Circular 01/2012/tt-Bnnptnt Records: Rules Of Forest Products And To Check The Origin Of Forest Products

Original Language Title: Thông tư 01/2012/TT-BNNPTNT: Quy định hồ sơ lâm sản hợp pháp và kiểm tra nguồn gốc lâm sản

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The CIRCULAR stipulated the legal forest products profile and check the source forest products _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on forest protection and development of 3 December 2004;
Pursuant to Decree No. 23/2006/ND-CP dated 3 March 2006 from the Government about the implementation of the law on the protection and development of forests;
Pursuant to Decree No. 01/2008/ND-CP dated 9 January 2008 and Decree No. 75/2009/ND-CP dated September 10, 2009 by the Government about amending article 3 of Decree 1/2008/ND-CP of March 1, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
The Ministry of agriculture and rural development regulation the legal forest products profile and checking the origin of forest products as follows: chapter I GENERAL PROVISIONS article 1. Scope this regulation circular profile of forest products and to check the origin of wood, forest products out of wood (here written as forest products) on the territory of the Socialist Republic of Vietnam.
Article 2. The object that applies to this circular apply to organizations, communities, households and individuals in the country; organizations, foreign individuals have active extraction, transport, processing, trading, storing forest products on the territory of the Socialist Republic of Vietnam.
Article 3. Explanation of terms some of the wording in this circular are interpreted as follows: 1. The agency based in Rangers include: Nuts foresters, special-purpose forests, nuts foresters protective forests; Nuts foresters district, town, city, County (here written as Nuts foresters district level); FPD province, the central cities in the locality has no Nuts foresters at district level.
2. The profile of forest products are the materials of forestry products is established, stored at production facilities, business and circulation along with forest products forestry products during the extraction, sale, transport, processing, store.
3. Forest products out of wood is forest animals, forest plants not qualified is the wood specified in point b, c, paragraph 3, article 5 of this circular and the parts, derivatives of them.
4. Derivative of jungle animals, plants of the forest is the entire physical form is removed from the forest animals, forest plants such as: blood, room suite of jungle animals; resins, essential oils are taken out from the unprocessed forest plants.
5. Lists forest products forestry products catalogue record is in the same time trials, purchase, sale, export, import or transport forest products on a medium as prescribed in the model No. 1 attached to this circular.
6. As import, export of forest products is notepads forest products import, export of Mining Organization, processing, forest products business as prescribed in the model No. 2 attached to this circular.
7. internal transport is the case of forest products are transported between dependent accounting units such as: forestry, forestry companies, processing plants, branches, shops ... in a business has a legal personality and independent accounting; or in the case of forest products are transported from businesses have legal personality and independent accounting to the accounting organization and vice versa.
The case of the owner of the forest or the organization or individual purchase of forest products in the form of a standing tree, purchase the shipping from inventory or tapping wood processing facilities as well as its internal transportation.
8. confirmation of forest products is to determine the legality of forest products profiles and the fit between the profile with forest products.
9. Forest products are unprocessed forest products after extraction, import, handling confiscated not yet affected by the types of tools, equipment, and keep the original size, shape.
Article 4. Determine the number, mass forestry products 1. Determine the volume of round timber, sawn, hewn timbers follow regulations on management and close the article tree hammer, hammer Rangers of the Ministry of agriculture and rural development.
As for the original wood, roots, wood has a complex shape, tree wood, ancient trees, shade tree including roots, trunk, branches, leaves, if not able to measure the diameter, length to determine the volume, then the weight unit is kilometers grams (kg) and 1,000 kg of base conversion in 1 m3 of round wood or measure , calculated according to the unit and convert just 1 ster by 0.7 m3 round wood.
2. Determine the number of forests for animals is the individual number and weight as the unit is kg; the case could not determine the number of individuals then the weight according to the unit is kg.
For parts, derivatives of animals, plants of the forest determines volume by weight as the unit is kg or by volume according to the unit's mi-li-liters (ml) If parts, derivatives of jungle animals in liquid form.
