Decree No. 06/2019/ND-CP management endangered, precious and rare species of forest fauna and flora

DECREE

On the management of endangered, precious and rare forest plants and animals and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 15, 2017 Law on Forestry;

Pursuant to the November 21, 2017 Law on Fisheries;

Pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree on the management of endangered, precious and rare forest plants and animals and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes the list of endangered, precious and rare forest plants and animals; the management, protection, and order and procedures for exploitation, of endangered, precious and rare forest plant and animal species; raising of ordinary forest animals; and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in Vietnam.

Article 2.Subjects of application

This Decree applies to state agencies, domestic organizations, households and individuals, overseas Vietnamese, and foreign organizations and individuals carrying out activities involving endangered, precious and rare forest plants and animals and endangered species of wild fauna and flora in the CITES Appendices; and raising of ordinary forest animals in Vietnam’s territory.

Article 3.Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Species refers to a species, a subspecies, or a geographically separate population of animals or plants.

2. Hybrid species means the result of mating or transplantation of two species or two subspecies of plants or animals. In case a hybrid species is the result of mating or transplantation of two species listed in different Taxa or Appendices, it shall be managed like species in the higher Taxa or Appendices.

3. CITES permit or CITES certificate means the one granted by the CITES Management Authority of Vietnam for lawful export, import, re-export, re-import, or introduction from the sea of specimens of endangered species of wild fauna and flora in the CITES Appendices; or for export of specimens of endangered, precious and rare forest plants and animals in accordance with this Decree which are outside the List of species in the CITES Appendices.

4. The CITES Appendices include:

a/ Appendix I, which includes wild fauna and flora species which are threatened with extinction, or banned from export, import, re-export, introduction from the sea, or transit for specimens harvested from the wild for commercial purposes;

b/ Appendix II, which includes wild fauna and flora species which  although not necessarily now threatened with extinction  may become so unless the export, import, re-export, introduction from the sea, or transit of specimens of such species harvested from the wild for commercial purposes is not brought under effective control;

c/ Appendix III, which includes wild fauna and flora species which any Party to the CITES requests cooperation of other Parties in the control of their export, import or re-export for commercial purposes.

5. Part of an endangered species of wild fauna or flora means any element (such as skin, husk or root) either in crude form or preliminarily processed (preserved, polished, etc.) which helps identify such species.

6. Derivatives of animal and plant species means all types of material derived from animals and plants, such as blood and bile of animals; sap and essential oil of plants; or processed parts of animals and plants such as medicament, perfume, watch wrist bands, bags, etc.

7. Specimens of endangered species of wild fauna and flora include wild animals and plants, whether alive or dead, and eggs, larvae, parts or derivatives thereof.

8. Ordinary forest animals means forest animal species of mammal, bird, reptile and amphibian classes which are outside the Government-issued List of endangered, precious and rare forest plant and animal species or the List of species in the CITES Appendices; or the List of animals raised or domesticated in accordance with the law on animal husbandry.

9. Harvest of specimens of animal and plant species means the taking of specimens of wild fauna and flora species in the wild.

10. Commercial activity means any activity of trade in specimens of wild fauna and flora species for profit-making purposes.

11. Non-commercial activity means an activity serving diplomatic relations; scientific research; exchange between zoos, botanic gardens and museums; exhibitions and displays for product introduction; circus performance; or exchange or return of specimens between the CITES Management Authorities.

12. Zoo means a place where wild fauna species are collected and raised for the purposes of display, propagation, environmental education and scientific research.

13. Botanic garden means a place where wild flora species are collected and tended for the purposes of display, propagation, environmental education and scientific research.

14. Introduction from the sea means transportation into Vietnam’s territory of specimens of wild fauna and flora species included in the CITES Appendices which were taken in the marine environment not under the jurisdiction of any State.

15. Re-export means the export of a previously imported specimen.

16. Controlled environment means an environment managed by humans with a view to creating purebred species or hybrid plants or animals. A controlled environment must provide conditions for preventing the penetration or spreading of animals, plants, eggs, gametes, zygotes, seeds, germs, genes, or epidemics into or from such environment.

17. Ranching facilities include facilities growing or breeding endangered, precious and rare species of forest animals and/or endangered wild fauna species in the CITES Appendices and/or ordinary forest animal species; and facilities artificially propagating endangered, precious and rare species of forest plants and/or wild flora species in the CITES Appendices for non-commercial or commercial purpose.

18. Growing means the raising of premature animals or eggs of wild fauna species harvested from the wild into individual baby animals in a controlled environment.

19. Breeding means the raising of wild animals to create future generations in a controlled environment.

20. Artificial propagation means propagation using seeds, germs or zygotes, transplanting branches or other methods of propagation of wild plants in a controlled environment.

21. Breeding source means a lawful initial individual animal which is raised at a breeding facility to produce individual animals of the next generations.

22. First-generation (F1) offspring includes individual animals born in a controlled environment, of whom at least one parent animal is harvested from the wild.

23. F2 generation or next generations include(s) individual animals born in a controlled environment by a parental couple of F1 or next generation.

24. Personal belongings or household items of wild animal or plant origin means specimens of lawful origin of an individual or a household. Living specimens shall not be regarded as personal belongings or household items.

25. Souvenir specimens means personal belongings or household items which are obtained outside the country where the owners reside. Living specimens shall not be regarded as souvenir specimens.

26. Hunted or caught specimens means specimens obtained from illegal hunting and catching activities.

27. Pre-Convention specimen of a species means a specimen obtained before the date such species is included in the CITES Appendices or before the date a member State accedes to the Convention, in the following cases:

a/ The specimen is brought out of its natural habitat;

b/ The specimen is born in a controlled environment;

c/ The owner lawfully owns the specimen.

28. Member State to the CITES means a State where the CITES enters into force.

Chapter II

LIST OF AND MANAGEMENT REGIME FOR ENDANGERED, PRECIOUS AND RARE FOREST PLANTS AND ANIMALS; RAISING OF ORDINARY FOREST ANIMALS

Article 4.List of endangered, precious and rare forest plants and animals

1. The List of endangered, precious and rare forest plants and animals promulgated together with this Decree covers:

a/ Taxon I, including forest plant and animal species threatened with extinction which are banned from harvest or use for commercial purposes and species included in Appendix I to the CITES which are naturally distributed in Vietnam.

Sub-Taxon IA: forest plant species.

Sub-Taxon IB: forest animal species.

b/ Taxon II, including forest plant and animal species which are although not necessarily now threatened with extinction but may become so unless the harvest or use of specimens of such species for commercial purposes is subject to strict regulation, and the species included in Appendix II to the CITES which are naturally distributed in Vietnam.

Sub-Taxon IIA: forest plant species.

Sub-Taxon IIB: forest animal species.

