Thông tư 40/2015/TT-BNNPTNT

CIRCULAR

AMENDING AND SUPPLEMENTING SEVERAL ARTICLES OF THE CIRCULAR NO. 01/2012/TT-BNNPTNT OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT DATED JANUARY 4, 2012 ON STIPULATING DOSSIERS OF LAWFUL FOREST PRODUCTS AND INSPECTION OF THE ORIGIN OF FOREST PRODUCTS

Pursuant to the 2014 Law on Forest Protection and Development;

Pursuant to the Government’s Decree No. 199/2013/ND-CP dated November 26, 2013 on defining functions, duties, powers and organizational structure of the Ministry of Agriculture and Rural Development;

After considering the request of the Director of the General Department of Forestry;

The Minister of Agriculture and Rural Development hereby enforces the Circular on amending and supplementing several articles of the Circular No. 01/2012/TT-BNNPTNT of The Ministry Of Agriculture and Rural Development dated January 4, 2012 on stipulating dossiers of lawful forest products and inspection of the origin of forest products.

Article 1. Amending and supplementing several articles of the Circular No. 01/2012/TT-BNNPTNT

1. Clause 7 Article 3 shall be amended and supplemented as follows:

 “7. Internal transportation means the transportation of forest products between dependent cost-accounting units such as forest farms, forestry companies, processing plants, branches or stores of an independent cost-accounting enterprise with the legal person status; or the transportation of forest products from an independent cost-accounting enterprise with the legal person status to its dependent cost-accounting units and vice versa.

Transportation of forest products from other places to product processing and warehousing facilities, and transportation of forest products from product processing and warehousing facilities to the delivery point between buyers and sellers as agreed upon in economic contracts for such shipments, shall be considered the internal transportation:.

2. Clause 1 Article 4 shall be amended and supplemented as follows:

“1. Volume of round timber, sawn timber and square timber shall be determined under the Ministry of Agriculture and Rural Development's regulations.

For stumps and roots, timber with complex shape, ornamental trees, trees for shadow or secular trees, including their roots, trunks, branches and leaves, which cannot be measured for determining their volumes, or timber harvested from forests which have not been planted in an consolidated manner and have not been classified by diameter ranges, they shall be weighed in kilogram (kg) and converted at the ratio of 1,000 kg equivalent to 1 m3 of round timber or measured in stere and converted at the ratio of one stere equivalent to 0.7 m3 of round timber.”.

3. Point c Clause 3 Article 5 shall be amended and supplemented as follows:

“c) He/she writes the total quantity, volume or weight of round timber, cut timber and sawn timber harvested from domestic natural forests with sizes smaller than those specified at Point b Clause 3 Article 5 hereof or timber harvested from forests which have been planted in a consolidated manner and have not been classified by diameter ranges.

With respect to the making of the general packing list of forest products as stated above, when use forest products as materials for the manufacture of different products, forest product owners must compile the list of forest products used for manufacture of each type of product and clearly state the origin specified in such list".

4. Point a and Point c Clause 1 Article 7 shall be amended and supplemented as follows:

“a) District-level forest ranger offices or provincial-level forest protection sub-departments in localities having no district-level forest ranger offices may certify the following forest products:

Unprocessed forest products exploited from domestic natural forests owned by exporting organizations;

Forest products of import origin and not yet processed in the country owned by exporting organizations or individuals;

Forest animals raised in the country and their parts or derivatives owned by exporting organizations, communities, households or individuals;

Confiscated unprocessed forest products owned by exporting organizations, communities, households or individuals;

Processed forest products manufactured from timber in domestic natural forests, imported timber and confiscated timber owned by exporting organizations, communities, households or individuals;

Forest products transported internally among places not in the same province or centrally run city”.

“c) Local forest protection agencies shall assist the Chairperson of the People's Committees of communes, wards or township (hereinafter referred to as communal People's Committee) in certifying unprocessed forest products manufactured from domestic natural forests owned by exporting communities, family households and individuals”.

5. Point b Clause 1 Article 9 shall be amended and supplemented as follows:

 “b) For timber eligible for forest ranger’s hammer-marking under the Ministry of Agriculture and Rural Development's regulations, such a dossier comprises a written certification of timber bearing forest ranger hammer marks enclosed with a packing list of forest products.”

6. Article 13 shall be amended and supplemented as follows:

“Article 13. Unprocessed forest products exploited from consolidated planted forests, home gardens, farms or scattered trees

1. A dossier of forest products exploited from consolidated planted forests, home gardens, farms or scattered trees owned by exporting organizations, including invoices stipulated by the Ministry of Finance at the time of forest product exportation and a packing list of forest products. 

2. A forest product dossier of an exporting community, household or individual: a packing list of forest products.”

7. Article 14 shall be amended and supplemented as follows:

“Article 14. Imported forest products which are not processed in the country

1. A dossier of a directly imported forest product shipment shall be governed under the provisions of Article 10 hereof.

2. A dossier of a forest product with the temporary import and re-export origin

a) A dossier of a forest product which has the import origin kept by exporting organizations including invoices stipulated by the Ministry of Finance at the time of forest product export and the packing list of forest products certified by forestry protection agency in their home countries.

b) A dossier of a forest product with the import origin kept by exporting organizations: a packing list of forest products certified by the forestry protection agency in their home countries”.

8. Point a Clause 2 Article 18 shall be amended and supplemented as follows:

 “a) A dossier of transportation of natural forest timer, imported timber, confiscated unprocessed timber; forest animals, parts and derivatives including a product dispatch and internal transportation note and a packing list of forest products certified by forestry protection agency in home countries”.

9. Clause 3 Article 22 shall be amended and supplemented as follows:

“3. All forest product inspections shall be conducted according to the legal processes and procedures; must be documented by using the form No. 03 or 04 (applicable to inspection of forest product exploitation) annexed to this Circular".

10. The phrase “invoices stipulated by the Ministry of Finance” shall be replaced by the phrase “invoices stipulated by the Ministry of Finance at the time of forest product exportation” at the Point b Clause 2 Article 7, Article 12, Article 15, Article 16 and Article 17.

11. The phrase “internal product dispatch note” shall be replaced by the phrase “product dispatch and internal transportation note" at Clause 1 and Point b Clause 2 Article 18.

12. Article 31 shall be supplemented with Clause 3 as follows:

“3. As for rubber timber and products manufactured from rubber timber, if it is necessary to present a dossier that helps accredit legal origin, product consigners shall make a list of forest products in accordance with regulations laid down in this Circular."

Article 2. Enforcement provisions

1. This Circular shall enter into force from December 2, 2015.

2. This Circular shall replace the Circular No. 42/2012/TT-BNNPTNT dated August 21, 2012 on amending and supplementing several articles of the Circular No. 01/2012/TT-BNNPTNT of the Ministry of Agriculture and Rural Development dated January 4, 2012 on stipulating dossiers of lawful forest products and inspection of the origin of forest products.

3. In the course of implementation, if there is any difficulty that may arise, organizations and individuals should send timely feedbacks to the Ministry of Agriculture and Rural Development for any proper solution./.