Unofficial translation

 

 

Lao’s People Democratic Republic

Peace Independence Democracy Unity Prosperity

 

Ministry of Industry and Commerce     

Ref no.0332/MOIC

Vientiane Capital, dated 22 March 2022

 

Guideline

On the Exportation of Natural Timber Products to Overseas

 

-           Pursuant to Law on Forestry no.64/NA, dated 13 June 2019;

-           Pursuant to Decree on the Organization and Operation of Ministry of Industry and Commerce no.604/PM, dated 15 October 2021;

-           Pursuant to Order on the facilitation of import-export, temporary import, transit and movement of goods in Lao PDR no.12/PM, dated 16 October 2019;

-           Pursuant to the request letter of Department of Import and Export no.0911/DIMEX, dated 10 March 2022.

 

To promote the production of wood processing into a commodity and increase the management and monitor of timber resources to be accurate as defined by regulations. As well as to establish the conditions of facilitation and uniformity throughout the country in implementing the conditions, procedures, methods and measures for exporting natural timber products to overseas.

 

Minister of Industry and Commerce has issued an Instruction:

 

I.          Types of Natural Timber Products Which can be Exported to Overseas

Exportation of natural timber products to overseas is the export of timber products that uses the raw materials from natural forest for processing the products in according to Decision on the adoption of list of exported timber products that Ministry of Industry and Commerce has adopted and promulgated each period.

           

              Identification the type of timber is based on Decision on Identification of List of Timber I, II, III that Ministry of Agriculture and Forestry has adopted and promulgated each period.

 

II.         Criteria of Exporter of Natural Timber Products

Exporter of natural timber products shall have the following criteria as below:

1.         Being a business operator as followings:

1.1.      Operating wood manufacturing;

1.2.      Operating agriculture and forestry import-export.

2.         Fully fulfil obligations to the Government in accordance with laws;

3.         Having the timber input and output management and monitoring system.

 

III.       Exportation of Natural Timber Products

a.         Procedure to export natural timber products

Exportation of natural timber products shall be through the international checkpoints only and there are two steps as followings:

1.         Application for export license for timber products from natural forest;

2.         Document declaration at the checkpoints.

 

b.         Application for license to export natural timber products

1.         Document Preparation

An exporter who wants to export natural timber products shall prepare documents and submit to Vientiane Capital, Provincial Industry and Commerce Offices (the Import and Export unit is in charge of implementing) which is the gathering point of timber products prior to export in order to make a decision for export license each time, at least five days before exporting day to ensure the license approval is on time for the export and the document to be submitted are as followings:

1)         Completed Export License Form for Natural Timber Products (MOIC.01) as provided by Department of Import and Export;

2)         Completed form of table of list of natural timbers as provided by Department of Import and Export;

3)         Copy of a valid business operation certificate of the exporter (for the first application or if there is any changes);

4)         Copy of a valid annual tax payment certificate (for the first application or if there is any changes);

5)         Copy of timber products certificate which can be produced ar the factory issued by Industry and Handicraft sector certificate (for the first application or if there is any changes);

6)         Timber source certificate;

7)         Documents certifying all obligation payment;

8)         Document certifying a sale-purchase of timbers with foreign buyers.

 

2.         Consideration

Upon receiving the application for license to export natural timber, the Vientiane Capital, Provincial Industry and Commerce Offices shall check the accuracy and completeness of documents and notify the applicant immediately or no later than thirty minutes. In the case that document is not correct or incompleted, the document examiner shall notify the points to be corrected and to sign the document receipt.

In the case that documents are correct and completed, the Vientiane Capital, Provincial Industry and Commerce Offices shall cooperate with the Vientiane Capital, Provincial Agriculture and Forestry Offices, and the Vientiane Capital, Provincial Financial Offices where there shall be one official assigned from each sector in order to together inspect the natural timber products that will be exported within three working days from the date receiving the completed and correct documents.

 

3.         Inspection of natural timber products that will be exported

 

Inspection of natural timber products that will be exported shall proceed as followings:

1)         Inspection visit shall base on the responsibility of each sector as followings:

1.1       Vientiane Capital, Provincial Industry and Commerce Offices are to inspect, certify forms, size, and type of natural timber products that will be exported according to the certificate of wood processing from the factory;

1.2       Vientiane Capital, Provincial Agriculture and Forestry Offices are to inspect the source of timber, type, kind, quantity, weight or volume, comparing the input and output of timbers;

1.3       Vientiane Capital, Provincial Financial Offices are to inspect the payment of taxes in accordance with the regulation of financial sector and to seal the timber products.

2)         All the inspectors shall sign the inspection record every time and shall certify the accuracy of timber products from natural forest that will be actually exported with the information provided by the exporter;

3)         In the case that after inspection and found that the timber products that the exporter wants to export is not correct according to criteria or information notified by the applicant, the inspectors shall make a record with the applicant indicating the reasons and to proceed with measures according the specified regulation;

4)         Natural Timber products that will be exported shall have its package and attach basic important information as followings:

-           Product serial number;

-           Product category;

-           Type of timber;

-           Size;

-           Weight or volume.

 

            Example: Packaging and symbols for timber products that will be exported

 

4.         Issuance of Export License for Natural Timber Products

Upon inspection visit and found that timber products from natural forest that will be exported are correct and consistent with information that the exporter has requested, the Vientiane Capital, Provincial Industry and Commerce Offices shall issue export license for natural timber products within two working days from the inspection day.

