Thông tư 42/2012/TT-BNNPTNT

CIRCULAR

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

Pursuant to the December 03, 2004 Law on Forest Protection and Development;

Pursuant to the Government's Decree No. 23/2006/ND-CP of March 3, 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 of September 10, 2009, on amending Article 3 of the Government's Decree No. 01/2008/ND-CP of January 03, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of Director of Forestry General Department;

The Minister of Agriculture and Rural Development promulgates Circular amending and supplementing a number of articles of the Circular No.01/2012/TT-BNNPTNT of January 04, 2012 stipulating dossiers of lawful forest products and inspection of the origin of forest products. 

Article 1. To amend and supplement a number of articles of the Circular No.01/2012/TT-BNNPTNT  

1. Clause 7, Article 3 is amended and supplemented as follows:

“7. Internal transportation means the transportation of forest products between dependent cost-accounting units such as:  forest farms, forestry companies, processing plants, branches or stores of an independent cost-accounting enterprise with the legal person status; or the transportation of forest products from an independent cost-accounting enterprise with the legal person status to its dependent cost-accounting units and vice versa.

For the transportation of forest products from exploitation places to warehouses or processing places; or transportation of forest products from warehouses or processing places to delivery place between the buyer and the seller under economical contract of that batch is also considered internal transportation”.

2. Clause 1, Article 4 is amended and supplemented as follows:

"1. Volume of round timber, sawn timber and square timber shall be determined under regulation on management and tree hammer marking, ranger hammer marking of the Ministry of Agriculture and Rural Development.

For stumps, roots, timber with complex shape, ornamental trees, trees for shadow or century-old trees, including their roots, trunks, branches and leaves, of which cannot be measured diameter, length for determining their volumes, and timber from concentrated-planting forest they shall be weighed in kilogram (kg) and converted at the ratio of 1,000 kg equivalent to 1 m3 of round timber or measured in steradian and converted at the ratio of one steradian equivalent to 0.7 m3 of round limber without classification under level of diameter”.

3. Point c, Clause 3, Article 5 is amended and supplemented as follows:

“c) To write the total quantity, volume or weight of round timber, cut timber and sawn timber from natural forest in the country with sizes smaller than those specified at Point b, clause 3, Article 5 of the Circular No.01/2012/TT-BNNPTNT or timber exploited from concentrated-planting forest without classification under level of diameter.

in case of making the above total packing list of forest products, when put forest products into processing to manufacture various products, forest product owner must make the packing list of forest products used for each type of forest product and clearly write the origin referenced from that original total packing list of forest products”.  

4. Clause 1, Article 7 is amended and supplemented as follows:

a) At point a, clause 1, Article 7 denies the phrase: “concentrated-planting forest”.

b) Point c, Clause 1, Article 7 is amended and supplemented as follows:

“c) Local rangers shall advise People's Committees of communes, wards or townships (below collectively referred to as commune-level People's Committees) may certify the unprocessed forest products exploited from natural forests in the country by community, household or individual delivering”.

5. Point b, clause 1, Article 9 denies the phrase: "For timber ineligible for ranger hammer-marking according to regulation of the Ministry of Agriculture and Rural Development: a packing list of forest products with the certification of a competent agency specified in Clause 1, Article 7 of this Circular”.

6. Article 13 is amended and supplemented as follows:

“Article 13. Unprocessed forest products exploited from consolidated-planting  forests, home gardens, farms or scattered trees

1. A dossier of forest products exploited from consolidated-planting forests, home gardens, farms or scattered trees of an organization delivering comprises:  An added-value invoice or an export invoice as prescribed by the Ministry of Finance and a packing list of forest products.

2. A forest product dossier of a community, household or individual delivering comprises:  a packing list of forest products”.

7. Article 14 is amended and supplemented as follows:

“Article 14. Imported forest products which are not processed in the country

1. A dossier of a forest product batch imported directly complies with Article 10 of the Circular No.01/2012/TT-BNNPTNT of January 04, 2012.

2. A dossier of forest products with origin from import when delivering:

a) A dossier of forest products with origin from import of organization delivering comprises: An added-value invoice or an export invoice as prescribed by the Ministry of Finance and a packing list of forest products with certification of a local ranger agency.

b) A dossier of forest products with origin from import of individual delivering comprises: A packing list of forest products with certification of a local ranger agency”.

8. To amend and supplement Point a, Clause 2, Article 18 as follows:

a) A dossier of transportation of timber from natural forest in the country, import timber, confiscated and unprocessed timber; forest animals or their parts or derivatives comprises:  an internal-transport and ex-warehousing bill enclosed with a packing list of forest products with the certification of a local ranger agency”.

Article 2. To replace phrases specified in the Circular No. 01/2012/TT-BNNPTNT  

a) To replace the phrase: “sale invoice” with the phrase: “added-value invoice or export invoice”.

b) To replace the phrase: “internal ex-warehousing bill ” with the phrase: “an internal-transpor and ex-warehousing bill”.  

Article 3. Implementation provisions

1. This Circular takes effect on October 15, 2012.

2. During the course of implementation, any problem should be reported by organizations, individuals to the Ministry of Agriculture and Rural Development for settlement.