This Circular specifies detailed regulations regarding the management and protection of wild fauna and flora under CITES in Vietnam, including matters such as issuing codes for breeding facilities, requirements for enclosures, environment, and veterinary care, responsibilities of organizations and individuals engaged in breeding, and the registration and confirmation procedures of the Vietnamese CITES Scientific Authority.
适用范围
Organizations, households, and individuals breeding species listed in the Appendices of the CITES Convention in Vietnam.
要点
- Issuing codes for breeding facilities
- Requirements for enclosures and environments suitable to the characteristics of the species being bred
- Responsibility to maintain records of breeding activities
- Registration and confirmation procedures of the Vietnamese CITES Scientific Authority for species without natural distribution in Vietnam
- Reissuing codes when necessary
🌐 本文件的社会影响
- Protecting biodiversity
- Limiting illegal exploitation of wild fauna and precious flora
- Strengthening state management over the breeding of species listed in the Appendices of the CITES Convention
❓ 常见问题
Which agency issues codes for breeding facilities of species listed in the Appendices of the CITES Convention?
The Provincial Forest Protection Agency or the Provincial Fisheries Management Agency, depending on the type of species.
What is the maximum time limit for the agency issuing codes to complete the issuance of codes?
Within three working days from the date of receipt of a valid application, or within fifteen working days if a site inspection is required.
Which agency confirms the impact of breeding species without natural distribution in Vietnam?
The Vietnamese CITES Scientific Authority must respond within seven working days from the date of receipt of the request document.
全文
CIRCULAR
Regulations on the management of endangered, precious, and rare species; the breeding of common wild animals; and the enforcement of the Convention on International Trade in Endangered Species of Wild Fauna and Flora
Concerning the Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government stipulating the delegation and decentralization in the fields of agriculture and environment;
At the proposal of the Director of the Forest Management and Inspection Department and the Director of the Biodiversity Conservation Department;
Pursuant to the Forestry Law dated November 15, 2017;
Pursuant to the Law on Biodiversity dated November 13, 2008;
Pursuant to the Fisheries Law dated November 21, 2017;
Based on the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
Pursuant to Decree No. 35/2025/NĐ-CP dated February 25, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
The Minister of Agriculture and Rural Development issues this Circular to regulate the management of endangered, precious, and rare forest plant and animal species; priority protected endangered, precious, and rare species; the breeding of common wild animals; and the enforcement of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as CITES).
1. This Circular regulates the management of endangered forest plants and animals; priority protected endangered, precious, and rare species; the breeding of common wild animals; and the enforcement of the CITES Convention. 2. This Circular does not regulate the management system for endangered and precious livestock and crop breeds and endangered and precious aquatic species that do not belong to the Appendices of the CITES Convention.
This Circular applies to agencies, organizations, households, and individuals involved in activities related to the management of endangered forest plants and animals; priority protected endangered, precious, and rare species; the breeding of common wild animals; and the enforcement of the CITES Convention.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. A species refers to a species, a subspecies, or a geographically isolated population of a species.
2. Hybrid species is the result of mating or grafting between two species or two subspecies of animals or plants.
Article 2. Applicability
3. The Appendix of the CITES Convention is the list of endangered wild fauna and flora species adopted by the Conference of the Parties to the CITES Convention and effective according to the provisions of the Convention, including:
Article 3. Explanation of Terms
In this Circular, the following terms are understood as follows:
a) Appendix I of the CITES Convention includes those wild animal and plant species threatened with extinction, which are prohibited from export, import, re-export, entry from the sea, and transit of specimens taken from the wild for commercial purposes, and hybrids with species listed in Appendix I of the CITES Convention;
b) Appendix II of the CITES Convention includes those wild animal and plant species that are not currently threatened with extinction but may become so if trade in specimens of these species taken from the wild for commercial purposes is not strictly regulated, and hybrids with species listed in Appendix II of the CITES Convention (except hybrids with species listed in Appendix I of the CITES Convention);
c) Appendix III of the CITES Convention includes those wild animal and plant species that a Party requests other Parties to cooperate in controlling trade in specimens of these species taken from the wild for commercial purposes, and hybrids with species listed in Appendix III of the CITES Convention (except hybrids with species listed in Appendix I or Appendix II of the CITES Convention).
4. Specimens of endangered, precious, and rare species refer to live or dead individuals, gametes, embryos, eggs, larvae, parts, derivatives of individuals belonging to such species.
5. Parts of animals and plants refer to any part of an individual animal or plant in its raw form or processed or manufactured into finished products that can be identified as belonging to the species.
6. Derivatives of animals and plants refer to all forms of matter separated or extracted from such individuals.
7. Common wild animals refer to mammal, bird, reptile, amphibian species that do not belong to: the list of endangered, precious, and rare species issued together with this Circular or species listed in Appendices I and II of the CITES Convention; the list of domesticated animals bred as pets under the law on animal husbandry.
8. Harvesting specimens of endangered, precious, and rare species refers to the activity of removing specimens of such animal and plant species from their natural habitats.
9. For commercial purposes refers to transactions between organizations and individuals involving specimens of animal and plant species aimed at profit.
10. Not for commercial purposes refers to transactions between organizations and individuals involving specimens of animal and plant species not aimed at profit, such as serving diplomacy, scientific research, captive breeding conservation, ornamental breeding, rescue, museums; product exhibitions; circus performances; exchange of specimens among CITES management agencies.
11. Entry from the sea refers to the activity of bringing into the territory of Vietnam specimens of animal and plant species specified in the Appendices of the CITES Convention harvested from areas of the sea beyond the jurisdiction of any State.
12. Re-export refers to the export of specimens previously imported, including intact specimens or those that have been processed or produced and manufactured domestically.
13. Controlled environment refers to an environment managed by humans to ensure conditions to prevent the intrusion or spread of animals, plants, eggs, gametes, zygotes, seeds, buds, genes, diseases into or out of that environment to create purebred or hybrid species.
14. Breeding facility, planting facility refers to facilities for growing and breeding endangered, precious, and rare forest animal species and/or species listed in the Appendices of the CITES Convention and/or common wild animals; artificial planting facilities for endangered, precious, and rare forest plant species and/or species listed in the Appendices of the CITES Convention.
15. Growing breeding refers to the method of raising offspring, eggs, embryos of species in a controlled environment until they hatch into individuals.
16. Breeding refers to the method of raising animals to produce the next generation in a controlled environment.
17. Artificial planting refers to the method of planting, grafting from seeds, buds, zygotes, branches, or other methods of propagating wild plants in a controlled environment.
18. F1 generation refers to individuals born in a controlled environment where at least one parent was harvested from the wild.
19. F2 generation or subsequent generations refer to individuals born in a controlled environment by pairs of parents from the F1 generation onwards.
17. Artificial planting is the form of planting, sowing from seeds, sprouts, zygotes, grafting branches, or other methods of propagating wild plants in a controlled environment.
18. The F1 generation is an individual born in a controlled environment, where at least one parent is extracted from nature.
19. The F2 generation or subsequent generations are individuals born in a controlled environment by a pair of parents from the F1 generation onwards.
20. Personal and household property that are specimens derived from legally sourced wild animals and plants, excluding living specimens.
21. Pre-Convention specimens are specimens of a species obtained before the date specified in the CITES Convention for the application to that species or before the member state joined the Convention. The time of obtaining the specimen falls under one of the following cases:
a) The day the specimen was harvested from nature;
b) The day the specimen was bred or artificially planted in a controlled environment;
c) In cases where the acquisition date cannot be determined according to points a and b of this clause, the acquisition date is the first day the specimen has an owner.
22. Finished product is a product that is packaged and labeled for sale on the market for use without further production or processing.
23. Member State of the CITES Convention is a country participating and implementing the CITES Convention, applying management consistent with the provisions of the Convention.
24. The CITES Convention is the Convention on International Trade in Endangered Species of Wild Fauna and Flora, adopted on March 3, 1973, in Washington, and effective for members participating in the CITES Convention, including the Socialist Republic of Vietnam since April 20, 1994.
25. The Secretariat of the CITES Convention is the Secretariat managed by the United Nations Environment Programme, with functions and responsibilities as stipulated in Chapter XII of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
26. Genetic diversity coefficient of a variety is the coefficient used to assess the richness in quantity of varieties and the diversity level of crop varieties calculated according to the Simpson diversity index.
Genetic diversity coefficient of variety i: Hg = 1 - Σ f2(xi)
f2(xi): the percentage of area planted with variety i relative to the total area planted with all varieties of a crop species.
27. Range of a species is the area defined by the shortest continuous boundary enclosing all known or predicted locations where the species is present.
28. Habitat of a species is the smallest area required for the existence of a population of the species within its range.
29. Conservation translocation is the process of moving individual organisms from one natural range to another suitable natural range for the growth and development of the species according to a plan approved by the competent authority.
30. Conservation breeding and cultivation activities are activities aimed at conserving genetic resources and restoring populations of species in accordance with the law.
31. Activities serving the purpose of biodiversity conservation include in-situ and ex-situ conservation activities to protect, restore, and develop genetic resources, individuals, populations, and habitats of endangered, precious, and rare species prioritized for protection as prescribed by the Biodiversity Law and this Circular.
32. Activities serving the purpose of scientific research are activities carried out within the framework of national, ministry-level, or provincial science and technology projects, tasks approved by the competent authority in accordance with the law.
33. Activities serving the purpose of eco-tourism are actions organized by individuals or entities to conduct observation activities of endangered, precious, and rare species in nature or at biodiversity conservation facilities, combined with educational activities to raise awareness about biodiversity conservation.
Article 4. Criteria and List of Endangered, Precious, and Rare Species
1. The List of Endangered, Precious, and Rare Species includes Group I and Group II
a) Group I: Species strictly prohibited from exploitation and use of specimens extracted from the wild for commercial purposes, including: prioritized protected species; endangered and precious forest plant and animal species (Group IA: forest plants, Group IB: forest animals);
b) Group II: Species restricted from exploitation and use for commercial purposes, including: endangered and precious forest plant and animal species (Group IIA: forest plants, Group IIB: forest animals).
