Decree No. 06/2019/ND-CP On Management of Endangered and Precious Forest Plants and Animals and Implementation of the Convention on International Trade in Endangered Wild Fauna and Flora

DECREE

On the management of endangered, precious, and rare forest plants and animals and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Forestry Law dated November 15, 2017;

Pursuant to the Fisheries Law dated November 21, 2017;

Based on the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree on the management of endangered, precious, and rare forest plants and animals and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the List of endangered, precious, and rare forest plants and animals; management and protection regimes, procedures, and formalities for the exploitation of endangered, precious, and rare forest plants and animals; breeding of common forest animals; and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as CITES) in Vietnam.

Article 2. Applicability

This Decree applies to state agencies, organizations, households, individuals within the country; overseas Vietnamese citizens and foreign organizations and individuals engaged in activities related to endangered, precious, and rare forest plants and animals and endangered wild fauna and flora species listed in the Appendices of CITES; and breeding of common forest animals on the territory of Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. Species refers to a species, a subspecies, or a geographically isolated population of animals or plants.

2. Hybrid species is the result of mating or grafting between two species or two subspecies of animals or plants. In cases where the hybrid species is the result of mating or grafting between two species specified in different Groups or Appendices, such hybrid species shall be managed according to the species belonging to the higher level of protection Group or Appendix.

3. CITES permit, CITES certificate issued by the Vietnamese Management Authority for CITES for export, import, re-export, re-import, and legal import from the sea of specimens of endangered wild fauna and flora species listed in the Appendices of CITES; export of specimens of endangered, precious, and rare forest plants and animals as prescribed in this Decree and not included in the List of species in the Appendices of CITES.

4. Appendices of CITES include:

a) Appendix I includes species of wild fauna and flora that are threatened with extinction and are prohibited from being exported, imported, re-exported, legally imported from the sea, and transshipped for commercial purposes.

b) Appendix II includes species of wild fauna and flora that are not currently threatened with extinction but may become so if their trade, export, import, re-export, and legal import from the sea and transshipment for commercial purposes is not controlled.

c) Appendix III includes species of wild fauna and flora that a member country requests other member countries to cooperate in controlling trade, export, import, and re-export for commercial purposes.

5. Parts of endangered wild fauna and flora refer to any component (such as skin, shell, root) in its raw or processed form (such as preservation, polishing...) that can be identified as belonging to the species.

6. Derivatives of species of fauna and flora encompass all material forms derived from fauna and flora, such as blood, bile of animals; resin, essential oil extracted from plants; or parts of fauna and flora that have been processed into products like medicine, perfume, watches, handbags...

7. Specimens of endangered wild fauna and flora include live or dead wild animals and plants, eggs, larvae, parts, and derivatives of these species.

8. Common forest animals refer to species of forest animals belonging to the classes of mammals, birds, reptiles, amphibians, and not included in the List of endangered, precious, and rare forest plants and animals issued by the Government or the List of species in the Appendices of CITES; or the List of animals kept as pets under the law on animal husbandry.

9. Exploitation of specimens of species of fauna and flora refers to the activity of extracting specimens of wild fauna and flora from the natural environment.

10. For commercial purposes means any transaction involving specimens of wild fauna and flora aimed at profit.

11. Not for commercial purposes refers to activities serving diplomacy; scientific research; exchange between zoos, botanical gardens, museums; product exhibitions; circus performances; exchange and return of specimens among CITES Management Authorities.

12. Zoo is a place for collecting and keeping wild animals for display, breeding, environmental education, and scientific research.

13. Botanical garden is a place for collecting and caring for wild plants for display, breeding, environmental education, and scientific research.

14. Legal import from the sea refers to the activity of bringing into the territory of Vietnam specimens of wild fauna and flora specified in the Appendices of CITES that were harvested from areas beyond the jurisdiction of any State.

15. Re-export refers to the export of specimens previously imported.

16. Controlled environment refers to an environment managed by humans to produce pure breeds or hybrids. A controlled environment must ensure conditions to prevent the intrusion or spread of animals, plants, eggs, gametes, zygotes, seeds, spores, genes, diseases into or out of it.

17. Breeding facility, planting facility includes: Breeding facilities for growing and breeding endangered, precious, and rare forest animals and/or endangered wild animals listed in the Appendices of CITES and/or common forest animals; planting facilities for artificially cultivating endangered, precious, and rare forest plants and/or wild plants listed in the Appendices of CITES not for commercial purposes or for commercial purposes.

18. Growing breeding refers to the method of raising young animals and eggs of wild animals harvested from nature to grow them up and hatch them into new individuals in a controlled environment.

19. Breeding refers to the method of keeping wild animals to produce subsequent generations in a controlled environment.

20. Artificial cultivation refers to the method of planting and grafting from seeds, sprouts, zygotes, branch grafting, or other methods of propagating wild plants in a controlled environment.

21. Source breeding stock refers to legally raised individual animals in a breeding facility for the production of subsequent generations.

22. The F1 generation consists of individuals born in a controlled environment where at least one parent was captured from the wild.

23. The F2 generation or subsequent generations consist of individuals born in a controlled environment by pairs of F1 generation parents and onwards.

24. Personal items, household items of animal and plant origin are specimens of legal origin belonging to individuals or households. Living specimens are not considered personal items or household items.

25. Souvenir specimens are personal or household items obtained outside the country of residence of the specimen owner. Live animals are not considered souvenir specimens.

26. Hunting specimens are specimens obtained from legal hunting activities.

27. Pre-Convention specimens are specimens obtained before the species were listed in the Appendices of CITES or before the member state joined CITES, in the following cases:

a) Specimens were removed from their natural habitat;

b) Specimens were born in a controlled environment;

c) The owner has lawful ownership rights over the specimens.

28. CITES member state is a state where CITES is in effect.

Chapter II
LIST OF ENDANGERED, VALUABLE, AND RARE FOREST PLANTS AND ANIMALS; REGIME FOR RAISING COMMON FOREST ANIMALS

Article 4. List of endangered, valuable, and rare forest plants and animals

1. The list of endangered, valuable, and rare forest plants and animals issued together with this Decree includes:

a) Group I: Forest plant and animal species that are threatened with extinction and are strictly prohibited from commercial exploitation, and species listed in Appendix I of CITES naturally distributed in Vietnam.
Subgroup IA: Forest plant species.
Subgroup IB: Forest animal species.

b) Group II: Forest plant and animal species that are not currently threatened with extinction but are at risk if not managed carefully, and are limited in commercial exploitation, and species listed in Appendix II of CITES naturally distributed in Vietnam.
Subgroup IIA: Forest plant species.
Subgroup IIB: Forest animal species.

