Decree No. 82/2006/ND-CP On management of export, import, re-export, entry from sea, transit, breeding, growing, and artificial cultivation activities of endangered, precious, and rare wild animals and plants.

DECREE

Regarding the management of export, import, re-export, landing from sea, transit, breeding for reproduction, breeding for growth, and artificial cultivation activities of endangered, precious, and rare wild animal and plant species.

from the sea, transiting, breeding for reproduction, growing, and artificial cultivation

of endangered, precious, and rare wild animal and plant species

______________________

 

THE GOVERNMENT

Pursuant to the Government Organization Law 2001;

Pursuant to the Fisheries Law 2003;

Based on the Forest Protection and Development Law 2004;

Pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Considering the proposal of the Minister of Agriculture and Rural Development,

DECREE

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

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

This Decree stipulates the activities of exporting, importing, re-exporting, landing from sea, transit, breeding for reproduction, breeding for growth, and artificial cultivation of endangered, precious, and rare wild animal and plant species (including hybrid species), including:

a) Specimens of wild animal and plant species listed in Appendices I, II, and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as the CITES Convention).

b) Specimens of endangered, precious, and rare wild animal and plant species as prescribed by Vietnamese law.

2. Scope of application.

This Decree applies to state agencies, organizations, households, individuals within Vietnam, foreign organizations, individuals, and overseas Vietnamese who are related to the activities of exporting, importing, re-exporting, landing from sea, transit, breeding for reproduction, breeding for growth, and artificial cultivation of specimens of endangered, precious, and rare wild animal and plant species within the territory of Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions than those of this Decree, the provisions of such international treaties shall apply.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. Species refers to any species, subspecies, or geographically isolated population of animals or plants.

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

3CITES permit, CITES certificate is a document issued by the Vietnamese Management Authority for CITES to export, import, re-export, and land from sea specimens of wild animal and plant species listed in the Appendices of the CITES Convention.

4. Permit issued by the Vietnamese Management Authority for CITES to export specimens of endangered, precious, and rare wild animal and plant species as prescribed by Vietnamese law but not listed in the Appendices of the CITES Convention.

5. The Appendices of the CITES Convention include:

a) Appendix I is a list of wild animal and plant species threatened with extinction, prohibiting their export, import, re-export, landing from sea, and transit of specimens from the wild for commercial purposes.

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

c) Appendix III is a list of wild animal and plant species that a member country of the CITES Convention requests other member countries of the CITES Convention to cooperate in controlling their export, import, and re-export for commercial purposes.

6. Endangered, precious, and rare wild animal and plant species as prescribed by Vietnamese law include:

a) Group I is a list of wild animal and plant species of special value in science, environment, or high economic value, with very few populations remaining in the wild or at high risk of extinction; strictly prohibiting their exploitation and use for commercial purposes.

b) Group II is a list of wild animal and plant species of value in science, environment, or high economic value, with few populations remaining in the wild or at risk of extinction; limiting their exploitation and use for commercial purposes.

7. Specimens of wild animal and plant species (hereinafter referred to as specimens) are living or dead wild animals and plants, parts, derivatives easily identifiable originating from wild animals and plants.

8. For commercial purposes refers to activities involving the exchange of goods and services and promotional activities of wild animal and plant specimens aimed at profit.

9. Not for commercial purposes refers to exchanges, transportation services of wild animal and plant specimens not aimed at profit, including: serving diplomacy, scientific research, exchanges among zoos, botanical gardens, non-commercial exhibitions, non-commercial circus performances; exchanges and return of specimens between CITES Management Authorities of various countries.

10. Landing from sea refers to bringing into the territory of Vietnam specimens of wild animal and plant species listed in the Appendices of the CITES Convention harvested from areas of the sea beyond the jurisdiction of any State.

11. Re-export refers to the export of specimens previously imported.

12. Controlled environment refers to an environment managed by humans to produce purebred or hybrid plants and animals, ensuring conditions to prevent the intrusion or spread of animals, plants, eggs, gametes, zygotes, seeds, buds, genes, diseases into or out of that environment.

13. Breeding facility for growth is a place where young animals, eggs of wild animals from nature are kept to grow and hatch into new individuals in a controlled environment.

14. Breeding facility for reproduction is a place where wild animals are kept for breeding successive generations in a controlled environment.

15. Artificial cultivation facility is a place where wild plants are grown, cultivated from seeds, zygotes, buds, grafts, or other methods of propagation in a controlled environment.

16. Breeding stock refers to the initial individual animals kept in a breeding facility for reproduction to produce subsequent generations. Exploitation of breeding stock must not affect the survival of the species in the wild.

