Proposing regulations on classification of timber processors and exporters

According to the daft, criteria for classification of timber processors and exporters are specified in Article 12 of Decree No. 102/2020/ND-CP of the Government dated September 1, 2020 on promulgating the Vietnam Timber Legality Assurance System and Appendix II promulgated together with Decree No. 102/2020/ND-CP

Specifically, according to Article 12 of Decree No. 102/2020/ND-CP, Category I enterprises are those that: Have been registered and operated for at least 01 year from the registration date in accordance with regulations of law on enterprise establishment and operation; Comply with regulations of law on timber legality assurance of this Decree and the Minister of Agriculture and Rural Development on traceability of forest products; Prepare and submit reports in accordance with Clause 4 Article 27 of Decree No. 102/2020/ND-CP and retain original documents as prescribed by law; Not commit any of the violations specified in Clause 4 Article 13 of this Decree

Category II enterprises are those that fail to satisfy any of the criteria specified in Category I.

Decree No. 102/2020/ND-CP stipulates that an export shipment of timber whose owner is not a Category I enterprise must be proved legal origin of timber

According to the Draft, enterprises that buy timber from Category II enterprises for exports without processing do not meet criteria of Category I enterprises.

Registration for enterprise classification

According to the Draft, the dossier-receiving agency is provincial forest protection service or provincial department of agriculture and rural development in localities where the enterprise's headquarter or processing facility is located do not have provincial forest protection services.

The dossier-receiving address is the receiving agency where enterprises' headquarters or processing facilities are located. In case the timber enterprise have more than one headquarter or processing facility located in different localities the enterprises shall select a receiving agency in one specific locality for registration. Registration procedures: In case of direct registration. The timber enterprise shall access the Classification system at the website www//http:kiemlam.org.vn or the National Public Service Portal, choose registration address and declare information including: Name, tax code, address of the enterprise specified in the enterprise's  business license registered at the National Business Registration Portal: www//http:dangkykinhdoanh.gov.vn. The Classification System automatically issues an account and the enterprise shall create its own account password.

In case the enterprise couldn't access the Classification System or the National Public Service Portal, the enterprise shall send its declaration of classification of timber processors and exporters using form No.8, Appendix I promulgated together with Decree No.102/2020 /ND-CP and relevant documents directly or by post. The receiving agencies shall be responsible for entering information into the Enterprise Classification System and notifying the enterprise of this following a form.

Enterprise classification

According to the Draft, for the enterprise meeting classification criteria, the receiving agency shall classify the enterprise into Category I enterprises on the Enterprise Classification System.

For the enterprises not meeting classification criteria, the receiving agencies shall notify them of this following a form

If the information provided by the enterprise needs verifying, after having the verification results, the receiving authority shall notify the enterprises of the results following a form

Within 01 working day from the day on which the enterprise is classified into Category I, the Forest Protection Department shall publish the result on the website www//http.kiemlam.org.vn and on the National Public Service Portal.