74ffd6341a2b626cd3dd17027f42f661
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 1
DIRECTOR GENERAL REGULATION OF
SUSTAINABILE PRODUCTION FOREST MANAGEMENT
NO:P.14/PHPL/SET/4/2016
CONCERNING
STANDARDS AND GUIDELINES FOR THE ASSESSMENT PERFORMANCE
OF SUSTAINABLE PRODUCTION FOREST MANAGEMENT (PHPL) AND
VERIFICATION OF TIMBER LEGALITY (VLK)
WITH THE BLESSING OF ONE ALMIGHTY GOD
THE DIRECTOR GENERAL OF SUSTAINABILE PRODUCTION FOREST
MANAGEMENT
Considering :
a. that in order to implement the provisions of the
Ministry of Environment and Forestry regulation No.
P.30/Menlhk/Setjen/PHPL.3/3/2016
on
the
Assessment Performance of Sustainable Production
Forest Management and Verification of Timber Legality
for License Holders or in Private Forests;
b. that in connection with the letter a above, it is
necessary to stipulate the Director General Regulation
of the Standards and Guidelines for the Assessment
Performance of Sustainable Forest Management (PHPL)
and Timber Legality Verification (VLK) .;
In View of :
1.
Law No. 41 Year 1999 on Forestry (State Gazette of
Republic of Indonesia Year 1999 No. 167, Supplement
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 2
to State Gazette of Republic of Indonesia No. 3888) as
already amended by Law No. 19 Year 2004 on
Stipulation of Government Regulation in Lieu Of Law
No. 41 Year 1999 on Forestry into a Law (State Gazette
of
Republic
of
Indonesia
Year
2004
No.
86,
Supplement to the State Gazette of Republic of
Indonesia No. 4412);
2.
Law Number 18 Year 2013 on Preventing and
Combating Deforestation (Supplement to the State
Gazette of the Republic of Indonesia Number 5432);
3.
Law
No.
20
of
2014
on
Standardization
and
Conformity Assessment (Supplement to the State
Gazette of the Republic of Indonesia Number 5584);
4.
Government
Regulation
Number
6
Year
2007
regarding Forest Management and Forest Management
Planning and Forest Utilization (State Gazette of the
Republic
of
Indonesia
Year
2007
Number
22,
Supplement to the State Gazette of the Republic of
Indonesia Number 4696) as amended by Government
Regulation No. 3 of 2008 (State Gazette Indonesia Year
2008 Number 16, Supplement to the State Gazette of
the Republic of Indonesia Number 4814);
5.
Presidential Regulation No. 24 Year 2010 concerning
Position, Duties and Functions of State Ministries and
Organization Structure, Duties and Functions of
Echelon I of State Ministries as already amended by
Presidential Decree No. 135 of 2014;
6.
Presidential Decree No. 165 of 2014 on Duties and
Functions Arrangement of the Working Cabinet;
7.
Regulation
Forestry
of
No.
the
Ministry
of
P.18/MenLHK-II/
Environment
2015
on
and
the
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 3
Organization and Administration of the Ministry of
Environment and Forestry (Official Gazette of the
Republic of Indonesia Year 2012 Number 779);
8.
Ministry of Environment and Forestry Regulation No.
P.30/Menlhk/Sekjen//PHPL.3/3/2016
on
the
Performance
Assessment
of
the
Sustainable
Production Forest Management and Verification of
Timber Legality for License Holders or Private Forests
(Official Gazette of the Republic of Indonesia Year
2016 No. 368 );
DECIDED
TO STIPULATE
:
THE DIRECTOR GENERAL REGULATION ON THE
SUSTAINABLE PRODUCTION FOREST MANAGEMENT
CONCERNING STANDARDS AND GUIDELINES ON
THE PERFORMANCE ASSESSMENT OF SUSTAINABLE
PRODUCTION FOREST MANAGEMENT (PHPL) AND
VERIFICATION OF TIMBER LEGALITY (VLK).
Article 1
Definitions of terms in this regulation:
1. Auditee is the license holder or holders of the management rights or
private forest owner or IRT / Craftmen whose performance is assessed
and / or verified by LPPHPL or LVLK.
2. Import Declaration is a written statement from the importer stating
the forestry products to be imported is in accordance with the results
of the implementation of the due diligence undertaken by the
importer.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 4
Article 2
(1)
(2)
PHPL Performance Assesment Standards on:
a.
Holders of IUPHHK-HA as listed in Annex 1.1;
b.
Holders of IUPHHK-HT as listed in Annex 1.2;
c.
Holders of IUPHHK-RE as listed in Annex 1.3; and
d.
Management right holders as listed in Annex 1.4.
VLK Standards on:
a.
IUPHHK-HA, IUPHHK-HT, IUPHHK-RE, and Management right
holders as listed in Annex 2.1;
b.
State forests that are managed by the Community (IUPHHKHTR, IUPHHK- HKm, IUPHHK-HD, IUPHHK- HTHR) as listed in
Annex 2.2;
c.
Forests Rights, including leasehold, the Right to Use, Land of
Crooked, Titisara, forest that belongs to the village, Traditional
Forest, and Graves as listed in Annex 2.3;
d.
Holders of IPK, including IPPKH as listed in Annex 2.4;
e.
Holders of IUIPHHK with a production capacity of more than
6,000 (six thousand) cubic meters per year and IUI with an
investment of more than Rp500,000,000, - (five hundred million
rupiah) as listed in Annex 2.5;
f.
Holders of IUIPHHK with production capacity of up to 6,000 (six
thousand) cubic meters per year and IUI with an investment of
up to Rp500,000,000, - (five hundred million rupiah) as listed in
Annex 2.6;
g.
TDI holders as listed in Annex 2.7;
h.
IRT / Craftsmen as listed in Annex 2.8;
i.
TPT as listed in Annex 2.9; and
j.
Exporters of non-manufacturers, as listed in Annex 2.10
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 5
(3)
Guidelines
for
the
implementation
of
the
PHPL
Performance
Assessment as listed in Appendix 3.1.
(4)
VLK implementation guidelines on:
a.
IUPHHK-HA, IUPHHK-HT, IUPHHK-RE, Management Rights,
IPK including IPPKH or State Forest managed by the community
as listed in Annex 3.2;
b.
Private Forest Owners, including leasehold, Right to Use, Land
of Crooked, Titisara, Forest that belongs to the village,
Traditional Forest, and Graves as listed in Annex 3.3;
(5)
c.
Holders of IUIPHHK and IUI as listed in Annex 3.4;
d.
TDI holders as listed in Annex 3.5;
e.
IRT / Craftsmen as listed in Annex 3.6;
f.
TPT as listed in Annex 3.7;
g.
Exporters of non-manufacturers as listed in Appendix 3.8
Guidelines for the Implementation of DKP Forest Rights, TPT, IRT /
Craftsmen, and forestry products that are imported from outside the
country of Indonesia as stated in Annex 3.9
(6)
Guidelines for Testing DKP as listed in Annex 3:10.
(7)
Guidelines of VLBB implementation as listed in Annex 3.11.
(8)
Personnel Criteria and Requirement Guidelines and Auditor for the
Performance
Assessment
of
Sustainable
Production
Forest
Management and Timber Legality Verification as listed in Appendix
3:12.
(9)
Preparation Guidelines for the Implementation Report:
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 6
a. PHPL Performance Assessment as listed in Annex 3:13, and
b. VLK as listed in Annex 3:14
(10)
Procedures
and
Guidelines
for
the
Independent
Performance
Assesment Monitoring of PHPL, VLK, due diligence result, VLBB and
DKP Publishing as listed in Annex 4.
(11)
Submission guidelines and Settlement of Complaints and Appeals in
the implementation of PHPL Performance Assessment and VLK as well
as DKP Publishing as listed in Annex 5.
(12)
Guidelines for the Use of V-Legal mark as listed in Annex 6.
(13)
Publishing Guidelines of V-Legal documents as listed in Annex 7.
Article 3
(1)
Holders of IUIPHHK, IUI, TDI, TPT, IRT / craftsmen, and nonmanufacturer exporters are mandatory to use raw material that has SPHPL or S-LK or DKP.
(2)
Holders of IUIPHHK, IUI, TDI, TPT, IRT / craftsmen, and nonmanufacturer exporters who receive logs and / or wood that comes with
DKP, is to check the validity of the DKP to the suppliers and the origin
of the wood supplied, to ensure the legality of the timber received.
(3)
The inspection referred to in paragraph (2), is to ensure the conformity
between the DKP form with suppliers accuracy, the origin of wood, type
of wood, and the volume supplied.
(4)
The checking results as referred to in paragraph (2) and paragraph (3),
is made in the form of checking result reports.
(5)
Recipients of wood and / or wood products that comes with DKP is
obliged to submit monthly reports of wood and / or wood products
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 7
receipt to the Head of Service in charge of forestry in the province, with
copies to the Head of the Forest Production Management (BPHP).
(6)
In order to maintain the credibility of the DKP at any time a random
inspection might be done by the government or by a third party such as
LVLK appointed by the government at the expense of the government or
other parties which are not binding.
(7)
In terms of publishing DKP any suspected discrepancy and/or
incorrectness in of one of the declarations is found, a special inspection
shall be carried out by the government or by a third party such as LVLK
appointed by the government at the expense of the government or other
parties which are not binding.
Article 4
(1)
PHPL preformance assessment and VLK by LP & VI towards the license
holder, management rights, IRT / craftsmen or private forest owner
financed by the Ministry according to the cost standard.
(2)
In terms of Minstry cost limitations for assessment and / or
verification,
license
holders
can
take
the
initiative
to
apply
independently to LP & VI.
(3)
For the implementation of the assessment and / or verification
financed independently, standard fees set by the Ministry may be
referred.
Article 5
(1)
Private forest owners, concessionaires, holders of IUIPHHK with
production capacity of up to 6000 cubic meters per year, IUI, TDI, and
IRT / Craftsmen may implement multi-site certifications.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 8
(2)
Holders of IUIPHHK with production capacity of up to 6000 cubic
meters per year, IUI, TDI, and IRT / Craftsmen referred to in
paragraph
(1)
is
those
who
entirely
use
wood
from:
a. concessionaires who has had S-LK and / or
b. owner of private forest wood that has had S-LK or DKP.
(3)
Implementation of multisite certifications for private forest owners and
license holders as referred to in paragraph (1) and (2) can be
implemented in terms of:
a. Management process for each location / site is the same;
b. There is a controlled management system as outlined in the
agreement
document
or
AD
/
ART
or
group
certificate
of
incorporation; and
c. Auditee is able to provide management information and document
changes.
(4)
Implementation of multisite certifications for the management rights
referred to in paragraph (1) can be implemented in terms of:
a. Management process for each location / site is the same and is
operated with the same methods and procedures;
b. Management system is centrally controlled and administered; and
c. Auditee is able to provide management
information review,
document changes, internal audit plans as well as the evaluation
results.
(5)
Implementation of multisite certifications is conducted by sampling.
(6)
In the event any discrepancy is found in the multisite certified member
referred to in paragraph (1), the multisite certificate becomes invalid.
Article 6
(1)
Private forest owner and permit holder may apply the group
certification.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 9
(2)
Private Forest Owners, including leasehold, Right to Use, Land of
Crooked, Titisara, Forest that belongs to the village, Traditional Forest,
and Graves may apply for a certification as a group in one district /
city.
(3)
Holders of IUPHHK-HKm, IUPHHK-HTR, IUPHHK-HD, IUIPHHK with
production capacity of up to 6,000 (six thousand) cubic meters per
year, IUI with investment capital of less than Rp 500.000.000, - (five
hundred million rupiah) excluding land and building, TDI, IRT /
Craftsmen, and TPT may apply for certification as a group.
(4)
In the case of group certification of forest rights referred to paragraph
(2) which grows naturally is able to use funding from the Government
with the minimum number of group members of 10 owners.
(5)
In the case of group certification referred to in paragraph (3) using
funding from the Government on the basis of a proposal from the
Provincial Office.
(6)
Private Forest Owners and holders of IUPHHK- HKm, IUPHHK-HTR,
IUPHHK-HD belonging to a group and has had S-LK, the cost of
inspection can be proposed to the Ministry as long as no production is
made yet.
(7)
Implementation of the group certification is conducted by census.
(8)
In the event that there is a discrepancy in one of the certification group
members referred to in paragraph (1), then the said group member is
removed from the group and the group certificate remains valid.
Article 7
(1)
In the case holders of IUIPHHK, IUI, TDI, TPT, IRT / Craftsmen and
non-manufacturers exporter are using raw materials from the
industry suppliers or TPT that do not have S-LK or DKP, then VLBB
shall be done by LVLK on the cost of the auditee.
(2)
The license holder who has obtained S-LK, VLBB can not be applied.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 10
(3)
Industry suppliers referred to in paragraph (1) is holders of IUIPHHK
with production capacity of up to 6,000 (six thousand) cubic meters
per year, TDI, and IUI with investments under Rp500,000,000, - (five
hundred million rupiah)
(4)
The VLBB referred to in paragraph (1) shall be conducted at the time
of verification, surveillance and re-certification.
(5)
LVLK in doing VLBB as referred to in paragraph (1) shall ensure that
the raw materials obtained from the suppliers is derived from a source
that has had S-PHPL, S-LK or DKP.
(6)
Application deadline of VLBB implementation as referred to in
paragraph (1) is December 31, 2017, provided the volume of raw
materials used for VLBB mechanism up to December 31, 2016 is as
much 50%.
(7)
Especially for IUIPHHK with production capacity of up to 6,000 (six
thousand) cubic meters per year, VLBB may only be applied until
December 31.
Article 8
(1)
Raw materials derived from wood auction shall be separated and
equipped with document Auction Transport Certificate (SAL) or
auction forest products transport document, with the Minutes of
Auction attached.
(2)
In the case auditees in the production process uses raw materials
derived from wood auction referred to in paragraph (1), then the
production made of timber auction shall be separated.
(3)
Auditees are not allowed to use the V-legal mark and not be allowed to
apply for V-Legal Documents for the production made from auction
wood raw materials.
(4)
LVLK is not allowed to publish V-Legal documents toward the
production made from auction wood raw materials.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 11
(5)
In case the auditee receives wood from auction after the issuance of SLK, the auditee shall immediately report to LVLK to do a special audit.
Article 9
In case there is an indication or a third-party reports that the LP & VI
performs actions that are not in accordance with the provisions of the
legislation, the Director-General on behalf of the Minister may revoke the
appointment of LP & VI after proving the infringement.
Article 10
(1)
To proof the violation referred to in Article 9, the Director General may
form a Follow-Up Team.
(2)
The follow-up team referred to in paragraph (1) is composed of
representatives
from
the
Government
and
/
or
Independent
Monitoring.
(3)
Implementation follow-up team costs as referred to in paragraph (1)
and (2) shall be charged to the government budget and / or other
parties which are not binding in accordance with the provisions of the
legislation.
Article 11
(1)
Results proving infringement referred to in Article 10 shall be
submitted to the Director-General for consideration in the proposed
revocation of the appointed LP & VI by the Director General on behalf
of the Minister.
(2)
In case based on the examination results by the Follow-Up Team, LP
& VI is found not guilty of the offense, the Director-General is to
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 12
provide a clarification on the false report indication as referred to in
Article 10.
(3)
In case LP & VI is proven to have done any offense as referred to in
paragraph (1) then it is subject for appropriate sanctions in
accordance with the provisions of the legislation.
Article 12
(1)
LP & VI revocation by the Director General on behalf of the Minister as
referred to in Article 11, is submitted to KAN for further consideration
of accreditation.
(2)
LP & VI whose accreditation / appointment is revoked or its
accreditation is not renewed, then they are obligated to transfer the
certification and / or the V-Legal document publishing services to LP
& VI with a copy to the Director-General, in the following conditions:
a. In the case of revoked LP & VI accreditation / appointment, then
they shall inform the revocation to the auditee no later than three
(3) business days with a copy to the Director General.
b. In case LP & VI will not extend its accreditation, then they shall
inform that the accreditation will expire within 3 (three) months
prior to the expiration of accreditation to the auditee with a copy to
the Director General.
c. Any costs incurred as a result of the transfer of the certification
and / or the publishing services of V-Legal Documents shall be
charged to the LP & VI whose accreditation is revoked or will end in
accordance with the provisions of the legislation
(3)
LVLK whose accreditation / appointment is revoked or not renewed, is
obligated to transfer the publishing service of V-Legal Documents to
another LVLK with a copy to the Director-General, in the following
conditions:
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 13
a. In the event of V-Legal Document Publisher appointment is
revoked, the Director-General on behalf of the Minister will transfer
the issuance of V-Legal Documents to another V-Legal Documents
Pubhisher proposed by the auditee and determined by the Director
General on behalf of the Minister.
b. To avoid vacuum in the issuance of V-Legal Documents due to the
accreditation revocation of LVLK, the Director in charge of
processing and marketing the forest products on behalf of the
Director General may assign temporary V-Legal Documents
Publisher no later than 1 (one) working day.
Article 13
In the event of misuse and / or falsification of SPHPL / S-LK, V-Legal Signs,
V-Legal Documents and / or nonconformity declarations shall be penalized
in accordance with the provisions of the legislation.
Article 14
(1)
In the event of any reports or information that the LPPHPL or LVLK
auditor performs actions that are not in accordance with the
provisions of laws and regulations, the statement or information shall
be used as a follow-up to the authorized agency in accordance with
the provisions of the legislation.
(2)
The report referred to in paragraph (1) shall be submitted to the
Professional Certification Institute (LSP) and the LPPHPL and / or
LVLK concerned forwarded to the Director-General.
(3)
Director General conducts follow-up evaluation of the report or
information referred to in paragraph (1).
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 14
(4)
In case the LPPHPL or LVLK auditor is proven to have done any offens
referred to in paragraph (1) then they are subject to appropriate
sanctions in accordace with the laws and regulations.
Article 15
(1)
In case the auditee is given "NOT PASS", LPPHPL / LVLK shall
present the results of verification of the particular verifiers that
"DOES NOT MEET" accompanied by the facts found in the field to the
Director General in a soft copy on Compact Disc or any other
recording
media
for
the
auditees
performance
evaluation,
If
necessary, a hard copy can be requested by the Ministry.
(2)
The Director General shall inform the technical institution in the area
and / or UPT to follow up the results of the verification of the
particular verifiers that "DOES NOT MEET"
(3)
The results of the implementation follow-up as referred to in
paragraph (2) shall be reported to the Director General with a copy to
the LPPHPL / LVLK.
(4)
LPPHPL / LVLK shall publish the S-PHPL / S-LK and the assessment
resume, verification, inspection, and re-certification on the LPPHPL /
LVLK
website
and
the
website
of
the
Ministry
(http://silk.dephut.go.id) no later than 7 (seven) calendar days after
the decision.
