What are regulations on publishing classification results, change in category and reclassification of timber processing and exporting enterprises in Vietnam?

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Question date: 09/09/2022

What are regulations on publishing classification results, change in category and reclassification of timber processing and exporting enterprises in Vietnam? Thank you!

    • What are regulations on publishing classification results of timber processing and exporting enterprises in Vietnam?

      Pursuant to Article 6 of the Circular 21/2021/TT-BNNPTNT (takes effect from 01/05/2022) stipulating publishing classification results of timber processing and exporting enterprises in Vietnam as follows:

      1. The receiving authority shall carry out enterprise classification and notify enterprise classification results on the enterprise classification system. In case the enterprise classification system is not available, a notice of enterprise classification results made using Form No. 05 in Appendix I enclosed herewith shall be sent to the enterprise.

      2. Within 01 working day from the date on which an enterprise is classified as Category I enterprise as prescribed in Clause 1 of this Article, the Forest Protection Department shall publish enterprise classification results on www.kiemlam.org.vn.

      What are procedures of change in category of timber processing and exporting enterprises in Vietnam?

      Pursuant to Clause 1, Article 7 of the Circular 21/2021/TT-BNNPTNT (takes effect from 01/05/2022) stipulating procedures of change in category of timber processing and exporting enterprises in Vietnam as follows:

      a) Cases where Category of an enterprise is changed: a Category I enterprise or its legal representative is facing criminal prosecution as prescribed in Article 232 of the 2015 Criminal Code (as amended in 2017) and does not yet have their criminal record expunged or has been issued with a decision on administrative penalty imposition issued by a competent authority as prescribed in Clause 4 Article 13 of the Decree No. 102/2020/ND-CP and has undergone the period after which they are regarded as having never been administratively handled;

      b) The receiving authority shall verify the information specified in Clause 1 of this Article so as to remove that enterprise from the list of Category I enterprises published on the enterprise classification system. In case the enterprise classification system is not available, the receiving authority shall send a notice using Form No. 05 in Appendix I enclosed herewith to the enterprise and immediately send the result of change in Category by email to the Forest Protection Department.

      Within 01 working day from the receipt of information about change in Category from the receiving authority through the enterprise classification system, the Forest Protection Department shall publish such change in Category of enterprise on www.kiemlam.org.vn.

      What are procedures of reclassification of timber processing and exporting enterprises in Vietnam?

      Pursuant to Clause 2, Article 7 of the Circular 21/2021/TT-BNNPTNT (takes effect from 01/05/2022) stipulating procedures of reclassification of timber processing and exporting enterprises in Vietnam as follows:

      a) Enterprises shall apply for the second, third and subsequent classification according to the provisions of Article 4 of this Circular;

      b) Receiving authorities shall carry out the second, third and subsequent classification in the same manner as the first classification. The Forest Protection Department shall publish enterprise reclassification results according to the provisions of Clause 2 Article 6 of this Circular.

      Best regards!

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    LEGAL BASIS OF THIS SITUATION
    • Article 6 of the Circular 21/2021/TT-BNNPTNT Download
    • Article 7 of the Circular 21/2021/TT-BNNPTNT Download
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