VPA Terms

 

VPA Terms

(a) "import into the Union" means the release for free circulation into the Union within the meaning of Article 79 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code of timber products which cannot be classified as "goods of a non-commercial nature" as defined in Article 1(6) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code;

(b) "export" means the physical leaving or taking out of timber products from any part of the geographical territory of Viet Nam, except for timber products in transit through Viet Nam;

(c) "timber products in transit" means any timber products originating from a third country, which enter the territory of Viet Nam under customs control and leave it in the same form whilst retaining their country of origin;

(d) "timber products" means the products listed in Annex 1;

(e) "HS code": means a 4 or 6 digit code as set out in the nomenclature of the Harmonised Commodity Description and Coding System established by the International Convention on the Harmonised Commodity Description and Coding System of the World Customs Organisation;

(f) "FLEGT licence" means a Vietnamese legal document which confirms that a shipment of timber products intended for export to the Union has been legally produced and verified in accordance with the criteria laid down in this Agreement. A FLEGT licence may be in paper or electronic form;

(g) "licensing authority" means the authority designated by Viet Nam to issue and validate FLEGT licences;

(h) "competent authorities" means the authorities designated by the Member States of the Union to receive, accept and verify FLEGT licences;

(i) "shipment" means a quantity of timber products covered by a FLEGT licence that is sent by a consignor or a shipper from Viet Nam and is presented for release for free circulation at a customs office in the Union;

(j) "legally produced timber" (hereinafter also referred to as legal timber) means timber products harvested or imported and produced in accordance with legislation of Viet Nam as set out in Annex II and other relevant provisions of this Agreement, and in the case of imported timber, it means timber products harvested, produced and exported in accordance with relevant legislation of the country of harvest in line with the procedures described in Annex V;

(k) "release for free circulation" means a Union customs procedure which confers the customs status of Union goods on goods which are not from the Union (with reference to Regulation (EEC) No 2913/92), entailing the collection of any import duties due; the collection, as appropriate, of other charges; the application of commercial policy measures and prohibitions and restrictions; and the completion of other formalities laid down in respect of the importation of goods;

(l) "verification of verifiers" means the process of checking the legality and validity and conformity of verifiers based on documentary and/or physical checks by the verification entities according to regulations as set out in the Legality Definition in Annex II.

In the context of the VPA, the following terminologies are understood as follows:


Principle: Principles are the areas of Vietnamese law and legislation that Organisations and Households have to comply with at each stage of supply chains as indicated in Annex II and Annex V.

Criterion: A Criterion is a legal requirement for Organisations and Households to implement in order to assure compliance with a Principle.

Indicator: An Indicator is a specific measure, or measures, that Organisations and Households have to comply with to fulfill the Criterion.

Verifier: A Verifier is an evidence to prove the fulfillment of an Indicator and Criterion.

Forest owner (forest title holder): Forest owner refers to Organisations or Households that are assigned or leased forest land or forest by the Government for forestry-related production or business in accordance with the Law on Forest Protection and Development.

Harvesting design statement: The harvesting design statement is a document describing the basic situation of the harvesting area; harvesting techniques; harvesting and salvage volume, categories and detailed tables on forest harvesting technical standards.

Design unit: A design unit is an entity authorized by a competent agency with the mandate to design forest harvesting operations.

Main harvesting: Main harvesting of timber of natural forests refers to the logging of timber which is for economic purposes while ensuring the stable development and use of forest determined in the scheme for sustainable forest management according to the current regulations of State. Main harvesting in natural forests is not applied to Households.

Tree marking list: The tree marking list is a document recording the name, size of the trees that can be felled in the harvesting design area.

Report on location and volume of harvested timber products: The report on harvested timber products lists information on the harvested area and the harvested volume according to different categories of domestic timber source including natural forest, planted forest, rubber wood and scattered trees.

Forest product packing list (“Packing list”): The forest product packing list is a mandatory document in the Timber Product Dossier at each stage of the timber supply chain. The packing list is the list of forest products for one check- and-approval, trade, export, import or forest products transported by one vehicle. The packing list for forest products in circulation includes information on the name and type of timber products, unit, form of forest products, quantity and volume, at the end of page of the timber product packing list indicating the total quantity.

List of anticipated timber to be harvested: The list of anticipated timber to be harvested includes information on the location, species and quantity (volume and diameter) of products to be harvested.

Entry and exit books: Entry and exit books are used to record forest products entered and exited of the harvesting, processing and trading Organisations.

Unprocessed timber products: Unprocessed timber products are those not impacted by tools, equipment of all kinds after being harvested, imported, and handled if confiscated and still in the original shape and parameter.

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 for projects involving 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 forest.

Legal timber product dossier (“timber product dossier”): The legal timber product dossier is a set of records related to timber products which are prepared, stored in the timber product producing and trading Organisations and Households and circulated together with timber products in the process of harvesting, trading, transporting, processing and storing.

Production forest: Production forests are forests used mainly for production and sale of timber and non-timber forest products in combination with environmental protection.

Protection forest: Protection forests are forests used mainly for protection of water sources and soil, prevention of erosion and desertification, restriction of natural disasters, climate regulation and environmental protection.

Special-use forest: (m) Special-use forests are forests used mainly for nature conservation, preservation of standard specimens of the national ecosystems and forest biological gene sources; scientific research; protection of historical and cultural relics and landscape preservation for recreation and tou.

Source: VOLUNTARY PARTNESHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND THE SOCIALIST REPUBLIC OF VIET NAM ON FOREST LAW ENFORCEMENT, GOVERNANCE AND TRADE