Law No. 5531
Acceptance Date: 29/06/2006
PART ONE Purpose, Scope and Definitions Article 1
Purpose The purpose of this Act; forestry faculty of and woodworking industry engineer training at least a four-year undergraduate degree in approved equivalency or from higher education institutions abroad in Turkey are graduates of higher education institutions, of having those engineers title, in Article 4 in accordance with the legislation of the relevant transactions with specified activities, healthy and reliable way to ensure the functioning and realization, to check the relevant legislation of the operating results of the judging panel, keeping the real situation concerned and to offer an unbiased manner to the benefit of public authorities, forest, forestry and woodworking forestry to achieve professional standards of the industry works and forest products, the establishment of offices , the activities and supervision with appropriate engineering expertise in professional activities right, authority and responsibility to regulate the working principles.
Scope Article 2 of this Act; forestry, forest and wood industry and the engineering profession dealing with real places with employees of the entity, regardless of any place of business with service contract, include those that are free in their own name and account executive.
Article 3 Definitions For the purposes of this Act;
A) The Ministry of Environment and Forestry Ministry,
b) B: Turkish Engineers and depending on the Architects Chambers Union Chamber of Forest Engineers, the
c) engineer: have completed at least four years of undergraduate education, forest engineer, forest engineer, forest industry engineers and woodworking industry engineer the
d) members of the profession of engineers title conferred is authorized person in accordance with Article 5 to establish the office forestry and forest products under this Law,
d) Supervisor: in vocational subject knowledge and experience, use for the benefit of natural and legal persons who want counseling, not in any organic link with the people he worked as consultant, consulting service offered by people from consulting any non-profit providers of outside money,
e) Technical advisers: in matters of the profession, science and service providers that contribute the idea of making the service in accordance with the technical
f) Expert: in matters of the profession, making the necessary investigation on the scene or file valuation, price-fixing and other works related report writing services that service servers,
g) in forestry and forest products firms: those with Engineer title, regardless of the place of business and professional services contract that they can exercise freely their own name and account, technical consultancy and advice they can make free forestry and forest products firms with free certified forestry and forest products, offices,
i) Responsible manager: Forestry and forest products bureaus, that the technical and administrative management, office staff claimed responsibility for the operation in accordance with regulations, licensing professionals have received the express
SECTION General Provisions
Article 4 shown below, according to the profession's issues specialist areas:
a) activities of forest engineers include:
1) State forests, in addition, public lands, public institutions and on land belonging to institutions, real and legal entities to set up on land belonging to the natural and artificial forests.
2) including existing forest, forest maintenance and improvement, reconstruction of degraded forests and make the correction.
3) make energy forest plants and maintenance.
4) Forest tree, carrying out immunization activities in the production of seeds of shrubs and flora.
5) seed of forest trees and shrubs and trees to carry out the reclamation activities.
6) Forest nursery building, managing, operating, forest seedlings and plant transplant, to carry out the activities of standardization and certification.
7) afforestation, erosion, flood and avalanche control, watershed management, integrated watershed rehabilitation and rural development planning, design and make applications work.
8) in the forest, to determine the edge of the woods and meadows of the upper limit of the border, breeding, preservation, planned to do its work.
9) of forest soil survey, analysis, improvement and determine site quality, habitat analysis, inventory and marking work on existing maps.
10) reproduction of game and wild animals in forest areas, inventory of forest ecosystem by hunting in the direct or wild animals with indirect habitat connectivity, conservation area and reserve area segregate that planning should resort to the management of the business.
11) the development of water resources within the forest, study, inventory, planning and make the project work.
12) national parks, forest determination of rest and recreation areas and forest recreation areas, distinguished, inventory and regulation, recreation management and operations, long-term development plan of study, trees do Relieve plans.
13) make appropriate applications of landscape plans.
14) Forest resource planning, forest limitation, the interpretation of land ownership and to work, to interpret satellite images and aerial photographs of forestry in line with the objectives and process on the existing maps.
15) Forest fires and combating pests, forest roads and forest paths and fire safety planning should strips, the study, construction, maintaining and control.
16) forest ecosystems, the establishment of forest biotope space with genes and biosphere reserves, forest trees, shrubs and planned conservation area of the gene of flora, establishment and make the management of affairs.
17) Urban forestry activities, forest landscaping, make environmental impact assessment activities in forest areas.
18) forest ecosystems of flora and faunayl business and operations.
19) Forest and do similar work and services related to forestry work above.
B) the activities of the forest industry engineers include:
1) Woodchoppers of raw materials, cutting, peeling, cutting, making the deformation process.
2) by YONGALAM the raw wood or separating the fibers and without using adhesives or pressing, steaming, drying and impregnating without changing the structure of the transaction, such as changing or manipulating the physical and chemical means.
3) wood, veneer sheets, paper, producing cellulose and other semi-finished products and use them, the forest products plants, fixed and movable furniture and furniture Subject to the wood, joinery, doors, windows, flooring, wooden structures and elements make their production activities.
