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Country Risk Profiles

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Risks are listed below and organised under the relevant indicator. Click on the risk below for details on the specifc risk, mitigation options and the related legal requirements.
  • Specified Risks
  • Low Risks
  • Not Applicable
Legal rights to harvest
1.1 Land tenure and management rights
  • Risk of disputes/conflicts over the forest between state forest companies and local communities
  • Risk that required land-use right certificate or proof of legal right to harvest the forest is lacking
  • Low risk of violation of requirements related to business and tax registration
1.2 Concession licenses
  • Risk of forest allocation and contracting to wrong contractors, using of forest land for inappropriate purposes
  • Risk of lack of equity, transparency, and accountability, leading to long delays and corrupt practices in the forest contracting process
  • Risk that land measurements and borders are not included in the lease contracts
1.3 Management and harvesting planning
  • Risk of lack of sustainable forest management plan and approval by the appropriate authority
1.4 Harvesting permits
  • Risk that harvest dossier is not in place for the harvest of plantations established with the State's funds (risk applies to state-funded plantations only)

1.5 Payment of royalties and harvesting fees
  • As the tax on natural resources is applied to forest products in natural forests only and there is a logging ban for natural forests, this indicator is not applicable
1.6 Value-added taxes and other sales taxes
  • VAT is not applied for organizations or individuals operating at the forest level. therefore, the risk is not applicable.
1.7 Income and profit taxes
  • Risk of evading tax by minimizing taxable income compared to actual income through reducing revenue or increasing costs, or both when making tax declarations

1.8 Timber harvesting regulations
  • Low risk concluded
1.9 Protected sites and species
  • Risk that timber in the protected area is illegally harvested and enters the commercial supply chain
1.10 Environmental requirements
  • The risk that the Sustainable Forest Management plan and environmental requirements are not implemented by the forest owners
  • Risk that forest owners do not have and implement a fire prevention and fighting plan
1.11 Health and safety
  • Risk that health and safety requirements are not followed
1.12 Legal employment
  • Lack of social insurance and trade union for workers
  • Risk of child labor
  • Risk of overtime work
  • Lack of labour contracts

1.13 Customary rights
  • Not applicable. There is no formal recognition of customary rights in Viet Nam legislation.
1.14 Free prior and informed consent
  • Not applicable. FPIC has not been implemented into the legal framework.
1.15 Indigenous/traditional peoples rights
  • Not applicable. Ethnic minorities are treated equally under Vietnamese law.

1.16 Classification of species, quantities, qualities
  • Risk of incorrect packing lists
1.17 Trade and transport
  • Risk of incorrect packing lists
1.18 Offshore trading and transfer pricing
  • Risk of offshore trading and transfer pricing, especially related to trade with Foreign Direct Investment (FDI) enterprises from tax haven countries
1.19 Custom regulations
  • For exporting - low risk concluded
  • For import - risk of illegal import of timber from Laos and Cambodia
1.20 CITES
  • Dalbergia Cochinchinensis - lack of fulfillment of the administration procedures for planting and harvesting CITES species
  • Dalbergia Oliveri - lack of fulfilment of the administration procedures for planting and harvesting cites species
  • Aquilaria spp. - risk of illegal cites species harvest from the natural forest
  • Dalbergia Oliveri - risk of illegal cites species harvest from the natural forest
  • Dalbergia Cochinchinensis - risk of illegal cites species harvest from the natural forest
1.21 Legislation requiring due diligence/due care procedures
  • Risk that due diligence requirements are not complied with
1.22 Supply chain transparency and traceability
  • Mapping of supply chain and obtaining accurate information on species and origin can be challenging
1.1 Land tenure and management rights
Last updated on 2021-12-13 Risk of disputes/conflicts over the forest between state forest companies and local communities Specified RISK
The spatial extent of conflicts over forest land is larger than that indicated by Viet Nam government statistics. The main reasons for conflicts include: (1) Unfair land distribution and utilization, (2) People lack productive land, (3) Increasing role of the commercial agriculture market, and (4) Local authorities lack an effective mechanism to address conflict. In addition, unclear demarcation of forestland boundaries in the field and lack of l... VIEW MORE

The spatial extent of conflicts over forest land is larger than that indicated by Viet Nam government statistics. The main reasons for conflicts include: (1) Unfair land distribution and utilization, (2) People lack productive land, (3) Increasing role of the commercial agriculture market, and (4) Local authorities lack an effective mechanism to address conflict. In addition, unclear demarcation of forestland boundaries in the field and lack of local participation has caused conflicts over forest use and management.

Regarding rubber wood from plantations managed by Viet Nam Rubber Group (state-own enterprise), the plantations were established a long time ago (30-40 years ago), with clear boundaries and stable legal rights to the land allocated by the State at the time of establishment. The lands have been well-managed for rubber plantations. There has been no reported disputes or violations related to land-use and management right of those rubber plantations in Viet Nam. Consultation with legality experts in Viet Nam supports the view that risk related to land tenure is considered low for rubber plantations owned by the Viet Nam Rubber Group.

References
VIEW LESS
The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Stakeholder consultation
1
Consult Forest Protection Department
Verify whether there are conflicting land-use claims to a forest area, stakeholder consultation on the ground should be carried out.
2
Consult Department of Agriculture and Rural Development (DARD)
Verify whether there are conflicting land-use claims to a forest area, stakeholder consultation on the ground should be carried out.
Description of legal requirements

The forest owner shall physically possess the Land-use right certificate or equivalent documents to demonstrate their land-use right to the land.

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According to the Constitution of Viet Nam, regarding "land ownership," land (including forests, rivers and lakes, water sources, and underground natural resources) belongs to the entire people, with the State acting as the owner's representative and uniformly managing land.

The State shall hand over "land use rights" to land users following the Land Law. The State can allocate land use rights to land users in one of the following forms:

  • Decision on land allocation without the collection of land use levy and allocation of land with the collection of land use levy.
  • Decision on a lease of land with annual rental payment and lease of land with one-off rental payment for the entire lease period. Recognition of land use rights.

In Viet Nam, the land is collectively owned by people and administered by the government on their behalf. Therefore, under such a system, tenure rights in Viet Nam are essentially usufruct rights, meaning that right holders may use land, but cannot own it. The state grants use rights through a "land-use right certificate" (LURC), which entitles holders to sell, rent, exchange, mortgage, and bequeath their use rights and to exclude others from the land. Users may also legally acquire use rights through lease, inheritance, or grant from a family member and purchase. Land use right certificates (LURCs) are necessary for formal state recognition of a user's rights and for secured tenure, formal land transactions, access to formal credit, and legal protection of land-use rights.

Viet Nam has complex land institutions regarding land tenure rights and management rights, which date back to the 1950s. The land was not formally nationalized until the 1980 Constitution, and the first so-called "Land Law" in Viet Nam was not passed until 1988. The second Land Law was passed in 1993—a fuller version that expanded upon the 1988 law. Since then, the 1993 Land Law has been amended four times: in 1998, 2001, 2003, and 2013. With the evolution of the land policy of Viet Nam in different periods, there are several types of legally required documents that can be used as evidence for legal land use rights and forest use rights. Some of them introduced under previous regulations may still be valid according to the current Land Law of 2013.

Land-use right certificate (usually known as the "Red book") was introduced through the Land Law of 1993. Since 1993, the issuance of land use rights certificates has been progressively extended to all land users and all categories of land throughout the country. That process is still underway, and there are some circumstances in which legal forest land users have not yet been granted land use rights certificates. In this situation, several alternative evidence may apply and can be used to demonstrate legal land use rights and legal forest use rights. Such alternatives include decisions on land allocation; decisions on forest allocation; decisions on forest land allocation; decisions on forest allocation combined with land allocation; decisions on land leasing; decisions on contracting forest land; forest registration books; and written confirmation from the Commune People's Committee that the land is currently used and is not subject to any dispute.

According to the Land Law 2013 (Article 105), the Provincial People's Committees are responsible for granting certificates of land use rights to organizations, religious establishments, overseas Viet Nam, foreign-invested enterprises which implement investment projects, and foreign organizations with diplomatic functions. Provincial People's Committees may authorize the Department in charge of Natural resources and Environment of the same level to grant the certificates of land use rights and ownership of houses and other land-attached assets. On the other hand, district-level People's Committees are responsible for granting the certificates of land use rights (or the Red book) to individuals and communities and to overseas Viet Nam that are eligible to own houses associated with land use rights in Viet Nam.

Forest land is classified as a sub-category of agricultural land (Article 10, Land Law 2013). As with other land in Viet Nam, forest land is not subject to private ownership but rather belongs to the whole people and is managed by the State. However, entities, including households and organizations, can be allocated or lease forestland to use for up to 50 years. Such use rights can be inherited, transferred, and exchanged. The Land Law 2013 and Law on Forestry 2017 categorize all forestland as belonging to one of three functional categories (special-use, protection, and production) and establish principles and rules for each category's management, protection, development, and use.

With regards to forest ownership, the Law on Forestry 2017 has institutionalized the concept of "forest ownership" (Article 7) following the provisions in the 2013 Constitution; accordingly, two categories of forest ownership are defined (i) forests under the ownership of the entire people for which the State is the owner's representative, which includes: natural forest; planted forest wholly invested by the State; and planted forests revoked by the State, donated or granted forest, or other cases of other planted forest ownership transferred following legal provisions; and (ii) forests under the ownership of organizations, households, individuals, local communities including planted forest invested by organizations, individuals and local communities; and forest donated, granted by or inherited from other forest owners in compliance with legal provisions.

In summary, in Viet Nam, there are four types of ownership and use rights to the forest land and forest:

  • Ownership of forest land – all land is publicly owned, with the State acting as the owner's representative.
  • Land use rights – land is allocated or leased to land users by the State, and land users have land-use rights recognized by the State.
  • Ownership of forest – two categories of forest ownership described above, and in short to be used in this risk assessment: State-owned and privately owned forest.
  • Forest use rights - is the forest owner 's right to exploit the utilities off and enjoy yields and profits from his/her/its forest.

With the new Law on Forestry 2017, "forest owner" is defined as either an organization or a household, an individual or a local community to whom the State allocates or leases forest; land for afforestation, restoration, development of forest by his/her own; who is transferred, donated, inherits a forest following legal provisions. There are 7 types of forest owners: (1) Special-use forest management boards, protection forest management boards, (2) Economic organizations including enterprises, cooperatives, and cooperatives unions, and other economic organizations established and operating following legal provisions, except those referred to in Clause 7 of this Article, (3) People's armed forces units that are allocated forests (below referred to as armed units), (4) Forestry related science and technology, training and vocational education organizations, (5) Domestic households and individuals, (6) Residential communities, and (7) Foreign-invested enterprises that are leased land by State for planting production forests.

Forest owners have the right to use forests and own planted production forests recognized by competent state agencies following the law. And they are responsible for managing, protecting, developing, and using forests in a sustainable manner and fulfilling their financial and other obligations following the law. According to Article 54, 135, 136, and 137 of Land Law 2013, and Article 14, 15, 16 of Law on Forestry 2017, for production purposes, planted production forest land can be allocated without forest use levy or leased with a one-off payment or annual rental payment by the State to economic organizations, households, and individuals. According to Enterprise Law and Investment Law, forest owners who conduct business activities in the forest for profit are considered enterprises that are subject to requirements relating to investment registration and business registration.

Legally required documents
Applicable legislation
VIEW LESS
1.1 Land tenure and management rights
Last updated on 2021-12-13 Risk that required land-use right certificate or proof of legal right to harvest the forest is lacking Specified RISK
Up to 2019, the land-use right certificate issuance rate reached 97,36%. This result helps to ensure the legal conditions for land users to exercise their legitimate rights and obligations following the land law. However, it has been reported that there were long delays and corrupt practices by officials of the local land registration agencies while issuing land-use certificates. This leads to lobbying and bribery by applicants. This risk is co... VIEW MORE

Up to 2019, the land-use right certificate issuance rate reached 97,36%. This result helps to ensure the legal conditions for land users to exercise their legitimate rights and obligations following the land law. However, it has been reported that there were long delays and corrupt practices by officials of the local land registration agencies while issuing land-use certificates. This leads to lobbying and bribery by applicants. This risk is common throughout the country.

With rubber wood from plantations managed by Viet Nam Rubber Group (state-own enterprise), the plantations were established a long time ago (30-40 years ago), with clear boundaries and stable legal rights to the land allocated by the State at the time of establishment. The lands have been well-managed for rubber plantations. There has been no reported disputes or violations related to land-use and management right of those rubber plantations in Viet Nam. Consultation with legality experts in Viet Nam supports the view that risk related to land tenure is considered low for rubber plantations owned by the Viet Nam Rubber Group. 

References
VIEW LESS
The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verification
1
Verify Land use rights certificate (Red Book) (from 15/10/1993 to date)
The land-use right certificate or other equivalent documents should cover the actual area and be signed off by the Local Authority. The name of the forest owner on the land-use right document should correspond with other documents such as business license
2
Verify Decision on land leasing (from 15/10/1993 to date)
The land-use right certificate or other equivalent documents should cover the actual area and be signed off by the Local Authority. The name of the forest owner on the land-use right document should correspond with other documents such as business license
3
Verify Forestry book
The land-use right certificate or other equivalent documents should cover the actual area and be signed off by the Local Authority. The name of the forest owner on the land-use right document should correspond with other documents such as business license
4
Verify Decision on land allocation (from 15/10/1993 to date)
The land-use right certificate or other equivalent documents should cover the actual area and be signed off by the Local Authority. The name of the forest owner on the land-use right document should correspond with other documents such as business license
5
Verify Decision on forest allocation
The land-use right certificate or other equivalent documents should cover the actual area and be signed off by the Local Authority. The name of the forest owner on the land-use right document should correspond with other documents such as business license
6
Verify Confirmation of the Commune People's Committee that land is currently used and free to dispute subject to the cases regulated in Article 101 Land Law 2013
Does not apply to organizations.  The land-use right certificate or other equivalent documents should cover the actual area and be signed off by the Local Authority. The name of the forest owner on the land-use right document should correspond with other documents such as business license
7
Verify the Forest protection contract in place for other holders
Does not apply to organizations.  The land-use right certificate or other equivalent documents should cover the actual area and be signed off by the Local Authority. The name of the forest owner on the land-use right document should correspond with other documents such as business license
Description of legal requirements

The forest owner shall physically possess the Land-use right certificate or equivalent documents to demonstrate their land-use right to the land.

VIEW MORE

According to the Constitution of Viet Nam, regarding "land ownership," land (including forests, rivers and lakes, water sources, and underground natural resources) belongs to the entire people, with the State acting as the owner's representative and uniformly managing land.

The State shall hand over "land use rights" to land users following the Land Law. The State can allocate land use rights to land users in one of the following forms:

  • Decision on land allocation without the collection of land use levy and allocation of land with the collection of land use levy.
  • Decision on a lease of land with annual rental payment and lease of land with one-off rental payment for the entire lease period. Recognition of land use rights.

In Viet Nam, the land is collectively owned by people and administered by the government on their behalf. Therefore, under such a system, tenure rights in Viet Nam are essentially usufruct rights, meaning that right holders may use land, but cannot own it. The state grants use rights through a "land-use right certificate" (LURC), which entitles holders to sell, rent, exchange, mortgage, and bequeath their use rights and to exclude others from the land. Users may also legally acquire use rights through lease, inheritance, or grant from a family member and purchase. Land use right certificates (LURCs) are necessary for formal state recognition of a user's rights and for secured tenure, formal land transactions, access to formal credit, and legal protection of land-use rights.

Viet Nam has complex land institutions regarding land tenure rights and management rights, which date back to the 1950s. The land was not formally nationalized until the 1980 Constitution, and the first so-called "Land Law" in Viet Nam was not passed until 1988. The second Land Law was passed in 1993—a fuller version that expanded upon the 1988 law. Since then, the 1993 Land Law has been amended four times: in 1998, 2001, 2003, and 2013. With the evolution of the land policy of Viet Nam in different periods, there are several types of legally required documents that can be used as evidence for legal land use rights and forest use rights. Some of them introduced under previous regulations may still be valid according to the current Land Law of 2013.

Land-use right certificate (usually known as the "Red book") was introduced through the Land Law of 1993. Since 1993, the issuance of land use rights certificates has been progressively extended to all land users and all categories of land throughout the country. That process is still underway, and there are some circumstances in which legal forest land users have not yet been granted land use rights certificates. In this situation, several alternative evidence may apply and can be used to demonstrate legal land use rights and legal forest use rights. Such alternatives include decisions on land allocation; decisions on forest allocation; decisions on forest land allocation; decisions on forest allocation combined with land allocation; decisions on land leasing; decisions on contracting forest land; forest registration books; and written confirmation from the Commune People's Committee that the land is currently used and is not subject to any dispute.

According to the Land Law 2013 (Article 105), the Provincial People's Committees are responsible for granting certificates of land use rights to organizations, religious establishments, overseas Viet Nam, foreign-invested enterprises which implement investment projects, and foreign organizations with diplomatic functions. Provincial People's Committees may authorize the Department in charge of Natural resources and Environment of the same level to grant the certificates of land use rights and ownership of houses and other land-attached assets. On the other hand, district-level People's Committees are responsible for granting the certificates of land use rights (or the Red book) to individuals and communities and to overseas Viet Nam that are eligible to own houses associated with land use rights in Viet Nam.

Forest land is classified as a sub-category of agricultural land (Article 10, Land Law 2013). As with other land in Viet Nam, forest land is not subject to private ownership but rather belongs to the whole people and is managed by the State. However, entities, including households and organizations, can be allocated or lease forestland to use for up to 50 years. Such use rights can be inherited, transferred, and exchanged. The Land Law 2013 and Law on Forestry 2017 categorize all forestland as belonging to one of three functional categories (special-use, protection, and production) and establish principles and rules for each category's management, protection, development, and use.

With regards to forest ownership, the Law on Forestry 2017 has institutionalized the concept of "forest ownership" (Article 7) following the provisions in the 2013 Constitution; accordingly, two categories of forest ownership are defined (i) forests under the ownership of the entire people for which the State is the owner's representative, which includes: natural forest; planted forest wholly invested by the State; and planted forests revoked by the State, donated or granted forest, or other cases of other planted forest ownership transferred following legal provisions; and (ii) forests under the ownership of organizations, households, individuals, local communities including planted forest invested by organizations, individuals and local communities; and forest donated, granted by or inherited from other forest owners in compliance with legal provisions.

In summary, in Viet Nam, there are four types of ownership and use rights to the forest land and forest:

  • Ownership of forest land – all land is publicly owned, with the State acting as the owner's representative.
  • Land use rights – land is allocated or leased to land users by the State, and land users have land-use rights recognized by the State.
  • Ownership of forest – two categories of forest ownership described above, and in short to be used in this risk assessment: State-owned and privately owned forest.
  • Forest use rights - is the forest owner 's right to exploit the utilities off and enjoy yields and profits from his/her/its forest.

With the new Law on Forestry 2017, "forest owner" is defined as either an organization or a household, an individual or a local community to whom the State allocates or leases forest; land for afforestation, restoration, development of forest by his/her own; who is transferred, donated, inherits a forest following legal provisions. There are 7 types of forest owners: (1) Special-use forest management boards, protection forest management boards, (2) Economic organizations including enterprises, cooperatives, and cooperatives unions, and other economic organizations established and operating following legal provisions, except those referred to in Clause 7 of this Article, (3) People's armed forces units that are allocated forests (below referred to as armed units), (4) Forestry related science and technology, training and vocational education organizations, (5) Domestic households and individuals, (6) Residential communities, and (7) Foreign-invested enterprises that are leased land by State for planting production forests.

Forest owners have the right to use forests and own planted production forests recognized by competent state agencies following the law. And they are responsible for managing, protecting, developing, and using forests in a sustainable manner and fulfilling their financial and other obligations following the law. According to Article 54, 135, 136, and 137 of Land Law 2013, and Article 14, 15, 16 of Law on Forestry 2017, for production purposes, planted production forest land can be allocated without forest use levy or leased with a one-off payment or annual rental payment by the State to economic organizations, households, and individuals. According to Enterprise Law and Investment Law, forest owners who conduct business activities in the forest for profit are considered enterprises that are subject to requirements relating to investment registration and business registration.

Legally required documents
Applicable legislation
VIEW LESS
1.1 Land tenure and management rights
Last updated on 2021-12-13 Low risk of violation of requirements related to business and tax registration Low RISK
Regarding business registration and tax registration, Preferred by Natures' Legality Consultant in Viet Nam has not experienced issues with forestry companies operating without a business license when conducting supply chain assessment. In addition, there is no further information via internet research that indicates issues of companies' lacking business registration certificates. Without a valid business license and a valid tax registrat... VIEW MORE

Regarding business registration and tax registration, Preferred by Natures' Legality Consultant in Viet Nam has not experienced issues with forestry companies operating without a business license when conducting supply chain assessment. In addition, there is no further information via internet research that indicates issues of companies' lacking business registration certificates. Without a valid business license and a valid tax registration number, a company cannot issue a VAT invoice for customers. Business licenses can be verified online, via the website: https://dangkykinhdoanh.gov.vn/en/Pages/default.aspx VIEW LESS

The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Description of legal requirements

According to Enterprise Law and Investment Law, forest owners who conduct business activities in the forest for profit are considered enterprises that are subject to requirements relating to investment registration and business registration. 

