Procedures for replacing the FLEGT license in Vietnam

Procedures for replacing the FLEGT license in Vietnam (Internet image)

The Government provides guidance on the procedures for replacing the FLEGT license in Vietnam in Article 18 of Decree 102/2020/ND-CP regulating the Vietnam Timber Legality Assurance System as follows:

First, subject of procedures: an FLEGT license will be replaced if it is lost, damaged or incorrect.

Second, an application for replacement of the FLEGT license shall consist of:

1. If the physical FLEGT license is lost: Original copy of Form No. 13 in Appendix I of Decree 102/2020/ND-CP;

2. If the physical FLEGT license is damaged or incorrect: Original copy of Form as specified in Point 1 and original copy of the FLEGT license issued;

3. If the electronic FLEGT license is incorrect: Original copy of Form No. 13 in Appendix I hereof and electronic copy of the FLEGT license issued.

Third, the form of submitting the application: 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).

Fourth, the procedures:

- Step 1: The owner shall submit 01 application prescribed in Clause 3 of this Article to the licensing authority. 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 2: 

+ In the cases specified in Point a Clause 3 of Article 18 of Decree 102/2020/ND-CP: Within 02 working days from the receipt of the valid application, the licensing authority shall send General Department of Customs a request for verification of the customs clearance status of the shipment to which the FLEGT license is granted. Within 01 working day, from the receipt of the response from General Department of Customs, the licensing authority shall decide whether to replace the FLEGT license or reject the application, in which case the licensing authority shall inform the applicant and provide explanation;

+ In the cases specified in Point b and Point c Clause 3 of Article 18 of Decree 102/2020/ND-CP: Within 03 working days from the receipt of the valid application, the licensing authority shall decide whether to replace the FLEGT license or reject the application, in which case the licensing authority shall inform the applicant and provide explanation;

- Step 3: Within 01 working day from the replacement 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.

- Step 4: The specimen of the replacing FLEGT license specimen is provided in Form No. 10 in Appendix I hereof. The replacing license shall contain all information on the original license and bear the words “giấy phép thay thế” (“replacement”). The replacing license shall have the same expiration date as that of the original license.

Note: The specimen of the replacing FLEGT license specimen is provided in Form No. 10 in Appendix I of Decree 102/2020/ND-CP. The replacing license shall contain all information on the original license and bear the words “giấy phép thay thế” (“replacement”). The replacing license shall have the same expiration date as that of the original license.

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

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE