What are regulations on verification of information when applying for classification of timber processing and exporting enterprises in Vietnam?

Cases where information verification is required when applying for classification of timber processing and exporting enterprises in Vietnam

Pursuant to Clause 1, Article 5 of the Circular 21/2021/TT-BNNPTNT (takes effect from 01/05/2022) stipulating cases where information verification is required when applying for classification of timber processing and exporting enterprises in Vietnam as follows:

- It is suspected that the documents provided by an enterprise are altered, erased or forged; contents provided are contradictory or inconsistent with each other;

- It is notified as prescribed by law that the enterprise has provided untruthful information about one of the enterprise classification criteria.

Sources for information verification when applying for classification of timber processing and exporting enterprises in Vietnam

Pursuant to Clause 2, Article 5 of the Circular 21/2021/TT-BNNPTNT (takes effect from 01/05/2022) stipulating sources for information verification when applying for classification of timber processing and exporting enterprises in Vietnam as follows:

- Regarding the compliance with regulations of law on enterprise establishment and the required operating period of at least 01 year from the date of establishment: information obtained from the National business registration portal (www.dangkykinhdoanh.gov.vn); information provided by relevant authorities, organizations and individuals;

- Regarding the compliance with regulations of law on environment: information obtained from natural resources and environment authorities; environmental police authorities; information obtained by local forest protection authorities during their performance of local management tasks; information provided by relevant authorities, organizations and individuals;

- Regarding the compliance with regulations of law on fire fighting and prevention: information obtained from fire fighting and prevention police authorities; information obtained by local forest protection authorities during their performance of local management tasks; information provided by relevant authorities, organizations and individuals;

- Regarding the compliance with regulations of law on taxation and labour management: information obtained from tax authorities, labour, authorities in charge of war invalids and social affairs, social insurance authorities, Confederation of Labor; information obtained by local forest protection authorities during their performance of local management tasks; information provided by relevant authorities, organizations and individuals;

- Regarding the compliance with regulations of law on timber legality assurance; compliance with regulations on reporting as prescribed in Clause 4 Article 27 of the Decree No. 102/2020/ND-CP and retention of original documents as prescribed by law; commission of none of violations for which the violating entity is liable to penalties as prescribed in Clause 4 Article 13 of the Decree No. 102/2020/ND-CP: information obtained by local forest protection authorities during their performance of local management tasks; information obtained from the database on violations in forestry sector (hereinafter referred to as “violations database”); information provided by relevant organizations and individuals.

Verification procedures for information verification when applying for classification of timber processing and exporting enterprises in Vietnam

Pursuant to Clause 3, Article 5 of the Circular 21/2021/TT-BNNPTNT (takes effect from 01/05/2022) stipulating verification procedures for information verification when applying for classification of timber processing and exporting enterprises in Vietnam as follows:

- The receiving authority shall send a notification through the enterprise classification system of time and contents of verification to the subject enterprise. In case the enterprise classification system is not available, a notification made using Form No. 03 in Appendix I enclosed herewith shall be sent to the enterprise;

- The receiving authority shall directly carry out or cooperate with relevant authorities (where necessary) to carry out information verification and make a verification record using Form No. 04 in Appendix I enclosed herewith;

- In case the verification is carried out outside the province where the applicant for enterprise classification is situated: The receiving authority shall send the information to be verified to the receiving authority in charge of the locality where the verification is made to carry out the verification according to Points a, b of this Clause. The receiving authority shall carry out information verification and inform verification result to the receiving authority in charge of province where the applicant for enterprise classification is situated.

Best regards!