1.2 Concession licenses
Last updated on 2021-12-13 Risk of forest allocation and contracting to wrong contractors, using of forest land for inappropriate purposes Specified RISK
An issue with the contracted or lease forests is forest allocation and contracting to wrong contractors, using forest land for wrong purposes. Loss and waste of land and forest resources are quite common. Many agricultural and forestry companies do not strictly manage the process of land use after contracting, leading to the situation where contracted land is freely transferred or purchased or land use purpose is illegally changed. Due to the fre... VIEW MOREAn issue with the contracted or lease forests is forest allocation and contracting to wrong contractors, using forest land for wrong purposes. Loss and waste of land and forest resources are quite common. Many agricultural and forestry companies do not strictly manage the process of land use after contracting, leading to the situation where contracted land is freely transferred or purchased or land use purpose is illegally changed. Due to the frequent changes in regulations and limited management capabilities of different competent authorities, the regulations on land management and use in state-owned agricultural and forestry companies have not been effectively enforced.
References
VIEW LESS
The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Contract for forest protection and development

Check for information of the contractor and contractee, as well as information on the rights and responsibilities of each party.

2
Consult local community
Consultation with the local community may confirm that the forest was leased to the right and needed contractors, and they have been corrected using that forest as per its main purpose
Description of legal requirements

Forest land shall not be used for other purposes than forestry.

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According to the 2017 Law on Forestry (Article 17), a forest lease by the State means the State decides to assign forest use rights through a forest lease contract to an organization, a household, or an individual that wishes to use the forest. The State may lease to organizations, households, and individuals’ natural production forests and planted production forests with a one-off or annual rental payment for forestry production; agro-forestry and fishery practice; or eco-tourism, leisure, and recreation business. The entities that have the forests leased by the State have rights and obligations for "forest owners" as stipulated in Articles 73, 74, 79, 83 in the Law. They also have the right to share benefits from the forests under forest lease contracts; to own trees, animals, and other assets associated with the forests they have invested.

Organizations shall make sustainable forest management plans and submit them to a competent State agency for approval and implement the approved plans.

Under the 2017 Law on Forestry, as the requirements in Decree 156/2018/NĐ-CP, the process of obtaining the lease contract is as follows: Every year, the district-level People's Committee (PC) must conduct an annual plan of forest allocation and forest lease, which shall be submitted to and approved by the Provincial PC. Based on that plan, the entities will submit a Form of request for land allocation, forest lease, land lease, or forest lease with required documentation to district-level PC (if they are individuals/households) or Provincial PC (if they are organizations). Once the request is approved, the PC (provincial or district-level) will issue a Decision on land allocation, forest allocation, or Decision on land lease forest lease to the applicant.

In the case of land lease, forest lease, both sides (applicant and President of PC) will have to sign Forest Lease Contract after having the Decision. Because the forest allocation or lease must be accompanied by land allocation or lease, the forest allocation and the lease procedures will all be consistent and synchronized with the land allocation and land lease. For any mismatch between land allocation/lease and forest allocation/lease (for example, the household has been allocated forest land but has not been allocated forests on the land, or vice versa), the organizations, households, or individuals are responsible for working with relevant government agencies to complete the required dossiers for the land and the forest.

According to Article 99 of the Land Law, The State shall grant a certificate of land use rights and ownership of houses and other land-attached assets for the people allocated land or leased land by the State. Therefore, the ones who have leased land by the State also have the red book. So, in this case, since forest allocation and lease must be consistent and synchronized with the land allocation and land lease,

With the evolution of the land policy of Viet Nam in different periods, there are several types of legally required documents that can be used as evidence for legal land use rights and forest use rights, because some of them which were introduced under previous regulations may still be valid now. Therefore, there are several types of documents being listed as valid legally required records as above. On the other hand, there is a situation in Viet Nam that forests, gardens, and water surface areas managed by Special-use Forest and Protection Forest Management Boards and State-owned Agriculture and Forestry One-Member Limited Liability Company can be contracted to individuals/households or local communities, which Decree 168/2016/ND-CP stipulates.

The special-use forest and protection forest management authority can sign contracts with households, individuals, and local communities living in their managed forest area for protection and development of the forest (protection forest can be contracted to organizations). For planted protection forests that the contractor establishes under the contract terms and tenure, the contractor can enjoy the yields and profits from the concessions due to their investments after fulfilling all financial obligations to the State.

The procedure for contracting starts with the forest owner (Special-use Forest and Protection Forest Management Boards and State-owned Agriculture and Forestry One-Member Limited Liability Company) announcing the plan of contracting areas and eligible possible contractors at the head office of the forest owner and the commune-level PC.

The households, individuals, and local communities who are interested can submit a request for contracting and a copy of residential documentation to the forest owner, who then decides on a list of chosen contractors. After that, both sides will negotiate and sign the contract, and the contracted area will be handover to the contractor.

Legally required documents
Applicable legislation
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1.2 Concession licenses
Last updated on 2021-12-13 Risk of lack of equity, transparency, and accountability, leading to long delays and corrupt practices in the forest contracting process Specified RISK
The risks related to concession license or forest lease contract include lack of equity and transparency. In addition, lack of accountability during the contracting process leads to long delays in the process and corrupt practices by officials of the local authorities while processing the request to lease land/lease forest by the applicants. This also leads to lobbying and bribery by applicants. This risk is common throughout the country.... VIEW MOREThe risks related to concession license or forest lease contract include lack of equity and transparency. In addition, lack of accountability during the contracting process leads to long delays in the process and corrupt practices by officials of the local authorities while processing the request to lease land/lease forest by the applicants. This also leads to lobbying and bribery by applicants. This risk is common throughout the country. VIEW LESS
The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Forest lease contract
2
Consult Local community
Detecting corruption and the payment of bribes can be extremely challenging, thus, onsite consultation is recommended to address this risk. Consult local community to confirm that the contracting process was transparent and equitable
3
Verify Contract for forest protection and development
Description of legal requirements
Forest lease contract or Contract for forest protection and development shall be signed following legal requirements.
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According to the 2017 Law on Forestry (Article 17), a forest lease by the State means the State decides to assign forest use rights through a forest lease contract to an organization, a household, or an individual that wishes to use the forest. The State may lease to organizations, households, and individuals’ natural production forests and planted production forests with a one-off or annual rental payment for forestry production; agro-forestry and fishery practice; or eco-tourism, leisure, and recreation business. The entities that have the forests leased by the State have rights and obligations for "forest owners" as stipulated in Articles 73, 74, 79, 83 in the Law. They also have the right to share benefits from the forests under forest lease contracts; to own trees, animals, and other assets associated with the forests they have invested.

Organizations shall make sustainable forest management plans and submit them to a competent State agency for approval and implement the approved plans.

Under the 2017 Law on Forestry, as the requirements in Decree 156/2018/NĐ-CP, the process of obtaining the lease contract is as follows: Every year, the district-level People's Committee (PC) must conduct an annual plan of forest allocation and forest lease, which shall be submitted to and approved by the Provincial PC. Based on that plan, the entities will submit a Form of request for land allocation, forest lease, land lease, or forest lease with required documentation to district-level PC (if they are individuals/households) or Provincial PC (if they are organizations). Once the request is approved, the PC (provincial or district-level) will issue a Decision on land allocation, forest allocation, or Decision on land lease forest lease to the applicant.

In the case of land lease, forest lease, both sides (applicant and President of PC) will have to sign Forest Lease Contract after having the Decision. Because the forest allocation or lease must be accompanied by land allocation or lease, the forest allocation and the lease procedures will all be consistent and synchronized with the land allocation and land lease. For any mismatch between land allocation/lease and forest allocation/lease (for example, the household has been allocated forest land but has not been allocated forests on the land, or vice versa), the organizations, households, or individuals are responsible for working with relevant government agencies to complete the required dossiers for the land and the forest.

According to Article 99 of the Land Law, The State shall grant a certificate of land use rights and ownership of houses and other land-attached assets for the people allocated land or leased land by the State. Therefore, the ones who have leased land by the State also have the red book. So, in this case, since forest allocation and lease must be consistent and synchronized with the land allocation and land lease,

With the evolution of the land policy of Viet Nam in different periods, there are several types of legally required documents that can be used as evidence for legal land use rights and forest use rights, because some of them which were introduced under previous regulations may still be valid now. Therefore, there are several types of documents being listed as valid legally required records as above. On the other hand, there is a situation in Viet Nam that forests, gardens, and water surface areas managed by Special-use Forest and Protection Forest Management Boards and State-owned Agriculture and Forestry One-Member Limited Liability Company can be contracted to individuals/households or local communities, which Decree 168/2016/ND-CP stipulates.

The special-use forest and protection forest management authority can sign contracts with households, individuals, and local communities living in their managed forest area for protection and development of the forest (protection forest can be contracted to organizations). For planted protection forests that the contractor establishes under the contract terms and tenure, the contractor can enjoy the yields and profits from the concessions due to their investments after fulfilling all financial obligations to the State.

The procedure for contracting starts with the forest owner (Special-use Forest and Protection Forest Management Boards and State-owned Agriculture and Forestry One-Member Limited Liability Company) announcing the plan of contracting areas and eligible possible contractors at the head office of the forest owner and the commune-level PC.

The households, individuals, and local communities who are interested can submit a request for contracting and a copy of residential documentation to the forest owner, who then decides on a list of chosen contractors. After that, both sides will negotiate and sign the contract, and the contracted area will be handover to the contractor. VIEW LESS

1.2 Concession licenses
Last updated on 2021-12-13 Risk that land measurements and borders are not included in the lease contracts Specified RISK
Risk that the land measurements and borders may not be included regarding the lease contract. Therefore, care should be taken when relying on them as proof of land use/forest use rights as there is an increased risk of conflicting land-use rights where the borders are uncertain... VIEW MORERisk that the land measurements and borders may not be included regarding the lease contract. Therefore, care should be taken when relying on them as proof of land use/forest use rights as there is an increased risk of conflicting land-use rights where the borders are uncertain VIEW LESS
The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verification
1
Verify Contract for forest protection and development
The contract should include information on land location, measurements, and borders.
Description of legal requirements
Land measurements and borders shall be included in the lease contracts.
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According to the 2017 Law on Forestry (Article 17), a forest lease by the State means the State decides to assign forest use rights through a forest lease contract to an organization, a household, or an individual that wishes to use the forest. The State may lease to organizations, households, and individuals’ natural production forests and planted production forests with a one-off or annual rental payment for forestry production; agro-forestry and fishery practice; or eco-tourism, leisure, and recreation business. The entities that have the forests leased by the State have rights and obligations for "forest owners" as stipulated in Articles 73, 74, 79, 83 in the Law. They also have the right to share benefits from the forests under forest lease contracts; to own trees, animals, and other assets associated with the forests they have invested.

Organizations shall make sustainable forest management plans and submit them to a competent State agency for approval and implement the approved plans.

Under the 2017 Law on Forestry, as the requirements in Decree 156/2018/NĐ-CP, the process of obtaining the lease contract is as follows: Every year, the district-level People's Committee (PC) must conduct an annual plan of forest allocation and forest lease, which shall be submitted to and approved by the Provincial PC. Based on that plan, the entities will submit a Form of request for land allocation, forest lease, land lease, or forest lease with required documentation to district-level PC (if they are individuals/households) or Provincial PC (if they are organizations). Once the request is approved, the PC (provincial or district-level) will issue a Decision on land allocation, forest allocation, or Decision on land lease forest lease to the applicant.

In the case of land lease, forest lease, both sides (applicant and President of PC) will have to sign Forest Lease Contract after having the Decision. Because the forest allocation or lease must be accompanied by land allocation or lease, the forest allocation and the lease procedures will all be consistent and synchronized with the land allocation and land lease. For any mismatch between land allocation/lease and forest allocation/lease (for example, the household has been allocated forest land but has not been allocated forests on the land, or vice versa), the organizations, households, or individuals are responsible for working with relevant government agencies to complete the required dossiers for the land and the forest.

According to Article 99 of the Land Law, The State shall grant a certificate of land use rights and ownership of houses and other land-attached assets for the people allocated land or leased land by the State. Therefore, the ones who have leased land by the State also have the red book. So, in this case, since forest allocation and lease must be consistent and synchronized with the land allocation and land lease,

With the evolution of the land policy of Viet Nam in different periods, there are several types of legally required documents that can be used as evidence for legal land use rights and forest use rights, because some of them which were introduced under previous regulations may still be valid now. Therefore, there are several types of documents being listed as valid legally required records as above. On the other hand, there is a situation in Viet Nam that forests, gardens, and water surface areas managed by Special-use Forest and Protection Forest Management Boards and State-owned Agriculture and Forestry One-Member Limited Liability Company can be contracted to individuals/households or local communities, which Decree 168/2016/ND-CP stipulates.

The special-use forest and protection forest management authority can sign contracts with households, individuals, and local communities living in their managed forest area for protection and development of the forest (protection forest can be contracted to organizations). For planted protection forests that the contractor establishes under the contract terms and tenure, the contractor can enjoy the yields and profits from the concessions due to their investments after fulfilling all financial obligations to the State.

The procedure for contracting starts with the forest owner (Special-use Forest and Protection Forest Management Boards and State-owned Agriculture and Forestry One-Member Limited Liability Company) announcing the plan of contracting areas and eligible possible contractors at the head office of the forest owner and the commune-level PC.

The households, individuals, and local communities who are interested can submit a request for contracting and a copy of residential documentation to the forest owner, who then decides on a list of chosen contractors. After that, both sides will negotiate and sign the contract, and the contracted area will be handover to the contractor. VIEW LESS

1.3 Management and harvesting planning
Last updated on 2021-12-13 Risk of lack of sustainable forest management plan and approval by the appropriate authority Specified RISK
This requirement on a sustainable forest management plan (SFM) is specifically for forest owners being organizations. Since this is a new requirement under the new Law on Forestry, there has been no evidence of violation occurring. The research was based on interviews and reviewing several written sources. According to expert's feedback received during expert consultation in May 2021, many Protection Management Boards could not make SFM pla... VIEW MORE

This requirement on a sustainable forest management plan (SFM) is specifically for forest owners being organizations. Since this is a new requirement under the new Law on Forestry, there has been no evidence of violation occurring. The research was based on interviews and reviewing several written sources. According to expert's feedback received during expert consultation in May 2021, many Protection Management Boards could not make SFM plan (as Circular 28 stipulated) due to various reasons such as unclear red books, lack of budget to re-inventory their forest, or incapable technical skills.

Since this is a new legal requirement (generally when there is a new legal requirement, a violation is more likely to occur at the initial stage after coming into force) and there's little evidence that identified laws are upheld, this indicator has been evaluated as Specified risk for State-owned and private company owned.

References
VIEW LESS
The risk applies to the following source types
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verification
1
Verify Sustainable Forest Management Plan

Verify that Sustainable Forest Management Plan and the required approval are as followed: Private company-owned plantations who invest their own money to establish plantations: no approval required. For other organizational forest owners (State-owned or private company-owned plantations which were invested in by State’s funds): Provincial People's Committee shall approve

Description of legal requirements

A Sustainable Forest Management shall be in place and approved by the legal authority. The Sustainable Forest Management Plan shall implemented as legally required. 

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According to Article 27 of the Law on Forestry 2017, the responsibility to make and implement a sustainable forest management plan (SFM plan) is stipulated as follows: a. Forest owners being organizations (both State and privately owned) shall make and implement sustainable forest management plans. b. Forest owners being households, individuals, residential communities, or groups of households or individuals, are encouraged to make and implement sustainable forest management plans For the protection of forests, the key contents in the sustainable forest management plan include a) Assessment of natural, socio-economic, national defence and security conditions; status quo of forest resources; b) Objectives and scope of sustainable forest management; c) The protection function of the forest; d) Forest management, protection, development, and use activities; e) Solutions and plan for implementation. For production forests, key contents of sustainable forest management plan include a) Assessment of natural and socio-economic conditions; status quo of forest resources, production, and trading results; market impacts on the forest owner's activities; b) Objectives and scope of sustainable forest management; c) Forest management, protection, development, use, and forest products trade; d) Solutions and plan of implementation The form of a sustainable forest management plan for forest owners being organized is provided in Appendix II to Circular 28/2018/TT-BNNPTNT. According to Articles 10-13 of Circular 28/2018/TT-BNNPTNT, the approval on sustainable forest management plans shall be as follows: For forest owners, organizations that manage special-use forests under the Ministry of Agriculture and Rural Development: MARD shall be approved. For forest owners being private economic organizations or households, individuals, and communities (who invest their own money to establish plantations): no approval required. For other organizational forest owners: Provincial People's Committee shall approve. As required in Circular 28/2018/TT-BNNPTNT, forest owners must prepare and submit a report on the results of implementing their SFM plan to the District Department of Agriculture and Rural Development before 10 th December annually. Regarding rubber wood which can be grown on forest land and other agricultural land , the requirements for a sustainable forest management plan are only applicable to plantations established on forest land.

Legally required documents
  • Sustainable Forest Management Plan (Phương án quản lý rừng bền vững)
  • Decision on approving Sustainable Forest Management Plan issued by Provincial People’s Committee (except for the private organizations that self-invest on the plantation)
  • Report on the results of the implementation of the SFM plan submitted to the District Department of Agriculture and Rural Development before 10th December annually
Applicable legislation
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1.4 Harvesting permits
Last updated on 2021-12-13 Risk that harvest dossier is not in place for the harvest of plantations established with the State's funds (risk applies to state-funded plantations only) Specified RISK
Illegal logging or illegal harvesting cases reported are mainly from natural forests, especially in the Central Highlands area. The media typically reports small-scale illegal logging perpetrated by poor villagers who invade government property containing natural forest with valuable timber. They can sell timber for money, need timber to build houses or clear forest land for cultivation. Corrupt forest protection officers are described as ... VIEW MORE

Illegal logging or illegal harvesting cases reported are mainly from natural forests, especially in the Central Highlands area. The media typically reports small-scale illegal logging perpetrated by poor villagers who invade government property containing natural forest with valuable timber. They can sell timber for money, need timber to build houses or clear forest land for cultivation. Corrupt forest protection officers are described as turning a blind eye on the villagers’ illegal practices. They collude with traders to perpetuate this trade in illegal timber for personal gain.

Since loggings in natural forests are prohibited, the main source of timber is from plantations. The Law on Forestry 2017 has provided forest owners of plantations with great freedom to manage and use their forests. There have been very little information/few reports on illegal harvesting of planted forests. However, for plantations that were established with the State’s funds, there is little evidence that identified laws are upheld, and using the precautionary approach, there is a risk that the harvest of these plantations may not follow the required procedures and that the harvest dossier is not in place.

The risk is not applicable for the planted forest, which is privately owned and invested by the private companies and individuals/ households, as there is no requirement on harvest permit/approval.

References
VIEW LESS
The risk applies to the following source types
  • State-owned plantations
Risk mitigation options
Document verificationStakeholder consultation
1
Consult local Forest Protection authority
Consultation with the local Forest Protection authority may confirm the validity of the information that the forest owner provided
2
Verify Packing list by the forest product owner (form No.01/ Circular 27/2018/TT-BNNPTNT)

For main harvesting of wood, as well as salvage collection of wood from planted forests whose ownership is represented by the State:

The information on forest owner, location, species, quantities, and quality between the harvest plan and the packing list of forest products should be tallied. 

3
Verify Harvesting Plan (part of harvest dossier documents)

The information on forest owner, location, species, quantities, and quality between the harvest plan and the packing list of forest products should be tallied. 

For harvesting of wood from planted forests whose ownership is represented by the State:

Harvesting Plan prepared by forest owner or harvesting entities (Form No. 08, Circular 27/2018/TT-BNNPTNT) to be submitted to the authority that has approved the budget funds for forest planting for its decision and local forest protection authority for information and monitoring.

For Harvesting of rubber wood in VRG or state-own enterprises:

Approved harvest plan called "Decision on Rubber plantation liquidation."

4
Report on location, area, and volume of forest products to be harvested (form No.07, Circular 27/2018/TT-BNNPTNT)

For salvage collection of wood from planted forests whose ownership is represented by the State:

The report shall be prepared by the forest owner to be submitted to the authority that has approved the budget funds for forest planting for its decision; and local forest protection authority for information and monitoring.

Description of legal requirements

For the planted forest, either if it is state-owned or privately owned, if the plantation was state funded, the harvest shall be approved by the government agency, which was the approver for the budget funds. Harvest dossier shall be in place.

