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; wild species of forest plants and animals included in Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; finished wood products (hereinafter referred to as “specimens”).
Article 2. Regulated entities
This Circular applies to domestic and international organizations and domestic business households (hereinafter referred to as “organizations”); households, residential communities, domestic and foreign individuals (hereinafter referred to as “individuals”) engaging in activities related to the contents specified in Article 1 of this Circular.
Article 3. Definitions
1. “local forest protection authorities” include Forestry Services of districts; Forest Protection Sub-departments of provinces in the areas where Forestry Services of districts are not available.
2. “round wood” means wood remaining its original shape and heartwood having a small end diameter of from 10 to less than 20 cm and a length of at least 01 m or small end's diameter of at least 20 cm and a length of at least 30 cm. Wood from planted forests, cajuput forests and mangrove forests must have a small end diameter of least 06 cm and a length of at least 01 m. Wood included in the list of endangered/rare forest plants and animals and Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as “CITES”) can be of any size.
3. “sawn wood” means wood that has been sawn or cut into cubes, strips or boards.
4. “non-wood forest plants” include firewood, rattan and bamboo products, herbaceous plants, parts and derivatives thereof.
5. “ordinary forest plants” are the species that are not included in the list of endangered/rare forest plants and animals and CITES Appendices.
6. “harvesting of ordinary forest animals from nature” means the removal of ordinary forest animals and their eggs and larvae from their natural habitat.
7. “salvage harvesting” means the harvesting of wood trees and non-wood forest plants and derivatives of forest plants during the implementation of silvicultural measures and scientific researches, and the harvesting of forest products in the area where forest repurposing is carried out.
8. “sanitation harvesting” means the harvesting of wood and non-wood forest plants from wood trees and forest plants that are fallen or die of natural causes or natural disasters and are still left in forests.
9. “unprocessed forest product” means a product that is not impacted by tools, equipment of all kinds after being harvested, imported and handled if confiscated and still in the original shape and parameter.
10. “processed forest product” means a product that has been impacted by tools or equipment, resulting in changes in the original shape and parameter and includes sliced wood, barked wood, woodchips, anthracite, charcoal and their products.
11. “internal transport” means the transport of forest products between financially dependent units of a financially dependent enterprise with legal status; or the transport of forest products from a financially dependent enterprise with legal status to its financially dependent units and vice versa.
12. “forest product owner” means an organization or individual that has the ownership of a forest product or a person representing the forest product owner to manage and transport such forest product.
13. “finished wood product” refers to a product processed from wood and fully assembled according to its use or its detached parts which can be used immediately according to their use after they are assembled.
Article 4. Quantity and volume of forest products
1. Methods of measuring and numbering head of wood section and wood cube:
a) Regarding length of round wood, the shortest distance between the cross sections of both ends of the wood section is measured. In case of concave or inclined cross-sections, measurement is carried out at the position with the shortest length. The unit is meters (m), rounded to the nearest hundredth;
b) Regarding diameter of round wood, both ends of the wood section (except for the bark) are measured. At each end of the wood block, measure the largest and smallest diameters and then calculate the average value to determine the diameter. The unit is centimeters (cm);
c) Regarding length of sawn wood, the shortest distance between the cross sections of both ends of each strip, board or cube. The unit is meter (m), rounded up to the nearest hundredth;
d) Regarding width and thickness of sawn wood, the distance between the two vertically opposite cross-sections of each strip, board or cube. The unit is centimeters (cm). In case the surface of sawn wood and squared wood is crossed or wavy, measurement is carried out at the positions with the largest and smallest size and the average value is calculated;
dd) In case of hollow core or rot, such defect shall be deducted upon measurement of volume. When making a packing list of forest products, the deduction shall be specified to serve verification of wood volume.
e) Regarding stumps, roots and sawn wood with complex and irregular shapes, ornamental trees, including their roots, trunks, branches and leaves, sliced wood, barked wood and woodchips, which cannot be measured to determine their volume, or planted forest wood that have not been classified by diameter ranges, they shall be weighed in kilograms (kg) and converted at the ratio of 1,000 kg equivalent to 01 m3 of round wood or measured in stere and converted at the ratio of one stere equivalent to 0,7 m3 of round wood;
g) Regarding the round wood having at least the size specified in Clause 2 Article 3 of this Circular and sawn wood having a length of at least 01 m, width of at least 20 cm and thickness of at least 05 cm, each section, strip and board number shall be written on the vertical cross-section of the wood.