4) non-wood forest products in the processing plant; quality control, costing, inventory control and designing activities.
C) Woodworking activity of industrial engineers include:
1) Woodworking Subject to the wood using other industrial materials and located wood and its derivatives in the industry and movable furniture, woodwork, boats, sauna, prefabricated homes, hardwood , caravan, make the production activities of the wooden parts of the house.
2) impregnating and drying equipment and woodworking products like the design and manufacture to make their activities.
Rights, powers and responsibilities Article 5 Members of the profession, in Article 4, limited to the specified activities; To conduct research and development activities, to environmental accounting, to discovery, to determine damages, cost calculations, to prepare feasibility report, to design activities, plan and project preparation and implementation, to standardization work, to certification, to quality control, to inventory control, audit making, to inspection, to arbitration, to provide expert technical consultancy to consultancy to the certified consulting and making expertise, to prepare reports, forestry and forest products to open the free sworn consultancy firm with free consultancy firm in issue, laboratories, open, establish businesses and private institutions them to do and they are responsible directorate managing the execution of forestry quarantine and guidance seedlings required for all kinds of wood and non-wood forest products by including the forest industry, all kinds of forestry work, plant, equipment and services related to edevat the export and import process alone , joint activities in the field is the authority to make and implement together with other professionals authorized by the legislation. rights and powers specified in this paragraph, the room used by the registered members of the profession.
Article 4 on the basis that the Ministries of private legal entities and natural persons operating in the fields of employment had to comply with the engineers determined by a regulation to be prepared by the Chamber on the appropriate view. Members of the profession and examination requirements of being
terms of being a member of the profession include:
a) General conditions:
1) be a citizen of the Republic of Turkey.
2) are entitled to use the marital rights.
3) To be deprived of public rights.
4), except for negligent offenses, more than three months imprisonment or state security, constitutional order and the functioning of this order, national defense, the State Crimes against the secrets and crimes against relations with foreign states with espionage or embezzlement, extortion, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy, smuggling or not convicted of criminal mischief in the tender.
5) no case did not fit the honor and dignity of the profession.
B) self-employed to be searched those to be special circumstances:
1) forest engineer, forest industry engineers and woodwork is a graduate of the industrial engineer training undergraduate and graduate-level training in the higher education institutions, engineers or have senior engineer title .
2) gain vocational experience to have worked a year next to the appropriate self-employed or self-certified professionals in their own field of expertise.
3) to have won the self-employed mensuplug exam.
4) mensuplug to be self-employed receive the license.
C) Free certified professionals to be those to be special conditions to be met:
1) at least ten years have worked as a self-employed.
2) to have won the free mensuplug certified professional exam.
3) Free profession mensuplug to be sworn receive the license. forest in
public institutions and organizations, forestry and wood which of the tasks they are working in the public sector who served as an engineer in the relevant works with industry will be counted from the professional experience period, which the self-employed the title of winning the exam requirement for those on duty will not be searched and which worked in will be counted as passed in the liberal professions mensuplug of time Ministry indicated in a regulation to be issued by the Chamber on the appropriate view.
Mensuplug and self-employment is made in writing by certified professional mensuplug free exam room. The examination commission consists of seven members. Two of the members of the Ministry, General Directorate of Forestry by one, two by the Higher Education Council, both elected by the Chamber.
Examination commission members, forest faculty teaching in the or graduate-level woodworking industry engineer title of graduates who have graduated from higher education institutions, professional with regard to have worked for at least fifteen years in the public or private sector, or they must have done a faculty member until this time. Making self-employed mensuplug exam with the working principles of the exam commission basis upon approval of the Ministry of the regulation to be prepared by the Chamber. Examination of successful self-employed and given free license document certified by the Chamber to the members of the profession.
Free forestry and forest products firms Article 7 registered and licensed professionals in the Room, enumerated in Article 4 and border issues in the activities specified in the regulation; provide expert consulting, technical consulting and other work can have an independent forest products firms with independent forestry consultants, including by individual rather than a job connected without freely make their forestry and forest products, office or activities in their own name and account.
Room registered and licensed professional contacts, forestry and forest products firms, partnership firm or company can combine form. The activities carried out in the office is not considered commercial activities. If the company operated as criminal liability arising from the work to be done, it belongs to the professionals to do the job. organization and operating principles of forestry and forest products
office specified in the regulation to be prepared by the Chamber.
Free certified forestry and forest products firms
Article 8 free certified forestry and forest products offices by the documents have been approved given to public institutions, laws authorized officers of the public administration in accordance with accepted as a document examined affirmation extent of the coverage. However, the inspection authority granted to the public through various laws, reserved for matters relating to the use of supervision and inspection authority.
Free certified professionals are responsible for the accuracy of their affirmation.
Free certified professionals, in the absence of affirmation that they do it right, to be limited by the scope of affirmation, all kinds of damages and losses suffered by the owners of the business jointly with the legal consequences and are jointly and severally liable.
Who practice the profession according to the provisions of this law, are reserved responsibilities of other laws.