2. Amending and supplementing the list of endangered, valuable, and rare forest plants and animals.
Every five years, or when there are changes to the species specified in Clause 1 of this Article or the list of species in Appendices I and II of CITES related to forest plants and animals naturally distributed in Vietnam, the Ministry of Agriculture and Rural Development shall submit to the Government for amending and supplementing the list of endangered, valuable, and rare forest plants and animals.

Article 5. Protection of endangered, valuable, and rare forest plants and animals

1. Activities such as hunting, shooting, capturing, exploiting, raising, confining, killing, storing, processing, transporting, trading, advertising, displaying, exporting, importing, temporarily importing for re-export, and temporarily exporting for re-import of endangered, valuable, and rare forest plants and animals must not negatively impact the existence, growth, and development of these species in the wild.

2. All activities involving hunting, shooting, capturing, exploiting, raising, confining, killing, storing, transporting, trading, processing, advertising, displaying, exporting, importing, temporarily importing for re-export, and temporarily exporting for re-import of endangered, valuable, and rare forest plants and animals must be managed to ensure legal origin.

3. Areas serving as the permanent habitat of endangered, valuable, and rare forest plants and animals should be studied as the basis for establishing special-use forests.

4. Organizations, households, and individuals engaged in production activities, construction projects, surveys, exploration, research, sightseeing, tourism, and other activities within areas containing endangered, valuable, and rare forest plants and animals must comply with the provisions of this Decree and other relevant laws.

Article 6. Investigation and assessment of the current status of endangered, precious, and rare forest plants and animals

1. Endangered, precious, and rare forest plant and animal species shall be investigated and assessed together with forest investigation activities as prescribed in the Forest Management Regulation.

2. The Ministry of Agriculture and Rural Development shall organize investigations and assessments of endangered, precious, and rare forest plants and animals nationwide, while provincial People's Committees shall conduct such investigations and assessments within their respective provincial forest areas.

3. The State encourages forest owners to carry out investigations and assessments of the current status and changes of endangered, precious, and rare forest plants and animals within the area allocated or leased by the State.

Article 7. Scientific research on endangered, precious, and rare forest plants and animals

1. Scientific research activities on the conservation and sustainable development of endangered, precious, and rare forest plants and animals shall be conducted in accordance with approved topics and projects and shall comply with the Forest Management Regulation.

2. Prior to conducting scientific research activities, written reports must be submitted to the forest owner and the provincial forestry management authority for supervision during implementation.

Article 8. Handling cases where endangered, precious, and rare forest animals pose threats or endanger human life and property

1. In cases where endangered, precious, and rare forest animals seriously threaten human life or property, organizations and individuals must apply measures to drive away the animals without causing harm, and immediately inform the Forest Protection Authority or the nearest People's Committee at the commune or district level.

2. In cases where endangered, precious, and rare forest animals directly threaten human life outside special-use forests and protective forests, after applying measures to drive them away but with no effect, the Chairman of the district-level People's Committee shall decide and direct the capture or shooting of the animal.

3. Handling of specimens of wild animal species captured, caught, or shot as provided for in Clause 2 of this Article shall be carried out in accordance with Articles 10 and 32 of this Decree.

Article 9. Exploitation, breeding, cultivation, processing, trading, advertising, transportation, and export of specimens of endangered, precious, and rare forest plants and animals

1. Exploitation; breeding, cultivation; processing, trading, advertising, display; export; transportation, storage of specimens of endangered, precious, and rare forest plant and animal species in Group I shall be carried out in accordance with this Decree for species listed in Appendix I of CITES.

2. Exploitation; breeding, cultivation; processing, trading, advertising, display; export; transportation, storage of specimens of endangered, precious, and rare forest plant and animal species in Group II shall be carried out in accordance with this Decree for species listed in Appendix II of CITES.

3. Exemption from CITES import permit documentation in the application for export permit for specimens of endangered, precious, and rare forest plant and animal species in Group I not listed in Appendix I of CITES.

Article 10. Handling of specimens of endangered, precious, and rare forest plants and animals after confiscation

1. Handling of live specimens:

a) Confiscation handling must ensure care for the specimen to prevent risks that could lead to its death;

b) Immediately after handling the specimen according to the law, it must be handed over to the local Forest Protection Authority for care and preservation. For live specimens, handling shall follow the priority order: release back into a suitable natural environment if the specimen is healthy; transfer to wildlife rescue centers, zoos, or botanical gardens if the specimen needs rescue due to poor health; or destroy if necessary.

2. Specimens of endangered, precious, and rare forest plants and animals not covered under Clause 1 of this Article shall be handled as follows:

a) Specimens of Groups IA and IB shall be handled in accordance with the law on the management and use of public assets;

b) Specimens of Groups IIA and IIB shall be transferred to scientific organizations, training institutions, environmental education facilities, or specialized museums for display for educational purposes; sold through public auction to organizations or individuals for breeding, cultivation, processing, and trading in accordance with the law; or destroyed if other handling methods cannot be implemented.

Article 11. Raising Common Wild Animals
Organizations and individuals raising common wild animals must ensure the following conditions:

1. Ensuring the legal origin of raised wild animals in accordance with the provisions of the law;

2. Ensuring safety for humans; implementing environmental and veterinary laws;

3. Implementing record-keeping of raised animals as specified in Form No. 16 attached to this Decree; within a maximum period of three working days from the date of bringing common wild animals back to the breeding facility, organizations and individuals must notify the local Forest Protection agency for monitoring and management in accordance with the law.

Chapter III
IMPLEMENTATION OF CITES

Section 1

EXPLOITATION

Article 12. Exploitation of Specimens of Wild Animal and Plant Species Listed in Appendices I and II of CITES

1. Exploitation of specimens listed in Appendix I of CITES from nature in the following cases:

a) For scientific research projects and topics;

b) To create original breeding stock for artificial breeding and cultivation;

c) For diplomatic purposes according to the Prime Minister's decision.

2. Exploitation of specimens listed in Appendix II of CITES from nature in the following cases:

a) For scientific research projects and topics;

b) To create original breeding stock for artificial breeding and cultivation;

c) For diplomatic purposes according to the Prime Minister's decision;

d) For sustainable commercial purposes in accordance with the law.

3. Responsibilities of organizations and individuals exploiting:

a) Having exploitation plans as specified in Forms No. 01 and No. 02 in the attached Appendix to this Decree;

b) Notifying the provincial state management agency on forestry or fisheries before conducting exploitation activities for supervision;

c) Exploitation not adversely affecting conservation and sustainable development of populations;

d) Complying with Vietnam’s and CITES’ regulations on exploitation of specimens of endangered wild animal and plant species.

Article 13. Inspection and Supervision of Exploitation Activities of Specimens of Endangered Wild Animal and Plant Species Listed in Appendices I and II of CITES

1. The provincial state management agency on forestry shall be responsible for inspecting and supervising exploitation activities and the origin of specimens of wild forest animals and plants listed in Appendices I and II of CITES within its jurisdiction.