2. Modification of the List of endangered, precious and rare forest plants and animals

Every 5 years or in case of any change in the species mentioned in Clause 1 of this Article or the Lists of species included in Appendices I and II to the CITES which is related to forest plant or animal species naturally distributed in Vietnam, the Ministry of Agriculture and Rural Development shall submit the List of endangered, precious and rare forest plants and animals to the Government for modification.

Article 5.Protection of endangered, precious and rare forest plants and animals

1. Activities of hunting, shooting, catching, harvesting, raising, caging, killing, storing, processing, transporting or trading in endangered, precious and rare species of forest plants and animals may not adversely affect the existence, growth or development of such species in their natural habitats.

2. All activities of hunting, shooting, catching, harvesting, raising, caging, killing, storing, transporting, trading in, processing, advertising, displaying, exporting, importing, temporarily importing for re-export, or temporarily exporting for re-import endangered, precious and rare species of forest plants and animals shall be managed to ensure their lawful origin.

3. Habitats where endangered, precious and rare species of forest plants and animals live in a frequent and concentrated manner shall be studied for use as a basis for establishment of special-use forests.

4. Organizations, households and individuals carrying out production, construction, survey, exploration, research, sightseeing or tourism activities or other activities in forest areas where endangered, precious and rare species of forest plants and animals live shall comply with this Decree and relevant regulations.

Article 6.Survey and assessment of the current state of endangered, precious and rare species of forest plants and animals

1. The survey and assessment of the current state of species of endangered, precious and rare species of forest plants and animals shall be carried out at the same time with the forest survey in accordance with forest management regulations.

2. The Ministry of Agriculture and Rural Development shall organize surveys and assessments of endangered, precious and rare species of forest plants and animals nationwide, while provincial-level People’s Committees shall organize such surveys and assessments in forest areas within their provinces.

3. The State shall encourage forest owners to conduct surveys and assessments of the current state and developments of endangered, precious and rare species of forest plants and animals within the forest areas allocated or leased to them by the State.

Article 7.Scientific research into endangered, precious and rare species of forest plants and animals

1. Scientific research into the conservation and sustainable development of endangered, precious and rare species of forest plants and animals shall be carried out strictly according to approved projects and forest management regulations.

2. Before being carried out, scientific research activities shall be reported in writing to forest owners and provincial-level state management agencies in charge of forestry for supervision.

Article 8.Handling of cases where endangered, precious and rare forest animals infringe upon or threaten the life or property of humans

1. In case endangered, precious and rare forest animals threaten to seriously infringe upon the property or life of humans, organizations and individuals shall apply measures to drive away such animals while limiting injuries caused to them, and immediately report such to forest protection bodies or commune- or district-level People’s Committees of the nearest places.

2. In case endangered, precious and rare forest animals threaten to directly attack humans outside special-use forests or protection forests, after having taken measures to drive away such animals but in vain, chairpersons of district-level People’s Committees may decide on and direct the trapping, catching or shooting of such animals.

3. Specimens of wild animal species trapped, caught or shot under Clause 2 of this Article shall be disposed of under Articles 10 and 32 of this Decree.

Article 9.Harvest, raising, cultivation, processing, trade in, advertising, transportation, and export of specimens of endangered, precious and rare species of forest plants and animals

1. The harvest; raising and cultivation; processing, trade in, advertising and display; export; and transportation and storage of specimens of endangered, precious and rare species of forest plants and animals of Taxon I must comply with this Decree, for the species included in Appendix I to the CITES.

2. The harvest; raising and cultivation; processing, trade in, advertising and display; export; and transportation and storage of specimens of endangered, precious and rare species of forest plants and animals of Taxon II must comply with this Decree, for the species included in Appendix II to the CITES.

3. For the export of specimens of endangered, precious and rare species of forest plants and animals of Taxon I which are outside Appendix I to the CITES, a dossier of application for an export permit is not required to contain an import permit under the CITES.

Article 10.Handling of confiscated specimens of endangered, precious and rare species of forest plants and animals

1. Handling of living specimens:

a/ The confiscated specimens shall be cared for to avoid their death;

b/ Right after being handled under law, specimens shall be handed over to local forest protection bodies for care and protection. Living specimens shall be handled in the following order of priority: Healthy specimens shall be re-introduced into their natural habitats; or weak specimens in need of salvage or destruction shall be delivered to animal salvage facilities, zoos or botanic gardens.

2. Specimens of endangered, precious and rare species of forest plants and animals other than those mentioned in Clause 1 of this Article shall be handled as follows:

a/ Specimens of the species of Sub-Taxa IA and IB shall be handled in accordance with the law on management and use of public property;

b/ Specimens of the species of Sub-Taxa IIA and IIB shall be delivered to science, training, or environmental education institutions or specialized museums for display for conservation education purposes; sold through auction to organizations and individuals for raising, cultivation, processing or trade in accordance with law; or destroyed in case the other measures cannot be taken.

Article 11.Raising of ordinary forest animals

Organizations and individuals raising ordinary forest animals must satisfy the following conditions:

1. Ensuring that the origin of raised forest animals is lawful as prescribed by law;

2. Ensuring safety for humans; complying with the laws on environment and animal health;

3. Keeping a book to monitor raised animals according to Form No. 16 in the Appendix to this Decree; within 3 working days after bringing ordinary forest animals into ranching facilities, sending a notice to local forest protection bodies for monitoring and management in accordance with law.

Chapter III

IMPLEMENTATION OF THE CITES

Section 1

HARVEST

Article 12.Harvest of specimens of endangered wild fauna and flora species included in Appendices I and II to the CITES

1. The specimens included in Appendix I to the CITES may be harvested from the wild in the following cases:

a/ To serve scientific research projects;

b/ To create parental varieties and breeds serving breeding or artificial propagation;

c/ To serve external activities under the Prime Minister’s decisions.

2. The specimens included in Appendix II to the CITES may be harvested from the wild in the following cases:

a/ To serve scientific research projects;

b/ To create parental varieties and breeds serving breeding or artificial propagation;

c/ To serve external activities under the Prime Minister’s decisions;

d/ To serve sustainable trade in accordance with law.

3. Responsibilities of harvesters:

a/ To have a harvest plan, made according to Form No. 01 or No. 02 in the Appendix to this Decree;

b/ Before carrying out the harvest, to notify such to the provincial-level state management agency in charge of forestry or fisheries for supervision;

c/ To carry out the harvest without adversely impacting the conservation and sustainable development of the population of plants or animals;

d/ To comply with Vietnam’s law and the CITES regarding harvest of specimens of endangered wild fauna and flora species.

Article 13.Inspection and supervision of the harvest of specimens of endangered wild fauna and flora species included in Appendices I and II to the CITES

1. Provincial-level state management agencies in charge of forestry shall inspect and supervise the harvest and origin of specimens of wild forest animal and plant species included in Appendices I and II to the CITES in the localities.

2. Provincial-level state management agencies in charge of fisheries shall inspect and supervise the harvest and origin of specimens of fisheries species included in Appendices I and II to the CITES in the localities.

