DECISION

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:

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Article 2. This Decision comes into force from the day on which it is signed.

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./.

PP. 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

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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 7^th to 9^th, 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.

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- 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, 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.

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- 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.

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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.

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- 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. 

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- 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.

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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.

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- 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)

No.

Duty

Presiding authority

Coordinating authority

Time

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2018

2019

2020

December

Quarter 1

Quarter 2

Quarter 3

Quarter 4

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Quarter 2

Quarter 3

Quarter 4

1

Ratification of the Agreement

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Finishing the proposal for Agreement ratification

VNFOREST

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Sending the proposal to the Government

 VNFOREST

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Government’s Resolution

Welcoming and working with the European Parliament vice-president’s delegation that comes to Vietnam for a field study on VPA/FLEGT implementation in Vietnam from January 7^th to ^9th, 2019

Department of International Cooperation

 VNFOREST

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 VNFOREST  

Department of International Cooperation

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2

Preparation of legal documents and guiding documents

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Formulating Decrees on VNTLAS

 VNFOREST

Department of Legal Affairs, Compiling committee and editing group

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The Decree’s contents shall be reviewed by the EU.

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 VNFOREST

Timber associations and CG-FLEGT

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Formulating national guidelines on Korean and Australian legal timber

 VNFOREST

Australian Ambassador and Korean Administration of Forest, General Department of Vietnam Customs

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3

Development of databases for operation of  VNTLAS

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Timber associations

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Establishing a FLEGT license database and putting it in trial use.

 VNFOREST

General Department of Vietnam Customs

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4

Enhancement of capacity for Agreement implementation of relevant parties

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 VNFOREST

Timber associations and CG-FLEGT

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Providing training and practice courses for various-level forestry agencies.

 VNFOREST

Management schools

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Providing training courses for the FLEGT licensing authority and customs authorities

 VNFOREST

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Providing training courses for associations and enterprises plating forests, processing timber and exporting enterprises.

 VNFOREST

 Associations and CG-FLEGT

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Providing training courses for family households planting forests and trade villages

 VNFOREST

 Associations and CG-FLEGT

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Preparing a VPA media plan for the target groups

 VNFOREST

 Associations and CG-FLEGT

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Compiling and publishing media publications.

 VNFOREST

Associations Timber associations and CG-FLEGT

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 VNFOREST

CG-FLEGT

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Posting information on VPA implementation on the website of VNFOREST

 VNFOREST

CG-FLEGT

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Holding forums and seminars on VPA/FLEGT.

 VNFOREST

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Publishing information as prescribed in Appendix VIII of the Agreement.

 VNFOREST

Relevant ministries and associations

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6

Implementation, monitoring and review of the Agreement

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Establishing a Joint Steering Committee for implementation of the Agreement and JPC during the period in which the Agreement has not yet been ratified and the JIC has not been established after the effective date of the Agreement   Holding periodic meetings of the Steering Committee, JPC and JIC

Department of Personnel and Organization

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Establishing the JEM for implementation of the Agreement Holding JEM meetings

Department of Personnel and Organization

 VNFOREST and relevant ministries

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Establishing a VNTLAS Bureau based upon the existing standing bureau of the FLEGT steering committee

Department of Personnel and Organization

Department of Personnel and Organization

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 VNFOREST

CG-FLEGT

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Setting up and sending the framework for general monitoring and assessment of the Agreement implementation to the JIC for approval purpose

 VNFOREST

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Implementing the approved framework for general monitoring and assessment

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Carrying out periodic assessment of VNTLAS as specified in the VI Appendix of the Agreement

VNFOREST

JEM

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The assessment shall be conducted once before grant of FLEGT license

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

 VNFOREST

JEM

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 VNFOREST

JEM

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The first review and amendment to Appendix II and V shall be carried out after the Decree is issued.

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Carrying out review of and amendment to Appendix II and V as specified in the Agreement

 VNFOREST

CG-FLEGT

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Independent assessment reports shall be sent to the JIC.

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Conducting independent assessment of VPA’s influence on economy, society and environment after grant of FLEGT license

 VNFOREST

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7

Cooperation in and promotion of regional and international implementation of VPA-FLEGT

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

 VNFOREST

Department of Legal Affairs and Department of International Cooperation

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The 4 currently signed MOU and 2 previous MOU shall undergo annual assessment.

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Setting up and implementing regional and border-crossing projects on VPA-FLEGT.

 VNFOREST

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