2. Criteria for determining endangered, precious, and rare species in Group I:
a) Species listed in Appendix I of the CITES Convention naturally distributed in Vietnam or evaluated by the Vietnamese Scientific Authority of CITES based on criteria from IUCN or the Red Book of Vietnam at risk levels from Endangered (EN) to Critically Endangered (CR);
b) Prioritized protected species, except for cases provided for in points c and d of this clause, in addition to meeting the criteria set forth in point a of this clause, also meet one of the criteria being endemic species; having special value in science, medicine, economy, ecology, landscape, environment, culture-historical;
c) For endangered and precious crop and livestock varieties prioritized for protection: the genetic diversity coefficient of the variety is less than 0.25; the percentage of households cultivating and raising below 10% of the total number of households cultivating and raising at the place of origin; planting area below 0.5 hectares for food crops; below 0.3 hectares for annual industrial crops; below 0.1 hectares for vegetables, flowers, medicinal plants; or the number below 250 individuals for long-term industrial crops; below 500 individuals for fruit trees, ornamental trees; Livestock breeds are determined to be breeds with few remaining individuals or threatened with extinction when the number of purebred females is below 100 and the number of males is below 5, or the entire herd has fewer than 120 individuals;
d) For endangered and precious fungi and microorganisms prioritized for protection: the species has a population decline of at least 50% over a period of 10 years up to the evaluation time and currently living in severely degraded environments.
3. Criteria for determining endangered, precious, and rare species in Group II when meeting one of the following criteria:
a) Species currently listed in Appendices II and III of the CITES Convention naturally distributed in Vietnam;
b) Species currently listed in the IUCN Red List at risk levels from Vulnerable (VU) upwards or species listed in the Vietnamese Red Book at risk levels from Vulnerable (VU) upwards evaluated by the Vietnamese Scientific Authority of CITES as requiring measures to restrict trade and use for commercial purposes;
c) Species not covered by the criteria in points a and b of this clause, which are currently being exploited and traded excessively or according to IUCN criteria, evaluated by the Vietnamese Scientific Authority of CITES as likely to become endangered in the wild, requiring measures to restrict trade and use for commercial purposes.
5. The list of endangered, precious, and rare species is issued in Appendix I attached to this Circular.
Article 5. Procedure for amending and supplementing the List of Precious, Rare, and Endangered Species
1. Competence to review applications:
a) The Forest Management and Inspection Department shall review applications proposing amendments and supplements to endangered forest plant and animal species.
b) The Nature Conservation and Biodiversity Department shall review applications proposing amendments and supplements to precious, rare, and endangered species that are prioritized for protection.
2. Application components include:
a) Original proposal for amendment and supplementation according to Model No. 01 attached as Appendix II of this Circular;
b) Original report proposing amendment and supplementation of species in the List of Precious, Rare, and Endangered Species according to Model No. 02 attached as Appendix II of this Circular.
3. The procedure and formalities for processing applications for amendment and supplementation of species in the List of Precious, Rare, and Endangered Species shall be carried out in accordance with Section 1 of Appendix VIII of Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government on decentralization and delegation of authority in the agriculture and environment sector.
Chapter II
MANAGEMENT OF PRECIOUS, RARE, AND ENDANGERED SPECIES
Section 1
CONSERVATION AND PROTECTION OF PRECIOUS, RARE, AND ENDANGERED SPECIES
Article 6. Principles and Measures for Conservation and Protection of Endangered, Valuable, and Rare Species
1. Principles
a) Activities such as exploitation, breeding, cultivation, processing, trading, transportation, storage, advertising, display, exchange, gift-giving, export, and import of specimens of precious, rare, and endangered species must not have negative impacts on their existence, growth, and development in nature and must be managed to ensure legal origin;
b) Breeding activities for reproduction and growth, and export of protected precious, rare, and endangered animal species for commercial purposes can only be conducted with individuals from the F2 generation of the species confirmed by the Vietnamese Scientific Authority of CITES regarding their reproductive and growth capabilities over multiple generations in controlled environments, without affecting their existence and development in nature;
c) Investigations, explorations, research, exploitation, tours, and tourism activities that may negatively impact the habitats, migration routes, and feeding grounds of precious, rare, and endangered species must comply with the provisions of this Circular and relevant laws, and implement measures to minimize impacts and ensure they do not affect the species' existence and development in nature;
d) Tools and means that are destructive, such as weapons, poisoned darts, explosives, poisons, digging pits and holes, setting large traps, spring traps, electric traps, pitfall traps, net traps, cage traps, glue traps, slingshots, large wooden stakes, large iron spikes, and devices emitting animal sounds, shall not be used to exploit specimens of precious, rare, and endangered species from nature, except in cases of exploitation for scientific research, diplomacy, and conservation approved by competent authorities;
đ) Precious, rare, and endangered species rescued but not meeting conditions for release back into nature or having no suitable habitat outside nature must be transferred to biodiversity conservation facilities or rescue centers capable of breeding and cultivating them for conservation purposes;
e) Exploitation of specimens of animals and plants listed in the Appendices of the CITES Convention shall be treated as exploitation of specimens of precious, rare, and endangered species; breeding and cultivation, and export of precious, rare, and endangered species Group I shall be treated as for animals and plants listed in Appendix I of the CITES Convention, precious, rare, and endangered species Group II shall be treated as for animals and plants listed in Appendices II and III of the CITES Convention, except as provided in point g of this clause and Clause 4 of Article 25 of this Circular;
g) Exploitation of specimens of aquatic species listed in the Appendices of the CITES Convention from nature shall be carried out in accordance with the laws on fisheries;
2. Measures for Conservation and Protection of Endangered, Valuable, and Rare Species
a) Precious, rare, and endangered species Group I living naturally shall be conserved in place within their natural distribution areas through the establishment of nature reserves or implementing protective measures for their habitats and migration routes according to relevant laws for managing and protecting these species in areas where nature reserves have not been established;
b) Precious, rare, and endangered species that are conserved elsewhere shall be supported through activities such as rescue, artificial breeding, storage, preservation of genetic resources and specimens of precious, rare, and endangered species to assist in restoring populations outside nature; releasing back into natural habitats, transferring to conservation sites to protect and restore species in their natural habitats according to laws on biodiversity;
3. Management and conservation of seeds and breeds of crops and livestock that are precious, rare, and endangered and prioritized for protection shall be implemented in accordance with laws on animal husbandry and crop production.
Article 7. Investigation, monitoring, assessment of current status, record keeping, and retention of information on endangered, precious, and rare species
1. Content of investigations, monitoring, and assessment of the status of precious, rare, and endangered species includes: Distribution area, habitat, population status, living environment; level of threat of extinction; special values in science, health, economy, ecology, landscape, environment, culture-historical; current management, conservation, protection, and development status of the species.
2. Record keeping and retention of information
Organizations and individuals conducting investigations, monitoring, and assessments of the status of precious, rare, and endangered species shall provide information according to Model No. 03 attached as Appendix II of this Circular, to be sent to the Ministry of Agriculture and Rural Development to establish a database for national biodiversity.
3. Investigations, monitoring, and assessments of the status of precious, rare, and endangered species shall be integrated with forest, fishery, and biodiversity surveys as prescribed by relevant laws.
Article 8. Scientific Research on Endangered, Precious, and Rare Species
1. Scientific research activities on conservation, protection, and sustainable development of precious, rare, and endangered species shall be carried out according to projects approved by competent authorities and must comply with forestry, biodiversity laws, and relevant laws.
2. Before conducting scientific research activities, organizations and individuals must notify the forest owners; breeders and growers; biodiversity conservation facilities; organizations, households, and individuals responsible for managing and using land, forests, and water bodies where the research activities will take place.
Article 9. Handling Cases Where Endangered, Precious, and Rare Animals Harm or Threaten Human Lives and Property
1. In all cases where endangered, precious, and rare animals threaten to harm property or human life, organizations, households, or individuals must take measures to prevent, drive away, and limit damage to the animals while immediately informing the Department of Agriculture and Rural Development or the People's Committee of the nearest commune.
2. In cases where endangered, precious, and rare animals directly attack humans outside special-use forests and nature reserves, after applying measures to drive them away but with no effect, the People's Committee of the commune shall decide and directly direct the organization to capture the animal. If the animal attacks and poses a threat to human life without the ability to prevent, drive away, or capture it, protective measures shall be applied and promptly reported to the specialized management agency at the local level.
Article 10. Harvesting Specimens of Endangered, Precious, and Rare Species from Nature
1. Situations involving harvesting specimens of endangered, precious, and rare species from nature include:
a) To serve national, ministerial, or provincial-level scientific research projects that have been approved by the competent authority in accordance with the law;
b) To serve foreign affairs work as decided by the Prime Minister;
c) To exploit and utilize, which has been approved by the competent authority in accordance with the forestry law.
2. Activities involving the exploitation of endangered, precious, and rare species that are prioritized for protection must comply with the provisions of point a and b of Clause 1 of this Article and the following requirements:
a) The exploitation plan must be confirmed by the Scientific Authority of CITES Vietnam that the exploitation of the endangered, precious, and rare species prioritized for protection does not affect their existence and development in the wild;
b) The harvesting location must be identified, with information about the population status and habitat conditions in the harvesting area;
c) The harvesting time must not affect the reproduction, migration, habitat, and recovery capacity of the species;
d) The harvesting method must not cause harm to other individuals, habitats, or natural population structures;
đ) The quantity harvested must be at the minimum level, determined based on field survey results, ensuring it does not reduce the survival capability of the species outside nature.
3. The application dossier for exploitation in the cases specified in points a and b of Clause 1 of this Article:
a) The original application for exploitation according to Model No. 04 attached as Appendix II of this Circular;
b) The original exploitation plan according to Model No. 05 attached as Appendix II of this Circular;
c) Original approval document for harvesting issued by the forest owner, organization, household, or individual entrusted with managing and using land, forests, and water bodies at the harvesting site;
d) A copy of the Decision of the competent state agency regarding the approval of the research project, topic, or scientific task in cases of exploitation to create original breeding stock for artificial propagation or to collect specimens for scientific tasks;
đ) Copy of the Decision of the Prime Minister granting or transferring specimens of endangered, precious, and rare species in cases of harvesting for foreign affairs work;
e) Confirmation document from the CITES Scientific Authority of Vietnam stating that the harvesting of endangered, precious, and rare species that require priority protection will not affect their existence and development in nature.
4. The procedures for the cases specified in points a and b of Clause 1 of this Article shall be carried out in accordance with the provisions of Section 6 of Appendix VIII of Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government on decentralization and delegation of powers in the field of agriculture and rural development.