Article 16
(1)
In the event the Government inform any indication that the auditee
that
has
got
the
S-PHPL/S-LK
no
longer
comply
with
the
requirements of PHPL and / or LK requirements according to the
prevailing standards, the Government may transmit the information
to the LPPHPL / LVLK.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 15
(2)
LPPPHPL / LVLK is required to conduct a special audit to follow up
on the information as referred to in paragraph (1).
(3)
LPPHPL / LVLK is obliged to report the result of the special audit as
referred to in paragraph (2) to the reporting Government.
Article 17
In the event of changes in the scope of certification of the auditee, recertification and / or inspection shall be conducted in accordance with the
scope of the new certification.
Article 18
With the enactment of this regulation, the Director General of Forestry
Enterprises regulation No. P.14/VIBPPHH/2014 as amended by No. P.1/VIBPPHH/2015
concerning
Standard
and
Guidelines
on
Performance
Assessment of Sustainable Forest Management (PHPL) and Verification
Wood Legality (VLK), as well as other provisions that conflict with this
regulation shall be revoked and declared invalid
Article 19
This Regulation shall come into force thirty (30) days from the date of
enactment
Stipulated in: Jakarta
On 29th April 2016
Director General
Sustainable Production Forest Management
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 16
Signature
IDA BAGUS PUTERA PARTHAMA
Copies of the Regulation are submitted to:
1. Minister of Environment and Forestry;
2. Echelon I Officer within Ministry of Environment and Forestry;
3. Echelon II Officer within Directorate General for Sustainable Production
Forest Management;
4. The Head of the Provincial Agency that is
responsible in the field of
forestry in Indonesia; and
5. Head of the Forest Production Management Area I - XIV
Copy according to the original
Head of Legal and Technical Cooperation
Bambang Wiyono, SH, MH.
NIP 19610201 198303 1 005
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 1
Appendix 7.The Director General of Sustainable Forest Production Management Regulation
P.14/VI-BPPHH/2014
Number
: P.14/PHPL/SET/4/2016
Date
: 29 April 2016
Concerning
: Standard and Guideline of Performance Assessment Implementation of
29 December 2014
Sustainable Production Forest Management and Timber Legality
Verification
ISSUANCE GUIDELINE OF V-LEGAL DOCUMENT
A. SCOPE
This guideline includes reference, definition, application procedure, issuance, renewal,
replacement and cancellation as well as publication and reporting of V-Legal
documents issuance
(Producer exporter and non-producer exporter); general
requirement, form specification, submitting signature specimen and stamp, form
template and guidance on completing the form.
The
unit
which
manages
the
request,
issuance,
renewal,
replacement and cancellation as well as the publication and reporting the issuance of
V-Legal
Document
is
a
unit
that
manages
information
verification
timber legality (license information unit / LIU).
B. REFERENCES
Regulation
of
the
Ministry
P.30/Menlhk/Setjen/PHPL.3/3/2016
of
Enviornment
concerning
and
Forestry
Performance
Number
Assessment
of
Sustainable Production Forest Management and Timber Legality Verification on
Licence Holder or Private Forest (State Gazette of the Republic of Indonesia Year 2016
No. 368).
C.
PROCEDURES OF V-LEGAL DOCUMENT ISSUANCE FOR FOREST PRODUCT INDUSTRY
EXPORTER THAT HAS HAD S-LK AND ALL ITS SUPPLIERS THAT HAS HAD S-PHPL OR
S-LK OR DKP
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 2
1.
Application Verification
a. Exporters of forest industry products is to register an officer who is responsible
for submitting/signing the application for issuing V-legal document to LVLK,
which can be proofed by an approval letter or an authorisation letter by the
company’s director that is stated in notary deed.
b. Exporters of forest industry products is to submit an application of V-Legal
document issuance to LVLK the issuer of respective S-LK by completing the VLegal Document Issuance application form and attach a copy of the invoice
and/or packing list of the exported goods.
2. Verification of V-Legal Document Issuance for Producer Exporter
a. Producer exporter is to send the copies of LMK document or stock report,
document/list of product order, transportation document and S-PHPL document
or S-LK or DKP from supplier related to the exported timber and timber
products, and if necessary sample of exported product is to be verified by LVLK.
b. LMK document or stock report is sent to LVLK every month. LMK or stock report
that is sent the first time is to be recorded as the initial stock of the timber
balance and the following months report are used for adjustment of timber stock
balance after undertaking cross check with copies of the transportation
document and S-PHPL document or S-LK or DKP from supplier. In case there is
any discrepancies between the data on LMK or inventory report with the copy of
the transportation document and copies of S-PHPL or S-LK or DKP document
from the suppliers, then LVLK will request a clarification and if it is necessary to
carry our physical check by sampling.
c. The recapitulation of receiving transportation document from supplier is to be
sent to LVLK regularly to renew supply data of timber stock balance. That
recapitulation has to include information concerning timber type/species and
number of S-PHPL or S-LK or DKP from supplier.
d. If it is necessary, LVLK may request the original copy of the transportation
document and S-PHPL document or S-LK or DKP from the supplier.
e. In terms of producer exporters receives dismantle/recycle timber including
wood waste sourced not from wood auctions that is equipped with reference
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 3
letter/Memo from the Regency/City office in charge for forestry or from
village/sub-district officer is a DKP and for that processed product can be
proposed for V-Legal document issuance.
f. In terms of producer exporters receives processed timber from Private Forest
that is equipped with S-LK or DKP, for that processed product can be proposed
for V-Legal Document Issuance.
g. In undertaking V-Legal Document issuance verification, LVLK may conduct
physical check by sampling against exported product.
h. LVLK develops a timber balance stock that contains sufficient volume of supply
and consumption of raw materials by taking into account the yield factor in the
production process. Balance stock of timber is used as primary data for
verification of V-Legal Document issuance.
3. Verification of V-Legal Document Issuance for Non-producer exporter
a. Non-producer exporter sends a copy of the LMK or stock report of all its supplier
industries every month to LVLK.
b. Non-producer exporter sends a copy of the Transportation Memo/Permit of the
product purchased from its supplier industry accompanied with the copy of S-LK
or DKP from the supplier to LVLK.
c. Non-producer exporter sends the product stock report on a monthly basis.
Product stock report that was sent the first time is recorded as the initial stock
balance of product and the following months are used for adjustments of product
balance sheet after cross-checking it with the Transport Memo / travel permit of
purchased product.
d. In undertaking V-Legal Document issuance verification, LVLK may conduct
physical check by sampling against exported product.
e. LVLK develops a product stock balance which includes sufficient volume of supply
and product release. Balance stock of product is used as primary data for
verification of V-Legal Document issuance.
D. ISSUANCE OF V-LEGAL DOCUMENT
1. The mechanism of issuance of V-Legal document through SILK online
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 4
a. For forest industry product producer exporter with verification result of VLegal Document issuance stated "COMPLIANCE", LVLK shall issue V-Legal
Documents no later than three (3) days after receiving the application and the
requirements are fully met.
b. In terms verification result of V-legal document issuance is declared
"INCOMPLIANCE", LVLK does not issue V-legal document and LVLK shall
prepare an incompliance report to be submitted to the product industry
exporter and to the Director of General.
c. LVLK submits incompliance report to the Director of General through the
Information Unit of Timber Legality Verification no later than 24 (twenty four)
hours after the decision is made.
d. Product industry exporter is to submit a copy of PEB no later than 30 (thirty)
calendar days from the date of issuance of V-Legal Documents.
e. V-legal documents that its used uncertainly within 30 (thirty) calendar days
from the date of its issuance due to not sending a copy of PEB, proofed by
sending copy of PEB to LVLK, then the service for issuing the subsequent VLegal Document is postponed until the forest product industry exporter
submits the required PEB report.
f. PEB report has been submitted to LVLK is required to report Recapitulation of
PEB report no later than the 10th date of each month to the Information Unit of
Timber Legality Verification.
2. The mechanism of Issuance of V-Legal Document manually
a. In terms of Timber Legality Information System does not work due to force
majeure, LVLK may issue V-Legal Document manually.
b. Force majeure condition as mentioned on point (a) can be in the form of:
1) Natural disasters such as floods, earthquakes, landslides, other disasters
that occur naturally, and/or
2) Fires, power outages and theft of equipment, and/or
3) Damage and malfunction of facilities and infrastructure systems of Timber
Legality Information System application for more than four (4) hours.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 5
c. Force majeure such as natural disasters as referred to in letter (b) point (1)
shall be declared by the competent authority, while the fire and the damage
referred to in point (2) b and c, is declared through circulars by the Director of
Processing and Marketing of forests product and submitted to LVLK, Inatrade,
INSW and competent authority in the country of destination.
d. Issuance of V-Legal Document as referred to in point (a) is conducted by
completing the V-Legal Document intended for issuance manually (marked with
the "MANUAL" stamp in the upper right).
e. Completing the document can be done by hand writing, typewriter or by other
electronic means. V-Legal document signed by competent authority authorised
by LVLK and with LVLK stamp on it. That authorised person is the person which
the signature specimen has been submitted to LIU.
f. Manual V-Legal Document that has been issued by LVLK is submitted to LIU,
Inatrade and INSW.
g. In the circumstances of force majeure conditions has ended that is conveyed
through circulars and/or electronic notification by the competent authority,
then the issuance of V-legal documents manually is no longer valid.
h. Once SILK is back on-line then LVLK is responsible for doing entry of V-Legal
Document issued manually.
3. V-legal document shall not to be issued for production derived from auction timber.
E. V-LEGAL DOCUMENT EXTENSION
1. In the event of force majeure or other legitimate causes beyond the control of
forest product industry exporter that occur after the product has pass Indonesia
customs, LVLK can extend the validity period of the V-Legal Documents for 2 (two)
months.
