Tiếng Việt- 1 Circular No. 01/2012/TT-BNNPTNT of January 4, 2012, stipulating dossiers of lawful forest products and inspection of the origin of forest products
- 2 Circular No. 42/2012/TT-BNNPTNT of August 21, 2012, amending and supplementing a number of articles of the Circular No.01/2012/TT-BNNPTNT, of January 04, 2012, of the Ministry of Agriculture and Rural Development stipulating dossiers of lawful forest products and inspection of the origin of forest products
| THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT | THE SOCIALIST REPUBLIC OF VIETNAM |
| No. 25/VBHN-BNNPTNT | Hanoi, May 06, 2014 |
DOSSIERS ON LAWFUL FOREST PRODUCTS AND INSPECTION OF ORIGIN OF FOREST PRODUCTS
The Circular No. 01/2012/TT-BNNPTNT dated January 04, 2012 of the Ministry of Agriculture and Rural Development on dossiers on lawful forest products and inspection of origin of forest products which comes into force from February 18, 2012 is amended by:
The Circular No. 41/2012/TT-BNNPTNT dated August 21, 2012 of the Ministry of Agriculture and Rural Development on amendments to some Articles of the Circular No. 01/2012/TT-BNNPTNT dated January 04, 2012 of the Ministry of Agriculture and Rural Development on dossiers on lawful forest products and inspection of origin of forest products which comes into force from October 15, 2012.
Pursuant to the Law on Forest Protection and Development dated December 03, 2004;
Pursuant to the Government's Decree No. 23/2006/ND-CP dated March 03, 2006 on implementation of the Law on Forest Protection and Development;
Pursuant to the Government's Decree No. 01/2008/ND-CP of January 03, 2008, and the Government's Decree No. 75/2009/ND-CP dated September 10, 2009 on amendments to Article 3 of the Government's Decree No. 01/2008/ND-CP dated January 03, 2008 defining functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural Development;
The Ministry of Agriculture and Rural Development hereby provides for dossiers on lawful forest products and inspection of origin of forest products as follows:
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This Circular provides for dossiers on lawful forest products and inspection of the origin of timber and non-timber forest products (hereinafter referred to as “forest products”) within the territory of the Socialist Republic of Vietnam.
This Circular applies to domestic organizations, communities, households and individuals; and foreign organizations and individuals related to extraction, transport, processing, trading and storage of forest products within the territory of the Socialist Republic of Vietnam.
For the purposes of this Circular, the terms below shall be construed as follows:
1. “local forest protection authorities” include Forestry Services of reserve forests and protection forests; Forestry Services of districts; Forest Protection Sub-Departments of provinces and central-affiliated cities in the areas where Forestry Services of districts are not available.
2. “dossier on forest products” means a record of forest products that is made and retained at a forest product manufacturing and trading facility and circulated together with forest products during the extraction, trading, transportation, processing and storage.
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4. “forest animal or plant derivative” means any form of material extracted from a forest animal or plant, such as blood and biliary fluid of a forest animal; resin and essential oil extracted from an unprocessed forest plant.
5. “packing list of forest products” means a list of forest products prepared using the Form No. 01 hereof and used for one pre-receipt inspection, trading, receipt or dispatch or of forest products transported on one vehicle.
6. “a record of forest product receipt and dispatch” means a record that is made using the Form No. 02 hereof to record forest products received or dispatched by a forest product extraction, processing or trading facility.
7. “internal transport” means the transport of forest products between financially dependent units such as forest farms, forestry enterprises, processing plants, branches or stores of a financially dependent enterprise with the legal status; or the transport of forest products from a financially dependent enterprise with the legal status to its financially dependent units and vice versa.
Transport of forest products from other places to product processing and warehousing facilities, and transport 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 transport”.
8. “certification of forest products” means determination of the lawfulness of dossiers on forest products and conformity of these dossiers with forest products.
9. “unprocessed forest product” means a forest product which, after being extracted, imported and confiscated, has not yet been treated by any tools or equipment and remain its original shape and size.