3. Determine the amount for forest products from the forest outside wood plants by weight as the unit is kg.
Article 5. Forest products statistics table 1. The template lists forest products attached to this circular apply uniformly for organizations, communities, households and individuals.
2. Lists of forest products by organizations, communities, households and individuals have active exploitation, import, export of forest products created when testing, close the hammer Rangers or trials, export of forest products at the same time and a means of transportation.
Organizations, communities, households and individuals establish lists of forest products is responsible before the law about the accuracy and the origin of forest products in the inventory table.
3. Methods of establishing a forestry statement) forest products full logging of forest products in the forest products statistics table.
b) details for the single, monolithic, wood wooden heels chipped wood, round-repenting first small diameter core from 10 cm to 20 cm, length from 1 metre upwards or small head diameter of 20 cm or over in length from 30 cm or more and the sheets, lumber boxes hewn timber, length from 1 m upwards, the width of 20 cm or more and a thickness of 5 cm and over.
c) combined Record number, volume or weight for round timber, the wood chipped, not enough lumber to size specified in point b of this Paragraph.
d) details or write a general synthesis of quantity, volume or weight for each type of forest products in addition to wood fit with reality.
DD) at the bottom of each page of lists forestry products recorded total volume of forest products.
Article 6. As import, export of forest products 1. Sample track import, export of forest products attached to this circular apply uniformly with respect to the Organization of the activity of extraction, processing and trading of forest products.
2. As import, export of forest products should be managed at the organization specified in Clause 1 of this article. Responsible forest products owners log tracking of forest products upon import, export of forest products can be the contents: date import, export of forest products; the name forest products, the origin of forest products; specifications, quantity, volume, the top States, exists.
The organization specified in Clause 1 of this article when you enter the tapping native wood from natural forests in the country are reported in Ranger body check, sign in as forestry export, import.
Article 7. Confirm forestry products 1. The Agency has the authority to certify forest products a) Nuts foresters, FPD province, the central cities in the locality has no Nuts foresters district level confirmed forest products in the following cases:-unprocessed forest products originating from natural forests planting forests to focus the Organization's domestic manufacturing;
-Forest products sourced imports of unprocessed in the country of the Organization, the individual outputs;
-Jungle animals cause domestic pets and their derivatives, parts of organizations, communities, households and individuals, manufacturing;
-Forest products after the handling of confiscated unprocessed of organizations, communities, households and individuals, manufacturing;
-Forest products after processing of organizations, communities, households and individuals, manufacturing;
-Internal transport forest products between the same locations in a province, the central cities.
b) Nuts foresters, special-purpose forest, nuts foresters forest protective confirmed forest produce derived legal mining in forest areas, special-purpose protective forests, and forest products after processing the confiscated by authorities at his disposal.
c) local Rangers advised the people's Committee of the communes, wards and towns (General People's Committee is the social) forest products confirmed in the following cases:-unprocessed forest products originating from the garden of the House, farm, crop, dispersion of organized manufacturing;
-Unprocessed forest products originating from natural forests, plantations, home gardening, farm, plant dispersal of communities, households and individuals out.
2. sequence, records suggest that confirm a forest products) Home Products filed directly 1 record (original) suggested the confirmation of forest products in the competent State bodies specified in paragraph 1 of this Article.
b) recommended records confirm forest products include: lists of forest products, the sales invoice as defined by the Ministry of Finance (if available) and other documents about the origin of forest products under the current rules of the State.
Purchase of forest products case many communities, households and individuals from home gardens, farms, crops and disperse the buyers of forest products created lists of forest products, signed confirmation of community representatives, households and individuals.
3. a confirmation time) time confirmed forest products and paid results at the Agency confirmed not too 03 on work since getting enough valid records. Profile test cases and forestry products guarantee provisions shall proceed to confirm immediately.
Invalid profile case then the receiver profiles are responsible for promptly notify owners of forest products and forest products owners complete guide profile.
b) case need to verify the origin of forest products before confirming the receiver records notify forest products owners know and proceed to verify the issue unclear about the profile of forest products, the origin of forest products, quantity, volume, type of forest products; end verify to verify the minutes setting. After verification, if there is no violation of the right to conduct the certification of forest products under the provisions of this circular. Confirmation time forestry products in the case to verify the maximum 5 working days from receipt of the valid application.
