LAO PEOPLE’S DEMOCRATIC REPUBLIC
Peace Independence Democracy Unity Prosperity
Ministry of Agriculture and Forestry
No. 4266/MOAF
Vientiane capital, dated 7 October 2022
Order on Establish Plan of Explore, Sale Management, Movement and Export for Forestry Products
To: - The director of forestry department.
- The director of department of agriculture and forestry in provincial and
capital.
• Pursuant to Law on Forest (revised) No.64/NA, dated 13 June 2019.
• Pursuant to Decree of Prime minister on the Organization and Implementation of Ministry of Agriculture and Forestry No.603/PM, dated 15 October2021.
• Pursuant to the Offer Letter of Forestry Department No.5551/DOF, dated 7 September 2022.
To ensure the unity of implementation for establishing the explore plan, sale management, movement and export of forestry products to be more stringent in accordance with relevant laws and regulations.
Minister of ministry of agriculture and forestry issued the Order:
1. The permission for exploring the forestry products shall be proceeded at the forestry production area, forestry land, conversion area, management areas for use in protected forest land, conservative forest. The land of individual, family, legal entity or the organization which the government sector assigns to use the land as legal and the area of forest in village which government sector provided. Moreover, the exploring of forestry product each type shall be implemented according to the plan which is approved, area which is permitted and comply to the technical standard and ensure the sustainability.
2. Assigned to department of agriculture and forestry in provincial and Vientiane capital shall be a key person to coordinate with department of health in provincial, capital and relevant agencies to monitor, check the exploring plan and forestry product collection which are allowed yearly in term of evaluating the circumstance of the actual exploration and collection, then report to ministry of agriculture and forestry.
3. Assigned to department of agriculture and forestry in provincial and Vientiane capital shall be a key person to coordinate with relevant agencies to establish the plan of exploration of forestry products as below:
3.1. The plan of forestry product exploration shall be established according to the results of plant data collection and the quantity of forestry products which are at the permission area as prescribed on Point 1 of this Order. Then, consolidate the information to the yearly exploring plan of province, Vientiane capital. Moreover, if the area is not explored and the area where will be proceeded to apply for the permit to explore and collect the forest products which are not complied to Point 1 and 3.3 of this Order, this shall not be included to the plan for applying the yearly exploration and collection quota.
3.2. To apply for exploration and collection quota of forestry products shall be implemented yearly which cannot use the quota from the previous year to implement and include to the plan for next year.
3.3. The survey of forestry products for applying to the yearly exploration and collection shall be implemented according to Article 25 of Law on forest (revised) and the exploration of forestry products each time by agriculture and forestry sector in provincial and district shall be involved by health sector in provincial and district.
3.4. Forestry products which are on the list I, the agriculture and forestry department in provincial and Vientiane capital shall coordinate with department of health in provincial in order to check the related information, resources of exploration. Separate the forestry products which are medicine and two sectors are agree, then report to department of forest in order to present to the level of ministry of agriculture and forestry which is not later than 30 September each year.
3.5. Forestry products which are on the list II, the agriculture and forestry department in provincial and Vientiane capital shall coordinate with department of health in provincial in order to check the related information, resources of exploration. Separate the forestry products which are medicine and two sectors are agree, then report to the governor of province, Vientiane capital to consider the forestry product quota of exploration and collection permission yearly as prescribed on Point 2 Article 27 of Law on Forest (revised). In order to issue the notification of the approval plan for exploration and collection of forestry product yearly which is not later than December each year, and this shall be agreed by the governor organization of province or Vientiane capital and agriculture and forestry department in provincial.
3.6. Forestry products which are on the list III do not need to be obtained the permission for exploration. This means individual can collect in seasonal period, but need to ensure the sustainability in accordance with Point 3 Article 27 of Law on forest (revised).
3.7. Forestry products which are the cultivated medicine and have been registered, can be collected without applying for the permission of technical procedures.
The department of forestry shall consolidate the request quota of exploration and collection of forestry products from the agriculture and forestry department each province before request to the ministry of agriculture and forestry. Organizing the meeting with relevant departments of ministry of agriculture and forestry and ministry of health in term of classifying the types of forestry products which are medicine, seasonal and other types such timber, rattan etc which are on the list of forestry products. After the consultation meeting, the ministry of agriculture and forestry shall send the letter to ministry of health in order to obtain the official feedback before reporting to the government for approving the yearly quota of exploration and collection of forestry products not later than December each year.
After receiving the approval yearly quota for exploration and collection, the agriculture and forestry department in provincial or Vientiane capital shall set the priority of exploring and collecting forestry products to company/factory which is located or operated the production in province. Beside this, reporting to the governor organization of province/Vientiane capital to appoint the committee in order to manage, monitor and check to ensure and avoid the exploration out of the permission area.
The agriculture and forestry department in provincial or Vientiane capital shall coordinate with relevant agencies to manage the sale, movement and export of forestry products as below:
6.1. Company/factory which is allowed to explore and collect the forestry products yearly shall sell or buy general forestry products or sell to processing factory which is passed the standard in the country.
6.2. The movement of forestry products which are on the list I and II shall apply for the permit at the agriculture and forestry department in provincial or Vientiane capital. Forestry products which are on list III shall be applied the permit at the office of agriculture and forestry in district.
6.3. The movement of forestry products which are the medicine shall be applied the permit at the health department in provincial or Vientiane capital before the movement.
6.4. The export of forestry products only allows the types which cannot be processed in domestic and the types which are not forbidden. The export shall be complied to laws, treaties and agreements which Lao PDR is a party.
7. The department of forestry, department of forestry inspection, the agriculture and forestry department in provincial or Vientiane capital shall advertise and disseminate the policies, laws, decrees, regulations which are related to the exploration, movement, sale and export the forestry product via media platforms such as newspaper, television, radio and online as appropriated.
8. The forestry inspection department shall collaborate with the agriculture and forestry department in provincial or Vientiane capital (forestry inspection unit) inspects the exploration, payments to government, process, distribution and export of forestry products to ensure the accuracy in accordance with laws and regulations as prescribed.
9. The department of forestry, department of forestry inspection and the agriculture and forestry department in provincial or Vientiane capital shall implement this Order effectively. By implementing this if have any advantages or disadvantages shall report to the ministry of agriculture and forestry in each period in order to consider the solution immediately.
10. This Order is effective since the date of signature and uploaded on official gazette 15 days.
Minister
Dr. Phet Phompiphak
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