Article 4. Determination of forest product quantity and weight
1. Weight of round timber, sawn timber and squared timber shall be determined under the regulations of the Ministry of Agriculture and Rural Development on management and hammer marking of trees.
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2. Quantity of forest animals shall be determined according to the number of forest animal individuals which are weighed in kg. If it is impossible to determine the number of individuals, these animals will be weighed in kg.
Weight of parts and derivatives of forest animals and plants shall be determined by weight in kg or measurement in milliliter (ml) if these parts and derivates are in liquid form.
3. Quantity of forest products from non-timber forest plants shall be determined by weight in kg.
Article 5. Packing list of forest products
1. The specimen of the packing list of forest products enclosed with this Circular applies to organizations, communities, households and individuals.
2. The packing list of forest products shall be made by organizations, communities, households and individuals involved in forest product extraction, receipt and dispatch upon each pre-receipt inspection and forest protection hammer marking or pre-receipt inspection and dispatch of forest products carried on the same vehicle.
Organizations, communities, households and individuals that make the packing list of forest products shall be responsible to law for the accuracy and lawful origin of forest products specified in their packing list.
3. Method for making a packing list of forest products
a) The forest product owner shall specify all information about forest products in the packing list.
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c) He/she shall specify the total quantity or weight of round timber, cut timber and sawn timber extracted from domestic natural forests with sizes smaller than those specified in Point b Clause 3 Article 5 of the Circular No. 01/2012/TT-BNNPTNT or timber extracted from forests which have been planted in a consolidated manner and have not been classified by diameter ranges.
With respect to the compilation of the aforementioned general packing list of forest products, when using forest products as materials for the manufacture of different products, the forest product owner must compile a list of forest products used for manufacture of each type of product and clearly state the origin specified in such list.
d) He/she shall enumerate in detail real quantity or weight of each non-timber forest product or the total figure of these forest products according to their actual figures.
dd) At the bottom of each page of the packing list, he/she shall specify the total weight of forest products.
Article 6. A record of forest product receipt and dispatch
1. The specimen of the record of forest product receipt and dispatch enclosed with this Circular applies to all forest product extracting, processing and trading organizations.
2. The record of forest product receipt and dispatch shall be managed at the organizations specified in Clause 1 of this Article. When forest products are received or dispatched, the forest product owner shall specify the following information in the record: date of receipt or dispatch; names and origin of forest products; specifications, quantity, weight, opening stock and ending stock.
When receiving timber extracted from domestic natural forests, the organizations mentioned in Clause 1 of this Article shall notify local forest protection authorities for inspection and signing their record of forest product receipt and dispatch.
Article 7. Certification of forest products
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a) Forestry Services of districts and Forest Protection Sub-Departments of provinces and central-affiliated cities in the areas where Forestry Services of districts are not available shall certify the following forest products:
- Unprocessed forest products extracted from domestic natural forests, sold by organizations;
- Imported forest products that are yet to be domestically processed, sold by organizations or individuals;
- Domestically raised forest animals and their parts or derivatives sold by organizations, communities, households or individuals;
- Confiscated unprocessed forest products sold by exporting organizations, communities, households or individuals;
- Processed forest products sold by organizations, communities, households or individuals;
- Forest products transported internally between places not within the same province or central-affiliated city.
b) Forestry Services of reserve forests or protection forests shall certify forest products lawfully extracted from these forests and confiscated forest products within their power.
c) Local forest protection authorities shall assist Presidents of People's Committees of communes in certifying unprocessed forest products extracted from domestic natural forests, sold by communities, family households and individuals.
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a) The forest product owner shall submit an application (the original) for forest product certification directly to the competent authority defined in Clause 1 of this Article.
b) An application for forest product certification includes: a packing list of forest products, export invoice (if any) stipulated by the Ministry of Finance and documents on the origin of forest products under the State's applicable regulations.
For forest products purchased from multiple communities, households or individuals that extracted them from their home gardens, farms or scattered trees, the forest product purchaser shall make a packing list bearing signatures of representatives of such communities, households or individuals.
