DECREE NO. 11/2002/ND-CP ON THE MANAGEMENT OF EXPORT, IMPORT AND TRANSIT ACTIVITIES OF WILD ANIMALS AND PLANTS.

DECREE

Regarding the management of export, import, and transit activities of wild animal and plant species

 

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Forest Protection and Development dated August 12, 1991;

On the basis of the Environmental Protection Law dated December 27, 1993;

Pursuant to the Ordinance on Protection and Development of Aquatic Resources dated April 25, 1989;

Approves the Agreement between the Socialist Republic of Vietnam and the Kingdom of Spain on the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, signed on March 7, 2005.

Pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

To conserve and sustainably manage trade in wild animal and plant species in accordance with the provisions of the CITES Convention and the laws of the Socialist Republic of Vietnam

At the request of the Minister of Agriculture and Rural Development,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. This Decree specifies detailed regulations on the export, import, re-export, and entry from the sea of specimens of wild animal and plant species as stipulated by the CITES Convention and the laws of the Socialist Republic of Vietnam

Article 2. 2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

1. Species: includes a single species or subspecies or a geographically isolated population of animals or plants

2. Hybrid species: is the result of mating or grafting between two species or subspecies of animals or plants

3. Rare and precious species: refers to wild animal and plant species listed in the annexes of Decision No. 18/HĐBT dated January 17, 1992, of the Council of Ministers (now the Government) and other legal documents of the Socialist Republic of Vietnam

4. Common wild animals: refers to species of insects, reptiles, amphibians, birds, and mammals not listed in the appendices of the CITES Convention, Decision No. 18/HĐBT dated January 17, 1992, and not prohibited or restricted for exploitation or use under other legal documents of the Socialist Republic of Vietnam

5. Specimen: is a live or dead wild animal or plant, or a part or derivative thereof, or products derived from wild animals or plants

6. Export, import, re-export, and entry from the sea of wild animal and plant species for commercial purposes: is the movement of specimens of wild animal and plant species across the border or territorial waters of the Socialist Republic of Vietnam for profit in the form of cash, goods, exchange, provision of services, other forms of use, or economic benefits

7. Export of specimens: is the removal of specimens of wild animal and plant species out of the territory of the Socialist Republic of Vietnam

8. Re-export of specimens: is the export of specimens of wild animal and plant species previously legally imported into the territory of the Socialist Republic of Vietnam

9. Import of specimens: is the introduction of specimens of wild animal and plant species into the territory of the Socialist Republic of Vietnam

10. Entry from the sea: is the introduction into the territory of the Socialist Republic of Vietnam of specimens of species listed in the appendices of the CITES Convention that have been harvested from areas beyond national jurisdiction

11. Transit transport: is the transportation or conveyance of specimens of wild animal and plant species under customs control through the territory of the Socialist Republic of Vietnam to a third country

12. Export port, import port: is an airport, seaport, or land or rail border crossing of the Socialist Republic of Vietnam designated for the export or import of specimens of wild animal and plant species

13. Controlled environment: is an environment managed by humans to produce purebred species or selectively bred hybrids. The environment must have clear boundaries to prevent the intrusion or spread of animals, eggs, or gametes outside or inside the managed environment

14. Breeding facility: is a place where wild animal species of legal origin from nature are kept to produce offspring born in a controlled environment

15. Artificial propagation facility: is a place where wild plant species of legal origin from nature are grown, propagated from seeds, zygotes, buds, or grafted in a controlled environment

16. Generation F0, F1, F2:

a) F0 is living animals, eggs, or gametes harvested from nature or offspring born in a controlled environment but resulting from natural mating

b) F1 is the result of reproduction of individuals captured from the wild (F0) raised in a controlled environment. The offspring resulting from the mating of any individual (F) with an F0 individual in a controlled environment is considered (F1)

c) F2 is the result of the reproduction of a pair of parents (F1) raised and mated in a controlled environment

