Circular No. 27/2025/TT-BNNMT on management of endangered, rare, and precious species; the breeding of common wild fauna; and the enforcement of the convention on international trade in endangered wild fauna and flora
Summary
Circular No. 27/2025/TT-BNNMT dated June 24, 2025 on management of endangered, rare, and precious species; the breeding of common wild fauna; and the enforcement of the convention on international trade in endangered wild fauna and flora comes into force from July 01, 2025.
Content
MINISTRY OF AGRICULTURE AND ENVIRONMENT OF VIETNAM | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 27/2025/TT-BNNMT | Hanoi, June 24, 2025 |
ON MANAGEMENT OF ENDANGERED, RARE, AND PRECIOUS SPECIES; THE BREEDING OF COMMON WILD FAUNA; AND THE ENFORCEMENT OF THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED WILD FAUNA AND FLORA
Pursuant to the Law on Forestry dated November 15, 2017;
Pursuant to the Law on Biodiversity dated November 13, 2008;
Pursuant to the Law on Fisheries dated November 21, 2017;
Pursuant to the Convention on international trade in endangered wild fauna and flora;
Pursuant to Decree No. 35/2025/ND-CP dated February 25, 2025 of the Government on functions, tasks, powers and organizational structure of the Ministry of Agriculture and Environment of Vietnam;
Pursuant to Decree No. 136/2025/ND-CP dated June 12, 2025 of the Government on decentralization and delegation of authority in the fields of agriculture and environment;
At the request of the Director General of Vietnam Administration of Forestry and Forest Protection; and the Director General of Nature and Biodiversity Conservation Agency;
The Minister of Agriculture and Environment promulgates the Circular on management of endangered, rare and precious species; the breeding of common wild fauna; and the enforcement of the convention on international trade in endangered wild fauna and flora.
1. This Circular regulates the management of endangered, rare and precious species; the breeding of common wild fauna; and the enforcement of the convention on international trade in endangered wild fauna and flora (hereinafter referred to as “CITES”).
2. This Circular does not regulate the management of endangered, rare and precious breeds of livestock and flora, nor for endangered, rare and precious aquatic species that are not listed in the Appendix of the CITES.
This Circular applies to agencies, organizations, business households and individuals engaged in management of the management of endangered, rare and precious species; the breeding of common wild fauna; and the enforcement of the CITES.
For the purposes of this Circular, the terms below shall be construed as follows:
1. “Species” means any species, subspecies, or geographically separate population thereof.
2. “Hybrid” means an animal or plant that is produced as the result of cross-breeding between two different species or subspecies.
3. Appendices of the CITES include the Lists of endangered wild fauna and flora agreed by the member states of the CITES and take effect as prescribed in the CITES including:
a) Appendix I of the CITES includes species threatened with extinction, prohibited from export, import, re-export, introduction from the sea and transit of natural specimens for commercial purposes; and hybrid species prescribed in Appendix I of the CITES
b) Appendix II of the CITES includes species that, although currently not threatened with extinction, may become so without control of export, import, re-export, introduction from the sea and transit of natural specimens thereof for commercial purposes; and hybrid species prescribed in Appendix II of the CITES (expect for species breeding with species prescribed in Appendix I of the CITES);
b) Appendix III of the CITES includes species for which a member state has asked other states to assist in controlling export, import, re-export for commercial purpose; and hybrid species prescribed in Appendix III of the CITES (expect for species breeding with species prescribed in Appendix I or II of the CITES);
4. Specimen of endangered, rare and precious species means any live or dead animal, plant, microorganism and fungi; sperm, embryo, egg, larvae, part and derivative of a species.
5. Organ of fauna or flora means any part of animal or plant, whether it is a raw, preliminarily processed, or finished product, that can still be identified as belonging to that species.
6. Derivative of fauna or flora means all forms of substances separated or extracted from an animal or plant.
7. Common wild fauna mean species belonging to the following classes: Mammals, Birds, Reptiles and Amphibians that are not included in the list of endangered, rare and precious species attached to this Circular; species listed in Appendices I and II of the CITES; or the list of animals domesticated and raised as livestock in accordance with regulations on animal husbandry.
8. Collection of specimens of endangered, rare and precious species mean the activity of taking specimens of fauna and flora species out of their natural habitats.
9. Commercial purposes mean activities of trading specimens of fauna and flora species between organizations and individuals with the intent of making a profit.
10. Non-profit purposes mean activities of trading specimens of fauna and flora species between organizations and individuals without the intent of making a profit such as for diplomatic purposes, scientific research, breeding and conservation, ornamental breeding, rescue, museums; exhibitions for product introduction; circus performances; and the transfer of specimens between CITES management authorities.
11. Introduction from the sea means of bringing specimens of fauna and flora species listed in the Appendices of the CITES that have been harvested from the sea areas beyond the jurisdiction of any country into Vietnam.
12. Re-export means the export of specimens that were previously imported including specimens that are intact or have undergone domestic preliminary processing, production, or processing.
13. Controlled environment is an environment managed by humans to ensure conditions that prevent the intrusion or spread of fauna, flora, eggs, gametes, zygotes, seeds, sprouts, genes, or pathogens into or out of that environment with the aim of producing purebred or hybrid species.
14. Raising facilities mean facilities for breeding, raising and reproducing endangered, precious and rare wild fauna species and/or fauna species listed in the Appendices of the CITES and/or common wild fauna species; and facilities for artificial reproduction of endangered, precious and rare wild flora species and/or species listed in the Appendices of the CITES.
15. Ranching means rearing fauna, eggs, or embryos by growing them to maturity or hatching them into individuals within a controlled environment.
16. Captive breeding means raising fauna to produce the next generation in a controlled environment.
17. Artificial reproduction means the method of planting or grafting wild flora from seeds, sprouts, zygotes, cuttings, or other propagation techniques in a controlled environment.
18. F1 generation means individuals born in a controlled environment, where at least one parent was sourced from the wild.
19. F2 generation or subsequent generations mean individuals born in a controlled environment from parents of F1 generation and subsequent generations.
20. Personal or household belongings mean specimens originating from legally acquired wild fauna or flora which exclude live specimens.
21. Pre-Convention specimens mean specimens of a species acquired before the date on which the CITES applies to that species or before a member state joins the CITES. The date of acquisition of the specimen is determined by one of the following cases:
a) The date the specimen was acquired from the wild;
b) The date the specimen was artificially bred or cultivated in a controlled environment;
c) In cases where the date of acquisition of the specimen cannot be determined as prescribed in points a and b of this clause, the date of acquisition is the first date on which an owner acquires that specimen.
22. A finished product means a product that is packaged, labeled and ready for sale in the market for use without requiring further manufacturing or processing.
23. A member state of the CITES means a country participating and carrying out the CITES; applying management measures in accordance with the Convention.
24. CITES means the Convention on international trade in endangered species of wild fauna and flora ratified on March 03, 1973 in Washington. It applies to all member states of CITES including the Socialist Republic of Vietnam (a member state of CITES from April 20, 1994).
25. CITES Secretariat is managed by the United Nations Environment Programme carrying out the functions and tasks prescribed in Chapter XII of the Convention on international trade in endangered species of wild fauna and flora.
26. Genetic source diversity coefficient of kind means coefficient used to assess abundance extent of kind quantity and diversity extent of plant varieties calculated according to Simpson’s index.
Genetic source diversity coefficient of i kind: Hg = 1- Σ f2(xi)
f2(xi): Percentage of area planting i kind over total area planting all varieties of a plant species.
27. Distribution area of species means area determined by the continued and shortest boundary line surrounding all locations where presence of such species has been known or forecast.
28. Residence place of a species means minimum area in need for existence of a species population sited in the distribution area of such species.
29. Ex-situ conservation means the process of relocating individuals of a species from one natural distribution area to another natural distribution area that is suitable for the species’ growth and development in accordance with the plan approved by the competent state authority.
30. Conservation breeding and cultivation means activities of breeding and cultivating for conserving genetic resources and restoring populations of species in accordance with the law.
31. Activities serving the purpose of biodiversity conservation include situ conservation and ex-situ conservation for protecting, restoring and developing genetic resources, individuals, populations and habitats of endangered, precious and rare species prioritized for protection in accordance the Law on Biodiversity and this Circular.
32. Activities serving the purpose of scientific research mean activities conducted within the framework of national, ministerial, or provincial-level scientific and technological projects, programs, or tasks approved by the competent authority in accordance with the law.
33. Activities serving the purpose of ecotourism mean activities carried out by organizations or individuals involving the observation of endangered, precious and rare fauna and flora species prioritized for protection in the wild or at biodiversity conservation facilities combined with educational efforts to raise awareness about biodiversity conservation.
Article 4. Criteria and the List of endangered, rare and precious species
1. The List of endangered, rare and precious species include Group I and Group II
a) Group I includes species strictly prohibited from exploitation and use of specimens sourced from the wild for commercial purposes which includes endangered, precious and rare species prioritized for protection; endangered, precious and rare wild fauna and flora (Group IA: wild flora; Group IB: wild fauna);
b) Group II includes species under strict control of exploitation and use for commercial purposes which includes endangered, precious and rare wild fauna and flora (Group IIA: wild flora; Group IIB: wild fauna).