2. The provincial state management agency on fisheries shall be responsible for inspecting and supervising exploitation activities and the origin of specimens of aquatic species listed in Appendices I and II of CITES within its jurisdiction.

Section 2

BREEDING AND CULTIVATION

Article 14. Conditions for Raising and Cultivating Endangered Wild Animal and Plant Species Listed in CITES for Non-commercial Purposes

1. Having approved research projects and topics with breeding and cultivation plans as specified in Forms No. 04, No. 05, No. 06, and No. 07 in the attached Appendix to this Decree.

2. Breeding and cultivation facilities suitable for the growth characteristics of the species being raised and cultivated; ensuring safety for people and animals and plants, maintaining hygiene, and preventing diseases.

3. Ensuring legal sources of breeding stock: Legal exploitation; specimens after confiscation and processing in accordance with the law; legal importation or specimens from other legal breeding and cultivation facilities.

4. During the breeding and cultivation process, records must be kept as specified in Forms No. 16 and No. 17 in the attached Appendix to this Decree; regular reports must be submitted and subject to inspection and supervision by the provincial state management agencies on fisheries and forestry.

Article 15. Conditions for breeding and growing endangered wild animal and plant species listed in Appendix CITES for commercial purposes

1. For animals:

a) Ensuring a legitimate source of seeds: Legal exploitation; specimens after lawful confiscation according to the provisions of the law; legal importation or specimens from another legitimate breeding facility;

b) Shelters and farms must be constructed in accordance with the characteristics of the species being bred; ensuring safety conditions for both people and animals, environmental hygiene, and disease prevention;

c) The species being bred must be one that the Vietnamese Scientific Authority of CITES has announced as capable of continuous reproduction across multiple generations in a controlled environment; and confirmed in writing by the Vietnamese Scientific Authority of CITES that breeding does not affect the existence of the species and related species in nature;

d) There must be a breeding plan according to Model No. 04 and Model No. 06 attached as an appendix to this Decree.

2. For plants:

a) Ensuring a legitimate source of seeds: Legal exploitation; specimens after lawful confiscation according to the provisions of the law; legal importation or specimens from another legitimate planting facility;

b) Planting facilities must be suitable for the characteristics of the species;

c) There must be a planting plan according to Model No. 05 and Model No. 07 attached as an appendix to this Decree.

3. During the breeding and planting process, records of breeding and planting must be kept according to Model No. 16 and Model No. 17 attached as an appendix to this Decree; regular reports must be submitted and subject to inspection and supervision by provincial state management agencies for fisheries and forestry.

Article 16. Breeding and Planting Facility Code

1. Content of the code includes: name, address, contact information of the facility, information about the species being bred and planted according to Model No. 08 attached as an appendix to this Decree.

2. Format of the code:

a) The first two letters represent the Appendix and type of specimen: IA for plants listed in Appendix I or Group I; IB for animals listed in Appendix I or Group I; IIA for plants listed in Appendix II or Group II; IIB for animals listed in Appendix II or Group II in the List issued together with this Decree;

b) Subsequent letters represent the purpose of the breeding and planting facility: VN for non-commercial breeding and planting; abbreviation of the province where the facility is located for commercial breeding and planting. Abbreviations of province and city names are defined according to Model No. 08 attached as an appendix to this Decree.

c) Subsequent numbers represent the serial number of the artificial breeding and planting facility within the province.

3. In cases where a facility breeds and plants specimens of multiple species with different protection regulations, the facility's code will follow the highest level of management and protection regulation.

Article 17. Registration of Breeding and Planting Facility Codes for Endangered Wild Animal and Plant Species Listed in Appendix I of CITES

1. Issuing Authority
The competent authority managing CITES in Vietnam is responsible for issuing codes for breeding and planting facilities of species listed in Appendix I of CITES.

2. Application Documents for Registering Breeding and Planting Facility Codes

a) Request for issuance of breeding and planting facility codes according to Model No. 03 attached as an appendix to this Decree;

b) Original breeding plan according to Model No. 04 and planting plan according to Model No. 05 attached as an appendix to this Decree.

3. Procedure for Receiving Applications and Issuing Breeding and Planting Facility Codes

a) A legal representative of the facility owner submits directly; through postal service or through the national single window electronic portal one set of application documents as stipulated in Clause 2 of this Article to the competent authority managing CITES in Vietnam;

b) Within five working days from the date of receiving valid applications, the competent authority managing CITES in Vietnam issues the code for the facility. If it is necessary to inspect the breeding and planting conditions as stipulated in Articles 14 and 15 of this Decree, the competent authority managing CITES in Vietnam will lead and coordinate with the Vietnamese Scientific Authority of CITES and relevant organizations, but the issuance period shall not exceed thirty days.

If the application is invalid, within three working days from the date of receipt, the competent authority managing CITES in Vietnam will notify the facility in writing;

c) For facilities breeding and planting species listed in Appendix I of CITES for commercial purposes, they must register with the CITES Secretariat; the competent authority managing CITES in Vietnam will complete the application within fifteen working days and send it to the CITES Secretariat, but the issuance period shall not exceed three working days from the date of receipt of notification from the CITES Secretariat;

d) Within one working day from the date of issuing the breeding and planting facility code, the competent authority managing CITES in Vietnam will publish the issued code on its electronic portal.

4. In cases where a facility breeds and plants multiple groups of species, including those listed in Appendix I of CITES, the code will be issued according to the provisions of this Article.

5. Revocation of codes in cases where: The facility requests revocation voluntarily; the facility fails to meet breeding and planting conditions; the facility violates the provisions of this Decree and related laws.

6. Handling of animals and plants voluntarily returned by the facility owner to the state:

a) A legal representative of the facility voluntarily returning animals and plants to the state sends a notice to:
Provincial state management agency for fisheries for aquatic species;
Forest Inspection Department for other animal and plant species;

b) Handling of animals and plants voluntarily returned by the facility owner:
Within fifteen working days from the date of receiving the notice from the organization, individual, or agency specified in point a of this clause, the handling of animals and plants voluntarily returned by the owner must be completed in the following priority order:

Release back into the natural environment if the animals and plants are healthy and capable of being released;

Transfer to wildlife rescue centers; zoos or botanical gardens; research institutions, environmental education and training facilities, specialized museums for research and educational conservation purposes;

Destroy in cases where the animals and plants are diseased or the above measures cannot be implemented.

c) Within three working days from the date of completing the processing of animals and plants voluntarily returned by organizations or individuals, the agency specified in point a of this clause shall report to the competent authority managing CITES in Vietnam and notify the owner of the voluntary returning breeding or cultivation facility about the results of the processing.