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According to Article 59 on “Harvest of forest products in planted production forest” in the Law on Forestry, “ forest owners may decide on the harvest of planted forests under their management. For forests planted with State’s budget funds, forest owners shall prepare a dossier for forest product harvest and submit it to a competent State agency having the authority in approving a fund for its decision” . Regarding harvesting, the regulations define 3 types of harvesting: main harvesting, salvage harvesting and salvage collection. Salvage harvesting of timber means the harvesting of timber during the implementation of silvicultural measures, scientific research, and site clearance of projects upon conversion of forest use purposes. Salvage collection of timber means the collection of fallen or dead trees due to natural disaster; burnt, rotten or dry timber; and branches of timber remaining in forests. Chapter II of Circular 27/2018/TT-BNNPTNT stipulates the harvesting dossier for the planted forest, in which it is divided into wood from planted forests whose ownership is represented by the State (state-owned and/or wholly invested by the State) or an organization/individual (privately owned and invested). Detailed procedures are as below: For the main harvesting of planted forests whose ownership is represented by the State : Forest owner or harvester shall prepare a Harvest plan (using Form 08 in the Circular 27/2018/TT-BNNPTNT) to the State competent agency for their decision. This plan shall also be submitted to the local Forest Protection authority for information and monitoring during harvest. The forest owner must prepare a packing list after harvesting. For salvage harvesting of planted forests whose ownership is represented by the State : Forest owner or harvester shall prepare a Report on harvesting location, area and volume (using Form 07 in the Circular 27/2018/TT-BNNPTNT) and a copy of the Silviculture design dossier/training plan/research proposal or Decision on the conversion of forest use purposes to the State competent agency for their decision. These dossiers shall also be submitted to the local Forest Protection authority for information and monitoring during harvest. The forest owner must prepare a packing list after harvesting. For salvage collection of planted forests whose ownership is represented by the State : Forest owner or harvester shall prepare a Report on harvesting location and volume (using Form 07 in the Circular 27/2018/TT-BNNPTNT) to be submitted to the State competent agency for their decision. These dossiers shall also be submitted to the local Forest Protection Department for information and monitoring during harvest. The forest owner must prepare a packing list after harvesting. For harvesting planted forests owned and invested by an organization/household/individual , the forest owner shall decide on the harvesting himself/herself. The forest owner must prepare a packing list after harvesting. In short, for the planted forest, either if it is state-owned or privately owned, if the plantation was established with the State’s funds, the harvest shall be decided by the government agency, which was the approver for the budget funds. Please note that, for rubberwood from VRG or state-own enterprises, the approved harvest plan is called “Decision on Rubber plantation liquidation.”
Legally required documents
  • Harvesting Plan
  • A copy of the decision on the conversion of forest use purposes or a copy of the silviculture project or scientific research program/project that has been approved
  • A report on location, area, and volume of forest products to be harvested is made using Form No. 07, Circular 27/2018/TT-BNNPTNT
  • Packing list of forest products (Bảng kê lâm sản)
  • Approved harvest plan called "Decision on Rubber plantation liquidation."
Applicable legislation
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1.5 Payment of royalties and harvesting fees
Last updated on 2021-12-13 As the tax on natural resources is applied to forest products in natural forests only and there is a logging ban for natural forests, this indicator is not applicable Not Applicable
The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Description of legal requirements
The tax on using natural resources is applied to forest products in natural forests only
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Note that there is a logging ban in force for the natural forest. The Law on Royalties provides for the payment of royalties on the exploitation of Viet Nam natural and mineral resources. The Law describes the natural resource output used for royalty calculation, royalty-liable prices, and royalty rates. Royalty payers must register, declare, calculate, and pay royalties under the Law on Tax Administration.

Legally required documents
  • Receipts for fees paid relating to the management plan, harvesting plan, EIA design & VAT
Applicable legislation
VIEW LESS
1.6 Value-added taxes and other sales taxes
Last updated on 2021-12-13 VAT is not applied for organizations or individuals operating at the forest level. therefore, the risk is not applicable. Not Applicable
The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Description of legal requirements
VAT is not applied for organizations or individuals operating at the forest level
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Round wood, unprocessed logs directly planted and sold by organizations or individuals, are not subject to VAT. (Law 13/2008/QH12, Article 5)

For round wood, unprocessed logs that enterprises and cooperatives, which pay VAT by the credit method, sell to enterprises or cooperatives at the commercial stage, the seller is not required to declare and pay VAT.

On the VAT invoice, the seller will write the sales price without VAT and cross out the tax rate and VAT line.

Processed wood products such as planks, wood panels, wood chips are subject to the VAT rate of 10% (Law 13/2008/QH12, Article 8)

For export of timber products

Export of timber products are subject to Export tax. The detailed export tax rates for timber products, according to HS Code, are provided in Decree No. 125/2017/ND-CP. 

The regulations (Circular 68/2019/TT-BTC) define “high tax risk enterprises”. High-risk enterprises are defined as those which have equity of less than VND 15 billion and have certain features, for example: Sales of goods or provision of services to related parties (a definition thereof is included); or Non-compliance with certain tax declaration requirements; or Change of business location more than 2 times within 12 months without any notification or any tax declaration at the new location; or Enterprises have been penalized for breaches of the invoice regulations in the last year. Etc… “High tax risk enterprises” are required to use e-invoices with verification codes, instead of normal paper VAT invoices, continuously for 12 months. The “high tax risk enterprise” status will then be re-assessed after 12 months for possible approval for using e-invoices without verification code.

If an enterprise is in the list of “High tax risk enterprises”, it can be found on the website of the General Department of Taxation http://tracuuhoadon.gdt.gov.vn/dnrrvp.html

Viet Nam is going to make e-invoice compulsory for all entities. It is currently in the transition period, and the due date to completely change to e-invoice is 1 st July 2022. From 1 st July 2022, e-invoice should be possible be checked online for their validity on the website of the General Department of Taxation http://tracuuhoadon.gdt.gov.vn/main.html

Legally required documents
Applicable legislation
VIEW LESS
1.7 Income and profit taxes
Last updated on 2021-12-13 Risk of evading tax by minimizing taxable income compared to actual income through reducing revenue or increasing costs, or both when making tax declarations Specified RISK
Since Viet Nam has a high level of corruption and a low score on governance, risks relating to forest owners being organized include: The tax management system in Viet Nam relies on self-reporting, and evaluations of compliance are generally done based on self-declarations only. Audits are relatively infrequent, weakening the system (FLA, 2015) There are several opportunities for corruption to occur within the tax department. There is a common un... VIEW MORE

Since Viet Nam has a high level of corruption and a low score on governance, risks relating to forest owners being organized include:

  • The tax management system in Viet Nam relies on self-reporting, and evaluations of compliance are generally done based on self-declarations only. Audits are relatively infrequent, weakening the system (FLA, 2015)
  • There are several opportunities for corruption to occur within the tax department. There is a common understanding amongst Viet Nam people that there are high levels of corruption amongst tax officials (feedback provided by experts consulted in late 2021). Where corruption occurs concerning income tax, a common scenario is an underpayment of official taxes with a percentage of the difference paid to the official to overlook the underpayment.
  • There is no centralized database facilitating control by the relevant authority.

In addition, many businesses are evading tax by minimizing taxable income compared to actual income through reducing revenue or increasing costs, or both when making tax declarations. Many companies declare insufficient revenue and incorrect expenses, thereby underestimating value-added tax, corporate income tax, and profit tax to be paid to the Government. The logging, transport, and wood processing sectors are still high-risk and need further oversight and guidance from the authorities.

Forest owners being households/individuals are exempted from personal income tax, so this indicator is not applicable for households/individuals

References
VIEW LESS
The risk applies to the following source types
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationStakeholder consultation
1
Check Viet Nam Custom Website

Check that the organization does not have any export tax debt, late payments to due dates at Viet Nam Custom website: https://www.customs.gov.vn/Lists/CongKhaiThongTin/ViewDetails.aspx?ID=38 (only in Vietnamese). This link lets you access the list of businesses that have export tax debt or late payments by provinces. It is necessary to know the border gate through which the company exported the goods to consult the list of that correspondent province.

2
Verify Annual income tax declaration form
Obtain the necessary proof of payment of taxes: This could be an annual income tax declaration form or receipts for payment of corporate income taxes.
3
Check if the organization is on the list of “High tax risk enterprises” on the General Department of Taxation website
Check if the organization is on the list of “High tax risk enterprises” on the General Department of Taxation website: http://tracuuhoadon.gdt.gov.vn/dnrrvp.html. These enterprises have to continuously use special e-invoices with verification codes for 12 months to be monitored by the Tax authority. If the enterprise is on the list, consultation with the local tax authority is recommended.
4
Consult Local Tax Department
Consult with local Tax Departments to confirm that the organization is up to date in tax payment. The contact details of the local Tax department can be found on their correspondent website.
Description of legal requirements

Accurate income and profit taxes shall be paid according to legal requirements.

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According to the Law on Personal Income Tax and the detailed instruction Circular 111/2013/TT-BTC, income of households and individuals directly engaged in agricultural production, forestry, salt making, aquaculture, and fisheries activities, of which products have not yet been processed, are exempted from personal income tax.

The eligible household/individual must have the legal right to use land, rent land, use water surface, rent water surface for production, and directly participate in agricultural, forestry, salt making, and aquaculture production process.

According to Law on Corporate Income Tax, any organization conducting production activities [and/or] business in goods and services that earn taxable income must pay corporate income tax.

Taxable income comprises income earned from activities of production and/or business in goods and services AND other incomes, including income from the transfer of capital or transfer of the capital-contributing rights; income from the transfer of the real estate, transfer of investment projects, transfer of the right to participate in investment projects or transfer of the right to explore, exploit and process minerals; income from asset use rights or asset ownership rights, etc.…. (Law 71/2014/QH13).

In Viet Nam, incomes from planting, tending, and protecting forests in forestry enterprises or cooperatives operating in areas with difficult or extremely difficult socio-economic conditions are entitled to enterprises' income tax preferences. The income tax rate of 10% shall be applied in this case (the normal corporate income tax rate is 20%). The eligible areas are in the most updated list in Decree 31/2021/NĐ-CP dated 26 March 2021.

Enterprises must pay corporate income tax provisionally every quarter based on estimates. The payment deadline is no later than the 30th day of the following quarter. Essentially, a final tax declaration and return must be filed and submitted annually. This must be done within 90 days after the end of the calendar year or fiscal year. The total sum of provisional quarterly payments will then be reconciled with the finalization amount.

The regulations (Circular 68/2019/TT-BTC) contain a definition of “high tax risk enterprises.” In particular, high-risk enterprises are defined as those which have equity of less than VND 15 billion and have certain features, for example: Sales of goods or provision of services to related parties (a definition thereof is included); or Non-compliance with certain tax declaration requirements; or Change of business location more than 2 times within 12 months without any notification or any tax declaration at the new location; or Enterprises that have been penalized for breaches of the invoice regulations in the last year, etc.… “High tax risk enterprises” are required to use e-invoices with verification codes continuously for 12 months. The “high tax risk enterprise” status will then be re-assessed after 12 months for possible approval for using e-invoices without verification code.

Legally required documents
  • Annual income tax declaration form
  • Receipts for payment of enterprise income tax
Applicable legislation
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1.8 Timber harvesting regulations
Last updated on 2021-12-13 Low risk concluded Low RISK
The harvesting techniques and technology are mainly decided by the forest owners. Only in the case of planted protection forests, there are some specific requirements for harvesting methods as described above. The local Forest Protection Department monitors compliance with these requirements when they have information on the harvesting submitted by the forest owner.... VIEW MOREThe harvesting techniques and technology are mainly decided by the forest owners. Only in the case of planted protection forests, there are some specific requirements for harvesting methods as described above. The local Forest Protection Department monitors compliance with these requirements when they have information on the harvesting submitted by the forest owner.
References
VIEW LESS
The risk applies to the following source types
  • State-owned plantations
Description of legal requirements
The forest owner shall submit the harvesting document (harvesting plan), which includes the wood production calculation, expected skidding and transport roads, adoption of measures for forest protection and forest fire prevention, and formulation of the post-harvesting forest development plan.
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The forest owner shall submit the harvesting document (harvesting plan), which includes the wood production calculation, expected skidding and transport roads, adoption of measures for forest protection and forest fire prevention, formulation of the post-harvesting forest development plan. Specifically, according to Decree 156/2018/NĐ-CP, Article 20, main harvesting of planted protection forest must comply with harvesting methods: Harvesting and thinning of main crops must ensure the remaining density of at least 600 trees/ha and evenly distribute in the plot; Selected harvesting of main crops with an intensity not exceeding 20% of the reserve; For clear-cutting in bands, the width of the band should not exceed 30 m; For clear-cutting in plots, the area of each plot must not exceed 3 hectares; the total area of annual harvest must not exceed 20% of the total forest area that has met the protection standards. The compliance with these requirements is monitored by local Forest Protection staff when they have information on the harvesting submitted by the forest owner. However, there is no specific legal requirement on the records for these checks.
Legally required documents
Applicable legislation
VIEW LESS
1.9 Protected sites and species
Last updated on 2021-12-13 Risk that timber in the protected area is illegally harvested and enters the commercial supply chain Specified RISK
Viet Nam law stipulates the separation of forest conservation (special-used forest) from production forests and protection forests. There are high levels of Government oversight of the special-use forests, and the Government has invested significant resources in this. There are specific legal sanctions that apply to illegal harvesting in special-used forests. However, there are several cases of illegal harvesting in the special-use forests, with ... VIEW MORE

Viet Nam law stipulates the separation of forest conservation (special-used forest) from production forests and protection forests.

There are high levels of Government oversight of the special-use forests, and the Government has invested significant resources in this. There are specific legal sanctions that apply to illegal harvesting in special-used forests. However, there are several cases of illegal harvesting in the special-use forests, with these offenders usually arrested by the forest rangers. Instances of illegal harvesting in the special-use forests are published in the newspaper and on the website of the FPD.

Viet Nam’s 5th National CBD report identifies that illegal logging and road construction are linked to habitat degradation and fragmentation. It also cites that population growth may lead to uncontrolled deforestation linked to the need of many people to clear land for farming and livestock. The most difficult task related to the conservation and management of Viet Nam's national parks and nature reserves now results from the pressure placed by the human population growth and resource use within and around protected areas, the lack of funding, limited human and institutional capacity and land use conflict. Illegal hunting, trapping, poaching, and fishing, the illegal wildlife trade, illegal logging, and firewood collecting appeared to be the most serious threats to the conservation and management of natural resources. Furthermore, the Global Forest Watch Intact Forest Landscape loss map layer from 2000 to 2013 indicates IFL loss in all existing IFL areas in Viet Nam and loss of one whole IFL area during this period. Although the loss of intact forest landscape seems to have been reduced in 2013-2016, and there has been no available data on the IFL areas in Viet Nam since 2016, the risk of loss on these landscapes is relatively high due to the pressure of human population growth and resource use pressure within and around protected areas.

As legal timber sources are from plantations, consultation with stakeholders conducted in late 2021, and experiences from FSC audits of Preferred by Nature staff confirm plantations are not established in protected areas. However, since illegal logging in the protected area is still a rampant issue in Viet Nam, there is a risk that timber in the protected area is illegally harvested and enters the commercial supply chain.

In the case of risk related to protected species within plantations, little information is found on the harvesting of protected species within plantations in Viet Nam. Species most used in forest plantations are Acacia (Acacia spp.) and Eucalyptus (Eucalyptus spp.). The risk for this sub-category is considered low. However, with the continued demand for rare and high-value species for hand-carved wood furniture for the domestic market and export to China, there is a risk that the protected species are planted and harvested illegally, not following the legally required procedure.

References
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The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationField verificationScientific testingStakeholder consultationSupply Chain Mapping
1
Require supporting documents from the forest level. The document required depend on the supply chain
Conduct non-linear supply chain mapping to ensure timber is not originating from protected areas
2
Conduct targeted timber testing

Timber test samples of purchased material to identify the species or origin of timber and verify that timber purchased corresponds to the harvesting permit or authorisation required.

3
Conduct verification audits of upstream suppliers
Conduct verification audits of upstream suppliers, which may include forest level audits - check critical control points in the supply chain, CoC system or due diligence system.
4
Verify VAT invoices

VAT invoices (for e-invoice) can be validated using the following database: http://tracuuhoadon.gdt.gov.vn/tc1hd.html

5
Verify Business Registration Certificates

Business Registration Certificates can be validated using the fNational Business Registration Portal: https://dichvuthongtin.dkkd.gov.vn/inf/default.aspx

6
Consult Upstream suppliers

Conduct verification audits of upstream suppliers, which may include forest level audits - check critical control points in the supply chain, CoC system or due diligence system.

Description of legal requirements
Timber shall not originate from protected areas.
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The Law on Forestry and other legal documents specifying conservation of nature (including biodiversity) apply only to special-use forests (national parks, nature reserves, species conservation areas, historic parks, cultural sites). On the other hand, protection forests are used predominantly for protecting water resources, land, to prevent erosion and desertification in key areas, to restrict natural calamities, and to regulate climate. So special-use forests are the main protected areas and support protected species, established in areas with significant ecological and/or cultural importance.

The management of protected areas is coordinated by the Forest Protection Department (FPD) within the MARD. Forest management boards of protected areas (FMBs) belonging to the state currently manage more than 4.7 million ha, primarily special-use and protected forests for protection and conservation purposes. As of 2020, out of 4.7 million ha, about 88% are natural forests, and the remaining 12% are plantation forests (Decision 1558/QĐ-BNN-TCLN). FMBs receive central government budget allocations and, in many cases, contract local people to implement protection and conservation activities (EFI 2011, FPD 2013).

Viet Nam has regulations to ensure conservation in special-use forests. Around the special-use forests, there is a buffer zone to further ensure that the special use forests are not infringed upon. Furthermore, there is currently a logging ban in Viet Nam for natural forests, in both protection forests and special-use forests. The production forests are not subject to requirements for protection activities.

In the Law on Forestry, there is mention of protecting species and sites in production forests; however, no circular or decree elaborate how this should be carried out. Harvesting companies must identify endangered animal and plant (including timber) species within the forest management unit (FMU) as per the Decree 06/2019/ND-CP list and comply with relevant provisions for their protection or exploitation as appropriate.

For forest owner who would like to plant, and harvest protected species for commercial purpose, Article 12 and 15 of Decree 06/2019/ND-CP stipulates the conditions for this, as below:

  • For planting: Forest owner or planting facility must have suitable conditions for characteristics of the species and shall register with the Provincial FPD to have a Facility Code. The facility also must have a Planting (raising) plan according to Form no. 07; and keep a Planting (raising) logbook according to Form no. 17 provided in the Decree.
  • For harvesting: The forest owner shall have a harvest plan according to Form No.01 provided in the Decree. Before harvesting, the forest owners must notify the provincial-level state management agency in forestry, the Provincial FPD, for monitoring.

According to Decree 06/2019/ND-CP, some common protected timber species are as below:

  • Group IA (Flora species threatened with extinction and banned from exploitation or use for commercial purpose, and species in CITES Appendix I are naturally inhabiting Viet Nam): Xanthocyparis Viet Namensis (Bách vàng), Taiwania cryptomerioides (Bách đài loan), Cupressus tonkinensis (Hoàng đàn hữu liên), Cunninghamia konishii (Sa mộc dầu), Glyptostrobus pensilis (Thông nước), Keteleeria davidiana (Du sam đá vôi), Abies delavayi subsp. fansipanensis (Vân sam fan si pang).
  • Group IIA (flora species that, although currently not threatened with extinction, but may become so without strict control of exploitation and use for commercial purpose and species specified in CITES Appendix II naturally inhabiting Viet Nam): Calocedrus rupestris (Bách xanh núi đá), Calocedrus macrolepis (Bách xanh), Fokienia hodginsii (Pơ mu), Taxus chinensis (Thông đỏ lá ngắn), Taxus wallichiana (Thông đỏ lá dài), Cephalotaxus mannii (Đỉnh tùng), Podocarpus pilgeri (Thông tre lá ngắn), Pinus cernua (Thông xuân nha), Pinus dalatensis (Thông Đà Lạt), Pinus krempfii (Thông lá dẹt), Pinus kwangtungensis (Thông Pà cò), Pinus kwangshanensis (Thông hai lá quả nhỏ), Pseudotsuga brevifolia (Thiết sam giả lá ngắn), Diospyros mun ( Mun), Afzelia xylocarpa (Gõ đỏ), Sindora siamensis (Gụ mật), Sindora tonkinensis (Gụ lau), Dalbergia oliveri (Cẩm lai Bà Rịa), Pterocarpus macrocarpus (Giáng hương quả to), Erythrophloeum fordii (Lim xanh), Dalbergia cochinchinensis (Trắc), Dalbergia rimosa (Trắc dây), Dalbergia tonkinensis (Sưa), Cinnamomum balansae (Gù hương), Cinnamomum glaucescens (Re xanh phấn), Cinnamomum parthenoxylon (Vù hương), Excentrodendron tonkinense (Nghiến).
Legally required documents
  • Planting (raising) plan according to Form no. 07; and a Planting (raising) logbook according to Form no. 17 provided in the Decree
  • Harvest plan according to Form No.01 provided in the Decree
  • Planting (raising) logbook according to Form no. 17 provided in the Decree
Applicable legislation
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1.10 Environmental requirements
Last updated on 2021-12-13 The risk that the Sustainable Forest Management plan and environmental requirements are not implemented by the forest owners Specified RISK
In recent years, an improvement in policies has helped to improve the regulation of forest management. Policies are now more comprehensive, state management by law has progressed, and social awareness of the forest sector has increased. However, implementation is also limited because law enforcement in the sector is perceived as weak; laws and regulations are not strictly followed, and sanctions are not strong enough to act as a deterrent. Viet N... VIEW MORE

In recent years, an improvement in policies has helped to improve the regulation of forest management. Policies are now more comprehensive, state management by law has progressed, and social awareness of the forest sector has increased. However, implementation is also limited because law enforcement in the sector is perceived as weak; laws and regulations are not strictly followed, and sanctions are not strong enough to act as a deterrent.

