Ministry of Forestry
Socialist Republic of Vietnam
Independence - Freedom - Happiness
No.: 11 LN/KL
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Hanoi, the 31s' of October, 1995
CIRCULAR
Guideline on wood harvesting, transporting, processing,
exporting, and trading forest products
Part l
Checking on Forest Product Harvesting
The terminology "Forest Products" in this circular are taken as forest plants, animals,
products processed form forest plants and animal belonging to the normal and precious
forest products (list stipulated in the decision 18 HDBT dated January 17, 1992.)
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I.
Examine forest-harvestina products accordina to the harvestina desian
l.Responsibilities of forest-harvesting enterprises
Forest-harvesting enterprises have to present the following documents to the local
forest protection service:
a) Original harvesting design (natural forest, plantation forest invested by state budget
and aid fund) and licence of harvesting issued by the Provincial Department of
Forestry in accordance with the approval for the harvesting design, decision on
"forest-opening gate" issued by the Ministry of Forestry for each certain provinces.
b) Purchasing contract or documents of bidding for harvesting and contracts of
between forest owners and forest-harvesting enterprises.
c) Steps of forest harvesting of forest blocks and areas to collect forest products after
harvesting.
2. Responsibilities of Local Forest Protection Service
a) To examine the on-site forest area according to the approved harvesting design, to
grant licence of forest harvesting, to make minutes of examination. Forest
Protection Service have to solve problem according to the law if any violence.
b) To inform forest harvesting enterprises of timetable for forest product examination;
and
c) To examine forest products at collection places.
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In regard to wood, it is necessary to measure, make records, stamp of forest
protection. For precious wood, specific record must be taken for each wood,
after completion, minutes of stamped confirmation must be written and
Examination, measurements are taken for wood that is not eligible to be
placed with stamp of the forest protection service and other forest products.
II. Checkina the forest ~ l a n t sand animals out of harvestina desicrn
1. The harvest of forest plants and animals in natural forests that is not on the list of
annual harvesting design, harvesters are responsible to submit the following
stipulated documents to the local forest protection service:
a. Harvesting of forest plants except for wood trees (including forest plants except for
I A) and hunting normal forest animals must be (allowed) by the Provincial
group 1
Department of Forestry or Department of Agro-Forestry. Any individuals and
organisations are in need, letter of application for harvesting and hunting must be
written in which clearly express kinds, quantity, place, and timing.
b. Hunting endangered animals group IIB in natural forests, trading, exchange
endangered wildlife animals or raised by individuals and organisations must follow
strictly the purposes of utilisation stated in decision No. 18-HDBT. Allowance from
the Ministry of Forestry must be gained as well.
c. In case, forest owners want to take full use of left precious wood group IIA, careful
investigation to measure specific quantity in each blocks and areas must be taken.
Confirmation of the
local forest protection service must be gained. Provincial
Department of Forestry or Provincial Department of Agro-Forestry must prepare
papers, Provincial People's Committee must submit papers and report to Ministry of
Forestry for consideration and approval in accordance with annual harvesting
design.
2. Forest of co-operative, private enterprises, individuals who invest with their own
money in scaterly - planted forest and precious forest plants, forest owners must
report to local forest protection service in order to check forest area, quantity,
volume of forest products. Local forest protection service is responsible to:
a) Identifying forest owners of the forest areas to be harvest or hunted;
b) Checking the forest age (according to the afforestation design when land allocation
is proceeded), amount of trees, volume of forest product to be harvested; and
c) Checking harvested forest area after forest owners have been harvested. If there is
nothing wrong, minutes of checking is written to confirm the harvested forest
product volume for forest owners and give guideline to regenerate forest in the next
cycle. Wood from plantation forest, is eligible to to be placed with stamp of forest
protection service, must be placed stamp of forest protection service.
Part II
Checking of forest product transportation
I. Procedures on forest product transportation
When transporting forest products, individuals and organisations must have the
following documents (only original documents are valid.)
