Procedures for certifying the list of forest products in Vietnam 2023

Procedures for certifying the list of forest products in Vietnam 2023 (Internet image)

The Ministry of Agriculture and Rural Development of Vietnam issued Decision 374/QD-BNN-TCLN dated January 19, 2023, announcing new administrative procedures; administrative procedures to be amended, supplemented, and abolished in the forestry sector under the management function of the Ministry of Agriculture and Rural Development.

According to Decision 374/QD-BNN-TCLN, the procedures for certifying the list of forest products in Vietnam are as follows:

1. Application for certification of the forest product list in Vietnam 2023

1.1. Application for certification of common species of wood harvested from natural forests

* In case of exploitation of wood from common forest plant species from natural forest

- For mining within the site clearance:

+ The original of the application for certification of the list of forest products, made according to Form No. 06, Appendix Circular 26/2022/TT-BNNPTNT.

+ The original list of forest products corresponding to each type of forest product requested for certification according to Form No. 01, Form No. 03 or Form No. 04, Annex to Circular 26/2022/TT-BNNPTNT.

+ A copy of the approved plan for exploitation and utilization of common forest plant species from natural forests.

- For exploitation in the process of adjusting nests into forests, nurturing forests and applying other silvicultural measures:

+ The original of the application for certification of the list of forest products made according to Form No. 06 of Appendix attached to Circular 26/2022/TT-BNNPTNT.

+ The original list of forest products according to Form No. 01 in the Appendix attached to Circular 26/2022/TT-BNNPTNT.

+ A copy of the decision approving the silvicultural project or a copy of documents proving the implementation of silvicultural measures.

+ A copy of the approved plan for exploitation of common species timber from natural forests.

- In case of full exploitation of common forest plant species from natural forests

+ The original of the application for certification of the list of forest products, made according to Form No. 06 in the Appendix issued together with Circular 26/2022/TT-BNNPTNT.

+ The original list of forest products according to Form No. 01 in the Appendix attached to Circular 26/2022/TT-BNNPTNT.

+ A copy of the approved plan for exploitation and utilization of common forest plant species from natural forests.

1.2. Application for certification of forest products after confiscation

- For timber after treatment, confiscation

+ The original of the application for certification of the list of forest products, made according to Form No. 06 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ The original list of forest products corresponding to each type of forest product requested for certification according to Form No. 01, Form No. 02 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ The original of the forest product import and export monitoring book, for forest product owners being organizations or business households, according to Form No. 07 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ A copy of the list of forest products made by the Forest Protection Agency assigned to handle the property or a copy of the list of forest products made by the agency assigned to handle the property, certified by the local Forest Protection Agency.

- For forest products after confiscation that do not fall into the cases specified in Clause 1, Article 17 of Circular 26/2022/TT-BNNPTNT

+ The original of the application for certification of the list of forest products, made according to Form No. 06 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ The original list of forest products corresponding to each type of forest product requested for certification according to Form No. 02, Form No. 03, Form No. 04 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ The original of the forest product import and export monitoring book, for forest product owners being organizations or business households, according to Form No. 07 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ A copy of the list of forest products made by the agency assigned to handle the property.

1.3. Application for certification of timber and non-timber plants of natural origin, imported or cultivated on the List of endangered, precious, and rare forest plants and animals or the CITES Appendix

- For wood of natural origin, imported on the List of endangered, precious, and rare forest plants and animals or the CITES Appendix

+ The original of the application for certification of the list of forest products, made according to Form No. 06 in the Appendix issued together with Circular 26/2022/TT-BNNPTNT.

+ The original list of forest products corresponding to each type of forest product requested for certification, made according to Form No. 01 and Form No. 02 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ The original of the forest product import and export monitoring book, for forest product owners being organizations or business households, according to Form No. 07 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ A copy of the list of imported timber according to Form No. 01 or Form No. 02, Appendix I of Decree 102/2020/ND-CP stipulating the Vietnam Legal Timber Assurance System (Decree 102/2020/ND-CP) .

- One of the following documents:

+ In case of timber included in the CITES Appendix: A copy of the CITES permit for export or re-export issued by the CITES management authority of the exporting country or the re-exporting country; A copy of the CITES import permit issued by the CITES management authority of Vietnam;

+ In case timber is imported from a country that has signed a Legal Timber Agreement with the EU and is operating the FLEGT licensing system: A copy of the FLEGT export license issued by the competent authority of the exporting country;

+ In case the imported wood shipment is not specified at Point a or Point b, Clause 2, Article 7 of Decree 102/2020/ND-CP: A declaration of the origin of imported timber according to Form No. 03, Appendix I issued together with Decree 102/2020/ND-CP.

- For non-timber forest products of natural origin or imported on the list of endangered, precious, and rare forest plants and animals or the CITES Appendix

+ The original of the application for certification of the list of forest products, made according to Form No. 06 in the Appendix issued together with Circular 26/2022/TT-BNNPTNT.

+ The original list of forest products corresponding to each type of forest product requested for certification, made according to Form No. 03, Form No. 04 in the Appendix issued together with Circular 26/2022/TT-BNNPTNT.

+ The original copy of the forest product import and export monitoring book, for forest product owners being organizations and business households, according to Form No. 07 in the Appendix issued together with Circular 26/2022/TT-BNNPTNT.