3. Certification time limit
a) The time limit for certifying forest products and returning certification results is within 3 working days from the receipt of the satisfactory application. Certification shall be immediately carried out in case the application is satisfactory and forest products are compliant with regulations.
In the case of unsatisfactory application, the receiving authority shall promptly notify and instruct the forest product owner to complete it.
b) In case it is required to verify the origin of forest products before certification, the receiving authority shall promptly notify the forest product owner and verify unclear issues concerning the forest product dossier, origin, quantity, weight and category and make a record of the verification. If no violation is found, forest products shall be immediately certified as prescribed in this Circular. In the case of verification, forest products shall be certified within 05 working days from the receipt of the satisfactory application.
In case a violation is found, actions against such violation shall be taken as prescribed by law.
c) The representative of the certifying authority shall specify his/her opinions on the information provided by the forest product owner in the forest product dossier, including the number and date specify in the enclosed invoice, license plate number of the vehicle (if any); date of certification; sign and write his/her full name and position and append the seal of his/her authority on the packing list, and take responsibility to law for the accuracy and lawful origin of certified forest products.
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Article 8. Management and retention of forest product dossiers
1. Forest product owners shall manage forest product dossiers (original) together with forest products; and retain these dossiers and records of forest product receipt and dispatch for 5 years after forest products are sold.
2. Certifying authorities shall retain packing lists of forest products (original) after carrying out certification and documents on the origin of forest products (copies) at the authorities.
DOSSIERS ON LAWFUL FOREST PRODUCTS
Section 1. FOREST PRODUCT ORIGIN DOSSIERS
Article 9. Domestically extracted forest products
1. A dossier on timber extracted as primary or secondary forest products or fully extracted from natural forests or forests planted in a consolidated manner (hereinafter referred to as “consolidated planted forests”), home gardens, farms or scattered trees includes:
a) Documents on timber extraction prescribed in Circular No. 35/2011/TT-BNNPTNT dated May 20, 2011 of the Ministry of Agriculture and Rural Development and other relevant applicable regulations.
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2. A dossier on non-timber forest products extracted from domestic forests:
a) For forest plants, the dossier includes documents on extraction of non-timber forest products prescribed in Circular No. 35/2011/TT-BNNPTNT; a packing list of forest products.
b) For forest animals: A packing list of forest products that is certified by the local forest protection authority.
Article 10. Imported forest products
1. Customs declaration of imported forest products that is certified by a border checkpoint customs authority under the State's applicable regulations.
2. Packing list of forest products made by the foreign forest product exporter.
3. Written certification of the origin of forest products and other documents of the exporting country (if any).
4. CITES permit for forest products on the lists provided in Appendix I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
Article 11. Confiscated forest products
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Section 2. DOSSIERS ON SOLD FOREST PRODUCTS
Article 12. Unprocessed forest products extracted from domestic natural forests
1. A dossier on forest products sold by an organization includes an export invoice stipulated by the Ministry of Finance and a packing list of forest products that is certified by a local forest protection authority.
2. A dossier on forest products sold by a community, household or individual includes a packing list of forest products that is certified by the People's Committee of the commune.
1. A dossier on forest products extracted from consolidated planted forests, home gardens, farms or scattered trees and sold by an organization includes a VAT invoice or export invoice stipulated by the Ministry of Finance and a packing list of forest products.
2. A dossier on forest products sold by a community, household or individual includes a packing list of forest products.
Article 14. Imported forest products which are yet to be domestically processed
1. A dossier on a shipment of directly imported forest products is prescribed in Article 10 of the Circular No. 01/2012/TT-BNNPTNT dated January 04, 2012.
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a) A dossier on imported forest products sold by an organization includes a VAT invoice or export invoice stipulated by the Ministry of Finance and a packing list of forest products certified by a local forestry protection authority.
b) A dossier on imported forest products sold by an individual includes a packing list of forest products certified by a local forestry protection authority.
Article 15. Domestically raised forest animals and their parts or derivatives
1. A dossier on domestically raised forest animals and their parts or derivatives sold by an organization includes a VAT invoice or export invoice stipulated by the Ministry of Finance and a packing list of forest products that is certified by a local forest protection authority.