Article 18. Registration of codes for breeding and cultivation facilities of endangered wild animal and plant species listed in Appendices II and III of CITES

1. Issuing Authority

a) The provincial Forest Protection Agency shall be responsible for issuing codes for breeding and cultivation facilities of species listed in Appendices II and III of CITES, except as provided in point b of this clause;

b) The provincial fisheries management agency shall be responsible for issuing codes for breeding and cultivation facilities of aquatic species listed in Appendix II of CITES.

2. Application Documents for Registering Breeding and Planting Facility Codes

a) Request for issuance of breeding and planting facility codes according to Model No. 03 attached as an appendix to this Decree;

b) The original breeding plan according to Form No. 06 and the cultivation plan according to Form No. 07 attached to this Decree.

3. Procedure for Receiving Applications and Issuing Breeding and Planting Facility Codes

a) A legal representative of the facility owner shall submit directly, through postal service, or via the national single window electronic portal one set of documents as prescribed in Clause 2 to the agency specified in Clause 1 of this Article;

b) Within five working days from the date of receiving valid documents, the agency specified in Clause 1 of this Article shall issue the code. In case it is necessary to inspect the actual conditions of breeding and cultivation as stipulated in Articles 14 and 15 of this Decree, the code-issuing agency shall take the lead and coordinate with relevant agencies to organize such inspections, but the issuance period shall not exceed thirty days;

If the documents are not valid, within three working days from the date of receipt of the documents, the code-issuing agency shall notify the facility in writing.

c) Within one working day from the date of issuing the code to the breeding and cultivation facility, the code-issuing agency shall send information to the competent authority managing CITES in Vietnam to publish the issued code on the electronic portal of the competent authority managing CITES in Vietnam.

4. Revocation of the code in cases where: The facility requests revocation; the facility does not meet the breeding and cultivation conditions; the facility violates the provisions of this Decree and related laws.

5. Processing of animals and plants voluntarily returned by the facility owner to the State

Animals and plants voluntarily returned by the facility owner to the State shall be processed as prescribed in points a and b of Clause 6 of Article 17 of this Decree.
Within three working days from the date of completing the processing of animals and plants voluntarily returned by the owner, the processing agency shall notify the facility owner about the results of the processing.

Section 3

EXPORT, IMPORT, RE-EXPORT, AND DOMESTIC TRAFFIC FROM THE SEA AND CROSSING BOUNDARIES

Article 19. Conditions for export, import, re-export, and domestic traffic from the sea of specimens of endangered wild animal and plant species listed in Appendices of CITES

1. Possession of a permit or certificate as prescribed in Article 22 of this Decree.

2. Specimens of species listed in Appendices of CITES that are personal or household items are exempted from permits or certificates when they meet the following conditions:

a) Not for commercial purposes;

b) Carried personally or are household items;

c) Quantity does not exceed the limit announced by the competent authority managing CITES in Vietnam.

Article 20. Conditions for export, import, and re-export of specimens of captive-bred or cultivated endangered wild animal and plant species listed in Appendices of CITES

1. For specimens of species listed in Appendix I of CITES:

a) Possession of a permit or certificate as prescribed in this Decree;

b) Animal specimens from generation F2 and later generations bred at a captive-breeding facility that has been assigned a code as prescribed in Articles 17 and 18 of this Decree;

c) Plant specimens from a cultivated facility that has been assigned a code as prescribed in Articles 17 and 18 of this Decree.

2. For specimens of species listed in Appendices II and III of CITES:

a) Possession of a permit or certificate as prescribed in this Decree;

b) Animal specimens from generation F1 originating from a captive-breeding facility, and specimens of animals raised in a captive-breeding facility that have been assigned a code as prescribed in Articles 17 and 18 of this Decree;

c) Plant specimens of species listed in Appendices II and III of CITES originating from a cultivated facility that has been assigned a code as prescribed in Articles 17 and 18 of this Decree.

Article 21. Conditions for Transit of Live Specimens of Wild Animals Listed in Appendix CITES

1. There must be an export or re-export permit issued by the CITES Management Authority of the exporting country.

2. A copy of the export or re-export permit must be sent to the CITES Management Authority of Vietnam 15 working days before the transit procedures are carried out.

3. During transportation, safety for people and transiting animals must be ensured; conditions for humane care and treatment of animals must also be guaranteed.

Article 22. CITES Permits and Certificates

1. The CITES Permit, as specified in Form No. 09 attached to this Decree, applies to the export, import, re-export, and entry from sea of specimens of wild animal and plant species listed in the CITES Appendices and endangered, precious, and rare forest plants and animals. The CITES Permit must contain complete information, have a CITES seal or barcode, and be signed and stamped by the CITES Management Authority of Vietnam.

2. The CITES Export Certificate for Souvenirs, as specified in Form No. 10 attached to this Decree, applies to souvenir specimens listed in the CITES Appendices. The CITES Export Certificate for Souvenirs must contain complete information and be signed with the name and surname of the owner of the breeding or cultivation facility.

3. The Pre-CITES Specimen Certificate, as specified in Form No. 11 attached to this Decree, applies to pre-CITES specimens.

4. The maximum validity period for export and re-export permits and certificates is six months; the maximum validity period for import permits is twelve months, counted from the date of issuance.

5. CITES permits and certificates shall only be issued in one original copy and always accompany the CITES consignment/specimen.

6. The CITES Management Authority of Vietnam is responsible for issuing CITES permits and pre-CITES specimen certificates.

7. Direct processing and trading facilities issue CITES certificates for souvenir specimens.

Article 23. Procedure for Issuing CITES Export and Re-Export Permits for Specimens of Wild Animal and Plant Species Listed in CITES Appendices

1. The CITES Management Authority of Vietnam is responsible for issuing CITES export and re-export permits.

2. Application Documents:

a) An application for a permit according to Form No. 12 attached to this Decree;

b) A copy of documentation proving the legal origin of the specimen as stipulated in this Decree;

c) In cases of export or re-export of specimens not for commercial purposes but for scientific research or diplomatic relations: In addition to the documents specified in points a and b of this clause, submit a copy of the import permit issued by the CITES Management Authority of the importing country for specimens of species listed in CITES Appendix I; a copy of the signed agreement on the scientific research cooperation program approved by the competent authority for cases serving scientific research; a confirmation document of gifts or diplomatic presents confirmed by the competent authority for cases serving diplomatic relations;

d) In cases of export or re-export of specimens not for commercial purposes but for non-commercial exhibitions or circus performances: In addition to the documents specified in points a and b of this clause, submit a copy of the decision to send representatives to participate in foreign exhibitions or circus performances issued by the competent authority or an invitation letter from a foreign organization; a copy of the import permit issued by the CITES Management Authority of the importing country for specimens listed in CITES Appendix I;

đ) In cases of export or re-export of hunting trophies: In addition to the documents specified in point a of this clause, submit a copy of the legal origin documentation of the trophy or a copy of the hunting trophy permit or certificate issued by the competent authority of the relevant country;

e) In cases of export or re-export of pre-CITES specimens: In addition to the documents specified in point a of this clause, submit a copy of the documentation proving the pre-CITES specimen status; or a copy of the CITES import permit for re-exported specimens.

3. Procedure for Accepting Application Documents:

a) Organizations or individuals requiring a CITES export or re-export permit must directly submit; send through postal service or the National One-Stop Administrative Service System one set of documents as specified in Clause 2 of this Article to the CITES Management Authority of Vietnam;

b) If the documents are not valid, within three working days from the date of receipt of the documents, the CITES Management Authority of Vietnam will notify the organization or individual concerned;

c) Within eight working days from the date of receipt of valid documents, the CITES Management Authority of Vietnam is responsible for issuing the permit. If consultation with the CITES Scientific Authority of Vietnam or the relevant authority of the importing country is required, the CITES Management Authority of Vietnam will organize it, but the issuance period shall not exceed thirty working days;

d) Within one working day from the date of issuance of the permit, the CITES Management Authority of Vietnam will deliver the permit to the requesting organization or individual, and simultaneously publish the result on the electronic portal of the CITES Management Authority of Vietnam.

Article 24. Procedure for Issuing CITES Export Certificates for Souvenirs

1. The competent authority managing CITES in Vietnam shall issue the certificate to the owner of the processing and trading establishment.

2. Conditions for issuing the certificate:

a) Souvenirs from breeding establishments must have a code number.

b) Maintain records of activities according to Model No. 14 attached to this Decree.

c) Pay the printing cost of the certificate to the competent authority managing CITES in Vietnam.

3. Documents for requesting issuance of CITES export certificates for souvenirs:

a) Request for issuance of the certificate according to Model No. 13 issued with this Decree.

b) A copy of the record of activities according to Model No. 14 attached to this Decree.

4. Procedure for receiving applications for issuance of CITES certificates:

a) Processing and trading establishments requiring issuance of CITES export certificates for souvenirs shall submit directly or through postal service or the National One-Stop Administrative Service System one set of documents specified in Clause 3 of this Article to the competent authority managing CITES in Vietnam.

b) Within five working days from the date of receipt of valid documents, the competent authority managing CITES in Vietnam shall be responsible for issuing the CITES export certificate for souvenirs to the requesting establishment.

In case the application is not valid, within three working days from the date of receipt of the application, the competent authority managing CITES in Vietnam shall notify the establishment.

5. The CITES export certificate for souvenirs shall only be issued for complete products sold at souvenir shops. Each CITES export certificate for souvenirs may cover a maximum of four items for one customer.

6. Processing and trading establishments shall directly issue the CITES export certificate for souvenirs to customers.

7. Establishments issuing certificates must comply with guidance and inspection by the competent authority managing CITES in Vietnam and provincial specialized management agencies; report on the use of certificates before December 1st each year and return unused certificates before January 15th of the following year to the competent authority managing CITES in Vietnam.

Article 25. Procedure for Issuing CITES Import Permits for Specimens of Wild Fauna and Flora Species Listed in CITES Appendices

1. The competent authority managing CITES in Vietnam shall be responsible for issuing CITES import permits.

2. Application Documents:

a) An application for a permit according to Form No. 12 attached to this Decree;

b) A copy of the CITES export permit issued by the CITES management authority of the exporting country.

c) For the first importation of live specimens of species that do not naturally occur in Vietnam: In addition to the documents specified in points a and b of this clause, there must be a written confirmation from the CITES scientific authority in Vietnam regarding the facility's capacity to keep and care for the specimens.

d) For imports not for commercial purposes but for scientific research, diplomatic purposes, and participation in exhibitions and circus performances: In addition to the documents specified in point a of this clause, submit one of the following documents: A copy of the signed cooperation agreement for scientific research approved by the competent authority for scientific research cases; or a diplomatic gift confirmation document approved by the competent authority for diplomatic cases; or a copy of the invitation letter for exhibition or circus performance issued by the competent authority for non-commercial exhibition or circus performance cases.

đ) For pre-Convention specimens or hunting trophies: In addition to the documents specified in point a of this clause, submit a copy of the documentation proving pre-Convention specimens or a copy of the export permit or certificate issued by the CITES management authority of the exporting country for pre-Convention specimens; or a copy of the CITES export permit or hunting trophy certificate issued by the competent authority of the exporting country for hunting trophies.

3. Procedure for Accepting Application Documents:

a) Organizations and individuals requiring issuance of import permits shall submit directly; through postal service or the National One-Stop Administrative Service System one set of documents specified in Clause 2 of this Article to the competent authority managing CITES in Vietnam.

b) Within eight working days from the date of receipt of valid documents, the competent authority managing CITES in Vietnam shall be responsible for issuing the permit. If consultation with the CITES scientific authority in Vietnam or relevant authorities of the exporting country is required, the competent authority managing CITES in Vietnam shall organize it, but the issuance period shall not exceed thirty days.

In case the application is not valid, within three working days from the date of receipt of the application, the competent authority managing CITES in Vietnam shall notify the organization or individual.

c) Within one working day from the date of issuance of the permit, the competent authority managing CITES in Vietnam shall deliver the permit to the requesting organization or individual and publish the result on its electronic portal.

Article 26. Procedures and formalities for issuing CITES import permits from sea for specimens of critically endangered wild fauna and flora species listed in Appendices I and II of CITES

1. The competent authority managing CITES in Vietnam shall be responsible for issuing CITES import permits from sea.

2. Application Documents:

a) A request for importing specimens from sea according to Form No. 15 attached to this Decree;

b) A copy of confirmation from the CITES Scientific Authority of Vietnam at the request of the competent authority managing CITES in Vietnam that the import does not affect the survival of the species in the wild;

c) Provide the establishment code number or evidence showing sufficient conditions for keeping, caring for, and humanely treating live specimens for establishments without registered code numbers;

d) Documentation proving that imported specimens from Appendix I of CITES will not be used for commercial purposes.

3. Procedure for Accepting Application Documents:

a) Organizations and individuals requiring issuance of a CITES import permit from sea shall submit directly; through postal service or through the National Single Window Administrative Procedure System one application as stipulated in Clause 2 of this Article to the competent authority managing CITES in Vietnam;

b) Within eight working days from the date of receiving a valid application, the competent authority managing CITES in Vietnam shall issue the permit. In cases where consultation with the CITES Scientific Authority of Vietnam, central fisheries management agencies, and related agencies is required, the competent authority managing CITES in Vietnam shall organize such consultations, but the issuance period shall not exceed thirty days.

If the application is invalid, within three working days from the date of receipt of the application, the competent authority managing CITES in Vietnam shall notify the organization or individual concerned.

c) Within one working day from the date of issuance of the permit, the competent authority managing CITES in Vietnam shall deliver the permit to the requesting organization or individual and publish the result on its electronic portal.

Article 27. Procedures and formalities for issuing CITES certificates for pre-Convention specimens of critically endangered wild fauna and flora species listed in CITES Appendices

1. The competent authority managing CITES in Vietnam shall be responsible for issuing CITES certificates for pre-Convention specimens.

2. Application documents for certificate issuance

a) A request for issuing a CITES certificate for pre-Convention specimens according to Form No. 15 attached to this Decree;

b) A copy of the legal origin documentation of the specimen.

3. Procedure for Accepting Application Documents:

a) Organizations and individuals requiring issuance of a CITES certificate for pre-Convention specimens shall submit directly; through postal service or through the National Single Window Administrative Procedure System one application as stipulated in Clause 2 of this Article to the competent authority managing CITES in Vietnam;

b) Within eight working days from the date of receiving a valid application, the competent authority managing CITES in Vietnam shall issue the CITES certificate for pre-Convention specimens. In cases where consultation with relevant agencies is required, the competent authority managing CITES in Vietnam shall organize such consultations, but the issuance period shall not exceed thirty days.

If the application is invalid, within three working days from the date of receipt of the application, the competent authority managing CITES in Vietnam shall notify the organization or individual concerned.

Article 28. Provisions on issuing CITES permits through the National Single Window Administrative Procedure System

1. Organizations and individuals submitting applications through the National Single Window Administrative Procedure System do not need to submit paper applications. The application components submitted on the system shall comply with Articles 23, 24, 25, 26, and 27 of this Decree. Documents uploaded on the system must be scanned copies of original documents.

2. The results of processing the application shall be delivered directly; through postal service or through the National Single Window Administrative Procedure System.

3. Organizations and individuals are responsible for retaining the original documents related to the application components as stipulated in Articles 23, 24, 25, 26, and 27 of this Decree for five days from the date of submission and presenting them to competent authorities upon request.

Section 4

PROCESSING, TRADING, TRANSPORTATION, STORAGE

Article 29. Processing, Trading, Advertising, and Displaying Specimens of Wild Animal and Plant Species Listed in Appendix CITES

1. Conditions for processing and trading:

a) The processing and trading facilities and activities for specimens of wild animal and plant species listed in Appendix CITES must comply with the provisions of this Decree, environmental protection laws, plant protection laws, veterinary laws, quality standards, food safety regulations, and other current state regulations;

b) Specimens must have a legal origin as stipulated in this Decree;

c) Maintain a record of activities according to Model No. 14 attached to this Decree; subject to inspection by the competent authority managing CITES in Vietnam and relevant state management agencies as prescribed by law.

2. Allowed to process, trade, advertise, and display for commercial purposes:

a) Specimens of species listed in Appendix II of CITES legally sourced from the wild;

b) Specimens of animal species listed in Appendix I of CITES originating from captive breeding from F2 generation onwards; animal species listed in Appendix II of CITES originating from captive breeding from F1 generation onwards; specimens of plant species listed in Appendix I of CITES originating from artificial cultivation as prescribed by this Decree;

c) Specimens of species listed in Appendix II of CITES after confiscation.

3. Products processed from endangered wild animals and plants listed in the Appendices must be traceable:

a) Organizations and individuals processing endangered wild animals and plants must maintain a record of activities according to Model No. 14 attached to this Decree, including tracking input materials and output products of the processing process consistent with the type of specimen being processed;

b) Provincial fisheries management agencies shall inspect the origin and processing activities of products from endangered wild aquatic species based on the activity records;

c) Local Forest Protection Agencies shall inspect the origin and processing activities of products from endangered wild animals and plants listed in the Appendices not covered under point b of this clause based on the activity records.

Article 30. Transporting and Storing Specimens of Wild Animal and Plant Species Listed in Appendix CITES

1. Transporting specimens must meet the following conditions:

a) Legal documentation as required by forestry and fisheries management laws;

b) A veterinary health certificate for animal and animal product specimens when transporting them outside the province as required by veterinary and plant protection laws;

c) Ensuring safety for live specimens and related persons during transportation and at the receiving facility.

2. Storing specimens of endangered wild animals and plants listed in the Appendices must have a legal origin.

Section 5

APPRAISAL AND POST-CONFISCATION DISPOSITION

Article 31. Appraisal of Specimens of Endangered Wild Animal and Plant Species Listed in Appendix CITES

1. Specimens of endangered wild animal and plant species listed in the Appendices of CITES shall be appraised in the following cases:

a) To accurately determine the species, subspecies, or population of wild animals and plants to apply appropriate legal provisions of Vietnamese law and CITES;

b) To serve investigations and handling of violations involving endangered wild animals and plants;

c) Other cases deemed necessary by the competent authority managing CITES in Vietnam and relevant agencies to ensure compliance with the law;

d) Cases where importing countries request identification of specimens.

2. Sampling for appraisal of specimens of endangered wild animal and plant species listed in the Appendices of CITES shall be carried out in accordance with Vietnamese law and CITES.

3. Appraisal costs shall be borne by the organization or individual owning the specimens or the agency requesting the appraisal.

4. The CITES Scientific Authority of Vietnam is the agency responsible for appraising CITES specimens.

Article 32. Handling of Seized Specimens of Endangered Wild Animal and Plant Species Listed in CITES Appendices

1. Handling of live animal and plant specimens seized shall be carried out in accordance with Clause 1 of Article 10 of this Decree.

2. If the seized specimens are confirmed by quarantine authorities to be carrying infectious diseases, they shall be destroyed in accordance with the law.

3. Handling of foreign-origin seized specimens shall be as follows:

a) The Director of the CITES Management Authority of Vietnam shall consider and decide on returning the specimens to the country of origin for those listed in the CITES Appendices where the country of origin can be identified. The costs of care, preservation, and return of the specimens shall be borne by the country of origin upon its acceptance.
Within thirty working days from the date the CITES Management Authority of Vietnam notifies in writing the CITES Management Authority of the country of origin about the seized specimens, if there is no response or refusal to accept the specimens from the CITES Management Authority of the country of origin, the specimens will be confiscated and handled according to Vietnamese law.

b) For seized specimens that cannot be stored properly, the seizing authority shall record them in a report and transfer them to the local Forest Protection Department for forest plant and animal specimens; the provincial fisheries management agency for aquatic species; rescue facilities for living specimens; or the nearest animal and plant quarantine authority for handling in accordance with current Vietnamese law, consistent with the CITES Convention.

Chapter 6

MEASURES TO ENSURE IMPLEMENTATION OF CITES

Article 33. CITES Management Authority of Vietnam

1. The Ministry of Agriculture and Rural Development shall establish the organizational structure of the CITES Management Authority of Vietnam in compliance with CITES and Vietnamese law to advise and assist the Minister of Agriculture and Rural Development in implementing this Decree.

2. The CITES Management Authority of Vietnam has legal personality, its own seal and account; its main office is located in Hanoi, with representatives in Central and Southern regions.

3. Functions and tasks of the CITES Management Authority of Vietnam:

a) Representing Vietnam in participating and ensuring the implementation of rights and obligations of a member state at CITES member states' meetings;

b) Leading and coordinating with Vietnamese CITES scientific agencies and related agencies and organizations in enforcing CITES in Vietnam;

c) Organizing international relations activities; communicating about enforcement of CITES and combating illegal trade in endangered wild animals and plants;

d) Translating and publishing lists of endangered wild animals and plants specified in CITES Appendices after their adoption or amendment by the Conference of the Parties; translating and publishing CITES guidelines on sampling and identification of endangered wild animals and plants;

đ) Proposing amendments and supplements to the lists of endangered wild animals and plants specified in CITES Appendices;

e) Issuing, revoking permits and certificates stipulated in this Decree and confirming them at the request of importing countries;

g) Printing and issuing CITES permits and certificates;

h) Directing, issuing, and canceling codes for breeding and growing facilities of endangered, precious, and rare forest animals and plants and endangered wild animals and plants listed in CITES Appendices; registering with the CITES Secretariat breeding and growing facilities of endangered wild animals and plants listed in Appendix I CITES for commercial export purposes;

i) Organizing inspections of export, import, re-export, entry from sea, and transit of specimens of endangered, precious, and rare forest animals and plants and endangered wild animals and plants listed in CITES Appendices at border areas;

k) Handling and guiding the handling of specimens listed in CITES Appendices that have been seized in accordance with Vietnamese law and CITES;

l) Leading and coordinating with relevant parties to organize training and guidance on professional matters for agencies, organizations, households, and individuals involved in enforcing CITES;

m) Representing Vietnam in bilateral and multilateral agreements concerning the control of trade in specimens of endangered wild animals and plants listed in CITES Appendices;

4. The State shall ensure funding for the activities of the CITES Management Authority of Vietnam, encouraging domestic and foreign organizations, households, and individuals to support these activities.

Article 34. CITES Scientific Authority of Vietnam

1. The Minister of Agriculture and Rural Development shall designate scientific authorities with appropriate expertise and capacity to serve as the CITES Scientific Authority of Vietnam, and simultaneously notify the CITES Secretariat as prescribed by CITES.

2. Functions and tasks of the CITES Scientific Authority of Vietnam:
Advising the CITES Management Authority of Vietnam and relevant management agencies upon request on the following issues:

a) Current status of populations, distribution areas, degree of endangerment, rarity, and preciousness of endangered wild animal and plant species in nature; establishing export quotas;

b) Issuing CITES permits, export certificates, import certificates, re-export certificates, and transit certificates for specimens of endangered wild animal and plant species listed in the CITES Appendices;

c) Scientific names of animal and plant species;

d) Appraising specimens of wild animals and plants;

đ) Rescuing and caring for live specimens;

e) Suitable habitats and distribution areas for releasing confiscated wild animals;

g) Breeding, growing, and artificial cultivation of endangered wild animals and plants; reviewing projects related to breeding, growing, and artificial cultivation of endangered wild animals and plants;

h) Publishing lists of species capable of being bred for commercial purposes.

3. Being authorized in writing by the CITES Management Authority of Vietnam to inspect breeding facilities, growing facilities, artificial cultivation sites, and activities of exporting, importing, re-exporting, inward shipments from the sea, and transiting specimens when necessary.

4. Participating in working groups of Vietnam in international meetings, conferences, and seminars related to the implementation of CITES.

5. Drafting scientific documents and proposals related to the implementation of CITES; preparing technical reports as required by the CITES Secretariat; coordinating with the CITES Management Authority of Vietnam and law enforcement agencies to collect and appraise specimens when requested.

6. The State ensures funding for the activities of the CITES Scientific Authority of Vietnam when providing advice and recommendations to the CITES Management Authority of Vietnam for managing endangered wild animals and plants and enforcing the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Article 35. Announcing International Export Quotas; Establishing Harvest Quotas

1. Announcing International Export Quotas:

a) The CITES Management Authority of Vietnam shall announce on the Government Portal and the Ministry of Agriculture and Rural Development's website the international export quotas notified by the CITES Secretariat for species subject to such quotas;

b) International export quotas are used to determine the quantity and volume of specimens of a species that can be harvested.

2. Establishing Harvest Quotas
When organizations or individuals propose harvesting specimens of a species subject to international export quotas under CITES, the CITES Management Authority of Vietnam shall consult the CITES Scientific Authority of Vietnam regarding the feasibility of harvesting to decide on establishing harvest quotas.
If the CITES Scientific Authority of Vietnam confirms that harvesting will have a negative impact on the survival of the species in the wild, no harvest quota shall be established.
If the CITES Scientific Authority of Vietnam determines that harvesting will not have a negative impact on the survival of the species in the wild, the CITES Management Authority of Vietnam shall cooperate with the CITES Scientific Authority of Vietnam to establish harvest quotas in accordance with CITES guidelines.

Article 36. Revocation and Return of CITES Permits and Certificates

1. The competent authority for CITES management in Vietnam shall revoke permits and certificates in the following cases:

a) When permits and certificates are issued in violation of regulations;

b) When permits and certificates are used for purposes other than those intended;

c) When organizations or individuals holding permits and certificates commit violations of laws on forest plant and wildlife protection and conservation, and endangered and precious species, and CITES regulations.

2. Returning expired permits and certificates:

a) Within ten days from the date of expiration of the permit or certificate, if the permit or certificate has not been used, the organization, household, or individual who was granted the permit or certificate must return the expired permit or certificate to the competent authority for CITES management in Vietnam;

b) The competent authority for CITES management in Vietnam has the right to refuse issuance of subsequent permits in cases where organizations or individuals fail to fulfill their obligation to return expired permits or certificates.

Article 37. Statistics and Preservation of Specimens of Endangered Wild Fauna and Flora Species Listed in CITES Appendices After Seizure

1. Before December 31 each year, the Ministry of Finance shall be responsible for providing information and statistical data on specimens of endangered wild fauna and flora species listed in CITES appendices according to the regulations on state asset management and utilization by subordinate agencies to the Ministry of Agriculture and Rural Development for reporting to the Conference of the Parties to CITES as required by CITES.

2. The information provided shall include: Quantity and volume of specimens currently preserved, specific to each type, and origin of the specimens.

3. The competent authority for CITES management in Vietnam shall compile reports on the quantity of specimens of endangered wild fauna and flora species listed in CITES appendices that are being preserved upon request of the Secretariat of CITES.

