Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular provides for:
1. Procedures for harvesting ordinary forest plants and ordinary forest animals.
2. Lawful forest product dossiers and inspection of tracing of forest products.
3. Marking of specimens of species on the list of endangered/rare forest plants and animals; species of wild plants and animals included in Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as “CITES”), except for aquatic species.
Article 2. Regulated entities
This Decree applies to organizations, individuals, business households, households and residential communities engaging in activities related to the contents prescribed in Article 1 hereof.
Article 3. Definitions
1. “local forest protection authorities” are forest protection authorities of districts or forest protection authorities of provinces in the areas where forest protection authorities of districts are not available.
2. “log” means natural timber and heart timber remaining its original shape after being extracted and being cut into pieces or not being cut into pieces and coming in one of the following sizes:
a) Timber has a small end diameter of from 10 to less than 20 cm and a length of at least 01 m;
b) Timber has a small end diameter of from at least 20 cm and a length of at least 30 cm;
c) Timber from planted forests, cajuput forests and mangrove forests has a small end diameter of least 06 cm and a length of at least 01 m.
3. “sawn timber” mean timber that have been cut into shapes of strips, boards, cubes, cones, cylindcrical prism, polygonal prism or other kinds of prisms.
4. “non-timber forest plants” include plants belong to the family/subfamily Calamoideae, Phyllostachys, Arecaceae, Myrtaceae, Melastomataceae; herbaceous plants; mushrooms, firetimber, parts and derivatives thereof.
5. “forest product owner” means an organization, individual, household business, household or residential community that has the legal ownership of a forest product as prescribed by law.
6. “Forest owner” means an organization, individual, household or residential community assigned or lent forests, lands to plant forests by the State; self-recovering and developing forests; transferring, donating, inheriting forests according to the law.
7. “harvesting of ordinary forest animals from nature” means the removal of ordinary forest animals and their eggs and larvae from their natural habitat.
8. “finished timber product” refers to a product processed from timber and fully assembled according to its use or its detached parts which can be used immediately according to their use after they are assembled.
9. “ordinary forest plants” are the species that are not included in the list of endangered/rare forest plants and animals and CITES Appendices.
Article 4. Quantity and weight of forest products
1. Methods of measuring and calculating the weight of a log:
a) Regarding length of the round timber, the shortest distance between the cross sections of both ends of the timber section is measured. In case of the concave or inclined cross-section, measurement is carried out at the position with the shortest length between both ends of the timber section. The unit is meter (m); the result is rounded to the nearest hundredth;
b) Regarding diameter of round timber, both ends of the timber section (except for the bark) are measured. At each end of the timber section, measure the largest and smallest diameters and then calculate the average value to determine the diameter of each end of the timber section; the average diameter of the timber section equals the average value of the diameters of the two ends of the timber section; the unit is centimeter (cm); the result is rounded to the nearest tenth;
c) The weight is determined by the volume of the timber:
V= π/4 x (Dtb)2 x l
Where:
V is the volume (m3); the result is rounded to the nearest thousandth;
π is pi (π = 3,14)
Dtb is the average diameter of the timber section (m)
l is the shortest length between the cross sections (m)
d) Deviation upon calculation of the timber volume of each measurement of each section of a log is 10% (±10%).
2. Methods of measuring and calculating the weight of a timber sawn up or hewn out into a strip, board or cube (horizontal and vertical cross sections of the timber are squares or rectangles):
a) Regarding length of the sawn/hewn timber, the shortest distance between the cross sections of both ends of each strip, board or cube is measured. The unit is meter (m); the result is rounded to the nearest hundredth;
b) Regarding width and thickness of the sawn/hewn timber, the distance between the two vertical opposite cross sections of each strip, board or cube is measured. In case the surface of the sawn/hewn timber is crossed or wavy, measurement is carried out at the positions with the largest and smallest size and the average value is calculated; the unit is centimeter (cm); the result is rounded to the nearest tenth;
c) The weight is determined by the volume of the timber:
V= l x a x b
Where:
V is the volume (m3); the result is rounded to the nearest thousandth;
l is the shortest length between the cross sections (m)
a is the width of the timber cube (m)
b is the thickness of the timber cube (m)
d) Deviation upon calculation of the timber volume of each measurement of each sawn/hewn timber strip, board or cube is 5% (±5%).
