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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:
47/2006/QD-BNN
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Hanoi, June 06, 2006
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DECISION
ON PROMULGATION OF THE REGULATION ON
MANAGEMENT OF RAISED BEARS
THE MINISTER OF AGRICULTURE
AND RURAL DEVELOPMENT
Pursuant to the Government's Decree No.
86/2003/ND-CP of July 18, 2003, defining the functions, tasks, powers and
organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government's Decree No. 32/2006/ND-CP of March 30, 2006, on
management of endangered rare and precious forest flora and fauna;
Pursuant to the Government Office's Document No. 2822/VPCP-NN of June 7, 2004,
on the scheme to handle bears raised in captivity in Vietnam;
At the proposal of the Director of the Forest Ranger Department,
DECIDES:
Article
1.- To promulgate together with this Decision the Regulation on
management of raised bears.
Article 2.- This Decision takes effect 15 days after its
publication in "CONG BAO."
Article 3.- To annul the previous regulations of the
Ministry of Agriculture and Rural Development on management of bears raised in
captivity, which are contrary to the regulations in this Decision.
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FOR THE MINISTER OF AGRICULTURE AND RURAL
DEVELOPMENT
VICE MINISTER
Hua Duc Nhi
REGULATION
ON MANAGEMENT OF RAISED BEARS
(Promulgated together with Decision No. 47/2006/QD-BNN of June 6,
2006 of the Minister of Agriculture and Rural Development)
Article 1.- Scope of regulation and subjects of application
This Regulation provides for the management of
individual bears being raised in isolation from the natural environment
(hereinafter called raised bears), which is applicable to domestic
organizations, households and individuals, overseas Vietnamese, foreign
organizations and individuals engaged in bear raising in the Vietnamese
territory (hereinafter called bear breeders).
Article 2.- Management principles
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2. Bear breeders shall have to raise individual
bears to the end of their lives under the conditions defined in this Regulation
and current regulations of the State.
3. The State shall not recognize the bear
breeders' ownership over individual raised bears.
4. All individual bears raised in contravention
of this Regulation shall be confiscated. The breeders of such individual bears
shall bear legal liability under the current provisions of law.
Article 3.- Prohibited acts
1. Buying, selling, advertising, exporting,
importing, temporarily importing for re-export bears and their products in
contravention of the provisions of law.
2. Slaughtering, exploiting, transporting,
dealing in bear gall and other organs.
Article 4.- Changing the places of raising the documented
and/or electronic chip-implanted bears
Bear breeders may relocate their bear-raising
places when the following conditions are fully met:
1. Individual raised bears have been documented
for management, and/or implanted with electronic chips under Decision No.
02/2005/QD-BNN of January 5, 2005, of the Minister of Agriculture and Rural
Development, promulgating the Regulation on management of raised bears.
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3. There are records on electronic-chip
implanting under the Regulation on management of raised bears, promulgated
together with Decision No. 02/2005/QD-BNN of January 5, 2005, of the Minister
of Agriculture and Rural Development, in the course of relocating individual
bears.
4. In cases where individual bears are
transported to locations outside the provinces or centrally-run cities, special
transportation permits issued by provincial-level Ranger Offices of the
localities where the individual bears have been raised before relocation are
required as provided for in Article 5 of the Regulation on Forest Product
Inspection and Control, promulgated together with Decision No. 59/2005/QD-BNN
of October 10, 2005, of the Minister of Agriculture and Rural Development.
5. The bear breeders shall notify the
provincial-level Ranger Offices of the localities where the individual bears
are received before the transportation thereof for consideration and
examination of the bear-raising conditions.
6. The bear breeders shall have to ensure safety
for people and bears, not causing environmental pollution in the course of
transportation of individual bears.
Article 5.- Handling of individual bears born to individual
bears already documented for management and/or implanted with electronic chips
1. The bear breeders shall have to nurture
individual bears given birth to by individual bears already documented for
management and/or implanted with electronic chips for one year at most counting
from the date such individual bears are born.