Section 2

RAISING AND CULTIVATION

Article 14.Conditions for raising or cultivation of endangered wild fauna and flora species in the CITES Appendices for non-commercial purposes

1. Having a scientific research project approved and having a raising or cultivation plan, made according to Form No. 04, No. 05, No. 06 or No. 07 in the Appendix to this Decree.

2. Having a ranching facility suitable to the growth characteristics of the species to be raised or cultivated; and ensuring safety for humans and raised animals or cultivated plants, environmental sanitation, and epidemic prevention.

3. Ensuring lawful origin of plant varieties or animal breeds: Specimens are lawfully harvested and confiscated specimens handled in accordance with law; specimens are lawfully imported or taken from other lawful ranching facilities.

4. Keeping a book for monitoring raising or cultivation activities, made according to Form No. 16 or No. 17 in the Appendix to this Decree; sending periodical reports to and submitting to the inspection and supervision by provincial-level state management agencies in charge of fisheries or forestry.

Article 15.Conditions for raising or cultivation of endangered wild fauna and flora species in the CITES Appendices for commercial purposes

1. For animals:

a/ Ensuring lawful origin of animal breeds: Specimens are lawfully harvested and confiscated specimens handled in accordance with law; specimens are lawfully imported or taken from other lawful breeding facilities;

b/ Stables and farms are built suitably to the characteristics of animal species to be raised; ensuring safety for humans and raised animals, environmental sanitation, and epidemic prevention;

c/ To-be-raised species are announced by the CITES Scientific Authority of Vietnam as being capable of consecutive reproduction for this  and the generations to come in a controlled environment; and it is certified in writing by this Authority that the breeding or growing of these species does not affect the existence of the raised species and related species in the wild;

d/ Having a raising plan, made according to Form No. 04 or No. 06 in the Appendix to this Decree.

2. For plants:

a/ Ensuring lawful origin of plant varieties: Specimens are lawfully harvested and confiscated specimens handled in accordance with law; specimens are lawfully imported or taken from other lawful cultivation facilities;

b/ Cultivation facilities are suitable to the characteristics of plant species to be cultivated;

c/ Having a cultivation plan, made according to Form No. 05 or No. 07 in the Appendix to this Decree.

3. A ranching facility shall keep a book for monitoring raising or cultivation activities, made according to Form No. 16 or No. 17 in the Appendix to this Decree; and send periodical reports to and submit to the inspection and supervision by provincial-level state management agencies in charge of fisheries or forestry.

Article 16.Codes of ranching facilities

1. A code must indicate the name, address and contact information of the ranching facility; and information about species raised or cultivated, made according to Form No. 08 in the Appendix to this Decree.

2. Components of a code:

a/ The first two letters show information about the appendix and type of specimens, with IA indicating plants included in Appendix I or Taxon I; IB indicating animals included in Appendix II or Taxon II; IIA indicating plants included in Appendix II or Taxon II; or IIB indicating animals included in Appendix II or Taxon II in the List promulgated together with this Decree;

b/ The subsequent letters show the purpose of the ranching facility, with VN indicating the national code of the ranching facility for non-commercial purposes; or an abbreviation of the province where the commercial-purpose ranching facility is located. The rules of abbreviating names of provinces and cities are provided in Form No. 08 in the Appendix to this Decree;

c/ The subsequent numbers show the ordinal number of the artificial ranching facility in the province.

3. In case a ranching facility raises or cultivates specimens of more than one species subject to different protection rules, the code of such facility shall be based on the species subject to the strictest protection rules.

Article 17.Registration of codes of ranching facilities for endangered wild fauna and flora species in the CITES Appendices

1. Code-issuing agency

The CITES Management Authority of Vietnam shall issue codes of ranching facilities for the species included in Appendix I to the CITES.

2. A dossier of request for registration of a code of a ranching facility must comprise:

a/ A request for issuance of a code of a ranching facility, made according to Form No. 03 in the Appendix to this Decree;

b/ The original raising plan, made according to Form No. 04, or the original cultivation plan, made according to Form No. 05, in the Appendix to this Decree.

3. Order of receipt of dossiers and issuance of codes

a/ The lawful representative of a ranching facility shall submit directly or send by post or via the Vietnam National Single Window portal one dossier set prescribed in Clause 2 of this Article to the CITES Management Authority of Vietnam;

b/ Within 5 working days after receiving a valid dossier, the CITES Management Authority of Vietnam shall issue a code to the ranching facility. If finding it necessary to conduct physical inspection of the conditions prescribed in Article 14 or 15 of this Decree, the CITES Management Authority of Vietnam shall assume the prime responsibility for, and coordinate with the CITES Scientific Authority of Vietnam and related organizations in, conducting the inspection, ensuring that the time limit for issuance of such code is 30 days.

In case the dossier is invalid, within 3 working days after receiving it, the CITES Management Authority of Vietnam shall notify such in writing to the ranching facility;

c/ For a ranching facility raising or cultivating for commercial purposes the species included in Appendix I to the CITES which are subject to registration with the CITES Secretariat, the CITES Management Authority of Vietnam shall complete a dossier within 15 working days and send it to the CITES Secretariat, ensuring that the time limit for issuance of a code is 3 working days from the date of receipt of a notice from the CITES Secretariat;

d/ Within one working day after issuing a code to the ranching facility, the CITES Management Authority of Vietnam shall upload information about such code onto its portal.

4. In case a ranching facility raises or cultivates different taxa of species, including those in Appendix I to the CITES, a code shall be issued in accordance with this Article.

5. A code shall be cancelled in case the ranching facility holding it requests the cancellation by itself; fails to satisfy the ranching conditions; or violates this Decree and relevant regulations.

6. Handling of animals or plants which are voluntarily handed over by owners of ranching facilities to the State:

a/ The lawful representative of a ranching facility that wishes to hand over animals or plants to the State shall send a notice to:

The provincial-level state management agency in charge of fisheries, for fisheries species;

The provincial-level Forest Protection Department, for other animal and plant species;

b/ Handling of animals or plants which are voluntarily handed over by owners of ranching facilities:

Within 15 working days after receiving a notice from the owner of a ranching facility, the agency defined at Point a of this Clause shall complete the handling of animals or plants which are voluntarily handed over by the owner in the following order of priority:

Reintroducing the animals or plants into their natural habitats, if the animals or plants are healthy and capable of being reproduced;

Delivering the animals or plants to animal salvage facilities; zoos or botanic garden; scientific research, training, or environmental education institutions, or specialized museums to serve research and conservation education;

Destroying the animals or plants if they are diseased or in case the above measures cannot be taken;

c/ Within 3 working days after completing the handling of animals or plants which are voluntarily handed over by owners of ranching facilities, the agency defined at Point a of this Clause shall report the result of handling to the CITES Management Authority of Vietnam and notify such result to the owners of ranching facilities.

