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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No. 82/2006/ND-CP
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Hanoi,
August 10, 2006
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DECREE
ON MANAGEMENT OF EXPORT, IMPORT, RE-EXPORT, INTRODUCTION
FROM THE SEA, TRANSIT, BREEDING, REARING AND ARTIFICIAL PROPAGATION OF
ENDANGERED SPECIES OF PRECIOUS AND RARE WILD FAUNA AND FLORA
THE
GOVERNMENT
DECREES:
Chapter I
GENERAL
PROVISIONS
Article 1.- Governing scope and
application subjects
1. Governing scope
This Decrees provides for the export, import, re-export,
introduction from the sea, transit, breeding, rearing, artificial culture of
endangered precious and rare wild fauna and flora species (including hybrid
species), including:
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b/ The specimens of endangered species of precious and rare
wild fauna and flora as provided for by Vietnamese law.
2. Subjects of application
This Decree shall apply to state agencies, domestic
organizations, households and individuals, foreign organizations and
individuals, overseas Vietnamese, that are involved in the export, import,
re-export, introduction from the sea, transit, breeding, rearing, artificial
propagation of specimens of endangered species of precious and rare wild fauna
and flora in the Vietnamese territory.
In cases where treaties to which the Socialist Republic of
Vietnam is a contracting party contain provisions different from the provisions
of this Decree, the provisions of such treaties shall apply.
Article 2.- Interpretation of terms
In this Decree, the following terms shall be construed as
follows:
1. Species are used to indicate any species, class or
population of geographically separated fauna or flora.
2. Hybrid species are the outcomes of mating or grafting of
two species or two classes of fauna or flora.
3. CITES permits, CITES certificates are papers issued by
CITES Management Authority of Vietnam for export, import, re-export,
introduction from the sea of specimens of fauna and/or flora species defined in
Appendices to CITES.
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5. Appendices to CITES include:
a/ Appendix I is the list of wild fauna and flora species
which are in danger of extinction and the natural specimens of which are banned
from export, import, re-export, introduction from the sea and transit for
commercial purposes.
b/ Appendix II is the list of wild fauna and flora species
which are yet in danger of extinction but may be subject to extinction if the
export, import, re-export, introduction from the sea and transit of the natural
specimens thereof for commercial purposes are not controlled.
c/ Appendix III is the list of wild fauna and flora species
the export, import or re-export of which is controlled as requested by a member
country of the CITES Convention in combination with other CITES member
countries for commercial purposes.
6. Endangered precious and rare fauna and flora species under
the provisions of Vietnamese law shall include:
a/ Group I is the list of fauna and flora species of special
scientific or environmental value or high economic value, with only few
populations existing in nature or being in high danger of extinction; which are
strictly banned from exploitation or use for commercial purposes.
b/ Group II is the list of wild fauna and flora species of
scientific or environmental values or high economic value, with few groups
existing in nature or being in high danger of extinction; which are subject to
restriction on exploitation and use for commercial purposes.
7. Specimens of wild fauna or flora species (hereinafter called
specimens) means living or dead wild animals or plants, parts or derivatives
thereof, which are easily recognized as having originated from wild animals or
plants.
8. Activities for commercial purposes mean activities of
exchanging goods or services or promoting trade in specimens of wild fauna
and/or flora species for profits.
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10. Introduction from the sea means the introduction into the
Vietnamese territory of specimens of wild fauna and/or flora species defined in
Appendices to CITES, which are exploited from sea areas not under the jurisdiction
of any state.
11. Re-export means the export of previously imported
specimens.
12. The controlled environment means the environment managed
by humans for the purposes of creating purebred species or hybrid plants or
animals, satisfying the conditions to prevent the encroachment or dispersion of
fauna, flora, eggs, gametes, zygotes, seeds, sprouts, genes, epidemics out of
or into such environment.
13. Rearing farms are places where natural broods and eggs of
wild fauna species are kept for growth or hatchery into individual animals in a
controlled environment.
14. Breeding farms are places where wild animals are raised in
captivity for reproducing animals of successive generations in a controlled
environment.
15. Artificial propagation establishments are places where
wild plants are grown from seeds, zygotes, sprouts, grafts or by other
propagation methods in a controlled environment.
16. Reproductive breeds are individual animals initially
raised in breeding farms to reproduce individuals of successive generations.
