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Tuesday, October 22, 2024

Confiscated timber no longer classified as legal

By Nguyen Tan

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HCMC – Vietnam will no longer consider confiscated timber as legal under the new regulations set forth in Decree 120/2024, which takes effect on November 15.

The decree introduces amendments to several provisions in Decree 102/2020, which regulates the country’s legal timber assurance system. Under these new rules, confiscated timber, previously classified as legal, has been removed from the definition of legal wood.

In addition, stricter controls will be implemented on timber temporarily imported for re-export. Such shipments will no longer qualify for Forest Law Enforcement, Governance, and Trade (FLEGT) licenses, which certify legal timber for export to the European Union.

The updated regulations define legal timber as wood that adheres to Vietnam’s laws, international treaties that Vietnam is a signatory to, and the laws of the countries where the timber is harvested, transported, or exported.

FLEGT licenses, which are currently issued for specific timber shipments based on their HS codes, will no longer be applicable to re-exported timber under the revised guidelines.

The Ministry of Agriculture and Rural Development, in cooperation with the Ministry of Foreign Affairs, the Ministry of Industry and Trade, the Ministry of Finance, and other governmental bodies, will maintain an updated list of countries considered “positive geographic areas” for timber imports. This list will be revised annually and made publicly accessible on the websites of the Ministry of Agriculture and Rural Development and the Forest Protection Department.

The decree also sets detailed criteria for classifying high-risk timber species, including those listed under the Convention on International Trade in Endangered Species (CITES) and Vietnam’s protected species lists.

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