Article 18.Registration of codes of ranching facilities for endangered wild fauna and flora species included in Appendices II and III to the CITES

1. Code-issuing agencies

a/ Provincial-level forest protection bodies shall issue codes of ranching facilities for the species included in Appendices II and III to the CITES which are not mentioned at Point b of this Clause;

b/ Provincial-level state management agencies in charge of fisheries shall issue codes of ranching facilities for the fisheries species included in Appendix II to the CITES.

2. A dossier of request for registration of a code for a ranching facility must comprise:

a/ A request for issuance of a code of a ranching facility, made according to Form No. 03 in the Appendix to this Decree;

b/ The original raising plan, made according to Form No. 06, or the original cultivation plan, made according to Form No. 07, in the Appendix to this Decree.

3. Order of receipt of dossiers and issuance of codes

a/ The lawful representative of the owner of a ranching facility shall submit directly or send by post or via the Vietnam National Single Window portal one dossier set prescribed in Clause 2 to the agency defined in Clause 1 of this Article;

b/ Within 5 working days after receiving a valid dossier, the agency defined in Clause 1 of this Article shall issue a code. When finding it necessary to conduct physical inspection of the conditions prescribed in Article 14 or 15 of this Decree, the code-issuing agency shall assume the prime responsibility for, and coordinate with related agencies in, conducting the inspection, ensuring that the time limit for issuance of such code is 30 days;

In case the dossier is invalid, within 3 working days after receiving it, the code-issuing agency shall notify such in writing to the ranching facility;

c/ Within one working day after issuing a code to the ranching facility, the code-issuing agency shall send information thereon to the CITES Management Authority of Vietnam for uploading onto the latter’s portal.

4. A code shall be cancelled in case the ranching facility holding it requests the cancellation by itself; fails to satisfy the ranching conditions; or violates this Decree and relevant regulations.

5. Handling of animals or plants which are voluntarily handed over by owners of ranching facilities to the State

Animals or plants which are voluntarily handed over by owners of ranching facilities to the State shall be handled under Points a and b, Clause 6, Article 17 of this Decree.

Within 3 working days after completing the handling of animals or plants which are voluntarily handed over by owners of ranching facilities, the agencies handling animals or plants shall notify the result of handling to the owners of ranching facilities.

Section 3

EXPORT, IMPORT, RE-EXPORT, INTRODUCTION FROM THE SEA, AND TRANSIT

Article 19.Conditions for export, import, re-export, or introduction from the sea of natural specimens of endangered wild fauna and flora species in the CITES Appendices

1. Having a CITES permit or certificate as prescribed in Article 22 of this Decree.

2. Specimens of the species included in the CITES Appendices which are personal belongings or household items shall be exempted from a CITES permit or certificate when meeting the following conditions:

a/ They are taken for non-commercial purposes;

b/ They are personal belongings or household items;

c/ Their quantity does not exceed the prescribed limit as announced by the CITES Management Authority of Vietnam.

Article 20.Conditions for export, import or re-export of specimens used for breeding, growing or artificial propagation of endangered wild fauna and flora species in the CITES Appendices

1. For specimens of the species included in Appendix I to the CITES:

a/ Having a permit or certificate as prescribed in this Decree;

b/ Having a code issued under Article 17 or 18 of this Decree, for specimens of the animal species of the second- or subsequent-generation offspring which are bred at breeding facilities;

c/ Having a code issued under Article 17 or 18 of this Decree, for specimens of the plant species from artificial propagation facilities.

2. For specimens of the species included in Appendices II and III to the CITES:

a/ Having a permit or certificate as prescribed in this Decree;

b/ Having a code issued under Article 17 or 18 of this Decree, for specimens of the animal species of the first- or subsequent-generation offspring from breeding facilities and specimens of animal species from growing facilities;

c/ Having a code issued under Article 17 or 18 of this Decree, for specimens of the plant species included in Appendices II and III to the CITES which are from artificial propagation facilities.

Article 21.Conditions for transit of living specimens of endangered wild fauna in the CITES Appendices

1. Possessing a CITES permit for export or re-export of specimens, granted by the CITES Management Authority of the exporting country.

2. Sending a copy of the CITES permit for export or re-export of specimens to the CITES Management Authority of Vietnam at least 15 working days before the date transit procedures are carried out.

3. Ensuring safety for humans and animals in transit; ensuring the conditions for care and humane treatment of animals.

Article 22.CITES permits and certificates

1. A CITES permit made according to Form No. 09 in the Appendix to this Decree is required for the export, import, re-export, or introduction from the sea of specimens of endangered wild fauna and flora species in the CITES Appendices and endangered, precious and rare species of forest plants and animals. This permit must bear sufficient information as prescribed, a CITES stamp or a barcode, and signature and seal of the CITES Management Authority of Vietnam.

2. A CITES certificate for export of souvenir specimens made according to Form No. 10 in the Appendix to this Decree is required for souvenir specimens included in the CITES Appendices. This certificate must bear sufficient information as prescribed, and the signature and full name of the owner of a ranching facility.

3. A pre-Convention certificate made according to Form No. 11 in the Appendix to this Decree is required for pre-Convention specimens.

4. The validity period of a permit or certificate for export or re-export of specimens is 6 months at most; and that of an import permit is 12 months at most, counting from the date it is granted.

5. Only one CITES permit or certificate shall be granted and must always accompany the CITES goods lots/specimens.

6. The agency granting CITES permits and pre-Convention certificates is the CITES Management Authority of Vietnam.

7. Processing or trading facilities shall grant CITES certificates for souvenir specimens.

Article 23.Order and procedures for grant of CITES permits for export or re-export of specimens of endangered wild fauna and flora species in the CITES Appendices

1. The CITES Management Authority of Vietnam shall grant CITES permits for export or re-export of specimens.

2. A dossier of application for a permit must comprise:

a/ An application for a permit, made according to Form No. 12 in the Appendix to this Decree;

b/ Copies of documents proving that the specimens are of lawful origin as prescribed in this Decree;

c/ In case of exporting or re-exporting specimens for non-commercial purposes to serve scientific research or diplomatic relations: In addition to the documents specified at Points a and b of this Clause, the dossier must also comprise a copy of the import permit granted by the CITES Management Authority of the importing country, for specimens of the species included in Appendix I to the CITES; a copy of the document on the scientific research cooperation program approved by a competent agency, for specimens serving scientific research; or a competent agency’s written certification of diplomatic donations or gifts, for specimens serving diplomatic relations;

d/ In case of exporting or re-exporting specimens for non-commercial purposes serving exhibitions for non-commercial purposes or circus performances: In addition to the documents specified at Points a and b of this Clause, the dossier must also comprise a copy of a competent agency’s decision sending specimens for display at exhibitions or for circus performances overseas or the letter of invitation issued by a foreign organization; or a copy of the import permit granted by the CITES Management Authority of the importing country, for the specimens included in Appendix I to the CITES;

dd/ In case of exporting or re-exporting hunted specimens: In addition to the document specified at Point a of this Clause, the dossier must also comprise a copy of the document proving the lawful origin of specimens or a copy of the permit or certificate of hunted specimens, granted by a competent authority of the related country;

e/ In case of exporting or re-exporting pre-Convention specimens: In addition to the document specified at Point a of this Clause, the dossier must also comprise a copy of the document proving pre-Convention specimens; or a copy of the CITES import permit, in case of re-export of specimens.

