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THE MINISTRY
OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
47/2012/TT-BNNPTNT
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Hanoi,
September 25, 2012
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CIRCULAR
PROVIDING ON MANAGING THE EXPLOITATION FROM THE NATURE AND
THE NURTURE OF USUAL FOREST ANIMALS
Pursuant to Law No. 29/ 2004/QH11, of
December 3, 2004, on Forest ranger and Development;
Pursuant to the Government's Decree No. 23/2006/ND-CP
of March 03, 2006, on implementation of the Law on Forest ranger and
Development;
Pursuant to the Government's Decree No.
01/2008/ND-CP of January 03, 2008, defining the functions, tasks, powers and
organizational structure of the Ministry of Agriculture and Rural Development;
and the Decree No. 75/2009/ND-CP of September 10, 2009, amending Article 3 of
the Decree No. 01/ 2008/ND-CP, of January 03, 2008;
At the proposal of the Director General of
Vietnam Administration of Forestry;
The Ministry of Agriculture and Rural
Development promulgates the Circular providing on managing the exploitation
from the nature and the nurture of usual forest animals.
Chapter I
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Article 1. Scope of
adjustment and subjects of application
1. Scope of regulation: This Circular prescribes
the conditions, order of and procedures for exploitation from the nature and
nurture of usual forest animals specified in the List of Usual forest animals
issued together with this Circular in the territory of the Socialist Republic
of Vietnam.
The exploitation of usual forest animals in
special-use forests must also comply with the regulations on managing the
special-use forest system.
This Circular does not adjust zones of sport
facilities, hunting or recreation that have been established and operating in
accordance with law, or sanctuaries for usual forest animals.
In case any treaty to which the Socialist
Republic of Vietnam is a contracting party contains provisions different from
those of this Circular, the treaty prevails.
2. Subjects of application: This Circular
applies to domestic agencies, organizations, domestic individuals and
households, and foreign organizations and individuals conducting activities
relating to the exploitation from the nature and nurture of usual forest
animals prescribed in this Circular.
Article 2. Interpretation of
terms
1. Facility nurturing usual forest animals
(hereinafter referred to as nurture facility) is a place which is equipped with
coops, cages, tanks or other equipment assuring for the nurture for
reproduction and growth of forest animals in a controlled environment.
2. Farm nurturing usual forest animals for
commercial purpose (hereinafter referred to as nurture farm) is a facility
in which forest animals are kept in a concentrated manner and owned by an
organization with the legal person status in accordance with law.
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4. The usual forest animal exploitation from
the nature (hereinafter referred to as exploitation) includes such
activities as hunting, catching, trapping, shooting and other activities to
take alive usual forest animal individuals, eggs or their larvae from their
natural habitat.
5. Activities for commercial purpose
include activities in exploitation, breeding, exchange, provision of services
or trade promotion activities for specimens of usual forest animals with the
profit-making purpose.
6. Activities for non-commercial purpose
include cases of exploitation, breeding, exchange and provision of services for
usual forest animal specimens without profit purposes such as diplomatic purpose,
scientific research, exchange among zoos, non-profit exhibition, non-profit
circus performance; exchange of specimens among CITES management agencies of
the member states.
7. Local forest ranger agency is one of
the following agencies: forest ranger offices of districts, towns or provincial
cities; forest ranger offices of special-use forests, forest ranger offices of
protective forests, forest ranger sub-departments of provinces or centrally run
cities where there is no forest ranger office managing the area where usual
forest animals are exploited or bred.
Chapter II
MANAGEMENT OF USUAL
FOREST ANIMAL EXPLOITATION FROM THE NATURE
Article 3. Conditions for
exploitation
Organization or individual that exploits species
in the List of Usual forest animals promulgated together with this Circular
must assure the following conditions:
1. Possessing an exploitation permit granted by
a competent agency as prescribed in Articles 4 and 5 of this Circular;
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3. Obtaining the consent of the forest owner, if
organizations, individuals exploiting are not concurrently the forest owner;
4. Not exploiting for commercial purpose in national
parks and nature conservation areas.
Article 4. Grant of permits
for usual forest animal exploitation with commercial purpose
1. A dossier of application for an exploitation
permit includes:
a/ The original application for an exploitation
permit, presenting clearly contents: the name, address and serial number of the
business license or identification card of the applicant; names of species,
quantities, place, time, purpose and methods of exploitation, made
according to Form No.01 promulgated together with this Circular.
b/ The original explanation for exploitation
plan clearly presenting contents: the name, address and serial number of the
business license or identification card of the applicant; description of
conditions of the exploitation area; time of exploitation; names of species and
quantities to be exploited; means, tools and methods, list of persons who
conduct the exploitation, made according to Form No. 02 promulgated together
with this Circular;
c/ The original report on the assessment of the
population of usual forest animal species requested to be exploited from the
nature, clearly presenting contents: introduction of the consulting unit;
overview of zone, measure, time and result; exploitation plan; conclusion and
recommendations, made according to Form No.03 promulgated together with this
Circular.