The exploitation of reproductive breed sources must not affect the survival of
such species in nature.
17. Individuals of F1 generation means those reproduced in a
controlled environment where at least their fathers or mothers are exploited
from the nature or zygotes are formed from the nature.
18. Individuals of F2 generation or successive generations
mean those reproduced in a controlled environment by fathers and mothers, which
were reproduced from a controlled environment.
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20. Souvenir specimens means personal items or household
utensils acquired outside the country of specimen owners’ residence. Specimens
being living animals shall not be regarded as souvenirs.
21. Hunting specimens are those acquired from lawful hunting.
22. Pre-convention specimens are those defined in Appendices
to CITES, which are acquired before such species were included in the
Appendices to CITES. The date of acquiring specimens shall fall into one of the
following cases:
a/ The specimens are taken out of their habitats.
b/ The specimens are reproduced in controlled environments.
c/ The owners possess the lawful ownership of the specimens.
23. Member countries mean nations where CITES takes effect.
Chapter II
EXPORT,
IMPORT, RE-EXPORT, TRANSIT AND INTRODUCTION FROM THE SEA
OF SPECIMENS
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1. Prohibiting the export, import, re-export, introduction
from the sea of the specimens defined in the Appendices to CITES for commercial
purposes.
2. Possessing CITES permits, CITES certificates as provided
for in Clauses 1, 2 and 3, Article 15 of this Decree when:
a/ Exporting, importing, re-exporting the specimens defined in
Appendix I to CITES not for commercial purposes, the specimens defined in
Appendices II and III to CITES, the pre-Convention specimens.
b/ Introducing from the sea the specimens defined in Appendix
I to CITES not for commercial purposes, the specimens defined in Appendix II to
CITES.
3. Specimens being personal items, household utensils shall be
exempt from CITES permits, CITES certificates when satisfying the following
conditions:
a/ The specimens are used not for commercial purposes.
b/ At the time of export or import, they are carried along by
people or are parts of household utensils upon movement from country to
country.
c/ Their quantity does not exceed the limits set by CITES,
applicable to a number of species of wild animals and plants.
Article 4.- Conditions on export,
import, re-export of specimens of breeding, rearing, artificial propagation,
which are defined in the Appendices to CITES
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2. Exporting the specimens defined in Appendix I to CITES and
having originated from breeding, artificial propagation, which must satisfy the
following conditions:
a/ Fauna specimens of generation F2 onward, which are
reproduced in rearing farms registered under the provisions of Clause 1,
Article 11 of this Article.
b/ Flora specimens from artificial propagation establishments
already registered under the provisions of Clause 1, Article 11 of this Decree.
c/ The specimens must be marked under the guidance of CITES
Management Authority of Vietnam.
3. The export of specimens defined in Appendices II and III to
CITES and having originated from breeding, rearing, artificial propagation must
satisfy the following conditions:
a/ For specimens of bred animals: The specimens of animals of
F1 generation onward, which were reproduced at rearing farms already registered
under the provisions of Clause 2, Article 11 of this Decree.
b/ For specimens of reared animals: The specimens from
rearing farms already registered under the provisions of Clause 2, Article 11
of this Decree.
c/ For specimens of artificially propagated plants: The
specimens of plants from artificial propagation establishments already
registered under the provisions of Clause 2, Article 11 of this Decree.
Article 5.- Conditions on export of
endangered precious and rare specimens from nature, as provided for by
Vietnamese law, not defined in the Appendices to CITES
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2. Possessing the permits defined in Clause 4, Article 15 of
this Decree upon the export of specimens of endangered precious and rare wild
fauna species not for commercial purposes; specimens of endangered precious and
rare forest flora species of Group I-A not for commercial purposes; specimens
(excluding wood products) of endangered precious and rare forest flora species
of Group II-A.
3. The export of wood products shall comply with Decree No.
12/2006/ND-CP of January 23, 2006, detailing the implementation of the
Commercial Law regarding activities of international trade in goods and
activities of goods sale and purchase agency, processing and transit with
foreign countries.
Article 6.- Conditions on export of
endangered precious and rare specimens prescribed by Vietnamese law, not
defined in the Appendices to CITES and having originated from breeding,
rearing, artificial propagation
1. Possessing the permits defined in Clause 4, Article 15 of
this Decree upon the export of endangered precious and rare specimens
prescribed by Vietnamese law and having originated from breeding, rearing,
artificial propagation.