3. Order of receipt of a dossier of application for a permit:

a/ An applicant for a permit for export or re-export of specimens shall submit directly or send by post or via the Vietnam National Single Window portal one dossier set prescribed in Clause 2 of this Article to the CITES Management Authority of Vietnam;

b/ If the dossier is invalid, within 3 working days after receiving it, the CITES Management Authority of Vietnam shall notify such to the applicant;

c/ Within 8 working days after receiving a valid dossier, the CITES Management Authority of Vietnam shall grant a permit. If finding it necessary to consult the CITES Scientific Authority of Vietnam or related authority of the importing country, the CITES Management Authority of Vietnam shall seek consultation, ensuring that the time limit for permit grant is 30 working days;

d/ Within one working day after granting a permit, the CITES Management Authority of Vietnam shall hand over the permit to the applicant and, at the same time, upload the information on the result of dossier processing onto its portal.

Article 24.Order and procedures for grant of a CITES certificate for export of souvenir specimens

1. The CITES Management Authority of Vietnam shall grant certificates to owners of processing or trading facilities.

2. Conditions for a processing or trading facility to be granted a certificate for export of souvenir specimens:

a/ It has a code;

b/ Keeping a book for monitoring processing or trading activities, made according to Form No. 14 in the Appendix to this Decree;

c/ Having paid a certificate printing fee to the CITES Management Authority of Vietnam.

3. A dossier of application for a CITES certificate for export of souvenir specimens must comprise:

a/ An application for a certificate, made according to Form No. 13 in the Appendix to this Decree;

b/ A copy of the book for monitoring processing or trading activities, made according to Form No. 14 in the Appendix to this Decree.

4. Order of receipt of a dossier of application for a CITES certificate for export of souvenir specimens:

a/ A processing or trading facility that applies for a CITES certificate for export of souvenir specimens shall submit directly or send by post or via the Vietnam National Single Window portal one dossier set prescribed in Clause 3 of this Article to the CITES Management Authority of Vietnam;

b/ Within 5 working days after receiving a valid dossier, the CITES Management Authority of Vietnam shall grant a certificate to the applicant.

If the dossier is invalid, within 3 working days after receiving it, the CITES Management Authority of Vietnam shall notify such to the applicant.

5. A CITES certificate for export of souvenir specimens shall be granted only for complete products sold at souvenir shops. Each certificate shall be granted for no more than 4 specimens per customer.

6. Processing or trading facilities shall directly grant CITES certificates for export of souvenir specimens to their customers.

7. Certificate-granting facilities shall submit to the instruction and inspection by the CITES Management Authority of Vietnam and provincial-level specialized state management agencies; report on the use of certificates before December 1 every year and return the unused certificates before January 15 of the subsequent year to the CITES Management Authority of Vietnam.

Article 25.Order and procedures for grant of CITES permits for import of specimens of endangered wild fauna and flora species in the CITES Appendices

1. The CITES Management Authority of Vietnam shall grant CITES import permits.

2. A dossier of application for a permit must comprise:

a/ An application for a permit, made according to Form No. 12 in the Appendix to this Decree;

b/ A copy of the CITES export permit granted by the CITES Management Authority of the exporting or re-exporting country;

c/ For living specimens of animal or plant species which are imported for the first time and not naturally distributed in Vietnam, in addition to the documents mentioned at Points a and b of this Clause, the dossier must also comprise a written certification given by the CITES Scientific Authority of Vietnam of the ranching facility’s eligibility to raise and care for specimens;

d/ In case of importing specimens for non-commercial purposes to serve scientific research or diplomatic relations or for display at exhibitions or circus performances: In addition to the application mentioned at Point a of this Clause, the dossier must also comprise one of the following papers: a copy of the signed scientific research cooperation program approved by a competent agency, in case of scientific research; or a written certification of diplomatic donations or gifts, approved by a competent agency, in case such donations or gifts are for diplomatic purposes; or a copy of the letter of invitation to an exhibition or a circus performance, made by a competent agency, in case specimens are imported for exhibitions for non-commercial purposes or for circus performances;

dd/ In case of importing pre-Convention specimens or hunted specimens: In addition to the document specified at Point a of this Clause, the dossier must also comprise a copy of the document proving the origin of pre-Convention specimens or a copy of the permit or certificate of pre-Convention specimens, granted by the CITES Management Authority of the exporting country, or a copy of the CITES export permit or certificate of hunted specimens, granted by a competent authority of the exporting country, for hunted specimens.

3. Order of receipt of a dossier of application for a permit:

a/ An applicant for an import permit shall submit directly or send by post or via the Vietnam National Single Window portal one dossier set prescribed in Clause 2 of this Article to the CITES Management Authority of Vietnam;

b/ Within 8 working days after receiving a valid dossier, the CITES Management Authority of Vietnam shall grant a permit. If finding it necessary to consult the CITES Scientific Authority of Vietnam or related authority of the exporting country, the CITES Management Authority of Vietnam shall seek consultation, ensuring that the time limit for permit grant is 30 days;

If the dossier is invalid, within 3 working days after receiving it, the CITES Management Authority of Vietnam shall notify such to the applicant;

c/ Within one working day after granting a permit, the CITES Management Authority of Vietnam shall hand over the permit to the applicant and, at the same time, upload the information on the result of dossier processing onto its portal.

Article 26.Order and procedures for grant of CITES permits for introduction from the sea of specimens of endangered wild fauna and flora included in Appendices I and II to the CITES

1. The CITES Management Authority of Vietnam shall grant CITES permits for introduction from the sea of specimens.

2. A dossier of application for a permit must comprise:

a/ An application for a permit for introduction from the sea of specimens, made according to Form No. 15 in the Appendix to this Decree;

b/ A copy certified by the CITES Scientific Authority of Vietnam at the proposal of the CITES Management Authority of Vietnam that the introduction from the sea of a species does not affect the existence of such species in the wild;

c/ The ranching facility’s code or a document proving its eligibility to raise, care for and humanely treat living specimens, for a ranching facility having not yet registered its code;

d/ A document proving that specimens introduced from the sea are not to be used for commercial purposes, for the species included in Appendix I to the CITES.