A. Normal forest products:
1. Transportation of normal forest products harvested according to the harvesting
design
a) Wood (including wood and confiscated wood) must have stamp of forest protection
service, wood record taken by local forest protection service or copy of the wood
record with the confirmation of the local forest protection.
Wood is not eligible to be placed stamp of forest protection service and other forest
products must have confirmation of local forest protection service.
b) Receipt issued by Ministry of Finance (including confiscated forest products) or bill
of loading issued by this organisations;
c) Receipt of natural resource tax (forest products in natural forest), agriculture landuse tax (products in plantation forest) issued by National Department of tax except
for confiscated forest products
Pulpwood from plantation forest belonging to the raw material area for paper industry
must have licence of forest product transportation issued by the local forest prrotection
service
2. Transportation of products processed from wood and normal forest products
When transporting products processed from wood and normal forest products (plank,
wood furniture, processed products), processing enterprises must have the following
documents:
a) Confirmation of the local forest protection service when the processing enterprises
are located on origin, volume, quantity, product quality, and an attached record of
products. The examination for confirmation is stipulated in Article 2, point 1 , Part Ill
in this circular.
Wood furniture sold at shop that already gained business license, do not have to have
documents stipulated in point a)
Civil wood sold at shop that already gained business license, must have confirmation of
the local forest protection service.
b) Receipt issued by the Ministry of Finance or bill of loading issued by this
organisation.
3. Transportation of forest plants excluding wood and normal forest animals
a) License of harvesting (forest plants) of license of hunting (forest animals) issued by
Provincial Department of Forestry or Department of Agro-Forestry. In case, the
transportors buy forest products from the harvesters, receipts issued by the Ministry
of Finance will be presented.
b) Confirmation of the forest protection service. If the products are hunted animals, the
confirmation is not presented.
c) Receipt of natural resource tax issued by ttie National Department of Tax.
4. Transportation of trees in plantation forest invested by individualls and
organisations:
a) Confirmation of the local forest protection services, if products are for sale, it is
necessary to have a confirmation of the local People's Committee.
b) Receipt of Agriculture land use tax issued by the National Department of Tax;
c) Wood in plantation forest for pulpwood, transportation procedures is stated in
Article 1, point A, part II in this circular.
B. Precious forest products:
1. Precious wood in form of round wood (including confiscated wood) or products
processed from precious wood in processing enterprises such as plank, wood
furniture, processed and primarily-processed products), when transport outside
I in this ciroular, it is
provinces, apart from Article stipulated in Article 1, point A, part 1
necessary to gain a special license of transportation issued by the Department of
Forest Protection belonging to the Ministry of Forest.
Wood furniture and art works sold at shops that have business license only need to
have receipts of Ministry of Finance.
2. The following documents need to be submitted when transporting enalangered
animals that are still alive and their processed products outside provinces:
a) Receipt of Ministry of Finance in case of trading and exchange;
b) Confirmation of the local forest protection service;
c) Receipt of natural resource tax issued by the National Department of Tax excluding
confiscated forest products;
d) Special license of transportation issued by Department of Forest Protection
11. Procedures for application for special license of transportation
1. The following documents (original ones) will be presented in Department of Forest
Protection, Ministry of Finance when individuals and organisations are in need of
transportation of wood , endangered animals and their products outside provinces:
Transportation Application is sent to Department of Forest Protection:
a) Origin of the forest products (where to buy, license-granting agency), quamtity, kinds
of forest products (Latin name of forest animals must be used), destination
(specific address of the destination), time of transportation, transportation ]method
b) Confirmation of the local forest protection services where forest products come from
on origin, volume, quantity, kinds of forest products and number of stamp of forest
protection service;
c) License of wood processing and forest products issued by Ministry Of Forestry
(state-owned enterprises, foreign invested enterprises), Provincial Department of
Forestry and Department of Agro-Forestry (non-state enterprises). It is needed to
have license of utilisation granted by Ministry of Forestry for the utilisation of
precious wood for special construction of the state.