5. In cases of exploitation and utilization: The objects and conditions for exploitation shall be implemented in accordance with the detailed regulations issued by the Government to implement certain provisions of the Forestry Law; the components of the dossier, procedures, and formalities for exploitation shall be carried out like those for common species in accordance with the regulations of the Minister of Agriculture and Rural Development on forest product management; the handling of forest products and aquatic resources as public assets shall be established.
Article 11. Procedures for introducing endangered, precious, and rare species prioritized for protection into biodiversity conservation facilities; releasing them back into their natural habitats
1. Procedures for introducing endangered, precious, and rare species prioritized for protection into biodiversity conservation facilities
a) The owner of the biodiversity conservation facility bases the number of species and individual numbers registered when establishing the conservation facility to determine and accept the species for breeding and cultivation within the conservation facility;
b) Conduct a health assessment of the received individual species and prepare a Handover Record according to Model No. 06 attached as Appendix II of this Circular and provide proof of legal origin in accordance with the regulations on management and traceability of forest and aquatic products;
c) Mark and maintain records at the facility according to Model No. 07 attached as Appendix II of this Circular;
d) Carry out quarantine and health monitoring before placing them in the breeding and cultivation area;
d) Within three working days from the date of bringing the animals or plants to the biodiversity conservation facility, the owner of the conservation facility sends a notification according to Model No. 08 attached as Appendix II of this Circular and a copy of the origin dossier to the Department of Agriculture and Rural Development for monitoring and management.
2. Releasing endangered, precious, and rare species prioritized for protection back into their natural habitats:
a) The individual endangered, precious, and rare species prioritized for protection intended for release must meet health conditions, be free from disease, and retain natural behaviors;
b) The release location must be a suitable natural habitat for the endangered, precious, and rare species prioritized for protection;
c) The release of endangered, precious, and rare species prioritized for protection from captive breeding at biodiversity conservation facilities shall be carried out in accordance with the provisions of Clause 3 of this Article;
d) In cases of releasing endangered, precious, and rare species after rescue operations, they shall be carried out in accordance with the provisions of Article 15 of this Circular.
3. Procedures for releasing endangered, precious, and rare species prioritized for protection bred for reproduction at biodiversity conservation facilities
a) Components of the application forms:
The original document proposing the release of endangered, precious, and rare species prioritized for protection by the biodiversity conservation facility according to Model No. 09; the original release plan according to Model No. 10 attached as Appendix II of this Circular.
b) Implementation procedures:
The owner of the biodiversity conservation facility shall submit directly or through postal services or electronic environment one set of the dossier prescribed in point a of this clause to the Department of Agriculture and Rural Development. In cases of submitting the dossier through the electronic environment, it shall be carried out in accordance with the Government's regulations on administrative procedures in the electronic environment;
The Department of Agriculture and Rural Development shall check the dossier and immediately respond to the validity of the dossier components for dossiers submitted directly, within one working day from the date of receipt for dossiers submitted through postal services or the electronic environment; if the dossier lacks required components, a written notice shall be sent to the owner of the biodiversity conservation facility specifying the reasons;
Within three working days from the date of receiving a complete and valid dossier, the Department of Agriculture and Rural Development shall send a document to consult the Scientific Authority of CITES, relevant state management agencies, experts, and authorities managing the proposed release area.
Within ten working days from the date of receipt of the document from the Department of Agriculture and Rural Development, the Scientific Authority, relevant state management agencies, and authorities managing the proposed release area shall respond in writing.
Within three working days from the date of receiving the consultation results, the Department of Agriculture and Environment shall approve the Reintroduction Plan according to Model No. 11 Appendix II issued together with this Circular, or refuse to approve it, stating the reasons in writing for the owner of the biodiversity conservation facility.
Within one working day from the date of approving the Reintroduction Plan, the Department of Agriculture and Environment shall return the Approval Decision to the organization or individual that made the request.
4. The owner of the biodiversity conservation facility shall cooperate with relevant agencies to implement the reintroduction of the species according to the approved plan and prepare the Record according to Model No. 12 Appendix II issued together with this Circular, and report the implementation results to the Department of Agriculture and Environment.
5. The owner of the biodiversity conservation facility shall cooperate with the Department of Agriculture and Environment, the agency responsible for managing and using land, forests, and water bodies related to the reintroduction location, to monitor and protect endangered, precious, and rare species after their reintroduction.
Article 12. Relocation for Conservation of Animals and Plants Listed in the Priority Protected Species Catalogue
1. Cases of relocation of endangered, precious, and rare species prioritized for protection.
a) The living habitat has deteriorated, shrunk, or been fragmented to the point where it is no longer suitable for the species to maintain its survival or reproduction;
b) The natural population of the species has severely declined or exists in isolated, scattered individual states, increasing the risk of extinction;
c) The population has increased beyond the carrying capacity of the habitat, posing a risk of ecological imbalance or affecting other species.
2. Implementation procedures.
a) The Department of Agriculture and Environment shall develop a relocation conservation plan for endangered, precious, and rare species prioritized for protection according to Model No. 13 Appendix II issued together with this Circular, and submit it to the People's Committee of the province where the relocation conservation activity will be carried out.
b) Within seven working days from the date of receiving the relocation conservation plan, the People's Committee of the province shall review and approve the plan according to Model No. 14 Appendix II issued together with this Circular. If necessary, the People's Committee of the province may seek advice from scientific institutions and relevant state management agencies following the following procedure:
Within three working days from the date of receiving the Relocation Plan, the People's Committee of the province shall send a consultation letter to the CITES scientific institution, relevant state management agencies, and the People's Committee of the province where the receiving location is situated if the receiving location for the relocated species prioritized for protection belongs to another province.
Within fifteen working days from the date of receiving the letter from the People's Committee of the province, the CITES scientific institution and relevant state management agencies shall provide a written response.
Within three working days from the date of receiving the consultation results, the People's Committee of the province shall approve the Relocation Plan or refuse to approve it, stating the reasons in writing.
3. The Department of Agriculture and Environment shall be responsible for coordinating with the Management Board of the Nature Reserve Area or the management unit where the relocation conservation activity takes place to monitor and evaluate individuals of endangered, precious, and rare species prioritized for protection after the relocation activity has been carried out, and report the implementation results to the agency issuing the relocation conservation decision.
Article 13. Exchange and gift of specimens of endangered, precious, and rare species prioritized for protection.
1. Exchange and gift of specimens of endangered, precious, and rare species prioritized for protection shall be carried out in cases serving the purpose of biodiversity conservation, scientific research, and eco-tourism.
2. Contents of the application documents:
a) Original Application Form according to Model No. 15 Appendix II issued together with this Circular;
b) Copy of the Record of Breeding and Cultivation according to Model No. 07 Appendix II issued together with this Circular, along with the legal origin documentation of the specimen as required by relevant laws;
c) Copy of the Agreement on Exchange and Gift according to Model No. 16 Appendix II issued together with this Circular.
3. Procedures and Formalities for Issuing Permits:
a) Organizations and individuals shall directly submit or through postal service or electronic environment one set of documents stipulated in Clause 2 of this Article to the Department of Agriculture and Environment. In case of submitting documents through the electronic environment, it shall be carried out in accordance with the Government's regulations on administrative procedures on the electronic environment;
b) The Department of Agriculture and Environment shall check the documents and immediately respond to the validity of the document components for directly submitted documents, within one working day from the date of receipt for documents submitted through postal service or electronic environment; in case the documents are incomplete, notify the organizations and individuals in writing and specify the reasons;
c) Within fifteen working days from the date of receiving valid documents, the Department of Agriculture and Environment shall examine the documents and issue an exchange and gift permit for specimens of endangered, precious, and rare species prioritized for protection according to Model No. 17 Appendix II issued together with this Circular;
d) Within one working day from the date of issuance, the Department of Agriculture and Environment shall return the permit to the organization or individual that made the request.
4. In the case of exchanging or gifting specimens (not being public assets) between biodiversity conservation facilities: The owner of the biodiversity conservation facility must send the agreement on exchange and gift according to Model No. 16 and the notification form according to Model No. 18 Appendix II issued together with this Circular to the Department of Agriculture and Environment at least five working days before the planned exchange or gift date; update the breeding and cultivation record at the facility after completing the exchange or gift activity.
5. The exchange and gift permit for specimens of endangered, precious, and rare species prioritized for protection can only be used once and is valid for six months from the date of issuance.
Article 14. Storage and transportation of specimens of endangered, precious, and rare species
Organizations and individuals storing and transporting specimens of endangered, precious, and rare species must ensure compliance with the following requirements:
1. Storage and transportation of specimens of endangered, precious, and rare species must have a legal origin in accordance with the provisions of forestry, fisheries, and biodiversity laws.
2. Living specimens must be kept and cared for in a manner appropriate to the characteristics of each species, ensuring safety for people and animals.
3. Transportation of living specimens must ensure safety for the specimens and persons experienced or skilled in caring for them during transportation and at the receiving facility.
4. The storage and preservation of genetic resources shall be conducted at the facility for preserving microorganisms and fungi of endangered, precious, and rare species prioritized for protection, which have been certified as biodiversity conservation facilities, and the preservation of genetic material and specimens.
Article 15. Rescue of endangered, precious, and rare species
1. Live animals listed in the Catalogue of Endangered, Precious, and Rare Species that have lost their natural habitat, are lost, injured, or sick shall be rescued at breeding facilities or conservation facilities permitted to operate by competent authorities in accordance with regulations on forest product management; handling of forest products and aquatic resources as state property.
2. In cases where endangered, precious, and rare animals are lost, injured, or sick,
a) Organizations or individuals discovering such animals shall immediately inform the People's Committee of the commune for timely reception and care. Within one working day from the date of receiving information from organizations or individuals, the information receiving agency shall establish a Handover Record according to Model No. 06 attached as Appendix II to this Circular.
b) After establishing the Handover Record, the People's Committee of the commune shall verify information related to the lost, injured, or sick animals and release them back into the appropriate natural environment if they meet the conditions for release, or transfer them to biodiversity conservation facilities for rescue, care, and nurturing for conservation purposes.