3. Order of receipt of a dossier of application for a permit:

a/ An applicant for a permit for introduction from the sea of specimens shall submit directly or send by post or via the Vietnam National Single Window portal one dossier set prescribed in Clause 2 of this Article to the CITES Management Authority of Vietnam;

b/ Within 8 working days after receiving a valid dossier, the CITES Management Authority of Vietnam shall grant a permit. If finding it necessary to consult the CITES Scientific Authority of Vietnam, the central specialized management agency in charge of fisheries and related agencies, the CITES Management Authority of Vietnam shall seek consultation, ensuring that the time limit for permit grant is 30 days;

If the dossier is invalid, within 3 working days after receiving it, the CITES Management Authority of Vietnam shall notify such to the applicant;

c/ Within one working day after granting a permit, the CITES Management Authority of Vietnam shall hand over the permit to the applicant and, at the same time, upload the information on the result of dossier processing onto its portal.

Article 27.Order and procedures for grant of CITES certificates for pre-Convention specimens of endangered wild fauna and flora species in the CITES Appendices

1. The CITES Management Authority of Vietnam shall grant CITES certificates for pre-Convention specimens.

2. A dossier of application for a certificate must comprise:

a/ An application for a pre-Convention certificate, made according to Form No. 15 in the Appendix to this Decree;

b/ A copy of the document proving the lawful origin of specimens.

3. Order of receipt of a dossier of application for a CITES certificate for pre-Convention specimens:

a/ An applicant for a CITES certificate for pre-Convention specimens shall submit directly or send by post or via the Vietnam National Single Window portal one dossier set prescribed in Clause 2 of this Article to the CITES Management Authority of Vietnam;

b/ Within 8 working days after receiving a valid dossier, the CITES Management Authority of Vietnam shall grant a certificate. If finding it necessary to consult related agencies, the CITES Management Authority of Vietnam shall seek consultation, ensuring that the time limit for certificate grant is 30 days.

If the dossier is invalid, within 3 working days after receiving it, the CITES Management Authority of Vietnam shall notify such to the applicant.

Article 28.Grant of CITES permits via the Vietnam National Single Window portal

1. Applicants that submit dossiers via the Vietnam National Single Window portal are not required to submit paper dossiers. The composition of a dossier submitted online must comply with Articles 23 thru 27 of this Decree. Documents uploaded onto the portal must be those scanned from the originals.

2. Dossier processing results shall be notified directly or by post or via the Vietnam National Single Window portal.

3. Applicants shall keep the originals of relevant documents prescribed in Articles 23 thru 27 of this Decree for 5 days from the date of dossier submission and produce them to competent agencies upon request.

Section 4

PROCESSING, TRADE, TRANSPORTATION AND STORAGE

Article 29.Processing, trade, advertising and display of specimens of endangered wild fauna and flora species in the CITES Appendices

1. Conditions for processing or trade:

a/ Processing or trading facilities and processing and trading activities for specimens of endangered wild fauna and flora species must comply with this Decree, the laws on environmental protection, plant protection, animal health, and food quality, hygiene and safety, and current regulations of the State;

b/ Specimens are of lawful origin as prescribed in this Decree;

c/ Keeping a book for monitoring processing or trading activities, made according to Form No. 14 in the Appendix to this Decree; and submitting to the inspection by the CITES Management Authority of Vietnam and competent state management agencies as prescribed by law.

2. The following specimens are permitted for processing, trade, advertising or display for commercial purposes:

a/ Specimens of the species included in Appendix II to the CITES which are lawfully harvested from the wild;

b/ Specimens of the bred fauna species included in Appendix I to the CITES which are of the second- or subsequent-generation offspring; bred fauna species included in Appendix II to the CITES which are of first or subsequent generation offspring; and specimens of artificially propagated flora species included in Appendix I to the CITES as prescribed in this Decree;

c/ Confiscated specimens of the species included in Appendix II to the CITES.

3. Products processed from endangered wild fauna and flora in the CITES Appendices which are subject to traceability management:

a/ Organizations and individuals that process endangered wild fauna and flora products shall keep a book for monitoring processing activities, made according to Form No. 14 in the Appendix to this Decree, which must describe input materials and output products of the processing cycle as suitable to the type of processed specimens;

b/ The provincial-level state management agency in charge of fisheries shall inspect the origin and processing of products of endangered wild fisheries species based on the book for monitoring processing activities;

c/ The local forest protection body shall inspect the origin and processing of products of wild fauna and flora in the CITES Appendices in a case other than that prescribed at Point b of this Clause based on the book for monitoring processing activities.

Article 30.Transportation and storage of specimens of wild fauna and flora species in the CITES Appendices

1. The transportation of specimens must satisfy the following conditions:

a/ Having a lawful dossier as prescribed by the laws on management of forest products and fisheries;

b/ Having a certificate of quarantine of animals and animal products in case of transportation of specimens out of a province as prescribed by the laws on animal health and plant protection;

c/ Ensuring safety for living specimens and related persons during the transportation and at specimen-receiving facilities.

2. Stored specimens of endangered wild fauna and flora in the CITES Appendices must be of lawful origin.

Section 5

ASSESSMENT AND HANDLING OF CONFISCATED SPECIMENS

Article 31.Assessment of specimens of endangered wild fauna and flora species in the CITES Appendices

1. Specimens of endangered wild fauna and flora species in the CITES Appendices shall be assessed in the following cases:

a/ When it is necessary to accurately identify species, subspecies or populations of wild fauna and flora for application of appropriate provisions of Vietnam’s law and the CITES;

b/ To serve the investigation, and handling of violations related to endangered wild fauna and flora;

c/ Other cases the CITES Management Authority of Vietnam and competent agencies deem necessary to ensure law observance;

d/ Cases in which the identification of specimens is requested by importing countries.

2. The sampling of specimens of endangered wild fauna and flora species in the CITES Appendices for assessment must comply with Vietnam’s law and the CITES.

3. Assessment expenses shall be paid by owners of specimens or assessment requesters.

4. The CITES Scientific Authority of Vietnam is the agency assessing CITES specimens.

Article 32.Handling of confiscated specimens of endangered wild fauna and flora species in the CITES Appendices

1. The handling of confiscated specimens of living animals or plants must comply with Clause 1, Article 10 of this Decree.

2. Specimens which are confiscated and carry a contagious disease as concluded by quarantine agencies shall be destroyed in accordance with law.

3. Confiscated specimens of foreign origin shall be handled as follows:

a/ The Director of the CITES Management Authority of Vietnam shall consider and decide on the return of specimens to the country of origin, for the specimens included in the CITES Appendices of which the country of origin is identifiable. Expenses for the care, preservation and return of specimens shall be paid by the country of origin that receives back the specimens;

After 30 working days from the date the CITES Management Authority of Vietnam issues a written notice on confiscated specimens to the CITES Management Authority of the country of origin, if the latter gives no reply or refuses to receive back the specimens, such specimens shall be confiscated and handled in accordance with Vietnam’s law;

b/ For confiscated specimens for which no safe places for their storage are available, the specimen-confiscating agency shall make a record of the confiscation and deliver the specimens to the local forest protection body, for specimens of forest plants and animals; to the provincial-level specialized management agency in charge of fisheries, for specimens of aquatic species; to the salvage facility, for living specimens; or to the nearest animal and plant quarantine agency, for handling in accordance with Vietnam’s current law and the CITES.