2. The export of endangered precious and rare specimens of
Group I under the provisions of Vietnamese law and having originated from
breeding, artificial propagation must satisfy the following conditions:
a/ Specimens of animals of F2 generation onward, which are
reproduced at rearing farms already registered under the provisions of Clause
2, Article 12 of this Decree.
b/ Specimens of plants from artificial propagation establishments
already registered under the provisions of Clause 3, Article 12 of this
Decree.
c/ The specimens must be marked under the guidance of CITES
Management Authority of Vietnam.
3. The export of endangered precious and rare specimens of
Group II, prescribed by Vietnamese law and having originated from breeding,
rearing, artificial propagation must satisfy the following conditions:
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b/ For specimens of reared animals: The specimens from rearing
farms already registered under the provisions of Clause 2, Article 12 of this
Decree.
c/ For specimens of artificially propagated plants: The
specimens from artificial propagation establishments already registered under
the provisions of Clause 3, Article 12 of this Decree.
Article 7.- Conditions on export,
re-export of specimens not defined in Articles 3, 4, 5 and 6 of this Decree
CITES Management Authority of Vietnam shall issue permits for
export of specimens not defined in Articles 3, 4, 5 and 6 of this Decree upon
requests, in accordance with the law of importing countries. The permits shall
comply with the provisions of Clause 4, Article 15 of this Decree.
Article 8.- Transit of specimens being
living wild animal species
The transit of specimens being living wild animals through the
territory of the Socialist Republic of Vietnam must be approved in writing by CITES
Management Authority of Vietnam as provided for in Article 20 of this Decree;
must be subject to animal quarantine and comply with the provisions of
Vietnamese law on customs.
Chapter III
BREEDING,
REARING, ARTIFICIAL PROPAGATION OF ENDANGERED PRECIOUS AND RARE WILD FAUNA AND
FLORA SPECIES
Article 9.- Responsibility to manage
the breeding, rearing and artificial propagation of endangered precious and
rare fauna and flora species
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2. Provincial/municipal aquatic resource-protecting agencies
have the responsibility to manage and certify the production capacity of farms
for breeding, farms for rearing and establishments for artificial propagation
of aquatic species. For localities where exist no aquatic resource-protecting
agencies, the services specialized in management of fisheries shall perform
this responsibility.
Article 10.- Conditions on farms for
breeding, farms for rearing and establishments for artificial propagation of
wild fauna and flora species defined in the Appendices to the CITES
1. Animal-breeding farms, animal-rearing farms must satisfy
the following conditions:
a/ Cages and farms are constructed in suitability to the
characteristics of the reared species and the production capacity of the
farms.
b/ Registering the farms for breeding of animal species which
have been certified in writing by CITES scientific bodies of Vietnam
as having the capability to reproduce many successive generations in the
controlled environment.
c/ Registering the farms for breeding of animal species, the
breeding of which has been certified in writing by CITES scientific bodies of
Vietnam as having not affected the conservation of such species in nature.
d/ Ensuring safety for humans and environmental sanitation
under the State’s regulations.
e/ Having professionals meeting the requirements of management
and techniques of breeding, rearing and tending the reared species and
preventing diseases and epidemics.
f/ Organizations, households and individuals exploiting broods
and/or eggs from the nature for breeding, hatchery for commercial purposes must
obtain permission from the management bodies defined in Article 9 of this
Decree.
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a/ The establishments are constructed in suitability with the
characteristics of the cultivated plant species and the production capacity of
the artificial propagation establishments.
b/ The artificial propagation establishments must be certified
by CITES scientific bodies of Vietnam
that the artificial propagation shall not affect the survival of such species
in nature.
c/ Having professionals meeting the requirements of management
and techniques of artificial propagation and tending of cultivated plants and
prevention of diseases and epidemics.
Article 11.- Registering farms for
breeding, farms for rearing and establishments for artificial propagation of
wild animal and/or plant species defined in the Appendices to CITES
1. Farms for breeding, establishments for artificial
propagation of wild fauna and/or flora species defined in Appendix I to CITES
must be registered with CITES Management Authority of Vietnam for forwarding
the registration dossiers to the Secretariat of CITES International for
consideration and approval. The dossiers for registration of breeding farms,
artificial propagation establishments are specified in Appendix 3-A and
Appendix 3-B to this Decree (not printed herein). CITES Management Authority
shall authorize the management agencies defined in Clauses 1 and 2, Article 9
of this Decree to receive and evaluate the registration dossiers.