Section 2
PROTECTION OF ENDANGERED, PRECIOUS, AND RARE SPECIES IS PRIORITIZED; ESTABLISHMENT OF BIODIVERSITY CONSERVATION FACILITIES
ESTABLISHMENT OF BIOLOGICAL DIVERSITY CONSERVATION FACILITIES
Article 16. Breeding and Cultivating Endangered, Rare, and Valuable Species That Are Prioritized for Protection
1. Breeding of endangered, precious, and rare animal species for biodiversity conservation, scientific research, and eco-tourism purposes shall be conducted at biodiversity conservation facilities that have been certified and meet the conditions stipulated in Article 17 of this Circular and the following requirements:
a) Ensuring the legal origin of the species in accordance with relevant laws;
b) Ensuring the species and number of individuals bred in accordance with the species catalogue approved along with the Certificate of Biodiversity Conservation Facility;
c) Having a Breeding Plan according to Model No. 19 attached as Appendix II to this Circular;
d) For breeding purposes serving eco-tourism: displaying only those species in accordance with the species catalogue approved along with the Certificate of Biodiversity Conservation Facility; not displaying individuals suffering from illness or injury, pregnant, or nursing offspring.
2. Artificial propagation of endangered, precious, and rare plant species for biodiversity conservation, scientific research, and eco-tourism purposes shall be carried out at biodiversity conservation facilities when meeting the conditions stipulated in Article 18 of this Circular.
3. Replanting endangered, rare, and valuable plant species that are prioritized for protection in their natural habitats:
a) Priority plant species listed in the Catalogue of Endangered, Precious, and Rare Species shall be planted for recovery within nature reserves in their natural distribution areas;
b) The management board of the nature reserve shall prepare and submit to the competent authority for approval and implementation of projects to plant and recover priority protected species according to the conservation plan for priority protected species in the nature reserve.
c) Units entrusted with managing and using land, forests, and water bodies outside the boundaries of national parks and conservation areas where the planting and recovery project for endangered, precious, and rare plant species is to be implemented shall cooperate with organizations and individuals implementing the project.
4. In cases where animals become ill, die, or reproduce during the breeding process, the facility owner shall report to the Fisheries Management Agency, Forest Protection Agency, or the People's Committee of the commune in areas without a local Forest Protection Agency for handling in accordance with relevant laws.
Article 17. Conditions for breeding endangered, precious, and rare animal species prioritized for protection at biodiversity conservation facilities
1. Requirements for land area, housing, and infrastructure:
a) The size of the facility must be appropriate for the scale and species registered for breeding;
b) The enclosures must have dimensions and designs suitable to the biological characteristics of the species being bred, meeting standards issued by competent authorities or designed according to guidelines published by international organizations and confirmed by relevant CITES scientific bodies as appropriate to the ecological and biological needs of the species being bred;
c) Meeting environmental hygiene, veterinary, and safety conditions for both humans and the species being bred;
d) Having means and equipment for receiving and transferring the species being bred when necessary;
đ) Having isolation areas to prevent disease outbreaks during monitoring;
e) For large mammals, there must be areas for restoring wild behaviors in cases of captive breeding for conservation purposes;
2. Requirements for human resources:
a) Technical staff responsible for examining and treating animals at the conservation facility must hold a degree in veterinary science, animal husbandry, or aquaculture;
b) Staff responsible for caring for and breeding animals must have a certificate in animal care, breeding, and disease prevention training.
3. Requirements for financial capacity and facility management:
a) There must be financial plans ensuring the operation of the conservation facility and contingency measures for the species registered for breeding in case the facility ceases operations or is dissolved;
b) There must be organizational structure, operation, and supervision plans for the facility;
c) Having breeding, care, and feeding procedures, labor standards, and disease prevention plans suitable for the species being bred;
d) There must be conservation, captive breeding, and re-release plans for endangered, precious, and rare species prioritized for protection back into their natural environment; implementation plans for promotional activities to raise awareness about biodiversity conservation for facilities with registered ecotourism activities; research plans to conserve priority species;
đ) Having disease prevention, environmental protection, and emergency risk management plans.
Article 18. Conditions for artificial cultivation of endangered, precious, and rare plant species prioritized for protection at biodiversity conservation facilities
1. Requirements for physical infrastructure:
a) The cultivation facility must meet standards issued by competent authorities or be designed according to guidelines published by international organizations and confirmed by relevant CITES scientific bodies as appropriate to the biological and ecological characteristics of the species being cultivated;
b) The area of the facility must be suitable for the scale and objects registered for artificial cultivation of plant species;
c) There must be equipment for caring for, cultivating, and artificially propagating plants that is suitable for the objects being artificially propagated;
d) There must be equipment for treating waste and controlling the spread of diseases to the surrounding environment.
2. Requirements for human resources:
Technical staff at the conservation facility must have degrees in biology, biotechnology, plant quarantine, agriculture, or related fields.
3. Requirements for financial capacity and facility management:
a) There must be financial plans ensuring the operation of the conservation facility;
b) There must be organizational structure, operation, and supervision plans for the facility;
c) There must be cultivation and propagation procedures and techniques for the objects being artificially propagated at the facility;
Article 19. Conditions for rescue facilities for animals
1. Requirements for land area, housing, and infrastructure:
a) Must meet standards issued by competent authorities or be designed according to guidelines published by international organizations and confirmed by relevant CITES scientific bodies as appropriate to the ecological and biological characteristics of the species being rescued;
b) The area of the facility must be appropriate for the scale and the registered rescued species; there must be isolation areas for newly received animals before they are released back into their natural habitats;
c) There must be enclosures, cages, and tanks that provide a suitable living environment consistent with the biological and ecological characteristics, maintaining the wild behavior of the species intended for rescue;
d) There must be equipment for caring for, protecting the environment, preventing disease, and ensuring safety for both people and rescued species;
đ) There must be means and equipment for receiving and transferring rescued species when necessary.
2. Requirements for human resources:
a) Technical staff must hold a degree in veterinary science, veterinary livestock husbandry, aquaculture, aquatic pathology for veterinary practice, or related fields such as biology, forestry, and aquaculture;
b) Staff responsible for rescuing and caring for animals must have certificates in professional training for animal care, feeding, and disease prevention.
3. Requirements for financial capacity and facility management:
a) There must be financial plans ensuring the operation of the rescue facility;
b) There must be organizational structure, operation, and supervision plans for the facility;
c) There must be rescue and care procedures for animals, feed rations, and labor costs during the rescue process.
Article 20. Conditions for storing unique, endangered, precious, and rare microorganisms and fungi prioritized for protection, and preserving genetic resources and genetic samples at biodiversity conservation facilities
1. Requirements for physical infrastructure:
a) Must meet standards issued by competent authorities or be designed according to guidelines published by international organizations and confirmed by relevant bodies as appropriate to the species being stored and preserved;
b) The area of the facility must be appropriate for the scale and the registered preservation and storage;
c) There must be equipment for processing samples before long-term storage;
d) There must be storage rooms designed to ensure long-term preservation conditions, not affected by surrounding environmental conditions;
đ) There must be analytical equipment necessary for testing and determining the quality of genetic resources and genetic samples;
e) There must be equipment for treating waste, controlling the spread of diseases to the surrounding environment; ensuring biosafety conditions as prescribed by law.
2. Requirements for human resources:
Technical staff must hold a bachelor's degree or higher in biology, biotechnology, or related sciences;
3. Requirements for financial capacity and facility management:
a) There must be financial plans ensuring the operation of the conservation facility and contingency measures in case the facility ceases operations or is dissolved;
b) There must be organizational structure, operation, and supervision plans for the facility;
c) There must be procedures and techniques for preserving endangered, precious, and rare native microorganisms and fungi, storing genetic resources and genetic samples at biodiversity conservation facilities.
