Circular No. 29/2019/TT-BNNPTNT provides for the handling of wild animals as evidence or objects of crime; wild animals voluntarily surrendered to the State by organizations and individuals.

CIRCULAR

Regulations on the handling of wild animals as evidence; wild animals voluntarily surrendered to the State by organizations and individuals submission The State

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Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Criminal Procedure Code dated November 27, 2015;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

Pursuant to Decree No. 29/2018/NĐ-CP dated March 5, 2018 of the Government stipulating procedures and formalities for establishing full ownership rights over assets and handling assets that have been established as fully owned;

Pursuant to Decree No. 06/2019/NĐ-CP dated January 22, 2019 of the Government on management of endangered, precious, and rare forest plants and animals and enforcement of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

At the proposal of the Director General of the Forest Administration;

The Minister of Agriculture and Rural Development issues this Circular stipulating the handling of wild animals as evidence; wild animals voluntarily surrendered to the State by organizations and individuals.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on:

1. Feeding and preserving wild animals as evidence during the period of temporary custody.

2. Feeding, preserving, receiving, and handling wild animals as evidence according to the plan for handling assets established as fully owned; evidence according to the decision on handling evidence.

3. Receiving, feeding, preserving, and handling wild animals voluntarily surrendered to the State by organizations and individuals.

4. This Circular does not apply to cases where parts (specimens) of wild animals are transferred to the National Reserve Agency pursuant to the Prime Minister's decision.

Article 2. Applicability

Agencies, organizations, individuals, and domestic communities; foreign organizations and individuals involved in activities related to the contents stipulated in Clauses 1, 2, and 3 of Article 1 of this Circular.

Article 3. Explanation of Terms

1. Wild animals referred to in this Circular include: Individual living or dead wild animals, body parts or products of wild animals listed in the Catalogue of Endangered, Precious, and Rare Species issued by the Government, Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and common species of wild animals.

2. Body parts of wild animals are parts of the animal's body that, if separated, would result in injury or death to the animal.

3. Products of wild animals are types of products derived from wild animals (for example: meat, eggs, milk, semen, embryos, blood, bile, organs, skin, hair, bones, horns, tusks, feet, nails...); items made from processed parts of wild animals (for example: bone gelatin from wild animals, bags, wallets, belts made from wild animal skin...).

Wildlife rescue facility refers to an organization or unit with the function and responsibility of rescuing wild animals, established and operating in accordance with the law.

Voluntary surrender of wild animals to the State means the act of organizations and individuals voluntarily surrendering wild animals to the State and not being subject to legal penalties.

Local Forest Protection Authority includes: County-level Forest Protection Authority, provincial-level Forest Protection Authority in areas without county-level Forest Protection Authority.

Chapter II

FEEDING, PRESERVATION, AND RECEIVING WILD ANIMALS

Section 1

FEEDING, PRESERVATION, AND RECEIVING WILD ANIMALS AS EVIDENCE

Article 4. Feeding and preserving wild animals as evidence during the period of temporary custody

1. The agency temporarily holding wild animals as administrative violations; the agency temporarily holding wild animals as evidence in criminal cases shall be responsible for feeding live wild animals; preserving dead wild animals, body parts, and products of wild animals. Feeding and preservation measures must be appropriate to the characteristics of each species of wild animal, ensuring hygiene and safety for both people and wild animals.

2. In cases where the agency temporarily holding the animals does not have conditions for feeding and preserving wild animals, it shall transfer the wild animals to a facility with such conditions until the competent authority makes a decision on handling. The transfer of wild animals must be recorded in a protocol according to Model No. 01 attached to this Circular.

3. The costs of feeding and preserving wild animals as evidence during the period of temporary custody shall be implemented in accordance with the laws on administrative violation handling and criminal procedure.

Article 5. Acceptance of wild animals as administrative violation evidence transferred according to the asset disposal plan establishing the ownership of the entire people

1. The receiving agency or unit:

a) The local Forest Protection Agency shall accept wild animals of endangered, precious, and rare species transferred according to the asset disposal plan establishing the ownership of the entire people that has been approved by agencies or persons with authority at the district or commune level deciding to confiscate such animals seized within their jurisdiction;

b) The provincial Forest Protection Agency shall accept wild animals of endangered, precious, and rare species transferred according to the asset disposal plan establishing the ownership of the entire people that has been approved by agencies or persons with authority at the provincial or central level deciding to confiscate such animals seized within their jurisdiction;

c) Wildlife rescue facilities, zoos, scientific research institutions, environmental education facilities, specialized museums, and special-purpose forest management boards with wildlife rescue facilities shall accept wild animals transferred according to the asset disposal plan establishing the ownership of the entire people.

2. Documents accompanying the transfer of wild animals:

a) The original asset disposal plan establishing the ownership of the entire people that has been approved in accordance with the laws on the management and use of state assets;

b) The original record in Form No. 03-BBCG issued together with Decree No. 29/2018/NĐ-CP dated March 5, 2018 of the Government stipulating the procedures for establishing the ownership of the entire people over assets and handling assets established as the ownership of the entire people (hereinafter referred to as Decree No. 29/2018/NĐ-CP). Supplement information about the scientific name, group of endangered, precious, rare, or common species into the column "name of asset"; about weight and gender of wild animals into the column "quality status".

3. Responsibilities of the receiving agency or unit: Implement the handling of wild animals after acceptance according to the asset disposal plan establishing the ownership of the entire people as prescribed in Chapter III of this Circular.

Article 6. Acceptance of wild animals as criminal case evidence transferred according to the decision on handling evidence

1. The receiving agency or unit: Wildlife rescue facilities, zoos, scientific research institutions, environmental education facilities, specialized museums, and special-purpose forest management boards with wildlife rescue facilities.

2. Documents accompanying the transfer of wild animals:

a) In cases where the decision on handling evidence records the confiscation of wild animals, the documents include: The original decision on handling evidence; the original asset disposal plan establishing the ownership of the entire people that has been approved in accordance with the laws on the management and use of state assets; the original record in Form No. 03-BBCG issued together with Decree No. 29/2018/NĐ-CP. Supplement information about the scientific name, group of endangered, precious, rare, or common species into the column "name of asset"; about weight and gender of wild animals into the column "quality status";

b) In cases where the decision on handling evidence does not record the confiscation of wild animals, the documents include: The original decision on handling evidence; the original record of handover of wild animals in Form No. 01 issued together with this Circular.

3. Responsibilities of the receiving agency or unit:

a) Handle wild animals after acceptance according to the asset disposal plan establishing the ownership of the entire people as prescribed in Chapter III of this Circular for the case specified in point a, Clause 2 of this Article;

b) Handle wild animals after acceptance according to the form recorded in the decision on handling evidence and the procedure for implementation as prescribed in Articles 11, 12, 13, 14, and 15 of this Circular for the case where the decision on handling evidence specifically records the form of handling evidence;

c) Carry out the breeding and preservation of wild animals as prescribed in Article 4 of this Circular for the case specified in point b, Clause 2 of this Article, except for the case specified in point b of this clause.

Section 2

ACCEPTANCE, BREEDING, AND PRESERVATION OF WILD ANIMALS DONATED VOLUNTARILY TO THE STATE BY ORGANIZATIONS AND INDIVIDUALS

Article 7. Receiving agencies and units

1. National parks under the Forest Protection General Department.

2. Wildlife rescue centers managed by the State, zoos managed by the State, and special-use forest management boards not directly under the Forest Protection General Department that have wildlife rescue centers.

3. Forest Protection agencies at the district level and provincial Forest Protection agencies.

Article 8. Care and preservation of voluntarily surrendered wild animals

1. The receiving agency or unit shall be responsible for caring for and preserving voluntarily surrendered wild animals during the time required to complete procedures for establishing full public ownership rights, drafting and approving plans for handling assets which are voluntarily surrendered wild animals.

2. In cases where the receiving Forest Protection agency does not have conditions for caring for and preserving the animals, it must transfer them to a facility with such conditions. The transfer must be documented in a record of handover of wild animals according to Form No. 01 issued together with this Circular.

Article 9. Responsibilities of receiving agencies and units

1. The receiving agency or unit shall document the handover of wild animals according to Form No. 01 issued together with this Circular.

2. In cases where the national park specified in Clause 1 of Article 7 of this Circular receives voluntarily surrendered wild animals from the State: The receiving unit shall carry out procedures for establishing full public ownership rights, draft and submit to the Director of the Forest Protection General Department for approval plans for handling assets which are voluntarily surrendered wild animals from the State, in accordance with laws on the management and use of public assets.

3. In cases where the Forest Protection agency at the district level or the agency or unit specified in Clause 2 of Article 7 of this Circular receives voluntarily surrendered wild animals from the State belonging to the list of endangered, precious, and rare species: Immediately upon receipt, they must notify in writing, along with the handover record, the provincial Forest Protection agency to carry out procedures for establishing full public ownership rights, draft and approve plans for handling assets which are voluntarily surrendered wild animals from the State, in accordance with laws on the management and use of public assets.

4. In cases where the agency or unit specified in Clauses 2 and 3 of Article 7 of this Circular receives voluntarily surrendered wild animals from the State belonging to common species: The receiving agency or unit shall carry out procedures for establishing full public ownership rights, draft and approve plans for handling assets which are voluntarily surrendered wild animals from the State, in accordance with laws on the management and use of public assets.

5. Handling of wild animals after receipt shall be carried out according to the asset disposal plan established with full public ownership rights as stipulated in Chapter III of this Circular.

Chapter III

HANDLING OF WILD ANIMALS AFTER RECEIPT AND AFTER IMPLEMENTATION OF THE ASSET DISPOSAL PLAN ESTABLISHED WITH FULL PUBLIC OWNERSHIP RIGHTS

Article 10. Forms of handling wild animals

1. Forms of handling wild animals:

a) Releasing wild animals back into their natural environment;

b) Rescuing wild animals;

c) Transferring wild animals to zoos, scientific research centers, environmental education and training facilities, specialized museums;

d) Selling wild animals;

đ) Destroying wild animals.

2. The forms of handling wild animals shall be implemented in priority order from point a to point đ of Clause 1 of this Article; if the previous form cannot be applied, the next form shall be used.

Article 11. Releasing Wild Animals Back into the Natural Environment

1. Object: Live and healthy wild animal individuals.

Military service personnel falling under the categories specified in Article 1 of this Circular may extend their age for active service if they meet all of the following conditions:

a) The natural habitat of the species can be identified.

b) There must be confirmation from specialized veterinary management agencies or state-managed wildlife rescue facilities regarding the health of the wild animals at the health condition confirmation record according to Model No. 02 issued together with this Circular.

c) For wild animals that pose a risk of danger to humans, protective measures must be ensured for safety after release.

d) In cases where the releasing agency or unit is not the forest owner of the intended release location, there must be a commitment agreement from the forest owner of the intended release location according to Model No. 03 issued together with this Circular.

3. Procedures for implementation:

a) The head of the agency or unit authorized to handle wild animals issues a decision to release wild animals back into the natural environment.

b) Participants in releasing wild animals back into the natural environment include the main releasing agency or unit, local forestry inspection agency, and forest owner (if applicable under point d, Clause 2 of this Article). The main releasing agency or unit may invite witnesses, competent authorities for criminal proceedings if the wild animals are evidence, local government, media, and other relevant parties to participate.

c) The main releasing agency or unit prepares a record of releasing wild animals back into the natural environment according to Model No. 04 issued together with this Circular.

Article 12. Rescuing Wild Animals

1. Object: Injured or weak wild animal individuals requiring rescue.

Military service personnel falling under the categories specified in Article 1 of this Circular may extend their age for active service if they meet all of the following conditions:

a) There must be confirmation from specialized veterinary management agencies or state-managed wildlife rescue facilities regarding the need to rescue injured or weak wild animals at the health condition confirmation record according to Model No. 02 issued together with this Circular.

b) The rescue facility must have conditions ensuring rescue work suitable for the species of wild animals requiring rescue.

3. Procedures for implementation:

a) The head of the agency or unit authorized to handle wild animals issues a decision to rescue wild animals.

b) In cases where wild animals need to be transferred to a rescue facility for organized rescue: The agency or person authorized to decide on rescuing wild animals prepares a record of transferring wild animals for rescue according to Model No. 01 issued together with this Circular.

4. Handling wild animals after rescue:

a) If wild animals after rescue meet the conditions for release back into the natural environment, the rescue facility organizes the release of wild animals back into the natural environment according to the provisions of Article 11 of this Circular.

b) If wild animals after rescue do not meet the conditions for release back into the natural environment, the rescue facility handles them through one of the subsequent forms prescribed in Article 10 of this Circular.

