Quyết định 39/2012/QD-TTg

DECISION

PROMULGATING THE REGULATION ON MANAGEMENT OF ORNAMENTAL TREES, SHADE TREES AND CENTURY-OLD TREES

Pursuant to the Law on Organization of the Government, of December 25, 2001;

Pursuant to the Law on Ranger and Development, of December 03, 2004;

Pursuant to the Customs Law, of June 29, 2001; and the Law Amending and Supplementing a Number of Articles of the Customs Law, of June 14, 2005;

At the proposal of the Minister of Agriculture and Rural Development,

The Prime Minister decides to promulgate the Regulation on management of ornamental trees, shade trees and century-old trees.

Article 1. Promulgated together with this Decision is the Regulation on management of ornamental trees, shade trees and century-old trees.

Article 2. This Decision takes effect on December 01, 2012.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People's Committees shall implement this Decision.

REGULATION

ON MANAGEMENT OF ORNAMENTAL TREES, SHADE TREES AND CENTURY-OLD TREES
(Promulgated together with the Decision No. 39/2012/QD-TTg of October 5, 2012, of the Prime Minister)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment and subjects of application

1. Scope of adjustment: This Regulation stipulates the management of transport, storage, trading, export, import, temporary import for re-export, border-gate transfer and transit of ornamental trees, shade trees and century-old trees.

2. Subjects of application: This Regulation is applied to domestic organizations, population communities, households and individuals and foreign organizations and individuals that conduct business activities of these types of tree in the territory of the Socialist Republic of Vietnam.

In case an international convention to which the Socialist Republic of Vietnam is a contracting party provides otherwise, regulations of such international convention shall be applied.

Article 2. Interpretation of terms

A few of terms in this Regulation are construed as follows:

1. Ornamental trees, shade trees are woody plants with roots, trunk and branches, with or without leaves, and with a trunk diameter at the close-root position (the ground position where the tree grows naturally) of at least 25 centimeters (cm) and a trunk length of at least 1 meter (m) from the close-root position to the lowest point of branching.

2. Century-old trees are woody plants with roots, trunk and branches, with or without leaves, of an age of over 50 years or with a trunk diameter of at least 50 cm at the position of 1.3 m from the ground.

3. CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

4. CITES permit means a permit granted by the CITES Management Authority of Vietnam for export, import, re-export or introduction from the sea of endangered wild fauna and flora species specified in the CITES appendices.

5. Local ranger agencies include ranger bureaus of districts, towns and provincial cities (hereinafter referred to as district-level ranger bureaus); ranger bureaus of special-use forests and protection forests; and provincial-level ranger sub-departments, for localities where no district-level ranger bureaus is established.

Article 3. Confirmation of origin of ornamental trees, shade trees and century-old trees

1. Agencies competent to confirmation

a/ District-level ranger bureaus or provincial-level ranger sub-departments, for localities where no district-level ranger office is established, shall confirm the origin of:

Trees exploited from domestic natural forests or densely-planted forests and sold by organizations;

Imported trees planted and sold by organizations and individuals;

Trees confiscated and later sold by organizations, population communities, households or individuals.

b/ Ranger bureaus of special-use forests and protection forests shall confirm the origin of sold trees lawfully exploited from special-use forests or protection forests and confiscated trees according to their handling competence.

c/ People's Committees of communes, wards and townships (hereinafter referred to as commune-level People's Committees) shall confirm the origin of:

Trees exploited from home gardens, farmsteads or planted with scatter and sold by organizations;

Trees exploited from domestic natural forests, densely planted forests, home gardens, farmsteads or planted with scatter and sold by population communities, households or individuals.

2. Order and procedures for requesting confirmation

a/ An owner of ornamental trees, shade trees or century-old trees shall submit a set of dossier requesting confirmation of ornamental trees, shade trees or century-old trees directly to a competent state agency defined in Clause 1 of this Article.

b/ An (original) dossier of request for confirmation includes a list of ornamental trees, shade trees or century-old trees, made according to the form issued together with this Regulation, value-added invoices or sale invoices in accordance with regulations of the Ministry of Finance (if any) and documents on the origin of such trees.

3. The confirmation time

a/ The time of confirmation and returning results at a confirming agency is not over 03 working days after receiving a complete dossier as prescribed. In case checking the dossier and ornamental trees, shade trees or century-old trees are ensured to be proper with regulations, the confirmation must be conducted immediately.