Section 6

MEASURES TO SECURE IMPLEMENTATION OF THE CITES

Article 33.The CITES Management Authority of Vietnam

1. The Ministry of Agriculture and Rural Development shall define the organizational structure of the CITES Management Authority of Vietnam in compliance with the CITES and Vietnam’s law for the latter to advise and assist the Minister of Agriculture and Rural Development in implementing this Decree.

2. The CITES Management Authority of Vietnam has the legal person status, and a seal and bank account. It has the head office located in Hanoi and representative offices in Central and Southern Vietnam.

3. Functions and tasks of the CITES Management Authority of Vietnam:

a/ To act as Vietnam’s representative to participate in exercising and performing, and ensuring the exercise and performance of, the rights and obligations of Member States to the CITES at conferences of Member States to the CITES;

b/ To assume the prime responsibility for, and coordinate with the CITES Scientific Authority of Vietnam and related agencies and organizations in, implementing the CITES in Vietnam;

c/ To organize international relation activities; and communication about the implementation of the CITES and prevention and combat of illegal trade in endangered wild fauna and flora species;

d/ To translate and publicize lists of endangered wild fauna and flora species included in the CITES Appendices after their modification is approved at conferences of Member States to the CITES; to translate and publicize the CITES guidelines on the sampling of specimens of endangered wild fauna and flora species for assessment;

dd/ To propose modification to the lists of endangered wild fauna and flora species included in the CITES Appendices;

e/ To grant and revoke permits and certificates prescribed in this Decree and give certification at the request of importing countries;

g/ To print and distribute CITES permits and certificates;

h/ To guide, issue and cancel codes of ranching facilities for endangered, precious and rare forest plant and animal species and endangered wild fauna and flora species included in the CITES Appendices; to register with the CITES Secretariat ranching facilities for endangered wild fauna and flora species included in Appendix I to the CITES for commercial purposes which are eligible for export;

i/ To inspect the export, import, re-export, introduction from the sea, and transit of specimens of endangered, precious and rare forest plant and animal species and endangered wild fauna and flora species included in the CITES Appendices at border gates;

k/ To handle, and guide the handling of, confiscated specimens included in the CITES Appendices in accordance with Vietnam’s law and the CITES;

l/ To assume the prime responsibility for, and coordinate with related parties in, organizing training courses on implementation of the CITES for related management authorities, organizations, households and individuals;

m/ To act as Vietnam’s representative in bilateral and multilateral agreements on control of trade in specimens of endangered wild fauna and flora species included in the CITES Appendices.

4. The State shall allocate funds for activities of the CITES Management Authority of Vietnam and encourage organizations, households and individuals at home and abroad to support these activities.

Article 34.The CITES Scientific Authority of Vietnam

1. The Minister of Agriculture and Rural Development shall designate a scientific authority with appropriate professional qualifications and capacity as the CITES Scientific Authority of Vietnam and also notify such to the CITES Secretariat under provisions of the CITES.

2. Functions and tasks of the CITES Scientific Authority of Vietnam:

To advise the CITES Management Authority of Vietnam and related management authorities upon request on the following issues:

a/ Actual state of populations, areas of distribution, and extent of endangerment, preciousness and rareness of endangered wild fauna and flora species; formulation of fishing quotas;

b/ Grant of CITES permits and certificates for export, import, re-export, or transit of specimens of endangered wild fauna and flora species in the CITES Appendices;

c/ Scientific names of fauna and flora species;

d/ Assessment of specimens of wild animals and plants;

dd/ Salvage of and care for living specimens;

e/ Habitats and appropriate areas for release of confiscated wild animals;

g/ Breeding, growing and artificial propagation of wild animal and plant species; appraisal of projects on breeding, growing and artificial propagation of wild animal and plant species;

h/ Promulgation of the list of species that can be bred for commercial purposes.

3. When necessary, the CITES Scientific Authority of Vietnam may be authorized in writing by the CITES Management Authority of Vietnam to inspect breeding, growing and artificial propagation facilities, and export, import, re-export, introduction from the sea, and transit of specimens.

4. The CITES Scientific Authority of Vietnam shall join Vietnam’s working delegations at international meetings, conferences and seminars on CITES implementation.

5. The CITES Scientific Authority of Vietnam shall draft scientific materials and proposals related to CITES implementation; prepare technical reports at the request of the CITES Secretariat; and coordinate with the CITES Management Authority of Vietnam and law enforcement agencies in collecting samples of specimens for assessment upon request.

6. The State shall allocate funds for activities of the CITES Scientific Authority of Vietnam for advising the CITES Management Authority of Vietnam on the management of endangered, precious and rare forest plants and animals and CITES implementation.

Article 35.Publicization of international export quotas; setting of harvest quotas

1. Publicization of international export quotas

a/ The CITES Management Authority of Vietnam shall publicize on the portals of the Government and Ministry of Agriculture and Rural Development export quotas announced by the CITES Secretariat, for the species regulated by international export quotas;

b/ International export quotas shall be used to determine the quantity and volume of specimens of a harvested species.

2. Setting of harvest quotas

Upon receiving a request for harvest of specimens of a species regulated by export quota under the CITES, the CITES Management Authority of Vietnam shall consult the CITES Scientific Authority of Vietnam on the harvest capacity in order to decide on the setting of harvest quotas.

In case it is certified by the CITES Scientific Authority of Vietnam that the harvest of a species is likely to adversely impact the existence of such species in the wild, no harvest quota shall be set.

In case it is certified by the CITES Scientific Authority of Vietnam that the harvest of a species will not adversely impact the existence of such species in the wild, the CITES Management Authority of Vietnam shall coordinate with the CITES Scientific Authority of Vietnam in setting a harvest quota as instructed under the CITES.

Article 36.Revocation or return of CITES permits or certificates

1. The CITES Management Authority of Vietnam may revoke a permit or certificate in the following case:

a/ The permit or certificate is granted in contravention of regulations;

b/ The permit or certificate is used for improper purposes;

c/ The permit or certificate holder violates the law on management and protection of endangered, precious and rare forest plants and animals and violates the CITES.

2. Return of an expired permit or certificate:

a/ Within 10 days from the date of expiration of a permit or certificate, its holder shall return such permit or certificate to the CITES Management Authority of Vietnam;

b/ The CITES Management Authority of Vietnam may refuse to grant another permit or certificate in case the holder of the expired permit or certificate fails to return it.

Article 37.Counting and storage of confiscated specimens of endangered wild fauna and flora species in the CITES Appendices

1. Before December 31 every year, the Ministry of Finance shall provide information and data on specimens of endangered wild fauna and flora species in the CITES Appendices in accordance with the law on management and use of public property which are stored by the Ministry’s attached units to the Ministry of Agriculture and Rural Development for reporting at conferences of Member States to the CITES under provisions of the CITES.

