Decision No. 1124/1997/QD-TTG on the exportation of timber products, forest products and importation of raw timber material

GOVERNMENT No: 1124/1997/QD-TTg SOCIALIST REPUBLIC OF VIETNAM Independence -Freedom-Happiness Hanoi, December 25th, 1997 DECISION OF THE PRIME MINISTER on export of timber products ,forest products and import of raw material timber PRIME MINISTER Based on the Law on Government Organisation dated 30 September 1992; Pursuant to the Law on Forest Protection and Development on 19 August 1991; and At the request of the Minister of the Ministry of Agriculture and Rural Development and Minister of the Ministry of Trade, DECIDES Article 1 . In this Decision, the following terms should be refrerred to as below: 1 . Completed timber products : are timber products produced through technological process , with a specific utilisation value and immediate use for consumption and can not be used as materials for further turning out into other products effectively; 2. Fine arts timber products : are finished timber products manually or mechanically made or both combined ; completed by technologies as (drilling, engraving, carvlng,turning), surface decoration such as lacqure products (lacquer wares, @Olden coving, polished paintings); 3. Different panels : plywood, veneerwood, chipboard, fiberboard, joinery board, with or without surface cover, with or without surface decoration; 4. Timber groups I.A and group II.A : are rare and valuable timber categories from natural forest belonging to group I.A and II.A In the list of plants promulgated and attached to the Decree No 18/HDBT dated 17 January 1992 of the Council of Ministers (now the Governemt); 5. Timber groups from No l to No 8 are timber species from the natural forests which are classified according to the quality of timber; the classification list has been promulgated by the Ministry of Agriculture and Rural Development; 6. Timber from plantation forest : is timber extracted f~om the plantation forest belonging to different funding re$ources, including liqudated rubber timber, garden timber and timber form scattered trees; 7. Imported timber materials: are timber in the form of rouhd logs, sawn timber, different artificial panels, utility timber from imported packing frames; 8. Legal timber resources : are imported timber resources and domestic timber rersources authorized by competent bodies for exploitation. Ministry of Agriculture and Rural Development has promulgated the Circular on guiding the certification of legal timber resources. Article 2. Timber resources are permitted for export from legal timber resources : 1. Fine art finish products processed from natural timber (exaept the timber group I.A), different types of imported timber and! timber from forest plantation Including the following types : a) lacquer wares products b) wooden statues, products processed with tree roots c) wooden pictures : carved and engraved pictures, pearl engraved pictures, joinery timber pictures, d) Products for decoration, souvenir, advartizing like: glasses, cups, plates, trays, spoons, fans, pots, vases, bows, swords, pot stands, lamps, wooden shoes, ancestral tablets , chain carpets, necklaces, boxes, badges, emblems, symbols, picture frames, photo frames, fine art carvings, decoration blinds, stands for fine arts. d) Musical Instruments, toys, badmintons , tennis rackets, table tennis rackets , billards sticks, sticks for shepherds, sh<1>e-heel supporters, artificial legs and arms , umbrella canes, canes for brushes e) Tables , chairs and beds of different types, stands, small 'tables, alters, tea tables, tea wardrobles, pagoda wardrobes, clock 1 boxes, high-quality cabinets. All these products should be sculptured, carved , engraved or combined with these prefabricated steps. g) Products used to make fine arts combined with rattans, bamboos and other materials. 2. Timber finish products made from timber removed from plantation forests and Imported timber; 3. Products of rattans, bamboos and other materials combined with timber; 4. Wood chips, veneers, artificial panels, Joinery timber qoinery panels , joinery franks) produced from timber extracted plarhtatlon forests and imported timber; 5. Export products are allowed to loose when export. Article 3. Other forest products permitted for export are : Products made from different types of bamboo(tre, nua, ,glang, vau,luong, true, lo o), rattan, forest leaves or processed from the above-mentioned materials combined with other materials. Pulp for timber boards, paper making, incense ... produced from timber, bamboo ... or forest leaves of tree species not belonging to Group IA, IIA in the list attached to Decree No 18/HHDBT dated 17 January 1992. Essential oils, colophane, forest resin. ~ Forest products: bamboos of different types (tre, nua. glang, vau, luong, true, loo) forest leaves, bamboo shoots of different kinds. Article 4. Export of timber products of foreign-Invested enterprises should follow the regulations in the issued Investment licences. Article 5. All regulations on material timber management and forest products for production of export products. 