17. Appendices of the CITES Convention include:

a) Appendix I: is a list of wild animal and plant species threatened with extinction and are strictly prohibited from export, import, re-export, and entry from the sea for commercial purposes

b) Appendix II: is a list of wild animal and plant species currently not threatened with extinction, but may become so if their export, import, re-export, and entry from the sea for commercial purposes are not controlled

c) Appendix III: is a list of wild animal and plant species for which a Party implements controls on export, import, re-export, and entry from the sea and requests other Parties to cooperate in controlling their export, import, and re-export for commercial purposes

The lists of wild animal and plant species specified in Appendices I and II of the CITES Convention may be amended through meetings of the Parties held every two years

18. Personal property: is specimens owned by an individual and used for non-commercial purposes. Specimens of species illegally harvested and prohibited by Vietnamese law from being exploited or used are not considered personal property

19. Pre-convention specimen: is a specimen listed in the appendices of the CITES Convention obtained legally before April 20, 1994, the date when the Socialist Republic of Vietnam joined the CITES Convention. Pre-convention specimens must be registered with the Vietnamese Management Authority for CITES

20. Member State: is a State where the CITES Convention has entered into force.

21. Non-member State: is a State where the CITES Convention has not yet entered into force.

Chapter 2:

EXPORT, IMPORT OF SPECIMENS OF WILD ANIMAL AND PLANT SPECIES LISTED IN THE APPENDICES TO THE CITES CONVENTION

Article 3.

1. Export, import, re-export and introduction from the sea for commercial purposes of specimens of wild animal and plant species listed in Appendix I of the CITES Convention shall be prohibited.

2. Export, import, re-export and introduction from the sea for non-commercial purposes of specimens of wild animal and plant species listed in Appendix I of the CITES Convention may only be carried out if the following conditions are met:

a) Not for commercial purposes;

b) In compliance with the laws of the Socialist Republic of Vietnam;

c) Possession of an export, import, re-export or introduction from the sea permit issued by the competent authority managing CITES in Vietnam.

3. The issuance of export, import, re-export and introduction from the sea permits for specimens of wild animal and plant species listed in Appendix I of the CITES Convention and Point c Clause 2 Article 2 shall be carried out if the following conditions are met:

a) Export:

The competent scientific authority of CITES in Vietnam advises that the export will not affect the survival of the species in the wild;

The competent authority managing CITES in Vietnam recognizes the import permit for those specimens issued by the competent authority managing CITES in the importing country prior to export;

The competent authority managing CITES in Vietnam acknowledges that the specimens were legally obtained under the laws of the Socialist Republic of Vietnam;

The competent authority managing CITES in Vietnam confirms that the live specimens are properly prepared for transport to minimize risks and injuries to the specimens.

b) Import:

The competent scientific authority of CITES in Vietnam acknowledges that the importation of those specimens into Vietnam will not affect the survival of the species and other species currently existing in the wild;

The competent authority managing CITES in Vietnam acknowledges that the specimens are imported in accordance with the provisions of the CITES Convention;

The competent authority managing CITES in Vietnam acknowledges that the specimens are not intended for commercial purposes;

The competent authority managing CITES in Vietnam confirms that the organization or individual receiving the specimens has adequate facilities and other conditions to keep and care for live specimens.

c) Re-export:

The competent authority managing CITES in Vietnam recognizes that the specimens were legally imported into Vietnam;

The competent authority managing CITES in Vietnam confirms that the live specimens are properly prepared for transport to minimize risks and injuries to the specimens.

d) Introduction from the sea:

The competent scientific authority of CITES in Vietnam acknowledges that the introduction of those specimens into the territory of the Socialist Republic of Vietnam will not affect the survival of the species and other species currently existing in the wild;

The competent authority managing CITES in Vietnam confirms that the specimens are not intended for commercial purposes.

The competent authority managing CITES in Vietnam confirms that the organization or individual receiving the specimens has adequate facilities and other conditions to keep and care for live specimens.

