Quyết định 4852/QĐ-BNN-TCLN 2018 thực hiện Hiệp định tự nguyện thực thi Luật Lâm nghiệp

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

DecisionNo. 4852/QD-BNN-TCLN dated December 10, 2018 of the Ministry Of Agriculture And Rural Development on promulgating Plans for implementing voluntary partnership agreement between the Socialist Republic of Vietnam and the European Union on forestry law enforcement, governance and trade

MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Forestry Law dated November 15, 2017;

Pursuant to Decree No.15/2017/ND-CP dated February 17, 2017 of the Government on functions, duties, rights and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decision No.28/2017/QD-TTg dated July 03, 2017 of the Prime Minister on functions, duties, rights and organizational structure of the Forestry General Department affiliated to the Ministry of Agriculture and Rural Development;

At the request of the Director General of the Vietnam Administration of Forest specified in Proposal No.2185/TTr-TCLN-KH&HTQT dated December 06, 2018 on approving the plan for implementing the Voluntary Partnership Agreement between the Socialist Republic of Vietnam and the European Union on Forestry Law Enforcement, Governance and Trade,

HEREBE DECIDES:

Article 1.This Decision is issued together with the plan for implementing the Voluntary Partnership Agreement between the Socialist Republic of Vietnam and the European Union on Forestry Law Enforcement, Governance and Trade (hereinafter referred to as "the VPA/FLEGT").

Article 2.This Decision takes effect on the signing date.

Article 3.Chief of the Ministry Office, Directors General of Department of Legal Affairs, Department of Finance, Department of International Cooperation, Department of Personnel and Organization, Director General of the Vietnam Administration of Forest and Directors of relevant agencies shall take responsibility to implement this Decision./.

For the Minister

Deputy Minister

Ha Cong Tuan 

PLAN

IMPLEMENTING VOLUNTARY PARTNERSHIP AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM AND THE EUROPEAN UNION ON FORESTRY LAW ENFORCEMENT, GOVERNANCE AND TRADE
(Issued together with Decision No.4852/QD-BNN-TCLN dated December 10, 2018 of the Minister of Agriculture and Rural Development)

I. OBJECTIVES AND REQUIREMENTS

1. Ensure the VPA/FLEGT is fully implemented through operation of Vietnam Timber Legality Assurance System (hereinafter referred to as “VNTLAS”) and grant FLEGT license for export of shipments of Vietnam timber products to the EU by the beginning of 2021.

2. Determine specific tasks, performance duration, expected results and responsibilities of relevant agencies for launching the plan for implementation of the VPA/FLEGT; closely cooperate with other ministries, local government authorities and parties concerned in promptly informing and dealing with questions or difficulties.

II.CONTENTS

1. Ratification of the Agreement

- Finish and send the proposal for Agreement ratification to the Government.

- Welcome and work with the delegation of the European Parliament (EP) vice-president that comes to Vietnam for field survey purpose before ratification of the VPA/FLEGT with Vietnam from January 7thto 9th, 2019.

- Monitor the agreement ratification process by the European Parliament.

2. Formulation of legislative documents and guidelines

- Formulate Decrees on VNTLAS.

- Write the following guidelines (i) instruction manuals on enterprise classification; supply-demand chain management; imported timber management and export verification and (ii) national guidance on Korean and Australian legal timber.

3. Development of databases for operation of VNTLAS

- Establish a database of enterprise classification and violations against the Forestry Law.

- Establish a FLEGT license database and put it in trial use.

4. Enhancement of capacity for Agreement implementation of relevant parties

- Prepare a training plan for improvement of capacity of relevant parties including state management agencies, enterprises, and forest planting family households and processing enterprises.

- Provide training and practice courses for relevant parties.

5. Media

- Prepare a VPA media plan for target entities including state management agencies (Forest administrations/verification authorities; CITES management authority of Vietnam/FLEGT licensing authority; customs authorities); Associations, enterprises and family households involving in the timber supply chain and other relevant parties. 

- Compile and publish media publications.

- Organize communications programs on mass media.

- Post information on VPA implementation on the website of Vietnam Administration of Forest (hereinafter referred to as “VNFOREST”). 

- Hold forums and seminars on VPA/FLEGT.

- Report and disclosure information as prescribed in Appendix VIII of the Agreement.

6. Implementation, monitoring and review of the Agreement

Set up a mechanism on management, monitoring and review of the Agreement:

- Establish a Joint Implementation Committee (JIC) as specified in Article 18 and Appendix IX of the Agreement.  Hold JIC periodic meetings.

- Set up a framework for general monitoring and review of the Agreement including independent monitoring and assessment of the Agreement s influence on economy, society and environment.

- Carry out periodic assessment of VNTLAS as specified in Appendix VI of the Agreement.

- Carry out assessment of readiness of VNTLAS for grant of FLEGT license as specified in Appendix VII of the Agreement.

- Take measures to improve non-readiness of VNTLAS as recommended by the JIC.

- Review, update and amend Appendix II and V specified in the Agreement.

7. Cooperation in and promotion of regional and international implementation of the VPA-FLEGT

- Provide assistance in preparation and implementation of MOU on forestry cooperation with Laos, Cambodia, Myanmar, Korea, American and Russia according to VNTLAS.

- Set up and implement regional and border-crossing projects on VPA-FLEGT.