Article 13. Transferring Wild Animals to Zoos, Research Facilities, Environmental Education and Training Institutions, and Specialized Museums

1. Object: Wild animals belonging to the List of Critically Endangered, Precious, and Rare Species Groups IB and IIB and not subject to destruction as prescribed by law.

Military service personnel falling under the categories specified in Article 1 of this Circular may extend their age for active service if they meet all of the following conditions:

a) The receiving facility has one of the following functions or tasks: Scientific research, training, environmental education, conservation, and display for educational conservation purposes as prescribed by law.

b) The receiving facility has conditions ensuring the care and preservation of wild animals.

c) There must be confirmation from specialized veterinary management agencies or state-managed wildlife rescue facilities regarding the fact that the wild animals do not fall into the category requiring destruction at the health condition confirmation record according to Model No. 02 issued together with this Circular.

3. Procedures for implementation:

a) The head of the agency or unit authorized to handle wild animals issues a decision to transfer wild animals to scientific research facilities, training, environmental education institutions, and specialized museums.

b) The agency or person authorized to transfer wild animals prepares a record of transferring wild animals according to Model No. 01 issued together with this Circular.

Article 14. Sale of wild animals to organizations and individuals in accordance with the provisions of the law

1. Object: Wild animals that are evidence items, allowed for commercial use and cannot be handled according to the forms prescribed in Articles 11, 12, and 13 of this Circular.

2. Conditions: There must be confirmation from the specialized veterinary management agency or the wildlife rescue facility managed by the State regarding the fact that the wild animals are not in the category that must be destroyed as recorded in the health condition confirmation report of wild animals according to Model No. 02 issued together with this Circular.

3. The head of the agency or unit authorized to handle wild animals shall issue a decision on selling wild animals in accordance with the provisions of the law on the management and use of public assets.

Article 15. Destruction of wild animals

1. Object: Wild animals carrying diseases or wild animals that cannot be handled through the forms prescribed in Articles 11, 12, 13, and 14 of this Circular, or wild animals that must be destroyed according to the provisions of the law.

2. Form of destruction: Depending on the nature and characteristics of the wild animals to be destroyed, the authorized person decides on one of the following methods of destroying wild animals: mechanical measures, burning, burying, using chemicals, or other methods prescribed by law to ensure that the wild animals no longer exist or have no value and do not affect the environment.

3. Procedures for implementation:

a) The head of the agency or unit authorized to handle wild animals issues a decision to destroy wild animals;

b) Participants in the destruction: The agency or unit responsible for the destruction of wild animals, the local Forest Protection Agency. The responsible agency may invite witnesses, competent authorities conducting litigation procedures if the wild animals are evidence, local authorities, media agencies, and related parties to participate;

c) The agency or unit responsible for the destruction of wild animals prepares a record of the destruction of wild animals according to Model No. 05 issued together with this Circular.

Chapter IV

ORGANIZATION AND IMPLEMENTATION

Article 16. Retention of files and reporting results of receiving and handling wild animals

1. Agencies and units receiving and handling wild animals are responsible for retaining files on the reception and handling of wild animals.

2. Agencies and units receiving and handling wild animals as stipulated in point c Clause 1 Article 5; Clause 1 Article 6; Clause 1, Clause 2 Article 7 of this Circular are responsible for periodically reporting the results of receiving and handling wild animals to the local Forest Protection Agency every six months and annually.

3. The Forest Protection Department at the district level compiles and periodically reports the results of receiving and handling wild animals in their area to the Forest Protection Department at the provincial level; the Forest Protection Department at the provincial level periodically reports the results of receiving and handling wild animals in their area to the General Department of Forest Protection in accordance with the regulations.

4. Reporting the results of receiving and handling wild animals is carried out according to Model No. 06 issued together with this Circular.

Article 17. Responsibility for Implementation

1. The General Department of Forestry implements and supervises the implementation of this Circular throughout the country.

2. The Department of Agriculture and Rural Development implements this Circular within its province.

Article 18. Effective Date

1. This Circular takes effect from February 20, 2020.

2. Circular No. 90/2008/TT-BNN dated August 28, 2008, of the Ministry of Agriculture and Rural Development guiding the handling of evidence items which are wild animals after confiscation becomes invalid from the date this Circular takes effect.

3. During the implementation of this Circular, if there are difficulties, relevant ministries, sectors, localities, organizations, and individuals should promptly reflect them to the Ministry of Agriculture and Rural Development for consideration and resolution./.