2. The farms for breeding, farms for rearing and
establishments for artificial propagation of wild fauna and/or flora species
defined in Appendices II and III to CITES must be registered with provincial
forest management offices; where forest management offices are not available in
localities, the registration shall be made with the specialized management
agencies designated by the Ministry of Agriculture and Rural Development. For
aquatic species, the registration shall be made with the provincial/municipal
aquatic resource-protecting agencies; where the aquatic resource-protecting
agencies are not available in localities, the registration shall be made with
the specialized fisheries management bodies. The dossiers for registration of
breeding farms, rearing farms and artificial propagation establishments are
specified in Appendix 4-A and Appendix 4-B to this Decree (not printed herein).
Annually in November, the agencies receiving dossiers for registration of
breeding farms, rearing farms or artificial propagation establishments, defined
in this Clause, shall have to report to CITES Management Authority of Vietnam
on the situation of registration of breeding farms, rearing farms and
artificial propagation establishments in localities.
3. Time limits for issue of certificates of registration of
breeding farms, rearing farms or artificial propagation establishments
a/ For farms for breeding and establishments for artificial
propagation of wild fauna and/or flora species defined in Appendix I to CITES,
the time limits shall be as follows:
- Within 15 working days after the receipt of dossiers for
registration of farms for breeding or establishments for artificial propagation
of wild fauna and/or flora species defined in Appendix I to CITES, the
management agencies defined in Clauses 1 and 2, Article 9 of this Decree must
complete the appraisal of the registration dossiers and send the appraised dossiers
to the CITES Management Authority. In case of refusal, the dossier appraisal
agencies must notify the reasons therefor to organizations, households or
individuals applying for registration of breeding farms or artificial
propagation establishments.
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- Within 5 working days after the receipt of approval of the
Secretariat of CITES International, CITES Management Authority of Vietnam must
issue registration certificates to breeding farms or artificial propagation
establishments defined in Appendix 5 to this Decree (not printed herein). The
CITES Management Authority shall notify the management agencies defined in
Clauses 1 and 2, Article 9 of this Decree of the results of registration of
breeding farms and artificial propagation establishments for management.
b/ For farms breeding, farms rearing and establishments
artificially propagating wild fauna and/or flora species defined in Appendices
II and III to CITES, within 15 working days after the receipt of complete
dossiers specified in Appendix 4-A and Appendix 4-B to this Decree (not
printed herein), the agencies receiving dosiers for registration of breeding
farms, rearing farms or artificial propagation establishments, defined in
Clause 2 of this Article, must proceed with the appraisal and issue
registration certificates to the registered breeding farms, rearing farms and
artificial propagation establishments. The registration certificate forms are
specified in Appendix 5 to this Decree (not printed herein). In case of
refusal, they must notify the reasons therefor to organizations, households and
individuals applying for registration of breeding farms, rearing farms or
artificial propagation establishments.
Article 12.- Conditions on, and
registration of, farms for breeding, farms for rearing or establishment
artificially propagating endangered precious and rare fauna and/or flora
species defined by Vietnamese law, not defined in the Appendices to CITES
1. Farms for breeding and farms for rearing endangered
precious and rare wild fauna species prescribed by Vietnamese law must satisfy
the conditions set in Clause 1, Article 10 of this Decree.
2. Farms for breeding and farms for rearing endangered
precious and rare wild fauna species prescribed by Vietnamese law must be
registered with provincial forest management offices; where forest management
offices are not available in localities, the registration shall be made with
specialized management agencies designated by the Ministry of Agriculture and
Rural Development. For aquatic species, the registration shall be made with
provincial/municipal aquatic resource-protecting agencies; where the aquatic
resource-protecting agencies are not available in localities, the registration
shall be made with specialized fisheries management services. Dossiers for registration
of breeding farms are specified in Appendix 3-B (for wild animals of Group I
B); the dossiers for registration of breeding farms, rearing farms are
specified in Appendix 4-B (for wild animals of Group II-B) to this Decree (not
printed herein).