2. Criteria for determination of Group I endangered, rare and precious species:
a) Endangered, precious and rare species listed in Appendix I of the CITES ranging from the Endangered (EN) to Critically Endangered (CR) categories that are naturally distributed in Vietnam or have been assessed by Vietnam CITES Scientific Authority in accordance with IUCN criteria or Vietnam Red Book;
b) Endangered, precious and rare species prioritized for protection, except in cases prescribed in points c and d of this clause, that meet the criteria prescribed in point a of this clause and at least one of the following criteria: being endemic species; possessing special value in science, health, economics, ecology, landscape, environment, or culture – history;
c) For endangered, precious and rare flora and fauna species prioritized for protection: the genetic source diversity coefficient of kind is less than 0,25; the proportion of households raising or planting the species is under 10% of the total number of households raising or planting it in the place of origin; the planting area is under 0,5 hectares for food crops, under 0,3 hectares for annual industrial crops, under 0,1 hectares for vegetable, flowers and medicinal plants; or the number of individuals is under 250 for perennial industrial crops, under 500 for fruit trees and ornamental plants. A domestic animal breed is considered to have a low population or be threatened with extinction if the number of purebred females is below 100 individuals and the number of purebred males is below 5 individuals, or the total herd size is fewer than 120 individuals;
d) For endangered, precious and rare fungi and microorganisms prioritized for protection: they are considered to have a low population or be threatened with extinction if the species has experienced a population decline of at least 50% within 10 years prior to the assessment and currently living in a severely degraded environment.
3. Criteria for determination of Group II endangered, rare and precious species:
a) Species prescribed in Appendices II and III of the CITES that are naturally distributed in Vietnam;
b) Species in the IUCN Red List at threat levels from Vulnerable (VU) or higher; or species in Vietnam Red Book at threat levels from Vulnerable (VU) or higher and assessed by Vietnam CITES Scientific Authority as requiring management measures to restrict exploitation and use for commercial purposes;
c) Species not specified in points a and b of this clause that are being overexploited and traded, or that are assessed to become endangered in the wild by Vietnam CITES Scientific Authority in accordance with IUCN criteria and require management measures to restrict exploitation and use for commercial purposes.
5. The list of endangered, precious and rare species is prescribed in Appendix I attached to this Circular.
Article 5. Procedures for amendments to the List of endangered, rare and precious species
1. Authority for appraising the dossiers:
a) Vietnam Administration of Forestry and Forest Protection shall appraise the dossiers for proposal for amendments or supplementation to the List of endangered, precious and rare wild fauna and flora.
b) The Nature and Biodiversity Conservation Agency shall appraise the dossiers for proposal for amendments or supplementation to the List of endangered, precious and rare species prioritized for protection.
2. A dossier includes:
a) The original proposal for amendments or supplementation in accordance with Form No. 01 of Appendix II attached to this Circular;
b) The original report for proposal; for amendments or supplementation to the List of endangered, precious and rare species in accordance with Form No. 02 of Appendix II attached to this Circular.
3. Procedures for processing the dossiers for proposal for amendments or supplementation to the List of endangered, precious and rare species shall comply with Section, Appendix VIII of Decree No. 136/2025/ND-CP dated June 12, 2025 of the Government on decentralization and delegation in the fields of agriculture and environment.
MANAGEMENT OF ENDANGERED, RARE, AND PRECIOUS SPECIES
Section 1. CONSERVATION AND PROTECTION OF ENDANGERED, PRECIOUS, AND RARE SPECIES
Article 6. Principles and methods for conservation and protection of endangered, precious and rare species
1. Principles
a) The activities of exploitation, raising, processing, trading, transporting, storing, advertising, exhibiting, exchanging, gifting, exporting and importing specimens of endangered, precious and rare species shall not negatively impact the survival, growth and development of those species in the wild; and shall be managed to ensure legal origin;
b) The activities of ranching, captive breeding, exporting of endangered, precious and rare fauna prioritized for protection for commercial purposes are only applied to individuals from the F2 generation of the species as determined by Vietnam CITES Scientific Authority regarding their ability to reproduce and grow through multiple generations in a controlled environment without affecting the survival and development of that species in the wild;
c) The activities of investigation, exploration, research, exploitation and tourism that may negatively affect the habitats, migration routes or feeding grounds of endangered, precious and rare species shall comply with this Circular and relevant laws; and apply mitigation measures in order not to affect the survival and development of those species in the wild;
d) The use of following destructive and lethal tools or means is prohibited: weapons, poisoned arrows, explosives, poisons, digging tunnels or pits, spike traps, spear traps, electric traps, spring traps, net traps, cage traps, glue traps, slingshots, large swinging log traps, large iron teeth traps or animal sound devices to exploit specimens of endangered, precious and rare wild species, except in cases of exploitation for scientific research, foreign affairs and conservation purposes with approval from competent authorities;
dd) Endangered, precious and rare species that have been rescued but are not eligible for release or reintroduction into the wild, or no longer have suitable natural habitats shall be transferred to biodiversity conservation facilities or rescue centers with adequate conditions to raise them for conservation purpose;
e) The exploitation of specimens of fauna and flora prescribed in the Appendices of the CITES is the same as for that of endangered, precious and rare species. The raising, importing and exporting endangered, precious and rare species in Group I are the same as for that of fauna and flora prescribed in Appendix I of the CITES. The raising, importing and exporting endangered, precious and rare species in Group II are the same as for that of fauna and flora prescribed in Appendices II and III of the CITES, except for cases prescribed in point g of this clause and clause 4, Article 25 of this Circular.
g) The collection of specimens of wild aquatic species prescribed in the Appendices of the CITES shall be conducted in accordance with the fisheries law;
2.
a) Endangered, precious and rare species in Group I that live naturally shall be conserved in situ within their natural distribution areas by establishing nature reserves or implementing measures for protection of habitat and migration in accordance with relevant laws on the management and protection of such species in areas where nature reserves have not been established;
b) Endangered, precious and rare species shall be applied with ex-situ conservation with the following activities: rescue, raising, artificial reproduction, preservation and storage of genetic resources and specimens of endangered, precious and rare species to support the restoration of populations outside their natural habitats; reintroduction and ex-situ conservation to protect and restore species at their natural habitats in accordance with the biodiversity law.
3. The management, conservation of endangered, precious and rare flora and fauna prioritized for protection shall comply with the laws on crop production and animal husbandry.
Article 7. Investigation, monitoring and assessment of the status; preparation and storage of information of endangered, precious and rare species
1. The investigation, monitoring and assessment of the status of endangered, precious and rare species include: distribution areas, habitats, population status, habitat conditions; extinction threat level; special values in terms of science, health, economy, ecology, landscape, environment, culture and history; current status of management, conservation, protection and development of species.
2. Preparation and storage of information
Organizations and individuals conducting investigation, monitoring and assessment of the status of endangered, precious and rare species shall submit information using Form No. 03 of Appendix II attached to this Circular to the Ministry of Agriculture and Environment for formulation of a dossier and storage in the national biodiversity database.
3. The investigation, monitoring and assessment of the status of endangered, precious and rare species shall be conducted together with the investigation of forest, fisheries and biodiversity in accordance with relevant laws.
Article 8. Scientific research regarding endangered, precious and rare species
1. The scientific research regarding conservation, protection and sustainable development of endangered, precious and rare species shall be conducted under schemes or projects approved by competent authorities and comply with the laws on forestry, biodiversity and other relevant laws.
2. Before conducting scientific research, organizations and individuals shall notify the forest owner; the owner of raising facilities; biodiversity conservation facilities; relevant organizations, households and individuals assigned to manage and use the land, forest and water surface where the research activities take place.
Article 9. Handling cases where endangered, precious and rare animals cause harm or threaten the life and property of humans
1. In all cases where endangered, precious and rare animals harm or threaten the life and property of humans, organizations, households and individuals shall apply measures to prevent, repel and minimize injury to the animals while immediately notifying the Department of Agriculture and Environment or the nearest commune-level People’s Committee.
2. In cases where endangered, precious and rare animals directly attack humans outside special-use forests or nature reserves, the commune-level People’s Committee shall decide and directly organize the capture of such animals if all repelling measures are ineffective. In cases where animals attack posing a danger to human life, defensive measures shall be applied and the relevant local specialized management authority shall be immediately notified if there is no possibility to prevent, repel or capture them.
Article 10. Exploitation of wild endangered, precious and rare species
1. Cases of exploitation of wild endangered, precious and rare species include:
a) Serving national-, ministerial- and province-level scientific research projects and topics that have been approved by competent authorities in accordance with the law;
b) Serving foreign affairs in accordance with the decision of the Prime Minister;
c) Exploitation, utilization and salvage shall be approved by competent authorities in accordance with forestry law.
2. The exploitation of endangered, precious and rare species prioritized for protection shall comply with points a and b, clause 1 of this Article and satisfy the following requirements:
a) The exploitation plan is approved by Vietnam CITES Scientific Authority to ensure that the exploitation of endangered, precious and rare species prioritized for protection does not affect the survival and development of those species in the wild;
b) Locations for exploitation shall be determined with information on the population status and habitat conditions in the exploitation area;
c) The time of exploitation shall not affect the species’ reproduction, migration, habitat, or the species’ ability to regenerate and recover its population;
d) The methods for exploitation shall not cause harm to other individuals, habitats, or the structure of the natural population;
dd) The exploitation quantity shall be kept at minimum level and determined based on the results of field surveys in order not to reduce the population’s ability to survive in the wild.
3. A dossier for exploitation of cases prescribed in points a and b, clause 1 of this Article include:
a) The original request for exploitation using Form No. 04 in Appendix II attached to this Circular;
b) The original plan for exploitation using Form No. 05 in Appendix II attached to this Circular;
c) The original approval for exploitation of the forest owner, organization, household and individual assigned to manage and use the land, forest and water surface where the exploitation activities take place;
d) The copy of the Decision of competent authority on approval of the scientific topic, project or task in cases where exploitation is conducted to create the source of original breed for captive breeding, artificial reproduction or specimen collection for scientific and technological tasks;
dd) The copy of the Decision of the Prime Minister on gifting or donating specimens of endangered, precious and rare species for foreign affairs purpose;
e) The confirmation of Vietnam CITES Scientific Authority on confirming that the exploitation of endangered, precious and rare species prioritized for protection does not affect the survival and development of that species in the wild.
4. Procedures for implementation of points a and b, clause 1 of this Article shall comply with Section 6, Appendix VIII of Decree No. 136/2025/ND-CP dated June 12, 2025 of the Government on decentralization and delegation in the fields of agriculture and environment.