17. F1 generation individual is an individual born in a controlled environment, where at least one parent was harvested from the wild or the zygote was formed from natural sources.

18. F2 generation or subsequent generations individual is an individual born in a controlled environment by parents also born in a controlled environment.

19. Personal items, household items of wild animal and plant origin are specimens legally owned by individuals or households.

20. Souvenir specimens are personal items or household items obtained outside the home country of the specimen owner. Live animal specimens are not considered souvenirs.

21. Hunting specimens are specimens obtained from lawful hunting activities.

22. Pre-convention specimens are specimens listed in the Appendices of the CITES Convention that were acquired before the species was included in the CITES Appendices. The acquisition date of the specimen is the date when one of the following occurs:

a) The specimen is removed from its natural habitat.

b) The specimen is born in a controlled environment.

c) The owner has legitimate ownership rights to the specimen.

23. Member State is a country where the CITES Convention is in effect.

Chapter II

EXPORT, IMPORT, RE-EXPORT, AND TRANSIT OF SPECIMENS

AND IMPORT FROM THE HIGH SEAS

Article 3. Conditions for the export, import, re-export, and import from the high seas of naturally occurring specimens listed in the Appendices of the CITES Convention

1. Export, import, re-export, and import from the high seas of specimens listed in Appendix I of the CITES Convention for commercial purposes is prohibited.

2. A CITES permit and certificate as prescribed in Clauses 1, 2, and 3 of Article 15 of this Decree shall be required when:

a) Exporting, importing, or re-exporting specimens listed in Appendix I of the CITES Convention for non-commercial purposes, specimens listed in Appendices II and III of the CITES Convention, and pre-convention specimens.

b) Importing from the high seas specimens listed in Appendix I of the CITES Convention for non-commercial purposes, and specimens listed in Appendix II of the CITES Convention.

3. Personal and household items are exempted from CITES permits and certificates if they meet the following conditions:

a) The items are used for non-commercial purposes.

b) At the time of export or import, the items are carried by a person or are part of household items being moved between countries.

c) The quantity does not exceed the limits set forth in the CITES Convention for certain wild animal and plant species.

Article 4. Conditions for the export, import, and re-export of specimens of captive-bred, captive-raised, and artificially propagated specimens listed in the Appendices of the CITES Convention

1. A CITES permit and certificate as prescribed in Clauses 1, 2, and 3 of Article 15 of this Decree shall be required when exporting, importing, or re-exporting specimens of captive-bred, captive-raised, and artificially propagated specimens listed in the Appendices of the CITES Convention.

2. When exporting specimens listed in Appendix I of the CITES Convention that are captive-bred or artificially propagated, the following conditions must be met:

a) Animal specimens from the F2 generation or later, bred at registered breeding facilities as prescribed in Clause 1 of Article 11 of this Decree.

b) Plant specimens from registered artificial propagation facilities as prescribed in Clause 1 of Article 11 of this Decree.

c) Specimens must be marked according to the guidelines of the Vietnamese CITES Management Authority.

3. When exporting specimens listed in Appendices II and III of the CITES Convention that are captive-bred, captive-raised, or artificially propagated, the following conditions must be met:

a) For captive-bred animal specimens: animal specimens from the F1 generation or later, bred at registered breeding facilities as prescribed in Clause 2 of Article 11 of this Decree.

b) For captive-raised animal specimens: animal specimens from registered captive-raising facilities as prescribed in Clause 2 of Article 11 of this Decree.

c) For artificially propagated plant specimens: plant specimens from registered artificial propagation facilities as prescribed in Clause 2 of Article 11 of this Decree.

Article 5. Conditions for exporting critically endangered, precious, and rare specimens from nature, as prescribed by Vietnamese law, not listed in the Appendices of the CITES Convention

1. Prohibit the export of specimens of critically endangered, precious, and rare wild animal species; specimens of critically endangered, precious, and rare forest plant species belonging to Group I-A, as prescribed by Vietnamese law on the management of critically endangered, precious, and rare animals and plants for commercial purposes.

2. Obtain a permit stipulated in Clause 4, Article 15 of this Decree when exporting specimens of critically endangered, precious, and rare wild animal species for non-commercial purposes; specimens of critically endangered, precious, and rare forest plant species belonging to Group I-A for non-commercial purposes; specimens (excluding wood products) of critically endangered, precious, and rare forest plant species belonging to Group II-A.