Viet Nam has established and implemented a range of legal requirements related to the identification and/or protection of environmental values. However, with a significant body of reports and news on limited implementation and weak monitoring, which has led to environmental degradation, including land degradation and water pollution, there is a high risk related to systematic and/or large-scale non-compliance with legally required environmental protection measures that threaten the forest resources or other environmental values. 

For forest owners being organizations, the SFM plan is the tool to make sure their forest activities comply with environmental protection regulations. Since this is a new legal requirement, there is a specified risk that the organizations do not have an SFM plan and approved by appropriate authority (if applicable). Even if the plan is in place, it may not be implemented by the forest owner. The same risk applies to the requirement on the Fire fighting and prevention plan.

For individual/household forest owners, the requirement on the SFM plan is not applicable. However, there are still requirements for the individual/household to prepare and implement a Fire prevention and fighting plan, as well as comply with other environmental protection requirements (use of permissible pesticides, minimizing and treating waste before discharging it into any water bodies, no wastes/toxic chemicals/explosives/inflammable in the forests, minimizing soil erosion for steep slopes of over 25° such as creating contour lines, etc.…). Although there has been no clear evidence, nor the significant body of reports on the incompliance, the risk is considered specified because law enforcement in the sector is perceived as weak; laws and regulations are not strictly followed, and sanctions are not strong enough to act as a deterrent.  

References
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The risk applies to the following source types
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Consult with the District Department of Agriculture and Rural Development
Consult with the District Department of Agriculture and Rural Development on the compliance of the forest owner with the reporting responsibility
2
Verify record of the report on the results of implementing their SFM plan
Request for their record of the report on the results of implementing their SFM plan submitted to the District Department of Agriculture and Rural Development before 10th December annually.
3
Consult with the local Forest Protection Department
Consult with the local Forest Protection Department on the compliance of the forest owner with the reporting responsibility
4
Visit harvesting site

Verify that the SFM plan of the forest owner has been implemented in the field (if possible)

5
Check Sustainable Forest Management plan

Check if the State-owned and private company-owned plantation has SFM plan as legally required and approved by the appropriate authority

6
Verify record of the report on the results of implementing SFM plan

Regarding the risk that the forest owner does not implement the plans:

-   Request for their record of the report on the results of implementing their SFM plan submitted to the District Department of Agriculture and Rural Development before 10th December annually.


Description of legal requirements
A Sustainable Forest Management Plan (SFM) is needed for managed areas
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The Law on Forestry also requires organizations to prepare a sustainable forest management plan (SFM plan) for their managed area. The specific requirements are stipulated in Circular 28/2018/TT-BNNPTNT. For plantations, the SFM plan shall include a detailed plan for forest protection and biodiversity conservation, forest development, the harvest of forest products using low impact harvesting techniques. The main piece of legislation, the Law on Environmental Protection (2018), establishes the provisions for environmental protection in Viet Nam in general. Articles 52-64 specifically stipulate the requirements for protecting land, water, and air environments. For example, organizations, households, and individuals are responsible for minimizing and treating waste before discharging it into any water body.  The land must be closely monitored for any possible soil pollution to promptly detect and implement measures to prevent and respond to environmental incidents following law.  The use of any pesticides shall follow the list of permissible and banned agrochemicals in Viet Nam.   The Law on Forest also stipulates requirements on forest protection. The efforts include protecting forest ecosystems, endangered precious and rare forest flora and fauna species listed for control and protection; Forest fire prevention and fighting; and Control of forest pests and diseases. For example, for plantations, after clear-cutting, the harvested area must be replanted in the next planting season; measures must be implemented to minimize soil erosion for steep slopes of over 25°, such as creating contour lines, using low impact harvesting techniques in SFM plan and implementation. On the other hand, the law prohibits illegally bringing wastes, toxic chemicals, explosives, combustible into forests, tending, grazing cattle, livestock in strictly protected zones of special-use forests or newly planted forests. It also prohibits illegally exploiting natural resources, minerals resources, and using the forest environment; illegally building works, excavating, digging, construction, embanking, barricading natural water flows, and other illegal activities that disrupt the natural landscape structures of forest ecosystems. More details are specified in Chapter IV of the Law on Forestry. The Law on Biodiversity, on the other hand, provides for the conservation of natural ecosystems, protection of wildlife and precious genetic resources in their natural habitats, and equitable sharing of benefits from genetic resources. This Law provides provisions for the establishment of conservation zones. Specifically, it stipulates that a conservation zone must have two functional sections: a strictly protected section and an ecological restoration section. In addition, the Law specifically provides for the establishment of biodiversity conservation facilities as an ex-situ conservation measure.
Legally required documents
  • Sustainable Forest Management Plan (Phương án quản lý rừng bền vững)
  • Decision on approving Sustainable Forest Management Plan issued by Provincial People’s Committee (except for the private organizations that self-invest on the plantation)
  • Report on the results of the implementation of the SFM plan submitted to the District Department of Agriculture and Rural Development before 10th December annually
Applicable legislation
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1.10 Environmental requirements
Last updated on 2021-12-13 Risk that forest owners do not have and implement a fire prevention and fighting plan Specified RISK
In recent years, an improvement in policies has helped to improve the regulation of forest management. Policies are now more comprehensive, state management by law has progressed, and social awareness of the forest sector has increased. However, implementation is also limited because law enforcement in the sector is perceived as weak; laws and regulations are not strictly followed, and sanctions are not strong enough to act as a deterrent. Viet... VIEW MOREIn recent years, an improvement in policies has helped to improve the regulation of forest management. Policies are now more comprehensive, state management by law has progressed, and social awareness of the forest sector has increased. However, implementation is also limited because law enforcement in the sector is perceived as weak; laws and regulations are not strictly followed, and sanctions are not strong enough to act as a deterrent. Viet Nam has established and implemented a range of legal requirements related to the identification and/or protection of environmental values. However, with a significant body of reports and news on limited implementation and weak monitoring, which has led to environmental degradation, including land degradation and water pollution, there is a high risk related to systematic and/or large-scale non-compliance with legally required environmental protection measures that threaten the forest resources or other environmental values.
References
VIEW LESS
The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Field verification
1
Verify fire prevention and fighting plan onsite
Check if the State-owned and private company-owned plantation/individual/household has a fire prevention and fighting plan. Check legal compliance with other environmental protection requirements.
Description of legal requirements
Fire prevention and fighting plan shall be in place and implemented.
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Regarding fire prevention and fighting in forests, according to Decree 156/2018/NĐ-CP, forest owners shall have a fire prevention and fighting plan, and the plan of organizations must be sent to the local Forest Protection Department and Fire Police for their comments before implementation. The Forest owner is responsible for implementing the plan, and the relevant authorities shall instruct and oversee the development and implementation of fire prevention and fighting plans. The main legislation, the Law on Environmental Protection (2018), establishes the provisions for environmental protection in Viet Nam in general. Articles 52-64 specifically stipulate the requirements for protecting land, water, and air environments. For example, organizations, households, and individuals are responsible for minimizing and treating waste before discharging it into any water body.  The land must be closely monitored for any possible soil pollution to promptly detect and implement measures to prevent and respond to environmental incidents following law.  The use of any pesticides shall follow the list of permissible and banned agrochemicals in Viet Nam.   The Law on Forest also stipulates requirements on forest protection. The efforts include protecting forest ecosystems, endangered precious and rare forest flora and fauna species listed for control and protection; Forest fire prevention and fighting; and Control of forest pests and diseases. For example, for plantations, after clear-cutting, the harvested area must be replanted in the next planting season; measures must be implemented to minimize soil erosion for steep slopes of over 25°, such as creating contour lines, using low impact harvesting techniques in SFM plan and implementation. On the other hand, the law prohibits illegally bringing wastes, toxic chemicals, explosives, combustible into forests, tending, grazing cattle, livestock in strictly protected zones of special-use forests or newly planted forests. It also prohibits illegally exploiting natural resources, minerals resources, and using the forest environment; illegally building works, excavating, digging, construction, embanking, barricading natural water flows, and other illegal activities that disrupt the natural landscape structures of forest ecosystems. More details are specified in Chapter IV of the Law on Forestry.
Legally required documents
Applicable legislation
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1.11 Health and safety
Last updated on 2021-12-13 Risk that health and safety requirements are not followed Specified RISK
Safe working procedures and measures are not in place; employers do not provide health and safety training for employees; workers are without personal protective equipment or unqualified; personal protective equipment is not used;insurance for occupational accidents and occupational diseases is not obtained for workersAccording to the National Centre for Occupational and Health (2020) report, of the labours that have the labour contract, there we... VIEW MORE
  • Safe working procedures and measures are not in place;
  • employers do not provide health and safety training for employees;
  • workers are without personal protective equipment or unqualified;
  • personal protective equipment is not used;
  • insurance for occupational accidents and occupational diseases is not obtained for workers

According to the National Centre for Occupational and Health (2020) report, of the labours that have the labour contract, there were 7,473 occupational accidents cases nationwide involving 7,649 people in 2020. By sectors, mining and mineral exploitation accounted for 16.51%; the construction sector accounted for 15.6%, the field of mechanics, metallurgy accounted for 6.42%, the service sector accounted for 5.51% and the textile, garment and footwear sector accounted for 5.5% of the total number of cases. However, with the labours that do not have labour contracts, the accident cases have been recorded in construction, production of construction materials, agriculture, mechanics, and business services. The forestry sector is categorized under the agricultural sector in the report.

Also, according to the report mentioned above, the reasons for occupational accidents are listed: the employers did not provide the labour the safety training or inadequate training for the employees (43%), equipment does not ensure occupational safety (11.93%) the organization of labour and working conditions (8.27%), employers who did not develop safe working procedures and measures accounted (4.59%), employers without personal protective equipment or unqualified personal protective equipment (2.75%) of the total number of cases.

By type of production: Joint-stock company (37.61%), limited liability company (30.28%), state-owned enterprises, administrative and non-business units (22.93%), private enterprise, individual business household accounts for 5.51% of accidents and 5.22% of deaths.

Though Viet Nam has made progress through the years, occupational safety remains a problem in Viet Nam.

References
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The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Verify fire prevention and fighting plan

The plans shall be available and it shall be ensured that procedures are implemented and followed.

The plan shall be prepared by the employer (SFMP for State-owned and private company owned plantation) and are relevant for workers employed with a labour contract.

2
Review the list of Personal Protective Equipment provided
3
Verify the plan for occupational safety and hygiene

The plans shall be available and it shall be ensured that procedures are implemented and followed.

The plan shall be prepared by the employer (SFMP for State-owned and private company owned plantation) and are relevant for workers employed with a labour contract.

4
Consult the relevant Department of Labour, Invalids and Social Affairs

Consult the Department to gather information on the results of annual inspections for the company

5
Visit harvesting site

On-site verification of operational activities to:

  • ensure the PPE are provided and used
  • verify training requirements are being complied with in practice.
6
Verify Safety cards

Verify that H&S training has been completed.

7
Verify occupational H&S training record

Verify that H&S training has been completed. Relevant for workers without labour contract (in case of freelance work/work less than one month)

Description of legal requirements
Health and safety requirements shall be followed.
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Viet Nam has formulated a legal system on occupational health and safety that applies to employers and employees. Workers with labour contract According to Labour Law, 2019 “employer” means an enterprise, agency, organization, cooperative, household or individual who employs other people under agreements. An employer that is an individual shall have full legal capacity (article 3). According to Law on occupational safety and hygiene, the employers must have: Health and safety regulation developed (Article 15), training (Article 14) provided to the workers and PPEs provided (Article 23) and ensure them to be used in the field. The employers have to pay mandatory social insurance for the employees, which cover the insurance for occupational accidents and occupational diseases The workers take responsibility for occupational safety and hygiene of their works as prescribed (article 6). They must be trained in occupational safety and hygiene and granted safety cards (article 14 of Law on occupational safety and hygiene and circular No. 06/2020/TT-BLDTBXH). The PPEs shall be equipped to the workers (Timber cutting by machines or by hand, - Transporting of lumber, log driving) included: Manual worker’s clothing; protective headgear against traumatic brain injury; transparent goggles against dust or mechanical injuries; shoulder pads; raincoat; high-necked shoes for forest trekking; anti-leech socks; canvas gloves; soap, Warm clothing and protective headgear for when working in cold areas. Law On Forestry (2017), the organizations' forest owners must indicate the Health and Safety requirements in their Sustainable Forest management plans. Forest owners that are households, individuals, communities, or associated households and individuals are encouraged to develop and implement sustainable forest management plans (Article 27). Article 19 of Law on Fire prevention and fighting 2001 is required when elaborating the forest development planning and projects; it is necessary to work out plans on fire prevention and fighting for each kind of forest. Article 18, 32 of Decree No. 113/2017/ND-CP regulates the list of banned chemicals and individuals provided with training courses in chemical safety. The forest owners are the organisation are required to implement health and safety in the sustainable forest management plan, regulated at Article 14 of Circular No.28/2018/TT-BNNPTNT Each forest owner must keep a record of Health and safety regulation, training provided to the workers and provided PPEs. At different levels, the People’s Committees carry out inspections and deal with violations against legislation on occupational safety and hygiene at local governments.
Legally required documents
  • Plan for occupational safety and hygiene prepared by the employer
  • Training records
  • Fire prevention and fighting plan
Applicable legislation
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1.12 Legal employment
Last updated on 2021-12-13 Lack of social insurance and trade union for workers Specified RISK
Most informal economy workers have not gained any benefits from social insurance (97.9%). Just 0.2% of informal economy workers had compulsory social insurance paid by their employers. The remainder (about 1.9%) participated in voluntary social insurance. In contrast, the rate of formal economy workers without compulsory social insurance was only 19.5%, 78.4% lower than that of informal economy workers. Social insurance, health insurance, unemplo... VIEW MOREMost informal economy workers have not gained any benefits from social insurance (97.9%). Just 0.2% of informal economy workers had compulsory social insurance paid by their employers. The remainder (about 1.9%) participated in voluntary social insurance. In contrast, the rate of formal economy workers without compulsory social insurance was only 19.5%, 78.4% lower than that of informal economy workers. Social insurance, health insurance, unemployment insurance, insurance for occupational accidents and occupational diseases and trade union fee is compulsory. Whenever one of them is not met, the others are not either.
References
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The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verification
1
Verify payroll of employing agency
Verify the Payroll of employing agency demonstrating the payment amount for monthly social insurance, health insurance, unemployment insurance, Insurance for occupational accidents and diseases, trade union fee.
Description of legal requirements
Workers shall be covered with social insurance
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Law on Social Insurance 2014 requires that employers have adequate compulsory social insurance for their staff. Decree No. 88/2020/ND-CP and Circular No. 26/2017/TT-BLDTBXH require employers to have compulsory insurance for occupational accidents and occupational diseases for the employees. Law on Trade Union 2012 states that labours are Viet Nam persons working in agencies, organizations, enterprises shall have the right to establish, participate in and operate Trade Union. The trade-union fee shall be 2% of salary fund which are used as the basis for social insurance payment for employees, paid by the employers.
Applicable legislation
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1.12 Legal employment
Last updated on 2021-12-13 Risk of child labor Specified RISK
Latest survey undertaken in 2018 found more than 1.7 million children participating in economic activities across Viet Nam, among whom more than 1 million are engaged in child labour. In line with global trends, 84% of children in child labour in Viet Nam are concentrated in rural areas and just over half of them work in the agricultural, forestry and fishery sector.... VIEW MORELatest survey undertaken in 2018 found more than 1.7 million children participating in economic activities across Viet Nam, among whom more than 1 million are engaged in child labour. In line with global trends, 84% of children in child labour in Viet Nam are concentrated in rural areas and just over half of them work in the agricultural, forestry and fishery sector.
References
VIEW LESS
The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Consult with Department of Labour, War invalids and social affairs about child labor
Consult with Department of Labour, War invalids and social affairs if child labor is found during inspections.
2
Check the employee list and define if child labour is used
3
Verify that no child labor exists