Point c) is necessary conditions to grant special license of transportation as well as
conditions to buy precious wood in locality.
d) Legal documents of legal origin of forest products including:
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Receipt or bill of loading, if forest products are sold in an auction, receipt of
auction would be needed;
Receipt of natural resource tax issued by National Department of Tax excluding
confiscated forest products;
Wood that is eligible to be placed stamp of forest protection service (including
confiscated wood), must have confirmation of local or Provincial Deparhment of
Forest Protection about stamped wood, attached with record of wood)
Products processed from precious wood must have confirmation of the local forest
protection service, the same formulation is applied to the products of endangered
animals.
2. When examining and giving confirmation for people who request for special license
of transportation, Provincial Department of Forestry has to carefully and strictly
check origin of harvested and traded wood and forest animals. It also requests the
people to utilise these products in conformity with the current laws.
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Precious wood harvested according to the plan, it is a must to check the
harvesting design, "decision to open forest gate" of the Ministry of Forestry,
monitor harvested and consummated volume. Documents on precious wood of
Ministry of Forestry are a foundation for checking, monitoring and product
quality, its market, preventing people from making full use of this to harvest
forest.
Confiscated wood must be checked, monitor decisions of punishment, volume,
product quantity.
3. After being granted special license of transportation, individuals and organ~sations
have to report to local forest protection service in order to carefully examine.
Product volume to be transported by each vehicle must be confirmed at the back of
the special license until its date of expire.
Individuals and organisations with granted special license, wants to re-new the license,
must write an official letter clearly expressing reasons, volume that have been
transported, the remainder, duration with the confirmation of the local forest protection.
Ill. Transportation procedures for wood import and transit from Compodia, and Laos
1. The following documents are required when transporting wood. Only original
documents are valid.
2. License issued by the Ministry of Commerce of Camped and Laos, and Vietnam
3. License of transportation of forestry agencies of the two countries;
4. Wood of stamp of forest protection service of their countries; and
5. Confirmation of custom attached to record of wood.
When wood has been imported to Vietnam, enterprises have to proceed procedures for
wood import. When this amount of wood is needed to trade, process, or transport, the
same procedures for transportation and processing of Vietnam's wood is applied. It is
not necessary to place stamp of forest protection service on wood that has the same
form as it was import. Copy of wood record (copy from the original record) with the
confirmation of local forest protection service shall be needed.
In case of wood transit, wood is not allowed to sell and use in Vietnam. In case,
competent authorities of Vietnam and two aforesaid countries give allowanae to sell
and utilise in Vietnam, procedures for import and export processed w o ~ d and
transportation will be applied to as Vietnam's wood.
IV. Procedures for transportation of export forest products
1. When transporting export products processed from previous wood group IIA and
other previous wood (regulated by the Ministry of Forestry); natural forest tree roots,
import wood, eucalyptus, styrax, Acacia spp, individuals and organisations not only
have procedures stipulated in point I, Part II in this circular but also license of
Ministry of Forestry and export license of Ministry of Commerce.
Forest plants and animals and their products under the regulations of CITES, export
license granted by CITES Vietnam (Department of Forest Protection) must be gained
for export.
2. Individuals and organisations who are entitled to export wood-processed products,
forest products , forest plants, animals and their products, must inform local forest
protection service where has port and border gate before proceeding custom
procedures. Local forest protection service can confirm these forest products.
Products processed from wood and forest products, it is necessary to check their
origins, kinds of wood that are used for export product according to the Decision
No. 664-TTg dated October 18, 1995 of the Prime minister on wood and forest
product export.
V. Checking documents
l.Responsibilities of forest product transports
Forestry product transports must present papers of Part II in this circular to forest
protection service or staff the forest protection service if requested. Any vehicles that
are carrying forest products, must follow this stipulation.
In case forest products are carried by train, on-duty staff of forest protection service
request to examine products when loading down and unloading in a train station, forest
product holders have to present papers relating to the forest products in conformity with
stipulations in part II of this circular.