2. A dossier on domestically raised forest animals and their parts or derivatives sold by a community, household or individual includes a packing list of forest products that is certified by a local forest protection authority.
Article 16. Confiscated unprocessed forest products
1. A dossier on forest products sold by a confiscating authority includes a VAT invoice or export invoice stipulated by the Ministry of Finance and a packing list of forest products that is made by a forest product seller.
2. A dossier on forest products sold by an organization includes a VAT invoice or export invoice stipulated by the Ministry of Finance and a packing list of forest products that is certified by a local forest protection authority.
3. A dossier on forest products sold by a community, household or individual includes a packing list of forest products that is certified by a local forest protection authority.
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1. A dossier on forest products that are processed from timber extracted from domestic natural forests and are sold by an organization includes a VAT invoice or export invoice stipulated by the Ministry of Finance and a packing list of forest products that is certified by a local forest protection authority.
2. For forest products processed from imported or confiscated timber:
a) A dossier on forest products that are processed from imported or confiscated timber and sold by the organization specified in Point a Clause 4 Article 26 of this Circular includes a VAT invoice or export invoice stipulated by the Ministry of Finance and a packing list of forest products.
b) A dossier on forest products that are processed from imported or confiscated timber and sold by the organization specified in Point b Clause 4 Article 26 of this Circular includes a VAT invoice or export invoice stipulated by the Ministry of Finance and a packing list of forest products certified by a local forest protection authority.
3. A dossier on forest products that are processed from timber extracted from domestic natural forests and imported or confiscated timber and are sold by a community, household or individual includes a packing list of forest products that is certified by a local forest protection authority.
4. A dossier on forest products processed from timber extracted from consolidated planted forests, home gardens, farms or scattered trees
a) A dossier on forest products processed from timber extracted from consolidated planted forests, home gardens, farms or scattered trees and sold by an organization includes a VAT invoice or export invoice stipulated by the Ministry of Finance and a packing list of forest products.
b) A dossier on forest products processed from timber extracted from consolidated planted forests, home gardens, farms or scattered trees and sold by a community, household or individual includes a packing list of forest products.
5. A dossier on processed non-timber forest products:
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b) A dossier on processed non-timber forest products sold by a community, household or individual includes a packing list of forest products.
Article 18. Internal transport of forest products
1. A dossier on internal transport of forest products within a province or central-affiliated city includes a product dispatch and internal transport note enclosed with a packing list of forest products.
2. A dossier on internal transport of forest products between places not within the same province or central-affiliated city
a) A dossier on transport of natural forest timber, imported timber, confiscated unprocessed timber; forest animals and their parts and derivatives includes a product dispatch and internal transport note and a packing list of forest products that is certified by a local forestry protection agency.
b) A dossier on transport of forest products other than those specified in Point a of this Clause includes a product dispatch and internal transport note enclosed with a packing list of forest products.
Article 19. Transport of transited forest products
1. A customs declaration of transited forest products that is certified by a border checkpoint customs authority under the State's applicable regulations.
2. A packing list of forest products made by the foreign exporter.
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4. In case transited forest products are loaded and unloaded within the Vietnamese territory for transshipment or portage at ports or stations, a subsequent dossier on transited forest products includes a packing list of forest products for each shipment or each vehicle enclosed with certified copies of the dossier on transited forest products specified in Clauses 1, 2 and 3 of this Article.
A forest product dossier retained at a forest animal processing, trading and raising facility includes a record of forest product receipt and dispatch; a VAT invoice or export invoice; a packing list of forest products and other documents on received and dispatched forest products specified in this Circular.
Article 21. Forest product dossiers retained at storage facilities
Forest product dossiers retained at storage facilities shall be prepared with respect to each category of forest products in the different stages of the forest product circulation process (origin of forest products; sale of forest product, processing and trading) under this Circular.