3. The export of wood products shall be carried out in accordance with Decree No. 12/2006/NĐ-CP dated January 23, 2006 detailing the implementation of the Law on Trade regarding international trade activities and agency buying, selling, processing, and transiting goods with foreign countries.

Article 6. Conditions for exporting critically endangered, precious, and rare specimens as prescribed by Vietnamese law, not listed in the Appendices of the CITES Convention, originating from captive breeding, rearing, or artificial cultivation

1. Obtain a permit stipulated in Clause 4, Article 15 of this Decree when exporting critically endangered, precious, and rare specimens as prescribed by Vietnamese law, originating from captive breeding, rearing, or artificial cultivation.

2. Exporting critically endangered, precious, and rare specimens belonging to Group I as prescribed by Vietnamese law, originating from captive breeding or artificial cultivation must meet the following conditions:

a) Animal specimens from the F2 generation onwards, bred at registered breeding facilities in accordance with Clause 2, Article 12 of this Decree.

b) Plant specimens from registered artificial cultivation facilities in accordance with Clause 3, Article 12 of this Decree.

c) Specimens must be marked according to the guidelines of the Vietnamese CITES Management Authority.

3. Exporting critically endangered, precious, and rare specimens belonging to Group II as prescribed by Vietnamese law, originating from captive breeding, rearing, or artificial cultivation must meet the following conditions:

a) For specimens of animals bred for reproduction: animal specimens from the F1 generation onwards, bred at registered breeding facilities in accordance with Clause 2, Article 12 of this Decree.

b) For specimens of animals reared for growth: specimens from registered growth rearing facilities in accordance with Clause 2, Article 12 of this Decree.

c) For specimens of artificially cultivated plants: plant specimens from registered artificial cultivation facilities in accordance with Clause 3, Article 12 of this Decree.

Article 7. Conditions for exporting and re-exporting specimens not specified in Articles 3, 4, 5, and 6 of this Decree

The Vietnamese CITES Management Authority shall issue an export permit for specimens not specified in Articles 3, 4, 5, and 6 of this Decree upon request, in compliance with the regulations of the importing country. The permit shall be issued in accordance with Clause 4, Article 15 of this Decree.

Article 8. Transit of live specimens of wild animals

The transit of live wild animal specimens through the territory of the Socialist Republic of Vietnam must be accepted in writing by the Vietnamese CITES Management Authority in accordance with Article 20 of this Decree; quarantine procedures for animals must be conducted and compliance with Vietnamese laws on customs must be observed.

Chapter III

CAPTIVE BREEDING, REARING, AND ARTIFICIAL CULTIVATION OF CRITICALLY ENDANGERED, PRECIOUS, AND RARE WILD ANIMALS AND PLANTS

Article 9. Responsibilities for managing breeding, rearing, and artificial cultivation of endangered, precious, and rare wild animals and plants

1. The Forest Protection Department of provinces and centrally-administered cities (hereinafter referred to as the provincial Forest Protection Department) shall be responsible for managing and confirming the production capacity of breeding farms, rearing farms, and artificial cultivation facilities of endangered, precious, and rare wild animals and plants (excluding aquatic species) as prescribed in this Decree. In places without a Forest Protection Department, the Ministry of Agriculture and Rural Development shall designate a specialized management agency to perform this responsibility.

2. The aquatic resource protection department of provinces and centrally-administered cities shall be responsible for managing and confirming the production capacity of breeding farms, rearing farms, and artificial cultivation facilities of aquatic species. In places without an aquatic resource protection department, the specialized management agency for aquatics shall undertake this responsibility.

Article 10. Conditions for breeding farms, rearing farms, and artificial cultivation facilities of wild animals and plants specified in the Appendices of the CITES Convention

1. Breeding farms and rearing farms for animals must meet the following conditions:

a) Shelters and farms must be constructed in accordance with the characteristics of the species being bred and the farm's production capacity.

b) Register breeding farms for species of animals that have been confirmed in writing by the CITES Scientific Authority of Vietnam as capable of continuous reproduction through multiple generations in a controlled environment.

c) Register rearing farms for species of animals that have been confirmed in writing by the CITES Scientific Authority of Vietnam as not affecting the conservation of the species in the wild.

d) Ensure safety conditions for people and environmental hygiene as prescribed by the State.

đ) Have personnel with sufficient expertise to meet the requirements for management, breeding, rearing techniques, care of the animal species, and prevention of diseases.

e) Organizations, households, and individuals harvesting young animals or eggs from nature for rearing and hatching for commercial purposes must obtain permission from the management agencies stipulated in Article 9 of this Decree.