+ For species included in the CITES Appendix:

A copy of the customs declaration as prescribed by law;

Copy or electronic copy of CITES import license according to Appendix III of Decree 84/2020/ND-CP amending Decree 06/2019/ND-CP
on the management of endangered, precious, and rare forest plants and animals and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

+ For species not included in the CITES Appendix:

A copy of the customs declaration as prescribed by law;

A copy of the list of forest products made by the owner of the forest product or a copy of the packing-list/log-list made by an organization or individual in accordance with the regulations of the exporting country.

1.4. Dossier for certification of wild animals and parts, derivatives, and products of wild animals of natural origin, imported or raised; CITES Appendices of endangered wild animals, excluding aquatic species

- For the exploitation of common wild animals, parts and derivatives of common wild animals from nature

+ The original of the application for certification of the list of forest products, made according to Form No. 06 in the Appendix to Circular 26/2022/TT-BNNPTNT;

+ The original list of forest products according to Form No. 04 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ The original of the forest product import and export monitoring book, for forest product owners being organizations or business households, according to Form No. 07 of Circular 26/2022/TT-BNNPTNT.

+ A copy of the plan for exploitation of common wild animals according to Form No. 12 in the Appendix to Circular 26/2022/TT-BNNPTNT.

- For purchase, sale, transfer of ownership, and domestic transportation of parts, derivatives, and products of wild animals originating from the wild, imported, or raised.

+ The original of the application for certification of the list of forest products made according to Form No. 06 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ The original list of forest products according to Form No. 04 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ The original of the forest product import and export monitoring book, for forest product owners being organizations or business households, according to Form No. 07 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ A copy of the list of forest products certified by the local Forest Protection Agency.

1.5. Profile of forest animals and parts, derivatives, and products of wild animals of imported origin; CITES Appendices of endangered wild animals, excluding aquatic species

+ The original of the application for certification of the list of forest products, made according to Form No. 06 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ The original list of forest products according to Form No. 04 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ The original of the forest product import and export monitoring book, for forest product owners being organizations or business households, according to Form No. 07 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ For species included in the CITES Appendix: The customs declaration according to the provisions of law; the original, a copy, or an electronic copy of the CITES import permit;

+ For species not included in the CITES Appendix: the customs declaration as prescribed by law; The original of the list of forest products made by the forest product owner; or the packing-list/log-list made by the organization or individual in accordance with the regulations of the exporting country.

- A dossier of forest products other than those specified at Points a, b, c, and d, Clause 3, Article 5, or industrial timber or finished wood products at the request of the forest product owner.

+ The original of the application for certification of the list of forest products made according to Form No. 06 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ The original list of forest products corresponding to each type of forest product to be certified according to Form No. 01, Form No. 02, Form No. 03, and Form No. 04 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ The original of the forest product import and export monitoring book, for forest product owners being organizations or business households, according to Form No. 07 in the Appendix to Circular 26/2022/TT-BNNPTNT.

+ A copy of the dossier of origin of forest products, for certification at the request of the organization or individual specified at Point dd, Clause 3, Article 5 of Circular 26/2022/TT-BNNPTNT.

2. Procedures for certifying the list of forest products in Vietnam 2023

Step 1: Submitting application

Forest product owners, organizations, and individuals authorized by forest product owners are authorized to submit directly, via postal service, or through the electronic environment, 01 set of documents corresponding to each type of forest product, requesting certification to the district-level Forest Protection Agency or Provincial FPD in localities where there is no district-level FPD (local FPD).

In case the forest product owner generates a quick response code (QR) containing the forest product dossier in the list of forest products, it is not required to submit the dossier specified at Points c, d, dd, e and g, Clause 7, Article 5 of the Circular 26/2022/TT-BNNPTNT.

In case of submission of documents through the electronic environment, comply with the provisions of Decree 45/2020/ND-CP.

Step 2: Receipt of application

In case of direct submission of dossiers: the local Forest Protection Agency shall check the dossier composition and immediately reply on the validity of the dossier components to the forest product owner or the organization or individual authorized by the forest product owner.

In case of submitting dossiers via postal service or electronic environment: within 01 working day from the date of receipt of the dossier, the local Forest Protection Agency shall consider the validity of the dossier components; In the event that the dossier is invalid as prescribed, a written notice shall be given clearly stating the reason.

Step 3: Verification and return of results

Within 02 working days from the date of receipt of a valid dossier, the local Forest Protection Agency shall certify the list of forest products; and the inventory of forest products in the forest product import and export monitoring book, for business organizations and households.

In case it is necessary to verify the origin of forest products, within 01 working day from the date of receipt of a valid dossier, the local Forest Protection Agency shall notify the forest product owner of the verification;

Within 3 working days from the date of notification, the local Forest Protection Agency shall verify, make a verification record according to Form No. 08 in the Appendix issued together with Circular 26/2022/TT-BNNPTNT, and complete the certification of the list of forest products; confirm the inventory of forest products in the forest product import and export monitoring book for organizations and business households;

In case there are many complicated contents, the verification and confirmation shall be done within 07 days.

In case of non-confirmation, reply in writing and clearly state the reason.

3. Time limit for handling procedures for certification of forest product declarations in Vietnam 2023

- In case no verification is required: 02 working days from the date of receipt of valid application.

- In case of verification: 04 working days from the date of receipt of valid documents.

- In case of verification with complicated contents: No more than 08 days from the date of receipt of valid application.

Decision 374/QD-BNN-TCLN takes effect as of February 15, 2023.

Vo Ngoc Nhi

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