What are criteria for determination and authority to announce low risk countries importing timber into Vietnam?

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Question date: 20/06/2022

What are criteria for determination and authority to announce low risk countries importing timber into Vietnam? What are criteria for determination risk category of imported timber species into Vietnam? I'm an owner of an wood production enterprise in Vietnam. Recently, because of the rise in the need of wood from the customers, I would like to import wood from foreign countries. However, I don't know criteria for determination and authority to announce low risk countries. What are criterias for determination risk category of imported timber species into Vietnam? Looking forwrad to your consultancy. Thank you!

    • What are criteria for determination and authority to announce low risk countries importing timber into Vietnam?

      Pursuant to Article 5 of the Decree 102/2020/NĐ-CP stipulating criteria for determination and authority to announce low risk countries importing timber into Vietnam as follows:

      1. Countries are considered low risk if:

      a) They have an operative TLAS in place issuing FLEGT licenses; or

      b) They have binding national regulatory frameworks on due diligence for timber legality covering the whole supply chain to the country of harvest recognized by Vietnam as meeting the VNTLAS criteria; or

      c) The indicator for effectiveness of government according to World Bank Worldwide Governance Indicators (WGI) is from 0 and above. The regulatory system on for CITES implementation is rated I-level as announced by the CITES Secretariat and one of the two following are met: Vietnam has a bilateral agreement on timber legality with these countries, or countries have a national regulatory timber certification scheme recognized by Vietnam as meeting timber legality criteria prescribed by this Decree.

      2. A country will be considered high risk if the criteria specified in Clause 1 of this Article are not satisfied.

      3. The Ministry of Agriculture and Rural Development shall cooperate with the Ministry of Industry and Trade, the Ministry of Natural Resources and Environment, the Ministry of Foreign Affairs, relevant ministries and central authorities in issuing and updating the list of low risk countries in accordance with international treaties to which Vietnam is a signatory.

      The list of low risk countries shall be published on www.kiemlam.org.vn.

      Therefore, low risk countries have to meet all criterias above to export timber into Vietnam.

      What are criteria for determination risk category of imported timber species into Vietnam?

      Pursuant to Article 6 of the same Decree stipulating criteria for determination and authority to announce risk category of imported timber species into Vietnam as follows:

      1. Imported timber species are considered high risk if:

      a) The species are listed in any of the Appendices of CITES;

      b) The species are critically endangered precious and rare species in Category IA and Category IIA; on Vietnam’s List of controlled species;

      c) The timber species are imported into Vietnam for the first time;

      d) The species are threatened with extinction in the country of harvest or illegally traded as determined by the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, the Ministry of Natural Resources and Environment, the Ministry of Foreign Affairs, relevant ministries, central authorities and the organizations specified in international treaties to which Vietnam is a signatory.

      2. Low risk species are defined as those not satisfying any of the criteria specified in Clause 1 of this Article.

      3. The Ministry of Agriculture and Rural Development shall take charge and cooperate with relevant authorities in updating and announcing the list of imported types of timber every 6 months on June 30 and December 31.

      The list of imported types of timber, including their scientific name, common Vietnamese names and English names (if any), shall be published on www.kiemlam.org.vn.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Decree 102/2020/NĐ-CP Download
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