III.TIME

The VPA/FLEGT implementation plan shall be prepared from October 19, 2018 to December 31, 2020 with the aim of granting FLEGT license for export of shipments of Vietnam timber products to EU by 2021. Time for performing main tasks included in the plan shall be provided as follows:

- The Agreement ratification process shall take place from November 2018 to March 2019.

- Legal documents and engineering instruction manuals shall be prepared from January 2019 to December 2019.

- The engineering infrastructure facilities (engineering software) for operation of VNTLAS shall be established from January 2019 to December 2020.

- The relevant parties’ capacity for implementation of the Agreement shall be enhanced from January 2019 to December 2020.

- Media programs shall be run from November 2018 to December 2020.

- Implementation, monitoring and review of the Agreement shall be conducted from November 2018 to December 2020.

- Cooperating activities and regional and international implementation of the VPA-FLEGT shall be promoted from November 2018 to December 2020.

(More details can be found in the Appendix issued thereto).

IV.IMPLEMENTATION

1. Management and implementation of the Agreement

The Agreement shall be managed and implemented as specified in such Agreement:

- Establish a Joint Implementation Committee (JIC) with functions and duties specified in Appendix IX of the Agreement.

Both Parties shall mutually agree that a Joint Preparation Committee (JPC) will be established to provide instructions on first steps of implementation during the period in which the Agreement has not yet taken effect and the JIC has not been established.  The JPC shall be co-chaired by senior officials of each Party which are, from Vietnam, Mr. Ha Cong Tuan-Permanent Deputy Minister of the Ministry of Agriculture and Rural Development (as designated in Decision No.4264/QD-BNN-TCCB dated October 24, 2017) and from EU, Mr. Bruno Angelet – Ambassador, Head of the EU delegation in Vietnam. 

- The Joint Engineering Mechatronics (JEM) shall check out all technical matters relating to design, management and assessment of VNTLAS before FLEGT licensing.  This JEM shall be leaded by the head of VNFOREST and consist of representatives of the Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, Ministry of Finance (General Department of Vietnam Customs), Vietnam Timber and Forest Product Association. 

- The standing bureau of the Steering Committee for FLEGT and Lacey has been established and operated over the last 6 years in order to give assistance in VPA/FLEGT negotiation and to the steering committee for VPE/FLEGT negotiation.  The standing bureau shall be located at the Department of Science and Technology and International Cooperation Department affiliated to VNFOREST and chaired by the head of the aforesaid Departments, and shall consist of officials holding several positions of relevant entities affiliated to VNFOREST and a number of officials under employment contracts.  The bureau shall not employ more officials from VNFOREST.  This bureau shall be reinforced and have its name changed into "Văn phòng thường trực Hệ thống đảm bảo gỗ hợp pháp” (VNTLAS Standing Bureau) for joint coordination during implementation of the Agreement.

- Enable the multi-stakeholder FLEGT implementation core group (hereinafter referred to as “the CG-FLEGT”) including representatives of associations, enterprises, forest planting family households, non-governmental organizations and research centers to carry out their activities in an efficient manner as specified in Article 15 of the Agreement to ensure such Agreement is implemented in an efficient and transparent manner.

2. Assignment

a) VNFOREST shall:

- take charge and cooperate with relevant agencies in launching the implementation plan for the Agreement

- take charge and cooperate with the Department of Legal Affairs and Department of International Cooperation in preparing and sending a proposal for Agreement ratification to the Government.

- take charge and cooperate with the Department of Legal Affairs and relevant entities in formulating legislative documents and engineering guidelines on Agreement implementation.

- give the ministerial senior officials advice about components of the JPC, JIC, the Steering Committee and Joint implementation group including representatives of the Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, Ministry of Finance, Ministry of Foreign Affairs, Ministry of Justice and Vietnam Timber and Forest Product Association.

- provide guidelines for operations of the CG-FLEGT.

- send reports on launch of the Agreement implementation plan, provide advice on and propose methods for implementing such plan to achieve the specified objectives.

- Call for ODA loans for assistance in regional and international implementation of the VPA/FLEGT with the aim of promoting the Agreement implementation.

b) Department of Legal Affairs shall:

- cooperate with VNFOREST in preparing and sending a proposal for Agreement ratification to the Government under regulations of the Law on International Agreement 2016.

- cooperate with VNFOREST in formulating legislative documents and technical guidelines on Agreement implementation.

c) Department of International Cooperation shall:

- cooperate with VNFOREST in preparing and sending a proposal for Agreement ratification to the Government under regulations of the Law on International Agreement 2016.

- appoint its representatives to join the JPC, JIC and Joint implementation group.

- take charge of calling for, assessing and approving ODA projects relating to VPA/FLEGT implementation.

d) Department of Finance shall:

- cooperate with VNFOREST in making the estimate of budget funding for implementation of the plan and ask for approval from the Ministry.

dd) Department of Personnel and Organization shall:

- send proposals of establishment of the JPC, JIC, the Steering Committee and Joint implementation group and VNTLAS Bureau to the ministries.

APPENDIX

PLAN FOR IMPLEMENTATION OF VPA/FLEGT BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM AND THE EUROPEAN UNION
(Issued together with the Plan provided in Decision No.4852/QD-BNN-TCLN dated December 10, 2018 of the Ministry of Agriculture and Rural Development)