In case, the holder does not comply to this stipulations, punishment must be taken
under the current laws.
Vehicle drivers when get forest products in the forest, must have paper of forest
product receiving and only are only allowed to enter a certain forest area to get forest
products (Area 1, Area 2).
2. Responsibility of Forest Protection Service
Forest protection forest is responsible to examine
a) Some regulations on implementation of the checking points
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In the forest protection office, there is a notice of regulations on transportation
procedures for transporters to follow
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The examination notice table must be placed in front of the forest protection office.
Transporter, therefore, are prepared to stop for paper presentation
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Light must be provided in the examination place
Reception room must be built for transporters
Forest products .storage must be provided
24 hour service, leaders of the forest protection service should be there when
necessary. The checking group must consist of at least 2 members. Book recording
fo checking missions must be applied carefully.
b) Regulations on sudden-checking of staff of forest protection service
Staff of district or provincial forest protection service who are assigned to check
transportation of forest products, are entitled to request transporters to stop for
checking.
c. Order of forest product transportation
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To check stipulated papers of forest products;
To check forest products on the vehicles in comparison with a record of forest
products, receipt, confirmation of the local forest protection service.
Measurement methods:
An average diameter of two ends of the round wood are
measured. Heart wood must be measured (unit: cm); length of wood must be measured
(unit: m); depth (cm), width (cm), length (m) must be measure for saw timber,
member of wood must be checked for small wood. Mean deviation of different kinds of
round wood is rt 5%, ?r: 1% for saw timber, for other forest products, it depends on
certain kinds of wood or forest products. When measuring, competent staff must
inform transporters of measurement method.
After checking, if there is no violations, wood will be stamped for confirmation at the
back of the license of transportation. If violence are detected, punishment must be
taken according to the current laws.
d) When transporters have the checking stamp at the back of the license, prresentation
of this document will be enough for the next checking.
If the violence are punished, staff of forest protection service is entitle to check
transporter's forest product again. The results and punishment forms must be informed
to the first staff of the forest protection service.
One-time punishment form is applied to the administrative violence. Violence arising
during the checking mission must be timely punished.
Part Ill
Checking forest products in processing and trading
I. Checking of forest products in the processing
wood-processing enterprises must have business license, license of wood and forest
products processing
These enterprises must have book-keeping system issued by the Provincial
Department of Forest Protection and follow all regulations on forest product
management:
1. Procedures for wood and forest products unloading
when unloading the forest products, enterprises have to take book recordtng or wooa
record, forest products, relevant documents and inform the local forest protection
service for checking and giving confirmation to the owner. If there is violence,
punishment must be taken in accordance with the current law.
2. Procedures when unloading processed forest products or primarily-processed
products
When loading products, enterprises have to record volume, product quality. kinds of
processed products, date of loading, loading bill and report to the forest protection
service. After checking, the forest protection service can give confirmation of processed
products according to the decision No.: 405-VTK dated June 8, 1988 promulgated by
the Ministry of Forestry, temporary regulations on economic and technical standards of
saw timber and wood furniture.
For saw timber, the local forest protection service has checked the its brigin by
stamping, when timber is transported, local forest protection only give confirm8tion, not
to place stamp of forest protection service.
11. Checking forest products in trading
l. Individuals and organisations doing timber and forest products tradihg, it is
necessary to have business license issued by competent authorities. Only
registered products are traded by individuals and organisations. Documents of legal
trading must be kept by individuals and organisations.
Provincial Department of Forest Protection takes responsibility to check wood and
forest product trading in the locality. Business holders are obligated to present
stipulated papers according to the law
In case, there is no legal trading documents,
protection service to tread under the laws.
minutes must be taken by forest
2. Original documents must be presented by individuals and organisations when
trading, transporting, and utilising forest products.
Part IV
Violence and Punishment
Administrative punishment are applied to Individuals and organisations Violence
stipulations of this circular. In case of serious violence, criminal punishment lnu$t be
taken.