Observe if child labour is used at the forest sites

Description of legal requirements
The legal working age is 15 years. Workers aged 15 to under 18 are not allowed to work that is harmful to the development of their physical health, mental health or personality.
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Minimum working age The legal working age is 15 (The Labour Law 2019, article 3). However, the labours aged 15 to under 18 are not allowed to work that is harmful to the development of their physical health, mental health or personality (article 143, 147). These types of works are regulated in Appendix III of Circular No. 09/2020/TT-BLDTBXH. There are 05 types of works related to the forestry sector: 1) Directly and manually digging up tree roots with a diameter of more than 40cm. 2) Using manual two-person wood saws, 3) Cutting trees with a diameter of 35cm or more, cutting branches and cutting high branches manually, 4) Transporting large pieces of wood and moving pieces of wood with a diameter of 35 cm or more manually or using wooden levers or wooden ramps, 5) Collecting sunken wood, and dragging wood from navigational locks and slipways to land.
Applicable legislation
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1.12 Legal employment
Last updated on 2021-12-13 Risk of overtime work Specified RISK
Due to the lack of labour contract, payment by volume (harvesting/debarking), or a fixed daily rate, overtime work is hard to identify, and the risk is considered as specified.... VIEW MOREDue to the lack of labour contract, payment by volume (harvesting/debarking), or a fixed daily rate, overtime work is hard to identify, and the risk is considered as specified.
References
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The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verification
1
Check timesheets to see if the overtimes work is following the lawful requirements
Check the timesheet to see if the overtime work is following the lawful requirements: Normal working hours shall not exceed 08 hours/day or 48 hours/week Overtime working hours do not exceed 50% of the normal working hours in 1 day. in case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in1 day and 40 hours in 1 month. The total overtime working hours do not exceed 200 hours in 1 year   overtime shall not exceed 300 hours in 1 year
Description of legal requirements
Overtime working shall be agreed by the employee and followed by legal requirements.
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Working hours and Overtime Overtime working shall be agreed by the employee and followed the below requirements: Normal working hours shall not exceed 08 hours per day or 48 hours per week (Labour law 2019, article 105). The number of overtime working hours does not exceed 50% of the normal working hours in 01 days; in case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 days, and 40 hours in 01 months; c) The total overtime working hours do not exceed 200 hours in 01 years, except for the cases specified in Clause 3 of Article 105. These types of works are allowed overtime not exceeding 300 hours in 01 years in the following fields, works, jobs, and cases: Manufacture, processing of textile, garment, footwear, electric, electronic products, processing of agricultural, forestry, aquaculture products, salt production; etc. (article 107).
Applicable legislation
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1.12 Legal employment
Last updated on 2021-12-13 Lack of labour contracts Specified RISK
Not all workers have contracts as required by law. The number of workers in informal employment was found to be quite significant (more than 18 million persons), accounting for 57.2% of non-agricultural workers nationwide. If workers engaged in agricultural households were included, the rate of informal workers would stand at 78.6%. 76.7% of informal workers engaged in such employment without any form of the written labour contract, in which 62.1... VIEW MORENot all workers have contracts as required by law. The number of workers in informal employment was found to be quite significant (more than 18 million persons), accounting for 57.2% of non-agricultural workers nationwide. If workers engaged in agricultural households were included, the rate of informal workers would stand at 78.6%. 76.7% of informal workers engaged in such employment without any form of the written labour contract, in which 62.1% had a verbal agreement and the remainder (14.6%) no form of agreement.  In quarter 3, 2020, the informal worker's rate is 57%. The plantation owned by the individuals/households often uses family labour or pays the workers daily or volume, and the scale and level of legal employment violation is insignificant. However, they usually sell standing trees without harvesting activities. The harvesting activities are managed by the logging companies who are often paying the workers by daily basic/Volume, usually with a verbal agreement (apply only for jobs shorter than a month). Based on the Preferred by Nature local expert, it is common for logging companies to hire the harvesting team without the labour contract regardless of the duration of the jobs to avoid paying the social, health insurance for the workers. Therefore, there is a risk of lack of the labour contract.
References
VIEW LESS
The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationField verificationStakeholder consultation
1
Consult with Department of Labour, War invalids and social affairs about illegal employment
Consult with Department of Labour, War invalids and social affairs if illegal employment is found during inspections.
2
Check that a labour contract or a verbal agreement is in place
Check that a labour contract or a verbal agreement is in place. If a verbal agreement applies (only for work less than 1 month), the following is not applicable: Payroll of employing agency demonstrating the payment amount for monthly social insurance, health insurance, unemployment insurance, Insurance for occupational accidents and diseases, trade union fee.
3
Verify the existence of documented labour contracts onsite
Verify the existence of documented labour contracts for jobs that have a duration of over one month
Description of legal requirements
Labour contracts shall be in place.
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The Labour Law 2019 stipulates the requirements for the employers and the employees that cover: labour contracts, training requirements, minimum working age and the minimum age for personnel involved in hazardous work, legislation against forced and compulsory labour, and discrimination and freedom of association. Forms of employment contract (Article 14) 1. An employment contract shall be concluded in writing and made into two copies, one of which will be kept by the employee and employer, except for the case specified in Clause 2 of this Article. An employment contract in electronic data conformable with electronic transaction laws shall have the same value as that of a physical contract. 2. Both parties may conclude an oral contract with a term of less than one month, except for the cases specified in Clause 2 Article 18 (for a seasonal or specific job that has a duration of under 12 months, a group of employees may authorize a member of the group to enter into a written labour contract; in this case, such labour contract is effective in the same manner as if it is entered into with each of the employees) , Point a Clause 1 Article 145 (apply for employment of employees under 15 years old) and Clause 1 Article 162 of this Labour Code (apply employment contracts with domestic workers). Minimum working age The legal working age is 15 (article 3). However, the labours aged 15 to under 18 are not allowed to work that is harmful to the development of their physical health, mental health or personality (article 143, 147). These types of works are regulated in Appendix III of Circular No. 09/2020/TT-BLDTBXH. There are 05 types of works related to the forestry sector: 1) Directly and manually digging up tree roots with a diameter of more than 40cm. 2) Using manual two-person wood saws, 3) Cutting trees with a diameter of 35cm or more, cutting branches and cutting high branches manually, 4) Transporting large pieces of wood and moving pieces of wood with a diameter of 35 cm or more manually or using wooden levers or wooden ramps, 5) Collecting sunken wood, and dragging wood from navigational locks and slipways to land. Working hours and Overtime Overtime working shall be agreed by the employee and followed the below requirements: Normal working hours shall not exceed 08 hours per day or 48 hours per week (article 105). The number of overtime working hours does not exceed 50% of the normal working hours in 01 days; in case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 days, and 40 hours in 01 months; c) The total overtime working hours do not exceed 200 hours in 01 years, except for the cases specified in Clause 3 of Article 105. These types of works are allowed overtime not exceeding 300 hours in 01 years in the following fields, works, jobs, and cases: Manufacture, processing of textile, garment, footwear, electric, electronic products, processing of agricultural, forestry, aquaculture products, salt production; etc. (article 107). Labour discrimination “Labour discrimination” means discrimination on the grounds of race, skin colour, nationality, ethnicity, gender, age, pregnancy, marital status, religion, opinion, disability, family responsibility, HIV infection, the establishment of or participation in a trade union or internal employee organization in a manner that affects the equality of opportunity of employment (article 3). Labour discrimination is one of the forbidden actions, according to Article 8. Law on Social Insurance 2014 requires that employers have adequate compulsory social insurance for their staff. Forced labour is prohibited by the Labour Law and regulated in article 8. Law on Social Insurance 2014 requires that employers must pay social insurance for their staff. Law on Health Insurance Law 2012 requires that employers have adequate health insurance for their staff. Law on Employment 2013 requires that employers have adequate unemployment for their staff. Decree No. 88/2020/ND-CP and Circular No. 26/2017/TT-BLDTBXH require employers to have compulsory insurance for occupational accidents and occupational diseases for the employees. Law on Trade Union 2012 states that labours are Viet Nam persons working in agencies, organizations, enterprises shall have the right to establish, participate in and operate Trade Union. The trade-union fee shall be 2% of salary fund which are used as the basis for social insurance payment for employees, paid by the employers.
Legally required documents
  • Labour contract or verbal agreement
  • The payroll of employing agency demonstrating the payment amount for monthly social insurance, health insurance, unemployment insurance, Insurance for occupational accidents and diseases and trade union fee
Applicable legislation
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1.13 Customary rights
Last updated on 2021-12-13 Not applicable. There is no formal recognition of customary rights in Viet Nam legislation. Not Applicable
Viet Nam does not constitute formal recognition of customary rights in Viet Nam law. The following overview of requirements provide the legal system that ensures all ethnic groups have the same rights to the forest land and forest resources and their right are respected and protected. The Constitution of The Socialist Republic of Viet Nam (2013) regulates all ethnicities are equal and unite with, respect, and assist one another for mutual develop... VIEW MORE

Viet Nam does not constitute formal recognition of customary rights in Viet Nam law. The following overview of requirements provide the legal system that ensures all ethnic groups have the same rights to the forest land and forest resources and their right are respected and protected. The Constitution of The Socialist Republic of Viet Nam (2013) regulates all ethnicities are equal and unite with, respect, and assist one another for mutual development; all acts of discrimination against and division of the ethnicities are prohibited. This resulted in ethnic minorities and Kinh people (which is the majority) in Viet Nam being treated equally under the laws. Land Law 2013 indicates that Land belongs to the entire people, with the State acting as the owner’s representative and uniformly managing land. The State shall grant land use rights to land users following this Law (Article 4). have the rights to utilize the forest and enjoy benefits arising from that place. There is no specific requirement for customary rights to the harvesting of the forest. In practice, Viet Nam government encourages the benefits sharing from the forest through the new forest management mechanisms such as Payment of Forest Environment Services (PFES), REDD+, and FLEGT. These offer the potential for greater recognition of customary tenure, as they require that benefits accrue to local people.

References
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The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Description of legal requirements
Viet Nam does not constitute formal recognition of customary rights in Viet Nam law.
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Viet Nam does not constitute formal recognition of customary rights in Viet Nam law. The following overview of requirements provide the legal system that ensures all ethnic groups have the same rights to the forest land and forest resources and their right are respected and protected. The Constitution of The Socialist Republic of Viet Nam (2013) regulates all ethnicities are equal and unite with, respect, and assist one another for mutual development; all acts of discrimination against and division of the ethnicities are prohibited. This resulted in ethnic minorities and Kinh people (which is the majority) in Viet Nam being treated equally under the laws. Land Law 2013 indicates that Land belongs to the entire people, with the State acting as the owner’s representative and uniformly managing land. The State shall grant land use rights to land users following this Law (Article 4).  have the rights to utilize the forest and enjoy benefits arising from that place. There is no specific requirement for customary rights to the harvesting of the forest. In practice, Viet Nam government encourages the benefits sharing from the forest through the new forest management mechanisms such as Payment of Forest Environment Services (PFES), REDD+, and FLEGT. These offer the potential for greater recognition of customary tenure, as they require that benefits accrue to local people
Applicable legislation
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1.14 Free prior and informed consent
Last updated on 2021-12-13 Not applicable. FPIC has not been implemented into the legal framework. Not Applicable
Not applicable. In 2009 Viet Nam became the first country to trial the implementation of FPIC under the UN-REDD program. Three pilot projects were initiated in Lam Dong, Thai Nguyen, and Nghe An. However, FPIC has not been implemented into the legal framework.... VIEW MORE

Not applicable. In 2009 Viet Nam became the first country to trial the implementation of FPIC under the UN-REDD program. Three pilot projects were initiated in Lam Dong, Thai Nguyen, and Nghe An. However, FPIC has not been implemented into the legal framework. VIEW LESS

The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Description of legal requirements
Not applicable.
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Not applicable. In 2009 Viet Nam became the first country to trial the implementation of FPIC under the UN-REDD program. Three pilot projects were initiated in Lam Dong, Thai Nguyen, and Nghe An. However, FPIC has not been implemented into the legal framework. VIEW LESS
1.15 Indigenous/traditional peoples rights
Last updated on 2021-12-13 Not applicable. Ethnic minorities are treated equally under Vietnamese law. Not Applicable
Not applicable. In 2019, The total population of Viet Nam was 96,208,984 people. The Kinh population was 82.1 million persons, accounting for 85.3% of the total population. The rest of the population are 53 ethnic minorities. Viet Nam ratified the International Covenant on Civil and Political Rights in 1982 and thereby recognized the rights of its ethnic minorities. In 2007, Viet Nam ratified the United Nations Declaration on the Rights of Indi... VIEW MORE

Not applicable. In 2019, The total population of Viet Nam was 96,208,984 people. The Kinh population was 82.1 million persons, accounting for 85.3% of the total population. The rest of the population are 53 ethnic minorities. Viet Nam ratified the International Covenant on Civil and Political Rights in 1982 and thereby recognized the rights of its ethnic minorities. In 2007, Viet Nam ratified the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The Constitution of The Socialist Republic of Viet Nam (2013) regulates all ethnicities are equal and unite with, respect, and assist one another for mutual development; all acts of discrimination against and division of the ethnicities are prohibited (Article 5). This resulted in ethnic minorities, and Kinh people (which is the majority) in Viet Nam being treated equally under the law. VIEW LESS

The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Description of legal requirements
Not applicable
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Not applicable.  In 2019, The total population of Viet Nam was 96,208,984 people. The Kinh population was 82.1 million persons, accounting for 85.3% of the total population. The rest of the population are 53 ethnic minorities.  Viet Nam ratified the International Covenant on Civil and Political Rights in 1982 and thereby recognized the rights of its ethnic minorities. In 2007, Viet Nam ratified the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).  The Constitution of The Socialist Republic of Viet Nam (2013) regulates all ethnicities are equal and unite with, respect, and assist one another for mutual development; all acts of discrimination against and division of the ethnicities are prohibited (Article 5). This resulted in ethnic minorities, and Kinh people (which is the majority) in Viet Nam being treated equally under the law. VIEW LESS
1.16 Classification of species, quantities, qualities
Last updated on 2021-12-13 Risk of incorrect packing lists Specified RISK
Both the sale invoice and packing list could be the documents that define the information on species, quantities, qualities. However, the sale invoice does not clearly state the species but the names of goods instead. Due to this, in some cases, the sale invoices may not be sufficient to identify the species. The sales invoice is also not required to be attached with the vehicle during transport, but the packing list are. Therefore, the packing l... VIEW MORE

Both the sale invoice and packing list could be the documents that define the information on species, quantities, qualities. However, the sale invoice does not clearly state the species but the names of goods instead. Due to this, in some cases, the sale invoices may not be sufficient to identify the species. The sales invoice is also not required to be attached with the vehicle during transport, but the packing list are. Therefore, the packing list is used to demonstrate compliance with this requirement.

The risk of this sub-category is related to three steps of 1) how to complete the packing list and 2) the ability to make a false classification on the packing list to avoid the taxes and 3) trade bans on product types or species.

1) Circular 27/2018/TT-BNNPTN, the packing list is no longer required to be verified by the Local Forest Protection Department (for planation forest), which creates a simplified process for the forest owners as they can complete it themselves. Forest Protection Department inspects tracing of forest products by annual inspection or unannounced inspection, including inspecting the quantity, volume, type and number of woods, packing list; harvesting documents. The combination of the simplified process to complete the packing list and the inspection by the Forest Protection Department creates encouragement for the forest/log owners to comply with the relevant law requirements.

2) Wood sourced from Viet Nam forests mostly originates from plantations. According to MARD (2019) the Viet Nam “mass” plantation forests (i.e., not including scattered trees) produced about 16 million m3 of logs in 2019, which is mainly used for processing by the domestic industry. Species most commonly used in forest plantations are Acacia (Acacia spp.) and Eucalyptus (Eucalyptus spp.) (non-government source 1).

Two commercially traded timber species are listed on CITES Appendix II from Viet Nam: Aquilaria spp. and Dalbergia cochinchinensis (Thailand Rosewood). These Appendix-II listings are not a ban on trade. To conduct international commercial trade in these listed species, it is necessary to ensure all the proper CITES documentation from the exporting or re-exporting country is compiled and accurate. (Forest Legality Alliance, 2014). There is no trade ban on the species from the plantation.

3) Regarding to the incorrect classification (quantities/volume) of harvested material to reduce/avoid payment of legality prescribed taxes and fees, value-added taxes and income and profit taxes, the household are not applicable for all these taxes and fees. As mentioned in indicator 1.7 on Income Tax, many businesses avoid tax by claiming the lowest possible profit or not complying with tax declaration requirements. They may declare insufficient revenue and incorrect expenses, thereby underestimating value-added tax, corporate income tax, and profit tax to be paid to the Government. Therefore, the risk for the private and state-owned plantation is specified. VIEW LESS

The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationStakeholder consultation
1
Consult the local Forest Protection Department
Consult the local Forest Protection Department, to ascertain the existence of forest violations related to the transportation of forestry products.
2
Verify inspection minutes for incorrect quantities
Check the inspection minutes (if any) by the local Forest Protection Department whether any violation of incorrect quantities found.
3
Verify quantities/volume and species on the packing list
Check quantities/volume, species on the packing lists, sale invoices and forest product origin dossier and the consistency of information these documents.
Description of legal requirements
Quantity shall be correctly listed in the Packing list.
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Circular No. 39/2014/TT-BTC requires the sales invoice to be made by the sellers who are organizations, households, and individuals that sell goods and/or provide services in Viet Nam or abroad.

Circular 119/2014/TT-BTC requires that information in the sale invoice include: Names of goods and services, units, quantity, unit prices of goods and services; amount must be written in numbers and words.

Circular 27/2018/TT-BNNPTNT defines that the forest product owner shall make a packing list after harvesting; when trading, transporting and dispatching forest products. The packing list reflects the information related to forest products on the vehicle used for transport.

Circular 27/2018/TT-BNNPTNT stipulates the information which must be contained in the Packing list of forest products by forest owners/log owners, including:

  • For round wood and sawn timber: Number, marking label, Common name, Scientific name (only for exported timber and sawn timber), Quantity, Dimensions and Volume.
  • For wood products: Wood product name, Marking label number (if available), Common name, Scientific name, Quantity and volume of the product, Unit. Articles 36 – 42 of Circular 27/2018/TT-BNNPTNT outline the inspection procedure of tracing forest products.

The Forest Protection Department will conduct two types of inspection: annual inspection or unannounced inspection. Unannounced inspection will be conducted when complaints, violations, denunciations, or reports are made.

The contents of the inspection will include:

  • Harvesting activities: Compliance with regulations of law before harvesting; compliance with regulations of law during and after harvesting; documents concerning the harvesting of forest products; Regarding harvested wood that is skidded and transported to a storage area, it is required to inspect its quantity, volume, type and number of woods, packing list; harvesting documents.
  • Transport of forest products: a) Dossiers and applications specified in Sections 2 and 3 Chapter III of this Circular; and b) Forest products available on the vehicle.
  • Wood and non-wood forest products at processing and trading facility: a) Forest product dossiers specified in Clause 1 Article 31 of this Circular; b) Forest products available at the facility; c) Storage of forest product dossiers.
  • The imported, exported, or transited forest products: a) Dossiers and applications specified in Article 17 and Section 3 Chapter III of this Circular; b) Forest products available at the border checkpoint.
  • A forest animal specimen raising and processing facility: a) Dossier on raised forest animals specified in Clause 2 Article 31 of this Circular; b) Forest animals raised.
  • A forest product storage facility: a) Forest product dossier specified in Article 32 of this Circular; b) Forest products available at the storage facility.
Legally required documents
Applicable legislation
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1.17 Trade and transport
Last updated on 2021-12-13 Risk of incorrect packing lists Specified RISK
The circular 27/2018/TT-BNNPTNT only requires dossiers to accompany the transported timber, timber products and NTFPs. Though the dossiers required are slightly different depending on the timber origins, what is generally required to be included during transport are: the packing list and a copy of the forest product origin dossier of the seller. The packing list is made by the owners of forest products and the forest product origin dossier is col... VIEW MORE

The circular 27/2018/TT-BNNPTNT only requires dossiers to accompany the transported timber, timber products and NTFPs. Though the dossiers required are slightly different depending on the timber origins, what is generally required to be included during transport are: the packing list and a copy of the forest product origin dossier of the seller.

The packing list is made by the owners of forest products and the forest product origin dossier is collected from the sellers without pre-verification/stamping by local forest protection department. 

The owners of forest products must be solely responsible for the legality of the forest products. This simplified process of obtaining these dossiers on one side lowers the risk of non-compliance with lawful requirements. On the other hand, the simplified process also risks making fraudulent documents (packing list, forest origin dossier). 

In addition, the Local Forest Protection Department annually conducts inspections or unannounced inspections of the trade and transport of timber, timber products and NTFPs. Regarding the transport activities, the Local Forest Protection Department checks relevant dossiers and applications and forest products available on the transport vehicle.

According to VNFOREST, in 2020, there are 10,931 cases of forestry violation for the whole country, a decrease of 2% compared to 2019. Compared to Forest Legality Alliance (2014), there were an estimated 30,000 to 50,000 reported forest violations per year, the number of forest violations in Viet Nam has decreased significantly from 2014 to 2020. These numbers are relevant for the whole forest sector, and not only to transport. However, the trend in decreased violations is also expected to be relevant to violations related to transport. The incorrect packing list to avoid/reduce income and profit taxes likely happen to the forest owned by state and private organizations and the supply chain.

References
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The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verification
1
Verify quantities/volume and species on the packing list
Check quantities/volume, species on the packing lists, sale invoices and forest product origin dossier and the consistency of information these documents.
2
Verify inspection minutes for incorrect quantities
Check the inspection minutes (if any) by the local Forest Protection Department whether any violation of incorrect quantities found.
3
Consult the local Forest Protection Department
Consult the local Forest Protection Department, to ascertain the existence of forest violations related to the transportation of forestry products.
Description of legal requirements
A packing list and a copy of the forest product origin dossier of the seller  should be accompanied during transport
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No transportation permit is required by laws to transport timber or timber products. Law on Forestry 2017 states that the Government shall develop and operate the national timber legality assurance system: issue criteria, power, procedures for classification of enterprises using, transporting, consuming, processing and exporting timbers or timber products (Article 69). Circular 27/2018/TT-BNNPTNT guides compliance with the laws on timber transport activities. Whenever the timber, timber products and NTFPs are transported, they shall have the specified dossier accompanied with.  The Article 36 – 42 of Circular 27/2018/TT-BNNPTNT outline the procedure of inspection of the tracing of forest products. Forest Protection Department will conduct the two types of inspection are: annual inspection or unannounced inspection. Unannounced inspection will be conducted when complaints, violations, denunciations, reports, etc. are made.
Legally required documents
Applicable legislation
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1.18 Offshore trading and transfer pricing
Last updated on 2021-12-13 Risk of offshore trading and transfer pricing, especially related to trade with Foreign Direct Investment (FDI) enterprises from tax haven countries Specified RISK
Before the government released applicable laws to enterprises having controlled transactions (in April 2017), transfer pricing rules in Viet Nam were lax. Investors could enter the market without worrying about their transfer pricing policies. Now, companies considering an investment into Viet Nam and those companies already operating in the country need to comply with the stricter regulatory requirements, which are based on OECD guidelines and B... VIEW MORE

Before the government released applicable laws to enterprises having controlled transactions (in April 2017), transfer pricing rules in Viet Nam were lax.

Investors could enter the market without worrying about their transfer pricing policies. Now, companies considering an investment into Viet Nam and those companies already operating in the country need to comply with the stricter regulatory requirements, which are based on OECD guidelines and Base Erosion and Profit Shifting BEPS actions.

In July 2015, a Transfer Pricing Audit Department was established within the General Department of Taxation (“GDT”). Soon afterward, in November 2015, local Transfer Pricing Audit departments were also established in the Hanoi, Binh Duong, Dong Nai, and Ho Chi Minh City tax authorities.

During 2016, tax audits were conducted on 84,472 companies, with the additional tax amount of VND17.164 trillion. Specifically, 329 transfer pricing audit cases were conducted, with the recollected tax amount and penalties of VND607.52 billion (loss reduction of VND5,612.21 billion). According to the Foreign Investment Agency report, FDI inflows into Viet Nam continuously increased in the period 2010–2018. It is worth noting that about 28% of this capital flow came from countries and territories with very low or zero corporate income tax (CIT) rates such as Singapore, Hong Kong, UK Virgin Islands, Cayman Islands, etc. Therefore, multinational enterprises from the above countries and territories may transfer profits from Viet Nam to those places to reduce the tax rate that should be paid in Viet Nam.

