CIRCULAR

On management and tracing of forest products

Pursuant to Decree No. 105/2022/ND-CP dated December 22, 2022 of the Government of Vietnam on functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development of Vietnam;

Pursuant to the Law on Forestry dated November 15, 2017;

At the request of the General Director of the Vietnam Administration of Forestry;

The Minister of Agriculture and Rural Development hereby promulgates a Circular on management and tracing of forest products.

Chapter I

GENERAL PROVISIONS

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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:

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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.

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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 (D_tb)² x l

Where:

V is the volume (m³); the result is rounded to the nearest thousandth;

π is pi (π = 3,14)

D_tb is the average diameter of the timber section (m)

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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)

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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;

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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= (C²_1.3/4π) x H_vn 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;

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π is pi (π = 3,14)

H_vn 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).

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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.

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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.

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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;

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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.

Chapter II

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Section 1. Approval for harvesting plans

Article 6. Approval for plans for harvesting ordinary forest plants

1. Cases of approval for a harvesting plan:

a) Salvage logging of ordinary forest plant species from natural forests;

b) Full utilization of ordinary forest plant species from natural forests;

c) Harvesting of non-timber forest plants from ordinary forest plant species from natural forests which are classified as reserve forests;

d) Collection of ordinary forest plant specimens serving scientific and technological researches from reserve forests;

dd) Harvesting of ordinary forest plant species from planted forests whose ownership is represented by the State;

e) Harvesting of ordinary forest plant species from planted protection forests whose investment is stimulated by organizations, individuals, household businesses, and residential community.

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a) The Ministry of Agriculture and Rural Development shall approve the harvesting plan in the cases prescribed in Points a, b, c, d and dd Clause 1 of this Article for forest area controlled by the Ministry of Agriculture and Rural Development;

b) The district-level People’s Committees shall approve the harvesting plan in the case prescribed in Point dd Clause 1 of this Article invested by individuals, household businesses, residential community; plans for salvage logging and full utilization of timber from production forests which are natural forests managed by individuals, household businesses, residential community;

c) The Department of Agriculture and Rural Development shall approve the harvesting plan in cases other than those prescribed in Points a and b of this Clause;

3. A dossier shall include:

a) The original application for approval for harvesting plan using Form No. 10 in the Appendix enclosed herewith;

b) The original harvesting plan using Form No. 11 in the Appendix enclosed herewith;

c) A copy of the decision on forest repurposing or copy of the decision on approval for the silviculture project or documents proving the implementation of silviculture measures or scientific research program/project that has been approved by a competent authority in the cases prescribed in Points a and d Clause 1 of this Article.

4. Procedures:

a) The forest owner or the organization/individual who is authorized by the forest owner shall submit in person or via postal service or by an electronic mean 01 dossier prescribed in Clause 3 of this Article to the approving authority prescribed in Clause 2 of this Article. In case the dossier is submitted via an electronic mean, it shall comply with the regulations in Decree No. 45/2020/ND-CP.

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In case the dossier is submitted in person, the aproving authority shall check documents of the dossier and immediately inform the forest owner or the organization/individual authorized by the forest owner of the validity of the dossier.

In case the dossier is submitted via postal service or an electronic mean, within 01 working day after receiving the dossier, the approving authority shall consider the validity of the documents of the dossier; if the dossier is invalid as prescribed, a written notification specifying reasons for the invalidity shall be sent.

c) Within 10 working days from the day on which a valid dossier is received, the approving authority shall approve the harvesting plan and return results to the forest owner or the organization/individual authorized by the forest owner. In case of rejection, a written notification specifying reasons thereof shall be given.

4. The approving authority which has approved the harvesting plan shall send a copy of the approved harvesting plan to the local forest protection authority where the harvesting is carried out for monitoring, inspection and supervision.