2. Artificial cultivation facilities for plant species must meet the following conditions:

a) Facilities must be constructed in accordance with the characteristics of the plant species being cultivated and the facility's production capacity.

b) Artificial cultivation facilities must be confirmed by the CITES Scientific Authority of Vietnam that such cultivation does not affect the existence of the species in the wild.

c) Have personnel with sufficient expertise to meet the requirements for management, artificial cultivation techniques, care of the plant species, and prevention of diseases.

Article 11. Registration of breeding farms, rearing farms, and artificial cultivation facilities of wild animals and plants specified in the Appendices of the CITES Convention

1. Breeding farms and artificial cultivation facilities for wild animals and plants specified in Appendix I of the CITES Convention must register with the CITES Management Authority of Vietnam to submit registration files to the Secretariat of the CITES International Convention for review and approval. The registration file forms for breeding farms and artificial cultivation facilities are attached as Annexes 3-A and 3-B to this Decree. The CITES Management Authority may delegate the management agencies stipulated in Clauses 1 and 2 of Article 9 of this Decree to receive and assess the registration files.

2. Breeding farms, rearing farms, and artificial cultivation facilities for wild animals and plants specified in Appendices II and III of the CITES Convention must register with the provincial Forest Protection Department; in places without a Forest Protection Department, they must register with the specialized management agency designated by the Ministry of Agriculture and Rural Development. For aquatic species, they must register with the aquatic resource protection department of provinces and centrally-administered cities; in places without an aquatic resource protection department, they must register with the specialized management agency for aquatics. The registration file forms for breeding farms, rearing farms, and artificial cultivation facilities are attached as Annexes 4-A and 4-B to this Decree. By November each year, the agency receiving registrations under this clause shall report to the CITES Management Authority of Vietnam on the registration situation of breeding farms, rearing farms, and artificial cultivation facilities in their locality.

3. Time limit for issuing registration certificates for breeding farms, rearing farms, and artificial cultivation facilities.

a) For breeding farms and artificial cultivation facilities for wild animals and plants specified in Appendix I of the CITES Convention, the time limit is as follows:

- Within 15 working days from the date of receipt of the registration file for breeding farms and artificial cultivation facilities for wild animals and plants specified in Appendix I of the CITES Convention, the management agencies stipulated in Clauses 1 and 2 of Article 9 of this Decree must complete the assessment of the registration file and send the assessed file to the CITES Management Authority. If the file is refused, the assessing agency must notify the reason for refusal to the registering organization, household, or individual.

- Within 15 working days from the date of receipt of the assessed registration file, the CITES Management Authority must review and send the registration file to the Secretariat of the CITES International Convention for review and acceptance. If the file is refused, the CITES Management Authority must notify the reason for refusal to the assessing agency and the registering organization, household, or individual.

- Not later than five working days from the receipt of the acceptance opinion of the CITES International Secretariat, the CITES Management Authority of Vietnam must issue registration certificates to breeding farms and artificial propagation facilities that have registered. The model of the registration certificate for breeding farms and artificial propagation facilities is prescribed in Appendix 5 attached to this Decree. The CITES Management Authority shall notify the management authorities specified in Clauses 1 and 2 of Article 9 of this Decree about the results of registering breeding farms and artificial propagation facilities for management purposes.

b) For breeding farms, growth farms, and artificial propagation facilities of wild animal and plant species listed in Appendices II and III of the CITES Convention, not later than fifteen working days from the date of receiving complete files as prescribed in Appendices 4-A and 4-B attached to this Decree, the agency receiving the registration files of breeding farms, growth farms, and artificial propagation facilities of animals and plants specified in Clause 2 of this Article must conduct an assessment and issue registration certificates to the registered breeding farms, growth farms, and artificial propagation facilities. The model of the registration certificate for breeding farms, growth farms, and artificial propagation facilities is prescribed in Appendix 5 attached to this Decree. In case of refusal to accept the file, the reason for refusing to accept the file must be notified to the organization, household, or individual registering the breeding farm, growth farm, or artificial propagation facility.

Article 12. Conditions and Registration of Breeding Farms, Growth Farms, and Artificial Propagation Facilities of Wild Animal and Plant Species Listed as Precious, Rare, and Endangered under Vietnamese Law but Not Listed in the Appendices of the CITES Convention

1. Breeding farms and growth farms of wild animal species listed as precious, rare, and endangered under Vietnamese law must meet the conditions prescribed in Clause 1 of Article 10 of this Decree.