INSPECTIONS OF ORIGIN OF FOREST PRODUCTS
Section 1: RULES FOR INSPECTIONS OF FOREST PRODUCTS
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1. Inspections of forest products shall be carried out by forest protection authorities at all levels during the extraction, transport, processing, trading, growing, raising or storage of forest products.
During the inspection, a forest product owner is found having incomplete forest product dossiers or actual forest products are inconsistent with their dossiers specified in this Circular, the inspecting authority shall investigate and verify the origin of these forest products.
2. Inspections of forest products shall be carried out according to a plan or when the forest product owner is found or suspected of committing violations against the law. During inspections, rangers shall wear their uniform, badges and insignias according to the State's regulations.
3. Every inspection of forest products shall be carried out in accordance with prescribed procedures and recorded using the Form No. 03 or 04 (in the case of inspection of forest products) attached to this Circular. In case violations against State’s regulations are found during inspections, it is required to record administrative violations as prescribed in the Government's Decree No. 99/2009/ND-CP dated November 02, 2009. <0}
Article 23. Report-based inspections
1. Receipt and processing of reports
a) Upon receipt of a report on a violation against the law, the ranger that receives the report shall notify the head of the authority. In case a citizen reports a violation against the law directly at the forest protection authority, the receipt of such report must be recorded. In case a report is received over the phone, the ranger shall request the person that makes the report to provide his/her full name, address and telephone number. In case of failure to do so, the ranger shall immediately notify the head of the authority.
b) The head of the forest protection authority shall make a record of report and manage it according to regulations on management of confidential documents.
2. Report-based inspections
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Section 2. INSPECTION OF EXTRACTION OF FOREST PRODUCTS
Article 24. Inspection of compliance with regulations on extraction of forest products
1. An inspection covers:
a) Compliance with regulations of law before the extraction: approval for extraction design, extraction permit, preparation of extraction site (clearance of bushes, construction or repair of roads, timber yards, planting of markers in the extraction area).
b) Compliance with regulations of law during and after the exploitation: places of extraction; compliance with technical procedures; quantity, weight and categories of primary forest products or forest cleaning; transfer and protection of forests after extraction.
c) Documents concerning forest product extraction.
2. Inspection methods
a) Inspection of the entire extraction site or inspection of randomly selected areas accounting for at least 30% (thirty percent) of the total forest area permitted for extraction.
b) Comparison of extraction dossiers with forest products actually extracted from the extraction site.
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1. For timber extracted and transported out of forests to a storage area, inspection of such timber shall be carried out concurrently with forest ranger hammer marking. To be specific:
a) Inspect timber storage areas; quantity, weight, name of species, log cutting and numbering, hammer mark, etc., under the regulations of the Ministry of Agriculture and Rural Development.
b) Inspect extraction dossier as prescribed in Article 24 of this Circular.
2. For non-timber forest products, their quantity, weight and name of species shall be inspected. The inspection and certification shall be specified in the packing list of forest products and extraction dossier as prescribed in Article 24 of this Circular.
Article 26. Inspections of forest product processing or trading facilities
1. In the case of inspection of forest products at a forest product processing or trading facility, a written permission granted by the head of the competent forest protection authority shall be obtained.
In case it is discovered that forest products have unlawful origin, the ranger on duty may immediately carry out an inspection and inform the head of the forest protection authority.
2. The owner of the processing or trading facility shall comply with the requests of the ranger and promptly present documents concerning management of the processing or trading facility and origin of forest products under this Circular.
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a) Documents on management of the processing or trading facility: a business registration certificate granted by a competent authority, indicating the forest product processing or trading.
b) Forest product dossiers.
c) Forest products currently available at the processing or trading facility.
d) Forest ranger hammer marks on timber subject to forest ranger marking under the regulations of the Ministry of Agriculture and Rural Development.
dd) Retention of forest product dossiers.
4. In the first quarter, the Forest Protection Sub-Department shall review and classify forest product processing or trading facilities within its area, notify review and classification results to these facilities and publicly post these results at the sub-department and notify the Forest Protection Department of the observance of law by these facilities which are divided into two groups:
a) Forest product processing or trading establishments that have properly observed the State's regulations.
b) Forest product processing or trading facilities that have violated the State's regulations on forest product dossiers or improperly observed the Slate's regulations.