Article 21. Procedures for issuing certificates for biodiversity conservation facilities
a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;
a) The original Application Form for issuing a Certificate for Biodiversity Conservation Facility according to Model No. 20 attached as Appendix II of this Circular;
b) The original Project for Establishing a Biodiversity Conservation Facility according to Model No. 21 attached as Appendix II of this Circular;
2. Procedures and Formalities
a) Organizations and individuals submit directly or through postal services or via electronic environment one set of documents as stipulated in Clause 1 of this Article to the Department of Agriculture and Rural Development. In case of submission via electronic environment, it shall be carried out in accordance with the Government's regulations on administrative procedures in the electronic environment;
b) The Department of Agriculture and Environment shall check the documents and immediately respond to the validity of the document components for directly submitted documents, within one working day from the date of receipt for documents submitted through postal service or electronic environment; in case the documents are incomplete, notify the organizations and individuals in writing and specify the reasons;
c) Within three working days from the date of receiving the documents, the Department of Agriculture and Rural Development will check the completeness and validity of the documents and notify in writing about the completeness and validity of the documents to organizations and individuals. Time waiting for supplementation and completion is not counted towards the time for reviewing the documents;
d) Within twenty-two working days from the date of receiving complete and valid documents, the Department of Agriculture and Rural Development will submit to the People's Committee at provincial level to establish the Review Board and organize the review. The Review Board must have at least seven (7) members, with a structure including: one Chairman; one Deputy Chairman when necessary; one Secretary member and other members representing provincial-level state management agencies on agriculture and rural development, science and technology, CITES scientific agency, and experts with relevant expertise;
đ) Within three working days from the date of obtaining the review results, the Department of Agriculture and Rural Development will submit to the People's Committee at provincial level for consideration and issuance of the Decision to issue the Certificate for Biodiversity Conservation Facility; within two working days, the People's Committee at provincial level will consider and decide to issue the Certificate for Biodiversity Conservation Facility according to Model No. 22 attached as Appendix II of this Circular. If the Certificate for Biodiversity Conservation Facility is not issued, the reasons must be clearly stated in writing to the organization or individual;
e) Within one working day from the date of issuing the certificate, the Department of Agriculture and Rural Development will return the certificate to the organization or individual who requested it;
g) In cases where the Biodiversity Conservation Facility requests to supplement the number of species or individuals of species not included in the registered list when establishing the facility, it shall be implemented according to Article 16 and Clauses 1, 2, and 3 of this Article;
3. Before December 31 each year, the Head of the Biodiversity Conservation Facility has the responsibility to report the status of species conservation under the Priority Species Protection List according to Model No. 23 attached as Appendix II of this Circular to the People's Committee at provincial level through the Department of Agriculture and Rural Development;
Article 22. Revocation of certificates for biodiversity conservation facilities
1. A Biodiversity Conservation Facility shall have its Certificate revoked if it falls under any of the following circumstances:
a) The Biodiversity Conservation Facility requests revocation of the certificate;
b) The Biodiversity Conservation Facility ceases operations for a period of one month or more;
c) The Biodiversity Conservation Facility commits acts of violating the law to the extent that they are criminally prosecuted for offenses related to the management of endangered, precious, and rare species prioritized for protection;
d) The Biodiversity Conservation Facility does not meet the conditions stipulated in Articles 17, 18, 19, and 20 of this Circular;
đ) Within twelve months from the date of issuance of the certificate, the Biodiversity Conservation Facility does not carry out activities according to the approved establishment plan;
e) Organizations and individuals requesting issuance of a Certificate for Biodiversity Conservation Facility provide false information to obtain the Certificate;
2. Procedures for revoking certificates for biodiversity conservation facilities in cases specified in point a of Clause 1 of this Article:
a) For cases specified in point a of Clause 1 of this Article, organizations and individuals submit the original Request for Revocation of the Certificate for Biodiversity Conservation Facility according to Model No. 24 attached as Appendix II of this Circular to the Department of Agriculture and Rural Development through postal services or submit directly at the One-Stop Service Center or via electronic environment. In case of submission via electronic environment, it shall be carried out in accordance with the Government's regulations on administrative procedures in the electronic environment;
Within ten working days from the date of receipt of the Request from the Biodiversity Conservation Facility, the Department of Agriculture and Rural Development will submit to the People's Committee at provincial level for consideration and issuance of the decision to revoke the Certificate for Biodiversity Conservation Facility according to Model No. 25 attached as Appendix II of this Circular and announce on the electronic portal of the People's Committee at provincial level;
b) Within ten working days from the date of receipt of information specified in points b, c, d, đ, e of Clause 1 of this Article, the Department of Agriculture and Rural Development will verify the information and submit to the People's Committee at provincial level for consideration and issuance of the decision to revoke the Certificate for Biodiversity Conservation Facility according to Model No. 25 attached as Appendix II of this Circular and announce on the electronic portal of the People's Committee at provincial level;
3. Within thirty working days from the date the People's Committee at provincial level issues the Decision to Revoke the Certificate for Biodiversity Conservation Facility, the Head of the Facility must transfer the animals to a qualified Biodiversity Conservation Facility according to the provisions of this Circular and prepare a handover record according to Model No. 06 attached as Appendix II of this Circular;
Section 3
PROCESSING AND TRADING OF SPECIMENS OF ENDANGERED, PRECIOUS, AND RARE SPECIES;
RAISING WILD ANIMALS REGULARLY
Article 23. Processing and trading of specimens of endangered, precious, and rare species
1. Processing and trading shall only be carried out in the following cases:
a) Specimens of animal species in Group I with origins from captive breeding from the F2 generation onwards at facilities that have been assigned a code number; Specimens of animal species in Group II with origins from captive breeding from the F1 generation onwards at facilities that have been assigned a code number;
b) Specimens of plant species with origins from planting facilities that have been assigned a code number;
c) Specimens with origins from lawful importation in accordance with the provisions of the law;
d) Specimens collected through incidental take or utilization as prescribed in Article 10 of this Circular.
2. Processing and trading of specimens of endangered, precious, and rare animal species prioritized for protection for commercial purposes may only be carried out with individuals from the F2 generation of species determined by the Scientific Authority of Vietnam under CITES to have reproductive and growth capabilities across multiple generations in controlled environments, and must comply with the provisions of forestry and fisheries laws regarding traceability.
3. Processing and trading of specimens of animals and plants listed in Appendix I of the CITES Convention shall be conducted as specimens of wild plants and animals in Groups I; Processing and trading of specimens of animals and plants listed in Appendices II and III of the CITES Convention shall be conducted as specimens of wild plants and animals in Group II.
4. The owner of production and processing facilities shall record and maintain activity logs in accordance with Form No. 26 attached as Appendix II to this Circular.
1. Raising common wildlife animals must ensure:
1. Common wild animals permitted for breeding are economically valuable animal species belonging to the classes of mammals, birds, reptiles, and amphibians, and not included in: The list of endangered, precious, and rare species issued together with this Circular or species listed in Appendices I and II of the CITES Convention; The list of domesticated animals kept as pets according to the regulations on livestock management.
2. Conditions for breeding common wild animals:
a) Having a lawful origin as stipulated by the Minister of Agriculture and Rural Development concerning the management and traceability of forest products;
b) Safety for humans; compliance with environmental and veterinary laws;
c) The breeding facility does not fall within areas prohibited for livestock farming according to the regulations on livestock management.
3. Organizations and individuals breeding common wild animals shall record and maintain activity logs in accordance with Form No. 07 attached as Appendix II to this Circular; 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 submit notification in accordance with Form No. 08 attached as Appendix II to this Circular to the local Forest Protection Department or People's Committee of the commune in areas without a local Forest Protection Department for monitoring and management.
Chapter III
IMPLEMENTATION OF THE CITES CONVENTION
Section 1
BREEDING AND CULTIVATION
Article 25. Conditions for breeding and cultivation of species listed in the Appendices of the CITES Convention
1. Organizations and individuals must obtain a facility code for breeding or cultivation before commencing such activities, except in cases provided for in Clause 4 and Clause 6 of this Article. Within three working days from the date of bringing animals or plants back to the breeding or cultivation facility, organizations and individuals must submit notification in accordance with Form No. 08 attached as Appendix II to this Circular and a copy of the specimen origin documentation to the local Forest Protection Department or People's Committee of the commune in areas without a local Forest Protection Department for management.
2. For animals:
a) Ensuring a lawful origin as stipulated by the Minister of Agriculture and Rural Development concerning the management of forest products; handling forest products and aquatic resources as national assets. In the case of breeding mammal species listed in Appendix I of the CITES Convention, they must be marked for traceability;
b) Shelters and farms must be constructed in accordance with the characteristics of the species being bred, following standards established by competent state authorities. Where there are no standards for shelters and farms, the authority issuing the code must decide or consult the appropriate Scientific Authority of Vietnam under CITES before making a decision;
c) Breeding facilities must comply with relevant environmental and veterinary laws;
d) Breeding facilities must not be located in areas prohibited for livestock farming according to the regulations on livestock management;
đ) In the case of breeding species listed in the Appendices of the CITES Convention that do not naturally occur in Vietnam and are being registered for the first time for breeding in Vietnam, it must be confirmed in writing by the Scientific Authority of Vietnam under CITES that such breeding will not affect the survival of the species and related species in nature.
3. For plants:
a) Ensuring a lawful origin as stipulated by the Minister of Agriculture and Rural Development concerning the management of forest products; handling forest products and aquatic resources as national assets;
b) In the case of cultivating plant species listed in the Appendices of the CITES Convention that do not naturally occur in Vietnam and are being registered for the first time for cultivation in Vietnam, it must be confirmed in writing by the Scientific Authority of Vietnam under CITES that such cultivation will not affect the survival of the species and related species in nature.
4. Breeding and cultivation of aquatic species listed in the Appendices of the CITES Convention (excluding amphibian species and aquatic species listed in Appendix I of the CITES Convention bred or cultivated for export purposes) shall be carried out in accordance with the provisions of the law on endangered, precious, and rare species.
5. Harvesting, selling, transferring ownership, and transporting specimens of species listed in the Appendices of the CITES Convention from breeding or cultivation facilities that have been assigned a code number: The owner of the breeding or cultivation facility must update information in accordance with Form No. 07 attached as Appendix II to this Circular and comply with the regulations on forest product documentation established by the Minister of Agriculture and Rural Development.
6. Breeding and cultivation of species listed in Appendix I of the CITES Convention that are also included in the list of endangered, precious, and rare species prioritized for conservation, scientific research, and ecotourism shall be carried out in accordance with the provisions set forth in Section 2 of Chapter II of this Circular.
7. Responsibilities of organizations, households, and individuals breeding and cultivating: maintaining activity logs and recording complete information in accordance with Form No. 07 attached as Appendix II to this Circular.
Article 26. Registration of codes for breeding and growing facilities of animal and plant species listed in the CITES Appendices
1. Issuing authority:
a) The provincial Forest Protection Authority shall issue codes for breeding and growing facilities of animal and plant species listed in the CITES Appendices, except as provided in point b of this Clause;
b) The provincial fisheries management agency shall issue codes for breeding and growing facilities of aquatic species listed in Appendix I of the CITES Appendices for export purposes. For aquatic species listed in Appendix I of the CITES Appendices not for export purposes, and for species listed in Appendices II and III of the CITES Appendices, the provisions of the Fisheries Law shall apply.