According to the Foreign Investment Department, by the end of 2019, the total number of FDI enterprises operating in the timber industry was 966, an increase of 11.4% compared to the number of FDI enterprises in 2018. Total registered investment capital reached $ 6.3 billion by the end of 2019, an increase of 13.2% compared to the total registered capital at the end of 2018. The annual report of Viet Nam enterprises in 2015 published by the Viet Nam Chamber of Commerce and Industry (VCCI) has a very remarkable result, among the three types of enterprises, the Foreign Direct Investment (FDI) sector has the highest rate of loss-making enterprises, with nearly 48 enterprises in 3 years (2012 - 2014).

Investment sectors with the highest rate of transfer pricing enterprises include 90% of businesses in the financial and insurance sectors, 70% of textile and garment manufacturing enterprises, 51% of auto parts manufacturing enterprises, etc. 

A study by Nguyen Huu Anh from National Economics University on analysing and assessing the current situation of transfer pricing, controlling transfer pricing, and assessing its impact Viet Nam enterprises in many aspects and pointed out several limitations and shortcomings, specifically: the database for the arm length price has not been available, lack of capacity of government staffs on transfer pricing audit, etc.  

APA application is to improve the efficiency in tax administration, reduce the cost of compliance with tax laws, determine prices of taxpayers’ related-party transactions in conformity with arm’s-length and substance-over-form principles to determine the nature of related-party transactions and corporate income tax liability of taxpayers in the same manner as that of transactions between independent parties, and prevent double taxation and tax evasion and minimize disputes over the determination of prices of related transactions. The enterprises that join APA are considered as low risk for transfer pricing. Nevertheless, there is only 11 enterprises that joined in the negotiation of APA.  

As the above information, the number of transfer pricing activities was a significant and high rate across the country with FDI enterprises. The risk for the privately-owned plantation is therefore considered as Specified. 

In 2020, the State Audit Office audited the financial statements and activities related to the management and use of state capital in 2019 of 160 enterprises belonging to 17 groups and corporations and pointed out many management issues of the use of state capital and assets in corporations, leading to inefficiencies, losses, and negative capital. (Non-Government source 7). There is no information on the Offshore transfer pricing found linked with the state company. Given the above situation and based on the precautionary approach, the risk for the State-owned planation is therefore considered Specified. 

According to article 5 of Decree 132/2020/NĐ-CP, households are not recognized as transfer pricing-related parties. The risk for household-owned plantations is Not Applicable. However, if the timber from the household-owned plantation goes into the supply chain through trading, processing, and exporting, the risk is Specified.

References
VIEW LESS
The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationStakeholder consultation
1
Verify the signed Advanced Pricing Agreement (APA)
For the enterprises have entered into an Advanced Pricing Agreement (APA): Check the signed Advanced Pricing Agreement (APA)
2
Consult with the Departments of Taxation and Sub-departments of Taxation on the transfer pricing violation
Consult with the Departments of Taxation and Sub-departments of Taxation on the transfer pricing violation to verify if any TP transaction was made and found out by Departments of Taxation any other related information to TP activities found out by Departments of Taxation.
3
Check transactions to verify that there is no sign of Transfer Pricing
Review the inspection minutes by the Departments of Taxation and Sub-departments of Taxation, if any, to verify if; any TP transaction was made and detected by Departments of Taxation Departments of Taxation detected any other related information to TP activities
4
Check transactions to verify that there is no sign of Transfer Pricing
Check transactions to verify that there is no sign of TP (the selling price is significantly lower than the arm length price to the related parties)
5
Verify Country-by-Country reporting
Review the documents listed in Decree 132/2020/NĐ-CP:  Country-by-country reporting (Appendix 4): Any related parties with the companies in the tax haven countries; Any transaction was made to these related parties
6
Verify a local file and master file
Review the documents listed in Decree 132/2020/NĐ-CP: A local file and master file (Appendix 2 and 3 of Decree 132/2020/NĐ-CP)
7
Verify e-invoices in case organisation is in the list of "High tax risk enterprises"
For the enterprises that does not have an Advanced Pricing Agreement (APA):  Ascertain if the organization is in the list of “High tax risk enterprises” on the General Department of Taxation website http://tracuuhoadon.gdt.gov.vn/dnrrvp.html . These enterprises have to continuously use special e-invoices with verification codes for 12 months to be monitored by the Tax authority. If the enterprise is on the list, make sure they provide valid e-voices by checking on the website: http://tracuuhoadon.gdt.gov.vn/main.html
8
Verify Annual declaration of related party transactions
Review the documents listed in Decree 132/2020/NĐ-CP: Annual declaration of related party transactions (Appendix 1 of Decree 132/2020/NĐ-CP)
Description of legal requirements
Values of related-party transactions shall be adjusted according to independent transactions to declare tax so that taxable income is not decreased.
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Decree 132/2020/NĐ-CP dated November 5, 2020, on prescribing tax administration for enterprises having related-party transactions that regulate transfer pricing doctrines, methods, and processes for the determination of transfer pricing factors; taxpayer’s transfer pricing rights and obligations, declaration procedures; responsibilities of state regulatory authorities for the tax administration over taxpayers having related party transactions. Article 5 defines the enterprises that are related parties: 1) A party is directly or indirectly involved in the management, control of, the contribution of capital to, or investment in, the other party; 2) Parties are directly or indirectly affected by the management, control of, the contribution of capital, or investment, from the other party and meet one of the following conditions from points a to me of the Article 5.

Article 18 indicates that the taxpayers (enterprises) engaged in related party transactions shall be held responsible for declaring information about their interrelationships or intra-group relationships and related party transactions using Form No. 01 given in Appendix I, II and III to this Decree, and submitting their completed forms together with Finalization of corporate tax and retaining and providing the transfer pricing files comprising information, documents, data and records.

  • Exemption: Taxpayers shall be responsible for making transfer pricing declaration according to Appendix I to this Decree, but shall be exempted from the transfer pricing documentation requirements in the following circumstances: Taxpayers are engaged in the transfer pricing, but their total sales arising within a specified taxable period are less than VND 50 billion, and their total values of the related-party transactions arising within a specified taxable period do not exceed VND 30 billion (Article 19 of Decree 132/2020/NĐ-CP)

Taxpayers already entering into the Advance Pricing Agreement (APA) have submitted the annual report following the legislation on Advance Pricing Agreements. For those related party transactions not covered by the APA, taxpayers shall be responsible for making transfer pricing declarations as referred to in Article 18 herein. Taxpayers perform business activities by exercising simple functions, neither generating any revenue nor incurring any cost from an operation or use of intangible assets, generating the sales of less than VND 200 billion, as well as applying the ratio of net operating profit before deducting loan interest and corporate income tax (exclusive of the difference between sales and costs of financial activities) to net sales, in detail: Distribution (5% or over), Manufacturing (10% or over), Processing (15% or over.). Law No. 38/2019/QH14, Article 42 provide the rules for declaring and calculating taxable prices in related-party transactions:

  • a) Values of related-party transactions shall be determined and declared by analysing and comparing with independent transactions the nature of operation and nature of the transaction, to determine tax liability in the same manner as that of transactions between independent parties.
  • b) Values of related-party transactions shall be adjusted according to independent transactions to declare tax so taxable income is not decreased.
  • c) Taxpayers whose businesses are small in scale and pose low tax risk are exempt from compliance to provisions of Point a and Point b of this Clause and may apply simplified related-party transaction declaration procedures.

Circular No. 45/2021/TT-BTC and Decree No. 126/2020/ND-CP guide the enterprises' application Advance Pricing Agreement (APA). An APA will be applied on the principle that the tax authority and the taxpayer or a Viet Nam tax authority and a party tax authority and a taxpayer cooperate, discuss and negotiate the application of regulations of law on payment of corporate income tax on the related transactions covered by APA in conformity with arm’s length principle and substance-over-form principle.

Legally required documents
  • An annual declaration of related party transactions (Appendix 1 of Decree 132/2020/NĐ-CP)
  • A local file and master file (Appendix 2 and 3 of Decree 132/2020/NĐ-CP)
  • Country-by-country reporting (Appendix 4 of Decree 132/2020/NĐ-CP)
  • Cooperate Income Tax finalization returns
Applicable legislation
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1.19 Custom regulations
Last updated on 2021-12-13 For exporting - low risk concluded Low RISK
Viet Nam has been operating the online platform customs declaration where all relevant classification of products and relevant documents are recorded. The online system will check whether the exporters are eligible for exporting and classify the shipment into low, medium, and high risk with the appropriate inspection for each level of risk. This reduces the risk of violation of custom requirements.  Wood sourced from Viet Nam forests mostly ori... VIEW MOREViet Nam has been operating the online platform customs declaration where all relevant classification of products and relevant documents are recorded. The online system will check whether the exporters are eligible for exporting and classify the shipment into low, medium, and high risk with the appropriate inspection for each level of risk. This reduces the risk of violation of custom requirements.  Wood sourced from Viet Nam forests mostly originates from plantations. According to MARD (2019), the Viet Nam “mass” plantation forests (i.e., not including scattered trees) produced about 16 million m3 of logs in 2019, which is mainly used for processing by the domestic industry. Species most used in forest plantations are Acacia (Acacia spp.) and Eucalyptus (Eucalyptus spp.) (non-government source 6). There are a low risk of false species claims to avoid the CITES permit. USA, Japan, China, South Korea, and the EU are the five major markets for Viet Nam Forest products and account for 89,7% of the total exported forest products. (Non-government source 7). The shipments to these countries mostly go through the seaports, which are very strict on the customs procedures. In addition, US, EU and Japan require Due Diligence for importing forest products; this requires the enterprises that export the products to these countries to follow the custom regulation. There is a very low likeliness of violations of customs regulations taking place. Based on the above analysis, the risk for exporting is considered Low.
References
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The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Description of legal requirements
The exporters shall have the dossier for exports (original packing list, license specified in the treaties between the Socialist Republic of Viet Nam with the exporting country, copy of the CITES import.
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According to article 3 of Decree No. 69/2018/ND-CP, there is no specific license/permits required for import/export of timber and timber products into and out of Viet Nam, except for licenses for timber and timber products (CITES License) or import from the countries that have entered a Voluntary Partnership Agreement (VPA) with EU and has an operative FLEGT licensing system (FLEGT License). The enterprise interested in importing/exporting goods must hold a business registration certificate.  There is a suspension of temporary import for re-export of round timber and sawn timber from natural forests of Laos and Cambodia from January 01, 2019, to December 31, 2023 (No. 44/2018/TT-BCT). The importers/exporters must submit the customs declaration online. The customs declaration requires a wide range of information that includes the product classification (HS codes, quantities, qualities and species). The system will automatically check whether the importer/exporters are eligible for importing/exporting. The Viet Nam customs system classifies the imported/exported products into 3 lines with different levels of risk management. Accordingly, 1) Green line (low risk): Exemption from detailed inspection of records and physical inspection of goods by the custom sub-department, 2) Yellow line (medium risk): Records are required to be checked, exemption from physical inspection of goods; 3) Red line (high risk): Records and physical inspection are needed (Decision No. 1966/QĐ-TCHQ). The products that are customs cleared are considered legally imported/exported. In addition, the inspection can be made at the border gate after the customs clearance depending on the risk level of the shipment.  Currently, the timber dossier for exporting is regulated under Article 26 of Circular 27/2018/TT-BNNPTNT. However, this will be replaced by article 10 of Decree No. 102/2020/ND-CP, which will be valid when the Prime Minister issues a decision on effective dates of regulations on management of timber for export prescribed in Section 2 Chapter II and FLEGT licensing prescribed in Section 1 Chapter IV of this Decree.  The importing tax for timber and sawn timber is 0%. The exporting tax of timber and timber products is ranged from 0% to -25% (Decree 57/2020/ND-CP).
Legally required documents
Applicable legislation
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1.19 Custom regulations
Last updated on 2021-12-13 For import - risk of illegal import of timber from Laos and Cambodia Specified RISK
The importing tax for timber and sawn timber is 0%, so tax evasion is low. Viet Nam has been operating a online platform customs declaration that is relevant for classification of products, and relevant documents are recorded. The online system will check whether the importers are eligible for exporting and classify the shipment into low, medium and high risk with the appropriate inspection for each level of risk. This reduces the risk of violat... VIEW MORE

The importing tax for timber and sawn timber is 0%, so tax evasion is low. 

Viet Nam has been operating a online platform customs declaration that is relevant for classification of products, and relevant documents are recorded. The online system will check whether the importers are eligible for exporting and classify the shipment into low, medium and high risk with the appropriate inspection for each level of risk. This reduces the risk of violation of custom requirements.

However, numerous sources suggest that the illegal trade across the borders with Laos, Cambodia takes place as follows: In 2020, Viet Nam imported 2.54 million m3 of sawn timber and 2.17 million m3 of logs. The low-risk source accounts for 65.7% of imported wood materials; the remaining 34.3% is high-risk sources from 45 countries. Though Laos and Cambodia used to be a significant source of tropical timber, timber imports from these two countries are officially decreasing and negligible in 2020, which is approximately 5,000- 6,000 m3 of log and 50,000 - 60,000 m3 of sawn wood from Laos and even less from Combodia. However, up to 2017, various sources suggest that the illegal timber trade still occurs in some parts of Quang Binh, Ha Tinh and Nghe An provinces, which are on the Viet Nam–Lao PDR border and that most of that trade is in precious species that are listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). 

Viet Nam is a leading timber transit market, with timber exports valued at more than USD11 billion in 2019. However, the source of the timber being imported into the country is not always clear, leading to concerns that the industry supports the illegal timber trade. In addition, the customs force is not well trained in forestry or timber identification; this is one of the major difficulties for this force. B

ased on the above information, the risk for import is Specified.

References
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The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verification
1
Verify FLEGT license (if relevant)

Relevant to collect FLEGT license if timber is imported from a country that has entered a Timber Legality Agreement with EU and has an operative FLEGT licensing system

2
Verify Customs Dossier
Check all the relevant importing documents and customs declarations and the consistency of these documents. Products shall be correctly classified (type, HS code, species, quantities, etc.).
3
Verify packing list Original copy of the packing list for imported timber (Form No. 01 or 02 in Appendix I of Decree 102/2020/ND-CP).
Check all the relevant importing documents and customs declarations and the consistency of these documents. Products shall be correctly classified (type, HS code, species, quantities, etc.).
4
Verify Declaration of imported timber origin (Form No. 03 in Appendix I of Decree 102/2020/ND-CP)

Shall be collected if there is no CITES or FLEGT license available for the imported product

5
Verify CITES permit

Shall be collected if timber is listed in a CITES Appendix for the country of origin. Collect:

  • copy of the CITES permit for export or re-export issued by a CITES authority of the exporting or re-exporting country;
  • Copy of the CITES permit for import issued by a CITES authority of Viet Nam
Description of legal requirements

The importers must submit the customs declaration online. Timber importer shall be legally responsible for: 1) the legal origins of the timber according to relevant laws of the country of harvest, 2) comply with the request for information according to the criteria for evaluation of exporting countries and species and 3) take responsibility for the accuracy of the documents provided and information declared.

Note: If logs are not legally imported there is a risk of timber being illegally harvested in the country of origin.

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According to article 3 of Decree No. 69/2018/ND-CP, there is no specific license/permits required for import/export of timber and timber products into and out of Viet Nam, except for licenses for timber and timber products (CITES License) or import from the countries that have entered a Voluntary Partnership Agreement (VPA) with EU and has an operative FLEGT licensing system (FLEGT License).

The enterprise interested in importing/exporting goods must hold a business registration certificate.

There is a suspension of temporary import for re-export of round timber and sawn timber from natural forests of Laos and Cambodia from January 01, 2019, to December 31, 2023 (No. 44/2018/TT-BCT).

The importers/exporters must submit the customs declaration online. The customs declaration requires a wide range of information that includes the product classification (HS codes, quantities, qualities and species). The system will automatically check whether the importer/exporters are eligible for importing/exporting. The Viet Nam customs system classifies the imported/exported products into 3 lines with different levels of risk management. Accordingly, 1) Green line (low risk): Exemption from detailed inspection of records and physical inspection of goods by the custom sub-department, 2) Yellow line (medium risk): Records are required to be checked, exemption from physical inspection of goods; 3) Red line (high risk):

Records and physical inspection are needed ( Decision No. 1966/QĐ-TCHQ).

The products that are customs cleared are considered legally imported/exported.

In addition, inspection can be made at the border gate after the customs clearance depending on the risk level of the shipment.

Article 4 of Decree No. 102/2020/ND-CP, the timber importer shall be legally responsible for: 1) the legal origins of the timber according to relevant laws of the country of harvest, 2) comply with the request for information according to the criteria for evaluation of exporting countries and species and 3) take responsibility for the accuracy of the documents provided and information declared. The import of timber shall be based on a risk assessment identifying whether the countries/regions and the species are low/high risk.

All the importers shall implement the due diligence system regulated under this decree. Decision No. 4832/QĐ-BNN-TCLN provides the list of 51 low-risk countries/regions considered low-risk for importing. The high-risk species criterion is listed in article 6 of Decree No. 102/2020/ND-CP.

The importing dossiers are regulated in Article 7 of Decree No. 102/2020/ND-CP.

Legally required documents
Applicable legislation
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1.20 CITES
Last updated on 2021-12-13 Dalbergia Cochinchinensis - lack of fulfillment of the administration procedures for planting and harvesting CITES species Specified RISK
Dalbergia cochinchinensis - commercially traded timber species listed in CITES Appendix II. These Appendix-II listings are not a ban on trade. To conduct international commercial trade in these listed species, it is necessary to ensure all the proper CITES documentation from the exporting or re-exporting country is compiled and accurate. Dalbergia cochinchinensis in the wild: The Thailand rosewood population trend is decreasing in both Viet Nam ... VIEW MORE

Dalbergia cochinchinensis - commercially traded timber species listed in CITES Appendix II. These Appendix-II listings are not a ban on trade. To conduct international commercial trade in these listed species, it is necessary to ensure all the proper CITES documentation from the exporting or re-exporting country is compiled and accurate. 

Dalbergia cochinchinensis in the wild: The Thailand rosewood population trend is decreasing in both Viet Nam and in the rest of the world. The number of mature individuals has significantly declined. Moreover, deforestation has seriously compromised the distribution of the species. In the past distribution locations such as Ben Cat of Binh Duong province, Trang Bom district of Dong Nai province, and Thu Duc district of Ho Chi Minh city, where six of 30 specimens of Dalbergia cochinchinensis were collected in the period 1880 – 1890 and are being kept at the French National Museum of Natural History, wild populations of Dalbergia cochinchinensis maybe now exterminated due to the urbanization.

Results of field visits on Thailand rosewood in the provinces of Kon Tum, Gia Lai and Dak Lak from 9 – 14 September 2019 and Binh Thuan, Dong Nai and Binh Phuoc from 7 – 12 October 2019 indicated that Dalbergia cochinchinensis is still naturally distributed in all sites above. However, the occupancy area, populations, and the number of mature individuals has been drastically reduced due to over-exploitation and destructed habitats.

Dalbergia cochinchinensis plantation: In recent years, under the instruction of the provincial FPDs of Kon Tum, Gia Lai, Dak Lak and Binh Phuoc provinces, citizens and local governmental officers planted Dalbergia cochinchinensis in the small, isolated lands (also called sparse land) on the streets, cultivated land of households and office on the international environmental day. Field visits indicated that few nurseries are having Dalbergia cochinchinensis in the region. Some seedling provision facilities such as the Tropical Forest Research Center in Pleiku city of Gia Lai province Yok Don national park and families in Trang Bom district of Dong Nai province produce Dalbergia cochinchinensis seedlings for local government programs of scattered afforestation, and planting trees in offices, streets, local households and surrounding areas. However, with the remaining demand for rare and high-value species for hand-carved wood furniture for the domestic market and export to China, there is a risk that the protected species are planted and harvested illegally, not following the legally required procedure. Most of Dalbergia cochinchinensis harvested from the natural forest are illegal.

References
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The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Harvesting plan
Verify that the Harvesting plan according to Form No.01 provided in the Decree 06/2019/NĐ-CP, is signed by forest owner.
2
Consult with Forest Protection Department
Consult with the Provincial/District Forest Protection Department to: cross-check if any violations of planting and harvesting has occurred. Verify if the forest owners/harvesters have notified the harvesting to the provincial-level state management agency in forestry before harvesting.
3
Verify CITES permit

Verify the existence of the CITES export permit and validate the information on the document. Check date of issue and validity. The effective period of the export or re-export permit is 6 months and 12 months for the import permit.

All cross-border trade of CITES-listed species shall be documented and accompanied by required export, import, and re-export certificates issued by competent authorities (CITES Management Authorities). Note that there is a risk that permits have been obtained fraudulently.

4
Verify Planting (raising) logbook
A Planting (raising) logbook according to Form no. 17 provided in the Decree 06/2019/NĐ-CP. All information in the plan and in the logbook must correctly correspond with other documents and the nature of the species, including species name, product descriptions, volumes, and qualities.
5
Verify Planting (raising) plan
A Planting (raising) plan according to Form no. 07. All information in the plan and in the logbook must correctly correspond with other documents and the nature of the species, including species name, product descriptions, volumes, and qualities.
6
Verify Facility Code
Check for a valid Facility Code issued by Provincial FPD.
Description of legal requirements

CITES species shall be planted only following legal requirements.