Article 4.

1. Export, import, re-export and introduction from the sea for commercial purposes of specimens of wild animal and plant species listed in Appendix II of the CITES Convention may only be carried out if an export, import, re-export or introduction from the sea permit is issued by the competent authority managing CITES in Vietnam.

2. The issuance of export, import, re-export and introduction from the sea permits for specimens of wild animal and plant species listed in Appendix II of the CITES Convention and Clause 1 of this Article may only be carried out if the following conditions are met:

a) Export:

The competent scientific authority of CITES in Vietnam advises that the export will not affect the survival of the species in the wild;

The competent authority managing CITES in Vietnam acknowledges that the specimens were legally obtained under the laws of the Socialist Republic of Vietnam;

The competent authority managing CITES in Vietnam confirms that the live specimens are properly prepared for transport to minimize risks and injuries to the specimens.

b) Import:

Possession of an export permit issued by the competent authority managing CITES of the exporting country;

The competent scientific authority of CITES in Vietnam advises that the importation of these species into Vietnam will not affect the survival of the species and other species currently existing in the wild;

The competent authority managing CITES in Vietnam confirms that the live specimens are properly prepared for transport to minimize risks and injuries to the specimens.

c) Re-export:

The competent authority managing CITES in Vietnam acknowledges that the specimens are imported in accordance with the provisions of the CITES Convention and the laws of the Socialist Republic of Vietnam;

The competent authority managing CITES in Vietnam confirms that the live specimens are properly prepared for transport to minimize risks and injuries to the specimens.

d) Introduction from the sea:

The competent scientific authority of CITES in Vietnam advises that the introduction will not affect the survival of the species and other species currently existing in the wild.

The competent authority managing CITES in Vietnam confirms that the live specimens are properly prepared for transport to minimize risks and injuries to the specimens.

Article 5.

1. Export, import, and re-export of specimens of wild animal and plant species listed in Appendix III of the CITES Convention proposed by Vietnam may only be carried out if an export, import, or re-export permit is issued by the competent authority managing CITES in Vietnam or a certificate is issued by the competent authority managing CITES in Vietnam if the species was not proposed by Vietnam for inclusion in Appendix III.

2. The issuance of export, import, re-export permits or certificates for specimens of wild animal and plant species listed in Appendix III of the CITES Convention and Clause 1 of this Article may only be carried out if the following conditions are met:

a) Export:

The competent authority managing CITES in Vietnam acknowledges that the specimens were legally obtained under the laws of the Socialist Republic of Vietnam.

The competent authority managing CITES in Vietnam confirms that the live specimens are properly prepared for transport to minimize risks and injuries to the specimens.

b) Import:

Possession of an export permit issued by the competent authority managing CITES of the exporting country if the export is from a country that proposed the species for inclusion in Appendix III of the CITES Convention or a certificate of origin if the export is from a country that did not propose the species for inclusion in Appendix III of the CITES Convention.

The competent scientific authority of CITES in Vietnam advises that the importation of these species into Vietnam will not affect the survival of the species and other species currently existing in the wild.

c) Re-export: The competent authority managing CITES in Vietnam recognizes that the specimens were legally imported into Vietnam.

Chapter 3:

EXPORT, IMPORT OF SPECIMENS OF WILD ANIMAL AND PLANT SPECIES LISTED IN THE APPENDICES TO THE CITES CONVENTION WITH ORIGIN FROM BREEDING OR ARTIFICIAL PROPAGATION

Article 6.

1. The export, import, and re-export of specimens of wild animal and plant species listed in the Appendices of the CITES Convention that have been bred in captivity or artificially propagated shall only be carried out when an export, import, or re-export permit issued by the Vietnamese Management Authority for CITES is obtained.

2. Permission to export and import for commercial purposes specimens of wild animal and plant species listed in Appendix I of the CITES Convention that have been bred in captivity or artificially propagated from the second generation (F2) at breeding farms or artificial propagation facilities is granted.