Article 27. Inspection of forest product storage
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In case it is discovered that forest products have unlawful origin, the ranger on duty may immediately carry out an inspection and inform the head of the forest protection authority.
2. The owner of the storage facility and forest product owner shall comply with the requests of the ranger and promptly present the dossier on store forest products as prescribed in this Circular.
3. An inspection covers:
a) Dossier on stored forest products.
b) Forest products currently available at the storage facility.
c) Forest ranger hammer marks on timber subject to forest ranger marking under the regulations of Ministry of Agriculture and Rural Development.
Article 28. Inspection of forest animal raising facilities
1. In the case of inspection of a forest animal raising facility, a written permission granted by the head of the competent forest protection authority shall be obtained.
In case it is discovered that forest products have unlawful origin, the ranger on duty may immediately carry out an inspection and inform the head of the forest protection authority.
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a) Compliance with regulations of the law on animal raising: animal raising registration certificate, cage requirements, origin of animals, sanitation.
b) Records of forest animal receipt and dispatch.
c) Forest animals currently raised.
Section 4. INSPECTION OF FOREST PRODUCTS DURING THEIR SALE
Article 29. Inspection of forest products in transit
1. The ranger may only stop a road vehicle or water-borne vehicle that is running to inspect forest products if there are grounds to believe that such road vehicle or water-borne vehicle is transporting unlawful forest products. The person who stops the vehicle shall be responsible to law for his/her decision.
One or a combination of forest ranger whistle, flag and torch may be used to issue an order to stop a vehicle.
Barriers are not allowed to be erected on roads to stop vehicles for inspection of forest products. In special cases, the President of the People’s Committee of the province shall decide to erect barriers and take responsibility for his/her guidelines for the erection.
2. Every vehicle operator shall obey the order to stop issued by a ranger and immediately produce the dossier (original) on forest products on his/her vehicle according to this Circular and documents about his/her vehicle under the State's applicable regulations.
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a) Forest product dossier.
b) Forest products on the vehicle.
c) Forest ranger hammer marks on timber subject to forest ranger marking under the regulations of Ministry of Agriculture and Rural Development.
After the inspection, the inspector in charge shall specify name of the inspecting authority; date and place of inspection; quantity and weight of forest products on the vehicle; sign and write his/her full name on the back side of the VAT invoice or export invoice and packing list of forest products.
Article 30. Inspection of imported, exported or transited forest products at border checkpoint
In case it is required to verify the origin of imported, exported or transited forest products, the Forest Protection Sub-Department shall cooperate with the border checkpoint customs authority in inspecting and verifying the origin of forest products under this Circular and applicable regulations of law.
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2. This Circular replaces the Decision No. 59/2005/QD-BNN dated October 10, 2005 of the Ministry of Agriculture and Rural Development on promulgation of regulation on inspection and control of forest products.
Article 32. Reporting regulation
1. On the last day of every quarter, every forest product extraction, processing or trading facility shall submit a report on the forest product receipt and dispatch that is prepared using the Form No. 05 hereof to the local forest protection authority.
2. Regarding authorities that have the power to certify forest products
a) In the first week of every month, the People's Committee of the commune shall submit a report on the preceding month's certification of forest products that is prepared using the Form No. 06 hereof to the local forest protection authority, if they certify forest products under this Circular in that month.
b) In the second week of every quarter, every local forest protection authority shall submit a report on the receipt and dispatch of forest products within its area in the preceding quarter that is prepared using the Form No. 06 hereof to the Forest Protection Sub-Department of the province.
c) The Forest Protection Sub-Department of the province shall provide and report information on the management of forest products and inspection of their origin within its area according to this Circular to the Forest Protection Department at the latter's request.
Article 33. Taking actions against violations
Violators of this Circular shall, depending on the nature and severity of their violations, incur disciplinary penalties or administrative penalties or criminal prosecution as prescribed by law./.
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CERTIFIED BY
THE MINISTER
Cao Duc Phat