2. Documents to request code issuance for breeding and growing facilities
a) Original Application for Code Issuance for Breeding and Growing Facilities according to Form No. 27 attached as Appendix to this Circular;
b) Original Breeding Plan according to Part I of Form No. 19, and Growing Plan according to Part I of Form No. 28 attached as Appendix II to this Circular, except as provided in point c of this Clause;
c) In cases where registration is made for breeding and growing species listed in the CITES Appendices for export purposes: original Breeding Plan according to Part II of Form No. 19, and Growing Plan according to Part II of Form No. 28 attached as Appendix II to this Circular;
3. Procedures for implementation:
a) The owner of the breeding and growing facility shall submit directly, through postal service, or via electronic environment one set of documents as stipulated in Clause 2 of this Article to the issuing authority as specified in Clause 1 of this Article. In case of submission via electronic environment, it shall be carried out in accordance with the Government's regulations on administrative procedures conducted via electronic environment;
b) The issuing authority shall check the documents and immediately respond to the validity of the document components for directly submitted applications, within one working day from the date of receipt of the application for applications submitted through postal service or via electronic environment; in cases where the documents are incomplete, the issuing authority shall notify the organization or individual in writing and specify the reasons;
c) Within three working days from the date of receipt of valid documents, the issuing authority shall issue codes for breeding and growing facilities to the requesting organizations or individuals; in cases requiring on-site inspection, within fifteen working days from the date of receipt of valid documents, the issuing authority shall conduct on-site inspections and issue codes for breeding and growing facilities to the requesting organizations or individuals according to Form No. 29 attached as Appendix II to this Circular;
In cases where codes are not issued, the issuing authority shall notify in writing and specify the reasons;
In cases where the documents are invalid, within three working days from the date of receipt of the documents, the issuing authority shall return the documents to the organization or individual and specify the reasons in writing;
d) In cases of breeding and growing wild animal and plant species listed in Appendix I of the CITES Appendices for domestic trade and export purposes, within fifteen working days from the date of receipt of valid documents, the issuing authority shall conduct on-site inspections if necessary, and forward the documents to the CITES Management Authority of Vietnam for submission to the CITES Secretariat;
Within two working days from the date of receipt of the documents, the CITES Management Authority of Vietnam shall forward the documents to the CITES Secretariat;
Within two working days from the date of receipt of approval from the CITES Secretariat, the CITES Management Authority of Vietnam shall notify in writing the issuing authority. Within three working days from the date of receipt of notification from the CITES Management Authority of Vietnam, the issuing authority shall issue codes to the owners of breeding and growing facilities;
Within one working day from the date of receipt of notification of refusal to approve the documents from the CITES Secretariat, the CITES Management Authority of Vietnam shall notify the issuing authority. Within one working day from the date of receipt of notification from the CITES Management Authority of Vietnam, the issuing authority shall notify the organization or individual in writing;
e) Within one working day from the date of issuance of codes for breeding and growing facilities, the issuing authority shall deliver the results to the requesting organizations or individuals;
4. Procedures and formalities for confirmation by the CITES Scientific Authority of Vietnam in cases of breeding and growing species listed in the CITES Appendices that do not have natural distribution in Vietnam and are registered for the first time in Vietnam:
a) Within two working days from the date of receipt of valid registration documents for facility codes, the issuing authority as specified in Clause 1 of this Article shall be responsible for sending a written request for confirmation to the CITES Scientific Authority of Vietnam;
b) Within seven working days from the date of receipt of the document from the issuing authority, the CITES Scientific Authority of Vietnam shall be responsible for responding in writing regarding the impact or non-impact of breeding and growing activities on the survival of the bred and grown species and related species in nature;
5. Reissuing codes: In cases where breeding and growing facilities that have been issued codes change, supplement breeding and growing locations, purposes, or add new species, the organization or individual shall submit the documents as stipulated in Clause 2 of this Article along with the previously issued codes to the issuing authority for reissuance of codes. The procedures for reissuance of codes shall be carried out in accordance with the provisions of Clause 3 of this Article;
6. Revocation of codes:
a) Codes shall be revoked in cases where: the facility requests revocation; the facility changes breeding and growing locations; the facility does not meet breeding and growing conditions or violates management and traceability regulations as prescribed by the Minister of Agriculture and Rural Development;
b) Revocation procedure: Within seven working days from the date of receipt of the request or information as provided in point a of this Clause, the issuing authority as specified in Clause 1 of this Article shall issue a Decision to revoke the code according to Form No. 30 attached as Appendix II to this Circular at the request of the owner of the breeding and growing facility or by written request of competent state management agencies;
c) Within sixty days from the date the issuing authority issues the Decision to revoke the code, the owner of the breeding and growing facility must transfer animals and plants to a facility meeting the requirements as stipulated in this Circular;
Section 2
EXPORT, IMPORT, RE-EXPORT,
IMPORT FROM THE SEA AND CROSSING BORDERS
Article 27. Export, re-export, import, domestic import from sea, transit of specimens of animal and plant species listed in the Appendices to the CITES Convention
1. Conditions for export, re-export, import, domestic import from sea, transit of specimens of animal and plant species listed in the Appendices to the CITES Convention: having a CITES permit issued by the Vietnamese CITES Management Authority, except in cases provided for in Clause 6 and Clause 7 of this Article.
2. Issuance of export permits for specimens of animal and plant species listed in the Appendices to the CITES Convention with natural origins in the following cases: Serving national-level scientific research projects or topics that have been approved or serving diplomatic work as decided by the Prime Minister.
3. Issuance of export permits for specimens of animal and plant species listed in the Appendices to the CITES Convention with origins from breeding, growing, artificial cultivation in the following cases:
a) For specimens of species listed in Appendix I of the CITES Convention: Animal specimens exported from the F2 generation onwards bred at a breeding facility that has been assigned a breeding code by the CITES Secretariat; plant specimens exported from a planting facility that has been assigned a planting code by the CITES Secretariat;
b) For specimens of species listed in Appendix II and Appendix III of the CITES Convention: Animal specimens exported from the F1 generation onwards bred at a facility that has been assigned a breeding code; plant specimens exported from a facility that has been assigned a planting code under Appendix II and Appendix III of the CITES Convention;
c) For specimens of aquatic species listed in the Appendices to the CITES Convention: Specimens from the F2 generation for species listed in Appendix I of the CITES Convention, specimens from the F1 generation for species listed in Appendix II and Appendix III of the CITES Convention from a facility that has been issued a certificate of compliance with breeding and planting conditions according to laws on aquaculture.
4. The Vietnamese CITES Management Authority issues CITES permits for export, re-export, import, domestic import from sea of specimens of animal and plant species listed in the Appendices to the CITES Convention and for export of specimens of endangered and precious species.
5. In case the CITES Secretariat issues a notification requesting member states to temporarily suspend or cease trade in specimens of a particular species from one or several member states of the CITES Convention, the Vietnamese CITES Management Authority shall report to the Ministry of Agriculture and Rural Development no later than five working days from the date of receipt of the notification. The Ministry of Agriculture and Rural Development shall translate and publish the notification on the Government's electronic portal and the Ministry of Agriculture and Rural Development's electronic portal.
In case specimens of animal and plant species listed in the Appendices to the CITES Convention are imported into Vietnam, and the time of export, re-export is before the effective date of the notification suspending trade in those specimens from the CITES Secretariat, the Vietnamese CITES Management Authority shall issue a CITES import permit for that consignment in accordance with Article 30 of this Circular, except where the CITES Secretariat issues a different notification.
6. Conditions for import of specimens of animal and plant species listed in the Appendices to the CITES Convention in cases where a CITES import permit is not required:
a) Import of pre-CITES specimens:
In case specimens of a species listed in the Appendices to the CITES Convention were exported, re-exported before the provisions of the CITES Convention applied to that species, organizations and individuals submit to customs authorities a copy of the air waybill or other transport documents of equivalent value for the imported consignment.
In case pre-CITES specimens are imported which were exported, re-exported after the provisions of the CITES Convention applied to that species, organizations and individuals submit to customs authorities the original CITES export, re-export permit or pre-CITES certificate of the exporting, re-exporting country;
b) Import of specimens of aquatic species (excluding reptiles and amphibians) listed in Appendix I of the CITES Convention with origins from registered breeding, planting facilities with the CITES Secretariat, Appendix II, III of the CITES Convention: organizations and individuals importing specimens submit to customs authorities the original CITES export, re-export permit;
c) Import of specimens of species listed in Appendix III of the CITES Convention from a country that does not propose listing the species in the Appendices to the CITES Convention: organizations and individuals importing specimens submit to customs authorities a copy of the export origin certification document issued by the exporting country.
7. Organizations and individuals transporting specimens of animal and plant species listed in the Appendices to the CITES Convention through transit in Vietnam are not required to go through procedures for obtaining a CITES permit in Vietnam. Organizations and individuals conducting transit submit to customs authorities a copy of the CITES export, re-export permit issued by the exporting, re-exporting country.
Article 28. CITES Permit, Certificate
1. The CITES permit prescribed in Form No. 31 of Appendix II issued together with this Circular shall apply to the export, import, re-export, and domestic import from abroad of specimens of species of animals and plants listed in the Appendices of the CITES Convention; export of specimens of animals and plants included in the List of Rare and Precious Species; it does not apply to cases where the specimen is a personal possession of individuals or households with less than five specimens.
2. The maximum validity period of the export and re-export permit is six months; the maximum validity period of the import permit is twelve months, counted from the date of issuance.
3. The CITES Permit shall be issued in one original copy or electronic form and can only be used once.
Article 29. Procedures and Formalities for Issuing CITES Export and Re-Export Permits for Specimens of Species Listed in the Appendices of the CITES Convention
1. The CITES export and re-export permit shall be issued by the CITES Management Authority of Vietnam.
2. Documents Required
a) Original application for a CITES permit in accordance with Form No. 32 of Appendix II issued together with this Circular;
b) Certified copy of the inventory list of forest products by the local forestry inspection authority in accordance with the regulations of the Minister of Agriculture and Rural Development on forest product management; processing of forest products and aquatic resources that have been established as national property or certified copy of the Aquatic Product Origin Certificate in accordance with the laws on aquaculture.
c) In cases of exporting or re-exporting specimens collected from the wild for scientific research or diplomatic relations: In addition to the documents required under points a and b of this clause, submit a certified copy of the signed cooperation program for scientific research; a certificate of diplomatic gifts or presents confirmed by the competent authority for cases serving diplomatic relations.
d) In cases of exporting or re-exporting specimens listed in Appendix I of the CITES Convention, except for specimens listed in Appendix I originating from registered premises with the CITES Secretariat: In addition to the documents required under points a and b of this clause, submit a certified copy of the import permit issued by the CITES Management Authority of the importing country.
đ) In cases of exporting or re-exporting live specimens for exhibitions or circus performances: In addition to the documents required under points a and b of this clause, submit a certified 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.
3. Procedure and formalities:
a) Organizations and individuals shall directly submit or through postal services or electronic environment one set of documents as stipulated in Clause 2 of this Article to the CITES Management Authority of Vietnam. In cases of submitting documents via the electronic environment, follow the Government's regulations on administrative procedures in the electronic environment.
b) The CITES Management Authority of Vietnam shall check the documents and immediately respond to the validity of the documents for direct submissions, within one working day from the date of receipt for submissions through postal services or electronic environment; in cases where the documents are incomplete, notify the organizations and individuals in writing and specify the reasons.
c) Within five working days from the date of receiving valid documents, the CITES Management Authority of Vietnam shall issue the CITES permit, except in the case stipulated in point d of this clause.
d) In cases where consultation is needed regarding the impact of export or re-export on the survival of the species or a physical inspection is required before issuing the permit due to suspected legality of the specimen, the CITES Management Authority of Vietnam shall seek opinions from the CITES Scientific Authority of Vietnam or consult with specialized management agencies to verify before issuing the permit; the permit issuance period is ten working days from the date of receiving valid documents.