Verification case detected in breach, they must file for processing in accordance with the current legislation.

c) State agency representative confirmed forest products keep your confirmation comments about the content of the key forest products were recorded in records of forest products, including numbers, days, months, years recorded in the invoice attached, sea transport's control (if available); day, month, year; signed, stating your name, position, the Agency's stamp in the table listed forest products, responsible before the law about the accuracy and the origin of forest products upon confirmation.
Confirmed cases of forest products of the people's Committee of social provisions in point c, paragraph 1 of this article have to have more signatures of local Rangers in the table listed forestry products; Local Rangers also must take responsibility before the law about the accuracy and the origin of forest products in the legal counsels.
Article 8. Manager, records retention forestry products 1. Forest products owners are responsible for managing the records of forest products (original) with forest products; retention of records production, import, export, as forest products within a period of 5 years from when forest products are exported.
2. The authorities competent to certify forest products are responsible for keeping lists forest products after confirmation (original) and the documents about the origin of forest products (a copy) at the Agency's headquarters.
Chapter II LEGAL FOREST PRODUCTS RECORDS Item 1 RECORDS the ORIGIN of FOREST PRODUCTS article 9. Forestry exploitation in water 1. Wood profile main mining, exploiting leverage, recovered from natural forests, planted forests, gardens, farms, crops and disperse.
the a) documentation for The logging as specified in circular No. 35/2009/TT-BNNPTNT on 20/5/2010 of the Ministry of agriculture and rural development guides implementation of the exploit, artisanal wood and forest products out of wood (hereafter abbreviated as circular 35/2011/TT-BNNPTNT) and the current rules of the State.
b) for eligible wood hammer Rangers played according to the rules of the Ministry of agriculture and rural development, including: a wooden hammer stamped confirmation of Rangers attached lists forest products.
For unqualified wood hammer Rangers played according to the rules of the Ministry of agriculture and rural development: lists forest products certified by the Rangers at the Agency.
2. The profile of forest products out of wood from domestic forests a) for forest plant records include: documentary about the exploitation of forest products in addition to the wood specified in circular No. 35/2009/TT-BNNPTNT; lists forest products.
b) for animals of the forest: lists forest products certified by the Rangers at the Agency.
Article 10. Forestry products imports 1. Customs declarations of imported forest products certified by the Customs gate under the provisions of the State.
2. Lists of forest products (Packing-list) of the Organization, foreign exports of forest products.
3. certified text of the origin of forest products and other materials of the exporter (if available).
4. the CITES permits for forest products in the list of annex I, II of the Convention on international trade in the animals, endangered wild plants.
Article 11. Forest products processing the confiscated records processed forest products seized included: the decision handling administrative violations or decide to handle physical evidence of competent State agencies seized forest products confiscated funds to the State, accompanied by the minutes of violations and lists of forest products.
Section 2-PROFILE of FOREST PRODUCTS in CIRCULATION article 12. Unprocessed forest products originating from natural forests in the country 1. The profile of the Organization's forest products manufacturing, including: Bill of sale according to the regulations of the Ministry of finance, the attached table wood products certified by the Rangers at the Agency.
2. forest products profiles of communities, households and individuals exported: lists forest products certified by the social people's Committee.
Article 13. Unprocessed forest products derived from the forest to plant a garden, home, farm, crop, scattered 1. Profile of forest products sourced from plantations to focus the Organization's outputs include: Bill of sale according to the regulations of the Ministry of finance, the attached table wood products certified by the Rangers at the Agency.
2. The profile of forest products derived from the garden of the House, farm, crop, dispersion of organized manufacturing include: Bill of sale according to the regulations of the Ministry of finance, the attached table wood products certified by the social people's Committee.
3. The profile of forest products by the community, household, individual export: table wood products certified by the social people's Committee.