3. Establishments for artificial propagation of endangered
precious and rare flora species:
a/ For timber trees, the planted forests must be registered
with local forest management sub-departments according to the provisions of law
on forest protection and development.
b/ For non-timber flora species, the registration must be made
with provincial forest management offices; where forest management offices are
not available in localities, the registration shall be made with specialized
management bodies designated by the Ministry of Agriculture and Rural
Development. The registration dossiers are specified in Appendix 3-A (for wild
plants of Group I-A) and Appendix 4-A (for wild plants of Group II-A) to this
Decree (not printed herein).
Chapter IV
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Article 13.- CITES Management
Authority of Vietnam
1. The Ministry of Agriculture and Rural Development shall be
answerable to the Government for the operation of CITES Management Authority of
Vietnam. CITES Management Authority of Vietnam is set up by the Ministry of
Agriculture and Rural Development and composed of director and
deputy-directors, the permanent office (called CITES Vietnam Office) located at
the Forest Management Department and CITES Vietnam branches in Central and
Southern Vietnam. CITES Management Authority of Vietnam is entitled to use its
own seal.
The CITES Vietnam Office is composed of sections for
enforcement, information, propaganda and training, permit issuance, management
of breeding farms, rearing farms and artificial propagation establishments and
for international relations.
2. Tasks of CITES Management Authority of Vietnam:
a/ To represent the Socialist Republic of Vietnam Government
in exercising the rights and performing the duties of CITES member countries.
b/ To assume the prime responsibility for, and coordinate with
the CITES scientific bodies and relevant agencies and organizations in the
CITES enforcement in Vietnam.
c/ To organize information and propaganda activities to raise
the awareness of CITES.
d/ To propose the amendment and supplementation of lists of
wild fauna and/or flora species defined in the Appendices to CITES.
e/ To announce lists of wild fauna and flora species defined
in the Appendices to CITES, which are amended after conferences of member
countries.
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g/ To register with the Secretariat of the CITES International
the farms for breeding and establishments for artificial propagation of wild
fauna and flora species defined in Appendix I to CITES, which fully meet the
export conditions.
h/ To inspect commercial breeding farms, commercial rearing
farms and artificial propagation establishments; activities of exporting,
importing, re-exporting, importing from seas and transiting endangered precious
and rare wild fauna and/or flora species under the provisions of this Decree.
i/ To guide the handling of specimens defined in the
Appendices to CITES, which are confiscated under Vietnamese law and CITES.
j/ To coordinate with the concerned parties in organizing the
provision of training and professional guidance for management agencies,
organizations, households and relevant individuals under the provisions of
CITES and Vietnamese law.
3. CITES Management Authority of Vietnam shall inspect the
export, import, re-export and transit of specimens of endangered precious and
rare fauna and flora species at airports, railway stations, sea ports and
border gates.
4. The State shall ensure funding for the operation of CITES
Management Authority of Vietnam, encourage domestic and foreign organizations,
households and individuals to support the activities of CITES Management
Authority of Vietnam.
Article 14.- CITES scientific bodies
of Vietnam
1. The Ecology and Biological Resource Institute under the
Vietnam Institute of Science and Technology, the Vietnam Forestry Science
Institute under the Ministry of Agriculture and Rural Development, the Marine
Resources Research Institute under the Ministry of Fisheries and the Center for
Natural Resource and Environment Research under the Hanoi National University
shall act as the CITES scientific bodies of Vietnam.
2. Tasks of the CITES scientific bodies of Vietnam:
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- The actual situation on the population, distribution areas,
the extents of endangerment, preciousness and rareness of the wild fauna and
flora species in nature.
- The issue of CITES permits, CITES certificates, permits for
export, import, re-export, introduction from the sea, transit of specimens of
endangered, precious and rare wild fauna and flora species under the provisions
of Article 15 of this Decree.
- The scientific names of fauna and flora species, the
examination of specimens of wild fauna and flora species.
- The centers for rescue, tending of living specimens, proper
habitats for release of confiscated wild animals.
- The farms for breeding, the farms for rearing, the
establishments for artificial propagation of wild fauna or flora species; the
appraisal of projects on breeding, rearing or artificial propagation of wild
fauna or flora species.
b/ To be authorized by CITES Management Authority of Vietnam
to inspect the breeding farms, rearing farms, artificial propagation
establishments, activities of exporting, importing, re-exporting, introducing
from the sea and transiting specimens.
c/ To attend meetings, conferences, seminars on the CITES
enforcement.
d/ To compile scientific documents, proposals relating to the
CITES enforcement; to prepare reports at request of the Secretariat of CITES
International.
