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THE GOVERNMENT
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SOCIALIST REPUBLIC
OF VIET NAM
Independence-Freedom-Happiness
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No.: 84/2021/ND-CP
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Hanoi, September
22, 2021
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DECREE
AMENDMENTS TO GOVERNMENT’S DECREE NO. 06/2019/ND-CP
DATED JANUARY 22, 2019 ON MANAGEMENT OF ENDANGERED, RARE AND PRECIOUS SPECIES
OF FOREST FAUNA AND FLORA AND OBSERVATION OF CONVENTION ON INTERNATIONAL TRADE
IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA
Pursuant to the Law on
Government Organization dated June 19, 2015 and the Law on Amendments to the
Law on Government Organization and the Law on Local Government Organization
dated November 22, 2019;
Pursuant to the Law on
Forestry dated November 15, 2017;
Pursuant to the Law on
Fisheries dated November 21, 2017;
At the request of the
Minister of Agriculture and Rural Development;
The Government promulgates
a Decree providing amendments to the Government’s Decree No. 06/2019/ND-CP
dated January 22, 2019 on management of endangered, rare and precious species
of forest fauna and flora and observation of the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES).
Article
1. Amendments to Government’s Decree No. 06/2019/ND-CP dated January 22, 2019
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“6. derivative of an
animal or plant means any form of substances extracted from that animal or
plant, including blood, fluids, bile and fat of animal or resin, essential oil
and concentrates of plant.”
2. Clause
11 Article 3 is amended as follows:
“11. for non-commercial
purpose means any activities serving foreign affairs, scientific research,
preservation breeding, ornamental breeding, salvage, exchange among zoos,
arboreta and museums; exhibitions; circus performance; exchange and return of
specimens among CITES management authorities".
3. Clause
18 Article 3 is amended as follows:
“18. ranching means
the rearing in a controlled environment of animals taken as juveniles, eggs and
embryos from the wild.”
4. Clause
29 is added to Article 3 as follows:
“29. wild animals and
plants means animals and plants that live or grow in natural or artificial
habitats or those reared or grown in controlled environments but they are not
considered as domestic animals as defined in the Law on Husbandry, and are one
of the following species:
a) Endangered, precious and
rare species of fauna and flora prioritized for protection;
b) Endangered, precious and
rare species of forest fauna and flora;
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d) Normal species of
forest fauna;
dd) Other terrestrial animals
in the class of aves, mammalian, reptilian or amphibian, except certain species
in the lists announced by the Ministry of Agriculture and Rural Development in
cooperation with the Ministry of Natural Resources and Environment and relevant
agencies.”
5. Clause
3 Article 9 is abrogated.
6. Clause
1 Article 14 is amended as follows:
“1. There are rearing/raising
plans made using Form No. 04, Form No. 05, Form No. 06 and Form No. 07 in
Appendix enclosed with this Decree.”
7. Clause
4 Article 14 is amended as follows:
“4. The raising facility must
prepare logbooks of raised or grown animals or plants using Form No. 16 or Form
No. 17 in Appendix enclosed with this Decree; submit periodic reports and bear the
supervision of CITES Management Authority of Vietnam, and provincial fisheries
authorities, forestry authorities and environment authorities”.
8. Point
c Clause 1 Article 15 is amended as follows:
“c) Wild animals in CITES
Appendices in the class of mammalian, aves or reptilian which are first
registered for rearing at the facility must be subject to a certification
granted by CITES Scientific Authority of Vietnam that the captive breeding or
ranching of such animals shall not adversely influence the existence of species
of domestic animals and other relevant species in the natural environment
according to the following procedures:
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Within 15 working days from
the receipt of the written request from the code issuing authority, CITES
Scientific Authority of Vietnam shall give a certification that whether or not
the captive breeding or ranching of such animals adversely influences the
existence of species of domestic animals and other relevant species in the
natural environment.”
9. Clause
3 Article 15 is amended as follows:
“3. The raising facility must
prepare logbooks of raised or grown animals or plants using Form No. 16 or Form
No. 17 in Appendix enclosed with this Decree; submit periodic reports and bear
the supervision of CITES Management Authority of Vietnam, and provincial
fisheries authorities, forestry authorities and environment authorities”.
10. Clause
2 Article 16 is amended as follows:
“2. Form of code of the
raising facility is stipulated in Form No. 08 (Code of raising facility) in the
Appendix enclosed with this Decree.”
11. Point
c Clause 2 Article 19 is amended as follows:
“c) The quantity does not
exceed the one stipulated in CITES. CITES Management Authority of Vietnam shall
assume responsibility to translate and announce according to CITES.”