Article 14. Forestry products imports of unprocessed in the country 1. The profile of the Organization's forest products manufacturing, including: Bill of sale according to the regulations of the Ministry of finance, the attached table wood products certified by the Rangers at the Agency.
2. Record the individual's forest products manufacturing: lists forest products certified by the Rangers at the Agency.
Article 15. Jungle animals are causing domestic pets; parts of their derivatives 1. The profile of the Organization exported include: Bill of sale according to the regulations of the Ministry of finance, the attached table wood products certified by the Rangers at the Agency.
2. Profile of the community, household, personal manufacturing: lists forest products certified by the Rangers at the Agency.
Article 16. Forest products after the handling of confiscated unprocessed 1. Profile of forest products by the competent State agencies processed outputs include: sales invoice, as provided by the Finance Ministry, accompanied by lists of forest products by the Agency to sell forest products.
2. The profile of forest products by manufacturing include: Bill of sale according to the regulations of the Ministry of finance, the attached table wood products certified by the Rangers at the Agency.
3. The profile of forest products by the community, household, individual export: table wood products certified by the Rangers at the Agency.
Article 17. Forest products after processing 1. Profile of forest products wood processing after natural forests in the country of the Organization exported include: Bill of sale according to the regulations of the Ministry of finance, the attached table wood products certified by the Rangers at the Agency.
2. Forest products later imported wood processing, wood processing, after confiscating a) records the following forest products imported wood processing, wood processing after the seizure of the organization specified in point a, paragraph 4, article 26 of this circular outputs include: Bill of sale according to the regulations of the Ministry of finance the enclosed table, forest products.
b) resumes production after imported wood processing, wood processing after the seizure of the organization specified in point b, paragraph 4, article 26 of this circular outputs include: Bill of sale according to the regulations of the Ministry of finance, the attached table wood products certified by the Rangers at the Agency.
3. The profile of forest products wood processing after natural forests in the country, imported wood, wood handle foreclosures of residential communities, households and individuals exported: lists forest products certified by the Rangers at the Agency.
4. Profile of forest products after processing from plantation timber, Garden House, farm, plant dispersal.
a) records the following products made from plantation wood focus, Garden House, farm, crop, dispersion of organized manufacturing include: Bill of sale according to the regulations of the Ministry of finance, the attached table.
b) resumes production after the processing from plantation timber, Garden House, farm, plant dispersal of communities, households and individuals, export: table of forest products.
5. The profile of forest products in addition to the wood after processing a) profile of forest products in addition to the wood after the processing of the Organization's outputs include: Bill of sale according to the regulations of the Ministry of finance, the attached table.
b) profile of forest products in addition to the wood after the processing of the residential community, household, individual export: table of forest products.
Article 18. Transport the internal forest products 1. Transport profile internal forest products in the area of one province, central cities are: internal output votes, accompanied by lists of forest products.
2. shipping and forestry profile internally between the same locations in a province, the central cities.
a) shipping records of wood, jungle animals, parts of derivatives, including: internal output votes, accompanied by lists of forest products in each means of transport has confirmed the Agency's Rangers.
b) profile shipping forestry products not subject to the provisions in point a of this paragraph include: slip the internal output, accompanied by lists of forest products.
Article 19. Transport of forest products in transit 1. Customs Declaration of forest products in transit of the Customs gate under the provisions of the State.
2. Lists of forest products (Packing-list) of the Organization, the individual export shipment overseas.
3. CITES permits for forest products in the list of annex I, II of the Convention on international trade in the animals, endangered wild plants.
4. in case of forest products in transit to be unloaded in the territory of Vietnam to forward due to the change in shipping means or through transshipment at ports, railway stations ..., records of forest products to the next transit include: forest products statistics table for each trip, each transport, enclosed a copy has the certified forest products profiles transit provisions in the Clause 1, 2 and 3 of this Article.
Section 3 RECORDS of FOREST PRODUCTS in PROCESSING FACILITIES, business, KEEP article 20. Profile of forest products in processing facilities, business, causing record forest animal breeding forestry products in processing facilities, business, causing forest animals include: the shared track import, export of forest products; the sales invoice; lists forest products and other materials related to the forest products import into, export provisions of this circular.