Article 7. Approval for plans for harvesting ordinary forest animals from nature

1. Approving authorities: local forest protection authorities.

2. A dossier shall include:

a) The original application for approval for a plan for harvesting of ordinary forest animals from nature, which is made using the Form No. 10 hereof.

b) The original plan for harvesting of ordinary forest animals from nature, which is made using the Form No. 12 hereof.

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a) Organization/individual/household business/residential community (applicant) harvesting ordinary forest animals from nature shall submit in person or via postal service or by an electronic mean 01 dossier as prescribed in Clause 2 of this Article to a local forest protection authority. In case the dossier is submitted via an electronic mean, it shall comply with the regulations in 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 applicant of the validity of the dossier.

In case the dossier is submitted via postal service or an electronic mean, within 01 working day after receiving the dossier, the local forest protection authority shall consider the validity of the documents of the dossier; if the dossier is invalid as prescribed, a written notification specifying reasons for the invalidity shall be sent;

c) Within 10 working days from the day on which a valid dossier is received, the local forest protection authority shall approve the harvesting plan and return results to the applicant. In case of rejection, a written notification specifying reasons thereof shall be given.

Section II. PROCEDURES FOR HARVESTING ORDINARY FOREST PLANTS AND ORDINARY FOREST ANIMALS

Article 8. Salvage logging of ordinary forest plant species from natural forests

1. A dossier shall include:

a) Harvesting carried out in the area of site clearance: a copy of the decision on forest repurposing; a copy of the approved plan for salvage logging of ordinary forest plant species from natural forests;

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Article 9. Full utilization of ordinary forest plant species from natural forests

1. A dossier shall include a copy of the approved plan for full utilization ordinary forest plant species from natural forests.

2. Within 05 working days from the day on which the harvesting is completed, the forest product owner or organization/individual authorized by the forest product owner shall submit 01 dossier as prescribed in Clause 1 of this Article and the original packing list to the local forest protection authority for certification as prescribed in Article 5 of this Circular.

Article 10. Harvesting of non-timber forest plants from ordinary forest plant species from natural forests

1. A dossier shall include:

a) A copy of the approved harvesting plan in case of harvesting of non-timber forest plants, derivatives of ordinary forest plant species from natural forests which are reserve forests.

b) A copy of the harvesting plan made by an organization/household business/ individual/residential community using Form No. 11 in the Appendix enclosed herewith in case of harvesting of non-timber forest plants, derivatives of ordinary forest plant species from natural forests which are protection and production forests.

2. Within 05 working days from the day on which the harvesting is completed, the forest product owner or organization/individual authorized by the forest product owner shall submit 01 dossier as prescribed in Clause 1 of this Article and a copy of the packing list to the local forest protection authority for monitoring and consolidation.

Article 11. Harvesting of ordinary forest plants from planted forests whose ownership is represented by the State; Harvesting of ordinary forest plants from planted protection forests whose investment is stimulated by organizations, individuals, household businesses, and residential community

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b) A copy of the approved harvesting plan in case of harvesting of timber or a copy of the harvesting plan made by the forest owner using Form No. 11 in the Appendix enclosed herewith in case of harvesting of non-timber forest plants, parts and derivatives from forest plants;

b) A copy of the decision on forest repurposing in case of salvage logging of the repurposed area or a copy of the decision on approval of the silviculture project or copies of documents proving the implementation of silviculture measures for forest utilization during adjustment of forest composition, forest cultivation, and implementation of other silviculture measures.

2. Within 05 working days from the day on which the harvesting is completed, the forest product owner or organization/individual authorized by the forest product owner shall submit 01 dossier as prescribed in Clause 1 of this Article and a copy of the packing list to the local forest protection authority for monitoring and consolidation.

Article 12. Harvesting of ordinary forest plants from planted production forests whose investment is stimulated by organizations, individuals, household businesses, residential community; scattered trees, garden plants whose names are the same as those of timber trees from ordinary forest plant species from natural forests

1. A dossier shall include an original forest product harvesting information sheet made by the forest product owner or organization/individual authorized by the forest product owner using Form No. 13 in the Appendix enclosed herewith.

2. Within 05 working days from the day on which the harvesting is completed, the forest product owner or organization/individual authorized by the forest product owner shall submit 01 dossier as prescribed in Clause 1 of this Article and a copy of the packing list to the local forest protection authority for monitoring and consolidation.

Article 13. Collection of ordinary forest plant specimens serving scientific and technological researches from reserve forests

1. A dossier shall include:

a) A copy of the scientific research program/project which has been approved by a competent authority;

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2. Within 05 working days from the day on which the harvesting is completed, the forest product owner or organization/individual authorized by the forest product owner shall submit 01 dossier as prescribed in Clause 1 of this Article and a copy of the packing list to the local forest protection authority for monitoring and consolidation.

Article 14. Harvesting of ordinary forest animals, parts and derivatives of ordinary forest animals from nature

1. A dossier shall include a copy of the approved plan for harvesting ordinary forest animals from nature as prescribed in Article 7 of this Circular..

2. Within 05 working days from the day on which the harvesting is completed, the forest product owner or organization/individual authorized by the forest product owner shall submit 01 dossier as prescribed in Clause 1 of this Article and the original packing list to the local forest protection authority for certification as prescribed in Article 5 of this Circular.

Chapter III

LAWFUL FOREST PRODUCT DOSSIERS

Section 1. FOREST PRODUCT ORIGIN DOSSIER

Article 15. Dossiers on origins of forest products after being harvested

1. Regarding timber harvested from natural forests, the dossier includes an original packing list certified by a local forest protection authority.

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a) An original packing list made by the forest product owner; a copy of the harvesting plan approved by a competent authority;

b) An original packing list certified by a local forest protection authority in case the forest product owner requests certification in accordance with the regulations in Point dd Clause 3 Article 5 hereof.

3. Regarding timber harvested from planted production forests, timber whose name is the same as that of timber trees from natural forests, scattered trees, garden plants whose investment is stimulated by organizations, individuals, household businesses, residential community, the dossier includes an original packing list made by the forest product owner or an original packing list certified by a local forest protection authority in case the forest product owner requests certification in accordance with the regulations in Point dd Clause 3 Article 5 of this Circular.

4. Non-timber forest plants harvested from natural forests and planted forests:

a) Regarding non-timber forest plants included in the list of endangered/rare forest plants and animals and CITES Appendices, the dossier includes an original packing list certified by a local forest protection authority;

b) Regarding non-timber forest plants that are not included in the list of endangered/rare forest plants and animals and CITES Appendices, the dossier includes an original packing list certified by a local forest protection authority in case the forest product owner requests certification in accordance with the regulations in Point dd Clause 3 Article 5 hereof.

5. Regarding forest animals, the dossier includes an original packing list certified by a local forest protection authority.

Article 16. Imported forest product origin dossier

1. For imported timber: The regulations specified in Article 7 Decree No. 102/2020/ND-CP dated September 01, 2020 of the Government on Vietnam timber legality assurance system shall be applied.

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a) Regarding species listed in the CITES Appendices, the dossier includes a customs declaration form as prescribed by law; an original CITES permit or a copy of the CITES permit or electronic CITES permit for import;

b) Regarding species that are not listed in the CITES Appendices, the dossier includes a customs declaration form as prescribed by law; an original packing list made by the forest product owner or applicant in accordance with regulations of the importing country;

3. After customs clearance, the Customs authority shall return the dossier to the forest product owner for storage as prescribed.

Article 17. Confiscated forest product origin dossier

1. Timber after being confiscated:

a) In case the agency assigned to handle assets after being confiscated is a forest protection authority, the dossier includes an original packing list made by the forest protection authority assigned to handle such assets;

b) In case the agency assigned to handle assets after being confiscated is not a forest protection authority, the dossier includes an original packing list made by the agency assigned to handle such assets certified by a local forest protection authority.

2. Regarding forest products after being confiscated that is not prescribed in Clause 1 of this Article, the dossier includes an original packing list made by the agency assigned to handle assets.

Section 2. Dossiers on forest products domestically traded, transported or transferred, and exported

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1. Regarding forest products that must be specified in the packing list as prescribed at Points a, b, c and d Clause 3 Article 5 hereof, the dossier includes:

a) An original packing list certified by a local forest protection authority;

b) A copy of the previous dossier on trading and transfer of forest products or a QR code linked to the required dossier prescribed in this Point written in the packing list.

2. Regarding forest products that are not finished timber products and are not prescribed at Point a, b, c and d Clause 3 Article 5 hereof, the dossier includes:

b) An original packing list made by the forest product owner who sells or transfers the forest products or an original packing list certified by a local forest protection authority for forest products prescribed at Point dd Clause 3 Article 5 hereof;

b) A copy of the previous dossier on trading and transfer of forest products or a QR code linked to the required dossier prescribed in this Point written in the packing list.

3. Regarding forest products after being harvested transported to warehouses in the same time and on the same vehicle by the forest product owner, the regulations in Article 15 hereof shall be applied.

4. Regarding imported forest products transported from border checkpoints to warehouses of importers, the regulations in Article 16 hereof shall be applied.

5. Regarding forest products directly purchased from auction councils, then transported to warehouses of purchasers, the regulations in Article 17 hereof shall be applied.

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Article 19. Dossiers on exported forest products

1. Regarding logs, sawn timber and timber products, a dossier includes:

a) An original packing list or an original packing list certified by a local forest protection authority for forest products prescribed at Point dd Clause 3 Article 5 hereof;

b) An original CITES permit, a copy of the CITES permit or electronic CITES permit for export of timber and timber products specified in the list of endangered/rare forest plants and animals; the list of endangered wild plants and animals in the CITES Appendices.

2. Regarding non-timber forest products, a dossier includes:

a) An original CITES permit, a copy of the CITES permit or electronic CITES permit for specimens specified in the list of endangered/rare forest plants and animals; the list of endangered wild plants and animals in the CITES Appendices.

b) An original packing list certified by a local forest protection authority for ordinary forest animals;

c) An original packing list for non-timber forest plants from ordinary forest plant species.

3. After customs clearance, the Customs authority shall return the dossier to the forest product owner for storage as prescribed.

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Section 20. Forest product dossier prepared by a facility for processing, trading and storage of timber, forest plants, animals and other species listed in the Appendices CITES

1. An original dossier on origins of forest products after being harvested, imported, raised or confiscated in case the facility owner directly harvests, imports or purchases such forest products after being confiscated.

2. An original packing list and a copy of the dossier on transfer of forest products from the previous owner.

3. A copy of the dossier on sale or transfer of forest products to a new owner.

4. An inventory log book for a business operator using Form No. 07 in the Appendix enclosed herewith. The forest product owner shall be responsible for updating information on the entry and exit of forest products on the forest product entry and exit book.

5. Regarding species specified in the list of endangered/rare forest plants and animals and CITES Appendices: types of books in accordance with regulations of the Government on management of endangered/rare forest plants and animals and implementation of CITES.

6. The forest product owner shall be responsible for storing forest product dossiers corresponding to each stage of the forest product supply chain, including: a dossier on origins of forest products after being harvested, transported, processed, produced, traded, transferred, imported or confiscated in accordance with the regulations herein.

Article 21. Forest product dossiers prepared by a facility for raising forest products

1. A forest product dossier prepared by a facility for raising forest animal species and animal species listed in the Appendices CITES:

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b) An original dossier of origins of animals that are domestically harvested, imported or raised in case the facility owner directly harvests, imports or raises such animals; A copy of the dossier or an electronic dossier on origins of animals that are harvested, imported or raised in case the facility owner does not directly harvest, import or raise such animals;

c) An original dossier on receipt of forest products from the previous owner.

d) A copy of the dossier on sale or transfer of forest products to a new forest product owner;

dd) Types of books in accordance with regulations of the Government on management of endangered/rare forest plants and animals and implementation of CITES.

2. A forest product dossier prepared by a facility for raising endangered/rare forest plants and plants listed in the Appendices CITES:

a) Number of the raising facility issued by a competent regulatory authority;

b) An original dossier of origins of forest products that are domestically harvested, imported or artificially raised in case the facility owner directly harvests, imports or artificially raises such forest products; A copy of the dossier or an electronic dossier on origins of forest products that are harvested, imported or artificially raised in case the facility owner does not directly harvest, import or artificially raise such forest products;

c) An original dossier on receipt of forest products from the previous owner.

d) A copy of the dossier on sale or transfer of forest products to a new owner;

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Chapter IV

SPECIMEN MARKING

Article 22. Specimens to be marked

1. 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 and species listed in Appendices II and III of CITES when being traded or transferred or transported.

2. If specimens of species listed in Appendices export CITES are subject to CITES marking requirements, such requirements shall be complied with.

Article 23. Forms, methods and responsibilities for specimen marking

1. A specimen can be marked with a stamp, code, bar code, QR code or another material (hereinafter referred to as "marking label") linked to all information prescribed in Article 24 hereof for management and tracing thereof.

2. The specimen owner shall decide on the material, size, form of the marking label in conformity with the characteristic and type of the specimen and regulations of the law on goods labels.

3. A product shall be marked with a marking label. The marking label shall be attached directly to the product or its packing, container in a manner that is easily identified with the naked eye or the reader and avoids counterfeiting.

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5. The specimen owner shall carry out specimen marking before transporting, trading or transferring their specimens.

6. After the marking is completed, within 01 working day, the forest product owner shall specify all marking information in a physical or electronic specimen marking log book, which is made using Form No. 14 in the Appendix enclosed herewith and take responsibility for the accuracy of the information of the marking label; send a notification of specimen marking, which is made using Form No. 15 in the Appendix enclosed herewith to a local forest protection authority for monitoring and management.

Article 24. Information on and registration of marking label

1. Information on a marking label:

a) Name of the specimen;

b) Name of the species: common name and scientific name. In case a specimen is produced from various types of animals and plants, the common name and scientific name of each type must be clearly specified;

c) Name and address of the organization/individual selling or transferring the specimen and name and address of the organization/individual purchasing or receiving the specimen;

d) Amount of the specimen: expressed in units of measurement or cardinal numbers, depending on characteristics of each specimen;

dd) Serial number of the label, including: number of the marking label, abbreviation of the province, code of the district, abbreviation of the specimen owner, the last 2 digits of the year in which the code is granted. Of which:

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Abbreviation of the province is included in the Appendix enclosed with the Decree of the Government on management of endangered/rare forest plants and animals and implementation of CITES.

Abbreviation of the specimen owner shall be decided by himself or herself and notified to the provincial forest protection authority. The specimen owner shall choose another abbreviation and inform the provincial forest protection authority for information and management in case of change of abbreviation.

Code of the district which is corresponding to each district, ward, town and city affiliated to the province is encoded with 03 digits according to Decision No. 124/2004/QD-TTg dated July 08, 2004 of the Prime Minister on promulgation of the list and codes of administrative units of Vietnam.

2. Organization/individual who marks the specimen shall submit a notification together with a model label of the specimen to the provincial forest protection authority for consolidation and monitoring.

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:

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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

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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

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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

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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.

Chapter VI

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Article 32. Responsibility for implementation

1. The Vietnam Administration of Forestry shall:

a) Implement this Circular nationwide;

b) Propose to the Ministry of Agriculture and Rural Development of Vietnam approval for the harvesting plans in the cases prescribed at Point a Clause 2 Article 6 hereof.