3. In the activities of breeding or artificial propagation of species listed in Appendix I of the CITES Convention, the male and female breeding stock must be certified and must be managed to maintain the long-term ability to produce successive generations.

4. Breeding farms or artificial propagation facilities of species of wild animals and plants listed in Appendix I of the CITES Convention must register with the Vietnamese Management Authority for CITES.

, Clause 1, Clause 2 Article 7a of this Regulation..

1. Permission to export and import specimens of wild animal and plant species listed in Appendices II and III of the CITES Convention that have been bred in captivity or artificially propagated from the first generation (F1) at breeding farms or artificial propagation facilities is granted.

2. Breeding farms and artificial propagation facilities of species of wild animals and plants listed in Appendices II and III of the CITES Convention must register with the provincial forest rangers authority authorized by the Vietnamese Management Authority for CITES.

 

Chapter 4:

EXPORT AND IMPORT OF SPECIMENS OF WILD ANIMAL AND PLANT SPECIES OF RARITY AND ENDANGERED STATUS AS PROVIDED BY VIETNAMESE LAW YEAR

Article 8.

1. Export for commercial purposes of specimens of wild animal and plant species of rarity and endangered status specified by Vietnamese law as strictly prohibited from exploitation and use, even though they are not listed in Appendix I of the CITES Convention, is prohibited. In specific cases, the Minister of Agriculture and Rural Development decides on the export of such specimens of wild animal and plant species of rarity and endangered status for non-commercial purposes.

2. Permission to export specimens of wild animal and plant species of rarity and endangered status referred to in Clause 1 of this Article, which have been bred in captivity or artificially propagated from the second generation (F2) at registered breeding farms or artificial propagation facilities with the Vietnamese Management Authority for CITES, is granted.

Article 9. Specimens of wild animal and plant species of rarity and endangered status, which are subject to restricted exploitation and use under Vietnamese law but are not listed in the Appendices of the CITES Convention, must have an export certificate or import certificate issued by the Vietnamese Management Authority for CITES when exported or imported.

Article 10. Specimens of wild animal and plant species present in Vietnam, which are permitted to be exploited and used, or are subject to restricted exploitation and use but are listed in the Appendices of the CITES Convention, must comply with the provisions of the CITES Convention when exported.

Chapter 5:

EXPORT AND IMPORT OF SPECIMENS OF WILD ANIMAL SPECIES OF COMMON STATUS

Article 11.

1. The export, import, and re-export of specimens of wild animal species of common status that have been legally harvested may only be carried out if an export, import, or re-export certificate issued by the Vietnamese Management Authority for CITES is obtained.

2. Issuance of export, import, and re-export certificates for specimens of wild animal species of common status as provided in Clause 1 of this Article shall only be carried out when the following conditions are met:

a) Export:

- The Scientific Authority of the Vietnamese Management Authority for CITES advises that the export will not affect the sustainable existence of those species in nature.

- The Vietnamese Management Authority for CITES recognizes that the specimens were legally harvested according to Vietnamese law.

b) Import: the Scientific Authority of the Vietnamese Management Authority for CITES advises that importing these specimens will not affect the sustainable existence of that species and other species currently existing in nature;

c) Re-export: the Vietnamese Management Authority for CITES recognizes that those specimens were legally imported into Vietnam.

Article 12Export of specimens of wild animal species of common status that have been bred in captivity at registered breeding farms is encouraged and is not limited in quantity.

Chapter 6:

VIETNAMESE MANAGEMENT AUTHORITY FOR CITES YEAR

Article 13. The Ministry of Agriculture and Rural Development is the Vietnamese Management Authority for CITES, with the functions, tasks, and powers as follows:

1. Representing the Government of the Socialist Republic of Vietnam in participating in the Conference of the Parties.

2. Engaging with the CITES Secretariat, member countries, and international organizations to organize the implementation of the CITES Convention in Vietnam.

