CIRCULAR

Guidelines for managing and using Export Certificates for Commemorative Specimens

attached to the Appendices of the Convention on International Trade in Endangered Species

Endangered Wild Fauna and Flora

_________________________

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 82/2006/NĐ-CP dated August 10, 2006 of the Government on management of export, import, re-export, landing from sea, transshipment, breeding, growing, and artificial propagation activities involving endangered, precious, and rare wild animal and plant species;

The Ministry of Agriculture and Rural Development issues guidelines for the management and use of Export Certificates for Commemorative Specimens attached to the Appendices of the Convention on International Trade in Endangered Species (hereinafter referred to as CITES Certificates).

Part I:

GENERAL PROVISIONS

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These Circulars provide guidance on the management and use of CITES Certificates as prescribed in Decree No. 82/2006/NĐ-CP dated August 10, 2006 of the Government on management of export, import, re-export, landing from sea, transshipment, breeding, growing, and artificial propagation activities involving endangered, precious, and rare wild animal and plant species.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

State agencies, organizations, households, individuals within the country; overseas Vietnamese citizens, foreign organizations, and individuals involved in exporting commemorative specimens made from wild animal and plant species listed in the Appendices of the Convention on International Trade in Endangered Species (hereinafter referred to as the CITES Convention).

Chapter II:

PRINTING, ISSUANCE, MANAGEMENT, AND USE OF CITES CERTIFICATES

1. Printing and Issuance of CITES Certificates

a) CITES Certificates are printed and issued uniformly nationwide by the Management Authority of the Convention on International Trade in Endangered Species of Wild Fauna and Flora of Vietnam. Forest Protection Departments of provinces and centrally-administered cities receive, manage, and distribute to organizations and individuals meeting the conditions specified in Article 2 of this Section.

b) Format of CITES Certificate

- Size of certificate: length 21 cm, width 16 cm.

- CITES Certificate is printed in both English and Vietnamese on carbon paper, with the original copy given to customers being white and the retained copy being yellow.

- CITES Certificate has a serial number located at the top right corner, determined by the Management Authority of the Convention on International Trade in Endangered Species of Wild Fauna and Flora of Vietnam.

- The format of the CITES Certificate is attached as an appendix to these Circulars.

2. Organizations and Individuals Authorized to Obtain and Use CITES Certificates

a) Breeding farms, growing farms, and artificial propagation facilities of wild animals and plants that have been granted registration certificates by competent state authorities according to Article 21 of Decree No. 82/2006/NĐ-CP.

b) Commemorative specimen manufacturing businesses that have been granted business licenses by competent state authorities; having sales contracts or supply agreements for products or raw materials from wild animals and plants with breeding farms and artificial propagation facilities of wild animals and plants according to current regulations.

3. Management and Use of CITES Certificates

a) The Management Authority of the Convention on International Trade in Endangered Species of Wild Fauna and Flora of Vietnam shall be responsible for:

- Printing and issuing CITES Certificates upon request from Forest Protection Departments of provinces and centrally-administered cities;

- Inspecting the management of CITES Certificates by Forest Protection Departments of provinces and centrally-administered cities and organizations and individuals authorized to obtain and use them.

b) Forest Protection Departments of provinces and centrally-administered cities shall be responsible for:

- Registering the demand for CITES Certificates from organizations and individuals under their jurisdiction with the Management Authority of CITES Vietnam by December each year; maintaining records of the quantity and serial numbers of CITES Certificates received; ensuring timely issuance of CITES Certificates to meet the usage needs of organizations and individuals specified in Point 2 of this Section; settling printing and issuance costs with the Management Authority of the Convention on International Trade in Endangered Species of Wild Fauna and Flora of Vietnam;

- Managing, inspecting, and guiding the use of CITES Certificates by organizations and individuals in accordance with the law;

- Reporting annually to the Management Authority of the Convention on International Trade in Endangered Species of Wild Fauna and Flora of Vietnam on the management, use, and issuance of CITES Certificates in their jurisdiction by January of the following year;

- Being accountable under the law for the management and distribution of CITES Certificates in their jurisdiction.

c) Organizations and individuals authorized to obtain and use CITES Certificates shall be responsible for:

- Registering their demand for CITES Certificates for the next planning year with the local Forest Protection Department by December and settling the purchase cost of CITES Certificates with the Forest Protection Department;

- Registering the design, symbols, and labels of commemorative specimens produced by themselves; maintaining records of the quantity and serial numbers of CITES Certificates obtained and settling the purchase cost of CITES Certificates with the Forest Protection Department;

- Submitting periodic reports every six months on the use of CITES Certificates no later than July 15 each year; submitting annual reports no later than January 15 each year to the local Forest Protection Department. The report must reflect the specific quantities of CITES Certificates obtained, the quantities used, and the quantities and value of specimens certified;

- Filling out all contents of the CITES Certificate for customers in accordance with these Circulars and being accountable under the law and to the Management Authority of the Convention on International Trade in Endangered Species of Wild Fauna and Flora of Vietnam for the use and issuance of CITES Certificates.

4. Use of CITES Certificates

a) CITES Certificates are provided to overseas Vietnamese citizens and foreigners (hereinafter referred to as exporters) who engage in exporting specimens of wild animal and plant species listed in the Appendices of the CITES Convention and meet the export conditions stipulated in Decree No. 82/2006/NĐ-CP for use;

b) CITES Certificates can only be used for the export of complete commemorative specimens; they cannot be used for live animals or plants.

c) A customer may only be issued a maximum of 4 (four) specimens of each type under a CITES Certificate.

d) If a Certificate is damaged and cannot be used, it shall be crossed out and kept intact. In case of loss of a Certificate or upon discovery of a counterfeit Certificate, organizations and individuals must immediately report to the police authority and the local Forest Protection Sub-department.

5. Writing the Certificate

- Write clearly without erasing or crossing out, using only blue or black ink, no abbreviations. The original white copy is given to the customer, while the yellow copy is retained. The contents of the CITES Certificate on the copy given to the customer and the retained copy must be identical.

- Breeding facility code: Record the breeding facility code issued by the competent state authority.

- Name and address of the distributor: Clearly record the name and detailed address of the organization or individual distributing the specimen.

- Certificate number: Recorded sequentially from number 1 by the organization or individual using the CITES Certificate.

- Customer's name: Record the full name of the customer.

- Nationality: Record the nationality of the customer.

- Passport number: Record the full passport number including both letters and digits.

- Scientific name column: Record the full scientific name of the specimen.

- Specimen description column: Record the type of specimen (handbag, wallet, belt...).

- Source and Appendix column: Record which Appendix the specimen belongs to under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, as specified in Decision No. 54/2006/QĐ-BNN dated July 5, 2006 of the Minister of Agriculture and Rural Development regarding the publication of the List of Wild Fauna and Flora Species specified in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

- Quantity column: Record the quantity and unit of measurement (piece, item...).

- Signature and full name of the breeding facility owner: Sign and record the full name of the issuer.

- Date: Record the date the CITES Certificate was issued.

Chapter III:

IMPLEMENTATION

This Circular takes effect 15 days after its publication in the Official Gazette.

Ministries, ministerial-level agencies, government agencies, People's Committees of provinces and centrally governed cities, Directors of Departments of Agriculture and Rural Development, Chiefs of Forest Protection Sub-departments, Heads of agencies under the Ministry of Agriculture and Rural Development are responsible for implementing this Circular.

During implementation, if there are difficulties or obstacles, they are requested to report them to the Ministry of Agriculture and Rural Development for consideration and resolution./.