5. In cases of exploitation, utilization and salvage, the subjects and requirements for exploitation shall comply with the Government’s regulations on implementation of the Law on Forestry. The dossier and procedures for exploitation are the same as for those for common species as prescribed by the Minister of Agriculture and Environment on forest product management; handling of forest and aquatic products recognized as assets under the ownership of the people.
Article 11. Procedures for introduction of endangered, precious and rare species prioritized for protection to biodiversity conservation facilities; and reintroduction of them to their natural distribution areas
1. Procedures for introduction of endangered, precious and rare species prioritized for protection to biodiversity conservation facilities:
a) The owner of the biodiversity conservation facility shall determine and receive species for raising in the biodiversity conservation facility based on the number of species and individuals registered at the time of establishment of the facility.
b) Conduct a health assessment of the received individuals; prepare a Handover Record using Form No. 06 in Appendix II attached to this Circular and documents proving their legal origin in accordance with regulations on the management and traceability of forest and aquatic products;
c) Apply marks and maintain a monitoring log at the facility using Form No. 07 in Appendix II attached to this Circular;
d) Conduct quarantine and health monitoring of individuals before introducing into the raising and conservation area;
dd) Within 03 working days from the date of introduction of fauna and flora to the biodiversity conservation facility, the owner of the facility shall send a notification using Form No. 08 in Appendix II attached to this Circular and a copy of the specimen origin dossier to the Department of Agriculture and Environment for monitoring and management.
2. Reintroduction of endangered, precious and rare species prioritized for protection to their natural distribution areas:
a) Endangered, precious and rare fauna prioritized for protection that are planned to be reintroduced shall meet health conditions, be free of diseases and retain their natural behaviors;
b) Location for reintroduction is the natural habitat suitable for the characteristics of the endangered, precious and rare fauna prioritized for protection that are planned for release;
c) The reintroduction of endangered, precious and rare species prioritized for protection from biodiversity conservation facilities shall comply with clause 3 of this Article;
d) The reintroduction of endangered, precious and rare fauna after rescue shall comply with Article 15 of this Circular.
3. Procedures for introduction of endangered, precious and rare fauna prioritized for protection that is under captive breeding at biodiversity conservation facilities
a) The dossier includes:
The original request for reintroduction of endangered, precious and rare fauna of the biodiversity conservation facility using Form No. 09; The original plan for reintroduction using Form No. 10 in Appendix II attached to this Circular.
b) Procedures:
The owner of the biodiversity conservation facility shall submit a set of dossier as prescribed in point a of this clause to the Department of Agriculture and Environment in person, by post or via electronic means. The dossier submitted via electronic means shall comply with Government’s regulations on administrative procedures by electronic means;
The Department of Agriculture and Environment shall review the dossier and immediately make a response about the validity of the dossier if the dossier is submitted in person; and make a response within 01 working day if the dossier is submitted by post and via electronic means. If the dossier is not valid, a written notification stating the reason shall be sent to the owner of the biodiversity conservation facility;
Within 03 working days from the receipt of the valid dossier, the Department of Agriculture and Environment shall submit a request for consultation to the CITES scientific authority, relevant state management authorities, experts and the competent authority managing the expected release area.
Within 10 working days from the receipt of the request of the Department of Agriculture and Environment, the scientific authority, relevant state management authorities and the competent authority managing the expected release area shall respond in writing.
Within 03 working days from the receipt of the consultation result, the Department of Agriculture and Environment shall approve the plan for reintroduction using Form No. 11 in Appendix II attached to this Circular, or reject the plan and send a written response stating the reasons to the owner of the biodiversity conservation facility.
Within 01 working day from the approval of the plan for reintroduction, the Department of Agriculture and Environment shall return the Decision on approval for the applicants.
4. The owner of the biodiversity conservation facility shall cooperate with the relevant authorities to carry out the reintroduction in accordance with the approved plan, make a record using Form No. 12 in Appendix II attached to this Circular and report the result to the Department of Agriculture and Environment;
5. The owner of the biodiversity conservation facility shall cooperate with the Department of Agriculture and Environment, authorities assigned to manage and use the land, forest and water surface where the exploitation activities take place in monitoring and protecting the reintroduced species.
Article 12. Ex-situ conservation of fauna and flora prioritized for protection in the List of endangered, precious and rare species
1. Cases of ex-situ conservation of endangered, precious and rare species prioritized for protection
a) The habitat is degraded, reduced and fragmented that is no longer suitable for the species to survive or reproduce;
b) The wild population of the species is severely declining; or exists in a solitary, small and scattered state which increases the risk of extinction;
c) The population growth exceeds the capacity of the habitat which poses a risk of ecological imbalance or adversely affects other species.
2. Procedures
a) The Department of Agriculture and Environment shall develop the plan for ex-situ conservation of endangered, precious and rare species prioritized for protection using Form No. 13 in Appendix II attached to this Circular; and submit to the province-level People’s Committee of the place where the ex-situ conservation takes place.
b) Within 07 working days from the receipt of the plan for ex-situ conservation, the province-level People’s Committee shall review and approve the plan using Form No. 14 in Appendix II attached to this Circular. If necessary, the province-level People’s Committee shall consult with the scientific authority and relevant state management authorities in accordance with the following procedures:
Within 03 working days from the receipt of the plan for ex-situ conservation, the province-level People’s Committee shall submit a request for consultation to the CITES scientific authority, relevant state management authorities and the province-level People’s Committee of the receiving place in cases where the receiving place is in a different province.
Within 15 working days from the receipt of the request of the province-level People’s Committee, the CITES scientific authority and relevant state management authorities shall respond in writing.
Within 03 working days from the receipt of the consultation result, the province-level People’s Committee shall approve the plan for ex-situ conservation, or reject the plan and send a written response stating the reasons.
3. The Department of Agriculture and Environment shall cooperate with the Management Board of the nature reserve or the unit carrying out the ex-situ conservation under their management in monitoring and assessing endangered, precious and rare species prioritized for protection after the ex-situ conservation and report the result to the authority issuing the decision on ex-situ conservation.
Article 13. Exchange, gifting and donation of specimens of endangered, precious and rare species prioritized for protection
1. Exchange, gifting and donation of specimens of endangered, precious and rare species prioritized for protection shall be carried out only for the purposes of biodiversity conservation, scientific research and ecotourism.
2. The dossier includes:
a) The original request using Form No. 15 in Appendix II attached to this Circular;
b) The copy of the raising record using Form No. 07 in Appendix II attached to this Circular and the dossier of legal origin of the specimens in accordance with relevant laws;
c) The copy of the agreement for exchange, gifting or donation using Form No. 16 in Appendix II attached to this Circular.
3. Procedures for issuance of licenses:
a) Organizations and individuals shall submit a set of dossier as prescribed in clause 2 of this Article in person, by post or via electronic means to the Department of Agriculture and Environment. The dossier submitted via electronic means shall comply with Government’s regulations on administrative procedures by electronic means;
b) The Department of Agriculture and Environment shall review the dossier and immediately make a response about the validity of the dossier if the dossier is submitted in person; and make a response within 01 working day if the dossier is submitted by post and via electronic means. If the dossier is not valid, a written notification stating the reason shall be sent to the organizations and individuals;
c) Within 15 working days from the receipt of the valid dossier, the Department of Agriculture and Environment shall appraise the dossier and issue the license for exchange, gifting and donation of specimens of endangered, precious and rare species prioritized for protection in accordance with Form No. 17 in Appendix II attached to this Circular;
d) Within 01 working day from the issuance of the license, the Department of Agriculture and Environment shall return the license to the applicants.
4. In cases of exchange, gifting or donation of specimens that are not public assets between biodiversity conservation facilities, the head of the biodiversity conservation facility shall submit the agreement for exchange, gifting or donation using Form No. 16 and the notification using Form No. 18 in Appendix II attached to this Circular to the Department of Agriculture and Environment within 05 working days before the planned date of the exchange, gifting or donation of specimens; and update the raising record of the facility after carrying out the exchange, gifting or donation of specimens.
5. A license for exchange, gifting and donation of specimens of endangered, precious and rare species prioritized for protection shall be used once and remain effective for 06 months from the date of issuance.
Article 14. Storage and transportation of specimens of endangered, precious and rare species
The requirements for organizations and individuals storing and transporting specimens of endangered, precious and rare species include:
1. Only specimens of endangered, precious and rare species with legal origin can be stored and transported in accordance with laws on forestry, fisheries and biodiversity.
2. The storage of live specimens shall involve proper breeding in accordance with the characteristics of each species, and ensure the safety of people and animals.
3. The transfer of live specimens shall ensure the safety of live specimens, and include experienced personnel or technicians to care for the specimens during transportation and at the receiving facility.
4. The storage and conservation of genetic resources shall be carried out at facilities for storing endemic, endangered, precious and rare microorganisms and fungi prioritized for protection, conservation of genetic resources and genetic specimens that have been granted licenses for biodiversity conservation facilities.
Article 15. Rescue of endangered, precious and rare species
1. Live animals prescribed in the List of endangered, precious and rare species that have lost their natural habitats, are lost, injured or sick shall be rescued at raising facilities or conservation facilities licensed by competent authorities in accordance with the law. Procedures for rescue of live animals in the prescribed in the List of endangered, precious and rare species shall comply with regulations of the Minister of Agriculture and Environment on forest product management; handling of forest and aquatic products recognized as assets under the ownership of the people.
2. In cases where the endangered, precious and rare species are lost, injured or sick
a) Organizations and individuals who discover animals that are lost, injured or sick shall immediately notify the commune-level People’s Committee to promptly receive and take care. Within 01 working day from the receipt of the information from the organizations or individuals, the receiving authority shall prepare a Handover Record using Form No. 06 in Appendix II attached to this Circular.
b) After preparing the Handover Record, the commune-level People’s Committee shall verify the information related to the lost, injured or sick animals; and release the animals back to a suitable natural environment if they meet the conditions for release; or transfer them to a biodiversity conservation facility for rescue, care and raising for conservation purposes.