The population assessment report must be made by
an organization that has the law-provided function of investigation, assessment
and scientific research in forestry and biology;
d/ A notarized copy of the business registration
permit, for organizations, or notarized copy of the identification card, for
individuals, that applying for permits;
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2. Licensing agencies for exploitation:
a/ The Departments of Agriculture and Rural
Development of provinces or centrally run cities shall grant exploitation
permits for usual forest animals in the forestry regions of forest owners under
local management.
b/ Vietnam Administration of Forestry shall
grant exploitation permits for usual forest animals in the forestry regions of
forest owners under central management
3. Exploitation permits and their validity
duration
a/ An exploitation permit must present clearly
contents: name, address and serial number of the business license or
identification card of organization or individual being granted; names of
species, quantities, place, time, means, tools, methods and list of
persons conducting exploitation; purpose of exploitation and validity duration
of the permit. The permit shall be made according to Form No.04 promulgated
together with this Circular.
b/ The validity duration of the exploitation
permit must be in accordance with the exploitation plan, but not exceed 30
(thirty) days.
4. Order of and procedure for submission of
dossiers, appraisal of dossiers, grant of exploitation permits and returning
results
a/ Method of filing dossiers: organizations and
individuals shall submit directly or by post to the local forest ranger agency
a set of dossier as prescribed in Clause 1 of this Article.
b/ Receipt of dossiers: The local forest ranger
agency shall, within 05 (five) working days after receiving a dossier, check
and confirm in writing the information in the dossier;
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If the dossier is improper, within 03 (three)
working days from the date of receiving dossier, the local forest ranger agency
shall inform such in writing to the applicant.
c/ Appraisal of dossiers and grant of
exploitation permits
Within 10 (ten) working days after receiving a
dossier forwarded by the local forest ranger agency, the provincial-level
Forest ranger Sub-Department or the Nature Conservation Department of Vietnam
Administration of Forestry shall form an appraisal council and organize dossier
appraisal. Members of the council shall be decided by the provincial-level
Forest ranger Department or the Nature Conservation Department of Vietnam
Administration of Forestry, including representatives of the forest owner;
forestry, environment and animal health management agencies; the head of the
appraising agency is president.
The appraisal council shall review and assess
the exploitation plans, report on population assessment, formulate an appraisal
report; and make a report to the agency licensing exploitation.
Within 03 (three) working days after receiving
the dossier and report of the provincial-level Forest ranger Department or the
Nature Conservation Department of Vietnam Administration of Forestry, the
provincial-level Department of Agriculture and Rural Development or Vietnam Administration
of Forestry shall grant an exploitation permit or issue a written notice of the
reason for non-grant of an exploitation permit.
d/ Method of returning results: Within 02 (two)
working days from the date of signing exploitation permit or issuing a written
notice of the reason for not granting a permit, the licensing agency shall send
the result to the local forest ranger agency which has received the dossier.
After receiving the result, the local forest ranger agency shall immediately
hand over the result to the applicant.
5. Revocation of exploitation permits: The
licensing agency may revoke an exploitation permit in case organization or
individual granted the permit violates the provisions of this Circular or
current law.
Article 5: Grant of permits
for exploitation of usual forest animals for non-commercial purposes
1. A dossier of application for an exploitation
permit includes:
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b/ The original explanation of exploitation plan
clearly presenting contents: the name, address, serial number of the business
license or establishment decision of the applying organization; description of
conditions the exploitation area; time of exploitation; names of species,
quantities to be exploited; means, tools and methods, list of persons
conducting the exploitation, made according to Form 02 promulgated together
with this Circular;
c/ A notarized copy of the written agreement on
scientific research cooperation program or the decision to implement a scheme,
project or program on scientific research into specimens; or the written
approval by the Ministry of Agriculture and Rural Development of exploitation
for cases of exploitation with diplomatic purpose, exchange among zoos,
non-profit exhibition or non-profit circus performance, or specimen exchange
with CITES management agencies of member states;
d/ A notarized copy of the business registration
license or establishment decision of the organization applying for permit.
2. Agencies licensing exploitation
a/ The Departments of Agriculture and Rural
Development of provinces or centrally run cities shall grant exploitation
permits for usual forest animals in the forestry areas of forest owner under
local management.
b/ Vietnam Administration of Forestry shall
grant exploitation permits for usual forest animals in the forest forestry
areas of forest owner under central management.
