Circular No. 85/2025/TT-BNNMT on the management of endangered, precious, and rare species, common forest animals, and the enforcement of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

CIRCULAR

Provisions on the management of endangered, precious, and rare species, common forest animals, and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

 

Based on the Forestry Law number 16/2017/QH14, amended and supplemented by Law number 16/2023/QH15, Law number 31/2024/QH15, and Law number 146/2025/QH15;

Based on the Biodiversity Law number 20/2008/QH12, amended and supplemented by Law number 35/2018/QH14 and Law number 146/2025/QH15;

Based on the Fisheries Law number 16/2017/QH14, amended and supplemented by Law number 31/2024/QH15, Law number 43/2024/QH15, and Law number 146/2025/QH15;

Based on the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

Pursuant to Decree No. 35/2025/NĐ-CP dated February 25, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the Director of the Forest Management and Inspection Department and the Director of the Nature Conservation and Biodiversity Department;

The Minister of Agriculture and Environment issues this Circular to provide detailed provisions on the management of endangered, precious, and rare plant and animal species, common forest animals, and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as CITES).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular provides detailed provisions for certain articles of the Forestry Law, the Biodiversity Law, and the Fisheries Law regarding the management of forest plants and animals, endangered and precious rare species; priority protected species; breeding, rescue, and release of common forest animals; and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES hereinafter).

2. This Circular does not regulate the management system for endangered and precious rare livestock breeds, crop varieties, and aquatic species that do not belong to the Appendices of CITES.

Article 2. Applicability

This Circular applies to state agencies, organizations, households, and individuals involved in activities related to the provisions set forth in Article 1 of this Circular.

Article 3. Explanation of Terms

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

1. Speciesis a basic classification level in biology used to refer to a species, subspecies, or geographically isolated population of animals or plants.

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

3. CITESis the Convention on International Trade in Endangered Species of Wild Fauna and Flora, adopted on March 3, 1973, in Washington, and effective for member states, including the Socialist Republic of Vietnam since April 20, 1994.

4. CITES Secretariatis the Secretariat managed by the United Nations Environment Programme, with functions and responsibilities as stipulated in Chapter XII of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

5. CITES Member Stateis a country participating and implementing CITES, applying appropriate management in accordance with the Convention's provisions.

6. CITES Appendixis the list of endangered wild fauna and flora species approved by the Conference of the Parties to CITES and effective according to the Convention's provisions, including:

a) CITES Appendix I includes species of wild fauna and flora threatened with extinction, prohibited from export, import, re-export, entry from the sea, and transit of specimens taken from the wild for commercial purposes, and hybrids with species listed in CITES Appendix I.

b) CITES Appendix II includes species of wild fauna and flora not currently threatened with extinction but may become so if trade in specimens of these species taken from the wild for commercial purposes is not properly controlled, and hybrids with species listed in CITES Appendix II (except hybrids with species listed in CITES Appendix I).

c) CITES Appendix III includes species of wild fauna and flora that a CITES Member State requests other Member States to cooperate in controlling trade in specimens of these species taken from the wild for commercial purposes, and hybrids with species listed in CITES Appendix III (except hybrids with species listed in CITES Appendix I or II).

7. Specimenis an individual animal, plant, microorganism, fungus, alive or dead, part, derivative, or product of such an individual.

8. Part of an Animal or Plantis all forms of material taken from an animal or plant without processing or only preliminary processing.

9. DerivativeorProduct of an Animal or Plantis a part of an animal or plant that has undergone processing.

10. Common Forest Animalis a mammal, bird, reptile, amphibian, or insect species living naturally in forests and not included in: the list of endangered, precious, and rare species issued together with this Circular; CITES Appendices; livestock raised in accordance with the law on animal husbandry; aquatic species under the law on fisheries; List of invasive alien species.

11. Harvesting Specimensis the activity of removing specimens from their natural habitat.

12. For Commercial Purposesrefers to transactions between organizations and individuals involving specimens of wild fauna and flora aimed at profit.

13. Not for Commercial Purposesrefers to transactions between organizations and individuals involving specimens of wild fauna and flora not aimed at profit, such as for diplomatic purposes, scientific research, captive breeding conservation, ornamental breeding, rescue, museums; product exhibition and display; circus performances; specimen exchange among CITES management authorities.

