Circular No. 47/2012/TT-BNNPTNT on management of exploitation from nature and breeding of common wild animals

CIRCULAR

Provisions on management of natural exploitation and breeding of common wild animals

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Pursuant to the Law on Protection and Development of Forests No. 29/2004/QH11 dated December 3, 2004;

Pursuant to Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on the implementation of the Forest Protection and Development Law;

Pursuant to the Government Decree No. 01/2008/NĐ-CP dated January 3, 2008 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; the Government Decree No. 75/2009/NĐ-CP dated September 10, 2009 amending Article 3 of the Government Decree No. 01/2008/NĐ-CP dated January 3, 2008;

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

The Minister of Agriculture and Rural Development issues this Circular on management of natural exploitation and breeding of common wild animals.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. Scope of regulation: This Circular stipulates conditions, procedures, and formalities for natural exploitation and breeding of common wild animals listed in the accompanying Catalogue of Common Wild Animals within the territory of the Socialist Republic of Vietnam.

Activities of exploiting common wild animals in special-use forests must comply with regulations on organizing the management system of special-use forests.

This Circular does not regulate sports and entertainment hunting areas established and operated according to the provisions of the law; rescue and conservation of common wild animals.

In case international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those of this Circular, the provisions of such international treaties shall apply.

2. Applicability: This Circular applies to agencies, organizations, individuals, and households within the country; foreign organizations and individuals involved in natural exploitation and breeding of species of common wild animals specified in this Circular.

Article 2. Interpretation of Terms

1. Breeding facility for common wild animals (hereinafter referred to as breeding facility) is a place equipped with cages, enclosures, pens, tanks, or other facilities ensuring activities for breeding and growing common wild animals in a controlled environment.

2. Commercial breeding facility for common wild animals (hereinafter referred to as commercial breeding facility) is a centralized breeding facility for common wild animals owned by an organization having legal personality as prescribed by law.

3. Specimen of common wild animals (hereinafter referred to as specimen) includes: living or dead common wild animals, eggs, larvae, parts, derivatives easily identifiable as originating from common wild animals.

4. Natural exploitation of common wild animals (hereinafter referred to as exploitation) includes: activities of hunting, capturing, trapping, shooting, and other activities to remove living individuals, eggs, and larvae of common wild animals from their natural habitats.

5. For commercial purposes refers to activities of exploiting, breeding, trading, providing services, or promoting trade in specimens of common wild animals aimed at profit.

6. Not for commercial purposes refers to cases of exploiting, breeding, trading, or providing services in specimens of common wild animals without aiming for profit, including: diplomatic service, scientific research, exchange between zoos, non-profit exhibitions, non-profit circus performances; exchange of specimens among CITES Management Authorities of member countries.

7. Local Forest Protection Agency is one of the following agencies: District Forest Protection Station, City District Forest Protection Station, County Forest Protection Station, Provincial City Forest Protection Station; Special-Use Forest Protection Station; Protective Forest Protection Station; Provincial Forest Protection Service in central cities where there is no District Forest Protection Station managing the area of exploitation or breeding of common wild animals.

Chapter II

MANAGEMENT OF NATURAL EXPLOITATION OF COMMON WILD ANIMALS

ORDINARILY

Article 3. Conditions for exploitation

Organizations and individuals exploiting species listed in the List of Common Wildlife Animals issued together with this Circular must ensure the following conditions:

1. Possess an exploitation permit issued by the competent authority in accordance with Articles 4 and 5 of this Circular;

2. Use tools and means to ensure safety during exploitation, without causing damage to habitats and the environment;

3. Obtain the consent of the forest owner for organizations and individuals who are not simultaneously the forest owners;

4. Not exploit for commercial purposes within National Parks and Nature Reserves.

Article 4. Issuance of Exploitation Permits for Common Wildlife Animals for Commercial Purposes

1. The application dossier for issuance of an exploitation permit includes:

a) An original application for an exploitation permit clearly stating the following contents: name, address, business license number or identity card number of the organization or individual applying; species name, quantity, location, time; purpose and method of exploitation according to Form No. 01 issued together with this Circular;

b) An original description of the exploitation plan clearly stating the following contents: name, address, business license number or identity card number of the organization or individual applying; description of the current status of the exploitation area; exploitation time; species name, quantity to be exploited; means, tools, methods, list of persons implementing the exploitation according to Form No. 02 issued together with this Circular;

c) An original report on the assessment of the population of common wildlife animals proposed for exploitation from nature clearly stating the following contents: introduction of the consulting unit; overview of the area, methods, time, results; exploitation plan; conclusions and recommendations according to Form No. 03 issued together with this Circular.

