Decree 102: Guidance on procedures for issuance of FLEGT licenses in Vietnam

Decree 102: Guidance on procedures for issuance of FLEGT licenses in Vietnam (Internet image)

Article 16 of Decree 102/2020/ND-CP provides guidance on procedures for issuance of FLEGT licenses in Vietnam as follows:

Step 1: The FLEGT license shall be granted for:

Legal timber that is listed under Appendix III of this Decree that is exported or temporarily imported to EU market, except timber subject to CITES licensing or shipments of products derived from confiscated timber.

Step 2: An application for the FLEGT license shall consist of:

- Original copy of Form No. 11 in Appendix I of Decree 102/2020/ND-CP;

- Original copy of the packing list if the applicant is a Category I enterprise; Original copy of the packing list certified by a domestic forest protection authority if the applicant is not a Category I enterprise;

- Copy of the sale contract or equivalent;

- Invoices prescribed by the Ministry of Finance (if any);

- Other documents proving legal origins of the export shipment of timber (if any).

Step 3: The application is submitted to the CITES authority of Vietnam (hereinafter referred to as “licensing authority”).

Submission method: 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).

The owner (applicant) shall submit 01 application prescribed in Clause 3 of Article 16 of Decree 102/2020/ND-CP to the licensing authority. The licensing authority shall examine the validity of the application. If the application is invalid, the licensing authority shall, within 02 working days 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;

Step 4: The application is processed

- Within 05 working days from the receipt of the valid application, the licensing authority shall decide whether to issue the FLEGT license or reject the application, in which case the licensing authority shall inform the applicant and provide explanation.

- In case of the legal origin of timber is suspicious, the licensing authority shall, within 03 working days from the receipt of the application, send a written notification of verification time to the applicant, the verifying authority and relevant authorities. The licensing authority shall take charge and cooperate with the verifying authority and relevant authorities in verifying the legality of the shipment. The verification shall not last longer than 10 working days from the notification date. A record shall be made according to Form No. 12 in Appendix 1 of Decree 102/2020/ND-CP when the verification is done.

- Within 01 working day from the ending date of the verification, the licensing authority shall issue the FLEGT license if the shipment is eligible, or inform the applicant and provide explanation if the application is rejected;

- Within 01 working day from the issuance date of the FLEGT license, the licensing authority shall provide the FLEGT license for the applicant, upload information about the issued FLEGT license to its website, and send a photocopy of the issued FLEGT license to the FLEGT authority of the importing country in EU.

Note: For export shipment of timber samples for commercial purposes, the application for the FLEGT license shall contain the following documents:

- Original copy of Form No. 11 in Appendix I of Decree 102/2020/ND-CP;

- Original copy of the packing list if the applicant is a Category I enterprise; Original copy of the packing list certified by a domestic forest protection authority if the applicant is not a Category I enterprise;

- Other documents proving legal origins of the export shipment of timber (if any).

More details can be found in Decree 102/2020/ND-CP, which comes into force from October 30, 2020.

Ty Na

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