Free certified professionals of the 5 th scope of their respective work according to the material, subject, exam and working principles, approval authority and principles, issues related to the certified title of removal and delegation of Ministers are determined by the Regulations to be issued by the Council within six months from the date the law enters into force .
Article 9 free certified professionals, before the actual start of the mission, in the magistrate's court, "my profession knowing that it is a public service, the Constitution, laws, professional rules and professional will conform to ethics, complete independence my job, it will exercise impartiality and integrity, attention to the work that I do my part, and I swear on my honor that I will honor and care. " He says swear by.
Prohibitions and Penalties
ARTICLE 10 free certified professionals, divorced, even if the spouse, ascendants and descendants of up third degree in the first degree, the degree of blood and beech relatives or their partners to not look at the firms they work. Free certified professionals can not certify the work he looked at the proximity of the above-mentioned self-employed.
Expertise, liquidation officer, board member duties of charitable and scientific institutions is not considered incompatible with the profession works.
Task-related offenses Article 11 Members of the profession, for the crimes they committed because of tasks, depending on the nature of the acts, shall be punished in accordance with the provisions of the Turkish Criminal Code relating to public officials.
Disciplinary sanctions ARTICLE 12 Personal office or affiliate office in, or companies, who run those prohibited from profession, if in any way with these people get cooperating related professions, the profession's dignity and located in honor of the illegal acts and motion, while doing their jobs or who are imperfect , or about with the jarring motion of confidence in the job, following disciplinary action according to the nature and severity of the act, according to the preliminary investigation of the Board Room Board Room discipline Committee is given.
A) Penalties include:
1) Warning: the executive members of the profession to profession is notified in writing that he should be more careful.
2) Condemnation: The behavioral tasks and members of the profession is to be notified in writing that he considered flawed.
3) temporary detention of the professional activity: Professional title Without prejudice to less than six months, is to retain the professional activity, but not much of one year.
4) remove the Chartered adjectives: the abolition of the sworn oath of free professional title.
5) business: a license of the professional members of the profession by taking a sneak back must not be allowed to execute.
B) which states in what is set out below will be given penalties:
1) the occupational rules of the profession with dignity and honor of the illegal acts and warn the confidence required for the post to which the movement first on professionals in the jarring motion, censure imposed in progress.
2) Position the independence, impartiality and integrity to make or defective or temporarily engaged in the depravation of professional activity for professionals who act contrary to the general principles of the profession in this Code.
3) Certification authority to reality by the Ministry used in violation detected for the first time and temporarily professional activity detention on free certified professionals that connects to the report, this matter again at a detention remove the sworn title if the final by a court decision.
4) Business intentional unlawful transactions with doing their application with the State owns, that destroyed public institutions, the destruction of forests, the limit of causing the collapse, in which case they are given the penalty of dismissal from profession to profession finalized by a court decision.
5) a three-year period in two or more behaviors that require disciplinary action to the professionals in the applicable heavier penalty than the previous one for each new offense.
6) shall be punished with detention after the sentence twice in the five-year period professional activity dismissal from the profession about the actual re-working professionals who require the punishment imposed.
Honorary Board decided to implement a very serious or a very mild disciplinary provisions verebilir.takibat plant and discipline investigation and disciplinary action does not preclude the application. disciplinary punishment can not be given without the defense about the profession. Honorary Board on those days to defend within the time given, not less, shall be deemed to have waived the defense. Disciplinary penalties are applied from the date of the final.
Warnings and reprimands are final. The temporary retention of professional activity, the title of certified removal and punishment of dismissal within thirty days of the Union of Chambers of Turkish Engineers and Architects can be appealed to the High Honor Board. Board Room or related professions against the High Honor Board's decision may apply to the Administrative Court.
Honorary Board's work and discipline, principles of implementation of the provisions is set out in regulations to be issued by the Chamber.
Non-sworn members of the liberal professions, 6235 Chambers of Turkish Engineers and Architects Association awarded disciplinary action according to the law.
SECTION FOUR Miscellaneous and Final Provisions Article 13 Fees Fees
refers to the amount which corresponds to the service of the profession. The amount of charge is determined by the minimum rate. business adoption is prohibited under the tariff minimum amount of discipline to be imposed Unlike moving.
Tariff, organized by the Chamber and applied.
Article apply to the 14 self-employed mensuplug and vocational entitlement to enforcement, acquired professional rights, licenses, holders of independent certified professionals by professionals books and records with their notification obligations, the procedures for granting professional register and registration number and guidelines, prepared by the Chamber are determined by regulation to be published in the Official Gazette.
From the date of entry into force of the regulations envisaged in this law is put into force within six months. Acquired rights
PROVISIONAL ARTICLE 1 Forest Engineer or Forest Engineer landscape of graduates prior to the date 31.12.1989 with the title of planning is and will continue to apply the rights and powers.
Enforcement Article 15 of this Law shall enter into force on the date of publication.
Article 16 of this Law shall be enforced by the Executive Council of Ministers.