Article 21. Profile of forest products at the store where the profile of forest products at the store that corresponds to each kind of forest products in the period of revolving process of forest products (the origin of forest products; timber circulation; processing, business) under the provisions of this circular.
Chapter III EXAMINED the ORIGIN of FOREST PRODUCTS category 1 FOREST PRODUCTS INSPECTION RULES Article 22. Active organization check 1. Check the forest products are made in the process of extraction, transport, processing, trading, farming, causing stored forest products by the agency making the Rangers.
When examining cases, detection of forest products owners do not have a full profile of forest products or forest products does not fit the profile of forest products specified in this circular, the Agency made the right check organizations, verify the origin of forest products.
2. check the forest products made according to plan or unscheduled inspections when discovered or has information about the sign violates the law of forestry products. In the process of implementation of the test, the Rangers must wear uniforms, wearing Rangers insignia, badges, signage provisions of the State.

3. All cases examined forestry products must be done in the right order and testing procedures prescribed by law; to set the minutes in the form of 3 or 4 (for the extraction of forest products inspection) attached to this circular. Test cases found to have violated the regulations of the State must establish the minutes of administrative violations as stipulated in Decree No. 99/2009/ND-CP on 02/11/2009 the Government sanctioning administrative violations in the field of forest management, forest protection and management of forest products.
Article 23. Check under news report 1. Reception, processing a notification) When receiving reports about violations of the law, public officials get the Rangers report must report the unit heads. The case of citizens directly to the Agency's headquarters to report must be established thereon on receiving notification of the citizens. The case received notification via phone, get the Rangers report to suggest News provides information on: name, address, telephone number; If news does not provide this information, then get the Rangers officer must immediately report the unit heads.
b) Ranger heads are responsible for establishing monitoring and notification Windows organized as management reports according to the confidential document management mode.
2. check the organization according to Gazette notification of news organizations, individuals in any form is considered grounded to consider inspecting forest products. Get the unit heads report decide the deployment test according to reports when grounded.
Section 2 TEST HARNESS FORESTRY PRODUCTS article 24. Check the implementation of the regulations on the extraction of forest products 1. Content check a) The observance of the provisions of the law before exploitation: exploitation of design approval, mining permits, preparation of the scene (forest luỗng, refresh, repair of road freight transport, warehousing and export timber, mining area boundary).
b) executive regulations of the law during and after the process of exploitation: exploitation of places; Executive technical processes; the number, volume, type of forest products to the main harness, utilise, sanitary forest; the handing over of forest, forest protection after extraction.
c) records and documents related to the extraction of forest products.
2. test method a) check out the entire scene or randomly select a minimum of 30% (thirty percent) of forest are allowed to exploit.
b) against the exploitation with the actual extraction of forest products at the scene.
Article 25. Check forest products mined 1. For the wood was exploited, export, transported to the beach at focus made check the wood with hammer Rangers stamped as follows: a) check the focus after the wood exploitation; the number, mass, species name, the cutting khúc, first order numbering trees; marked tree post hammer ... According to the regulations of the Ministry of agriculture and rural development.
b) check the exploitation as stipulated in article 24 of this circular.
2. for forest products out of wood to check the number, mass, the species name; check, confirm in table forest products; exploitation as stipulated in article 24 of this circular.
Item 3 check FOREST PRODUCTS in PROCESSING FACILITIES, business, where STORE; FOREST ANIMALS CAUSING Article 26. Check processing facilities, trading forest products 1. When checking in the forest products processing base, forest products business to have the text of the agency heads the authority Rangers.
Case detection of forest products that originate not legal, then the Rangers are on duty is entitled to inspect, immediately report it to agency heads.
2. Server processing facilities, business must obey the requirements check of the Rangers checked; present the right records of processing facilities management business, and the origin of forest products under the provisions of this circular.
3. content check a) records management processing facilities, business: business registration certificate, including the operation of the business, processing of forest products by the competent State bodies.
b) profile of forest products.
c) existing forestry products in processing facilities, business.
d) check mark for the Rangers to hammer the wood hammer Rangers must play according to the rules of the Ministry of agriculture and rural development.