3. The State shall ensure funding for operations of the CITES
scientific bodies of Vietnam,
encourage domestic and foreign organizations, households and individuals to
support activities of the CITES scientific bodies of Vietnam.
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PERMITS,
CERTIFICATES
Article 15.- Assorted permits,
certificates
1. CITES permits specified in Appendix 2-A to this Decree
shall apply to the specimens defined in the Appendices to CITES. The CITES
permits must be fully filled in, stuck with CITES stamps and affixed with seal
of CITES Management Authority of Vietnam.
2. CITES certificates for export of souvenir specimens,
specified in Appendix 2-B to this Decree (not printed herein) shall apply to
souvenir specimens defined in the Appendices to CITES. The CITES certificates
for export of souvenir specimens must be fully filled in, inscribed with the
signatures and full names of owners of breeding or rearing farms or artificial
propagation establishments.
3. Pre-Convention certificates specified in Appendix 2-C to
this Decree (not printed herein) shall apply to pre-Convention specimens.
4. The permits defined in Appendix 2-D to this Decree shall
apply to endangered precious and rare fauna and flora species provided for by
Vietnamese law. The permits must be fully filled in, affixed with seal of CITES
Management Authority of Vietnam.
Article 16.- Issuance and management
of permits, certificates
1. Within 10 working days after the receipt of complete valid
dossiers, CITES Management Authority of Vietnam must issue permits,
certificates. In case of refusal, it must notify the reasons therefor to the
organizations, households or individuals applying for permits or certificates.
2. The maximum validity duration of a permit or certificate
for export or re-export shall be six months; the maximum validity duration of
an import permit shall be 12 months counting from the date of its issuance.
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4. Acts of forging, modifying or transferring permits or
certificates are strictly prohibited.
5. CITES Management Authority of Vietnam shall withdraw
permits, certificates in the following cases:
a/ Permits or certificates are issued in contravention of
regulations.
b/ Permits or certificates are used for wrong purposes.
c/ Organizations, households or individuals, that are granted
permits or certificates, commit acts of violating the provisions of CITES
and/or Vietnamese law.
d/ Where permits or certificates expire, organizations,
households or individuals, that are granted such permits or certificates shall,
within 10 days after the expiration of such permits or certificates, have to
return the permits or certificates to CITES Management Authority of Vietnam.
6. CITES Management Authority of Vietnam shall have to print,
publish, issue permits and certificates according to the provisions of Article
15 of this Decree.
Article 17.- Dossiers of application
for specimen export or re-export permits, certificates
1. Export, re-export of specimens for commercial purposes:
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b/ The dossier evidencing the lawful origin of the specimen
under current regulations.
2. Export, re-export of specimens for non-commercial purposes:
a/ Export, re-export of specimens for scientific research or
diplomatic purposes
- The application for a permit or certificate, made according
to a form set in Appendix 1 to this Decree (not printed herein).
- The signed agreement on programs for scientific research
cooperation or the written certification of the diplomatic gifts or presents
approved by competent bodies.
- The dossiers evidencing the lawful origins of the specimens
under the current regulations.
- The copy of the import permit issued by the CITES Management
Authority of the importing country, for the specimens defined in Appendix I to
CITES.
b/ Export, re-export of specimens for exhibitions, circus
performances not for commercial purposes:
- The application for a CITES permit or certificate, made
according to a form set in Appendix 1 to this Decree.
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- The dossier evidencing the lawful origin of the specimens or
the copy of the import permit (for case of re-export).
- The copy of the import permit issued by the CITES Management
Authority of the importing country, for the specimens defined in Appendix I to
CITES.
3. Export, re-export of hunting specimens:
- The application for a CITES permit or certificate, made
according to a form set in Appendix 1 to this Decree.
- The dossier evidencing the lawful origin of the specimens
under the current regulations or the copy of the hunting specimen permit or
certificate, issued by a competent body of the relevant country.
4. Export, re-export of pre-Convention specimens:
- The application for a CITES permit or certificate, made
according to a form set in Appendix 1 to this Decree.