2. The forest product industry exporter submits an application letter for extending Vlegal document that contain the reason for the extension by attaching page 5 of the
V-Legal Documents.
3. LVLK verifying the truth of the reasons for that extension.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 6
4. After verification, LVLK extend the validity period of the V-Legal Documents no later
than three (3) days after receiving the application and the reason of force majeure
or other legitimate causes and it is reported to LIU.
5. The extension time of V-legal document must contain the same information and
references to the extended V-Legal Document, and marked "Validated On" in box 18
and reported to LIU.
6. In terms of the verification results of the truth of the reason is unacceptable, then
LVLK will not extend the validity period of the V-Legal Documents.
F.
REPLACEMENT V-LEGAL DOCUMENT DUE TO LOST OR DAMAGED
1. In the event of damage or loss of Sheet-1 and/or sheet-2 of V-Legal Document, forest
product industry exporter or its official representative can apply for replacement of
V-legal document by preparing replacement application letter of V-Legal Documents
contain reason for replacement by attaching sheet-5 of the V-Legal Document.
2. LVLK verifying the truth of the reasons for that replacement.
3. After conducting verification and the reason of its replacement is acceptable, then
LVLK issue a replacement of V-Legal Document no later than 24 (twenty four)
hours of receiving the replacement application and report to LIU .
4. V-Legal Documents replacement must contain the same information and references
to the V-Legal Documents that are replaced, and marked "Replacement License" in
box 18 and reported to LIU.
5. By issuing the replacement of V-Legal Documents, then the lost/damaged V-Legal
documents is declared invalid.
6. In terms of the verification results of the truth of that replacement reason is
unacceptable, then LVLK will not replace V-Legal Documents.
G. CANCELLATION OF V-LEGAL DOCUMENT
1. In the event of export failure, forest product industry exporter must immediately
report to LVLK to cancel the V-legal document by stating the reasons for the
cancellation and attaching the V-Legal Documents sheet 1, 2, 3, 5 and 7.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 7
2. In the case of exported goods is lost or damaged prior reaching the destination
country, then the V-Legal Document Sheet 1, 2, 3 and 5 are returned to LVLK.
3. LVLK verify the truth of export failure.
4. In case of verification result declared of export failure, then LVLK cancel the V-Legal
Documents no later than three (3) days after receiving cancellation report and
report it to LIU and Indonesian customs authorities.
5. In case of verification result is declared no export failure, then LVLK will not cancel
the V-Legal Documents.
H. THE COST OF ISSUANCE OF V-LEGAL DOCUMENT
The cost for issuing of V-Legal Documents through verification is charged to the forest
product industry exporter.
I.
GENERAL REQUIREMENTS OF V-LEGAL DOCUMENT
1.
V-legal documents and attachments of V-Legal Document is in paper and/or in
electronic form.
2.
Completing of V-Legal Document shall be in English, all in capital letters except for
writing the scientific name of species, by filling the entire section (tamper proof) as
such it is not possible to re-do them except by LVLK and there should not be
changes include: edited or cross out .
3.
The guidance for completing V-Legal Document is attached.
4.
V-legal document is signed (may take the form of electronic signatures) by
appointed LVLK officer and affixed LVLK stamp using ordinary stamp or embossed
stamp or perforation stamp.
5.
In the case of the column for completing exported products is not sufficient in
column 9 until column 16, then V-legal documents shall be equipped with
attachment containing details and information of product which includes the
commercial description, HS Code, common and scientific names, country of
harvest, ISO code of the country of harvest, volume (m3), nett weight (kg), and
number of unit.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 8
6.
Attachment document is an integral part of the V-Legal Document with the same
specification as the V-Legal Document, signed and stamped as V-Legal Documents.
7.
V- Legal document is valid for four (4) months from the date of issuance.
8.
V- Legal documents in electronic form is sent by LVLK to Online SILK to be
forwarded to (a) INATRADE system in the Ministry of Trade, (b) Indonesia
customs authorities through the Indonesian National Single Window system
(INSW) and if necessary, to (c) the competent authority of export destinations
country.
J.
SPECIFICATION OF V-LEGAL FORM
1.
V- Legal forms and V-Legal Document attachment forms using standard A4 size
paper, it is printed using the format in accordance to attachment Q with V-Legal
Signs emboss and have a watermark.
2.
V-Legal document in paper form is made in 7 copies to be addressed as follow:
a. Sheet-1 (white) for competent authority of designated country
b. Sheet-2 (yellow) for customs of designated country
c. Sheet-3 (white) for importer
d. Sheet-4 (white) for LVLK
e. Sheet-5 (white) for exporter
f. Sheet-6 (white) for Information Unit of Timber Legality Verification
g. Sheet-7 (white), for Indonesia Customs
3.
The V-Legal Document Sheet-1 and 2 are submitted by forest product industry
exporter to the importers in destination country of the port of discharge, along
with other documents related to the shipping/export-import.
K. SUBMITTING SIGNATURE SPECIMEN AND STAMP
1.
LVLK submit a list of V-Legal Document signatory officers, signature specimen and
sample of V- Legal document issuer stamp to LIU within 7 (seven) calendar days
since stipulated as the Issuer as V-Legal documents, and submit a copy to the
Director of General of Customs of the Ministry of Finance.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 9
2.
Legality Information Unit of Timber Verification (LIU) can provide information on
the list of officers who signed the V-legal documents, along with the officer's
signature specimen and LVLK stamp to the Directorate General of Customs of
Ministry of Finance and the competent authority of the export destination country
when requested.
I.
SPECIAL TREATMENT / COORPORATION SCHEME
In terms of the agreement between Indonesia and the European Union through
the FLEGT-VPA has entered into force therefore the V-Legal Documents will prevail
as the FLEGT license for export to the country of destination in the European Union.
DIRECTOR GENERAL OF SUSTAINABLE FOREST
PRODUCTION MANAGEMENT,
Sign
IDA BAGUS PUTERA PARTHAMA
Copies of the original
Head of Legal and Technical Cooperation
Stamp & Signature
Bambang Wiyono, SH, MH.
NIP 19610201 198303 1 005
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 10
FORMAT OF V-LEGAL DOCUMENT ISSUANCE APPLICATION
Regarding : Application of V-Legal Document Issuance
To,
in ...
Herewith we would like to apply for V-Legal Document issuance for:
Company Name
: .............................................................................................................................................
TDP Number
: .............................................................................................................................................
Tax ID
: .............................................................................................................................................
S-LK Number
: .............................................................................................................................................
Name of Importer
: .............................................................................................................................................
Address of Importer
: .............................................................................................................................................
Country of designation
: - ………………………………………………….
Loading Port
: - …………………………………………………………
Discharge Port
: - ………………………………………………………….
Transportation Means
: ………………………………………………………
Total Unit
: .......................................unit
Total Volume 1)
: .......................................m3
Total Weight 1)
: .......................................kg
Total Value 2)
: ........................................USD
Invoice Number
: .............................................................................................
Invoice Date
: .............................................................................................................................................
Date of Loading Plan (Stuffing) :
..............................................................................................................................................
Location of Loading (Stuffing) :
...............................................................................................................................................
Other information 5)
: .............................................................................................................................................
Description of application 3) :
a. HS Number
: .................................................................................................................
Description of goods
: .................................................................................................................
Species 4)
: .................................................................................................................
Harvest Country 4)
: .. ............................................................................................................... -
Unit
: ............................................................unit
Volume 1)
: ............................................................m3
Weight 1)
: ............................................................kg
Value 2)
: ........................................................... USD
Details
: .................................................................................................................
b. HS Number
: .................................................................................................................
Description of goods
: .................................................................................................................
Species 4)
: .................................................................................................................
Harvest Country 4)
: …………………………………………………………………………………. -
Unit
: ............................................................. unit
Volume 1)
: ............................................................ m3
Weight 1)
: ............................................................ kg
Value 2)
: ............................................................ USD
Details
: ..................................................................................................................
c.
…………............
This application of V-Legal Document Issuance Letter is submitted with the truth information.
1.
2.
3.
4.
to be completed in accordance to attachment 7 of V-Legal document issuance
value to be filled in fob
shall be prepared in accordance to the number of exported good description
can be more than 1, use separate row as separator.
To be filled with other information that will be included in column 17 of V-Legal document as needed, such as: Invoice Number, Packing List.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 11
INCOMFORMITY REPORT FORMAT
INCONFORMITY REPORT
VERIFICATION RESULT OF V-LEGAL DOCUMENT ISSUANCE
(Inconformity Report Number)
1. LVLK Identity
a. Name of Agency
b. Number of Accreditation
c. Address
d. Phone/Fax No.
e. E-mail
f. Verification Responsibility
:
:
:
:
:
:
2. Producer exporter or non-producer exporter Identity :
a. License Holder Name
:
b. TDP Number:
c. License Capacity
:
d. Factory address
:
e. Phone/Fax No/Email
:
f. Responsibility
:
3. Inconformity Report
Based on verification result on IUIPHHK/IUI Extension/TDI on ......... there is
inconformity against forest product on invoice ........ as follows:
........................................................................................................................................................................................
........................................................................................................................................................................................
filled with reason and justification of
........................................................................................................................................................................................
inconformity occurred
............................................................................................................................................................