1. Timber from natural forests a) Timber from natural forests and different kinds of artificial panels processed from the local natural forest timber is permlted to ~se for making fine art products for export In accordance with the provision 1 , Article 2 of this Decision. b) Every year, based on the targets of logging plans of the natural forests assinged by the Prime Minister , after balancing the domestic production and consumption , capacity of production of wooden fine arts , Ministry of Agriculture and Rural Development will submit the Prime Minister for approval of quotas for natural forest timber extracted for production of fine arts for export. Based on the approved quotas of natural timber for production of wooden fine arts for export, Ministry of Agriculture and Rural Development allocates quotas of natural forest timber to mit1"11strles, sectors and provincial people's committees and Cities under Central Government who produce fine arts for export. Based on which, Ministers, chairmen of the provlnical people's commlttes, cities under the Central Government provide specific quotas to enterprises, units directly Involved In production and marketing of wooden fine arts under their management , including enterprises with foreign investment capital. c) Border Customs, based on the items stated in the Article 2 of this Decision and quotas for timber already allocated lny the Minister, chairmen of the People's Committees for making necessary administrative arrangements for export of wooden fine arts. 2. Timber from the plantation forest: a) Every year, Ministry of Agriculture and Rural Development declares plantation forest areas invested by the National budget as raw materials areas for the demand of local indutries. b) Except plantation forest timber said in the above mentioned Item (a), timber form concentrated plantation forest , liquidated rubber wood, timber form gardens and scattered trees is permitted for use for production of export products in accordance with Article 2 of this Decision. c) Border Customs, based on legal timber resources according to the Circular of the Mlnsltry of Agrlculture and Rural Development, make necessary procedures for export of timber products. 3. Raw timber imported : a) Enterprises belonging to all economic sectors having licences for wood processing or business licence for import-export of forest products are encouraged to import raw material timber of all kinds to serve consumption and production of export goods. Round logs, sawn timber imported and tlber products exported and produced from Imported raw material timber are applied with the lowest taxation level under the current import and export tax framework . Ministry of Finance adjusts tarrifs for timber Import to provide incentives to Import of raw timber. b) Raw material timber legally imported to Vietnam after January 1996 is allowed to use for production of export products In accordance with Article 2 of this Decision. c) Based on the timber resources Imported and dutied at the Custom for import and certified by the Forest Protection Department and in registration book of the enterprise when delivering to the enterprises, the Border Customs make dL.Jtles for export of products made from imported timber. d) Export items according to prefabricated contracts are lmplemeted in accordance with the current regulation. d) Timber resources imported from Cambodia are applied in accordance with separate regulation by the Prime Minister. 4. Forest products : Custom office at the border , based on the list of products regulated In the Article 3 of this Decision, makes export arrangements for the above-mentioned products. Article 6. lmlementatlon provision l . Ministry of Agriculture and Rural Development coordinates with the Provincial People's Committee, cities under the Central Government and other related bodies to check the timber logging operation, prevent from illegal exploitation, ensure the correct observation of the crlterias and approved exploitation areas; control the production and export of timber products and forest products in accordance with this Decision. 2. Ministry of Agriculture and Rural Development and Ministry of Trade, General Department of Customs, with their functions, guide the implementation of this Decision; 3. Temporary import and re-export, transfering and transit of timber and forest products of different kinds, follow the current regulation of the Government on temporary import and re-export, transfer and transit, and not included In this Decision for adjustments. 4. This Decision will become in force after 15 days since the $igning date and replaces the Decision No 664/Tfg dated 18 october 1995 by the Primer Minister.Previous decisions against this Decision are now abolished. 5. Ministers, Heads of Mfnlterlal level bodies , heads of the Government office , Chairmen of tt1e Provincial Peoples Committees , cities under the Central Government are responsible for Implementing this Decision . PRIME MINISTER (Signed) Phan Von Khai