In case the dossier is invalid, the dossier-receiving agency shall notify such to the owner of ornamental trees, shade trees or century-old trees and guide to complete dossier.

b/ In case it is necessary to verify the origin of trees before making confirmation, the dossier-receiving agency shall notify such to the owner of ornamental trees, shade trees or century-old trees and verify unclear problems on the dossier, origin, quantity, volume, species of trees, upon ending verification, must make record of verification. After finishing verification, if no violation is detected through the verification, the confirmation must be conducted immediately. The confirmation time in case of verification is maximally not over 5 working days after the receipt of a complete and valid dossier.

In case of detecting violation through the verification, it is required to make a dossier for handling in accordance with law.

c/ The representative of the confirming state agency shall record his/her confirmation of contents stated by the owner of ornamental trees, shade trees or century-old trees in the dossier, including serial numbers and dates of attached invoices and the registered plate number of the transport vehicle (if any); date of confirmation; his/her signature, full name and position and his/her agency's stamp in the list, and take responsibility before law for the accuracy of confirmed contents and lawful origin of ornamental trees, shade trees or century-old trees.

For confirmation of origin of ornamental trees, shade trees or century-old trees by the commune-level People's Committee (for communes with local ranger agencies) as specified at Point c, Clause 1 of this Article, the local ranger agencies shall sign in the list. Local ranger agencies shall also take responsibility before law for the accuracy and lawful origin of ornamental trees, shade trees or century-old trees.

Article 4. Principles of export, import, temporary import for re-export, transit, and border-gate transfer of ornamental trees, shade trees or century-old trees

1. Only ornamental trees, shade trees and century-old trees planted by organizations, population communities, households or individuals and trees imported for trading may be exported.

2. Upon performing export, import, temporary import for re-export, transit or border-gate transfer of ornamental trees, shade trees or century-old trees, the owner of such trees must do customs procedures and accept inspection and supervision of customs agencies in accordance with current regulations.

Chapter II

DOSSIERS OF DOMESTIC TRANSPORT, STORAGE OR TRADING OF ORNAMENTAL TREES, SHADE TREES AND CENTURY-OLD TREES

Article 5. Dossiers of transport, storage or trading of ornamental trees, shade trees and century-old trees with origin from densely planted forests, home gardens, farmsteads or scatter planting

1. A dossier of ornamental trees, shade trees or century-old trees with origin from densely planted forests and sold by an organization includes sale invoices or value-added invoices as prescribed by the Ministry of Finance, attached with a list of these ornamental trees, shade trees or century-old trees confirmed by the local ranger agency.

2. A dossier of ornamental trees, shade trees or century-old trees with origin from home gardens, farmsteads or scatter planting and sold by an organization includes sale invoices or value-added invoices as prescribed by the Ministry of Finance, attached with a list of these ornamental trees, shade trees or century-old trees confirmed by the commune-level People's Committee.

3. A dossier of ornamental trees, shade trees or century-old trees sold by a population community or household or an individual is a list of these ornamental trees, shade trees or century-old trees confirmed by the commune-level People's Committee.

Article 6. Dossiers of transport, storage or trading of ornamental trees, shade trees and century-old trees with origin exploited from natural forests

During their transport, storage or trading, ornamental trees, shade trees and century-old trees with natural forest origin which are permitted by a competent agency to be fully exploited from land areas reclaimed for forestation, ground clearance for the construction of works or use for other lawful purposes need the following dossiers:

1. A dossier of ornamental trees, shade trees or century-old trees sold by an organization includes sale invoices or value-added invoices as prescribed by the Ministry of Finance, attached with a list of these of ornamental trees, shade trees or century-old trees confirmed by the local ranger agency.

2. A dossier of ornamental trees, shade trees or century-old trees sold by a population community or household or an individual is a list of these ornamental trees, shade trees or century-old trees confirmed by the commune-level People's Committee.

Article 7. Dossiers of transport, storage or trading of confiscated ornamental trees, shade trees or century-old trees

1. A dossier of ornamental trees, shade trees or century-old trees handled and sold by a competent state agency includes sale invoices as prescribed by the Ministry of Finance, attached with a list of such trees made by the selling agency.

2. A dossier of ornamental trees, shade trees or century-old trees sold by an organization includes sale invoices or value-added invoices as prescribed by the Ministry of Finance, attached with a list of these trees confirmed by the local ranger agency.

3. A dossier of ornamental trees, shade trees or century-old trees sold by a population community or household or an individual includes a list of these trees confirmed by the local ranger agency.

Article 8. Dossiers of transport, storage or trading of ornamental trees, shade trees or century-old trees with origin from import

1. A dossier of ornamental trees, shade trees or century-old trees sold by an organization includes sale invoices or value-added invoices as prescribed by the Ministry of Finance, attached with a list of these trees confirmed by the local ranger agency.