Responsibility :
(Name of Responsible person)
NIP
Date:
Number of inconformity report shall be filled in accordance to numbering guidance of V-Legal
document
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
DIRECTOR GENERAL REGULATION OF
SUSTAINABILE PRODUCTION FOREST MANAGEMENT
NO:P.14/PHPL/SET/4/2016
CONCERNING
STANDARDS AND GUIDELINES FOR THE ASSESSMENT PERFORMANCE
OF SUSTAINABLE PRODUCTION FOREST MANAGEMENT (PHPL) AND
VERIFICATION OF TIMBER LEGALITY (VLK)
WITH THE BLESSING OF ONE ALMIGHTY GOD
THE DIRECTOR GENERAL OF SUSTAINABILE PRODUCTION FOREST
MANAGEMENT
Considering :
a. that in order to implement the provisions of the
Ministry of Environment and Forestry regulation No.
P.30/Menlhk/Setjen/PHPL.3/3/2016
on
the
Assessment Performance of Sustainable Production
Forest Management and Verification of Timber Legality
for License Holders or in Private Forests;
b. that in connection with the letter a above, it is
necessary to stipulate the Director General Regulation
of the Standards and Guidelines for the Assessment
Performance of Sustainable Forest Management (PHPL)
and Timber Legality Verification (VLK) .;
In View of :
1.
Law No. 41 Year 1999 on Forestry (State Gazette of
Republic of Indonesia Year 1999 No. 167, Supplement
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 2
to State Gazette of Republic of Indonesia No. 3888) as
already amended by Law No. 19 Year 2004 on
Stipulation of Government Regulation in Lieu Of Law
No. 41 Year 1999 on Forestry into a Law (State Gazette
of
Republic
of
Indonesia
Year
2004
No.
86,
Supplement to the State Gazette of Republic of
Indonesia No. 4412);
2.
Law Number 18 Year 2013 on Preventing and
Combating Deforestation (Supplement to the State
Gazette of the Republic of Indonesia Number 5432);
3.
Law
No.
20
of
2014
on
Standardization
and
Conformity Assessment (Supplement to the State
Gazette of the Republic of Indonesia Number 5584);
4.
Government
Regulation
Number
6
Year
2007
regarding Forest Management and Forest Management
Planning and Forest Utilization (State Gazette of the
Republic
of
Indonesia
Year
2007
Number
22,
Supplement to the State Gazette of the Republic of
Indonesia Number 4696) as amended by Government
Regulation No. 3 of 2008 (State Gazette Indonesia Year
2008 Number 16, Supplement to the State Gazette of
the Republic of Indonesia Number 4814);
5.
Presidential Regulation No. 24 Year 2010 concerning
Position, Duties and Functions of State Ministries and
Organization Structure, Duties and Functions of
Echelon I of State Ministries as already amended by
Presidential Decree No. 135 of 2014;
6.
Presidential Decree No. 165 of 2014 on Duties and
Functions Arrangement of the Working Cabinet;
7.
Regulation
Forestry
of
No.
the
Ministry
of
P.18/MenLHK-II/
Environment
2015
on
and
the
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 3
Organization and Administration of the Ministry of
Environment and Forestry (Official Gazette of the
Republic of Indonesia Year 2012 Number 779);
8.
Ministry of Environment and Forestry Regulation No.
P.30/Menlhk/Sekjen//PHPL.3/3/2016
on
the
Performance
Assessment
of
the
Sustainable
Production Forest Management and Verification of
Timber Legality for License Holders or Private Forests
(Official Gazette of the Republic of Indonesia Year
2016 No. 368 );
DECIDED
TO STIPULATE
:
THE DIRECTOR GENERAL REGULATION ON THE
SUSTAINABLE PRODUCTION FOREST MANAGEMENT
CONCERNING STANDARDS AND GUIDELINES ON
THE PERFORMANCE ASSESSMENT OF SUSTAINABLE
PRODUCTION FOREST MANAGEMENT (PHPL) AND
VERIFICATION OF TIMBER LEGALITY (VLK).
Article 1
Definitions of terms in this regulation:
1. Auditee is the license holder or holders of the management rights or
private forest owner or IRT / Craftmen whose performance is assessed
and / or verified by LPPHPL or LVLK.
2. Import Declaration is a written statement from the importer stating
the forestry products to be imported is in accordance with the results
of the implementation of the due diligence undertaken by the
importer.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 4
Article 2
(1)
(2)
PHPL Performance Assesment Standards on:
a.
Holders of IUPHHK-HA as listed in Annex 1.1;
b.
Holders of IUPHHK-HT as listed in Annex 1.2;
c.
Holders of IUPHHK-RE as listed in Annex 1.3; and
d.
Management right holders as listed in Annex 1.4.
VLK Standards on:
a.
IUPHHK-HA, IUPHHK-HT, IUPHHK-RE, and Management right
holders as listed in Annex 2.1;
b.
State forests that are managed by the Community (IUPHHKHTR, IUPHHK- HKm, IUPHHK-HD, IUPHHK- HTHR) as listed in
Annex 2.2;
c.
Forests Rights, including leasehold, the Right to Use, Land of
Crooked, Titisara, forest that belongs to the village, Traditional
Forest, and Graves as listed in Annex 2.3;
d.
Holders of IPK, including IPPKH as listed in Annex 2.4;
e.
Holders of IUIPHHK with a production capacity of more than
6,000 (six thousand) cubic meters per year and IUI with an
investment of more than Rp500,000,000, - (five hundred million
rupiah) as listed in Annex 2.5;
f.
Holders of IUIPHHK with production capacity of up to 6,000 (six
thousand) cubic meters per year and IUI with an investment of
up to Rp500,000,000, - (five hundred million rupiah) as listed in
Annex 2.6;
g.
TDI holders as listed in Annex 2.7;
h.
IRT / Craftsmen as listed in Annex 2.8;
i.
TPT as listed in Annex 2.9; and
j.
Exporters of non-manufacturers, as listed in Annex 2.10
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 5
(3)
Guidelines
for
the
implementation
of
the
PHPL
Performance
Assessment as listed in Appendix 3.1.
(4)
VLK implementation guidelines on:
a.
IUPHHK-HA, IUPHHK-HT, IUPHHK-RE, Management Rights,
IPK including IPPKH or State Forest managed by the community
as listed in Annex 3.2;
b.
Private Forest Owners, including leasehold, Right to Use, Land
of Crooked, Titisara, Forest that belongs to the village,
Traditional Forest, and Graves as listed in Annex 3.3;
(5)
c.
Holders of IUIPHHK and IUI as listed in Annex 3.4;
d.
TDI holders as listed in Annex 3.5;
e.
IRT / Craftsmen as listed in Annex 3.6;
f.
TPT as listed in Annex 3.7;
g.
Exporters of non-manufacturers as listed in Appendix 3.8
Guidelines for the Implementation of DKP Forest Rights, TPT, IRT /
Craftsmen, and forestry products that are imported from outside the
country of Indonesia as stated in Annex 3.9
(6)
Guidelines for Testing DKP as listed in Annex 3:10.
(7)
Guidelines of VLBB implementation as listed in Annex 3.11.
(8)
Personnel Criteria and Requirement Guidelines and Auditor for the
Performance
Assessment
of
Sustainable
Production
Forest
Management and Timber Legality Verification as listed in Appendix
3:12.
(9)
Preparation Guidelines for the Implementation Report:
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 6
a. PHPL Performance Assessment as listed in Annex 3:13, and
b. VLK as listed in Annex 3:14
(10)
Procedures
and
Guidelines
for
the
Independent
Performance
Assesment Monitoring of PHPL, VLK, due diligence result, VLBB and
DKP Publishing as listed in Annex 4.
(11)
Submission guidelines and Settlement of Complaints and Appeals in
the implementation of PHPL Performance Assessment and VLK as well
as DKP Publishing as listed in Annex 5.
(12)
Guidelines for the Use of V-Legal mark as listed in Annex 6.
(13)
Publishing Guidelines of V-Legal documents as listed in Annex 7.
Article 3
(1)
Holders of IUIPHHK, IUI, TDI, TPT, IRT / craftsmen, and nonmanufacturer exporters are mandatory to use raw material that has SPHPL or S-LK or DKP.
(2)
Holders of IUIPHHK, IUI, TDI, TPT, IRT / craftsmen, and nonmanufacturer exporters who receive logs and / or wood that comes with
DKP, is to check the validity of the DKP to the suppliers and the origin
of the wood supplied, to ensure the legality of the timber received.
(3)
The inspection referred to in paragraph (2), is to ensure the conformity
between the DKP form with suppliers accuracy, the origin of wood, type
of wood, and the volume supplied.
(4)
The checking results as referred to in paragraph (2) and paragraph (3),
is made in the form of checking result reports.
(5)
Recipients of wood and / or wood products that comes with DKP is
obliged to submit monthly reports of wood and / or wood products
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 7
receipt to the Head of Service in charge of forestry in the province, with
copies to the Head of the Forest Production Management (BPHP).
(6)
In order to maintain the credibility of the DKP at any time a random
inspection might be done by the government or by a third party such as
LVLK appointed by the government at the expense of the government or
other parties which are not binding.
(7)
In terms of publishing DKP any suspected discrepancy and/or
incorrectness in of one of the declarations is found, a special inspection
shall be carried out by the government or by a third party such as LVLK
appointed by the government at the expense of the government or other
parties which are not binding.
Article 4
(1)
PHPL preformance assessment and VLK by LP & VI towards the license
holder, management rights, IRT / craftsmen or private forest owner
financed by the Ministry according to the cost standard.
(2)
In terms of Minstry cost limitations for assessment and / or
verification,
license
holders
can
take
the
initiative
to
apply
independently to LP & VI.
(3)
For the implementation of the assessment and / or verification
financed independently, standard fees set by the Ministry may be
referred.