Section 2. RAISING OF ENDANGERED, PRECIOUS AND RARE SPECIES PRIORITIZED FOR PROTECTION; ESTABLISHMENT OF BIODIVERSITY CONSERVATION FACILITIES
Article 16. Raising of endangered, precious and rare species prioritized for protection
1. The raising of endangered, precious and rare fauna prioritized for protection to serve the purposes of biodiversity conservation, scientific research and ecotourism shall be conducted at biodiversity conservation facilities that have been granted license and meet the requirements prescribed in Article 17 of this Circular as well as the following requirements:
a) Ensure the legal origin of species in accordance with relevant laws;
b) Ensure that the species and the number of individuals comply with the list of permitted species attached to the license for biodiversity conservation facility;
c) Have plan for raising in accordance with Form No. 19 in Appendix II attached to this Circular;
d) For ecotourism purposes, only species in the list of permitted species attached to the license for biodiversity conservation facility are allowed to be exhibited. Individuals that are sick, injured, pregnant or nursing offspring shall not be exhibited.
2. Artificial reproduction of endangered, precious and rare flora for the purposes of biodiversity conservation, scientific research and ecotourism shall be conducted at biodiversity conservation facilities that meet the conditions prescribed in Article 18 of this Circular.
3. Restoration of endangered, precious and rare flora prioritized for protection shall be carried out at their natural distribution areas:
a) Endangered, precious and rare flora prioritized for restoration shall be planted in nature reserves located within the species’ natural distribution areas;
b) The Management Board of the nature reserves shall prepare and submit the restoration project for flora prioritized for protection to the competent authority for approval and implementation in accordance with the plan for conservation of species prioritized for protection at the nature reserves.
c) The unit assigned to manage and use the land, forest and water surface outside the boundaries of national parks and nature reserves where the restoration project for endangered, precious and rare flora is planned shall cooperate with organizations and individuals in implementing the restoration project for endangered, precious and rare flora.
4. In cases where animals become ill, die or reproduce during the raising process, the facility owner shall notify the local fisheries authority, the local forest protection authority or the commune-level People’s Committee in provinces without a local forest protection authority for handling in accordance with relevant laws.
Article 17. Requirements for raising endangered, precious and rare fauna prioritized for protection at biodiversity conservation facilities
1. Requirements for land area, animal enclosures and physical facilities:
a) The area of the facilities shall be appropriate to the scale and registered species;
b) Animal enclosures shall have dimensions and designs appropriate to the biological characteristics of the species; comply with the standards issued by competent authorities or the design announced by international organizations; and confirmed by relevant CITES scientific authority to be suitable for the species’ ecological characteristics and biological needs;
c) The facilities shall satisfy the requirements for environmental and veterinary sanitation; and safety for both humans and the species;
d) The facilities have means and equipment for receiving and transferring the species if necessary;
dd) The facilities have isolation areas to prevent diseases during the monitoring process;
e) The facilities shall install areas for wildlife rehabilitation in case of captive breeding for conservation purposes.
2. Requirements for personnel:
a) Personnel responsible for examination and treatment for animals at the conservation facilities must hold degrees in veterinary medicine, animal husbandry or aquaculture;
b) Personnel responsible for care of animals must hold a certificate for professional training on care, disease prevention and treatment of animal.
3. Requirements for financial and management capacity of the facility:
a) The facility has a financial plan for the operation of the facility and contingency measures for the registered species in case the facility ceases its operation or is dissolved;
b) The facility has a plan for the organizational structure, operation and supervision of the facility’s activities;
c) The facility has procedures and techniques for raising; standards for feed and labor; and appropriate plans for disease prevention and treatment for the species being raised;
d) The facility has plans for the conservation, captive breeding and release of endangered, precious and rare animals prioritized for protection to their natural environment; plans for conducting awareness-raising and biodiversity conservation activities if it operates ecotourism; and plans for scientific research to conserve species prioritized for protection;
dd) The facility has plans for disease prevention, environmental protection and handling emergency risk situations.
Article 18. Requirements for artificial reproduction of endangered, precious and rare flora prioritized for protection at biodiversity conservation facilities
1. Requirements for physical facilities:
a) The facilities shall comply with the standards issued by competent authorities or the design announced by international organizations; and be confirmed by relevant CITES scientific authority to be suitable for the species’ ecological characteristics and biological needs;
b) The area of the facilities shall be appropriate to the scale and registered species;
c) The facilities have equipment for raising and artificial reproduction suitable for the species being cultivated and reproduced;
d) The facilities have equipment for waste treatment and control of disease transmission to the surrounding environment.
2. Requirements for personnel:
The personnel responsible for techniques of the facilities shall hold degrees in biology, biotechnology, plant quarantine, cultivation or relevant fields.
3. Requirements for financial and management capacity of the facility:
a) The facility has a financial plan for the operation of the facility;
b) The facility has a plan for the organizational structure, operation and supervision of the facility’s activities;
c) The facility has procedures and techniques for cultivation and artificial reproduction of the species at the facility.
Article 19. Requirements for animal rescue facilities
1. Requirements for land area, animal enclosures and physical facilities:
a) The facilities shall comply with the standards issued by competent authorities or the design announced by international organizations; and be confirmed by relevant CITES scientific authority to be suitable for ecological characteristics and biological behavior of the rescued species;
b) The area of the facilities shall be appropriate for the scale and rescued species at the facilities. The facilities have an isolation area for newly received animals before releasing them back to their natural habitat;
c) The facilities shall have enclosures, cages and tanks that ensure a living environment suitable for the biological and ecological characteristics; and maintain the wild behaviors of the rescued species;
d) The facilities shall have equipment for care, environmental protection, disease prevention and safety conditions for both people and the rescued species;
dd) The facilities have means and equipment for receiving and transferring the rescued species if necessary.
2. Requirements for personnel:
a) Personnel responsible for techniques shall hold degrees in veterinary medicine, animal husbandry, aquaculture; aquatic pathology for practicing aquatic veterinary medicine; or fields related to biology, forestry or fisheries;
b) Personnel responsible for rescue and care of animals shall hold a certificate for professional training on care, disease prevention and treatment of animal.
3. Requirements for financial and management capacity of the facility:
a) The facility has a financial plan for the operation of the facility;
b) The facility has a plan for the organizational structure, operation and supervision of the facility’s activities;
c) The facility has procedures for animal rescue and care; standards for food and labor during the rescue process.
Article 20. Requirements for storage of endemic, endangered, precious and rare microorganisms and fungi prioritized for protection; conservation of genetic resources and genetic specimens at biodiversity conservation facilities
1. Requirements for physical facilities:
a) The facilities shall comply with the standards issued by competent authorities or the design announced by international organizations; and be confirmed by relevant specialized authorities to be suitable for stored and preserved species;
b) The area of the facilities shall be appropriate to the scale and registered species;
c) The facilities shall have equipment for processing and conserving specimens before long-term storage and preservation;
d) The facilities shall have a storage and preservation room designed for conditions of long-term conservation of specimens, and protection of specimens from the impact of surrounding environmental factors;
dd) The facilities shall have necessary analytical equipment to examine and determine the quality of genetic resources and genetic specimens;
e) The facilities shall have waste treatment equipment and measures to control the spread of diseases to the surrounding environment; ensure biosafety conditions in accordance with the law.
2. Requirements for personnel:
The personnel responsible for techniques shall hold bachelor’s degrees or higher in biology, biotechnology or relevant scientific fields.
3. Requirements for financial and management capacity of the facility:
a) The facility has a financial plan for the operation of the facility and contingency measures in case the facility ceases its operation or is dissolved;
b) The facility has a plan for the organizational structure, operation and supervision of the facility’s activities;
c) The facility has procedures and techniques for preserving endemic, endangered, precious and rare microorganisms and fungi prioritized for protection; and conserving genetic resources and genetic specimens at the facility.
Article 21. Procedures for issuance of licenses for biodiversity conservation facilities
1. The dossier includes:
a) The original application for issuance of the license for biodiversity conservation facility using Form No. 20 in Appendix II attached to this Circular;
b) The original project for establishment of biodiversity conservation facility using Form No. 21 in Appendix II attached to this Circular;
2. Procedures:
a) Organizations and individuals shall submit a set of dossier as prescribed in clause 1 of this Article in person, by post or via electronic means to the Department of Agriculture and Environment. The dossier submitted via electronic means shall comply with Government’s regulations on administrative procedures by electronic means;
b) The Department of Agriculture and Environment shall review the dossier and immediately make a response about the validity of the dossier if the dossier is submitted in person; and make a response within 01 working day if the dossier is submitted by post and via electronic means. If the dossier is not valid, a written notification stating the reason shall be sent to the organizations and individuals;
c) Within 03 working days from the receipt of the dossier, the Department of Agriculture and Environment shall review the valid of the dossier; send a written notification on the validity of the dossier to the applicants. The waiting time for supplementation and completion of the dossier is not included in the time limit for appraisal of the dossier;
d) Within 22 working days from the receipt of the valid dossier, the Department of Agriculture and Environment shall report to the province-level People’s Committee for establishment of the Appraisal Council and organization of the appraisal. The Appraisal Council must have at least 07 members including 01 President; 01 Deputy President (if necessary); 01 secretary and other members who are representatives of province-level state management authorities in agriculture and environment; science and technology; CITES scientific authorities; and experts in suitable fields;
dd) Within 03 working days from the date of issuance of the appraisal result, of the Department of Agriculture and Environment shall report to the province-level People’s Committee for consideration and issuance of the Decision on issuance of the license for biodiversity conservation facility. Within 02 working days, the province-level People’s Committee shall consider and decide on the issuance of the license for biodiversity conservation facility in accordance with Form No. 22 in Appendix II attached to this Circular. A notification stating reasons shall be sent to organizations and individuals if it is not eligible for issuance of the license for biodiversity conservation facility;
e) Within 01 working day from the issuance of the license, the Department of Agriculture and Environment shall return the license to the applicants.
g) If a biodiversity conservation facility requests for supplementation of the number of species and individuals not included in the List of registered species at the time of establishment of the facility, the facility shall comply with Article 16; and clauses 1, 2, and 3 of this Article.
3. Annually, before December 31, the head of the biodiversity conservation facility is responsible for reporting the conservation status of species in the List of species prioritized for using Form No. 23 in Appendix II attached to this Circular to the province-level People’s Committee via the Department of Agriculture and Environment.
Article 22. Revocation of licenses for biodiversity conservation facilities
1. The biodiversity conservation facilities shall have their licenses revoked in one of the following cases:
a) The facilities request for revocation of the licenses;
b) The facilities have ceased their operation for more than 01 month;
c) The facilities commit violations and bear criminal liability related to the management of endangered, precious and rare species prioritized for protection;
d) The facilities fail to satisfy requirements prescribed in Articles 17. 18, 19 and 20 of this Circular;
dd) The facilities fail to carry out activities as prescribed in the approved plan for establishment of the biodiversity conservation facility within 12 months after the receipt of the licenses ;
e) Organizations and individuals applying for licenses for biodiversity conservation facilities provide false information to obtain the licenses.
2. Procedures for revocation of licenses for biodiversity conservation facilities in cases prescribed in point a, clause 1 of this Article:
a) In cases prescribed in point a, clause 1 of this Article, organizations and individuals shall submit 01 original request for revocation of the license for biodiversity conservation facility using Form No. 24 in Appendix II attached to this Circular to the Department of Agriculture and Environment by post, in person at the single-window department or via electronic means. The dossier submitted via electronic means shall comply with Government’s regulations on administrative procedures by electronic means;
Within 10 working days from the receipt of the request of the biodiversity conservation facility, the Department of Agriculture and Environment shall report to the province-level People’s Committee for consideration and issuance of the Decision on revocation of the license for biodiversity conservation facility using Form No. 25 in Appendix II attached to this Circular; and announcement on the website of the province-level People’s Committee.
b) Within 10 working days from the receipt of the information prescribed in points b, c, d, dd and e, point 1 of this Article, the Department of Agriculture and Environment shall verify the information and report to the province-level People’s Committee for consideration and issuance of the Decision on revocation of the license for biodiversity conservation facility using Form No. 25 in Appendix II attached to this Circular; and announcement on the website of the province-level People’s Committee.
3. Within 30 working days from the issuance of the Decision on revocation of the license for biodiversity conservation facility, the facility owners shall transfer the captive species to the biodiversity conservation facility that satisfies the requirements prescribed in this Circular, and prepare a handover record using Form No. 06 in Appendix II attached to this Circular.
Section 3. PROCESSING AND TRADING OF SPECIMENS OF ENDANGERED, PRECIOUS AND RARE SPECIES; RAISING OF COMMON WILD FAUNA
Article 23. Processing and trading of specimens of endangered, precious and rare species
1. The processing and trading of specimens of endangered, precious and rare species are only allowed in the following cases:
a) Specimens of F2 hybrids and subsequent generation of fauna in Group I generated by captive breeding that have been assigned identification codes. Specimens of F1 hybrids and subsequent generation of fauna in Group II generated by captive breeding that have been assigned identification codes;
b) Specimens of flora from raising facilities that have been assigned identification codes;
c) Specimens from legally imported sources in accordance with the law;
d) Specimens exploited from salvage and utilization as prescribed in Article 10 of this Circular.
2. The processing and trading of specimens of endangered, precious and rare species prioritized for protection for commercial purposes shall only apply to F2 hybrids and subsequent generation as determined by Vietnam CITES Scientific Authority regarding their capability for reproduction and growth over multiple generations in a controlled environment; and comply with forestry and fisheries laws on traceability.
3. The processing and trading of specimens of species in Appendix I of the CITES is the same as for those of Group I wild endangered, precious and rare fauna and flora. The processing and trading of specimens of species in Appendices II and III of the CITES is the same as for those of Group II wild endangered, precious and rare fauna and flora.
4. The owners of production and processing facilities shall keep records of production and processing activities using Form No. 26 in Appendix II attached to this Circular.
Article 24. Raising of common wild fauna
1. Common wild animals permitted for raising are economically valuable species including mammals, birds, reptiles and amphibians that are not included in the List of endangered, rare and precious species attached to this Circular; species listed in Appendices I and II of the CITES; or the list of animals domesticated and raised as livestock in accordance with regulations on animal husbandry.
2. Requirements for raising of common wild fauna:
a) The fauna has legal origin in accordance with the Minister of Agriculture and Environment on the management and traceability of forest products;
b) The facilities shall ensure safety for the people and comply with the laws on environment and veterinary medicine;
c) Raising facilities shall not be located in areas where animal husbandry is prohibited in accordance with the law on animal husbandry.
3. Organizations and individuals raising common wild fauna shall keep records using Form No. 07 in Appendix II attached to this Circular. Within 03 working days from the receipt of common wild fauna to the raising facilities, organizations and individuals shall send a notification using Form No. 08 in Appendix II attached to this Circular the local forest protection authority or the commune-level People’s Committee in provinces without a local forest protection authority for monitoring and management.
Article 25. Requirements for raising fauna and flora in the Appendices of the CITES
1. Organizations and individuals shall be granted a identification code for their raising facilities before raising, except in cases prescribed in clauses 4 and 6 of this Article. Within 03 working days from the receipt of fauna and flora to the raising facility, the organizations or individuals shall send a notification using Form No. 08 in Appendix II attached to this Circular; and a copy of the specimen origin dossiers to the local forest protection authority or the commune-level People’s Committee in provinces without a local forest protection authority for management.
2. Regarding fauna:
a) The fauna must have legal origin in accordance with regulations of the Minister of Agriculture and Environment on forest product management; handling of forest and aquatic products recognized as assets under the ownership of the people. Mammals prescribed in Appendix I of the CITES shall be marked for traceability;
b) Animal enclosures and farms shall be suitable for the characteristics of the species in accordance with the standards issued by competent state authorities. If there is no standard for the animal enclosures and farms, the authority issuing the identification code are responsible for making the decision or consulting with Vietnam CITES Scientific Authority with expertise on enclosures and farms before making a decision;
c) The raising facilities shall comply with relevant laws on environment and veterinary medicine;
d) Raising facilities shall not be located in areas where animal husbandry is prohibited in accordance with the law on animal husbandry;
dd) In cases of raising species in the Appendices of the CITES that do not naturally distribute in Vietnam and are being registered for raising in Vietnam for the first time, it is compulsory to obtain a written confirmation from Vietnam CITES Scientific Authority stating that the raising will not affect the survival of the species and other relevant species in the wild.
3. Regarding flora:
a) The flora must have legal origin in accordance with regulations of the Minister of Agriculture and Environment on forest product management; handling of forest and aquatic products recognized as assets under the ownership of the people;
b) In cases of raising species in the Appendices of the CITES that do not naturally distribute in Vietnam and are being registered for raising in Vietnam for the first time, it is compulsory to obtain a written confirmation from Vietnam CITES Scientific Authority stating that the raising will not affect the survival of the species and other relevant species in the wild.
4. The raising of aquatic species in the Appendices of the CITES (except amphibians and aquatic species in Appendix I of the CITES that are raised for export) shall be conducted in accordance with the fisheries law on endangered, precious, and rare species.
5. The exploitation, sale, transfer of the ownership and transportation of specimens in the Appendices of the CITES of raising facilities that have been assigned an identification code, the owners of the facilities shall update relevant information in the logbook using Form No. 07 in Appendix II attached to this Circular, and comply with the regulations on forest product dossiers of the Minister of Agriculture and Environment.
6. The raising of species in Appendix I of the CITES which are also included in the List of endangered, precious and rare species prioritized for protection to serve biodiversity conservation, scientific research and ecotourism shall be conducted in accordance with Section 2, Chapter II of this Circular.
7. Organizations, households and individuals engaged in raising species shall establish a logbook for recording raising activities using Form No. 07 in Appendix II attached to this Circular.
Article 26. Registration for identification codes of facilities raising fauna and flora in Appendices of the CITES
1. The authority responsible for issuing identification codes:
a) The province-level forest protection authority shall issue identification codes to facilities raising fauna and flora in Appendices of the CITES, except in cases prescribed in point b of this clause;
b) The province-level state management authority for fisheries shall issue identification codes to facilities raising aquatic species in Appendix I of the CITES for export. In cases of raising aquatic species in Appendix I of the CITES for non-export purpose, Appendix II and Appendix III of the CITES, the issuance of identification codes shall comply with fisheries law.
2. Dossier for issuance of identification codes for raising facilities
a) The original application for issuance of identification codes using Form No. 27 in the Appendix attached to this Circular;
b) The original plans for raising in accordance with Part I, Form No. 19; Part I, Form No. 28 of Appendix II attached to this Circular, except in cases prescribed in point c of this clause;
b) For cases of raising species in Appendices of the CITES for export: The original plans for raising in accordance with Part II, Form No. 19; Part II, Form No. 28 of Appendix II attached to this Circular.
3. Implementation procedures:
a) The owners of raising facilities shall submit a set of dossier as prescribed in clause 2 of this Article to the authority responsible for issuing identification codes in person, by post or electronic means. The dossier submitted via electronic means shall comply with Government’s regulations on administrative procedures by electronic means;
b) The authority responsible for issuing identification codes shall review the dossier and immediately make a response about the validity of the dossier if the dossier is submitted in person; and make a response within 01 working day if the dossier is submitted by post and via electronic means. If the dossier is not valid, a written notification stating the reason shall be sent to the applicants;
c) Within 03 working days from the receipt of the valid dossier, the authority shall issue identification codes for raising facilities of the applicants. In cases where a field inspection is required, within 15 working days from the date of receipt of a valid dossier, the authority responsible for issuing identification codes shall conduct the inspection and issue the identification codes for raising facilities of the applicants using Form No. 29 in Appendix II attached to this Circular;
In cases of not eligible for issuance of identification codes, the authority shall notify in writing and clearly state the reasons;
If the dossier is not valid, within 03 working days from the receipt of the dossier, the authority responsible for issuing identification codes shall return the dossier and clearly state the reasons to the applicants in writing.
d) In cases of raising wild fauna and flora on Appendix I of the CITES for domestic commercial and export, within 15 working days from the receipt of valid dossier, the authority responsible for issuing identification codes shall conduct field inspection if necessary, and submit dossier to Vietnam CITES Management Authority for report to the CITES Secretariat.
Within 02 working days from the receipt of the dossier, Vietnam CITES Management Authority shall submit the dossier to the CITES Secretariat.
Within 02 working days from the receipt of approval of the CITES Secretariat, Vietnam CITES Management Authority shall notify the authority responsible for issuing identification codes in writing. Within 03 working days from the receipt of notification from Vietnam CITES Management Authority, the authority responsible for issuing identification codes shall issue the identification codes for the owners of raising facilities;
Within 01 working day from the receipt of notification on reject of the dossier from the CITES Secretariat, Vietnam CITES Management Authority shall notify the authority responsible for issuing identification codes in writing. Within 01 working day from the receipt of the notification from Vietnam CITES Management Authority, the authority responsible for issuing identification codes shall notify the applicants in writing.
dd) Within 01 working day from the issuance of identification codes for raising facilities, the authority responsible for issuing identification codes shall return the result to the applicants.
4. Procedures for confirmation of Vietnam CITES Scientific Authority in cases of raising species in Appendices of the CITES that do not naturally distribute in Vietnam and are being registered for raising in Vietnam for the first time:
a) Within 02 working days from the receipt of valid dossier for issuance of identification codes of raising facilities, the authority as prescribed in clause 1 of this Article is responsible for sending a request for confirmation to Vietnam CITES Scientific Authority;
b) Within 07 working days from the receipt of the request of the authority responsible for issuing identification codes, Vietnam CITES Scientific Authority is responsible for providing a written response regarding the confirmation of whether the raising activities affect or do not affect the survival of the species and other relevant species in the wild.
5. Re-issuance of identification codes: If a raising facility issued an identification code makes changes to raising locations, raising purposes, or adds new species, organizations and individuals shall submit an dossier as prescribed in clause 2 of this Article attached with issued codes to the authority responsible for issuing identification codes for re-issuance of the codes. The procedures for re-issuance of identification codes shall comply with clause 3 of this Article.
6. Cancellation of identification codes:
a) Identification codes shall be cancelled in the following cases: facilities that voluntarily request; facilities that change raising locations; facilities that fail to satisfy requirements for raising or violate regulations on management and traceability as prescribed by the Minister of Agriculture and Environment;
b) Methods of cancellation: Within 07 working days from the receipt of request or information as prescribed in point a of this clause, the authority responsible for issuing identification codes as prescribed in clause 1 of this Article shall issue the Decision on cancellation of the identification code using Form No. 30 in Appendix II attached to this Circular in accordance with the request of the owners of raising facilities or competent state management authorities;
c) Within 60 working days from the issuance of the Decision on cancellation of the identification code, the owners of raising facilities shall transfer fauna and flora to eligible facilities as prescribed in this Circular.
Section 2. EXPORT, IMPORT, RE-EXPORT, INTRODUCTION FROM THE SEA AND TRANSIT
Article 27. Export, import, re-export, introduction from the sea and transit of specimens of fauna and flora in the Appendices of the CITES
1. Requirements for export, import, re-export, introduction from the sea and transit of specimens of fauna and flora in the Appendices of the CITES include: having CITES permit issued by Vietnam CITES Management Authority, except for cases prescribed in clauses 6 and 7 of this Article.
2. Export of specimens of wild fauna and flora in the Appendices of the CITES is licensed in the following cases: Serving approved national-level or ministerial-level scientific research projects and topics, or serving foreign affairs as decided by the Prime Minister.
3. Export of specimens of fauna and flora in the Appendices of the CITES originating from captive breeding, ranching and artificial reproduction is licensed in the following cases:
a) For species in Appendix I of the CITES: specimens of F2 hybrids and subsequent generation of fauna species originating from captive breeding at facilities that have been assigned codes by the CITES Secretariat; flora specimens from facilities that have been assigned codes by the CITES Secretariat;
b) For species in Appendices II and III of the CITES: specimens of F1 hybrids and subsequent generation of fauna species originating from captive breeding at facilities that have been assigned codes; flora specimens in Appendices II and III of the CITES from facilities that have been assigned codes;
c) For aquatic specimens in the Appendices in the CITES: specimens of F2 hybrids and subsequent generation of species in Appendix I of the CITES; specimens of F1 hybrids and subsequent generation of species in Appendices II and III of the CITES from the facilities issued the license for biodiversity conservation facility as prescribed by fisheries law.
4. Vietnam CITES Management Authority shall issue the CITES permit for export, import, re-export, introduction from the sea and transit of specimens of fauna and flora in the Appendices of the CITES; and export of specimens of endangered, precious and rare species.
5. If the CITES Secretariat issues a notification requesting member states to temporarily suspend or prohibit the trade of specimens of any species from one or more CITES member states, Vietnam CITES Management Authority is responsible for reporting to the Ministry of Agriculture and Environment within 05 working days from the receipt of the notification. The Ministry of Agriculture and Environment shall translate and disclose the notification on the websites of the Government and the Ministry of Agriculture and Environment.
If the export or re-export date of specimens of fauna and flora in Appendices of the CITES imported into Vietnam is before the effective date of the trade suspension notification issued by the CITES Secretariat, Vietnam CITES Management Authority shall issue the CITES permit for import of that shipment in accordance with Article 30 of this Circular, except in cases where the CITES Secretariat issues another notification.
6. Requirements import of specimens of fauna and flora in the Appendices of the CITES in cases where a CITES importing permit is not required include:
a) Import of Pre-Convention specimens:
If specimens of a species in the Appendices of the CITES were exported or re-exported before the date when the CITES applies to that species, organizations or individuals shall submit a copy of the bill of lading, or other equivalent transport documents for the imported shipment to the customs authority.
If imported pre-Convention specimens are exported or re-exported from the date the CITES applies to that species, organizations or individuals shall submit the original CITES exporting or re-exporting permit, or the pre-Convention certificate issued by the exporting or re-exporting country to the customs authority;
b) Import of aquatic specimens (excluding reptiles and amphibians) in Appendix I of the CITES at raising facilities that have been registered with codes by the CITES Secretariat, as well as species in Appendices II and III of the CITES: Organizations and individuals importing the specimens shall submit the original the CITES exporting or re-exporting permit to the customs authority;
c) Import of specimens in Appendix III of the CITES from a country that do not propose the species for inclusion in the Appendices of the CITES: Organizations and individuals importing the specimens shall submit the copy of the certificate of origin issued by the exporting country.
7. Organizations or individuals transporting specimens of fauna and flora in the Appendices of the CITES in transit are not required to complete procedures for issuance of the CITES permit in Vietnam. Organizations and individuals conducting transit shall submit a copy of the CITES exporting or re-exporting permit issued by the exporting or re-exporting country to the customs authority.
Article 28. CITES permits and certificates
1. The CITES permit as prescribed in Form No. 31 of Appendix II attached to this Circular shall be issued for the export, import, re-export and introduction from the sea of specimens of fauna and flora in the Appendices of the CITES; export of specimens of fauna and flora in the List of endangered, precious and rare species. The permit shall not be issued for individuals or households that own less than 05 specimens.
2. The validity duration of the exporting or re-exporting permit is no more than 06 months from the date of issuance. The validity duration of the importing permit is no more than 12 months from the date of issuance.
3. The CITES certificate shall be issued as one original or electronic copy, and is valid for a single use only.
Article 29. Procedures for issuance of CITES permits for export and re-export of specimens of fauna and flora in the Appendices of the CITES
1. Vietnam CITES Management Authority shall issue the CITES permits for export and re-export.
2. The dossier includes:
a) The original dossier for CITES permit using Form No. 32 in Appendix II attached to this Circular;
b) The copy of the inventory list of forest products certified by the local forest protection authority in accordance with regulations of the Minister of Agriculture and Environment on forest product management; handling of forest and aquatic products recognized as assets under the ownership of the people, or the copy of the certificate of origin of aquatic products in accordance with fisheries law.
c) Regarding export and re-export of wild specimens for scientific research and foreign affairs: In addition to documents prescribed in points a and b of this clause, it is compulsory to include the copy of the agreement on the scientific research cooperation program; the confirmation document of diplomatic gifts or presents certified by the competent authority in cases serving foreign affairs;
d) Regarding export and re-export of specimens in Appendix I of the CITES, except for specimens in Appendix I at facilities that have been registered with codes issued by the CITES Secretariat: In addition to documents prescribed in points a and b of this clause, it is compulsory to include the copy of the importing permit issued by the CITES Management Authority of the importing country;
dd) Regarding export or re-export of live specimens for exhibitions and circus performances: In addition to the documents prescribed in points a and b of this clause, it is compulsory to submit the copy of the Decision on appointment for participation in overseas exhibitions or circus performances issued by the competent authority, or an invitation letter from the foreign organization.
3. Procedures:
a) Organizations and individuals shall submit a set of dossier as prescribed in clause 2 of this Article in person, by post or via electronic means to Vietnam CITES Management Authority. The dossier submitted via electronic means shall comply with Government’s regulations on administrative procedures by electronic means;
b) Vietnam CITES Management Authority shall review and immediately make a response about the validity of the dossier if the dossier is submitted in person; and make a response within 01 working day if the dossier is submitted by post and via electronic means. If the dossier is not valid, a written notification stating the reason shall be sent to the applicants;
c) Within 05 working days from the receipt of the valid dossier, Vietnam CITES Management Authority shall issue the CITES permit, except for cases in points d of this clause;
d) In cases where consultation is required regarding the impact of export or re-export on the survival of the species, or when a field inspection is required before issuance of the permit due to suspected illegality of the specimen, Vietnam CITES Management Authority shall seek opinions from Vietnam CITES Scientific Authority or consult with the specialized management authority for verification before issuance of the permit. The time limit for issuance of the permit is 10 working days from the receipt of the valid dossier.