2. Breeding farms and growth farms of wild animal species listed as precious, rare, and endangered under Vietnamese law must register with the provincial forest rangers' office; in cases where there is no provincial forest rangers' office, they must register with the specialized management agency designated by the Ministry of Agriculture and Rural Development. For aquatic species, they must register with the provincial fisheries resource protection agency; in cases where there is no fisheries resource protection agency, they must register with the specialized department managing fisheries. The registration file for breeding farms is prescribed in Appendices 3-B (for wild animals belonging to Group I B); the registration file for breeding farms and growth farms is prescribed in Appendix 4-B (for wild animals belonging to Group II B) attached to this Decree.

3. Artificial propagation facilities of wild plant species listed as precious, rare, and endangered:

a) For tree species, they must register the planted forest with the local forest ranger's office according to the laws on forest protection and development.

b) For non-tree plant species, they must register with the provincial forest rangers' office; in cases where there is no provincial forest rangers' office, they must register with the specialized management agency designated by the Ministry of Agriculture and Rural Development. The registration file is prescribed in Appendices 3-A (for wild plants belonging to Group I A) and Appendix 4-A (for wild plants belonging to Group II A) attached to this Decree.

Chapter IV

CITES MANAGEMENT AUTHORITY AND CITES SCIENTIFIC AUTHORITY OF VIETNAM

Article 13. The CITES Management Authority of Vietnam

1. The Ministry of Agriculture and Rural Development is responsible to the Government for the activities of the CITES Management Authority of Vietnam. The CITES Management Authority of Vietnam shall be established by the Ministry of Agriculture and Rural Development, with a Director and Deputy Directors, and a permanent office (referred to as the CITES Vietnam Office) located at the Forest Protection Department and branch offices of the CITES Vietnam Office in Central and Southern regions. The CITES Management Authority of Vietnam shall have its own seal.

The CITES Vietnam Office shall have departments for enforcement, information dissemination and training, licensing, management of breeding farms, growth farms, artificial cultivation facilities, and international relations.

2. Tasks of the CITES Management Authority of Vietnam:

a) Represent the Socialist Republic of Vietnam's Government in exercising the rights and obligations of a member state under the CITES Convention.

b) Lead and coordinate with CITES scientific authorities and relevant agencies and organizations in implementing the CITES Convention in Vietnam.

c) Organize activities to disseminate information and raise awareness about the CITES Convention.

d) Propose amendments and supplements to the list of wild animal and plant species specified in the Appendices of the CITES Convention.

đ) Announce the list of wild animal and plant species specified in the Appendices of the CITES Convention that have been changed following meetings of member states.

e) Issue and revoke CITES certificates, CITES permits, export and import permits for specimens of endangered, precious, and rare wild animals and plants as stipulated in this Decree's Article 15.

g) Register with the CITES Secretariat international breeding farms and artificial cultivation facilities for wild animal and plant species specified in Appendix I of the CITES Convention that meet the conditions for export.

h) Inspect breeding farms, growth farms, artificial cultivation facilities for commercial purposes; export, import, re-export, domestic import from sea, and transit of specimens of endangered, precious, and rare wild animals and plants as stipulated in this Decree.

i) Guide the handling of specimens specified in the Appendices of the CITES Convention that have been confiscated according to Vietnamese law and the CITES Convention.

k) Coordinate with related parties to organize training and guide operations for management agencies, organizations, households, and individuals related to the CITES Convention and Vietnamese law.

3. The CITES Management Authority of Vietnam may inspect export, import, re-export, and transit of specimens of endangered, precious, and rare wild animals and plants at airports, railway stations, seaports, and border areas.

4. The State ensures funding for the activities of the CITES Management Authority of Vietnam and encourages organizations, households, and individuals both domestically and internationally to support the activities of the CITES Management Authority of Vietnam.

Article 14. The CITES Scientific Authorities of Vietnam

1. The Institute of Ecology and Biological Resources under the Vietnam Academy of Science and Technology, the Vietnam Forestry Science Institute under the Ministry of Agriculture and Rural Development, the Fisheries Research Institute under the Ministry of Fisheries, and the Center for Natural Resources and Environment Studies under Hanoi National University are the CITES Scientific Authorities of Vietnam.

2. Tasks of the CITES Scientific Authorities of Vietnam:

a) Provide scientific advice to the CITES Management Authority and related management agencies on the following issues:

- Current status of populations, distribution areas, levels of endangerment, preciousness, and rarity of wild animal and plant species in nature.

- Issuing CITES permits and certificates for export, import, re-export, domestic import from sea, and transit of specimens of endangered, precious, and rare wild animals and plants as stipulated in this Decree's Article 15.