2. A dossier of ornamental trees, shade trees or century-old trees sold by an individual is a list of these trees confirmed by the local ranger agency.

Article 9. Dossier of transport, storage or trading of ornamental trees, shade trees or century-old trees which are temporarily imported for re-export or in transit or border-gate transfer and transported in the Vietnamese territory

1. Customs declaration of these trees confirmed by a border-gate customs office according to current regulations.

2. Packing list of these trees made by the foreign exporter.

3. Certificate of quarantine of imported or transited and domestically transported plants as prescribed by the Ministry of Agriculture and Rural Development (the original).

4. CITES permit, for plant species under the list in CITES Appendices I, II (the original).

5. For trees temporarily imported for re-export or in transit or border-gate transfer, if in the course of transport, these trees are unloaded in the Vietnamese territory for forwarding due to change of means of transport or transshipment at a port or station, a dossier for the next step of their import for re-export, transit or border-gate transfer includes a packing list of trees for each means of transport, attached with a certified copy of the dossier of these trees specified in Clauses 1, 2 and 3 of this Article.

Chapter III

IMPORT, EXPORT, TEMPORARY IMPORT FOR RE-EXPORT, TRANSIT AND BORDER-GATE TRANSFER OF ORNAMENTAL TREES, SHADE TREES AND CENTURY-OLD TREES

Article 10. Import of ornamental trees, shade trees and century-old trees

1. Goods owners must present customs dossiers in accordance with current regulations.

In addition, goods owners must present the original of quarantine certificates of imported plants in accordance with regulations of the Ministry of Agriculture and Rural Development and the original of CITES permits for plant species in the lists in CITES Appendices I and II.

2. In case ornamental trees, shade trees and century-old trees imported are subject to adjustment of bilateral trade agreements or bilateral agreements between the Socialist Republic of Vietnam and bordering countries, import dossiers and procedures comply with the provisions of such agreements.

Article 11. Export of domestically-planted ornamental trees, shade trees and century-old trees

Upon carrying out export procedures, goods owners must present dossiers of ornamental trees, shade trees or century-old trees as specified in Article 5, Chapter II of this Regulation and customs dossiers in accordance with current regulations.

In addition, goods owners must present the original of quarantine certificates of exported plants in accordance with regulations of the Ministry of Agriculture and Rural Development and the original of CITES permits for plant species in the lists in CITES Appendices I and II.

Article 12. Export of ornamental trees, shade trees and century-old trees with origin from import

In addition to customs dossiers, goods owners must present dossiers of ornamental trees, shade trees or century-old trees as specified in Article 8, Chapter II of this Regulation and certificates of quarantine of imported plants in accordance with regulations of the Ministry of Agriculture and Rural Development (originals in case of single export or copies in case of multiple export with originals presented for comparison).

Article 13. Temporary import for re-export, border-gate transfer and transit of ornamental trees, shade trees and century-old trees

Upon temporary import for re-export, border-gate transfer or transit of ornamental trees, shade trees and century-old trees, goods owners must present customs dossiers, carry out customs procedures and accept the goods inspection and supervision of border-gate customs offices in accordance with current regulations.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 14. Responsibilities of ministries and sectors

1. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of Natural Resources and Environment, the Ministry of Finance and the Ministry of Industry and Trade in, directing provincial-level People's Committees in intensifying direction and inspection to detect and strictly handle organizations and individuals conducting acts of exploitation, transport, storage, trading, import or export of ornamental trees, shade trees and century-old trees contrary to regulations of state; and direct the ranger force, plant quarantine offices and the CITES Management Authority of Vietnam in properly implementing this Regulation.

2. The Ministry of Finance shall direct customs agencies and tax offices in properly implementing this Regulation and regulations relating to import, export, temporary import for re-export, border-gate transfer and transit of ornamental trees, shade trees and century-old trees.

3. The Ministry of Industry and Trade shall direct the market management agency in actively coordinating with relevant agencies in inspecting the proper implementation of this Regulation and regulations relating to circulation and trading of ornamental trees, shade trees and century-old trees.

4. The Ministry of Public Security, the Ministry of National Defense and relevant ministries and sectors shall, within their functions, tasks and powers, coordinate with the Ministry of Agriculture and Rural Development in organizing the implementation of this Regulation.

Article 15. Responsibilities of provincial-level People's Committees

Provincial-level People's Committees shall direct their local People's Committees at all levels in managing the trading of ornamental trees, shade trees and century-old trees in accordance with law; and implement the inter-sector coordination mechanism in the management of the implementation of this Regulation.-