Article 5
(1)
Private forest owners, concessionaires, holders of IUIPHHK with
production capacity of up to 6000 cubic meters per year, IUI, TDI, and
IRT / Craftsmen may implement multi-site certifications.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 8
(2)
Holders of IUIPHHK with production capacity of up to 6000 cubic
meters per year, IUI, TDI, and IRT / Craftsmen referred to in
paragraph
(1)
is
those
who
entirely
use
wood
from:
a. concessionaires who has had S-LK and / or
b. owner of private forest wood that has had S-LK or DKP.
(3)
Implementation of multisite certifications for private forest owners and
license holders as referred to in paragraph (1) and (2) can be
implemented in terms of:
a. Management process for each location / site is the same;
b. There is a controlled management system as outlined in the
agreement
document
or
AD
/
ART
or
group
certificate
of
incorporation; and
c. Auditee is able to provide management information and document
changes.
(4)
Implementation of multisite certifications for the management rights
referred to in paragraph (1) can be implemented in terms of:
a. Management process for each location / site is the same and is
operated with the same methods and procedures;
b. Management system is centrally controlled and administered; and
c. Auditee is able to provide management
information review,
document changes, internal audit plans as well as the evaluation
results.
(5)
Implementation of multisite certifications is conducted by sampling.
(6)
In the event any discrepancy is found in the multisite certified member
referred to in paragraph (1), the multisite certificate becomes invalid.
Article 6
(1)
Private forest owner and permit holder may apply the group
certification.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 9
(2)
Private Forest Owners, including leasehold, Right to Use, Land of
Crooked, Titisara, Forest that belongs to the village, Traditional Forest,
and Graves may apply for a certification as a group in one district /
city.
(3)
Holders of IUPHHK-HKm, IUPHHK-HTR, IUPHHK-HD, IUIPHHK with
production capacity of up to 6,000 (six thousand) cubic meters per
year, IUI with investment capital of less than Rp 500.000.000, - (five
hundred million rupiah) excluding land and building, TDI, IRT /
Craftsmen, and TPT may apply for certification as a group.
(4)
In the case of group certification of forest rights referred to paragraph
(2) which grows naturally is able to use funding from the Government
with the minimum number of group members of 10 owners.
(5)
In the case of group certification referred to in paragraph (3) using
funding from the Government on the basis of a proposal from the
Provincial Office.
(6)
Private Forest Owners and holders of IUPHHK- HKm, IUPHHK-HTR,
IUPHHK-HD belonging to a group and has had S-LK, the cost of
inspection can be proposed to the Ministry as long as no production is
made yet.
(7)
Implementation of the group certification is conducted by census.
(8)
In the event that there is a discrepancy in one of the certification group
members referred to in paragraph (1), then the said group member is
removed from the group and the group certificate remains valid.
Article 7
(1)
In the case holders of IUIPHHK, IUI, TDI, TPT, IRT / Craftsmen and
non-manufacturers exporter are using raw materials from the
industry suppliers or TPT that do not have S-LK or DKP, then VLBB
shall be done by LVLK on the cost of the auditee.
(2)
The license holder who has obtained S-LK, VLBB can not be applied.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 10
(3)
Industry suppliers referred to in paragraph (1) is holders of IUIPHHK
with production capacity of up to 6,000 (six thousand) cubic meters
per year, TDI, and IUI with investments under Rp500,000,000, - (five
hundred million rupiah)
(4)
The VLBB referred to in paragraph (1) shall be conducted at the time
of verification, surveillance and re-certification.
(5)
LVLK in doing VLBB as referred to in paragraph (1) shall ensure that
the raw materials obtained from the suppliers is derived from a source
that has had S-PHPL, S-LK or DKP.
(6)
Application deadline of VLBB implementation as referred to in
paragraph (1) is December 31, 2017, provided the volume of raw
materials used for VLBB mechanism up to December 31, 2016 is as
much 50%.
(7)
Especially for IUIPHHK with production capacity of up to 6,000 (six
thousand) cubic meters per year, VLBB may only be applied until
December 31.
Article 8
(1)
Raw materials derived from wood auction shall be separated and
equipped with document Auction Transport Certificate (SAL) or
auction forest products transport document, with the Minutes of
Auction attached.
(2)
In the case auditees in the production process uses raw materials
derived from wood auction referred to in paragraph (1), then the
production made of timber auction shall be separated.
(3)
Auditees are not allowed to use the V-legal mark and not be allowed to
apply for V-Legal Documents for the production made from auction
wood raw materials.
(4)
LVLK is not allowed to publish V-Legal documents toward the
production made from auction wood raw materials.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 11
(5)
In case the auditee receives wood from auction after the issuance of SLK, the auditee shall immediately report to LVLK to do a special audit.
Article 9
In case there is an indication or a third-party reports that the LP & VI
performs actions that are not in accordance with the provisions of the
legislation, the Director-General on behalf of the Minister may revoke the
appointment of LP & VI after proving the infringement.
Article 10
(1)
To proof the violation referred to in Article 9, the Director General may
form a Follow-Up Team.
(2)
The follow-up team referred to in paragraph (1) is composed of
representatives
from
the
Government
and
/
or
Independent
Monitoring.
(3)
Implementation follow-up team costs as referred to in paragraph (1)
and (2) shall be charged to the government budget and / or other
parties which are not binding in accordance with the provisions of the
legislation.
Article 11
(1)
Results proving infringement referred to in Article 10 shall be
submitted to the Director-General for consideration in the proposed
revocation of the appointed LP & VI by the Director General on behalf
of the Minister.
(2)
In case based on the examination results by the Follow-Up Team, LP
& VI is found not guilty of the offense, the Director-General is to
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 12
provide a clarification on the false report indication as referred to in
Article 10.
(3)
In case LP & VI is proven to have done any offense as referred to in
paragraph (1) then it is subject for appropriate sanctions in
accordance with the provisions of the legislation.
Article 12
(1)
LP & VI revocation by the Director General on behalf of the Minister as
referred to in Article 11, is submitted to KAN for further consideration
of accreditation.
(2)
LP & VI whose accreditation / appointment is revoked or its
accreditation is not renewed, then they are obligated to transfer the
certification and / or the V-Legal document publishing services to LP
& VI with a copy to the Director-General, in the following conditions:
a. In the case of revoked LP & VI accreditation / appointment, then
they shall inform the revocation to the auditee no later than three
(3) business days with a copy to the Director General.
b. In case LP & VI will not extend its accreditation, then they shall
inform that the accreditation will expire within 3 (three) months
prior to the expiration of accreditation to the auditee with a copy to
the Director General.
c. Any costs incurred as a result of the transfer of the certification
and / or the publishing services of V-Legal Documents shall be
charged to the LP & VI whose accreditation is revoked or will end in
accordance with the provisions of the legislation
(3)
LVLK whose accreditation / appointment is revoked or not renewed, is
obligated to transfer the publishing service of V-Legal Documents to
another LVLK with a copy to the Director-General, in the following
conditions:
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 13
a. In the event of V-Legal Document Publisher appointment is
revoked, the Director-General on behalf of the Minister will transfer
the issuance of V-Legal Documents to another V-Legal Documents
Pubhisher proposed by the auditee and determined by the Director
General on behalf of the Minister.
b. To avoid vacuum in the issuance of V-Legal Documents due to the
accreditation revocation of LVLK, the Director in charge of
processing and marketing the forest products on behalf of the
Director General may assign temporary V-Legal Documents
Publisher no later than 1 (one) working day.
Article 13
In the event of misuse and / or falsification of SPHPL / S-LK, V-Legal Signs,
V-Legal Documents and / or nonconformity declarations shall be penalized
in accordance with the provisions of the legislation.
Article 14
(1)
In the event of any reports or information that the LPPHPL or LVLK
auditor performs actions that are not in accordance with the
provisions of laws and regulations, the statement or information shall
be used as a follow-up to the authorized agency in accordance with
the provisions of the legislation.
(2)
The report referred to in paragraph (1) shall be submitted to the
Professional Certification Institute (LSP) and the LPPHPL and / or
LVLK concerned forwarded to the Director-General.
(3)
Director General conducts follow-up evaluation of the report or
information referred to in paragraph (1).
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 14
(4)
In case the LPPHPL or LVLK auditor is proven to have done any offens
referred to in paragraph (1) then they are subject to appropriate
sanctions in accordace with the laws and regulations.
Article 15
(1)
In case the auditee is given "NOT PASS", LPPHPL / LVLK shall
present the results of verification of the particular verifiers that
"DOES NOT MEET" accompanied by the facts found in the field to the
Director General in a soft copy on Compact Disc or any other
recording
media
for
the
auditees
performance
evaluation,
If
necessary, a hard copy can be requested by the Ministry.
(2)
The Director General shall inform the technical institution in the area
and / or UPT to follow up the results of the verification of the
particular verifiers that "DOES NOT MEET"
(3)
The results of the implementation follow-up as referred to in
paragraph (2) shall be reported to the Director General with a copy to
the LPPHPL / LVLK.
(4)
LPPHPL / LVLK shall publish the S-PHPL / S-LK and the assessment
resume, verification, inspection, and re-certification on the LPPHPL /
LVLK
website
and
the
website
of
the
Ministry
(http://silk.dephut.go.id) no later than 7 (seven) calendar days after
the decision.
Article 16
(1)
In the event the Government inform any indication that the auditee
that
has
got
the
S-PHPL/S-LK
no
longer
comply
with
the
requirements of PHPL and / or LK requirements according to the
prevailing standards, the Government may transmit the information
to the LPPHPL / LVLK.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 15
(2)
LPPPHPL / LVLK is required to conduct a special audit to follow up
on the information as referred to in paragraph (1).