In cases where the CITES permit is not issued, the CITES Management Authority of Vietnam shall notify the organizations and individuals in writing and specify the reasons.
đ) Within one working day from the date of issuing the CITES permit, the CITES Management Authority of Vietnam shall return the permit to the organizations and individuals who applied for it.
4. In cases of exporting specimens that are personal possessions of individuals or households as stipulated in Clause 20 of Article 3, with quantities of five or more specimens of different types, organizations and individuals shall follow the procedures and formalities prescribed in this Article.
Article 30. Procedures and formalities for issuing CITES import permits for specimens of species of animals and plants listed in the Appendices to the CITES Convention
1. The CITES Management Authority of Vietnam shall issue CITES import permits.
2. Contents of the application documents:
a) An original application for a CITES import permit according to Form No. 32 attached as Appendix II of this Circular;
b) A copy of the CITES export or re-export permit issued by the CITES Management Authority of the exporting or re-exporting country for species listed in Appendices II and III of the CITES Convention, or for species listed in Appendix I of the CITES Convention that originate from registered breeding or cultivation facilities with the CITES Secretariat;
c) In cases of importing specimens listed in Appendix I from natural sources for non-commercial purposes: In addition to the documents specified in point a of this clause, submit the registration number of the breeding or cultivation facility for live specimens and a copy of one of the following documents: A scientific research cooperation program agreement approved by the competent authority for scientific research purposes, or a diplomatic gift or presentation confirmation document approved by the competent authority for diplomatic purposes, or an invitation letter from the competent authority for exhibition or circus performance purposes;
d) In cases of importing live animals for breeding: In addition to the documents specified in points a and b of this clause, submit a copy of the registration number of the breeding facility or a Certificate of Biodiversity Conservation Facility;
đ) In cases of importing specimens from countries that are not members of the CITES Convention: A copy of the export or re-export permit issued by the competent authority of the exporting country;
e) In cases of exchanging or returning specimens between two countries: A document from the CITES Management Authority of the exporting or re-exporting country regarding the exchange or return of specimens to the country of origin;
3. Procedures:
a) Organizations and individuals shall directly submit or through postal services or electronic environment one set of documents as stipulated in Clause 2 of this Article to the CITES Management Authority of Vietnam. In cases of submitting documents via the electronic environment, follow the Government's regulations on administrative procedures in the electronic environment.
b) The CITES Management Authority of Vietnam shall check the documents and immediately respond to the validity of the documents for direct submissions, within one working day from the date of receipt for submissions through postal services or electronic environment; in cases where the documents are incomplete, notify the organizations and individuals in writing and specify the reasons.
c) Within five working days from the date of receiving a valid application, the CITES Management Authority of Vietnam shall issue a CITES import permit;
d) In cases of importing specimens originating from exporting countries within regions considered non-compliant under forestry product traceability laws, or where there is information indicating that the export or re-export permit is forged or shows signs of erasure or alteration, the CITES Management Authority of Vietnam shall consult the issuing CITES export or re-export permit authority regarding the relevant information on the export or re-export permit;
In cases of importing live animals for the first time into Vietnam, the CITES Management Authority of Vietnam shall consult the CITES Scientific Authority of Vietnam about the impact of the import on the environment in Vietnam;
The processing time for applications requiring consultation shall not exceed fifteen working days from the date of receipt of a valid application;
đ) Within one working day from the date of issuing the CITES permit, the CITES Management Authority of Vietnam shall return the permit to the organizations and individuals who applied for it.
4. Consultation procedures:
a) In cases of consulting with the relevant authorities of the exporting or re-exporting country: Within three working days from the date of receiving a valid application, the CITES Management Authority of Vietnam shall send the consultation via email;
Within three working days from the date of receiving the consultation results from the issuing CITES export or re-export permit authority, the CITES Management Authority of Vietnam shall issue the permit to organizations or individuals or refuse it, stating the reasons in writing;
If more than nine working days have passed since the consultation and the CITES Management Authority of Vietnam has not received the consultation results from the issuing CITES export or re-export permit authority, the CITES Management Authority of Vietnam shall notify the organization or individual in writing and return the application;
b) In cases of consulting with the CITES Scientific Authority of Vietnam: Within three working days from the date of receiving a valid application, the CITES Management Authority of Vietnam shall send a consultation document to the CITES Scientific Authority of Vietnam;
Within nine working days from the date of receiving the document from the CITES Management Authority of Vietnam, the CITES Scientific Authority shall respond in writing;
Within three working days from the date of receiving the consultation results from the CITES Scientific Authority of Vietnam, the CITES Management Authority of Vietnam shall issue the permit to organizations or individuals or refuse it, stating the reasons in writing;
5. In cases of importing personal or household items belonging to individuals or households as stipulated in Clause 20, Article 3, in quantities of five or more specimens of different types, organizations or individuals shall follow the procedures and formalities prescribed in this Article.
Article 31. Procedure and Formalities for Issuing CITES Import Permits from Sea for Specimens of Wild Fauna and Flora Species Listed in Appendices I and II of the CITES Convention
1. The CITES Management Authority of Vietnam shall issue CITES import permits from sea.
2. Contents of the application documents:
a) The original application for importing specimens from sea according to Form No. 32 attached as Appendix II of this Circular;
b) A copy of the Certificate of Establishment Meeting Conditions for Raising and Cultivating Aquatic Species.
3. Procedure and formalities:
a) Organizations and individuals shall directly submit or through postal services or electronic environment one set of documents as stipulated in Clause 2 of this Article to the CITES Management Authority of Vietnam. In cases of submitting documents via the electronic environment, follow the Government's regulations on administrative procedures in the electronic environment.
b) The CITES Management Authority of Vietnam shall check the documents and immediately respond to the validity of the documents for direct submissions, within one working day from the date of receipt for submissions through postal services or electronic environment; in cases where the documents are incomplete, notify the organizations and individuals in writing and specify the reasons.
c) Within five working days from the date of receiving a complete application, the CITES Management Authority of Vietnam shall be responsible for issuing the permit.
In cases involving live animals, the CITES Management Authority of Vietnam shall consult with the CITES Scientific Authority of Vietnam and the central fisheries management agency regarding the impact on imported live animals, animals in Vietnam, and the surrounding environment; the processing time for applications requiring consultation shall not exceed ten working days from the date of receiving a complete application.
d) Within one working day from the date of issuing the CITES permit, the CITES Management Authority of Vietnam shall return the permit to the organization or individual who made the application.
4. Consultation procedures:
Within two working days from the date of receiving a complete application, the CITES Management Authority of Vietnam shall send a request for consultation to the CITES Scientific Authority of Vietnam and the central fisheries management agency.
Within five working days from the date of receiving the document from the CITES Management Authority of Vietnam, the CITES Scientific Authority of Vietnam and the central fisheries management agency shall provide a written response.
Within one working day from the date of receiving the consultation results from the CITES Scientific Authority of Vietnam and the central fisheries management agency, the CITES Management Authority of Vietnam shall issue the permit to the organization or individual or refuse to issue it, stating the reasons in writing.
Article 32. Issuance of Replacement CITES Permits
1. The CITES Management Authority of Vietnam shall issue replacement CITES permits in cases where the previously issued CITES permit has been damaged or contains errors.
2. Contents of the application documents:
a) The original application for issuing a CITES permit and the original previously issued CITES permit for cases where the paper version of the CITES permit has been damaged or contains errors;
b) The original application for issuing a CITES permit and a copy of the previously issued CITES permit for cases where the electronic version of the CITES permit contains errors.
3. Procedure and formalities:
a) Organizations and individuals shall directly submit or through postal services or electronic environment one set of documents as stipulated in Clause 2 of this Article to the CITES Management Authority of Vietnam. In cases of submitting documents via the electronic environment, follow the Government's regulations on administrative procedures in the electronic environment.
b) The CITES Management Authority of Vietnam shall check the documents and immediately respond to the validity of the documents for direct submissions, within one working day from the date of receipt for submissions through postal services or electronic environment; in cases where the documents are incomplete, notify the organizations and individuals in writing and specify the reasons.
c) Within two working days from the date of receiving a complete application, the CITES Management Authority of Vietnam shall issue the replacement CITES permit.
d) Within one working day from the date of issuing the CITES permit, the CITES Management Authority of Vietnam shall return the permit to the organization or individual who made the application.
Article 33. Revocation of CITES Permits
1. The CITES Management Authority of Vietnam shall revoke CITES permits in the following cases:
a) The CITES permit was issued in violation of regulations;
b) The CITES permit has been erased or altered.
2. The CITES Management Authority of Vietnam shall issue a Decision to Revoke the CITES Permit according to Form No. 33 attached as Appendix II of this Circular.
Article 34. Enforcement Authorities of CITES
The Forest Protection Department and the Inspection Department are the CITES Management Authority of Vietnam, advising the Minister of Agriculture and Rural Development to fulfill the rights and obligations of a member of the CITES Convention.
Article 35. CITES Scientific Authority of Vietnam
1. The Ministry of Agriculture and Rural Development shall decide on the criteria and procedures for designating the CITES Scientific Authority to perform the following tasks:
a) Providing advice and being legally responsible for consulting on: Assessing the current status of populations, distribution areas, levels of endangerment, rarity, and extinction risk of wild fauna and flora species; consulting on the issuance of CITES permits, export certificates, import certificates, re-export certificates, and import permits from sea for specimens of wild fauna and flora species listed in the CITES Appendices; rescue and care for live specimens; determining suitable habitats and distribution areas for releasing endangered, rare, and CITES-listed wild fauna; consulting on breeding, growing, and artificial cultivation of endangered, rare wild flora and fauna species and CITES-listed species; reviewing projects on breeding, growing, and artificial cultivation of wild flora and fauna species; establishing biodiversity conservation facilities; breeding and cultivating at biodiversity conservation facilities; confirming that harvesting of protected endangered, rare species does not affect their survival and development in nature; conservation relocation plans;
b) Participating in compiling lists of endangered, rare species and lists of common wild fauna species;
c) Performing judicial appraisal tasks related to wild fauna and flora when requested according to the laws on judicial appraisal and relevant laws.