2. Information details to be provided include data on the quantity and volume of currently stored specimens by type, and origin of specimens.

3. The CITES Management Authority of Vietnam shall summarize reports on the quantity of currently stored specimens of endangered wild fauna and flora species in the CITES Appendices at the request of the CITES Secretariat.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 38.Responsibility for management of facilities breeding, growing or artificially propagating endangered, precious and rare forest plant and animal species and endangered wild fauna and flora species in the CITES Appendices

1. Provincial-level forest protection bodies shall manage and inspect facilities breeding, growing or artificially propagating endangered, precious and rare forest plant and animal species and endangered wild fauna and flora species in the CITES Appendices other than those mentioned in Clause 2 of this Article.

2. Provincial-level state management agencies in charge of fisheries shall manage and inspect facilities breeding, growing or artificially propagating aquatic species in the CITES Appendices.

3. Provincial-level forest protection bodies or specialized management agencies in charge of fisheries shall manage, monitor, and update information after each inspection in a book for monitoring animal raising facilities, made according to Form No. 16, or a book for monitoring plant cultivation facilities, made according to Form No. 17, in the Appendix to this Decree.

Monitoring books shall be stored in both hard and soft copies.

Agencies issuing codes to and agencies controlling ranching facilities shall encourage these facilities to send electronic reports on their operation.

4. The management agencies defined in Clauses 1 and 2 of this Article shall update information following each inspection and send reports (made according to Form No. 18 in the Appendix to this Decree) to provincial-level Departments of Agriculture and Rural Development and the CITES Management Authority of Vietnam for updating data to serve management work in each period before November 30 every year, and coordinate with the CITES Management Authority of Vietnam and related agencies in inspecting facilities raising or cultivating the species included in Appendices I and II to the CITES. The inspection shall be conducted in each stage of the lifecycle of the raised or cultivated species.

5. Inspection reports shall be made according to Forms No. 19, No. 20, No. 21 and No. 22 in the Appendix to this Decree.

Article 39.Responsibilities of related agencies in controlling the export, import,
re-export, and introduction from the sea of specimens of endangered, precious and rare forest plant and animal species and endangered wild fauna and flora species in the CITES Appendices

1. Customs offices shall certify the quantity of specimens actually exported or re-exported in the permits or certificates prescribed in Article 22 of this Decree which are granted by the CITES Management Authority of Vietnam; return export or re-export permits to exporters for enclosing them with goods; write codes and dates of issuance of permits or certificates in customs declarations; and send copies of permits or certificates already certified in each quarter to the CITES Management Authority of Vietnam in the first week of the subsequent quarter.

For imported specimens, customs offices shall certify the quantity of actually imported specimens in import permits, then collect and archive these permits; write codes and dates of issuance of permits or certificates in customs declarations; return export or re-export permits granted by exporting countries to importers; and send copies of import permits or certificates already certified in each quarter to the CITES Management Authority of Vietnam within the first week of the subsequent quarter.

2. Within the ambit of their functions and tasks, forest protection bodies, fisheries agencies, customs offices, public security agencies, border guards, tax offices, market surveillance agencies, animal health agencies, animal quarantine agencies, plant quarantine agencies, environmental protection agencies, and biodiversity conservation agencies shall:

a/ Carry out inspection and examination, and handle violations related to the management of export, import, re-export, transit, introduction from the sea, breeding, growing, and artificial propagation of specimens of endangered, precious and rare forest plant and animal species and endangered wild fauna and flora species in the CITES Appendices; and raising of ordinary forest animals;

b/ Provide information to and coordinate with the CITES Management Authority of Vietnam in handling violations related to the export, import, re-export, transit, or introduction from the sea of specimens of endangered, precious and rare forest plant and animal species and endangered wild fauna and flora in the CITES Appendices as required by the CITES.

Chapter V

IMPLEMENTATION PROVISIONS

Article 40.Effect

1. This Decree takes effect on March 10, 2019.

2. On the date this Decree takes effect, the following documents cease to be effective:

a/ The Government’s Decree No. 32/2006/ND-CP of March 30, 2006, on the management of endangered, precious and rare forest plants and animals;

b/ The Government’s Decree No. 82/2006/ND-CP of August 10, 2006, on the management of the export, import, re-export, introduction from the sea, transit, breeding, growing, and artificial propagation of endangered, precious and rare wild fauna and flora species;

c/ Article 5 of the Government’s Decree No. 98/2011/ND-CP of October 26, 2011, amending and supplementing a number of articles of the decrees on agriculture;

d/ Chapter IV of the Government’s Decree No. 66/2016/ND-CP of July 1, 2016, prescribing business investment conditions regarding plant protection and quarantine; plant varieties; raising of ordinary forest animals; animal husbandry; fisheries; and food;

dd/ The Minister of Agriculture and Rural Development’s Circular No. 47/2012/TT-BNNPTNT of September 25, 2012, prescribing the management of harvest from the wild and raising of ordinary forest animals;

e/ The Minister of Agriculture and Rural Development’s Circular No. 16/2007/TT-BNNPTNT of February 14, 2007, guiding the management and use of certificates for export of souvenir specimens included in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

g/ The Minister of Agriculture and Rural Development’s Decision No. 95/2008/QD-BNN of September 29, 2008, promulgating the Regulation on management of raised bears.

3. For species on the List of endangered, precious and rare forest plants and animals and also on the List of endangered, precious and rare species prioritized for protection, the management regime prescribed in this Decree shall apply, except the harvest of species for creation of initial breeds or varieties to serve scientific research.

4. The export, re-export, import, temporary import for re-export, temporary export for re-import, introduction from the sea, and transit of CITES specimens must comply with this Decree.

Article 41.Transitional provisions

1. Owners of non-commercial ranching facilities established before the effective date of this Decree shall, within 3 (three) months from the date this Decree takes effect, make a book for monitoring animal raising activities according to Form No. 16, or a book for monitoring plant cultivation facilities according to Form No. 17, in the Appendix to this Decree, make entries into such books, store the books, and send them to competent agencies for grant of codes of ranching facilities.

2. Biodiversity conservation facilities that have been granted certificates of biodiversity conservation facilities by provincial-level People’s Committees shall make a book for monitoring raised animals or a book for monitoring specimens of artificially propagated plants, and send the book to the agency granting codes of ranching facilities in accordance with this Decree.

3. Organizations and individuals that submit dossiers of application for permits or certificates, or get their requests for transit of specimens approved before the effective date of this Decree without having such dossiers processed by competent agencies shall comply with this Decree.

4. Organizations and individuals that submit dossiers of request for registration of breeding, growing or artificial propagation facilities without having such dossiers processed by competent agencies shall comply with this Decree.

Article 42.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The List and Appendix promulgated together with this Decree are not translated.