Decree 84/2021/ND-CP amending Decree 06/2019/ND-CP on management of endangered, precious and rare forest plants and animals

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Decree No. 84/2021/ND-CP dated September 22, 2021 of the Government amending and supplementing a number of articles of the Government’s Decree No. 06/2019/ND-CP of January 22, 2019, 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
Issuing body: GovernmentEffective date:
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Official number:84/2021/ND-CPSigner:Le Van Thanh
Type:DecreeExpiry date:Updating
Issuing date:22/09/2021Effect status:
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Fields:Natural Resources - Environment

SUMMARY

To amend conditions for raising of endangered wild fauna and flora species

On September 22, 2021, the Government issues the Decree No. 84/2021/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 06/2019/ND-CP of January 22, 2019, 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.

Accordingly, to amend and supplement provisions on conditions for raising or cultivation of endangered wild fauna and flora species in the CITES Appendices for commercial purposes. Specifically, for wild fauna species in the CITES Appendices of the classes of mammals, birds and reptiles that are registered for breeding for the first time in ranching facilities, written certification of the CITES Scientific Authority of Vietnam that the breeding or growing does not affect the existence of the raised species and related species in the wild is required.

Within 2 working days after receiving a dossier of registration for a ranching facility’s code, a code-issuing agency specified in this Decree shall send a written request for certification to the CITES Scientific Authority of Vietnam. Within 15 working days after receiving the code-issuing agency’s written request, the CITES Scientific Authority of Vietnam shall reply in writing and certify whether or not the breeding or growing affects the existence of the raised species and related species in the wild.

Besides, the duration for grant of CITES permits for import of specimens of endangered wild fauna and flora species in the CITES Appendices in case of consulting the CITES Scientific Authority of Vietnam or related authority of the exporting country is shorten from 30 days to 22 working days.

This Decree takes effect on November 30, 2021.

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TTXVN

THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 84/2021/ND-CP

 

Hanoi, September 22, 2021

 

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 06/2019/ND-CP of January 22, 2019, 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; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 15, 2017 Law on Forestry;

Pursuant to the November 21, 2017 Law on Fisheries;

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

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 06/2019/ND-CP of January 22, 2019, 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.

 

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 06/2019/ND-CP of January 22, 2019, 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. To amend and supplement Clause 6, Article 3 as follows:

“6. Derivatives of animal and plant species means all types of material derived from animals and plants, including blood, musk, fluid, bile and fat of animals; sap, essential oil or extracts of plants.”

2. To amend and supplement Clause 11, Article 3 as follows:

“11. Non-commercial activity means an activity serving diplomatic relations, scientific research, conservation breeding, pet raising, salvage, and 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.”

3. To amend and supplement Clause 18, Article 3 as follows:

“18. Growing means the raising of premature animals, eggs or embryos of wild fauna species into individual baby animals in a controlled environment.”

4. To add Clause 29 to Article 3 as follows:

“29. Wild fauna and flora are fauna and flora species that live and develop in natural or artificial habitats or are bred or planted in a controlled environment but not domestic ones in accordance with the law on animal husbandry, and fall into one of the following cases:

a/ Endangered, precious and rare species of fauna and flora prioritized for protection;

b/ Endangered, precious and rare species of forest plants and animals;

c/ Endangered wild fauna and flora species in the CITES Appendices; 

d/ Ordinary forest animal species;

dd/ Other terrestrial animal species of the classes of birds, mammals, reptiles and amphibians, except several species on the List promulgated by the Ministry of Agriculture and Rural Development in coordination with the Ministry of Natural Resources and Environment and related agencies.”

5. To annul Clause 3, Article 9.

6. To amend and supplement Clause 1, Article 14 as follows:

“1. Having a raising or cultivation plan, made according to Form No. 04, No. 05, No. 06 or No. 07 provided in the Appendix to this Decree.”

7. To amend and supplement Clause 4, Article 14 as follows:

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

8. To amend and supplement Point c, Clause 1, Article 15 as follows:

“c. For wild fauna species in the CITES Appendices of the classes of mammals, birds and reptiles that are registered for breeding for the first time in ranching facilities, written certification of the CITES Scientific Authority of Vietnam that the breeding or growing does not affect the existence of the raised species and other related species in the wild is required; such certification shall be made according to the following order:

Within 2 working days after receiving a dossier of registration for a ranching facility’s code, a code-issuing agency specified in this Decree shall send a request for certification to the CITES Scientific Authority of Vietnam.

Within 15 working days after receiving the code-issuing agency’s request, the CITES Scientific Authority of Vietnam shall reply in writing and certify whether or not the breeding or growing affects the existence of the raised species and other related species in the wild.”

9. To amend and supplement Clause 3, Article 15 as follows:

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

10. To amend and supplement Clause 2, Article 16 as follows:

“2. The format of ranching facilities’ codes is prescribed in Form No. 8 (Codes of ranching facilities) provided in the Appendix to this Decree.”

11. To amend and supplement Point c, Clause 2, Article 19 as follows:

“c/ Their quantity does not exceed the limit prescribed by the CITES. The CITES Management Authority of Vietnam shall translate and promptly announce relevant regulations in accordance with the CITES.”

12. To amend and supplement Point b, Clause 1, Article 20 as follows:

“b/ Having a code issued under Article 17 of this Decree, for specimens of exported animals of F2 or subsequent filial generations from ranching facilities.”

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[1] Công Báo Nos 289-830 (30/9/2021)

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