- Scientific names of animal and plant species, identification of wild animal and plant specimens.

- Rescue centers, care facilities for live specimens, suitable habitats for releasing confiscated wildlife.

- Breeding farms, growth farms, artificial cultivation facilities for wild animal and plant species; appraising projects on breeding, growth, and artificial cultivation of wild animal and plant species.

b) Be authorized by the CITES Management Authority of Vietnam to inspect breeding farms, growth farms, artificial cultivation facilities, and export, import, re-export, domestic import from sea, and transit activities of specimens.

c) Participate in meetings, conferences, and seminars related to the implementation of the CITES Convention.

d) Draft scientific documents and proposals related to the implementation of the CITES Convention; prepare reports as required by the CITES Secretariat.

3. The State ensures funding for the activities of the CITES Scientific Authorities of Vietnam and encourages organizations, households, and individuals both domestically and internationally to support the activities of the CITES Scientific Authorities of Vietnam.

Chapter V

LICENSES AND CERTIFICATES

Article 15. Types of permits and certificates

 1. The CITES permit specified in Appendix 2-A attached to this Decree applies to specimens listed in the Appendices of the CITES Convention. The CITES permit must be fully recorded, affixed with a CITES stamp, and stamped by the Vietnamese CITES Management Authority.

2. The CITES export certificate for souvenir specimens specified in Appendix 2-B attached to this Decree applies to souvenir specimens listed in the Appendices of the CITES Convention. The CITES export certificate for souvenir specimens must be fully recorded, signed, and include the name and surname of the owner of the breeding facility or artificial cultivation facility.

3. The pre-convention certificate specified in Appendix 2-C attached to this Decree applies to pre-convention specimens.

4. The permit specified in Appendix 2-D attached to this Decree applies to endangered, precious, and rare wild animal and plant specimens according to Vietnamese law. The permit must be fully recorded and stamped by the Vietnamese CITES Management Authority.

Article 16. Issuance and management of permits and certificates

1. Within a maximum of ten working days from the date of receiving complete valid applications, the Vietnamese CITES Management Authority must issue permits and certificates. In cases where the application is refused, the Vietnamese CITES Management Authority must notify the organization, household, or individual applying for the permit or certificate of the reasons for refusal.

2. The maximum validity period for export and re-export permits and certificates is six months; the maximum validity period for import permits is twelve months, from the date of issuance.

3. Each consignment of exported, imported, or re-exported specimens must have an original permit or certificate attached. Permits and certificates must be presented at the time of export or import of specimens or when requested by an authorized authority.

4. It is strictly prohibited to forge, alter, or transfer permits and certificates.

5. The Vietnamese CITES Management Authority shall revoke permits and certificates in the following cases:

a) When the permits or certificates were issued incorrectly.

b) When the permits or certificates are used for purposes other than those intended.

c) When the organization, household, or individual holding the permits or certificates violates the provisions of the CITES Convention or Vietnamese law.

d) When the permits or certificates expire: within a period not exceeding ten days from the date of expiration, the organization, household, or individual must return the permits or certificates to the Vietnamese CITES Management Authority.

6. The Vietnamese CITES Management Authority is responsible for issuing and distributing the permits and certificates stipulated in Article 15 of this Decree.

Article 17. Application Documents for Export and Re-export Permits and Certificates

1. For commercial export and re-export of specimens:

a) An application form for a permit or certificate according to Appendix 1 attached to this Decree.

b) Documentation proving the legal origin of the specimens according to current regulations.

2. For non-commercial export and re-export of specimens:

a) Export and re-export of specimens for scientific research or diplomatic purposes.

- An application form for a permit or certificate according to Appendix 1 attached to this Decree.

- A signed agreement on a cooperative research program or a diplomatic gift confirmation document approved by an authorized authority.

- Documentation proving the legal origin of the specimens according to current regulations.

- A copy of the import permit issued by the CITES Management Authority of the importing country for specimens listed in Appendix I of the CITES Convention.

b) Export and re-export of specimens for non-commercial exhibitions or circus performances.

- An application form for a CITES permit or certificate according to Appendix 1 attached to this Decree.

- An authorization decision by an authorized authority to participate in foreign exhibitions or circus performances.

- Documentation proving the legal origin of the specimens or a copy of the import permit (for re-export cases).

- A copy of the import permit issued by the CITES Management Authority of the importing country for specimens listed in Appendix I of the CITES Convention.

3. Export and re-export of hunting trophies:

- An application form for a CITES permit and certificate according to Appendix 1 attached to this Decree.

- Documentation proving the legal origin of the hunting trophy according to current regulations or a copy of the permit or certificate for hunting trophies issued by the relevant authority of the related country.

4. Export and re-export of pre-convention specimens:

- An application form for a CITES permit and certificate according to Appendix 1 attached to this Decree.

- Documentation proving the pre-convention status of the specimen or a copy of the CITES import permit (for re-export cases).

Article 18. Documents for issuing import permits and certificates for specimens

1. Importing specimens for commercial purposes:

a) An application form for a permit or certificate according to Appendix 1 attached to this Decree.

b) A copy of the CITES export permit issued by the CITES Management Authority of the exporting country for specimens listed in the Appendices of the CITES Convention.

c) In cases where live wild animals or plants are imported, the following documents must be provided:

- Confirmation from the provincial forest protection agency or the specialized management agency designated by the Ministry of Agriculture and Rural Development at localities without a forest protection agency that the importer has the necessary conditions to breed, keep, and care for the specimens. For aquatic species, confirmation must be provided by the provincial fisheries resource protection agency or the specialized fisheries management department at localities without such an agency.

- Confirmation from the CITES Scientific Authority of Vietnam that the importation of such specimens will not have adverse effects on the environment and the conservation of species within the country, in cases where these species are being imported into Vietnam for the first time.

2. Importing specimens not for commercial purposes:

a) Importing specimens for scientific research or diplomatic purposes:

- An application form for a permit or certificate according to Appendix 1 attached to this Decree.

- An agreement on a cooperative research program or a diplomatic gift confirmation document approved by the competent authority.

- A copy of the CITES export permit or certificate issued by the CITES Management Authority of the exporting country for specimens listed in Appendices II and III of the CITES Convention.

b) Importing specimens for exhibitions or non-commercial circus performances:

- An application form for a permit or certificate according to Appendix 1 attached to this Decree.

- An invitation letter from the competent authority to participate in the exhibition or circus performance.

- A copy of the CITES export permit for specimens listed in Appendices II and III of the CITES Convention.

3. Importing hunting trophies:

- A CITES permit application form according to Annex 1 attached to this Decree.

- A copy of the CITES export permit or trophy hunting certificate issued by the competent authority of the exporting country.

4. Importing pre-convention specimens:

- An application form for a permit or certificate according to Appendix 1 attached to this Decree.

- Documentation proving the pre-convention status of the specimen or a copy of the export permit or certificate issued by the exporting country.

Article 19. Documents for issuing permits for importing specimens listed in Appendices I and II of the CITES Convention from the sea

1. An application for a permit or certificate according to Annex 1 attached to this Decree.

2. Approval document from the central fisheries resource protection agency.

3. In cases where live wild animals or plants are imported from the sea, the following documents must be provided:

a) Confirmation from the provincial or centrally-administered city fisheries resource protection agency or the specialized fisheries management department at localities without such an agency that the importer has the necessary conditions to breed, keep, and care for the specimens.

b) Confirmation from the CITES Scientific Authority of Vietnam that the importation of such specimens will not have adverse effects on the environment and the conservation of species within the country, in cases where these species are being imported into Vietnam for the first time.

Article 20. Documents for requesting transit transport of live animal specimens

1. A request for transit transport of live animal specimens according to Annex 1 attached to this Decree.

2. A copy of the export permit or certificate issued by the competent authority of the exporting country.

3. A copy of the transit transport contract.

Article 21. Issuing CITES Export Souvenir Certificates

1. Breeding farms, growth farms, artificial cultivation facilities directly issue CITES Export Souvenir Certificates printed by the CITES Management Authority for customers when they meet the following conditions:

a) The souvenir specimens are produced by breeding farms, growth farms, or artificial cultivation facilities.

b) They have a code number issued by the competent authority as prescribed in Article 11 of this Decree.

c) They register with the CITES Management Authority of Vietnam regarding the design, emblem, and label of souvenir specimens produced by themselves.

2. CITES Export Souvenir Certificates are only issued to complete products at souvenir shops. Each CITES Export Souvenir Certificate can be issued for a maximum of four specimens for one customer.

3. The CITES Management Authority of Vietnam is responsible for printing and issuing CITES Export Souvenir Certificates for breeding farms, growth farms, and artificial cultivation facilities that require them.

4. Breeding farms, growth farms, and artificial cultivation facilities must comply with guidance and inspection by the CITES Management Authority of Vietnam and the management agency specified in Article 9 of this Decree; they are liable under the law for managing and using CITES Export Souvenir Certificates according to the provisions of this Decree.