12. Point
b Clause 1 Article 20 is amended as follows:
“b) Specimens of exported
animals of F2 hybrid or subsequent generations were born in raising facilities
granted codes according to Article 17 of this Decree.”
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“c) Specimens of exported
plants are generated from raising facilities granted codes according to Article
17 of this Decree.”
14. Point
b Clause 2 Article 20 is amended as follows:
“b) Specimens of exported
animals of F1 hybrid were born in the raising facilities granted code according
to Article 18 of this Decree.”
15. Point
c Clause 2 Article 20 is amended as follows:
“c) Specimens of exported
plants included in Appendix II and Appendix III of CITES are generated from
raising facilities granted codes according to Article 18 of this Decree.”
16. Clause
1 Article 22 is amended as follows:
“1. CITES permit as
prescribed in Form No. 09 in the Appendix enclosed with this Decree shall be
used for exporting, importing, re-exporting, introduction from the sea of specimens
of endangered species of wild fauna and flora in CITES Appendices; exporting
specimens of endangered, precious and rare species of forest fauna and flora.
CITES permit must include adequate information, bears CITES stamp or is
encoded, signed and bears the seal of CITES Management Authority of Vietnam.”
17. Point
c Clause 2 Article 25 is amended as follows:
“c) In case of import of
alive specimens of wild fauna for raising, in addition to the required
documents specified in Points a, b of this Clause, the conditions set out in
Clause 2 Article 14 or Point b Clause 1 Article 15 of this Decree must be
satisfied.”
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“b) Within 08 working days
from the receipt of the valid application, CITES Management Authority of
Vietnam shall consider issuing the permit. If opinions from CITES
Scientific Authority of Vietnam or other relevant authorities of the exporting
country are required, CITES Management Authority of Vietnam shall organize the
collection of opinions from such authorities provided that the permit must be
issued within a maximum period of 22 working days.
If the application is
invalid, within 03 working days from the receipt of the application, CITES
Management Authority of Vietnam shall give a notification to the
applicant."
19. Clause
3 Article 28 is amended as follows:
“3. The applicant shall
retain the originals of relevant documents as prescribed in Article 23, Article
24, Article 25, Article 26 and Article 27 of this Decree for 05 years from the
application submission date and present them at the request of competent
authorities.“
20. Point
a Clause 3 Article 32 is amended as follows:
“a) If the relevant entity
returns specimens to the country of origin or refuses to receive the import
shipment, CITES Management Authority of Vietnam shall consider issuing a permit
to re-export specimens to the exporting country in accordance with the
provisions of CITES and the law of Vietnam.
Within 30 working days from
the day on which CITES Management Authority of Vietnam notifies CITES
Management Authority of the country of origin in writing of the violating
specimens, if CITES Management Authority of the country of origin refuses to
receive returned specimens or gives no response or fails to fulfill its
obligations as prescribed in CITES, such specimens shall be handled in
accordance with regulations of the law on management of public property and the
following rules:
Specimens in Appendix I of
CITES shall be only used for scientific research, environmental education
exhibition, training, drills, law enforcement or stored or destructed in
accordance with regulations of law.
Specimens in Appendix II or
III of CITES may be sold at auction for non-commercial purposes.”
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“5. Policies for management
and raising of wild animals specified in Point dd Clause 29 Article 3 of this
Decree shall be same as those for normal forest animals.”
22. The
list of endangered, precious and rare species of forest fauna and flora enclosed
with the Decree No. 06/2019/ND-CP is replaced with the list of endangered,
precious and rare species of forest fauna and flora in Appendix I enclosed with
this Decree.
23. Form
No. 08 (Code of raising facility), Form No. 09 (Specimen of CITES permit), Form
No. 04 and Form No. 06 (Raising plan) enclosed with the Decree No.
06/2019/ND-CP are respectively replaced with Form of code of raising facility
in Appendix II, Specimen of CITES permit in Appendix III, and Specimen of
raising plan in Appendix IV enclosed with this Decree.
Article
2. Effect
This Decree comes into force
from November 30, 2021.
Article
3. Transition
1. Applications
for code of raising facility which have been submitted before the effective
date of this Decree but are not yet processed by competent authorities shall be
processed in accordance with the provisions of Decree No. 06/2019/ND-CP.
2. The
owners of the raising facilities that are required to apply for code of raising
facility as prescribed in this Decree shall, within 06 months from the
effective date of this Decree, submit applications for code of raising facility
to competent authorities as prescribed in Decree No. 06/2019/ND-CP.
Article
4. Responsibility for implementation
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2. Ministers,
heads of ministerial agencies, heads of Governmental agencies, Chairpersons of
People’s Committees of provinces and central-affiliated cities and relevant
agencies, organizations and individuals shall be responsible for the
implementation of this Decree./.
ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Van Thanh