Chương V Thông tư 26/2022/TT-BNNPTNT quản lý truy xuất nguồn gốc lâm sản: Kiểm tra, truy xuất nguồn gốc lâm sản

Chapter V

INSPECTION AND TRACING OF FOREST PRODUCTS

Article 25: Entities subject to and methods of inspection

1. Entities subject to inspection: organizations, individuals, household businesses, residential community engaging in harvesting, transport, processing, manufacturing, trading, transfer, import, export and storage of forest products, raising of forest animals and plants, and marking of specimens.

2. Inspection methods:

a) Scheduled inspection;

b) Ad hoc inspection.

Article 26. Inspection contents

1. For harvesting of forest products: inspection of the compliance with law on harvesting of forest products according to the Rules for forest management and the regulations in Chapter II hereof and physical inspection of forest products at places where the forest products are harvested.

2. For import and export of forest products: inspection of forest product dossiers as prescribed in Article 16 and Article 19 of this Circular and physical inspection at border checkpoints.

3. In case of transport of forest products: inspection of the compliance with regulations on forest product dossiers during transport as prescribed in Article 18 hereof and inspection of forest products contained on vehicles.

4. For facilities for processing, trading and storing timber and forest products: inspection of the compliance with regulations on forest product dossiers as prescribed in Article 20 hereof and inspection of available forest products at these facilities.

5. For facilities for raising forest animals and animals listed in the Appendices CITES; facilities for raising of endangered/rare forest plants or plants listed in the Appendices CITES: inspection of the compliance with regulations on forest product dossiers as prescribed in Article 21 hereof and inspection of animals and plants that are raised at these facilities.

6. For places where forest products are stored: inspection of forest product dossiers as prescribed in this Circular and inspection of available forest products.

Article 27. Inspection rules

1. The inspection of forest protection authorities shall be carried out by Inspection teams or inspectorates (hereinafter referred to as “inspectorates") when decisions on the inspection are issued by competent persons prescribed in Article 30 hereof, except for ad hoc inspection as prescribed in Clause 1 Article 29 hereof.

2. The inspection by forest protection authorities must be carried out promptly, objectively, accurately within their jurisdiction and in conformity with regulations of law.

3. The inspection must be carried out under the correct procedure prescribed in Article 31 hereof and inspection minutes must be made using Form No. 16 and Form No. 17 in the Appendix enclosed herewith.

Article 28. Scheduled inspection

1. Annual inspection plan:

a) Before November 30, the head of the forest protection authority prescribed in Article 30 hereof shall prepare an inspection plan for the next year and submit it to the supervisory authority for approval;

b) In case an unplanned inspection is demanded by a superior authority or needed otherwise, the inspection plan shall be adjusted and submitted to the competent authority for approval;

c) On the basis of the approved inspection plan, the forest protection authority shall send a notification to relevant agencies, organizations and individuals before December 31 of every year or after the adjusted inspection plan is approved.

2. Thematic inspection plan: On the basis of the management of forest products that needs inspecting, the head of the forest protection authority shall proactively prepare a thematic inspection plan.

Article 29. Ad hoc inspection

1. Bases for ad hoc inspection:

a) Information from mass media;

b) Information from complaints, denunciations or reports made by an organization or individual;

c) Information from the application form for actions against violations submitted by an organization or individual;

d) Information given by local rangers or rangers assigned to detect violations or cases of violations to be caught red-handed by them;

dd) Instructional documents promulgated by the head of a competent regulatory authority;

e) Suspicion of violations against the law.

2. Any ranger that collects and receives information or suspicions about violations against the law shall immediately notify the head of a forest protection authority thereof.

3. According to the information specified in Clause 1 of this Article, the head of the forest protection authority shall process such information, direct inspection and take responsibility for his/her decision; direct the preparation of information logbooks and organize the management thereof in accordance with regulations on management of confidential documents.

Article 30. Authorization for issuance of decisions on inspection of forest protection authorities

1. Director of Forest Protection Department; Directors of Sub-departments of Forest Protection of regions and provinces; special forest protection team leaders; special mobile forest protection and forest fire warden team leaders; chiefs of forest protection divisions of districts shall issue inspection decisions according to their assigned functions and tasks.

2. Competent persons prescribed in Clause 1 of this Article may authorize their deputies for promulgation of decisions on inspection as prescribed by law.

Article 31. Inspection procedures

1. Issue and disclose an inspection decision to the inspected entities or their representatives; notify participants of the inspectorate and witnesses (if any).

2. Request the inspected entities or their representatives to abide by the inspection decision issued by the competent person and work with the inspectorate. If the inspected entities or representatives thereof are not present at the place where the inspection is carried out, the inspectorate shall invite a representative of the People’s Committee of the commune or a representative of police authority where the inspection carried out or a witness to announce the decision on inspection and carry out inspection as prescribed.

3. The inspection must be carried out according to the disclosed inspection decision. Any issues that arise during the implementation and are beyond the power of the inspectorate should be promptly reported to the issuer of the decision for handling.

4. In case of inspection of transport of forest products: the inspectorate is only allowed to stop a moving vehicle if there is one of the bases specified in Clause 1 Article 29 of this Circular. One or a combination of forest ranger whistle, flag and torch may be used to issue an order to stop a vehicle.

5. Regarding the inspection of forest products that are imported, exported or transited at the border checkpoint, the forest protection authority shall cooperate with the border checkpoint customs authority in inspecting forest products as prescribed in this Circular.

6. The inspected entities must comply with requirements for inspection of the inspectorate; present their forest product dossiers immediately as prescribed in this Circular and other relevant documents as prescribed by law.