2. Provincial-level Ranger Offices shall
supervise and recover individual bears born from those bears already documented
for management and/or implanted with electronic chips for transfer to bear
rescue centers.
Article 6.- Handling of individual bears voluntarity handed
over to the State by bear breeders, individual bears confiscated under the
State's regulations and individual bears defined in Article 5 of this
Regulation
1. Individual bears voluntarily handed over to
the State by bear breeders and individual bears confiscated by competent state
bodies can be transferred to one of the following organizations:
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b/ Zoos, domestic research and training
institutions for the purposes of research and environment education.
c/ International wildlife conservation
organizations.
The Forest Ranger Department shall guide and
supervise the transfer of individual bears strictly according to the provisions
of Vietnamese law and the Convention on International Trade of Endangered
Species (CITES Convention).
2. Bear rescue centers shall have to release into
forests individual bears which are adaptable to the natural environment and
other safety conditions; the rescue organizations shall keep and nurture
individual bears which cannot be released into forests.
3. For individual bears effected with diseases which
threaten to cause epidemics, environmental pollution or individual bears which
cannot be transferred under the provisions of Clause 1 of this Article,
provincial-level Ranger Office shall have to organize the destruction thereof
under the provisions of law.
Article 7.- Responsibilities of bear breeders
1. To raise individual bears already documented
for management and/or implanted with electronic chips; to raise individual
bears born to mother bears already documented for management and/or fixed with
electronic chips under the provisions of Clause 1, Article 5 of this Regulation
till they are transferred.
2. To ensure that bear cages are large enough
for bears to easily move to and fro; to ensure safety conditions for people,
bears and other domestic animals and ensure environmental hygiene. To bear
responsibility before law if their raised bears cause injuries or death to
people or cause environmental pollution.
3. To send biannual and irregular reports on the
situation of their raised bears (birth, disease, death, other incidents) to
local Ranger Offices.
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1. The Forest Ranger Department shall direct and
guide the implementation of this Regulation, make sum-up report on the
management of raised bears nationwide to the Ministry of Agriculture and Rural
Development.
2. Provincial-level Ranger Offices shall have
the responsibilities:
a/ To advise provincial/municipal People's
Committees on the management of bears raised in localities, to propagate and guide
the implementation of this Regulation to bear breeders, appoint officials to
conduct periodical inspections once every six months or irregular inspections
when necessary.
b/ To direct their attached units to receive
from bear breeders periodical and irregular reports defined in Clause 3,
Article 7 of this Regulation; to certify newly born bears, dead bears, and
bears transferred to and fro. To grant special permits for transport of bears
to places outside their respective provinces or centrally run cities.
c/ To supervise and detect acts against this
Regulation and the provisions of law; to handle or advise competent state
bodies on handling acts of violation.
d/ To coordinate with relevant agencies in
organizing the destruction of individual bears defined in Clause 3, Article 6
of this Regulation.
e/ To regularly update the situation of raised
bears in reality and on books. To make annual sum-up reports to the Forest
Ranger Department on the management of raised bears in their respective
localities.
3. In localities where Ranger Offices are not
available, provincial/municipal Services of Agriculture and Rural Development
shall perform the responsibilities specified in Clause 2 of this Article.
Article 9.- Handling of violations
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2. The handling of confiscated bears shall
comply with the provisions of Article 6 of this Regulation.
Article 10.- Funding for management of raised bears
1. State budget:
a/ Local budgets shall provide funding for
Ranger Offices, provincial/municipal Services of Agriculture and Rural
Development (for localities where Ranger Offices are not available) for
management of raised bears in localities.
b/ The Ministry of Agriculture and Rural
Development shall provide funding for the Forest Ranger Department for
directing and guiding the implementation of this Regulation.
2. Financial assistance from domestic and
foreign organizations and individuals that are interested in the conservation
of bears.