Chapter V
INSPECTION OF TRACING OF FOREST PRODUCTS
Section 1. ENTITIES SUBJECT TO, RULES AND METHODS OF INSPECTION AND POWER TO ISSUE INSPECTION DECISION
Article 36. Entities subject to and methods of inspection
1. Entities subject to inspection: organizations and individuals engaging in harvesting, transport, processing, manufacturing, trading, import, export and storage of forest products, raising of forest animals, and marking of specimens and wood products.
2. Inspection methods:
a) Scheduled inspection;
b) Ad hoc inspection, which is carried out upon suspicion of violations specified in Clause 1 Article 40 of this Circular or at the request of the head of the competent authority.
Article 37. The power to issue inspection decisions
1. The General Director of the Forest Protection Department, Directors of Forest Protection Sub-departments and chiefs of mobile forest and forest fire protection teams (hereinafter referred to as “heads of forest protection authorities”) shall, within their jurisdiction, issue inspection decisions.
2. The competent persons specified in Clause 1 of this Article may empower their deputies to issue inspection decisions as prescribed by law.
Article 38. Rules for carrying out inspections
1. The inspection by a forest protection authority shall be carried out by an inspectorate according to the decision issued by the competent person.
2. If the inspectorate detects any violation during the inspection, remedial measures shall be immediately taken and submit reports as prescribed.
3. The verification or inspection of origin of forest products shall be carried out in accordance with inspection procedures and an inspection record shall be made. In case of verification or inspection of origin of forest products, a record shall be made using the Form No. 05 hereof. In case of inspection of harvesting of forest products, a record shall be made using the Form No. 13 hereof.
Article 39. Scheduled inspection
1. Annual inspections: Before November 30, every head of the forest protection authority shall, under the direction of the head of the supervisory authority, prepare an inspection plan for the next year and submit it to the supervisory authority for approval.
2. Every head of the forest protection authority shall, according to the forest product harvesting, transport, processing, trading or management that is required to be subject to an inspection, prepare a thematic inspection plan.
Article 40. Ad hoc inspection
1. Bases for carrying out an 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;
dd) Instructional documents promulgated by the head of a competent 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.
Section 2. INSPECTION PROCEDURES AND CONTENTS
Article 41. Inspection procedures
1. Issue an inspection decision to the inspected entities or involved persons and witnesses (if any).
2. Request the inspected entities or involved persons to abide by the inspection decision issued by the competent authority and work with the inspectorate.
3. Carry out inspection according to the issued inspection decision. Any issues that arise during the implementation and are beyond the power of the inspectorate should be promptly reported to the head of the supervisory authority.
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 bases specified in Clause 1 Article 40 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, if it is required to verify origin of imported, exported or transited forest products, the provincial Forest Protection Sub-department shall cooperate with the border checkpoint customs authority in inspecting and verifying origin of forest products as prescribed in this Circular.
6. Owners of forest product processing and trading facilities, forest animal raising facilities, forest product owners or operators of forest product vehicles shall comply with inspection requirements laid down by the inspectorate; produce forest product dossiers and forest product origin dossiers as prescribed in this Circular.
Article 42. Inspection contents
1. Regarding harvesting of forest products, it is required to inspect:
a) Compliance with regulations of law before harvesting; compliance with regulations of law during and after harvesting; documents concerning harvesting of forest products;
b) Regarding harvested wood that is skidded and transported to a storage area, it is required to inspect its quantity, volume, type and number of wood, packing list; harvesting documents specified Section 1 Chapter III of this Circular;
c) Regarding non-wood forest products, it is required to inspect their quantity, volume and type, and packing list; harvesting documents specified Section 1 Chapter III of this Circular.
2. Regarding transport of forest products, it is required to inspect:
a) Dossiers and applications specified in Sections 2 and 3 Chapter III of this Circular;
b) Forest products available on the vehicle.
3. Regarding a wood and non-wood forest plant processing and trading facility, it is required to inspect:
a) Forest product dossiers specified in Clause 1 Article 31 of this Circular;
b) Forest products available at the facility;
c) Storage of forest product dossiers.
4. Regarding imported, exported or transited forest products, it is required to inspect:
a) Dossiers and applications specified in Article 17 and Section 3 Chapter III of this Circular;
b) Forest products available at the border checkpoint.
5. Regarding a forest animal specimen raising and processing facility, it is required to inspect:
a) Dossier on raised forest animals specified in Clause 2 Article 31 of this Circular;
b) Forest animals that are being raised.
6. Regarding a forest product storage facility, it is required to inspect:
a) Forest product dossier specified in Article 32 of this Circular;
b) Forest products available at the storage facility.
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