3. Exploitation permits and their validity
duration
a/ An exploitation permit must clearly
presenting contents: name, address and serial number of the business license or
establishment decision of the granted organization; names of species,
quantities, place, time, means, tools and methods, list of persons conducting
the exploitation; purpose of exploitation; validity duration of the permit. The
permit shall be made according to Form 04 promulgated together with this
Circular.
b/ The validity duration of the exploitation
permit must be in accordance with the plan of exploitation, but not exceed 30
(thirty) days.
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a/ Method of filling dossiers: Organizations
shall submit directly or by post to the local forest ranger agency a set of dossier
as prescribed in Clause 1 of this Article.
b/ Receipt of dossiers: The local forest ranger
agency shall, within 05 (five) working days after receiving a dossier, check
and confirm in writing the information in the dossier.
The local forest ranger agency shall send the
dossier and written confirmation to the provincial-level Forest ranger
Sub-Department, if the area of exploitation is in forestry area of forest owner
under local management, or to the Nature Conservation Department of Vietnam
Administration of Forestry, if the area of exploitation is in forestry area of
forest owner under central management.
If the dossier is improper, the local forest
ranger agency shall inform such in writing to the applicant within 03 (three)
working days from the date of receiving dossier.
c/ Grant of exploitation permits
Within 03 (three) working days after receiving a
dossier forwarded by the local forest ranger agency, the provincial-level
Forest ranger Sub-Department or the Nature Conservation Department of Vietnam
Administration of Forestry shall send the dossier and a report to the
provincial-level Department of Agriculture and Rural Development or Vietnam
Administration of Forestry.
Within 03 (three) working days after receiving
the dossier and report of the provincial-level Forest ranger Sub-Department or
the Nature Conservation Department, the provincial-level Department of
Agriculture and Rural Development or Vietnam Administration of Forestry shall
grant an exploitation permit or have a written notice of the reason for
non-grant of a permit.
d/ Method of returning results: within 02 (two)
working days from the date of signing an exploitation permit or a written
notice of the reason for not granting a permit, the licensing agency shall send
the result to the local forest ranger agency which has received the dossier.
After receiving the result, the local forest ranger agency shall immediately
hand over the result to the applicant.
5. Revocation of exploitation permits: The
licensing agency may revoke an exploitation permit in case organizations
granted the permit violates the provisions of this Circular or current law.
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1. Within 01 (one) working day after ending each
period of exploitation; or when the quantities of permitted specimens has been
fully exploited; or the exploitation permit expires, organizations, individuals
granted the permit shall make a list of usual forest animal specimens that have
been exploited according to Form 05 promulgated together with this Circular,
and send it to the local forest ranger agency for confirmation.
2. Within 03 (three) working days, the local
forest ranger agency that has received the list of usual forest animal
specimens that have been exploited shall confirm the result of the actual
exploitation. If refusing to confirm, it must inform in writing clearly the
reason thereof to the individual or organization concerned.
Chapter III
MANAGEMENT OF NURTURE OF
USUAL FOREST ANIMALS
Article 7. Conditions for
nurturing usual forest animals
Organization or individual that nurtures species
in the List of Usual forest animals promulgated together with this Circular
must assure the following conditions:
1. Possessing nurture facilities or a farm
suitable to the growth and development characteristics of the species to be
bred; assuring safety for people and bred animals; and complying with
regulations on environmental sanitation and epidemic prevention;
2. Regarding the origin of usual forest animals:
a/ Being exploited from the nature domestic:
Possessing a list of usual forest animal specimens confirmed by the local
forest ranger agency.
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c/ Being bought from other organizations,
individuals: Possessing dossier of the animal purchase and sale or exchange
between the supplier and the breeder.
d/ Being handled by confiscation: Possessing the
decision of a person competent to handle of exhibits or material evidences.
e/ Being usual forest animals that have been
nurtured before this Circular takes effect: Within 90 (ninety) days after this
Circular takes effect, organizations and individuals that are nurturing usual
forest animals shall make a list of usual forest animals according to Form 05
promulgated together with this Circular and send to the commune-level People's
Committees where that nurture facility located for confirmation.
The individuals or organizations that are
nurturing usual forest animals shall take responsibility before law for the
lawful origin of the bred animals.
Article 8. Certification of
farms nurturing usual forest animals for commercial purpose
1. A dossier of application for a nurture farm
certificate includes:
a/ The original application for a nurture farm
certificate must clearly present contents: the name, address and serial number
of the business license or establishment decision of organization; names, quantities
and origins of bred species; place and description of the nurture farm, made
according to Form 06 promulgated together with this Circular, and containing
the certification of the commune-level People's Committee;
b/ A notarized copy of the approval of
environmental impact assessment report or the written commitment to ensure the
environmental and hygienic conditions as prescribed by law.