3. Methods of measuring and calculating the weight of a timber sawed/cut into a prism:
a) Regarding length of the timber, the shortest distance between the cross sections of both ends of the prism is measured. The unit is meter (m); the result is rounded to the nearest hundredth;
b) Cross sectional area is the arithmetic mean of the cross sections with the largest and smallest areas of the prism. The unit is square meter (m2); the result is rounded to the nearest hundredth;
c) The weight is determined by the volume of the timber:
V= l x S
Where:
V is the volume (m3); the result is rounded to the nearest thousandth;
l is the shortest length between the two cross sections (m)
S is the horizontal cross sectional area of the polygonal cylinder (m2)
d) Deviation upon calculation of the timber volume of each measurement of each polygonal cylinder is 5% (±5%).
4. Methods of measuring and calculating the weight of a timber tree with roots, trunks, branches and leaves:
a) Regarding the tree height, the total height from the base of the tree to the tip of the highest branch on the tree is measured. The unit is meter (m); the result is rounded to the nearest hundredtht;
b) Regarding diameter of the tree, perimeter is measured to determine diameter at the height of 1,3 m from the cross section of the root; the unit is centimeter (cm); the result is rounded to the nearest tenth;
c) The weight is determined by the volume of the timber tree:
C= (C21.3/4π) x Hvn x f
Where:
V is the weight of the timber tree which is calculated by the volume (m3); the result is rounded to the nearest thousandth;
C1.3 is the perimeter at the height of 1,3 m of the tree (m)
π is pi (π = 3,14)
Hvn is the total height from the base to the tip of the tree (m)
f = 0,5 for planted forests; f = 0,45 for natural forests.
d) Tolereance of timber volume is ±10%.
5. In case of hollow core or rot, the volume of them must be recorded in the Packing list of forest products.
6. Regarding timber which is not mentioned in Clause 2 and Clause 3 Article 3 hereof; timber trees of which diameter cannot be determined at the height of 1,3 m; stumps and roots with complex and irregular shapes; sliced timber, barked timber and timber chips, which cannot be measured, they shall be weighed in kilograms (kg) or in stere; the conversion from kg into m3 of log shall comply with the TCVN 12619-2:2019 on physical and mechanical properties of timber; in case timber is not prescribed in the TCVN 12619-2:2019, 1000 kg of round timber shall be converted into 01 m3 of round timber or one stere of round timber shall be converted into 0,7 m3 of round timber;
7. Regarding animals, the unit is the number of individual animals; regarding animal eggs, the unit is the number of eggs; in case the quantity cannot be determined, the unit will be kg.
8. Regarding non-timber forest plants and parts of forest animals, the unit is kg; regarding forest products belong to the family/subfamily Calamoideae, Phyllostachys, Arecaceae, Myrtaceae, Melastomataceae, expressed as number of trees or kg, the unit will be kg.
9. Regarding derivatives of animals and plants, the unit is kg, m3, liter or milliliter (ml).
Article 5. Packing list of forest products
1. Entities subject to making packing lists of forest products include:
a) A forest product owner or an organization/individual who is authorized by a forest product owner shall make a list after the harvesting.
b) A forest product owner shall make a list when purchasing or transferring, transporting, dispatching forest products at a time and on the same vehicle; when preparing the application for issuance of license to export forest products;
c) A competent person shall make a list when preparing documents about penalties for violations concerning forest products;
d) An agency assigned to manage property after confiscating the property shall make a list when auctioning.
2. Making of packing lists of forest products:
a) The organization/individual prescribed in Clause 1 of this Article shall make a packing list of forest products using Form No. 01, Form No. 02, Form No. 03, Form No. 04, Form No. 05 in the Appendix enclosed herewith:
Specifying sections of logs, round timber which have the sizes prescribed in Point a and Point b Clause 2 Article 3 of this Circular; sawn timber which has the length of 1m or more, the width of 20 cm or more, the thickness of 5 cm or more; timber sawed/cut into other prisms.
Specifying total quantity and volume or weight of logs which fail to reach the sizes prescribed in Point a, Point b Clause 2 Article 3 hereof; sawn timber which has the length of less than 1m, the width of less than 20 cm, the thickness of less than 5 cm; timber from planted forests.
Specifying the total or specific quantity and volume of each species of non-timber forest products.
Specifying total volume or weight of forest products at the bottom of each page of the packing list of forest products;
b) The organization/individual making the list of forest products shall be responsible before law for declared contents and lawful origins of forest products specified in the packing list of forest products.