If it is not eligible for issuance of CITES permit, Vietnam CITES Management Authority shall notify the applicants in writing and clearly state the reason.
dd) Within 01 working day from the issuance of the CITES permit, Vietnam CITES Management Authority shall return the permit to the applicants.
4. In cases of export of specimens that are personal or household belongings as prescribed in clause 20, Article 3 with a quantity of 5 or more specimens of different types, the organization or individual shall follow the procedures as prescribed in this Article.
Article 30. Procedures for issuance of CITES permits for import of specimens of fauna and flora in the Appendices of the CITES
1. Vietnam CITES Management Authority shall issue the CITES importing permits.
2. The dossier includes:
a) The original application for the permit using Form No. 32 in Appendix II attached to this Circular;
b) The copy of the CITES exporting or re-exporting permit issued by the CITES Management Authority of the exporting or re-exporting country for species in Appendices II and III of the CITES, and for species listed in Appendix I of the CITES from facilities that have been registered with codes issued by the CITES Secretariat;
c) Regarding import of wild specimens in Appendix I for non-commercial purposes: In addition to the documents prescribed in point a of this clause, it is compulsory to submit the codes of the raising facility in cases of import of live specimens, and the copy of one of the following documents: the agreement on the scientific research cooperation program approved by the competent authority for scientific research purposes; or a confirmation document of diplomatic gifts approved by the competent authority for foreign affairs; or an invitation letter in exhibitions or circus performances issued by the competent authority for exhibition purposes;
d) Regarding import of live animals for raising: In addition to points a and b of this clause, it is compulsory to include the copy of the code of the raising facility, or the license for biodiversity conservation facility;
dd) Regarding import of specimens from a country that is not a member state of the CITES, it is compulsory to include the exporting or re-exporting permit issued by the competent authority of the exporting country;
e) In the case of exchange or return of specimens between two countries: it is compulsory to include a document from the CITES Management Authority of the exporting or re-exporting country regarding the exchange or return of specimens to the country of origin.
3. Procedures:
a) Organizations and individuals shall submit a set of dossier as prescribed in clause 2 of this Article in person, by post or via electronic means to Vietnam CITES Management Authority. The dossier submitted via electronic means shall comply with Government’s regulations on administrative procedures by electronic means;
b) Vietnam CITES Management Authority shall review and immediately make a response about the validity of the dossier if the dossier is submitted in person; and make a response within 01 working day if the dossier is submitted by post and via electronic means. If the application is not valid, a written notification stating the reason shall be sent to the applicants;
c) Within 05 working days from the receipt of the valid application, Vietnam CITES Management Authority shall issue the CITES importing permit.
d) In cases of importing specimens originating from exporting countries located in geographical areas that are non-compliant with laws on forest product management and traceability; the exporting or re-exporting permit is counterfeit; the exporting or re-exporting permit shows signs of erasure or alteration, Vietnam CITES Management Authority shall consult with the authority issuing CITES exporting or re-exporting permit regarding information related to the exporting or re-exporting permit.
In cases of import of live specimens being imported into Vietnam for the first time, Vietnam CITES Management Authority shall consult Vietnam CITES Scientific Authority regarding the impact of the import on the environment in Vietnam.
The time limit for handling the dossier in cases requiring consultation shall not exceed 15 working days from the receipt of the valid application.
dd) Within 01 working day from the issuance of the CITES permit, Vietnam CITES Management Authority shall return the permit to the applicants.
4. Procedures for consultation:
a) In cases of consultation with the relevant authority of the exporting or re-exporting country: Within 03 working days from the receipt of the valid application, Vietnam CITES Management Authority shall send the consultation via email.
dd) Within 03 working day from the receipt of the consultation result from the authority issuing CITES exporting or re-exporting permit, Vietnam CITES Management Authority shall issue the permit to the applicants, or send a written notification on refusal of issuance of the permit with clear reasons.
If Vietnam CITES Management Authority has not received the consultation result from the authority issuing CITES exporting or re-exporting permit after 09 working days from the consultation, Vietnam CITES Management Authority shall notify the applicants in writing and return the application.
b) In cases of consultation with Vietnam CITES Scientific Authority: Within 03 working days from the receipt of the valid application, Vietnam CITES Management Authority shall send a consultation document to Vietnam CITES Scientific Authority.
Within 09 working days from the receipt of the document of Vietnam CITES Scientific Authority, the CITES Scientific Authority shall respond in writing.
Within 03 working days from the receipt of the consultation result from Vietnam CITES Scientific Authority, Vietnam CITES Management Authority shall issue the permit to the applicants, or send a written notification on refusal of issuance of the permit with clear reasons.
5. In cases of import of specimens that are personal or household belongings as prescribed in clause 20, Article 3 with a quantity of 5 or more specimens of different types, the organization or individual shall follow the procedures as prescribed in this Article.
Article 31. Procedures for issuance of CITES permits for introduction from the sea of specimens of fauna and flora in the Appendices I and II of the CITES
1. Vietnam CITES Management Authority shall issue the CITES permits for introduction from the sea.
2. The dossier includes:
a) The original application for introduction from the sea using Form No. 32 in Appendix II attached to this Circular;
b) The copy of license for raising aquatic species.
3. Procedures:
a) Organizations and individuals shall submit a set of dossier as prescribed in clause 2 of this Article in person, by post or via electronic means to Vietnam CITES Management Authority. The dossier submitted via electronic means shall comply with Government’s regulations on administrative procedures by electronic means;
b) Vietnam CITES Management Authority shall review and immediately make a response about the validity of the dossier if the dossier is submitted in person; and make a response within 01 working day if the dossier is submitted by post and via electronic means. If the application is not valid, a written notification stating the reason shall be sent to the applicants;
c) Within 05 working days from the receipt of the valid application, Vietnam CITES Management Authority shall issue the permit.
In cases of introduction from the sea of live animals, Vietnam CITES Management Authority shall consult Vietnam CITES Scientific Authority and the central-level fisheries management authority regarding the impact on the imported live animals, animals in Vietnam and the surrounding environment. The time limit for processing dossier in cases requiring consultation shall not exceed 10 working days from the date of receipt of a the valid application.
d) Within 01 working day from the issuance of the CITES permit, Vietnam CITES Management Authority shall return the permit to the applicants.
4. Procedures for consultation:
Within 02 working days from the receipt of the valid application, Vietnam CITES Management Authority shall send a consultation document to Vietnam CITES Scientific Authority and the central-level fisheries management authority.
Within 05 working days from the receipt of the consultation document of Vietnam CITES Management Authority, Vietnam CITES Scientific Authority and the central-level fisheries management authority shall respond in writing.
Within 01 working day from the receipt of the consultation result from Vietnam CITES Scientific Authority and the central-level fisheries management authority, Vietnam CITES Management Authority shall issue the permit to the applicants, or send a written notification on refusal of issuance of the permit with clear reasons.
Article 32. Replacement of the CITES permits
1. Vietnam CITES Management Authority shall issue the replacement permits in cases the issued permits are damaged or contains errors.
2. The dossier includes:
a) The original application for issuance of the CITES permit and the original issued CITES permit in cases the issued permits are damaged or contains errors;
b) The original application for issuance of the CITES permit and the copy of issued CITES permit in cases the electronic permit contains errors.
3. Procedures:
a) Organizations and individuals shall submit a set of dossier as prescribed in clause 2 of this Article in person, by post or via electronic means to Vietnam CITES Management Authority. The dossier submitted via electronic means shall comply with Government’s regulations on administrative procedures by electronic means;
b) Vietnam CITES Management Authority shall review and immediately make a response about the validity of the dossier if the dossier is submitted in person; and make a response within 01 working day if the dossier is submitted by post and via electronic means. If the application is not valid, a written notification stating the reason shall be sent to the applicants;
c) Within 02 working days from the receipt of the dossier, Vietnam CITES Management Authority shall issue the replacement CITES permit.
d) Within 01 working day from the issuance of the CITES permit, Vietnam CITES Management Authority shall return the permit to the applicants.
Article 33. Cancellation of CITES permits
1. Vietnam CITES Management Authority shall cancel the CITES permits in the following cases:
a) The permits are not issued in accordance with the law;
b) The permits have been erased or altered.
2. Vietnam CITES Management Authority shall issue the Decision on cancellation of CITES permit using Form No. 33 in Appendix attached to this Circular.
Article 34. CITES enforcement authority
Vietnam Administration of Forestry and Forest Protection is Vietnam CITES Management Authority responsible for advising the Minister of Agriculture and Environment to execute rights and obligations of a CITES member state.
Article 35. Vietnam CITES Scientific Authority
1. The Ministry of Agriculture and Environment shall decide the criteria and procedures for appointing CITES Scientific Authority to perform the following tasks:
a) Provide advices and be accountable to the law for the following content: assessment of the current status of populations, distribution areas, levels of endangerment, rarity, and risk of extinction of wild flora and fauna; consultation on the issuance of CITES permits and CITES certificates for the export, import, re-export and introduction from the sea of specimens of flora and fauna in the Appendices of the CITES; rescue and care of live specimens; identification of suitable habitats and distribution areas for the release of endangered, rare and precious fauna, and fauna in the Appendices of the CITES; consultation on ranching, captive breeding and artificial reproduction of endangered and precious wild flora and fauna, as well as fauna and flora in the Appendices of the CITES; appraisal of projects on ranching, captive breeding and artificial reproduction of wild fauna and flora species; appraisal of projects for establishing biodiversity conservation facilities; conservation breeding and cultivation at biodiversity conservation facilities; confirmation that the exploitation of endangered and precious species prioritized for protection does not affect the survival and development of the species in the wild; and plans for ex-situ conservation;
b) Participate in developing the List of endangered, precious and rare species; and the List of common wild fauna species;
c) Perform judicial expertise on wild fauna and flora when being requested or required in accordance with the law on judicial expertise and relevant laws.
