the FLEGT licensing in accordance with VPA/FLEGT; propose the effective date of the Decree on management of timber of export specified in Section 2 Chapter II and FLEGT licensing specified in Section 1 Chapter IV of this Decree to the Prime Minister.

Article 26. Responsibilities of the People’s Committees of provinces

1. Organize promotion of the VNTLAS in accordance with this Decree.

2. Provide guidance and supervise local authorities implementing this Decree.

3. Request relevant authorities to cooperate with forest protection authorities in classifying enterprises in accordance with this Decree.

Article 27. Responsibilities of forest protection authorities, FLEGT licensing authorities, customs authorities, relevant organizations and individuals

1. Forest protection authorities:

a) Provincial forest protection authorities (or Departments of Agriculture and Rural development of provinces in which provincial forest protection authorities are not available) shall preside over the certification of timber for export; organize the enterprise classification; inspect and supervise compliance to the law of organizations and individuals within their jurisdiction; manage and trace origins of timber; retain documents in accordance with this Decree and relevant laws; retain, backup and protect data about transactions on the enterprise classification system;

b) Forest Protection Department shall develop, manage and operate the enterprise classification system; implement necessary measures to protect information and data therein; ensure accurate, timely and effective sharing of information for relevant organizations and individuals; inspect and supervise the process of enterprise classification, compliance to regulations of law on timber production and processing nationwide; announce enterprise classification results; advise the Ministry of Agriculture and Rural Development disclosing information in accordance with this Decree.

2. Licensing authorities shall:

a) Manage the issuance, renewal, revocation, reissuance and replacement of FLEGT licenses in accordance with this Decree;

b) Manage the database of applications for FLEGT licensing, including granted and rejected applications;

c) Provide information to clarify FLEGT licensing issues at the request of competent authorities of importing countries in case of suspicious authenticity and legitimacy of the license.

3. Customs authorities shall:

a) Cooperate with forest protection authorities and relevant authorities in verifying legality of import and export shipments of timber;

b) Inspect and certify packing lists of imported timber.

4. Other organizations and individuals shall:

a) Take legal responsibility for the accuracy and legality of timber in harvesting, import, transport, trade, processing and export; comply with timber legality requirements prescribed in this Decree and relevant laws;

b) Retain timber dossiers for 05 years from the day on which timber is sold;

c) Timber importers and exporters shall submit reports every 03 months on last day of each quarter to the domestic forest protection authority according to Form No. 14 in Appendix I hereof. Provide information about import and export of timber at the request of competent authorities;

d) Declare, explain, provide information about origins of imported and exported timber in accordance with this Decree and facilitate inspection and supervision by competent authorities.