2. The agency granting the nurture farm
certificate: is the local forest ranger agency.
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a/ A certificate must clearly present contents:
name, address and serial number of the business license or establishment
decision of the organization granted certificate; names, quantities, origins of
bred species, made according to Form 07 promulgated together with this
Circular.
b/ A certificate has a validity duration of up
to 03 (three) years from the date of issuance.
4. The order of and procedure for filling
dossiers, grant of certificates and returning results
a/ Method of submission of dossiers:
Organizations shall submit directly or by post to the local forest ranger
agency a set of dossier as prescribed in Clause 1 of this Article.
b/ Receipt of dossiers and certification: The
local forest ranger agency shall, within 05 (five) working days after receiving
a dossier, verify and grant a nurture farm certificate and open a monitoring
book according to Form 09 promulgated together with this Circular. In case the
dossier is improper, the local forest ranger agency must notify in writing the
reason thereof to the applicant.
c/ Method of returning results: The local forest
ranger agency shall hand the certificate of nurture farm to the organization
granted within 3 (three) working days from the date of its grant.
5. Revocation and renewal of nurture farm
certificates and addition of bred species
a/ The agency that has issued nurture farm
certificates may revoke a nurture farm certificate in case the farm violates
the provisions of this Circular or current law.
b/ Re-grant of nurture farm certificates: Within
30 (thirty) days before the expiry of a nurture farm certificate, the nurture
farm owner shall send directly or by post a written application as prescribed
at Point a, Clause 1 of this Article to the local forest ranger agency; within
03 (three) working days from the date of receipt of the application, the local
forest ranger agency shall renew the certificate or notify in writing the
reason for not renewing the certificate to the applicant.
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Within 05 (five) working days after receiving
the application, the local forest ranger agency shall grant a supplementation
to certificate or notify in writing the reason for not granting supplementation
to certificate for the applicant.
6. The certificates which have been granted to
nurture farms before this Circular is promulgated are still effective. When
such certificate expires, the procedure to apply for grant of a certificate is
complied with this Circular.
7. After sending a written application for a
nurture farm certificate as prescribed in Clause 1 of this Article, the farm
owner shall open a book to monitor bred species according to Form 10
promulgated together with this Circular.
Article 9. Notification of
facilities nurturing usual forest animals
1. Households or individuals that nurture usual
forest animals shall send directly or by post a written notice of nurture
facilities to commune-level People's Committees, clearly presenting the name
and address of the nurture facility owner; names, quantities and origins of
species requested to be bred; and the location of the nurture facilities
according to Form 08 promulgated together with this Circular.
2. The commune-level People's Committee that
receives written notices shall open a book for monitoring according to Form 09
promulgated together with this Circular.
3. After the notification, the households or
individuals that are nurturing usual forest animals must open a monitoring book
according to Form 10 promulgated together with this Circular.
Chapter IV
IMPLEMENTATION
PROVISIONS
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1. Vietnam Administration of Forestry shall:
a/ Direct the guidance and examination of the
implementation of this Circular in nationwide; summarize the implementation and
report and propose to the Ministry of Agriculture and Rural Development on the
situation and policies on management of usual forest animals in nationwide.
b/ Annually coordinate with related
organizations in reviewing and proposing to the Ministry of Agriculture and
Rural Development for consideration to adjust, amend, supplement the List of
Usual forest animals promulgated together with this Circular.
2. Provincial-level People's Committees shall
direct, examine and supervise to ensure to properly implement provisions of
this Circular and regulations of law in their localities.
3. Provincial-level Departments of Agriculture
and Rural Development (Forest Ranger Sub-Departments) shall:
a/ Advise provincial-level People's Committees
on the propaganda, guidance and examination of the implementation of this
Circular and regulations of law in their localities.
b/ Make periodical reports on the exploitation
and nurture of usual forest animals and submit them to Vietnam Administration
of Forestry before March 31 of the subsequent year, or make irregular reports
according to Form 11 promulgated together with this Circular.
c/ Propose competent state agencies to promptly
settle difficulties and obstacles for nurture facility owners in their
localities.
Article 11. Effectiveness
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2. This Circular replaces the provision in
Article 1 of the Circular No. 25/2011/ TT-BNNPTNT of April 6, 2011, of the
Ministry of Agriculture and Rural Development, amending, supplementing and
canceling a number of provisions on administrative procedures in the field of
forest protection and development in according to the Resolution No. 57/NQ-CP
of December 15, 2010.
3. In the course of implementation, any arising
problems should be promptly reported to the Ministry of Agriculture and Rural
Development for consideration, amendment and supplementation.
FOR THE
MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
DEPUTY MINISTER
Ha Cong Tuan
* Note: All the forms and list of this Circular
have not yet been translated.