2. Vietnam CITES Scientific Authority shall submit annual report to the Ministry of Agriculture and Environment before December 15 of the reporting year, or ad hoc reports on results of tasks prescribed in clause 1 of this Article.
Article 36. Principles for handling confiscated specimens of fauna and flora in the Appendices of the CITES
1. Confiscated specimens with domestic origin shall be handled in accordance with the law on management and use of public property.
2. Confiscated specimens of imported origin shall be returned to the country of origin or the exporting country in accordance with the following procedures:
The responsible authority shall prepare a plan for handling the asset in accordance with the law on management and use of public property and send a written request to Vietnam CITES Management Authority to return the imported specimens. Within 05 working days from the receipt of the request, Vietnam CITES Management Authority shall send a written request to the CITES Management Authority of the country of origin or the exporting country regarding the confiscated specimens. Within 30 days from the date Vietnam CITES Management Authority sends the request, if the CITES Management Authority of the country of origin or the exporting country refuses to receive, does not respond, or fails to fulfill the obligation to pay the costs as prescribed by the CITES, the specimens shall be handled in accordance with clause 1 of this Article.
Article 37. Responsibilities for implementation
1. Vietnam Administration of Forestry and Forest Protection shall:
a) Organize the implementation of regulations on management, protection and conservation of endangered, rare and precious wild fauna and flora; and execute the CITES as prescribed in this Circular;
b) Provide guidelines, inspect and supervise the management of exploitation, raising, processing, trading, transportation, storage, advertisement, import, export, re-export, transit, introduction from the sea, captive breeding, ranching, artificial reproduction of specimens of endangered, rare and precious fauna and flora in the Appendices of the CITES, and raising of common wild fauna in accordance with this Circular and relevant laws;
c) Provide advices to the Ministry of Agriculture and Environment on announcement of information on endangered, rare and precious species in accordance with the law; translate and disclose information on the notification of the CITES Secretariat regarding the suspension of trade in specimens of any species from any CITES member state on the website of the Ministry of Agriculture and Environment;
d) Advise the Ministry of Agriculture and Environment on the publication of the List of fauna and flora under the Appendices of the CITES approved by the Conference of the Parties to the CITES;
dd) Conduct inspection and handle within jurisdiction violations regarding exploitation, raising, processing, trading, transportation, storage, advertisement, import, export, re-export, transit, introduction from the sea, captive breeding, ranching, artificial reproduction of specimens of endangered, rare and precious fauna and flora in the Appendices of the CITES, and raising of common wild fauna in accordance with this Circular and relevant laws.
e) Cooperate with Nature and Biodiversity Conservation Agency in advising the Ministry of Agriculture and Environment on promulgation and amendment to the List of endangered, rare and precious species.
2. Nature and Biodiversity Conservation Agency shall:
a) Organize the implementation of regulations on management and conservation of endangered, rare and precious species prioritized for protection as prescribed in this Circular;
b) Take charge and cooperate with relevant units in developing programs for conservation of wild fauna and flora in the List of endangered, rare and precious species prioritized for protection; report to the Minister of Agriculture and Environment for promulgation and implementation as assigned by the Minister; direct and provide guidelines for conservation of endangered, rare and precious species at the nature reserves, habitats, migration areas outside nature reserves of endangered, precious and rare species, and at biodiversity conservation facilities;
c) Provide guidelines, conduct inspection and supervision of the management of biodiversity conservation facilities, exchange, donation, release to natural distribution areas, ex-situ conservation, exploitation, raising, conservation, export and import of endangered, precious, and rare species; conduct inspection on processing and commercial trading activities involving endangered, precious and rare species prioritized for protection; conduct surveys, monitoring and assessment of the status of endangered, precious and rare species nationwide; coordinate the management of information and databases related to these species;
d) Cooperate with Vietnam Administration of Forestry and Forest Protection in advising the Ministry of Agriculture and Environment on promulgation and amendment to the List of endangered, rare and precious species
3. The Department of Planning – Finance shall ensure the annual funding for units of the Ministry of Agriculture and Environment to implement the Circular in accordance with the law.
4. Other units of the Ministry shall execute regulations in this Circular within their functions and tasks.
5. Customs authorities shall:
a) Conduct inspection and verify to ensure that the management of exported, re-exported and imported specimens complies with this Circular; carry out the confirmation in boxes No. 14 and 15 on the original CITES permits for paper permits, copies printed by customs authorities from the electronic system, or the original electronic CITES permit;
b) Cooperate with relevant authorities in conducting inspection and handling violations within their jurisdiction as prescribed in this Circular;
c) Cooperate with Vietnam CITES Management Authority in executing the CITES; exchange information on cases of temporary detention, seizure and handling of violations regarding the export, import, re-export, transit and introduction from the sea of specimens of endangered, precious and rare species, as well as fauna and flora in the Appendices of the CITES;
d) Submit annual report on information and statistics on fauna and flora specimens in the Appendices of the CITES using Form No. 34 in Appendix II attached to this Circular to the Ministry of Agriculture and Environment before December 15 of the reporting year.
6. Relevant state management authorities shall:
a) Conduct inspection on the management of biodiversity conservation facilities; the exchange, donation, release to natural distribution areas, ex-situ conservation, processing, trading, transit, export, re-export, import, introduction from the sea, captive breeding, ranching and artificial production of specimens of endangered, precious, and rare species as well as fauna and flora species in the Appendices of the CITES; and raising of common wild fauna;
b) Cooperate with Vietnam CITES Management Authority in executing the CITES; exchange information on cases of temporary detention, seizure and handling of violations regarding the export, import, re-export, transit and introduction from the sea of specimens of endangered, precious and rare species, as well as fauna and flora in the Appendices of the CITES as prescribed in this Circular;
c) Submit annual report on information and statistics on fauna and flora specimens in the Appendices of the CITES using Form No. 34 in Appendix II attached to this Circular to the Ministry of Agriculture and Environment before December 15 of the reporting year.
7. Province-level People’s Committees shall:
a) Direct the inspection, monitoring and assessment of the status of endangered, precious and rare species within the province in accordance with Article 7 of this Circular; and periodically provide information on the inspection and assessment results of the province to the Ministry of Agriculture and Environment;
b) Direct the development of plans and implementation of plans for conservation of species prioritized for protection within the province and restoration of their habitats;
c) Conduct inspection and supervision of raising facilities, biodiversity conservation facilities; ensure the compliance with regulations on issuance of identification codes for raising establishments, licenses for biodiversity conservation facilities, and regulations on exploitation as prescribed in this Circular;
d) Submit annual report on information and statistics on fauna and flora specimens in the Appendices of the CITES using Form No. 34 in Appendix II attached to this Circular to the Ministry of Agriculture and Environment before December 15 of the reporting year.
Article 38. Transitional provisions
1. Raising facilities issued codes shall establish a monitoring logbook in accordance with this Circular within 90 days from the effective date of this Circular.
2. Organizations and individuals that have submitted dossiers for registration for raising facilities, wild exploitation; dossiers for issuance of licenses for biodiversity conservation facilities, CITES permits; dossiers for release, exchange or donation of specimens of endangered, precious and rare species prioritized for protection but have not yet been processed by the competent authorities shall comply with this Circular.
3. Within 03 months from the effective day of this Circular, the province-level People’s Committee shall direct specialized authorities to issue identification codes for the raising facilities or licenses for biodiversity conservation facilities to organizations and individuals who have raised endangered, precious and rare flora, or flora in the Appendices of the CITES but have not yet issued identification codes or licenses for biodiversity conservation facilities.
4. Within 02 years from the effective date of this Circular, facilities that raising or rescuing endangered, precious and rare fauna in the Appendices of the CITES that existed prior to the effective date of this Circular but have not yet issued identification codes or licenses for biodiversity conservation facilities, organizations and individuals shall submit a dossier for the issuance of identification code or licenses for biodiversity conservation facility in accordance with this Circular.
5. Raising facilities that have codes issued by Vietnam CITES Management Authority violating raising requirements prescribed in this Circular shall have their codes revoked by the authority responsible for issuing codes in accordance with this Circular.
6. CITES permits and CITES certificates issued by Vietnam CITES Management Authority before the effective date of this Circular shall be valid until their expiration date.
7. Specimens in the Appendices of the CITES that are exploited from the wild and have export quotas announced by the CITES Secretariat shall continue to be carried out until the expiration of the quota.
8. Investment and business activities involving specimens exploited from wild species in Group II of the List of endangered, precious and rare wild fauna and flora attached to this Circular, which are also included in Appendix III of the Law on Investment, shall be comply with investment laws.
9. The province-level People’s Committee shall direct the establishment and recognition of biodiversity conservation facilities in accordance with this Circular, and approve projects for upgrading state biodiversity conservation facilities under the biodiversity conservation plan to satisfy the requirements for biodiversity conservation facilities.
10. Biodiversity conservation facilities that have been issued licenses for biodiversity conservation facilities by the province-level People’s Committees are not required to obtain identification codes for raising facilities. Organizations and individuals that have records of raising animals or records of facilities cultivating endangered, precious, rare wild flora and wild flora in the Appendices of the CITES shall submit these records to the authority responsible for issuing identification codes as prescribed in this Circular.
11. Within 02 years from the effective date of this Circular, biodiversity conservation facilities that have been assigned identification codes for raising facilities shall submit a dossier to the province-level People’s Committees for issuance of licenses for biodiversity conservation facilities in accordance with this Circular.
Article 39. Responsibilities and effectiveness
1. This Circular comes into force from July 01, 2025.
2. Authorities, organizations, households and individuals shall report any issues arise during the implementation to the Ministry of Agriculture and Environment for timely amendments./.
PP. MINISTER Nguyen Quoc Tri |
Validity
In force
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