2. Forest protection department shall:

a) Provide guidelines and inspect and supervise the compliance with law on harvesting, management and tracing of forest products nationwide as prescribed herein;

b) Develop a pilot model of codes of places of production of material production forests serving tracing associated with sustainable forest management and forest certification;

c) Develop a pilot model of information technology application to management and tracing of forest products;

d) Consolidate and report the compliance with regulations on management and tracing of forest products nationwide in this Circular.

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a) Organize inspection of origins of forest products as prescribed in this Circular under direction of the Forest Protection Department in their assigned regions;

b) Consolidate and report the implementation of this Circular in regions where they are assigned to inspect at the request of competent authorities.

4. Departments of Agriculture and Rural Development shall organize the implementation and provide guidelines on the implementation of this Circular within provinces;

5. Forest protection authorities of provinces shall:

a) Consolidate and save information on the harvesting, import and export of forest products within provinces; organize inspection, supervision and tracing of forest products as prescribed herein;

b) Manage forest product dossiers as prescribed in this Circular;

c) Report the management, inspection and tracing of forest products; the situation of facilities for raising of animals and plants in provinces as prescribed herein;

6. Local forest protection authorities shall:

a) Consolidate and save information on the harvesting, import and export of forest products in areas where they manage, organize inspection, verification, supervision and tracing of forest products as prescribed herein;

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c) Save dossiers submitted by forest product owners as prescribed in Chapter II and Chapter III hereof; manage packing list certification log books using Form No. 09 in the Appendix enclosed herewith;

d) Consolidate reports using Form No. 18 in the Appendix enclosed herewith on the receipt and delivery of forest products in their areas and submit them to the provincial forest protection authorities within 10 days from the day on which reports of business operators are received as prescribed in Point c Clause 8 of this Article.

7. Forest owners shall:

a) Store all dossiers on origins of forest products as prescribed in this Circular;

b) Prepare reports before and after harvesting as prescribed herein.

8. Organizations, individuals, household businesses, households or residential community shall:

a) Store all forest product dossiers as prescribed in this Circular;

b) Take responsibilities for the accuracy and comply with regulations on inspection and tracing issued by competent authorities;

c) Regarding business operators: prepare an inventory log book of forest products using Form No. 07 in the Appendix enclosed herewith; promptly update all information on the entry and exit of forest products and present it at the request of competent authorities; prepare 6-month reports on the entry and exit of forest products to local forest protection authorities using Form No. 18 in the Appendix enclosed herewith before July 15 and annual reports thereon before January 15. The first-6-month report shall cover the period from January 01 to June 30; an annual report shall cover the period from January 01 to December 31 of the year.

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1. This Circular comes into force from February 15, 2023.

2. Circular No. 27/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on management and tracing of forest products is invalid from the day on which this Circular comes into force.

3. Transitional clauses

a) If forest product owners store timber with legal origin which is harvested from natural forests, timber after being confiscated, timber included in the list of endangered/rare forest plants and animals, timber listed in the Appendices CITES before the date on which this Circular comes into force, upon trading, transfer and transport thereof, they must carry out certification of their packing lists as prescribed in Article 5 hereof. The forest product owners shall make statistics on the volume of timber with legal origins which are harvested from natural forests, timber after being confiscated, timber listed in the Appendices CITES, which are stored at their facilities, make packing lists using Form No. 01 in the Appendix enclosed herewith and submit them to local forest protection authorities for certification and management. These tasks must be completed before September 30, 2023.

b) If dossiers on harvesting of forest products have been approved before the day on which this Circular comes into force but such forest products have not yet been harvested or are being harvested, it is continued to comply with regulations in Circular No. 27/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on management and tracing of forest products. Harvested forest product dossiers shall comply with regulations in this Circular.

4. In case the legislative documents referred to this Circular are amended or replaced, the newest document shall be applied.

5. Difficulties arising in the period of implementation of this Circular should be promptly reported to the Ministry of Agriculture and Rural Development (via NAFIQAD) for consideration and decision./.

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