3. Forest products for which the packing list certification is required include:
a) Timber of ordinary species after salvage logging and full utilization from natural forests;
b) Forest products after confiscation;
c) Timber and non-timber plants which have natural origins, are imported or planted and are not included in the list of endangered/rare forest plants and animals and CITES Appendices;
d) Forest animals and parts, derivatives, products thereof which have natural origins, are imported or raised; endangered wild animals listed in the CITES Appendices, except for aquatic species;
dd) Forest products which are not mentioned in Points a, b, c and d of this Clause or timber of industrial crops or finished timber products at the request of the forest product owner.
4. For finished timber products or forest products of group-I enterprises, according to regulations in Circular No. 21/2021/TT-BNNPTNT dated December 29, 2021 of the Minister of Agriculture and Rural Development on classification of timber processing and exporting enterprises, the packing list certification is not required when trading, transferring or transporting them.
5. For finished products which are produced or processed from crocodilia, a species named in group-IIB of the list of endangered/rare forest plants and animals or a species listed in Appendices II and III of CITES which have been marked as specimens with the quantity of under 05 products, a packing list is not required when trading or transferring them.
6. Agencies competent to certify packing lists: local forest protection authorities.
7. A dossier shall include:
a) The original application for packing list certification made using Form No. 06 in Appendix enclosed herewith;
b) The original packing list which is made according to the regulations in Clause 2 of this Article;
c) A copy of the harvesting plan in accordance with the regulations in Article 6 and Article 7 of this Article in case of request for certification after harvesting;
d) A copy of the dossier on imported forest products prescribed in Article 16 of this Circular in case the forest product owner imports these products for selling or transferring them;
dd) A copy of the dossier on confiscated forest products prescribed in Article 17 of this Circular in case the forest product owner directly purchases these products from the agency which is assigned to confiscate such products, then sell or transfer them;
e) A copy of the packing list of forest products previously traded or transferred;
g) A copy of the forest product origin dossier in case a certification is required by an organization or individual prescribed in Points dd Clause 3 of this Article;
h) The original inventory log book of forest products in case the forest product owner that is a business operator that sells forest products using Form No. 07 in the Appendix enclosed herewith.
8. Procedures:
a) The forest product owner or the organization/individual who is authorized by the forest product owner shall submit in person or via postal service or by an electronic mean 01 dossier corresponding to each type of forest products for which a certification is required as prescribed in Clause 7 of this Article to the local forest protection authority. If the forest product owner generates a QR code linked to the forest product dossier in the packing list, the documents prescribed in Points c, d, dd, e and g Clause 7 of this Article are not required. In case the dossier is submitted via an electronic mean, it shall comply with the regulations in Decree No. 45/2020/ND-CP dated August 08, 2020 of the Government of Vietnam on administrative procedures by electronic means (hereinafter referred to as "Decree No. 45/2020/ND-CP”).
b) Time limit for informing the applicant of the validity of the dossier:
In case the dossier is submitted in person, the local forest protection authority shall check documents of the dossier and immediately inform the forest product owner or the organization/individual authorized by the forest product owner of the validity of the dossier.
In case the dossier is submitted via postal service or an electronic mean, within 01 working day from the day on which the dossier is received, the local forest protection authority shall consider the validity of the documents of the dossier; if the dossier is not valid as prescribed, a written notification specifying reasons for the invalidity shall be sent;
c) Within 02 working days from the day on which the valid dossier is received, the local forest protection authority shall certify the packing list; certify the quantity of forest products in stock in the inventory log book in the cases prescribed in Point h Clause 7 of this Article. If a certification of the forest product origin is required, within 01 working day from the day on which the valid dossier is received, the local forest protection authority shall send a notification of the certification to the forest product owner; within 03 working days from the day on which the notification is received, the local forest protection authority shall verify and prepare a verification record using Form No. 08 in the Appendix enclosed herewith and complete the certification of the packing list; certification of the quantity of forest products in stock in the inventory log book; if there are many complicated contents, the certification and verification shall be carried out within 07 days. In case of rejection, the local forest protection authority shall send the applicant a written reply which specifies reasons for rejection;
d) After certification of the packing list, the local forest protection authority shall return the original packing list and inventory log book of forest products which have been certified to the forest product owner or the organization/individual who is authorized by the forest product owner.
9. The local forest protection authority shall be responsible before the law when certifying the packing list; prepare and update the certification on the packing list certification log book using Form No. 09 in the Appendix enclosed herewith; save the certified true copy of the packing list and forest product dossier as prescribed in Clause 7 of this Article.
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Thông tư 26/2022/TT-BNNPTNT quản lý truy xuất nguồn gốc lâm sản (Bản Pdf)
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