Decree 102/2020: Guidance on procedures for reissuing the FLEGT license in Vietnam

Decree 102/2020: Guidance on procedures for reissuing the FLEGT license in Vietnam (Internet image)

Procedures for reissuing the FLEGT license in Vietnam are stipulated in Article 19 of Decree 102/2020/ND-CP on Vietnam Timber Legality Assurance System as follows:

- The FLEGT license will be reissued if there are changes in the products, HS codes, timber species, unit or more than 10% difference in quantity or weight in the export shipment of timber.

- The licensing authority will reissue the license.

- The owner shall submit the application in person, by post or electronically (through the National Single-window Information Portal, FLEGT Licensing System or National Public Service Portal).

- An application for reissuance of the FLEGT license shall consist of:

+ If the quantity or weight of the shipment is smaller than that specified in the FLEGT license: Original copy of Form 13 in Appendix I of Decree 102/2020/ND-CP and original copy of the physical FLEGT license or electronic copy of the electronic FLEGT license;

+ If the quantity or weight of the shipment is greater than that specified in the FLEGT license or the products, HS codes or timber species in the shipment are changed: the documents specified in Point a of this Clause, Points b, c, dd Clause 3 Article 16 of Decree 102/2020/ND-CP.

- Procedures:

+ In the cases specified in Point a Clause 4 of Article 19 of Decree 102/2020/ND-CP:

++ The owner (applicant) shall submit 01 application specified in Point a Clause 4 of Article 19 of Decree 102/2020/ND-CP to the licensing authority.

++ If the application is invalid, the licensing authority shall, within 01 working day from the receipt of the application, inform and instruct the owner to supplement the application in writing, by email or through the National Single-window Information Portal, FLEGT Licensing System or National Public Service Portal.

++ Within 02 working days from the receipt of the valid application, the licensing authority shall decide whether to reissue the FLEGT license or reject the application, in which case the licensing authority shall inform the applicant and provide explanation.

+ Within 01 working day from the reissuance date of the FLEGT license, the licensing authority shall provide the FLEGT license for the applicant, upload information about the reissued FLEGT license to its website and inform the FLEGT authority of the importing country in EU. In case the application is rejected, the licensing authority shall, within 01 working day from the day on which the written rejection is signed, send a notification to the applicant.

+ In the cases specified in Point b Clause 4 of this Article: follow the procedures specified in Clause 5 Article 16 of Decree 102/2020/ND-CP.

- The reissued FLEGT will be effective for up to 06 months from the reissuance date.

More details can be found in Decree 102/2020/ND-CP on Vietnam Timber Legality Assurance System, which comes into force from October 30, 2020.

Long Binh

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