(3)
LPPHPL / LVLK is obliged to report the result of the special audit as
referred to in paragraph (2) to the reporting Government.
Article 17
In the event of changes in the scope of certification of the auditee, recertification and / or inspection shall be conducted in accordance with the
scope of the new certification.
Article 18
With the enactment of this regulation, the Director General of Forestry
Enterprises regulation No. P.14/VIBPPHH/2014 as amended by No. P.1/VIBPPHH/2015
concerning
Standard
and
Guidelines
on
Performance
Assessment of Sustainable Forest Management (PHPL) and Verification
Wood Legality (VLK), as well as other provisions that conflict with this
regulation shall be revoked and declared invalid
Article 19
This Regulation shall come into force thirty (30) days from the date of
enactment
Stipulated in: Jakarta
On 29th April 2016
Director General
Sustainable Production Forest Management
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Direcotor General Regulation No: P.14/PHPL/SET/4/2016 16
Signature
IDA BAGUS PUTERA PARTHAMA
Copies of the Regulation are submitted to:
1. Minister of Environment and Forestry;
2. Echelon I Officer within Ministry of Environment and Forestry;
3. Echelon II Officer within Directorate General for Sustainable Production
Forest Management;
4. The Head of the Provincial Agency that is
responsible in the field of
forestry in Indonesia; and
5. Head of the Forest Production Management Area I - XIV
Copy according to the original
Head of Legal and Technical Cooperation
Bambang Wiyono, SH, MH.
NIP 19610201 198303 1 005
This is an unofficial translation. In the event of any discrepancy between the Indonesian text
and the English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 1
Appendix 7.The Director General of Sustainable Forest Production Management Regulation
P.14/VI-BPPHH/2014
Number
: P.14/PHPL/SET/4/2016
Date
: 29 April 2016
Concerning
: Standard and Guideline of Performance Assessment Implementation of
29 December 2014
Sustainable Production Forest Management and Timber Legality
Verification
ISSUANCE GUIDELINE OF V-LEGAL DOCUMENT
A. SCOPE
This guideline includes reference, definition, application procedure, issuance, renewal,
replacement and cancellation as well as publication and reporting of V-Legal
documents issuance
(Producer exporter and non-producer exporter); general
requirement, form specification, submitting signature specimen and stamp, form
template and guidance on completing the form.
The
unit
which
manages
the
request,
issuance,
renewal,
replacement and cancellation as well as the publication and reporting the issuance of
V-Legal
Document
is
a
unit
that
manages
information
verification
timber legality (license information unit / LIU).
B. REFERENCES
Regulation
of
the
Ministry
P.30/Menlhk/Setjen/PHPL.3/3/2016
of
Enviornment
concerning
and
Forestry
Performance
Number
Assessment
of
Sustainable Production Forest Management and Timber Legality Verification on
Licence Holder or Private Forest (State Gazette of the Republic of Indonesia Year 2016
No. 368).
C.
PROCEDURES OF V-LEGAL DOCUMENT ISSUANCE FOR FOREST PRODUCT INDUSTRY
EXPORTER THAT HAS HAD S-LK AND ALL ITS SUPPLIERS THAT HAS HAD S-PHPL OR
S-LK OR DKP
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 2
1.
Application Verification
a. Exporters of forest industry products is to register an officer who is responsible
for submitting/signing the application for issuing V-legal document to LVLK,
which can be proofed by an approval letter or an authorisation letter by the
company’s director that is stated in notary deed.
b. Exporters of forest industry products is to submit an application of V-Legal
document issuance to LVLK the issuer of respective S-LK by completing the VLegal Document Issuance application form and attach a copy of the invoice
and/or packing list of the exported goods.
2. Verification of V-Legal Document Issuance for Producer Exporter
a. Producer exporter is to send the copies of LMK document or stock report,
document/list of product order, transportation document and S-PHPL document
or S-LK or DKP from supplier related to the exported timber and timber
products, and if necessary sample of exported product is to be verified by LVLK.
b. LMK document or stock report is sent to LVLK every month. LMK or stock report
that is sent the first time is to be recorded as the initial stock of the timber
balance and the following months report are used for adjustment of timber stock
balance after undertaking cross check with copies of the transportation
document and S-PHPL document or S-LK or DKP from supplier. In case there is
any discrepancies between the data on LMK or inventory report with the copy of
the transportation document and copies of S-PHPL or S-LK or DKP document
from the suppliers, then LVLK will request a clarification and if it is necessary to
carry our physical check by sampling.
c. The recapitulation of receiving transportation document from supplier is to be
sent to LVLK regularly to renew supply data of timber stock balance. That
recapitulation has to include information concerning timber type/species and
number of S-PHPL or S-LK or DKP from supplier.
d. If it is necessary, LVLK may request the original copy of the transportation
document and S-PHPL document or S-LK or DKP from the supplier.
e. In terms of producer exporters receives dismantle/recycle timber including
wood waste sourced not from wood auctions that is equipped with reference
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 3
letter/Memo from the Regency/City office in charge for forestry or from
village/sub-district officer is a DKP and for that processed product can be
proposed for V-Legal document issuance.
f. In terms of producer exporters receives processed timber from Private Forest
that is equipped with S-LK or DKP, for that processed product can be proposed
for V-Legal Document Issuance.
g. In undertaking V-Legal Document issuance verification, LVLK may conduct
physical check by sampling against exported product.
h. LVLK develops a timber balance stock that contains sufficient volume of supply
and consumption of raw materials by taking into account the yield factor in the
production process. Balance stock of timber is used as primary data for
verification of V-Legal Document issuance.
3. Verification of V-Legal Document Issuance for Non-producer exporter
a. Non-producer exporter sends a copy of the LMK or stock report of all its supplier
industries every month to LVLK.
b. Non-producer exporter sends a copy of the Transportation Memo/Permit of the
product purchased from its supplier industry accompanied with the copy of S-LK
or DKP from the supplier to LVLK.
c. Non-producer exporter sends the product stock report on a monthly basis.
Product stock report that was sent the first time is recorded as the initial stock
balance of product and the following months are used for adjustments of product
balance sheet after cross-checking it with the Transport Memo / travel permit of
purchased product.
d. In undertaking V-Legal Document issuance verification, LVLK may conduct
physical check by sampling against exported product.
e. LVLK develops a product stock balance which includes sufficient volume of supply
and product release. Balance stock of product is used as primary data for
verification of V-Legal Document issuance.
D. ISSUANCE OF V-LEGAL DOCUMENT
1. The mechanism of issuance of V-Legal document through SILK online
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 4
a. For forest industry product producer exporter with verification result of VLegal Document issuance stated "COMPLIANCE", LVLK shall issue V-Legal
Documents no later than three (3) days after receiving the application and the
requirements are fully met.
b. In terms verification result of V-legal document issuance is declared
"INCOMPLIANCE", LVLK does not issue V-legal document and LVLK shall
prepare an incompliance report to be submitted to the product industry
exporter and to the Director of General.
c. LVLK submits incompliance report to the Director of General through the
Information Unit of Timber Legality Verification no later than 24 (twenty four)
hours after the decision is made.
d. Product industry exporter is to submit a copy of PEB no later than 30 (thirty)
calendar days from the date of issuance of V-Legal Documents.
e. V-legal documents that its used uncertainly within 30 (thirty) calendar days
from the date of its issuance due to not sending a copy of PEB, proofed by
sending copy of PEB to LVLK, then the service for issuing the subsequent VLegal Document is postponed until the forest product industry exporter
submits the required PEB report.
f. PEB report has been submitted to LVLK is required to report Recapitulation of
PEB report no later than the 10th date of each month to the Information Unit of
Timber Legality Verification.
2. The mechanism of Issuance of V-Legal Document manually
a. In terms of Timber Legality Information System does not work due to force
majeure, LVLK may issue V-Legal Document manually.
b. Force majeure condition as mentioned on point (a) can be in the form of:
1) Natural disasters such as floods, earthquakes, landslides, other disasters
that occur naturally, and/or
2) Fires, power outages and theft of equipment, and/or
3) Damage and malfunction of facilities and infrastructure systems of Timber
Legality Information System application for more than four (4) hours.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 5
c. Force majeure such as natural disasters as referred to in letter (b) point (1)
shall be declared by the competent authority, while the fire and the damage
referred to in point (2) b and c, is declared through circulars by the Director of
Processing and Marketing of forests product and submitted to LVLK, Inatrade,
INSW and competent authority in the country of destination.
d. Issuance of V-Legal Document as referred to in point (a) is conducted by
completing the V-Legal Document intended for issuance manually (marked with
the "MANUAL" stamp in the upper right).
e. Completing the document can be done by hand writing, typewriter or by other
electronic means. V-Legal document signed by competent authority authorised
by LVLK and with LVLK stamp on it. That authorised person is the person which
the signature specimen has been submitted to LIU.
f. Manual V-Legal Document that has been issued by LVLK is submitted to LIU,
Inatrade and INSW.
g. In the circumstances of force majeure conditions has ended that is conveyed
through circulars and/or electronic notification by the competent authority,
then the issuance of V-legal documents manually is no longer valid.
h. Once SILK is back on-line then LVLK is responsible for doing entry of V-Legal
Document issued manually.
3. V-legal document shall not to be issued for production derived from auction timber.
E. V-LEGAL DOCUMENT EXTENSION
1. In the event of force majeure or other legitimate causes beyond the control of
forest product industry exporter that occur after the product has pass Indonesia
customs, LVLK can extend the validity period of the V-Legal Documents for 2 (two)
months.