VIEW MORE
Viet Nam ratified the CITES Convention in 1994. Article 4 of Decree 06/2019/ND-CP provides lists of the endangered, precious, and rare species of forest fauna and flora, including:  a) Group I includes species of forest fauna and flora threatened with extinction and banned from exploitation or use for commercial purposes and species in CITES Appendix I naturally inhabiting Viet Nam. There are 39 species under Group IA (Flora species): Xanthocyparis Viet Namensis (Bách vàng), Taiwania cryptomerioides (Bách đài loan), Cupressus tonkinensis (Hoàng đàn hữu liên), Cunninghamia konishii (Sa mộc dầu), Glyptostrobus pensilis (Thông nước), Keteleeria davidiana (Du sam đá vôi), Abies delavayi subsp. fansipanensis (Vân sam fan si pang). etc b) Group II includes species of forest fauna and flora that, although currently not threatened with extinction, may become so without strict control of exploitation and use for commercial purposes and species specified in CITES Appendix II naturally inhabiting Viet Nam. There are 55 species under Group IIA (flora species): Calocedrus rupestris (Bách xanh núi đá), Calocedrus macrolepis (Bách xanh), Fokienia hodginsii (Pơ mu), Taxus chinensis (Thông đỏ lá ngắn), Taxus wallichiana (Thông đỏ lá dài), Cephalotaxus mannii (Đỉnh tùng), Podocarpus pilgeri (Thông tre lá ngắn), Pinus cernua (Thông xuân nha), Pinus dalatensis (Thông Đà Lạt), Pinus krempfii (Thông lá dẹt), Pinus kwangtungensis (Thông Pà cò), Pinus kwangshanensis (Thông hai lá quả nhỏ), Pseudotsuga brevifolia (Thiết sam giả lá ngắn), Diospyros mun (Mun), Afzelia xylocarpa (Gõ đỏ), Sindora siamensis (Gụ mật), Sindora tonkinensis (Gụ lau), Dalbergia oliveri (Cẩm lai Bà Rịa), Pterocarpus macrocarpus (Giáng hương quả to), Erythrophloeum fordii (Lim xanh), Dalbergia cochinchinensis (Trắc), Dalbergia rimosa (Trắc dây), Dalbergia tonkinensis (Sưa), Cinnamomum balansae (Gù hương), Cinnamomum glaucescens (Re xanh phấn), Cinnamomum parthenoxylon (Vù hương), Excentrodendron tonkinense (Nghiến) and etc. The exploitation, raising, processing, promotion, exhibition, export, transportation, storage, and trade in Group I and Group II specimens shall comply with regulations for species specified in CITES Appendix I, II accordingly. Decree 06/2019/ND-CP regulates the conditions for harvesting from natural specimens endangered species of wild fauna and flora specified in CITES Appendix I and II and the condition for raising of CITES-listed endangered wild fauna and flora for non-profit purpose and commercial purposes.  Harvesting from the natural forest The harvesting of endangered species of wild fauna and flora specified in CITES Appendix I and II from nature are mostly for non-commercial purposes, except for Appendix II to serve the sustainable trade as per legal requirements (article 12 of Decree 06/2019/ND-CP) as follows: Natural specimens of species specified in CITES Appendix I shall be exploited to: Serve scientific research themes and projects. Generate the source of original breed for breeding and artificial production purpose. Serve foreign affairs under decisions issued by the Prime Minister Natural specimens of species specified in CITES Appendix II shall be exploited to: Serve scientific research themes and projects. Generate the source of original breed for breeding and artificial planting purpose. Serve foreign affairs under decisions issued by the Prime Minister Serve the purpose of sustainable trade as per law provisions Steps to harvest from the nature (Article 12, point 3)  Entities exploiting the specimens above are required to: have an exploitation plan according to Form No.01 provided in Appendix. notify the exploitation to the provincial-level state management agency in forestry or fisheries before such exploitation. exploit such specimens so that no harmful effect is produced on the preservation and sustainable development of the species. Vietnamese law provisions and CITES provisions on the exploitation of specimens of endangered, precious and rare wild fauna and flora species. For planting and harvesting. Growing CITES-listed species can be done for commercial and non-commercial purposes and regulated in article 15 - 18 of Decree 06/2019/ND-CP. For commercial purposes, the conditions have to follow article 15 which are:  The breed is legally sourced, the raising facility must be suitable for characteristics of the species, a planting (raising) plan and the planting (raising) logbook. Codes of seedling (raising) facilities: The code shall include name, address and contacting information of the planting facility, information about the planted species according to Form No.08 of Decree 06/2019/ND-CP. Registration of codes of facilities raising endangered wild fauna and flora specified in CITES Appendix I, II and III. Issuing the CITES permit The CITES permit is required for exporting, importing, and re-exporting of CITES-listed endangered species of wild fauna and flora, and endangered, precious, and rare species of forest fauna and flora. The CITES permit must include sufficient information and carry a CITES stamp or bar code, signature, and seal of the CITES management authority of Viet Nam (Form No.09 provided in the Appendix). The Enforcement Authority of CITES in Viet Nam is the CITES Management Authority. The Viet Nam CITES Management Authority is responsible for the overall implementation of CITES regulations. At the same time, the provincial-level forestry state management agencies shall conduct inspection and supervision of planting (raising), exploitation and origin of specimens of species provided in CITES Appendix I and II in the areas under management.
Legally required documents
Applicable legislation
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1.20 CITES
Last updated on 2021-12-13 Dalbergia Oliveri - lack of fulfilment of the administration procedures for planting and harvesting cites species Specified RISK
In September 2019, research by the Center for Nature Conservation And Development (CCD) and CITES Management Authority of Viet Nam shows that Dalbergia oliveri is recently being over-exploited due to the reduction of Aquilaria spp. , and Dalbergia cochinchinensis.... VIEW MOREIn September 2019, research by the Center for Nature Conservation And Development (CCD) and CITES Management Authority of Viet Nam shows that Dalbergia oliveri is recently being over-exploited due to the reduction of Aquilaria spp. , and Dalbergia cochinchinensis.
References
VIEW LESS
The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Harvesting plan
Verify that the Harvesting plan according to Form No.01 provided in the Decree 06/2019/NĐ-CP, is signed by forest owner.
2
Consult with Forest Protection Department
Consult with the Provincial/District Forest Protection Department to: cross-check if any violations of planting and harvesting has occurred. Verify if the forest owners/harvesters have notified the harvesting to the provincial-level state management agency in forestry before harvesting.
3
Verify CITES permit

Verify the existence of the CITES export permit and validate the information on the document. Check date of issue and validity. The effective period of the export or re-export permit is 6 months and 12 months for the import permit.

All cross-border trade of CITES-listed species shall be documented and accompanied by required export, import, and re-export certificates issued by competent authorities (CITES Management Authorities). Note that there is a risk that permits have been obtained fraudulently.

4
Verify Planting (raising) logbook
A Planting (raising) logbook according to Form no. 17 provided in the Decree 06/2019/NĐ-CP. All information in the plan and in the logbook must correctly correspond with other documents and the nature of the species, including species name, product descriptions, volumes, and qualities.
5
Verify Planting (raising) plan
A Planting (raising) plan according to Form no. 07. All information in the plan and in the logbook must correctly correspond with other documents and the nature of the species, including species name, product descriptions, volumes, and qualities.
6
Verify Facility Code
Check for a valid Facility Code issued by Provincial FPD.
Description of legal requirements

CITES species shall be planted only following legal requirements.

VIEW MORE
Viet Nam ratified the CITES Convention in 1994. Article 4 of Decree 06/2019/ND-CP provides lists of the endangered, precious, and rare species of forest fauna and flora, including:  a) Group I includes species of forest fauna and flora threatened with extinction and banned from exploitation or use for commercial purposes and species in CITES Appendix I naturally inhabiting Viet Nam. There are 39 species under Group IA (Flora species): Xanthocyparis Viet Namensis (Bách vàng), Taiwania cryptomerioides (Bách đài loan), Cupressus tonkinensis (Hoàng đàn hữu liên), Cunninghamia konishii (Sa mộc dầu), Glyptostrobus pensilis (Thông nước), Keteleeria davidiana (Du sam đá vôi), Abies delavayi subsp. fansipanensis (Vân sam fan si pang). etc b) Group II includes species of forest fauna and flora that, although currently not threatened with extinction, may become so without strict control of exploitation and use for commercial purposes and species specified in CITES Appendix II naturally inhabiting Viet Nam. There are 55 species under Group IIA (flora species): Calocedrus rupestris (Bách xanh núi đá), Calocedrus macrolepis (Bách xanh), Fokienia hodginsii (Pơ mu), Taxus chinensis (Thông đỏ lá ngắn), Taxus wallichiana (Thông đỏ lá dài), Cephalotaxus mannii (Đỉnh tùng), Podocarpus pilgeri (Thông tre lá ngắn), Pinus cernua (Thông xuân nha), Pinus dalatensis (Thông Đà Lạt), Pinus krempfii (Thông lá dẹt), Pinus kwangtungensis (Thông Pà cò), Pinus kwangshanensis (Thông hai lá quả nhỏ), Pseudotsuga brevifolia (Thiết sam giả lá ngắn), Diospyros mun (Mun), Afzelia xylocarpa (Gõ đỏ), Sindora siamensis (Gụ mật), Sindora tonkinensis (Gụ lau), Dalbergia oliveri (Cẩm lai Bà Rịa), Pterocarpus macrocarpus (Giáng hương quả to), Erythrophloeum fordii (Lim xanh), Dalbergia cochinchinensis (Trắc), Dalbergia rimosa (Trắc dây), Dalbergia tonkinensis (Sưa), Cinnamomum balansae (Gù hương), Cinnamomum glaucescens (Re xanh phấn), Cinnamomum parthenoxylon (Vù hương), Excentrodendron tonkinense (Nghiến) and etc. The exploitation, raising, processing, promotion, exhibition, export, transportation, storage, and trade in Group I and Group II specimens shall comply with regulations for species specified in CITES Appendix I, II accordingly. Decree 06/2019/ND-CP regulates the conditions for harvesting from natural specimens endangered species of wild fauna and flora specified in CITES Appendix I and II and the condition for raising of CITES-listed endangered wild fauna and flora for non-profit purpose and commercial purposes.  Harvesting from the natural forest The harvesting of endangered species of wild fauna and flora specified in CITES Appendix I and II from nature are mostly for non-commercial purposes, except for Appendix II to serve the sustainable trade as per legal requirements (article 12 of Decree 06/2019/ND-CP) as follows: Natural specimens of species specified in CITES Appendix I shall be exploited to: Serve scientific research themes and projects. Generate the source of original breed for breeding and artificial production purpose. Serve foreign affairs under decisions issued by the Prime Minister Natural specimens of species specified in CITES Appendix II shall be exploited to: Serve scientific research themes and projects. Generate the source of original breed for breeding and artificial planting purpose. Serve foreign affairs under decisions issued by the Prime Minister Serve the purpose of sustainable trade as per law provisions Steps to harvest from the nature (Article 12, point 3)  Entities exploiting the specimens above are required to: have an exploitation plan according to Form No.01 provided in Appendix. notify the exploitation to the provincial-level state management agency in forestry or fisheries before such exploitation. exploit such specimens so that no harmful effect is produced on the preservation and sustainable development of the species. Vietnamese law provisions and CITES provisions on the exploitation of specimens of endangered, precious and rare wild fauna and flora species. For planting and harvesting. Growing CITES-listed species can be done for commercial and non-commercial purposes and regulated in article 15 - 18 of Decree 06/2019/ND-CP. For commercial purposes, the conditions have to follow article 15 which are:  The breed is legally sourced, the raising facility must be suitable for characteristics of the species, a planting (raising) plan and the planting (raising) logbook. Codes of seedling (raising) facilities: The code shall include name, address and contacting information of the planting facility, information about the planted species according to Form No.08 of Decree 06/2019/ND-CP. Registration of codes of facilities raising endangered wild fauna and flora specified in CITES Appendix I, II and III. Issuing the CITES permit The CITES permit is required for exporting, importing, and re-exporting of CITES-listed endangered species of wild fauna and flora, and endangered, precious, and rare species of forest fauna and flora. The CITES permit must include sufficient information and carry a CITES stamp or bar code, signature, and seal of the CITES management authority of Viet Nam (Form No.09 provided in the Appendix). The Enforcement Authority of CITES in Viet Nam is the CITES Management Authority. The Viet Nam CITES Management Authority is responsible for the overall implementation of CITES regulations. At the same time, the provincial-level forestry state management agencies shall conduct inspection and supervision of planting (raising), exploitation and origin of specimens of species provided in CITES Appendix I and II in the areas under management.
Legally required documents
Applicable legislation
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1.20 CITES
Last updated on 2021-12-13 Aquilaria spp. - risk of illegal cites species harvest from the natural forest Specified RISK
Aquilaria spp . - commercially traded timber species is listed in CITES Appendix II. These Appendix-II listings are not a ban on trade. To conduct international commercial trade in these listed species, it is necessary to ensure all the proper CITES documentation from the exporting or re-exporting country is compiled and accurate.  Planting the Aquilaria spp. to make Agarwood became popular in Viet Nam. Viet Nam has a system of ranger agencies f... VIEW MOREAquilaria spp . - commercially traded timber species is listed in CITES Appendix II. These Appendix-II listings are not a ban on trade. To conduct international commercial trade in these listed species, it is necessary to ensure all the proper CITES documentation from the exporting or re-exporting country is compiled and accurate.  Planting the Aquilaria spp. to make Agarwood became popular in Viet Nam. Viet Nam has a system of ranger agencies from central to local, where the private company or household has to register their Aquilaria plantation to make agarwood. Current challenges on Aquilaria (agarwood) plantation:  Enforcement staffs lack the capacity to identify agarwood from artificial production or natural products. Lack of a standard process to create agarwood  A lot of households have several trees in their home garden but lack of knowledge to fulfil the administration procedures  The export of any artificial agarwood specimen requires to fulfil all CITES documents Based on numerous sources of information, there is a risk that CITES permits for  Aquilaria spp. have been obtained fraudulently.
References
VIEW LESS
The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationStakeholder consultation
1
Consult with Forest Protection Department
Document verification
2
Verify Planting (raising) plan
Document verification
3
Verify Facility Code
Document verification
4
Verify CITES permit
Document verification
5
Verify Planting (raising) logbook
Document verification
6
Verify Harvesting plan
Document verification
Description of legal requirements
CITES species shall be harvested from natural forest only following legal requirements.
VIEW MORE
Viet Nam ratified the CITES Convention in 1994. Article 4 of Decree 06/2019/ND-CP provides lists of the endangered, precious, and rare species of forest fauna and flora, including:  a) Group I includes species of forest fauna and flora threatened with extinction and banned from exploitation or use for commercial purposes and species in CITES Appendix I naturally inhabiting Viet Nam. There are 39 species under Group IA (Flora species): Xanthocyparis Viet Namensis (Bách vàng), Taiwania cryptomerioides (Bách đài loan), Cupressus tonkinensis (Hoàng đàn hữu liên), Cunninghamia konishii (Sa mộc dầu), Glyptostrobus pensilis (Thông nước), Keteleeria davidiana (Du sam đá vôi), Abies delavayi subsp. fansipanensis (Vân sam fan si pang). etc b) Group II includes species of forest fauna and flora that, although currently not threatened with extinction, may become so without strict control of exploitation and use for commercial purposes and species specified in CITES Appendix II naturally inhabiting Viet Nam. There are 55 species under Group IIA (flora species): Calocedrus rupestris (Bách xanh núi đá), Calocedrus macrolepis (Bách xanh), Fokienia hodginsii (Pơ mu), Taxus chinensis (Thông đỏ lá ngắn), Taxus wallichiana (Thông đỏ lá dài), Cephalotaxus mannii (Đỉnh tùng), Podocarpus pilgeri (Thông tre lá ngắn), Pinus cernua (Thông xuân nha), Pinus dalatensis (Thông Đà Lạt), Pinus krempfii (Thông lá dẹt), Pinus kwangtungensis (Thông Pà cò), Pinus kwangshanensis (Thông hai lá quả nhỏ), Pseudotsuga brevifolia (Thiết sam giả lá ngắn), Diospyros mun (Mun), Afzelia xylocarpa (Gõ đỏ), Sindora siamensis (Gụ mật), Sindora tonkinensis (Gụ lau), Dalbergia oliveri (Cẩm lai Bà Rịa), Pterocarpus macrocarpus (Giáng hương quả to), Erythrophloeum fordii (Lim xanh), Dalbergia cochinchinensis (Trắc), Dalbergia rimosa (Trắc dây), Dalbergia tonkinensis (Sưa), Cinnamomum balansae (Gù hương), Cinnamomum glaucescens (Re xanh phấn), Cinnamomum parthenoxylon (Vù hương), Excentrodendron tonkinense (Nghiến) and etc. The exploitation, raising, processing, promotion, exhibition, export, transportation, storage, and trade in Group I and Group II specimens shall comply with regulations for species specified in CITES Appendix I, II accordingly. Decree 06/2019/ND-CP regulates the conditions for harvesting from natural specimens endangered species of wild fauna and flora specified in CITES Appendix I and II and the condition for raising of CITES-listed endangered wild fauna and flora for non-profit purpose and commercial purposes.  Harvesting from the natural forest The harvesting of endangered species of wild fauna and flora specified in CITES Appendix I and II from nature are mostly for non-commercial purposes, except for Appendix II to serve the sustainable trade as per legal requirements (article 12 of Decree 06/2019/ND-CP) as follows: Natural specimens of species specified in CITES Appendix I shall be exploited to: Serve scientific research themes and projects. Generate the source of original breed for breeding and artificial production purpose. Serve foreign affairs under decisions issued by the Prime Minister Natural specimens of species specified in CITES Appendix II shall be exploited to: Serve scientific research themes and projects. Generate the source of original breed for breeding and artificial planting purpose. Serve foreign affairs under decisions issued by the Prime Minister Serve the purpose of sustainable trade as per law provisions Steps to harvest from the nature (Article 12, point 3)  Entities exploiting the specimens above are required to: have an exploitation plan according to Form No.01 provided in Appendix. notify the exploitation to the provincial-level state management agency in forestry or fisheries before such exploitation. exploit such specimens so that no harmful effect is produced on the preservation and sustainable development of the species. Vietnamese law provisions and CITES provisions on the exploitation of specimens of endangered, precious and rare wild fauna and flora species. For planting and harvesting. Growing CITES-listed species can be done for commercial and non-commercial purposes and regulated in article 15 - 18 of Decree 06/2019/ND-CP. For commercial purposes, the conditions have to follow article 15 which are:  The breed is legally sourced, the raising facility must be suitable for characteristics of the species, a planting (raising) plan and the planting (raising) logbook. Codes of seedling (raising) facilities: The code shall include name, address and contacting information of the planting facility, information about the planted species according to Form No.08 of Decree 06/2019/ND-CP. Registration of codes of facilities raising endangered wild fauna and flora specified in CITES Appendix I, II and III. Issuing the CITES permit The CITES permit is required for exporting, importing, and re-exporting of CITES-listed endangered species of wild fauna and flora, and endangered, precious, and rare species of forest fauna and flora. The CITES permit must include sufficient information and carry a CITES stamp or bar code, signature, and seal of the CITES management authority of Viet Nam (Form No.09 provided in the Appendix). The Enforcement Authority of CITES in Viet Nam is the CITES Management Authority. The Viet Nam CITES Management Authority is responsible for the overall implementation of CITES regulations. At the same time, the provincial-level forestry state management agencies shall conduct inspection and supervision of planting (raising), exploitation and origin of specimens of species provided in CITES Appendix I and II in the areas under management.
Legally required documents
Applicable legislation
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1.20 CITES
Last updated on 2021-12-13 Dalbergia Oliveri - risk of illegal cites species harvest from the natural forest Specified RISK
With the remaining demand for rare and high-value species for hand-carved wood furniture for the domestic market and export to China, there is a risk that the protected species are planted and harvested illegally, not following the legally required procedure.  Most of Dalbergia oliveri  is harvested from the natural forest are illegal.... VIEW MOREWith the remaining demand for rare and high-value species for hand-carved wood furniture for the domestic market and export to China, there is a risk that the protected species are planted and harvested illegally, not following the legally required procedure.  Most of Dalbergia oliveri  is harvested from the natural forest are illegal.
References
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The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Harvesting plan
Verify that the Harvesting plan according to Form No.01 provided in the Decree 06/2019/NĐ-CP, is signed by forest owner.
2
Consult with Forest Protection Department
Consult with the Provincial/District Forest Protection Department to: cross-check if any violations of planting and harvesting has occurred. Verify if the forest owners/harvesters have notified the harvesting to the provincial-level state management agency in forestry before harvesting.
3
Verify CITES permit

Verify the existence of the CITES export permit and validate the information on the document. Check date of issue and validity. The effective period of the export or re-export permit is 6 months and 12 months for the import permit.