2. The unit of volume of wood is cubic meter (m3), rounded up to the nearest thousandth. The unit of volume of firewood is stere or the unit of weight is kg.
3. Permissible deviation upon calculation of wood volume:
a) Regarding round wood, deviation of each measurement of each section is ± 10%;
b) Regarding round wood, deviation of each measurement of each strip, board or cube at a time is ± 5%;
4. Quantity of forest animals shall be determined according to the number of forest animal individuals which are weighed in kg. In case of failure to determine the number of individuals, these animals will be weighed in kg.
5. Weight of non-timber forest plants and parts of forest animals shall be determined in kg. Regarding bamboos, the weight shall determined by the number of bamboos or in kg.
6. Derivatives of forest animals and plants shall be determined by weight in kg or measurement in milliliter (ml) if these derivates are in liquid form.
Article 5. Packing list of forest products
1. Packing list of forest products (hereinafter referred to as “the packing list”):
a) A packing list shall be made by the forest product owner after the harvesting; when trading, transporting and dispatching forest products at a time and on the same vehicle; when preparing the application for issuance of license to export forest products as prescribed or shall be made by the competent person when preparing documents about penalties for violations;
b) The forest product owner shall be responsible to law for the contents and origin of lawful forest products specified in the packing list;
c) The packing list shall be made using the Forms No. 01, No. 02, No. 03 and No. 04 hereof.
2. Making a packing list:
a) The forest product owner shall specify all information about forest products in the packing list according to the Forms No. 01, No. 02, No. 03 and No. 04 hereof;
b) Regarding the wood that has not been classified by diameter ranges as prescribed in Point g Clause 1 Article 4 of this Circular, specify its total quantity and volume or weight in the packing list;
c) When making a packing list of round wood and sawn wood marked with a number as specified in Clause 1 Article 4 of this Circular, the forest product owner shall write such number in the packing list.
d) Regarding non-wood forest plants or forest animals, the forest product owner shall enumerate in detail real quantity and volume or weight or enumerate total quantity and volume or weight of each non-wood forest plant or forest animal in the packing list;
dd) At the bottom of each page of the packing list, the forest product owner shall specify the total quantity and volume or weight of each forest product and append his/her signature. On the last page of the packing list, the forest product owner shall specify the total quantity and volume or weight of each forest product written in the entire packing list.
Article 6. Forest products that must be specified in the packing list
1. Wood harvested from domestic natural forests and having not undergone any processing.
2. Non-wood forest plants on the list of endangered/rare forest plants and animals and CITES Appendices, which are harvested from domestic natural forests and have not undergone any processing.
3. Wild or domestically raised forest animals and parts and derivatives thereof; forest animals and products of imported forest animals on the list of endangered/rare plant forests and animals.
4. In the cases where the forest products specified in Clauses 1, 2 and 3 of this Article are internally transported within a province, the packing list is not required to be certified by a local forest protection authority.
Article 7. Certifying packing lists of forest products
1. The authority that has the power to certify packing lists is the local forest protection authority.
2. An application for certification of a packing list includes:
a) The original packing list made using the Forms No. 01, No. 02, No. 03 and No. 04 hereof.
b) Forest product origin dossier;
c) An invoice prescribed by the Ministry of Finance (if any);
3. The applicant shall submit the application directly or by post or through public postal services.
4. Procedures:
a) The applicant shall submit an application specified in Clause 2 of this Article to the local forest protection authority. If the application is unsatisfactory, within 01 working day from the receipt of the application, the competent authority shall directly instruct or instruct the applicant in writing to complete the application;
b) Within 03 working days from the receipt of the satisfactory application, the local forest protection authority shall certify the packing list or respond and provide explanation in writing in case of rejection of the application;
c) In case it is required to verify the origin of forest products, within 01 working day from the receipt of the application, the local forest protection authority shall notify the forest product owner.
Within 01 working day from the date of notification, the local forest protection authority shall verify the origin of forest products. In complex cases, the origin verification shall be carried out within 05 working days.
After the verification, the local forest protection authority shall make a record on forest product inspection according to the Form No. 05 hereof.
Within 01 working day from the end of the verification, the local forest protection authority shall certify the packing list and return it to the applicant or respond and provide explanation in writing in case of failure to certify the packing list.
5. The local forest protection authority shall be responsible to law upon certifying origin of lawful forest products, make a packing list certification book for each year according to the Form No. 06 hereof and retain copies of certified packing lists and documents about forest product origin as prescribed by law.
Tìm kiếm
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