3. Reporting annually and biennially on the implementation of the Convention as required by the CITES Convention to relevant Vietnamese authorities and the CITES Secretariat.

4. Leading and coordinating with relevant agencies to enforce the CITES Convention in Vietnam, including the following tasks:

a) Drafting regulations on the export and import of wild animals and plants for submission to the Government or relevant ministries and sectors for issuance within their respective jurisdictions.

b) Compiling promotional materials to raise awareness about the CITES Convention among the community.

c) Consulting relevant agencies regarding the designation or change of ports of export and import for wild animals and plants as stipulated by the CITES Convention.

d) Conducting inspections of the export and import of specimens of wild animals and plants at land border crossings, railway stations, seaports, and airports.

đ) Periodically publishing lists of wild animal and plant species listed in the Appendices of the CITES Convention that have been added since the biennial meeting of member countries.

e) Review, issue, and revoke export permits, import certificates, re-export permits, or import-in-transit certificates for specimens of wild animal and plant species in accordance with current regulations and collect permit fees. Coordinate with the Ministry of Fisheries in reviewing and issuing export permits, import permits for live specimens of aquatic wild animal and plant species listed in the Appendices of the CITES Convention.

g) In cases where necessary, the CITES Management Authority of Vietnam will mark specimens that have been authorized for export or import.

Guide, supervise, inspect, and check breeding farms for animals and artificial propagation facilities for plants for commercial purposes.

i) Authorize provincial forest rangers' agencies to register breeding farms and artificial propagation facilities for wild animal and plant species listed in Appendices II and III of the CITES Convention and common wild animals.

k) Process registration procedures with the CITES Secretariat for breeding farms and artificial propagation facilities for wild animal and plant species listed in Appendix I of the CITES Convention that meet the Convention's conditions and submit export quotas for those farms.

l) Establish three Wildlife Rescue Centers in the North, Central, and South regions in Hanoi, Da Nang, and Ho Chi Minh City.

Organize training and professional development for forest rangers, police, customs, border guards, tax officials, market management forces, specialized plant protection inspectors, and veterinary inspectors to coordinate inspections and checks on the export and import of wild animal and plant species in accordance with the CITES Convention and Vietnamese law.

n) Establish the CITES Office of Vietnam at the Forest Protection Department under the Ministry of Agriculture and Rural Development. The office shall serve as the permanent body for the CITES Management Authority of Vietnam.

5. Responsibilities of the Ministry of Agriculture and Rural Development as the CITES Management Authority of Vietnam:

a) Collaborate with the CITES Scientific Authority of Vietnam to propose amendments to the list of rare animal and plant species of Vietnam to be included in the Appendices of the CITES Convention.

b) Jointly with the CITES Scientific Authority of Vietnam, determine annual export quotas for registered breeding farms or artificial propagation facilities for wild animal and plant species.

c) Develop detailed technical standards for breeding farms and artificial propagation facilities, regulations on specimen marking, and transportation conditions for live animals.

Chapter 7:

THE CITES SCIENTIFIC AUTHORITY OF VIETNAM YEAR

Article 14. The Institute of Ecology and Biological Resources under the National Center for Natural Sciences and Technology and the Center for Resource and Environment Research under Hanoi National University are the two CITES Scientific Authorities of Vietnam with the following functions and responsibilities:

1. Provide scientific advice to the CITES Management Authority of Vietnam on:

a) Current distribution status, rarity level, extinction risk, and threats to the survival of wild animal and plant species in nature to propose annual export quantities for commercial purposes.

b) Conditions for transporting live animals.

c) Developing technical standards for breeding farms and artificial propagation facilities.

d) Issuing export permits, import certificates, re-export permits, and import-in-transit certificates for specimens of species listed in the Appendices of the CITES Convention.