- The dossier evidencing the pre-Convention specimens or the
copy of the import CITES permit (for case of re-export).
Article 18.- Dossiers of application
for specimen import permits, certificates
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a/ The application for a permit or certificate, made according
to a form set in Appendix 1 to this Decree.
b/ The copy of the export CITES permit issued by the CITES
Management Authority of the exporting country, for specimens in the Appendices
to CITES.
c/ Where imported specimens are living wild animals or plants,
the following papers are required:
- The written certification of full satisfaction of conditions
for rearing, keeping and tending them by provincial forest protection offices
or specialized management agencies designated by the Ministry of Agriculture
and Rural Development, for localities where exist no forest protection offices.
For aquatic species, the certification by provincial/municipal aquatic
resource-protecting agencies or by the specialized fisheries management
services, for localities where exist no aquatic resource-protecting agencies is
required.
- The certification by CITES scientific bodies of Vietnam that
the import of such specimens shall not adversely affect the environment and the
conservation of domestic fauna and flora species, for cases where such fauna
and/or flora species are imported for the first time into Vietnam.
2. Import of specimens not for commercial purposes:
a/ Import of specimens for scientific research or diplomatic
purposes.
- The application for a permit or certificate, made according
to a form set in Appendix 1 to this Decree.
- The signed agreement on programs for scientific research
cooperation or the written certification of diplomatic gifts or presents
approved by competent bodies.
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b/ Import of specimens for exhibitions, circus performances
not for commercial purposes:
- The application for a permit, certificate, made according to
a form set in Appendix 1 to this Decree.
- The letter of invitation to exhibitions or circus
performances of a competent agency.
- The copy of export CITES permit, for the specimens defined
in Appendices II and III to CITES.
3. Import of hunting specimens:
- The application for a CITES permit, made according to a form
set in Appendix 1 to this Decree.
- The copy of the export CITES permit or the written
certification of the hunting specimens, issued by a competent body of the
exporting country.
4. Import of pre-Convention specimens:
- The application for a permit or certificate, made according
to a form set in Appendix 1 to this Decree.
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Article 19.- Dossiers of application
for permits for introduction from the sea of specimens defined in Appendices I
and II to CITES
1. The application for a permit or certificate, made according
to a form set in Appendix 1 to this Decree.
2. The written approval of the central aquatic
resource-protecting agency.
3. Where the specimens introduced from the sea are living wild
animals or plants, the following papers are required:
a/ The written certification of full satisfaction of rearing,
keeping and tending conditions by provincial/municipal aquatic
resource-protecting agencies or specialized management fisheries services for
localities where exist no aquatic resource-protecting agencies.
b/ The written certification by CITES Management Authority of
Vietnam that the introduction of such specimens shall not adversely affect the
environment and the conservation of domestic fauna and flora species, for cases
where such fauna and/or flora species are introduced for the first time into
Vietnam.
Article 20.- Dossiers of request for
transit of specimens being living animals
1. The application for transit of specimens, made according to
a form set in Appendix 1 to this Decree.
2. The copy of the export permit or certificate, issued by a
competent body of the exporting country.
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Article 21.- Issue of CITES
certificates for export of souvenir specimens
1. Breeding farms, rearing farms, artificial propagation
establishments shall directly issue CITES certificates for export of souvenir
specimens, which are printed and published by the CITES Management Authority,
to customers when the following conditions are fully met:
a/ The souvenir specimens are produced by breeding farms,
rearing farms or artificial propagation establishments.
b/ They have identification numbers granted by the competent
authorities defined in Article 11 of this Decree.
c/ They have registered with CITES Management Authority of
Vietnam the models, logos, labels of specimens being souvenirs they have
produced.
2. CITES certificates for export of souvenir specimens shall
be issued only to finished products at souvenir shops. Each CITES certificate
for export of specimens being souvenirs shall be issued to one customer for up
to 4 items.
3. CITES Management Authority of Vietnam shall have to print
and publish CITES certificates for export of souvenir specimens to breeding farms,
rearing farms, artificial propagation establishments, which have demands
therefor.
4. The breeding farms, the rearing farms and the artificial
propagation establishments must submit to the guidance and inspection by CITES
Management Authority of Vietnam, the management agencies defined in Article 9
of this Decree; take responsibility before law for management and use of CITIES
certificates for export of souvenir specimens defined in this Decree.