All cross-border trade of CITES-listed species shall be documented and accompanied by required export, import, and re-export certificates issued by competent authorities (CITES Management Authorities). Note that there is a risk that permits have been obtained fraudulently.

Description of legal requirements
CITES species shall be harvested from natural forest only following legal requirements.
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Viet Nam ratified the CITES Convention in 1994. Article 4 of Decree 06/2019/ND-CP provides lists of the endangered, precious, and rare species of forest fauna and flora, including:  a) Group I includes species of forest fauna and flora threatened with extinction and banned from exploitation or use for commercial purposes and species in CITES Appendix I naturally inhabiting Viet Nam. There are 39 species under Group IA (Flora species): Xanthocyparis Viet Namensis (Bách vàng), Taiwania cryptomerioides (Bách đài loan), Cupressus tonkinensis (Hoàng đàn hữu liên), Cunninghamia konishii (Sa mộc dầu), Glyptostrobus pensilis (Thông nước), Keteleeria davidiana (Du sam đá vôi), Abies delavayi subsp. fansipanensis (Vân sam fan si pang). etc b) Group II includes species of forest fauna and flora that, although currently not threatened with extinction, may become so without strict control of exploitation and use for commercial purposes and species specified in CITES Appendix II naturally inhabiting Viet Nam. There are 55 species under Group IIA (flora species): Calocedrus rupestris (Bách xanh núi đá), Calocedrus macrolepis (Bách xanh), Fokienia hodginsii (Pơ mu), Taxus chinensis (Thông đỏ lá ngắn), Taxus wallichiana (Thông đỏ lá dài), Cephalotaxus mannii (Đỉnh tùng), Podocarpus pilgeri (Thông tre lá ngắn), Pinus cernua (Thông xuân nha), Pinus dalatensis (Thông Đà Lạt), Pinus krempfii (Thông lá dẹt), Pinus kwangtungensis (Thông Pà cò), Pinus kwangshanensis (Thông hai lá quả nhỏ), Pseudotsuga brevifolia (Thiết sam giả lá ngắn), Diospyros mun (Mun), Afzelia xylocarpa (Gõ đỏ), Sindora siamensis (Gụ mật), Sindora tonkinensis (Gụ lau), Dalbergia oliveri (Cẩm lai Bà Rịa), Pterocarpus macrocarpus (Giáng hương quả to), Erythrophloeum fordii (Lim xanh), Dalbergia cochinchinensis (Trắc), Dalbergia rimosa (Trắc dây), Dalbergia tonkinensis (Sưa), Cinnamomum balansae (Gù hương), Cinnamomum glaucescens (Re xanh phấn), Cinnamomum parthenoxylon (Vù hương), Excentrodendron tonkinense (Nghiến) and etc. The exploitation, raising, processing, promotion, exhibition, export, transportation, storage, and trade in Group I and Group II specimens shall comply with regulations for species specified in CITES Appendix I, II accordingly. Decree 06/2019/ND-CP regulates the conditions for harvesting from natural specimens endangered species of wild fauna and flora specified in CITES Appendix I and II and the condition for raising of CITES-listed endangered wild fauna and flora for non-profit purpose and commercial purposes.  Harvesting from the natural forest The harvesting of endangered species of wild fauna and flora specified in CITES Appendix I and II from nature are mostly for non-commercial purposes, except for Appendix II to serve the sustainable trade as per legal requirements (article 12 of Decree 06/2019/ND-CP) as follows: Natural specimens of species specified in CITES Appendix I shall be exploited to: Serve scientific research themes and projects. Generate the source of original breed for breeding and artificial production purpose. Serve foreign affairs under decisions issued by the Prime Minister Natural specimens of species specified in CITES Appendix II shall be exploited to: Serve scientific research themes and projects. Generate the source of original breed for breeding and artificial planting purpose. Serve foreign affairs under decisions issued by the Prime Minister Serve the purpose of sustainable trade as per law provisions Steps to harvest from the nature (Article 12, point 3)  Entities exploiting the specimens above are required to: have an exploitation plan according to Form No.01 provided in Appendix. notify the exploitation to the provincial-level state management agency in forestry or fisheries before such exploitation. exploit such specimens so that no harmful effect is produced on the preservation and sustainable development of the species. Vietnamese law provisions and CITES provisions on the exploitation of specimens of endangered, precious and rare wild fauna and flora species. For planting and harvesting. Growing CITES-listed species can be done for commercial and non-commercial purposes and regulated in article 15 - 18 of Decree 06/2019/ND-CP. For commercial purposes, the conditions have to follow article 15 which are:  The breed is legally sourced, the raising facility must be suitable for characteristics of the species, a planting (raising) plan and the planting (raising) logbook. Codes of seedling (raising) facilities: The code shall include name, address and contacting information of the planting facility, information about the planted species according to Form No.08 of Decree 06/2019/ND-CP. Registration of codes of facilities raising endangered wild fauna and flora specified in CITES Appendix I, II and III. Issuing the CITES permit The CITES permit is required for exporting, importing, and re-exporting of CITES-listed endangered species of wild fauna and flora, and endangered, precious, and rare species of forest fauna and flora. The CITES permit must include sufficient information and carry a CITES stamp or bar code, signature, and seal of the CITES management authority of Viet Nam (Form No.09 provided in the Appendix). The Enforcement Authority of CITES in Viet Nam is the CITES Management Authority. The Viet Nam CITES Management Authority is responsible for the overall implementation of CITES regulations. At the same time, the provincial-level forestry state management agencies shall conduct inspection and supervision of planting (raising), exploitation and origin of specimens of species provided in CITES Appendix I and II in the areas under management.
Legally required documents
Applicable legislation
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1.20 CITES
Last updated on 2021-12-13 Dalbergia Cochinchinensis - risk of illegal cites species harvest from the natural forest Specified RISK
With the remaining demand for rare and high-value species for hand-carved wood furniture for the domestic market and export to China, there is a risk that the protected species are planted and harvested illegally, not following the legally required procedure.  Most of Dalbergia cochinchinensis is harvested from the natural forest are illegal.... VIEW MOREWith the remaining demand for rare and high-value species for hand-carved wood furniture for the domestic market and export to China, there is a risk that the protected species are planted and harvested illegally, not following the legally required procedure.  Most of Dalbergia cochinchinensis is harvested from the natural forest are illegal.
References
VIEW LESS
The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verificationStakeholder consultation
1
Verify Harvesting plan
Verify that the Harvesting plan according to Form No.01 provided in the Decree 06/2019/NĐ-CP, is signed by forest owner.
2
Consult with Forest Protection Department
Consult with the Provincial/District Forest Protection Department to: cross-check if any violations of planting and harvesting has occurred. Verify if the forest owners/harvesters have notified the harvesting to the provincial-level state management agency in forestry before harvesting.
3
Verify CITES permit

Verify the existence of the CITES export permit and validate the information on the document. Check date of issue and validity. The effective period of the export or re-export permit is 6 months and 12 months for the import permit.

All cross-border trade of CITES-listed species shall be documented and accompanied by required export, import, and re-export certificates issued by competent authorities (CITES Management Authorities). Note that there is a risk that permits have been obtained fraudulently.

Description of legal requirements
CITES species shall be harvested from natural forest only following legal requirements.
VIEW MORE
Viet Nam ratified the CITES Convention in 1994. Article 4 of Decree 06/2019/ND-CP provides lists of the endangered, precious, and rare species of forest fauna and flora, including:  a) Group I includes species of forest fauna and flora threatened with extinction and banned from exploitation or use for commercial purposes and species in CITES Appendix I naturally inhabiting Viet Nam. There are 39 species under Group IA (Flora species): Xanthocyparis Viet Namensis (Bách vàng), Taiwania cryptomerioides (Bách đài loan), Cupressus tonkinensis (Hoàng đàn hữu liên), Cunninghamia konishii (Sa mộc dầu), Glyptostrobus pensilis (Thông nước), Keteleeria davidiana (Du sam đá vôi), Abies delavayi subsp. fansipanensis (Vân sam fan si pang). etc b) Group II includes species of forest fauna and flora that, although currently not threatened with extinction, may become so without strict control of exploitation and use for commercial purposes and species specified in CITES Appendix II naturally inhabiting Viet Nam. There are 55 species under Group IIA (flora species): Calocedrus rupestris (Bách xanh núi đá), Calocedrus macrolepis (Bách xanh), Fokienia hodginsii (Pơ mu), Taxus chinensis (Thông đỏ lá ngắn), Taxus wallichiana (Thông đỏ lá dài), Cephalotaxus mannii (Đỉnh tùng), Podocarpus pilgeri (Thông tre lá ngắn), Pinus cernua (Thông xuân nha), Pinus dalatensis (Thông Đà Lạt), Pinus krempfii (Thông lá dẹt), Pinus kwangtungensis (Thông Pà cò), Pinus kwangshanensis (Thông hai lá quả nhỏ), Pseudotsuga brevifolia (Thiết sam giả lá ngắn), Diospyros mun (Mun), Afzelia xylocarpa (Gõ đỏ), Sindora siamensis (Gụ mật), Sindora tonkinensis (Gụ lau), Dalbergia oliveri (Cẩm lai Bà Rịa), Pterocarpus macrocarpus (Giáng hương quả to), Erythrophloeum fordii (Lim xanh), Dalbergia cochinchinensis (Trắc), Dalbergia rimosa (Trắc dây), Dalbergia tonkinensis (Sưa), Cinnamomum balansae (Gù hương), Cinnamomum glaucescens (Re xanh phấn), Cinnamomum parthenoxylon (Vù hương), Excentrodendron tonkinense (Nghiến) and etc. The exploitation, raising, processing, promotion, exhibition, export, transportation, storage, and trade in Group I and Group II specimens shall comply with regulations for species specified in CITES Appendix I, II accordingly. Decree 06/2019/ND-CP regulates the conditions for harvesting from natural specimens endangered species of wild fauna and flora specified in CITES Appendix I and II and the condition for raising of CITES-listed endangered wild fauna and flora for non-profit purpose and commercial purposes.  Harvesting from the natural forest The harvesting of endangered species of wild fauna and flora specified in CITES Appendix I and II from nature are mostly for non-commercial purposes, except for Appendix II to serve the sustainable trade as per legal requirements (article 12 of Decree 06/2019/ND-CP) as follows: Natural specimens of species specified in CITES Appendix I shall be exploited to: Serve scientific research themes and projects. Generate the source of original breed for breeding and artificial production purpose. Serve foreign affairs under decisions issued by the Prime Minister Natural specimens of species specified in CITES Appendix II shall be exploited to: Serve scientific research themes and projects. Generate the source of original breed for breeding and artificial planting purpose. Serve foreign affairs under decisions issued by the Prime Minister Serve the purpose of sustainable trade as per law provisions Steps to harvest from the nature (Article 12, point 3)  Entities exploiting the specimens above are required to: have an exploitation plan according to Form No.01 provided in Appendix. notify the exploitation to the provincial-level state management agency in forestry or fisheries before such exploitation. exploit such specimens so that no harmful effect is produced on the preservation and sustainable development of the species. Vietnamese law provisions and CITES provisions on the exploitation of specimens of endangered, precious and rare wild fauna and flora species. For planting and harvesting. Growing CITES-listed species can be done for commercial and non-commercial purposes and regulated in article 15 - 18 of Decree 06/2019/ND-CP. For commercial purposes, the conditions have to follow article 15 which are:  The breed is legally sourced, the raising facility must be suitable for characteristics of the species, a planting (raising) plan and the planting (raising) logbook. Codes of seedling (raising) facilities: The code shall include name, address and contacting information of the planting facility, information about the planted species according to Form No.08 of Decree 06/2019/ND-CP. Registration of codes of facilities raising endangered wild fauna and flora specified in CITES Appendix I, II and III. Issuing the CITES permit The CITES permit is required for exporting, importing, and re-exporting of CITES-listed endangered species of wild fauna and flora, and endangered, precious, and rare species of forest fauna and flora. The CITES permit must include sufficient information and carry a CITES stamp or bar code, signature, and seal of the CITES management authority of Viet Nam (Form No.09 provided in the Appendix). The Enforcement Authority of CITES in Viet Nam is the CITES Management Authority. The Viet Nam CITES Management Authority is responsible for the overall implementation of CITES regulations. At the same time, the provincial-level forestry state management agencies shall conduct inspection and supervision of planting (raising), exploitation and origin of specimens of species provided in CITES Appendix I and II in the areas under management.
Legally required documents
Applicable legislation
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1.21 Legislation requiring due diligence/due care procedures
Last updated on 2021-12-13 Risk that due diligence requirements are not complied with Specified RISK
The legislation requirements on due diligence have only recently been issued and came into force in 2020. The EU has commented on the need to revise further and develop the current requirements to be in line with the VPA, “and Viet Nam then puts these controls into practice, including the specification of adequate, proportionate and dissuasive administrative or criminal sanctions to address violations”.It is reported that the supply of tropic... VIEW MORE

The legislation requirements on due diligence have only recently been issued and came into force in 2020. The EU has commented on the need to revise further and develop the current requirements to be in line with the VPA, “and Viet Nam then puts these controls into practice, including the specification of adequate, proportionate and dissuasive administrative or criminal sanctions to address violations”.

It is reported that the supply of tropical timber from Africa, Laos, Cambodia, and PNG falls into the category of risky geographic regions. In terms of imported species, the proportion of risk species imported into Viet Nam out of the total of different imported species depends on the supplying sources. However, risk species generally still account for a relatively large proportion of imported species.

In 2020, The U.S. Trade Representative initiated an investigation of Viet Nam’s acts, policies, and practices related to importing and using illegally harvested or traded timber.

Reports indicate that a significant amount of the timber exported from Cambodia to Viet Nam was harvested on protected lands, such as wildlife sanctuaries, or outside of and therefore in violation of legal timber concessions. Cambodia nevertheless remains a significant source of Viet Nam’s timber imports. Similarly, timber sourced from other countries, such as Cameroon and the Democratic Republic of the Congo (DRC), may have been harvested against those countries’ laws. 

There is a warning from the experts about the illegal supply of logs and sawn timber from Russia and Ukraine imported into Viet Nam through China. Though the number of timber products from Russia and Ukraine account for a very small proportion, these sources are considered risky due to the illegal logging in these countries. 

Following the survey findings, VCCI and Forest Trends has developed the advising legal framework for bidding related to the public procurement policy on timber products, developed the guidelines and training material to support the central and provincial government buyers with the new bidding procedures, including, for example, how to evaluate bids. This handbook was released in April 2021, and due to its early release, there has been no evaluation of its impact.

The risk is considered Specified.

References
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The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Risk mitigation options
Document verification
1
Verify Declaration of imported timber origin (Form No. 03 in Appendix I of Decree 102/2020/ND-CP)

Shall be collected if there is no CITES or FLEGT license available for the imported product

2
Verify CITES permit

Shall be collected if timber is listed in a CITES Appendix for the country of origin. Collect:

  • copy of the CITES permit for export or re-export issued by a CITES authority of the exporting or re-exporting country;
  • Copy of the CITES permit for import issued by a CITES authority of Viet Nam
3
Verify FLEGT license (if applicable)

Collect FLEGT license if timber is imported from a country that has entered a Timber Legality Agreement with EU and has an operative FLEGT licensing system

Description of legal requirements
Imported timber shall be covered by due diligence as required by law.
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The Viet Nam government and the European Union (EU) announced the start of formal negotiations for a Forest Law Enforcement, Governance and Trade (FLEGT) Voluntary Partnership Agreement (VPA) on 18 August 2010. This Agreement aims to ensure the legality of timber products entering the EU market. At the same time, it could help maintain and expand the export of timber and timber products from Viet Nam enterprises, subject to the changing EU market requirement as of March 2013.

The EU and Viet Nam signed the VPA in October 2018. The VPA entered into force in June 2019, after both the EU and Viet Nam had ratified it following their respective procedures. The VPA is yet fully implemented after the VPA has entered into force.

During the early stage of the implementation phase of the VPA, Viet Nam is revising and developing new legislation requirements to realize the commitments of the VPA. Following that, legislation will have to be implemented by developing new elements and building capacity to operate the system. In 2020, Viet Nam issued Decree 102/2020/ND-CP on Viet Nam Timber Legality Assurance System, which is to ensure that timber products are verified as legal according to specified requirements for all stages of the supply chain, from the forest or the point of import to the point of final sale or export. The Decree went into force on 31st October 2020.

There have been requirements for Viet Nam operators to exercise due diligence to assess the legality of timber and timber products they import from that effective date. When importing timber, Viet Nam importers shall complete a self-declaration that documents their due diligence exercise, including collecting information, risk assessment, and mitigation of any risk related to the legal origin. Customs Department will verify compliance with due diligence requirements in cooperation with other relevant agencies.

Decision No. 4832/QĐ-BNN-TCLN provides the list of 51 countries/regions considered low risk for importing. The high-risk species criterion is listed in article 6 of Decree No. 102/2020/ND-CP. Article 10 on Timber dossier for export and the FLEGT License has not been put in force yet. Therefore, the Timber dossier for export shall still be regulated by Article 26 of Circular 27/2018/TT-BNNPTNT. The Timber dossier for export and issuing the FLEGT License will be valid when the Prime Minister issues a decision on effective dates of regulations on management of timber for export prescribed in Section 2 Chapter II and FLEGT licensing prescribed in Section 1 Chapter IV of this Decree.

Legally required documents
Applicable legislation
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1.22 Supply chain transparency and traceability
Last updated on 2021-12-13 Mapping of supply chain and obtaining accurate information on species and origin can be challenging Specified RISK
Supply chain mapping is particularly difficult in Viet Nam, due to the often-high number of sub-suppliers, the complexity of supply chains, and challenges concerning supply-chain transparency and frequently occurring traceability information gaps within supply chains. Also, Based on the Preferred by Nature local expert, the Forest Product Entry and Exit Book are not usually completed comprehensively by the organization to provide supply chain tr... VIEW MORE

Supply chain mapping is particularly difficult in Viet Nam, due to the often-high number of sub-suppliers, the complexity of supply chains, and challenges concerning supply-chain transparency and frequently occurring traceability information gaps within supply chains. 

Also, Based on the Preferred by Nature local expert, the Forest Product Entry and Exit Book are not usually completed comprehensively by the organization to provide supply chain transparency.

The timber industry is important in Viet Nam. Viet Nam's wood processing industry produces and exports high-end wood products, particularly furniture. Viet Nam is an important timber processing hub and one of the world's largest exporting countries.

The forestry sector in Viet Nam contributed USS$12.5 billion to the economy in 2020. Viet Nam’s export markets are US, Japan, China, South Korea, EU.

Since Viet Nam banned logging in its natural forests, Viet Nam’s rapidly expanding wood processing industry has become dependent on imported timber and domestic production from the plantation. 

Domestic production: The domestic supply of industrial wood is expanding to keep up with spectacular growth in demand in Viet Nam’s domestic and export markets:

Domestic production in 2016 reached approximately 24 million m3, composed of: 

  • Plantation timber: About 17 - 18 million m3 of plantation timber is harvested annually, mostly acacia plantation. •   Rubberwood: About 3.2 million m3 of rubberwood is harvested annually
  • Scattered trees: Millions of smallholders produce 3 million m3 of wood from trees.

The supply and demand volumes reveal how most of Viet Nam’s smallholder and plantation forests supply mainly species, such as acacia and rubberwood, that feed the low-value-added wood chip export industry.

Import of round timber and sawn timber: In 2020, Viet Nam imported 2.54 million m3 of sawn timber and 2.17 million m3 of logs. The low-risk source accounts for 65.7% of imported wood materials; the remaining 34.3% are high-risk sources from 45 countries. Most of the imported wood goes into furniture products. 

The EU-Viet Nam VPA implementing legislation is being developed. The decree setting the requirements for Viet Nam Timber Legality Assurance System (VNTLAS) has been developed (Decree No. 102/2020/ND-CP). This decree also provides for regulations on the law on management, tracing of origins of forestry products and relevant legislative documents shall apply to VNTLAS for harvest, transport, trade, and processing of timber. However, the VPA has not yet been implemented, and currently, it is impossible to state a high level of transparency and traceability in supply chains from Viet Nam.

References
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The risk applies to the following source types
  • Individuals/Households owned plantations
  • Private company owned plantations
  • State-owned plantations
Description of legal requirements
Origin, species, and transport route shall be declared correctly
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According to Article 30 of Circular No. 27/2018/TT-BNNPTNT: The organization shall prepare the forest product entry and exit book using the Form No. 11 of the circular that includes the information of:

  • Opening stock and Ending stock Received:
  • Forest product name (Common name, scientific name), number, marking label, unit, volume or weight, endangered/rare species; CITES Forms, ordinary species, enclosed document
  • Dispatched: Number of packing list of forest products dispatched, volume, weight, enclosed documents, estimated amount of lost raw materials (if available)
Legally required documents
Applicable legislation
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