2. The CITES Scientific Authority of Vietnam shall report to the Ministry of Agriculture and Rural Development annually before December 15 of each reporting year or at any time about the results of performing the tasks stipulated in Clause 1 of this Article.
Article 36. Principles for Handling Seized Specimens of Species Listed in the Appendices of the CITES Convention
1. Domestic-origin seized specimens shall be handled in accordance with the law on management and use of public assets.
2. Seized specimens originating from imports shall be returned to the country of exploitation or the exporting country according to the following procedures:
The responsible agency shall develop a plan for handling state assets in accordance with the laws on management and use of state assets and send a document to the CITES Management Authority of Vietnam requesting the return of imported specimens. Within five working days from the date of receipt of the request document, the CITES Management Authority of Vietnam shall send a document requesting the return of the specimens to the CITES Management Authority of the country of exploitation or the exporting country regarding the violated specimens. If within thirty days from the date the CITES Management Authority of Vietnam sends the document, the CITES Management Authority of the country of exploitation or the exporting country refuses to accept, does not respond, or fails to fulfill the obligation to pay costs as stipulated by CITES, the specimens shall be handled in accordance with Clause 1 of this Article.
Chapter IV
IMPLEMENTATION
Article 37. Responsibilities for Implementation
1. The Forest Management and Forest Protection Department shall be responsible for:
a) Implementing the contents related to the management, protection, conservation of endangered, precious, rare forest plant and animal species, and enforcing the Convention on International Trade in Endangered Wild Fauna and Flora (CITES) as specified in this Circular;
b) Guiding, inspecting, and supervising activities related to the management, exploitation, breeding, cultivation, processing, trading, transportation, storage, advertising, display, export, import, re-export, transshipment, entry from sea, breeding, growth, artificial planting of specimens of endangered, precious, rare species and species listed in the appendices of the CITES Convention, and ordinary forest animals in accordance with this Circular and relevant laws;
c) Advising the Ministry of Agriculture and Rural Development to publish information about endangered, precious, rare species in accordance with the law; translating and publicly posting on the Ministry of Agriculture and Rural Development's electronic portal the notifications of the CITES Secretariat regarding the suspension or cessation of trade in specimens of any species from one or several CITES member countries;
d) Advising the Ministry of Agriculture and Rural Development to publish the list of species listed in the appendices of the CITES Convention after being approved by the Conference of the Parties to the CITES Convention;
đ) Inspecting and handling violations within its authority concerning activities such as exploitation, captivity, killing, processing, trading, export, import, re-export, transshipment, entry from sea, breeding, growth, artificial planting of specimens of endangered, precious, rare species and species listed in the appendices of the CITES Convention, and ordinary forest animals in accordance with this Circular and relevant laws;
e) Cooperating with the Biodiversity Conservation Department to advise the Ministry of Agriculture and Rural Development to issue and amend the list of endangered, precious, rare species;
2. The Biodiversity Conservation and Diversity Management Department shall be responsible for:
a) Organizing the implementation of the contents related to the management and conservation of endangered, precious, rare species prioritized for protection as specified in this Circular;
b) Taking the lead and coordinating with relevant units to develop conservation programs for wild fauna and flora species listed in the priority protected endangered, precious, rare species list and submitting them to the Minister of Agriculture and Rural Development for issuance and implementation according to the division of labor by the Minister; directing and guiding the conservation of endangered, precious, rare species in nature reserves, habitats, and migration areas outside nature reserves, and at biodiversity conservation facilities;
c) Guiding, inspecting, and supervising activities related to the management of biodiversity conservation facilities, exchange, donation, release back into natural habitats, transfer of conservation sites, exploitation, breeding, conservation, export, import of endangered, precious, rare species; inspecting activities related to processing and trading for commercial purposes of priority protected endangered, precious, rare species; directing the organization of surveys, monitoring, and assessment of the status of endangered, precious, rare species nationwide and managing information and databases on endangered, precious, rare species uniformly;
d) Cooperating with the Forestry Department and Forest Protection Service to advise the Ministry of Agriculture and Rural Development to issue and amend the list of endangered, precious, rare species;
3. The Planning and Finance Department ensures annual funding for subordinate agencies under the Ministry of Agriculture and Rural Development to implement this Circular in accordance with the law;
4. Other units under the Ministry, according to their functions and tasks, shall be responsible for implementing the provisions of this Circular;
5. Customs authorities:
a) Checking and verifying compliance with the regulations set forth in this Circular regarding the management of exported, re-exported, and imported specimens; confirming in boxes number 14 and 15 on the original CITES permit for copies printed by customs authorities from the electronic system or for the original electronic CITES permit;
b) Coordinating with relevant agencies to inspect and handle violations in the management field as stipulated in this Circular;
c) Cooperating with the CITES Management Authority of Vietnam in implementing the CITES Convention; exchanging information on cases of temporary detention, arrest, and violation handling related to the export, import, re-export, transshipment, and entry from sea of specimens of endangered, precious, rare species and species listed in the appendices of the CITES Convention;
d) Annually reporting and providing statistical data on specimens of species listed in the appendices of the CITES Convention according to Model Form 34 Appendix II issued together with this Circular to the Ministry of Agriculture and Rural Development before December 15th of each year;
6. Relevant state management agencies according to their functions and tasks shall be responsible for:
a) Inspecting the implementation of regulations related to the management of biodiversity conservation facilities, exchange, donation, release back into natural habitats, transfer of conservation sites, processing, trading, transshipment, export, re-export, import, entry from sea, breeding, growth, artificial planting of specimens of endangered, precious, rare species and species listed in the appendices of the CITES Convention, and ordinary forest animals.
b) Cooperate with the CITES Management Authority of Vietnam in the implementation of the CITES Convention; exchange information on cases of temporary detention, arrest, handling of violations related to transiting, exporting, re-exporting, importing, and bringing into the country from abroad specimens of endangered, precious, and rare species and species of animals and plants listed in the Appendices of the CITES Convention as prescribed in this Circular;
c) Annually, before December 15 of each reporting year, provide information and statistical data on specimens of animals and plants listed in the Appendices of the CITES Convention according to Form No. 34 Appendix II issued together with this Circular to the Ministry of Agriculture and Rural Development.
7. Provincial People's Committees shall be responsible for:
a) Direct the organization of investigations, monitoring, and assessment of the status of endangered, precious, and rare species within the management area as stipulated in Article 7 of this Circular, and periodically provide information on the results of such investigations and assessments within the management area to the Ministry of Agriculture and Rural Development;
b) Direct the preparation and implementation of plans for the conservation of priority protected species within the management area, and restore habitats for priority protected species;
c) Inspect, supervise, and monitor the activities of breeding facilities, planting facilities, biodiversity conservation facilities, ensuring compliance with regulations on issuing facility codes for breeding and planting facilities, and issuing certificates for biodiversity conservation facilities, exploitation as prescribed in this Circular;
d) Annually reporting and providing statistical data on specimens of species listed in the appendices of the CITES Convention according to Model Form 34 Appendix II issued together with this Circular to the Ministry of Agriculture and Rural Development before December 15th of each year;
Chapter V
IMPLEMENTING PROVISIONS
Article 38. Transitional provisions
1. Breeding and planting facilities that have been assigned codes shall implement the registration of records in accordance with this Circular within ninety days from the date this Circular takes effect;
2. Organizations and individuals who have submitted applications for registration of breeding facilities, planting facilities, natural exploitation, issuance of certificates for biodiversity conservation facilities, CITES permits, release, and gift exchanges of specimens of endangered, precious, and rare priority protected species but have not yet been resolved by competent authorities shall comply with the provisions of this Circular;
3. Within three months from the date this Circular takes effect, the People's Committee at the provincial level shall direct specialized agencies to issue facility codes for planting facilities or certificates for biodiversity conservation facilities to organizations and individuals who have planted endangered, precious, and rare plants, and plants listed in the Appendices of the CITES Convention but have not yet been issued facility codes or certificates for biodiversity conservation facilities;
4. Within a maximum period of twenty-four months from the date this Circular takes effect, breeding facilities, rescue facilities for endangered, precious, and rare animals, and animals listed in the Appendices of the CITES Convention prior to the effective date of this Circular but have not yet been issued facility codes or certificates for biodiversity conservation facilities shall submit applications for facility codes or certificates for biodiversity conservation facilities according to the provisions of this Circular;
5. For breeding facilities and planting facilities that have been issued facility codes by the Competent Authority managing CITES Vietnam in violation of the conditions for breeding and planting as prescribed in this Circular, the authority issuing facility codes as prescribed in this Circular shall revoke the facility code of such facilities;
6. CITES permits and certificates issued by the Competent Authority managing CITES Vietnam prior to the effective date of this Circular shall continue to be valid until their expiration;
7. Specimens listed in the Appendices of the CITES Convention exploited from nature and announced by the CITES Secretariat with export quotas shall continue to be implemented until the expiration of the quota;
8. Investment and business activities involving specimens exploited from nature of species belonging to Group II of the List of Endangered and Precious Forest Animals and Plants issued together with this Circular, which also belong to Appendix III of the Investment Law, shall be carried out in accordance with investment laws;
9. The People's Committee at the provincial level shall direct the establishment and recognition of biodiversity conservation facilities according to the provisions of this Circular and approve projects to upgrade state-owned biodiversity conservation facilities within the conservation planning to meet the recognition criteria for biodiversity conservation facilities;
10. Biodiversity conservation facilities that have been issued certificates for biodiversity conservation facilities by the Provincial People's Committee do not need to go through the procedure for issuing facility codes for breeding and planting facilities. Organizations and individuals shall maintain records of animal breeding or plant planting for endangered, precious, and rare forest plants and wild plants listed in the CITES Appendices and submit them to the authority issuing facility codes for breeding and planting facilities as prescribed in this Circular;
11. Within twenty-four months from the date this Circular takes effect, biodiversity conservation facilities that have already been issued facility codes for breeding and planting facilities by competent authorities shall apply to the People's Committee at the provincial level for certificates for biodiversity conservation facilities according to the provisions of this Circular.
Article 39. Responsibilities and Effectiveness of Enforcement
1. This Circular takes effect from July 1, 2025.
2. During the implementation process, if there are any issues or obstacles, agencies, organizations, households, and individuals are requested to report to the Ministry of Agriculture and Rural Development for timely amendments and supplements./.
DEPUTY MINISTER
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