Article 22.- Dossiers of application
for certificates of pre-Convention specimens
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2. The papers evidencing the lawful origin of the specimens
(purchase invoices, exploitation permits, import permits).
Article 23.- Responsibilities of
organizations, households and individuals, that are granted CITES permits,
CITES certificates for export of endangered precious and rare animals and/or
plants provided for by Vietnamese law
1. To fully supply information to CITES Management Authority
of Vietnam and take responsibility for the legality of the dossiers on the
specimens.
2. To take responsibility before law for the management and
use of permits and certificates. To strictly comply with the current provisions
of Vietnamese law on goods export and import.
3. To pay expenses for printing and publishing permits,
certificates; expenses for marking the specimens; expenses for examination and
identification of specimens.
Article 24.- Responsibilities of agencies
involved in the supervision of the export and import of wild animals
1. When carrying out the customs procedures, border-gate
customs offices which carry out the procedures for export, import,
re-export of specimens shall have to certify the volume of actually exported,
imported or re-exported specimens into the permits or certificates defined in
Article 15 of this Decree, inscribe the serial numbers and date of the permits,
certificates into the customs declarations; send the copies of the certified permits
or certificates for each quarter in the first week of the subsequent quarter to
the CITES Management Authority.
2. The functional agencies defined in Clause 1, Article 25 of
this Decree shall, according to their respective competence, have to supply
information to CITES Management Authority of Vietnam on cases of violation
related to the export, import, re-export, transit, introduction from the sea of
the fauna and flora species defined in Clause 1, Article 1 of this Decree.
Chapter VI
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Article 25.- Inspection, examination,
and handling of violations
1. The Offices of Forest Protection, Customs, Police, Border
Guard, Taxation, Market Management, Animal Quarantine, Plant Quarantine, Aquatic
Resource Protection or Environmental Protection shall, according to their
respective functions, tasks and competence, have to inspect, examine and handle
violations according to provisions of law with regard to acts of law offenses
in the management of export, import, re-export, transit, introduction from the
sea, breeding, rearing, artificial propagation of wild fauna and/or flora
species defined in Clause 1, Article 1 of this Decree.
2. The specimens of wild fauna and flora defined in Appendix I
to CITES shall be handled like the specimens of endangered wild precious and
rare animals and plants of Group I under the provisions of Vietnamese law. The
specimens of wild fauna and flora defined in Appendices II and III to CITES
shall be handled like the specimens of endangered precious and rare wild
animals and plants of Group II under the provisions of Vietnamese law. Where
the CITES’s provisions on handling of specimens of wild fauna and flora defined
in the Appendices to the Convention are different from the provisions of
Vietnamese law, the Convention’s provisions shall apply.
3. Organizations, households and individuals that commit acts
of violating this Decree’s provisions on export, import, re-export, transit and
introduction from the sea shall, depending on the nature and seriousness of
their violations, be administratively sanctioned, and, for individuals, they
may be examined for penal liability under the provisions of law.
Article 26.- Handling of specimens
1. The temporary seizure of living animals pending the
handling decisions must ensure safety for humans and suit the conditions on
animal management and tending.
2. The specimens certified by quarantine bodies as being
infected with diseases, which may cause dangerous epidemics, must be immediately
destroyed. The destruction must comply with the current regulations on animal
health and plant quarantine.
3. Handling of confiscated specimens
a/ The director of CITES Management Authority of Vietnam shall
consider and decide on the return of specimens to countries of origin, for the
specimens defined in the Appendices to CITES, for which the countries of origin
can be identified.
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Chapter VII
IMPLEMENTATION
PROVISIONS
Article 27.- Responsibility for
guidance and implementation
1. The Ministry of Agriculture and Rural Development and the
Ministry of Fisheries shall guide and inspect the implementation of this Decree
according to their respective competence.
2. Ministers, heads of ministerial-level agencies, heads of
government-attached agencies and presidents of provincial/municipal People’s
Committees shall have to implement this Decree.
Article 28.- Implementation effect
1. This Decree shall take effect 15 days after its publication
in “CONG BAO.”
2. This Decree replaces the Government’s Decree No.
11/2002/ND-CP of January 22, 2002, on management of export, import and transit
of wild fauna and flora species.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung