Chương II Thông tư 21/2021/TT-BNNPTNT phân loại doanh nghiệp chế biến và xuất khẩu gỗ : Đăng ký và phân loại doanh nghiệp

Chapter II

ENTERPRISE CLASSIFICATION APPLICATION AND PROCEDURES

Article 4. Application for enterprise classification

Enterprises shall submit applications for enterprise classification to receiving authorities adopting one of the following methods:

1. Online submission: Enterprises shall access and follow application instructions given on the enterprise classification system (on www.kiemlam.org.vn).

2. Direct submission:

a) The enterprise that does not apply the enterprise classification system shall submit an application for enterprise classification either in person or by public postal service or by post to the receiving authority.

Such an application includes: The application form for enterprise classification which is made using Form No. 01 in Appendix I enclosed herewith, Form No. 08 in Appendix I enclosed with the Decree No. 102/2020/ND-CP, and documents proving the enterprise’s satisfaction of enterprise classification criteria specified in Appendix II enclosed herewith.

b) The receiving authority shall input information about the received application to the enterprise classification system, notify the enterprise of application receipt using Form No. 02 in Appendix I enclosed herewith, and retain the application in accordance with regulations of law.

3. When the enterprise classification system is not available, the enterprise classification shall be directly carried out as follows:

a) Enterprises (also referred to as "applicants") shall submit applications directly to receiving authorities as prescribed in Point a Clause 2 of this Article;

b) Receiving authorities receive applications; notify applicants of such application receipt using Form 02 in Appendix I enclosed herewith; carry out enterprise classification according to the provisions of Article 13 of the Decree No. 102/2020/ND-CP and Article 5, Clause 1 Article 6 of this Circular; immediately send classification results by email to the Forest Protection Department, and retain received applications in accordance with regulations of law;

c) The Forest Protection Department shall publish the list of Category I enterprise according to the provisions of Clause 2 Article 6 of this Circular.

Article 5. Verification of information

1. Cases where information verification is required:

a) It is suspected that the documents provided by an enterprise are altered, erased or forged; contents provided are contradictory or inconsistent with each other;

b) It is notified as prescribed by law that the enterprise has provided untruthful information about one of the enterprise classification criteria.

2. Sources for information verification:

a) Regarding the compliance with regulations of law on enterprise establishment and the required operating period of at least 01 year from the date of establishment: information obtained from the National business registration portal (www.dangkykinhdoanh.gov.vn); information provided by relevant authorities, organizations and individuals;

b) Regarding the compliance with regulations of law on environment: information obtained from natural resources and environment authorities; environmental police authorities; information obtained by local forest protection authorities during their performance of local management tasks; information provided by relevant authorities, organizations and individuals;

c) Regarding the compliance with regulations of law on fire fighting and prevention: information obtained from fire fighting and prevention police authorities; information obtained by local forest protection authorities during their performance of local management tasks; information provided by relevant authorities, organizations and individuals;

d) Regarding the compliance with regulations of law on taxation and labour management: information obtained from tax authorities, labour, authorities in charge of war invalids and social affairs, social insurance authorities, Confederation of Labor; information obtained by local forest protection authorities during their performance of local management tasks; information provided by relevant authorities, organizations and individuals;

dd) Regarding the compliance with regulations of law on timber legality assurance; compliance with regulations on reporting as prescribed in Clause 4 Article 27 of the Decree No. 102/2020/ND-CP and retention of original documents as prescribed by law; commission of none of violations for which the violating entity is liable to penalties as prescribed in Clause 4 Article 13 of the Decree No. 102/2020/ND-CP: information obtained by local forest protection authorities during their performance of local management tasks; information obtained from the database on violations in forestry sector (hereinafter referred to as “violations database”); information provided by relevant organizations and individuals.

3. Verification procedures:

a) The receiving authority shall send a notification through the enterprise classification system of time and contents of verification to the subject enterprise. In case the enterprise classification system is not available, a notification made using Form No. 03 in Appendix I enclosed herewith shall be sent to the enterprise;

b) The receiving authority shall directly carry out or cooperate with relevant authorities (where necessary) to carry out information verification and make a verification record using Form No. 04 in Appendix I enclosed herewith;

c) In case the verification is carried out outside the province where the applicant for enterprise classification is situated: The receiving authority shall send the information to be verified to the receiving authority in charge of the locality where the verification is made to carry out the verification according to Points a, b of this Clause.  The receiving authority shall carry out information verification and inform verification result to the receiving authority in charge of province where the applicant for enterprise classification is situated.

Article 6. Publishing enterprise classification results

1. The receiving authority shall carry out enterprise classification and notify enterprise classification results on the enterprise classification system. In case the enterprise classification system is not available, a notice of enterprise classification results made using Form No. 05 in Appendix I enclosed herewith shall be sent to the enterprise.

2. Within 01 working day from the date on which an enterprise is classified as Category I enterprise as prescribed in Clause 1 of this Article, the Forest Protection Department shall publish enterprise classification results on www.kiemlam.org.vn.

Article 7. Change in Category and reclassification

1. Change in Category:

a) Cases where Category of an enterprise is changed: a Category I enterprise or its legal representative is facing criminal prosecution as prescribed in Article 232 of the 2015 Criminal Code (as amended in 2017) and does not yet have their criminal record expunged or has been issued with a decision on administrative penalty imposition issued by a competent authority as prescribed in Clause 4 Article 13 of the Decree No. 102/2020/ND-CP and has undergone the period after which they are regarded as having never been administratively handled;

b) The receiving authority shall verify the information specified in Clause 1 of this Article so as to remove that enterprise from the list of Category I enterprises published on the enterprise classification system. In case the enterprise classification system is not available, the receiving authority shall send a notice using Form No. 05 in Appendix I enclosed herewith to the enterprise and immediately send the result of change in Category by email to the Forest Protection Department.

Within 01 working day from the receipt of information about change in Category from the receiving authority through the enterprise classification system, the Forest Protection Department shall publish such change in Category of enterprise on www.kiemlam.org.vn.

2. Reclassification:

a) Enterprises shall apply for the second, third and subsequent classification according to the provisions of Article 4 of this Circular;

b) Receiving authorities shall carry out the second, third and subsequent classification in the same manner as the first classification. The Forest Protection Department shall publish enterprise reclassification results according to the provisions of Clause 2 Article 6 of this Circular.