Latest procedures for issuance of FLEGT licenses in Vietnam

Latest procedures for issuance of FLEGT licenses in Vietnam
Quoc Tuan

The following article will provide detailed information regarding the latest procedures for issuance of FLEGT licenses in Vietnam.

Latest    FLEGT    License    Issuance    Procedure

Latest procedures for issuance of FLEGT licenses in Vietnam​ (Image from the internet)

On October 25, 2024, the Ministry of Agriculture and Rural Development of Vietnam issued Decision 3652a/QD-BNN-KL regarding the announcement of revised and supplemented administrative procedures; repealed procedures in the field of forestry under the management function of the Ministry of Agriculture and Rural Development of Vietnam.

Latest procedures for issuance of FLEGT licenses in Vietnam

(1) Implementation Sequence:

- Step 1: Submit the dossier

The timber owner submits the dossier directly or via public postal services or electronic means (National Single Window Portal or FLEGT Licensing System or National Public Service Portal) to the Department of Forestry.

- Step 2: Check the validity of the dossier.

The Department of Forestry checks the validity of the dossier. In case the dossier is invalid, within 2 working days from the date of receipt, the Department of Forestry notifies and guides the timber owner to complete the dossier via written form, email, or through the National Single Window Portal, FLEGT Licensing System, or National Public Service Portal.

- Step 3: Dossier appraisal and licensing

+ Within 5 working days from the receipt of a complete, valid dossier, the Department of Forestry checks the legality of the dossier and issues the FLEGT license; if not issuing a license, the Department notifies in writing stating specific reasons to the timber owner.

+ In case of signs of doubt regarding the legal origin of the timber batch proposed for FLEGT licensing, within 3 working days from the dossier receipt date, the Department of Forestry notifies in writing the timber owner, verification agency, and other related agencies, clearly stating the verification timeline. The Department of Forestry leads, cooperates with the verification agency and related agencies to organize verification of the legality of the timber batch. The verification period does not exceed 10 working days from the notification date. Upon completion of verification, a Verification Record must be prepared according to Form No. 12, Appendix I issued with Decree 102/2020/ND-CP. Within 1 working day from the end of verification, the Department of Forestry in case the timber export batch is eligible for licensing or provides a written notification clearly stating reasons for refusing the license to the timber owner.

- Step 4: Return of results

Within 1 working day from the date of issuing the FLEGT license, the Department of Forestry delivers the FLEGT license to the timber owner, publishes information about the issued FLEGT license on the Department’s website, and sends a copy of the issued FLEGT license to the FLEGT competent authority of the importing EU country.

(2) Implementation Method: Directly or via public postal services or electronic means (National Single Window Portal or FLEGT Licensing System or National Public Service Portal).

(3) Composition of the dossier:

* In case of exporting timber batches for commercial purposes:

- The original request for FLEGT license according to Form No. 11 in Appendix I issued with Decree 102/2020/ND-CP (Form No. 11 attached);

- Export timber list according to Form No. 05 in Appendix I issued with Decree 120/2024/ND-CP or Export timber product list according to Form No. 06 in Appendix I issued with Decree 120/2024/ND-CP. In case the timber owner is an enterprise in Group I, the timber list does not need verification from the local Forestry agency;

- A copy of the sales contract or equivalent;

- Invoice as prescribed by the Ministry of Finance (if available);

- Other supplemental documents providing evidence of the legal origin of the exported timber batch (if available).

* In case of exporting timber batches as samples for commercial purposes:

- The original request for FLEGT license according to Form No. 11 in Appendix I issued with Decree 102/2020/ND-CP (Form No. 11 attached);

- Export timber list according to Form No. 05 in Appendix I issued with Decree 120/2024/ND-CP or Export timber product list according to Form No. 06 in Appendix I issued with Decree 120/2024/ND-CP. In case the timber owner is an enterprise in Group I, the timber list does not need verification from the local Forestry agency;

- Other supplemental documents providing evidence of the legal origin of the exported timber batch (if available).

Refer to detailed contents at Decision 3652a/QD-BNN-KL effective from November 15, 2024.

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