Chapter IV
IMPLEMENTATION

Article 38. Management Responsibility for Breeding Facilities of Endangered and Precious Forest Plants and Wildlife and Endangered Wild Fauna and Flora Species Listed in CITES Appendices

1. The provincial Forest Protection Department shall be responsible for managing and inspecting breeding facilities for endangered and precious forest plants and wildlife and endangered wild fauna and flora species listed in CITES appendices, except for cases stipulated in Clause 2 of this Article.

2. The provincial fisheries management agency shall be responsible for managing and inspecting breeding facilities for endangered aquatic species listed in CITES appendices.

3. The provincial Forest Protection Department and the provincial specialized fisheries management agency shall implement management, monitoring, and updating of information after each inspection into the breeding animal tracking logbook (Form No. 16) and the plant cultivation facility tracking logbook (Form No. 17) attached to this Decree.

The tracking system must be kept in both hard copy and electronic file formats.

The issuing authority and the supervisory body of breeding and cultivation facilities encourage facilities to report activities through electronic files.

4. The management authorities specified in Clauses 1 and 2 of this Article shall update information after each inspection, attach it to the report (Form No. 18 attached to this Decree), and send it to the Department of Agriculture and Rural Development and the competent authority for CITES management in Vietnam before November 30 each year to update data for periodic management tasks, and cooperate with the competent authority for CITES management in Vietnam and relevant agencies to inspect breeding and cultivation facilities of species listed in CITES Appendices I and II. Inspections shall be conducted in accordance with the life cycle stages of the species being bred.

5. Inspection reports must be compiled according to Forms No. 19, 20, 21, and 22 attached to this Decree.

Article 39. Responsibilities of relevant agencies in supervising export, import, re-export, and inward shipment from sea of specimens of wild flora and fauna species listed in Appendices I, II, and III of CITES that are endangered, precious, rare, and other wild flora and fauna species listed in Appendix I of CITES that are endangered.

1. The Customs Authority shall confirm the actual quantity of specimens exported or re-exported on the export permit or certificate issued under Article 22 of this Decree by the Competent Authority managing CITES in Vietnam; return the export permit or re-export permit to the exporter for submission with the goods; record the serial number and date of the permit or certificate on the customs declaration; send a copy of the confirmed permit or certificate within each quarter during the first week of the following quarter to the Competent Authority managing CITES in Vietnam.

For imported specimens, the Customs Authority shall confirm the actual quantity imported on the import permit; collect and retain the import permit; record the serial number and date of the permit or certificate on the customs declaration; return the export permit or re-export permit issued by the exporting country to the importer; send a copy of the confirmed import permit or certificate within each quarter during the first week of the following quarter to the Competent Authority managing CITES in Vietnam.

2. The following agencies: Forest Protection, Fisheries, Customs, Police, Border Guard, Taxation, Market Management, Animal Health, Animal Quarantine, Plant Quarantine, Environmental Protection, Biodiversity Conservation, within their respective functions and duties, shall be responsible for:

a) Inspecting, monitoring, and handling violations according to the provisions of the law regarding violations in the management of export, import, re-export, transshipment, inward shipment from sea, breeding, growing, and artificial cultivation of specimens of wild flora and fauna species listed in Appendices I, II, and III of CITES that are endangered, precious, rare, and other wild flora and fauna species listed in Appendix I of CITES that are endangered; and ordinary wildlife breeding;

b) Providing information and coordinating with the Competent Authority managing CITES in Vietnam regarding the handling of violations related to the export, import, re-export, transshipment, inward shipment from sea, breeding, growing, and artificial cultivation of specimens of wild flora and fauna species listed in Appendices I, II, and III of CITES that are endangered, precious, rare, and other wild flora and fauna species listed in Appendix I of CITES that are endangered, according to the requirements of CITES.

Chapter V
IMPLEMENTING PROVISIONS

Article 40. Effective Date

1. This Decree takes effect from March 10, 2019.

2. The following documents shall cease to be effective from the date this Decree takes effect:

a.) Decree No. 32/2006/NĐ-CP dated March 30, 2006 of the Government on the management of wild flora and fauna species listed in Appendices I, II, and III of CITES that are endangered, precious, rare;

b) Decree No. 82/2006/NĐ-CP dated August 10, 2006 of the Government on the management of activities of export, import, re-export, inward shipment from sea, transshipment, breeding, growing, and artificial cultivation of wild flora and fauna species listed in Appendices I, II, and III of CITES that are endangered, precious, rare;

c) Article 5 of Decree No. 98/2011/NĐ-CP dated October 26, 2011 of the Government amending and supplementing certain articles of decrees on agriculture;

d) Chapter IV of Decree No. 66/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditions for investment and business in plant quarantine; seedlings; ordinary wildlife breeding; animal husbandry; fisheries; food;

đ) Circular No. 47/2012/TT-BNNPTNT dated September 25, 2012 of the Minister of Agriculture and Rural Development on the management of natural exploitation and ordinary wildlife breeding;

e) Circular No. 16/2007/TT-BNN dated February 14, 2007 of the Minister of Agriculture and Rural Development guiding the management and use of export certificates for specimens of wild flora and fauna species listed in Appendix I of CITES;

g) Decision No. 95/2008/QĐ-BNN dated September 29, 2008 of the Minister of Agriculture and Rural Development on the issuance of regulations on bear farming management.

3. For species listed in the Catalogue of Endangered, Precious, and Rare Wild Flora and Fauna Species that are also listed in the Catalogue of Endangered, Precious, and Rare Species Prioritized for Protection, the management regime provided for in this Decree shall apply, except for activities of harvesting to establish initial breeding stock for scientific research purposes.

4. Activities of export, re-export, import, temporary import for re-export, temporary export for re-import, inward shipment from sea, and transshipment of CITES specimens shall be carried out in accordance with the provisions of this Decree.

Article 41. Transitional Provisions

1. Non-commercial breeding and planting facilities established before the effective date of this Decree shall, within three months from the date of its effectiveness, have their owners implement the establishment of ledgers and record keeping of livestock heads according to Model Form No. 16 and plant breeding facility ledgers according to Model Form No. 17 attached to this Decree; submit the ledgers to the competent authority for issuance of facility codes.

2. Biodiversity conservation facilities that have been granted certification by the provincial People's Committee must establish ledgers for livestock heads or artificial cultivation plant specimen ledgers and submit them to the authority issuing facility codes in accordance with this Decree.

3. Organizations and individuals who have submitted applications for permits or certificates; approval for transshipment prior to the effective date of this Decree but have not yet received resolution from the competent authority shall comply with the provisions of this Decree.

4. Organizations and individuals who have submitted applications for registration of breeding and planting facilities but have not yet received resolution from the competent authority shall comply with the provisions of this Decree.

Article 42. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and municipal people's committees directly under the central government shall be responsible for enforcing this Decree./.