Export license for natural timber products shall be made for five copies for sending to each sector as followings:

1)         Original copy to be attached with the natural timber products that will be exported;

2)         One copy for exporter;

3)         One copy for Vientiane Capital, Provincial Industry and Commerce Offices;

4)         One copy for Vientiane Capital, Provincial Agriculture and Forestry Offices;

5)         One copy for Vientiane Capital, Provincial Financial Offices.

 

5.         Application for Certificate of Origin (CO)

Exporters who want to apply for the certificate of origin (CO) can use the export license for natural timber products as supporting documents for the issuance of certificate of origin according to the certification origin regulations that Ministry of Industry and Commerce has promulgated each period.

 

IV.        Document Declaration at Checkpoint for Exporting Natural Timber Products

Exportation of natural timber products shall be through the international checkpoints only. Upon receiving the export license for timber products from natural forest, exporters can declare documents to the authority at the checkpoint that will export the timber products and to submit the followings documents:

1.         1 Original copy of Export License for Natural Timber Products f (MOIC.01);

2.         1 Original copy of List of natural timber products that will be exported;

3.         Supporting documents as specified in the Law on Customs. 

 

V.         Fees, Service fee, and Duty-Tax Obligation

Collection of fees and service fee associate with export of natural timber products shall be according to Ordinance on fees and service fees that is promulgated each period.

Implementation of duty-tax obligation on the exportation of timber products from natural forest shall be done as specified in the Law on Customs, Law on Value-Added Tax and other laws that is promulgated each period.

 

VI.       Rights and Duties of Government Authorities

            To implement the work on exportation of natural timber products, related government authorities have rights and duties as the following:

1.         Inspect, evaluate, verify the compliance in managing the source and authenticity of timber;

2.         Inspect and issue the export license for natural timber products;

3.         Organize consultation meetings with public and business sectors on the work on exportation of timber products from natural forest;

4.         Disseminate, advise, and facilitate on each procedure on the exportation of natural timber products on the basis of accuracy and compliance with laws and legislation set out each period;

5.         Maintain and provide information on exportation for each sector according to its roles;

6.         Commence the inspection when there is a suspection or reliable information source that there will be a smuggling, movement of timber with incorrect source mixing with natural timber products that is being licensed for exporting or found that the natura timber products that will be exported may not correct and comply with the export license for natural timber products;

7.         In the case of violations, the related authorities can detain goods (natural timber products), transport vehicles and person who has been suspected in order to carry out preliminary investigation before sending the information to the forestry inspection officers to carry out a detailed investigation according to their roles;

8.         Use other rights and implement other duties as assigned by the high management and as specified in the laws and regulation.

 

VII.      Rights and Obligation of Exporters

Exporter has the following rights and obligations:

1.         Apply for the export license of the natural timber products at the Vientiane Capital, Provincial Industry and Commerce Office that is the gathering point of wood prior to export;

2.         Report on the performance of government authorities that is inconsistent or violate laws and regulation or in case where export is not being facilitated;

3.         Provide documents and information that is factually accurate when applying for export license of natural timber products;

4.         Keep copy of documents that is related to exportation of natural timber products such as the export license of the natural timber products, customs declaration for export, document certifying source of natural timber products, and sale-purchase contract at least for five years;

5.         Gather information on exportation of natural timber products according to the form and methods specified in the regulation on the input and output timber management and monitoring;

6.         Report on the information on exportation of natural timber products to the Vientiane Capital, Provincial Industry and Commerce offices that issue the export license base on the provided form and deadline specified in the regulation on the management and monitoring the input and output timbers;

7.         Notify the Vientiane Capital, Provincial Industry and Commerce Offices to eliminate export license for the natural timber products that have been issued in the case that the license of the natural timber products have not been exported;

8.         Responsible directly for all offenses or violations of laws and regulations of their own that occur upon obtaining the export license for the natural timber products;

9.         Use the rights and implement other obligations as specified in the laws and regulation.

 

 

VIII.     Measure toward Violators

1.         Measures toward Government Officials

If the government authorities who are responsible for inspection and certification the export of timber products from natural forest has the behavior to delay or retard the documents with insufficient reasons in order to claim benefits from the export applicant that is not consistent with principle or conspire with the exportation applicant to falsify the documents, hiding the actual information of export, disciplines and measures shall be taken according to related laws and regulations.

 

2.         Measures toward Exporters

 

If the exporters have behavior such as falsifying certificates, misrepresenting or providing false information based on the facts, smuggling, moving timber that do not have a valid source, mixed with natural timber products authorized to export or found that the natural timber products to be exported may not be in accordance with the license to export natural timber products, measures will be taken according to the law and related regulations.

 

           

IX.       Implementation

The Department of Import and Export is assigned to be a main sector in order to cooperate with Vientiane Capital, Provincial Industry and Commerce Offices, Capital, District Industry and Commerce Offices and related sectors to disseminate and implement this Instruction for good outcome.

 

X.        Effectiveness

            This Instruction shall come into effect upon signing and publish in the Lao Official Gazette  for 15 days.

            This Instruction replaces the Order on Certiifcation Procedure of Plantation Timber Prodcuts for Export no.2143/MOIC.DIMEX, dated 25 November 2016.

                                                                                                             

 

Minister

Dr. Khampheng Xaisompheng