đ) Identifying specimens, classifying specimens, and defining scientific terms.

e) Establishing rescue centers and selecting release habitats for seized wild animal species during inspections and controls.

g) Housing conditions and care conditions for specimens of wild animal and plant species listed in the Appendices of the CITES Convention for import or import-in-transit.

2. Participate in meetings convened by the CITES Secretariat.

3. Draft scientific documents and prepare proposals jointly with the CITES Management Authority of Vietnam to submit to the CITES Secretariat for supplementing or reclassifying species in Appendices I and II of the CITES Convention at member states' conferences. Prepare scientific documents for the CITES Management Authority of Vietnam to submit to the CITES Secretariat regarding the inclusion of a species in Appendix III or the removal of a species from Appendix III of the CITES Convention when deemed necessary.

4. Develop and print identification materials for wild animal and plant species of Vietnam listed in the Appendices of the CITES Convention.

Chapter 8:

ISSUANCE OF EXPORT PERMITS AND IMPORT CERTIFICATES

Article 15Export, import, re-export, and import-in-transit of specimens of wild animal and plant species can only be carried out with export permits or import certificates issued by the CITES Management Authority of Vietnam.

Article 16. Each shipment must have its own original permit or certificate attached. Permits and certificates must be presented upon export, import, or when requested by authorities.

Article 17.

1. Export permits and import certificates must contain complete information about the permitted specimens. The CITES permit must bear a CITES stamp with a specific symbol for Vietnam issued by the CITES Secretariat.

2. CITES permits are printed according to a standardized format and apply only to species listed in the Appendices of the CITES Convention. Certificates are issued for specimens of species not listed in the Appendices of the CITES Convention as specified by Vietnam.

3. Samples of CITES permits, samples of certificates, signatures of designated signatories on permits, and stamps on permits are registered for notification to all member countries by the CITES Secretariat.

4. Export permits and re-export certificates issued by the CITES Management Authority of Vietnam are valid for a maximum of six months from the date of issuance, while import permits and certificates are valid for up to one year.

5. A permit or certificate that has been issued loses its validity when it is altered, erased, expired, transferred, is a copy, or not issued by the Vietnamese Management Authority for CITES. Permits and certificates that do not comply with the laws of the exporting or importing country are invalid in Vietnam.

Article 18.

1. Organizations and individuals requesting permits for export, import, re-export, and introduction from the sea of specimens of wild fauna and flora must meet the following conditions:

a) Having a business registration certificate for exporting and importing wild fauna and flora issued by the competent authority;

b) Having registered tax numbers for exports and imports with the customs authority;

c) Possessing the original contract concluded between domestic organizations or individuals and foreign organizations or individuals;

d) A certificate confirming that the wild fauna and flora originate from captive breeding or artificial propagation, or a permit for harvesting in accordance with the law;

đ) An inspection report on the number of breeding animals at the farm, the number of plants cultivated in artificial propagation facilities, or a confirmation document regarding the quantity and species according to the harvesting permit issued by the local competent authority;

e) Presenting the original receipt for resource tax (for wild fauna and flora harvested from nature);

g) In cases where they are not the entities directly granted the harvesting permit, they must present the original contract concluded between domestic organizations or individuals;

2. Organizations and individuals participating in the export, import, re-export, and introduction from the sea of specimens of wild fauna and flora for non-commercial purposes must have documents proving the legal origin of the shipment.

3. The transportation of live specimens must comply with current regulations on transportation by the International Air Transport Association and transport regulations under the CITES Convention.

Article 19. The procedures for issuing permits are as follows:

1. The application file includes:

a) An application form for a permit sent to the Vietnamese Management Authority for CITES according to a unified model;

b) Valid documents of the shipment as stipulated in Article 18. The consignor is responsible for the accuracy and legality of these documents.

2. Organizations and individuals receiving permits must pay fees as prescribed by law.

3. Within no more than seven working days from the date of receiving complete and valid application files from organizations and individuals requesting permits, the Vietnamese Management Authority for CITES shall issue the permit. In case of refusal, a notification letter stating the reasons must be sent to the organization or individual who submitted the application.

Article 20.

1. Permission to export, import, and re-export specimens of wild fauna and flora listed in the Appendices of the CITES Convention from Vietnam to a non-member country is granted if the following conditions are met:

a) Permits and certificates from non-member countries must bear the name, seal, and signature of authorities equivalent to the Management Authority for CITES designated by their government;

b) Accurate classification of the species according to the criteria of the Convention;

c) Proof of origin or an explanation for the absence of proof of origin issued by an authority equivalent to the Management Authority for CITES designated by their government;

d) If exporting specimens of species listed in Appendix I and II, a scientific authority equivalent to the Scientific Authority for CITES designated by their government must issue a certificate confirming that the harvesting of such specimens is legal and does not adversely affect the survival of the species in the wild;

đ) If re-exporting from a non-member country, an authority equivalent to the Management Authority for CITES designated by their government must certify that the import into that country was conducted in compliance with the Convention;

e) When exporting live specimens from non-member countries, transportation must be properly prepared to minimize risks and injuries to the live specimens;

2. The Vietnamese Management Authority for CITES recognizes equivalent authorities if these authorities have notified the CITES Secretariat or after consulting with the CITES Secretariat;

3. Permission to import species of wild fauna and flora listed in the Appendices of the CITES Convention, which are bred or artificially propagated in non-member countries, is granted after consulting with the CITES Secretariat;

4. Permission to import species listed in Appendix I of the CITES Convention for conservation or protection purposes is granted after consulting with the CITES Secretariat;

Article 21. The Vietnamese Management Authority for CITES will not issue permits for the importation of specimens into Vietnam if it determines that the imported specimens pose potential disease risks or harmful development to the natural environment of Vietnam or negatively impact Vietnam's economic activities;

Article 22.

1. The Vietnamese Management Authority for CITES will revoke permits or certificates if they were issued based on false information provided by the organization or individual requesting the permit;

2. The Vietnamese Management Authority for CITES receives new information about violations of the CITES Convention or related regulations concerning the import, export, re-export, or introduction from the sea by the permitted organization or individual;

3. Organizations and individuals holding permits must return unused permits or certificates to the Vietnamese Management Authority for CITES within fifteen days from the expiration date indicated on the permit or certificate;

Article 23.

1. Organizations and individuals applying for permits are responsible for providing and supplementing all necessary information about the shipment upon request by the Vietnamese Management Authority for CITES;

2. Organizations and individuals holding permits are legally liable for self-transfer, alteration, erasure, or addition/subtraction of details recorded in the permit;

3. In addition to the permit issuance fee stipulated in Clause 2 of Article 19, organizations and individuals requesting permits may also be required to pay appraisal or classification costs when necessary.

4. Organizations and individuals granted permission for exporting, importing, or re-exporting specimens of wild flora and fauna species must comply with other relevant current laws and regulations of the Socialist Republic of Vietnam concerning export and import.

 

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.".

1. The competent authority managing CITES in Vietnam shall issue export, import, and re-export permits for pre-Convention specimens and personal property specimens upon request from organizations or individuals who provide sufficient documentation to prove the legality of such specimens.

2. The export, import, or re-export of specimens of wild flora and fauna for scientific purposes, gifts, exhibitions, and circus performances shall be decided by the Ministry of Agriculture and Rural Development.

Article 25. During transit, all legal documents must accompany the shipment. If the shipment consists of live animals, it must comply with the provisions of Clause 3, Article 18.

Chapter 9:

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 26. Forest rangers, customs officers, police, border guards, tax authorities, market management agencies, animal quarantine services, plant quarantine services, aquatic quarantine services, according to their respective functions and responsibilities, shall inspect, check, and handle violations in accordance with the law regarding hunting, trading, storing, and transporting wild flora and fauna illegally.

Article 27.

1. The holding of live animals pending a decision on their disposal must ensure safety for people and proper care for the animals.

2. Specimens confiscated that are confirmed by quarantine authorities to be diseased or to carry disease-causing pathogens shall be destroyed. The destruction process shall be carried out in accordance with current legal regulations.

3. Handling of confiscated specimens:

a) Confiscated specimens of domestic origin shall be handled in accordance with Article 27 of Decree No. 77/CP dated November 29, 1996, issued by the Government on administrative penalties for violations in forest management, forest protection, and forest product management.

b) Confiscated specimens of foreign origin shall be returned to the country of origin. All costs shall be borne by the individual or organization that exported or imported the specimen illegally or by the receiving country. In cases where the country of origin does not accept the return, the handling shall be treated as if the specimen were of domestic origin.

Article 28. Organizations and individuals violating the provisions of this Decree may be subject to administrative penalties or criminal prosecution, depending on the nature and severity of the violation, in accordance with the current laws of the Socialist Republic of Vietnam.

1. Organizations and individuals engaging in violations related to forest management, forest protection, and forest product management shall be subject to administrative penalties under Decree No. 77/CP dated November 29, 1996, on administrative penalties for violations in forest management, forest protection, and forest product management.

2. Individuals committing violations resulting in damage exceeding the maximum level subject to administrative penalties for illegal exploitation, hunting, transportation, and trade of rare or common wild flora and fauna (of natural origin) shall be criminally prosecuted in accordance with the Penal Code of the Socialist Republic of Vietnam.

3. Organizations and individuals violating the provisions on biodiversity conservation and natural resource preservation shall be subject to administrative penalties under Decree No. 26/CP dated April 26, 1996, issued by the Government on administrative penalties for violations in environmental protection, or criminally prosecuted in accordance with the Penal Code of the Socialist Republic of Vietnam.

4. Organizations and individuals violating the provisions on exploitation, transportation, and business operations involving species of flora and fauna managed by the Fisheries Department shall be dealt with in accordance with the Ordinance on Protection and Development of Aquatic Resources dated April 25, 1989, and Decree No. 48/CP dated August 12, 1996, issued by the Government on handling administrative violations in the field of aquatic resource protection.

5. Organizations and individuals violating customs procedures shall be administratively penalized in accordance with Decree No. 54/CP dated July 21, 1998, issued by the Government on administrative penalties in the customs sector.

6. Organizations and individuals violating regulations in the trade sector concerning export, import, and transportation of goods shall be administratively penalized in accordance with Decree No. 01/CP dated January 3, 1996, issued by the Government on administrative penalties in the trade sector.

7. Organizations and individuals violating regulations on plant protection and quarantine shall be subject to administrative penalties under Decree No. 78/CP dated November 29, 1996, issued by the Government on administrative penalties in the field of plant protection and quarantine.

Article 29.

1. Organizations and individuals have the right to appeal administrative decisions or actions of state administrative agencies or persons authorized within state administrative agencies when they believe such decisions or actions contravene the provisions of this Decree and infringe upon their legitimate rights and interests.

2. Citizens have the right to report to agencies and persons authorized about actions violating the provisions of this Decree by any organization or individual causing or threatening to cause damage to national interests, citizens' rights and legitimate interests, and those of organizations.

3. The resolution of appeals and reports shall be carried out in accordance with the Law on Appeals and Reports dated December 2, 1998.

Chapter 10

IMPLEMENTING PROVISIONS

Article 30.. The Ministry of Agriculture and Rural Development shall be responsible for guiding and supervising the implementation of this Decree, regularly reporting to the Government and informing relevant sectors about the implementation of the CITES Convention.

Article 31. This Decree shall take effect fifteen days from the date of signature.

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial and municipal people's committees directly under the central government shall organize the implementation of this Decree within their respective powers and responsibilities.

All previous regulations contrary to this Decree are hereby abolished.