Article 22. Application Documents for CITES Pre-Convention Specimen Certificates

1. An application form for CITES Pre-Convention Specimen Certificates as attached Appendix 1 to this Decree.

2. Documentation proving the legal origin of the specimen (purchase invoices, extraction permits, import permits).

Article 23. Responsibilities of Organizations, Households, and Individuals Granted CITES Permits, CITES Certificates, and Export Permits for Endangered, Precious, and Rare Animals and Plants as Prescribed by Vietnamese Law

1. Provide full information to the CITES Management Authority of Vietnam and bear responsibility for the legality of the application documents concerning the specimen.

2. Bear legal responsibility for managing and using the permit and certificate. Comply with current Vietnamese laws on the export and import of goods.

3. Pay for the printing costs of the permit and certificate; marking costs of the specimen; appraisal and classification costs of the specimen.

Article 24. Responsibilities of Relevant Agencies in Supervising Wildlife Export and Import Activities

1. When processing customs formalities, the customs office handling the export, import, or re-export of specimens has the responsibility to confirm the actual quantity of exported, imported, or re-exported specimens on the permit or certificate as stipulated in Article 15 of this Decree, record the permit or certificate number and date on the customs declaration form; send a copy of the confirmed permit or certificate every quarter within the first week of the next quarter to the CITES Management Authority.

2. Competent agencies specified in Clause 1 of Article 25 of this Decree, within their jurisdiction, have the responsibility to provide information to the CITES Management Authority of Vietnam about violations related to the export, import, re-export, transshipment, and landing from the sea of specimens of species as prescribed in Clause 1 of Article 1 of this Decree.

Chapter VI

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 25. Inspection, examination, and handling of violations

1. The following agencies: Forest Rangers, Customs, Police, Border Guard, Tax, Market Management, Animal Quarantine, Plant Quarantine, Fisheries Resource Protection, Environmental Protection shall be responsible for inspecting, examining, and handling violations according to the provisions of the law regarding acts of violating laws in the field of managing export, import, re-export, transit, entry from sea, breeding for reproduction, growing, artificial cultivation of specimens of wild animal and plant species specified in Clause 1, Article 1 of this Decree.

2. Specimens of wild animals and plants specified in Appendix I of the CITES Convention shall be handled as specimens of critically endangered, precious, and rare wild animals and plants Group I according to the provisions of Vietnamese law. Specimens of wild animals and plants specified in Appendices II and III of the CITES Convention shall be handled as specimens of endangered, precious, and rare wild animals and plants Group II according to the provisions of Vietnamese law. In cases where the provisions of the CITES Convention on handling specimens of wild animals and plants listed in the Appendices of the Convention differ from the provisions of Vietnamese law, the provisions of the Convention shall apply.

3. Organizations, households, individuals who commit violations of the provisions on export, import, re-export, transit, and entry from sea as stipulated in this Decree shall be subject to administrative penalties based on the nature and degree of violation, and individuals may be held criminally liable according to the provisions of the law.

Article 26. Handling of Specimens

1. Temporary holding of live animals while awaiting a decision on handling must ensure safety for people and provide appropriate conditions for managing and caring for the animals.

2. Specimens confirmed by quarantine authorities to be diseased or capable of causing dangerous epidemics must be destroyed immediately. The destruction process shall be carried out in accordance with current legal regulations on veterinary medicine and plant quarantine.

3. Handling of confiscated specimens:

a) The Director of the CITES Management Authority of Vietnam shall consider and decide on returning the specimen to the country of origin for specimens listed in the Appendices of the CITES Convention where the country of origin can be identified.

b) For other cases of violations, including those specified in point a of this clause or cases where customs authorities and relevant departments discover and seize contraband items at border gates or along border routes (land and sea), if the country of origin does not accept them but there is no suitable storage place, then a handover record shall be established and transferred to the nearest forest protection agency or animal/plant quarantine agency for handling in accordance with current Vietnamese law, consistent with the CITES Convention.

Chapter VII

IMPLEMENTING PROVISIONS

Article 27. Responsibility for Guidance and Implementation

1. The Ministry of Agriculture and Rural Development, the Ministry of Fisheries shall guide and supervise the implementation of this Decree within their respective jurisdictions.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree.

Article 28. Effective Date

1. This Decree takes effect fifteen days after its publication in the Official Gazette.

2. This Decree replaces Government Decree No. 11/2002/NĐ-CP dated January 22, 2002, concerning the management of activities related to the export, import, and transit of wild animal and plant species./.