The population assessment report shall be prepared by an organization prescribed by law with the function of surveying, assessing, and researching forestry and biology.

d) A certified copy of the business registration certificate for organizations or identity card number for individuals applying for the permit;

đ) An original approval of the forest owner's exploitation plan or cooperation contract with the forest owner for organizations and individuals applying for the permit who are not simultaneously the forest owners.

2. Authority issuing exploitation permits:

a) Provincial Department of Agriculture and Rural Development issues exploitation permits for common wildlife animals within the forest areas managed by local forest owners.

b) Forest Protection General Department issues exploitation permits for common wildlife animals within the forest areas managed by central-level forest owners.

3. Content and validity period of the exploitation permit

a) The exploitation permit must clearly state the following contents: name, address, business license number or identity card number of the organization or individual granted; species name, quantity, location, time, means, tools, method, list of persons implementing the exploitation; purpose of exploitation; validity period of the permit according to Form No. 04 issued together with this Circular.

b) The validity period of the exploitation permit must be consistent with the exploitation plan, but shall not exceed thirty days at most.

4. Procedure, submission of application dossier, review, issuance of exploitation permits, and delivery of results

a) Method of submitting the application dossier: organizations and individuals submit directly or through postal service one set of the application dossier in accordance with Clause 1 of this Article to the local Forest Protection Service.

b) Receiving the application dossier: the local Forest Protection Service must examine and confirm the information in the dossier in writing within five working days from the date of receipt of the dossier.

The local Forest Protection Service sends the dossier and confirmation letter to the provincial Forest Protection Branch for cases requesting exploitation permits for common wildlife animals within the forest areas managed by local forest owners, or sends it to the Natural Conservation Department, Forest Protection General Department for cases requesting exploitation permits for common wildlife animals within the forest areas managed by central-level forest owners.

In case the dossier is not valid, the local Forest Protection Service must notify the organization or individual submitting the dossier in writing within three working days from the date of receipt of the dossier.

c) Review of the dossier and issuance of exploitation permits

Within ten working days from the date of receipt of the dossier transferred by the local Forest Protection Service, the provincial Forest Protection Branch or the Natural Conservation Department, Forest Protection General Department must establish a Review Board and organize the review of the dossier. The Review Board is decided by the provincial Forest Protection Branch or the Natural Conservation Department, Forest Protection General Department and consists of representatives of the forest owner; forestry management, environmental protection, veterinary authorities; the head of the Review Board is the Chairman.

The Review Board is responsible for examining and evaluating the exploitation plan, population assessment report; drafting the review minutes; reporting to the authority issuing the exploitation permit.

Within three working days from the date of receipt of the dossier and the report from the provincial Forest Protection Branch or the Natural Conservation Department, the provincial Department of Agriculture and Rural Development or the Forest Protection General Department issues the exploitation permit or notifies in writing the reasons for not issuing the exploitation permit.

d) Method of delivering results: within two working days from the date of signing the exploitation permit or the notification letter for not issuing the exploitation permit, the issuing authority sends the result to the local Forest Protection Service that received the dossier. After receiving the result, the local Forest Protection Service immediately delivers it to the organization or individual who applied.

5. Revocation of exploitation permits: the authority issuing the exploitation permit revokes the exploitation permit in case the organization or individual granted the permit violates the provisions of this Circular and current laws.

Article 5. Issuing permits for the exploitation of common wild animals not for commercial purposes

1. The application dossier for issuance of an exploitation permit includes:

a) The original application for a permit to exploit must clearly state the following contents: name, address, business license number or establishment decision of the organization applying; species name, quantity, location, time; purpose, method of exploitation according to Model No. 01 issued together with this Circular;

b) The original description of the exploitation plan must clearly state the following contents: name, address, business license number or establishment decision of the organization applying; current status of the exploitation area; exploitation time; species name, quantity exploited; means, tools, methods, list of persons carrying out the exploitation according to Model No. 02 issued together with this Circular;

c) Certified copy of the signed document on the cooperation program for scientific research or decision to implement research topics, projects, scientific research programs for scientific specimens; or a document agreeing to the Ministry of Agriculture and Rural Development for exploitation serving diplomacy, exchange between zoos, non-profit exhibitions, non-profit circus performances, specimen exchange with CITES management agencies of member countries;

d) Certified copy of the business registration certificate or establishment decision of the organization applying for the permit.

2. Authority issuing exploitation permits:

a) Provincial Department of Agriculture and Rural Development issues exploitation permits for common wildlife animals within the forest areas managed by local forest owners.

b) Forest Protection General Department issues exploitation permits for common wildlife animals within the forest areas managed by central-level forest owners.

3. Content and validity period of the exploitation permit

a) The exploitation permit must clearly state the following contents: name, address, business license number or establishment decision of the organization granted; species name, quantity, location, time, means, tools, method, list of persons carrying out the exploitation; purpose of exploitation; validity period of the permit according to Model No. 04 issued together with this Circular.

b) The validity period of the exploitation permit must be consistent with the exploitation plan, but shall not exceed 30 (thirty) days at most.

4. Procedure and process for submitting applications, issuing exploitation permits, and delivering results

a) Method of submitting applications: organizations submit directly or through postal service one set of application documents as stipulated in Clause 1 of this Article to the local Forest Protection Agency.

b) Receiving the application dossier: the local Forest Protection Service must examine and confirm the information in the dossier in writing within five working days from the date of receipt of the dossier.

The local Forest Protection Service sends the dossier and confirmation letter to the provincial Forest Protection Branch for cases requesting exploitation permits for common wildlife animals within the forest areas managed by local forest owners, or sends it to the Natural Conservation Department, Forest Protection General Department for cases requesting exploitation permits for common wildlife animals within the forest areas managed by central-level forest owners.

In case the application documents are not valid, within 03 (three) working days from the date of receipt of the documents, the local Forest Protection Agency must notify the organization or individual submitting the documents in writing.

c) Issuing exploitation permits

Within 03 (three) working days from the date of receipt of the documents transferred by the local Forest Protection Agency, the Forest Protection Branch or the Nature Conservation Department sends the documents and report to the Department of Agriculture and Rural Development or the Forestry General Department.

Within 03 (three) working days from the date of receipt of the documents and report from the Forest Protection Branch or the Nature Conservation Department, the Department of Agriculture and Rural Development or the Forestry General Department issues the exploitation permit or notifies in writing the reasons for not issuing the exploitation permit.

d) Method of delivering results: within 02 (two) working days from the date of signing the exploitation permit or the notification document stating the reasons for not issuing the exploitation permit, the agency issuing the exploitation permit sends the result to the local Forest Protection Agency that received the application. After receiving the result, the local Forest Protection Agency immediately delivers it to the organization or individual who made the request.

5. Revocation of exploitation permits: the agency issuing the exploitation permit revokes the exploitation permit in cases where the organization granted the permit violates the provisions of this Circular and current laws.

Article 6. Confirmation of Harvested Specimens

1. Within 01 (one) working day after the end of each harvesting period; harvesting the entire quantity of specimens granted; expiration of the harvesting permit, the organization or individual granted the harvesting permit shall prepare a list of harvested common wildlife specimens according to Model No. 05 issued together with this Circular and submit it to the local Forest Protection Authority for confirmation.

2. Within 03 (three) working days, the local Forest Protection Authority receiving the list of harvested common wildlife specimens shall organize the verification of the actual results of harvesting. In case of non-confirmation, the local Forest Protection Authority must notify in writing the reasons to the organization or individual concerned.

Chapter III

MANAGEMENT OF COMMON WILDLIFE

Article 7. Conditions for Raising Common Wildlife

Organizations and individuals raising species listed in the Catalogue of Common Wildlife issued together with this Circular must ensure the following conditions:

1. The breeding facility must be suitable for the growth and development characteristics of the raised species; ensuring safety for people and animals; complying with environmental hygiene regulations and disease prevention measures.

2. Regarding the origin of common wildlife:

a) Harvested from nature within the country: there must be a list of harvested common wildlife specimens confirmed by the local Forest Protection Authority.

b) Imported: there must be a customs declaration form for imported goods confirmed by the customs authority at the port of entry. Alien invasive species as defined by law may not be bred under any circumstances.

c) Purchased from other organizations or individuals: there must be a sales or exchange record between the supplier and the breeder.

d) Seized items: there must be a decision by the authorized authority to handle confiscated items or evidence according to the law.

đ) Common wildlife that was being raised before the effective date of this Circular, within 90 (ninety) days from the effective date of this Circular, the organization or individual raising such wildlife must prepare a list of common wildlife according to Model No. 05 issued together with this Circular and submit it to the People's Committee of the commune, ward, or town where the breeding facility is located for confirmation.

Organizations and individuals raising common wildlife bear legal responsibility for the lawful origin of the raised animals.

Article 8. Certification of Breeding Facilities for Common Wildlife for Commercial Purposes

1. Documents for requesting issuance of a breeding facility certificate include:

a) The original request for issuance of a breeding facility certificate must clearly state the following contents: name, address, business license number or establishment decision of the organization; species name, quantity, origin of the raised animals; location; description of the breeding facility according to Model No. 06 issued together with this Circular, with confirmation by the People's Committee of the commune.

b) A certified copy of the approval of the environmental impact assessment report or a commitment to comply with hygiene and environmental conditions as stipulated by law.

2. Issuing authority for the breeding facility certificate: the local Forest Protection Authority.

3. The certificate and validity period of the breeding farm certificate

a) The certificate must clearly state the following contents: name, address, business license number or establishment decision of the organization granted; species name, quantity, origin of the raised species according to Model No. 07 issued together with this Circular.

b) The certificate has a maximum validity period of 03 (three) years from the date of issuance.

4. Procedure and process for submitting documents, issuing certificates, and delivering results

a) Method of submitting documents: the organization sends 01 set of documents as prescribed in Clause 1 of this Article directly to the local Forest Protection Authority or through postal service.

b) Receiving documents and certification: the local Forest Protection Authority must organize verification and issue the breeding facility certificate within 05 (five) working days from the date of receipt of the documents; simultaneously establish a tracking record according to Model No. 09 issued together with this Circular. If the documents are not valid, the local Forest Protection Authority must notify in writing the reasons to the organization or individual submitting the documents.

c) Method of delivering results: within 03 (three) working days from the date of issuance of the breeding facility certificate, the local Forest Protection Authority delivers the certificate to the organization granted.

5. Revocation, replacement of breeding facility certificates, and addition of new species

a) The issuing authority of the breeding facility certificate revokes the certificate in cases where the breeding facility violates the provisions of this Circular and current laws.

b) Replacement of breeding facility certificates: within 30 (thirty) days before the expiry of the breeding facility certificate, the breeding facility owner submits a request directly or through postal service according to the provisions at Point a, Clause 1 of this Article to the local Forest Protection Authority; within 03 (three) working days from the date of receipt of the request, the local Forest Protection Authority issues a replacement certificate or notifies in writing the reasons for not replacing the certificate to the organization or individual requesting it.

c) Registration for adding new species: within 10 (ten) days from the date of adding a new animal species to the breeding facility, the breeding facility owner submits a request directly or through postal service according to the provisions at Point a, Clause 1 of this Article to the local Forest Protection Authority.

Within 05 (five) working days from the date of receipt of the request, the local Forest Protection Authority issues a supplementary certificate or notifies in writing the reasons for not issuing a supplementary certificate to the organization or individual requesting it.

6. Breeding facilities that have been issued certificates prior to the issuance of this Circular remain valid until their expiry date. Upon expiration of the previously issued certificate, the issuance of a new certificate will be carried out according to the provisions of this Circular.

7. After submitting the request for issuance of a breeding facility certificate as prescribed in Clause 1 of this Article, the breeding facility owner must establish a record of raised animals according to Model No. 10 issued together with this Circular.

Article 9. Notification of Wildlife Breeding Facilities

1. Households and individuals breeding common wildlife must submit a notification form for the breeding facility clearly stating the following contents: name and address of the breeding facility owner; name, quantity, and origin of the species proposed to be bred; location of the breeding facility according to Model No. 08 issued together with this Circular directly to the People's Committee of the commune or through postal service.

2. The People's Committee of the commune that receives the notification must establish a tracking record according to Model No. 09 issued together with this Circular.

3. After submitting the notification, households and individuals breeding common wildlife must establish a tracking record according to Model No. 10 issued together with this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Responsibilities for Guidance and Implementation

1. The General Department of Forestry

a) Direct the guidance and inspection of the implementation of this Circular nationwide; compile the situation of implementation and report and propose to the Ministry of Agriculture and Rural Development on the management situation and policies for common wildlife across the country.

b) Annually coordinate with relevant organizations to review and propose to the Ministry of Agriculture and Rural Development to consider adjusting, amending, and supplementing the List of Common Wildlife Species issued together with this Circular.

2. Provincial People's Committees: direct, inspect, and supervise to ensure compliance with the provisions of this Circular and the laws at the local level.

3. Department of Agriculture and Rural Development (Forest Protection Service)

a) Assist the Provincial People's Committee in promoting awareness, guiding, and inspecting the implementation of this Circular and the laws at the local level.

b) Report periodically on the situation of exploitation and breeding of common wildlife to the Forestry General Department before March 31 of the following year or submit ad hoc reports according to Model No. 11 issued together with this Circular.

c) Propose competent state agencies to promptly resolve difficulties and obstacles faced by breeding facility owners in their jurisdiction.

Article 11. Effective Date

1. This Circular takes effect from November 9, 2012.

2. This Circular replaces the provisions of Article 1 of Circular No. 25/2011/TT-BNNPTNT dated April 6, 2012 of the Ministry of Agriculture and Rural Development Amending and Supplementing Certain Administrative Procedures in the Field of Forest Protection and Development in accordance with Resolution No. 57/NQ-CP dated December 15, 2010.

3. During implementation, if there are any issues, organizations and individuals should promptly reflect them to the Ministry of Agriculture and Rural Development for consideration of amendment and supplementation./.