DD) the storage of records of forest products.
4. In the first quarter of every year FPD is responsible for reviewing, classification; public notice to processing facilities, sales of local products and listed on the FPD headquarters, FPD report simultaneously on the observance of the law by these organizations under two categories: a) processing facilities, forest products business in good standing of the State.
b) processing facility, has forestry business in violation of State regulations on forestry records or incomplete observance of the regulations of the State.
Article 27. Check for stored forest products 1. Check out where stored forest products not subject to the provisions of article 26 of this circular, including railway stations, ports, logistics must have text of the heads.
Case detection of forest products that originate not legal, then the Rangers are on duty is entitled to inspect, immediately report it to agency heads.
2. where the Owners kept the home and forest products must obey the requests of public servants Rangers; present the right profile of forest products are to be stored under the provisions of this circular.
3. content check a) forest products profiles are stored.
b) forest products available at the store.
c) check mark for the Rangers to hammer the wood hammer Rangers must play according to the rules of the Ministry of agriculture and rural development.
Article 28. Check the base cause forest animals 1. When checking the base cause of breeding animals of the forest ranger officer check to have the text of the agency heads the authority Rangers.
Case detection of forest products that originate not legal, then the Rangers are on duty is entitled to inspect, immediately report it to agency heads.
2. content check a) The observance of the provisions of the law of cause: registration certificates cause livestock, farm conditions, animal origin, environmental hygiene.
b) profile import, export of forest animals.
c) jungle animals are reared.
Section 4 EXAMINED FORESTRY PRODUCTS in CIRCULATION Article 29. Check the forest products are shipped 1. The only means of stopping Rangers road, waterways're circulation to check forest products when there is a base on which to transport forest products is unlawful. The Commander to stop the media to be responsible before the law about the decision to stop their vehicles.
The signal to stop the media may use one or use a combination of whistles, flashlights, Rangers flag.
Not nest (three-ri-e) on the road to stop vehicles to check forest products. Special cases, to be the Chairman of the provincial people's Committee decision and is responsible for the direction, implementation.
2. Who controls transport forest products must obey orders to stop vehicles of the Rangers; present the right profile of forest products (original) on the media under the provisions of this circular and the record of transport according to the current rules of the State.
3. content check a) profile of forest products.
b) forest products available on transport.
c) check mark for the Rangers to hammer the wood hammer Rangers must play according to the rules of the Ministry of agriculture and rural development.
After the test, the person presiding must keep in check the name of the Agency; day, month, year, location check; the volume, the number of forest products in transport; signed, specify the name in the back of the Bills of sale and lists of forest products.
Article 30. Check forest products import, export, transit at the gate in case of need to verify the origin of forest products import, export, transit, FPD, in coordination with the Customs gate inspecting, verifying the origin of forest products under the provisions of this circular and the current provisions of the law.
Chapter IV IMPLEMENTATION article 31. Effect 1. This circular effect after 45 days from the date of signing.
2. This circular replaces decision No 59/2005/QD-BNN on 10/10/2005 of the Minister of agriculture and rural development, on the promulgation of regulations on inspection and control of forest products.
Article 32. Report mode 1. Periodically 3, once on the last day of the quarter, mining facilities, the processing and trading of forest products under the report model No. 5 attached to this circular about import, export of forest products to the Rangers.
2. With regard to the competent agency confirmed forest products a) periodically 1st, once in the first week of next month, the people's Committee of social reports according to the model No. 6 attached to this circular about the situation confirmed forest products to local Rangers If in August have confirmed forest products specified in this circular.
b) periodically 01 you once on week 2 of the next quarter, Ranger body in the form of the report 6 attached to this circular about import, export of forest products for FPD.
c provincial FPD) is responsible for providing management situation report, forest products and to check the origin of forest products under the provisions of this circular when forest require.
Article 33. Handle violation of individual organization violates the provisions of this circular, depending on the nature and extent of the violation, be disciplined, sanctioning administrative violations or arrested save for criminal liability in accordance with the law.