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

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 andsupplement 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.”

13. To amend and supplement Point c, Clause 1, Article 20 as follows:

“c/Having a code issued under Article 17 of this Decree, for specimens of exported plants from ranching facilities.”

14. To amend and supplement Point b, Clause 2, Article 20 as follows:

“b/ Having a code issued under Article 18 of this Decree, for specimens of exported animals of F1 or subsequent filial generations from ranching facilities.”

15. To amend and supplement Point c, Clause 2, Article 20 as follows:

“c/ Having a code issued under Article 18 of this Decree, for specimens of exported plants included in Appendices II and III to the CITES which are from ranching facilities.”

16. To amend and supplement Clause 1, Article 22 as follows:

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

17. To amend and supplement Point c, Clause 2, Article 25 as follows:

“c/ For living specimens of wild fauna species which are imported for raising, in addition to the documents mentioned at Points a and b of this Clause, exporters must satisfy the requirements specified in Clause 2, Article 14, or Point b, Clause 1, Article 15, of this Decree.”

18. To amend and supplement Point b, Clause 3, Article 25 as follows:

“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 a related authority of the exporting country, the CITES Management Authority of Vietnam shall seek consultation but the time limit for grant of a permit must not exceed 22 working 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.”

19. To amend and supplement Clause 3, Article 28 as follows:

“3. Applicants shall retain the originals of relevant documents prescribed in Articles 23 thru 27 of this Decree for 5 years from the date of dossier submission and produce them to functional agencies upon request.”

20. To amend and supplement Point a, Clause 3, Article 32 as follows:

“a/ In case a recipient returns specimens to the country of origin, or refuses to receive the imported shipment of specimens, the CITES Management Authority of Vietnam shall grant a permit for the re-export of such specimens to the exporting country in accordance with the CITES and Vietnam’s law.

Within 30 working days from the date the CITES Management Authority of Vietnam issues a written notice on violating specimens to the CITES Management Authority of the country of origin, if the latter refuses to receive back the specimens, gives no reply, or fails to perform its obligations prescribed in the CITES, such specimens shall be handled in accordance with the law on management of public assets, and the following principles:

Specimens included in Appendix I to the CITES may only be used for the purposes of scientific research, display for environmental education, and training of law execution, or stored or destroyed in accordance with law.

Specimens included in Appendices II and III to the CITES may be sold through auction to organizations and individuals for use for non-commercial purposes.”

21. To add Clause 5 to Article 40 as follows:

“5. The regime for management and raising of wild fauna species specified at Point dd, Clause 29, Article 3 of this Decree is the same as that applicable to ordinary forest animals.”

22.To replace the List of endangered, precious and rare forest plants and animals promulgated together with Decree No. 06/2019/ND-CP with the List of endangered, precious and rare forest plants and animals provided in Appendix I to this Decree.

23.To replace Form No. 08 (Codes of ranching facilities), Form No. 09 (Form of CITES permit), and Forms No. 04 and 06 (Raising plans) promulgated together with Decree No. 06/2019/ND-CP with the Form of codes of ranching facilities provided in Appendix II, the Form of CITES permit provided in Appendix III, and the Form of raising plans provided in Appendix IV to this Decree, respectively.

Article 2.Effect

This Decree takes effect on November 30, 2021.

Article 3.Transitional provisions

1. Organizations and individuals that have submitted dossiers of request for grant of codes of ranching facilities before the effective date of this Decree, that, however, have not been granted the codes by competent agencies, shall comply with Decree No. 06/2019/ND-CP.

2. For ranching facilities subject to registration of codes under this Decree, their owners shall, within 6 months after the effective date of this Decree, formulate dossiers of request for grant of codes of ranching facilities and send such dossiers to competent agencies in accordance with Decree No. 06/2019/ND-CP.

Article 4.Implementation responsibility

1. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment and related agencies in, promulgating the List of wild fauna species specified at Point dd, Clause 29, Article 3 of Decree No. 06/2019/ND-CP before November 30, 2021, and review and adjust such List once every 3 years, or when necessary.

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

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE VAN THANH

* Appendices II, III and IV to this Decree are not translated.

Appendix I

List of endangered, precious and rare forest plants and animals

(To the Government’s Decree No. 84/2021/ND-CP of September 22, 2021)

GROUP I

IA

IB

GROUP II

IIA

IIB