2. The forest product industry exporter submits an application letter for extending Vlegal document that contain the reason for the extension by attaching page 5 of the
V-Legal Documents.
3. LVLK verifying the truth of the reasons for that extension.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 6
4. After verification, LVLK extend the validity period of the V-Legal Documents no later
than three (3) days after receiving the application and the reason of force majeure
or other legitimate causes and it is reported to LIU.
5. The extension time of V-legal document must contain the same information and
references to the extended V-Legal Document, and marked "Validated On" in box 18
and reported to LIU.
6. In terms of the verification results of the truth of the reason is unacceptable, then
LVLK will not extend the validity period of the V-Legal Documents.
F.
REPLACEMENT V-LEGAL DOCUMENT DUE TO LOST OR DAMAGED
1. In the event of damage or loss of Sheet-1 and/or sheet-2 of V-Legal Document, forest
product industry exporter or its official representative can apply for replacement of
V-legal document by preparing replacement application letter of V-Legal Documents
contain reason for replacement by attaching sheet-5 of the V-Legal Document.
2. LVLK verifying the truth of the reasons for that replacement.
3. After conducting verification and the reason of its replacement is acceptable, then
LVLK issue a replacement of V-Legal Document no later than 24 (twenty four)
hours of receiving the replacement application and report to LIU .
4. V-Legal Documents replacement must contain the same information and references
to the V-Legal Documents that are replaced, and marked "Replacement License" in
box 18 and reported to LIU.
5. By issuing the replacement of V-Legal Documents, then the lost/damaged V-Legal
documents is declared invalid.
6. In terms of the verification results of the truth of that replacement reason is
unacceptable, then LVLK will not replace V-Legal Documents.
G. CANCELLATION OF V-LEGAL DOCUMENT
1. In the event of export failure, forest product industry exporter must immediately
report to LVLK to cancel the V-legal document by stating the reasons for the
cancellation and attaching the V-Legal Documents sheet 1, 2, 3, 5 and 7.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 7
2. In the case of exported goods is lost or damaged prior reaching the destination
country, then the V-Legal Document Sheet 1, 2, 3 and 5 are returned to LVLK.
3. LVLK verify the truth of export failure.
4. In case of verification result declared of export failure, then LVLK cancel the V-Legal
Documents no later than three (3) days after receiving cancellation report and
report it to LIU and Indonesian customs authorities.
5. In case of verification result is declared no export failure, then LVLK will not cancel
the V-Legal Documents.
H. THE COST OF ISSUANCE OF V-LEGAL DOCUMENT
The cost for issuing of V-Legal Documents through verification is charged to the forest
product industry exporter.
I.
GENERAL REQUIREMENTS OF V-LEGAL DOCUMENT
1.
V-legal documents and attachments of V-Legal Document is in paper and/or in
electronic form.
2.
Completing of V-Legal Document shall be in English, all in capital letters except for
writing the scientific name of species, by filling the entire section (tamper proof) as
such it is not possible to re-do them except by LVLK and there should not be
changes include: edited or cross out .
3.
The guidance for completing V-Legal Document is attached.
4.
V-legal document is signed (may take the form of electronic signatures) by
appointed LVLK officer and affixed LVLK stamp using ordinary stamp or embossed
stamp or perforation stamp.
5.
In the case of the column for completing exported products is not sufficient in
column 9 until column 16, then V-legal documents shall be equipped with
attachment containing details and information of product which includes the
commercial description, HS Code, common and scientific names, country of
harvest, ISO code of the country of harvest, volume (m3), nett weight (kg), and
number of unit.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 8
6.
Attachment document is an integral part of the V-Legal Document with the same
specification as the V-Legal Document, signed and stamped as V-Legal Documents.
7.
V- Legal document is valid for four (4) months from the date of issuance.
8.
V- Legal documents in electronic form is sent by LVLK to Online SILK to be
forwarded to (a) INATRADE system in the Ministry of Trade, (b) Indonesia
customs authorities through the Indonesian National Single Window system
(INSW) and if necessary, to (c) the competent authority of export destinations
country.
J.
SPECIFICATION OF V-LEGAL FORM
1.
V- Legal forms and V-Legal Document attachment forms using standard A4 size
paper, it is printed using the format in accordance to attachment Q with V-Legal
Signs emboss and have a watermark.
2.
V-Legal document in paper form is made in 7 copies to be addressed as follow:
a. Sheet-1 (white) for competent authority of designated country
b. Sheet-2 (yellow) for customs of designated country
c. Sheet-3 (white) for importer
d. Sheet-4 (white) for LVLK
e. Sheet-5 (white) for exporter
f. Sheet-6 (white) for Information Unit of Timber Legality Verification
g. Sheet-7 (white), for Indonesia Customs
3.
The V-Legal Document Sheet-1 and 2 are submitted by forest product industry
exporter to the importers in destination country of the port of discharge, along
with other documents related to the shipping/export-import.
K. SUBMITTING SIGNATURE SPECIMEN AND STAMP
1.
LVLK submit a list of V-Legal Document signatory officers, signature specimen and
sample of V- Legal document issuer stamp to LIU within 7 (seven) calendar days
since stipulated as the Issuer as V-Legal documents, and submit a copy to the
Director of General of Customs of the Ministry of Finance.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 9
2.
Legality Information Unit of Timber Verification (LIU) can provide information on
the list of officers who signed the V-legal documents, along with the officer's
signature specimen and LVLK stamp to the Directorate General of Customs of
Ministry of Finance and the competent authority of the export destination country
when requested.
I.
SPECIAL TREATMENT / COORPORATION SCHEME
In terms of the agreement between Indonesia and the European Union through
the FLEGT-VPA has entered into force therefore the V-Legal Documents will prevail
as the FLEGT license for export to the country of destination in the European Union.
DIRECTOR GENERAL OF SUSTAINABLE FOREST
PRODUCTION MANAGEMENT,
Sign
IDA BAGUS PUTERA PARTHAMA
Copies of the original
Head of Legal and Technical Cooperation
Stamp & Signature
Bambang Wiyono, SH, MH.
NIP 19610201 198303 1 005
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 10
FORMAT OF V-LEGAL DOCUMENT ISSUANCE APPLICATION
Regarding : Application of V-Legal Document Issuance
To,
in ...
Herewith we would like to apply for V-Legal Document issuance for:
Company Name
: .............................................................................................................................................
TDP Number
: .............................................................................................................................................
Tax ID
: .............................................................................................................................................
S-LK Number
: .............................................................................................................................................
Name of Importer
: .............................................................................................................................................
Address of Importer
: .............................................................................................................................................
Country of designation
: - ………………………………………………….
Loading Port
: - …………………………………………………………
Discharge Port
: - ………………………………………………………….
Transportation Means
: ………………………………………………………
Total Unit
: .......................................unit
Total Volume 1)
: .......................................m3
Total Weight 1)
: .......................................kg
Total Value 2)
: ........................................USD
Invoice Number
: .............................................................................................
Invoice Date
: .............................................................................................................................................
Date of Loading Plan (Stuffing) :
..............................................................................................................................................
Location of Loading (Stuffing) :
...............................................................................................................................................
Other information 5)
: .............................................................................................................................................
Description of application 3) :
a. HS Number
: .................................................................................................................
Description of goods
: .................................................................................................................
Species 4)
: .................................................................................................................
Harvest Country 4)
: .. ............................................................................................................... -
Unit
: ............................................................unit
Volume 1)
: ............................................................m3
Weight 1)
: ............................................................kg
Value 2)
: ........................................................... USD
Details
: .................................................................................................................
b. HS Number
: .................................................................................................................
Description of goods
: .................................................................................................................
Species 4)
: .................................................................................................................
Harvest Country 4)
: …………………………………………………………………………………. -
Unit
: ............................................................. unit
Volume 1)
: ............................................................ m3
Weight 1)
: ............................................................ kg
Value 2)
: ............................................................ USD
Details
: ..................................................................................................................
c.
…………............
This application of V-Legal Document Issuance Letter is submitted with the truth information.
1.
2.
3.
4.
to be completed in accordance to attachment 7 of V-Legal document issuance
value to be filled in fob
shall be prepared in accordance to the number of exported good description
can be more than 1, use separate row as separator.
To be filled with other information that will be included in column 17 of V-Legal document as needed, such as: Invoice Number, Packing List.
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive
Appendix 7 P.14/PHPL/SET/4/2016 11
INCOMFORMITY REPORT FORMAT
INCONFORMITY REPORT
VERIFICATION RESULT OF V-LEGAL DOCUMENT ISSUANCE
(Inconformity Report Number)
1. LVLK Identity
a. Name of Agency
b. Number of Accreditation
c. Address
d. Phone/Fax No.
e. E-mail
f. Verification Responsibility
:
:
:
:
:
:
2. Producer exporter or non-producer exporter Identity :
a. License Holder Name
:
b. TDP Number:
c. License Capacity
:
d. Factory address
:
e. Phone/Fax No/Email
:
f. Responsibility
:
3. Inconformity Report
Based on verification result on IUIPHHK/IUI Extension/TDI on ......... there is
inconformity against forest product on invoice ........ as follows:
........................................................................................................................................................................................
........................................................................................................................................................................................
filled with reason and justification of
........................................................................................................................................................................................
inconformity occurred
............................................................................................................................................................
Responsibility :
(Name of Responsible person)
NIP
Date:
Number of inconformity report shall be filled in accordance to numbering guidance of V-Legal
document
This is an unofficial translation. In the event of any discrepancy between the Indonesian text and the
English translation, the Indonesian text shall be decisive