14. Entry from the Seais the activity of bringing into the territory of Vietnam specimens of species listed in CITES Appendices harvested from the high seas beyond the jurisdiction of any state.

15. Re-exportis the export of specimens previously imported, including intact specimens or those that have been preliminarily processed or produced and manufactured domestically.

16. Controlled Environmentis an environment managed by humans to ensure conditions preventing the intrusion or spread of animals, plants, eggs, gametes, zygotes, seeds, spores, genes, diseases into or out of that environment to create purebred or hybrid species.

17. Breeding Facility, Cultivation Facilityis a breeding facility for endangered, precious, and rare wild animal species and/or species listed in the CITES Appendices and/or common wild animals; a cultivation facility for artificially planting endangered, precious, and rare wild plant species and/or species listed in the CITES Appendices.

18. Breeding growthis the practice of raising offspring or eggs collected from nature to grow large and hatch into individuals in a controlled environment.

19. Breeding reproductionis the practice of raising animals to produce the next generation or raising animals originating from a breeding facility in a controlled environment.

20. Artificial plantingis the practice of planting or grafting from seeds, sprouts, zygotes, branch grafts, or other forms of propagation of wild plants in a controlled environment.

21. F1 Generationis an individual born in a controlled environment where at least one parent was harvested from nature.

22. F2 Generationorsubsequent generationis an individual born in a controlled environment by a pair of parents from the F1 generation onwards.

23. Personal propertyis a specimen derived from CITES-listed animal or plant species owned by an individual or household, intended solely for non-commercial purposes, and carried as personal luggage or shipped as part of household goods at the time of export, import, or re-export.

24. Pre-Convention Specimenis a specimen of a species obtained before the date specified by CITES applies to that species or before the country became a member. The acquisition date of the specimen is determined based on one of the following cases:

a) The day the specimen was harvested from nature;

b) The day the specimen was bred or artificially planted in a controlled environment;

c) In cases where the acquisition date cannot be determined according to points a and b of this clause, the acquisition date is the first day the specimen has an owner.

25. Finished productis a product that has been packaged and labeled and is ready for sale on the market for use without further production or processing.

26. Genetic diversity coefficient of a varietyis a coefficient used to assess the richness in quantity and diversity of crop varieties calculated using the Simpson diversity index.

Genetic diversity coefficient of variety i: Hg = 1 - Σ f2(xi)

f2(xi): the percentage of area planted with variety i relative to the total area planted with all varieties of a crop species.

27. Range of distribution of a speciesis the area defined by the shortest continuous boundary enclosing all known or predicted locations of the species.

28. Habitat of a speciesis the smallest area necessary for the existence of a population of the species within its range of distribution.

29. Conservation translocationis the process of relocating individuals of a species from one natural range to another suitable natural range for the growth and development of the species according to a plan approved by the competent state authority.

30. Conservation breeding and plantingis the activity of breeding and planting aimed at conserving genetic resources and restoring populations of species in accordance with the law.

31. Activities serving the purpose of biodiversity conservationinclude in-situ and ex-situ conservation activities to protect, restore, and develop genetic resources, individuals, populations, and habitats of critically endangered, precious, and rare species prioritized for protection under the Biodiversity Law and this Circular.

32. Activities serving the purpose of scientific researchare activities conducted within the framework of national, ministerial, or provincial science and technology projects, tasks, and topics approved by the competent authority in accordance with the law.

33. Activities serving the purpose of eco-tourismare activities involving visiting critically endangered, precious, and rare species prioritized for protection in their natural environment or at a biodiversity conservation facility, combined with educational activities to raise awareness about biodiversity conservation.

Article 4. Classification and criteria for determining endangered, precious, and rare species

1. Endangered, precious, and rare species include Group I and Group II

a) Group I: Species strictly prohibited from exploitation and use of specimens collected from nature in Vietnam for commercial purposes, including: The list of endangered, precious, and rare species prioritized for protection; The list of endangered, precious, and rare forest plant and animal species Group IA: forest plants, Group IB: forest animals;

b) Group II: Species restricted from exploitation and use of specimens collected from nature in Vietnam for commercial purposes, including: The list of endangered, precious, and rare forest plant and animal species Group IIA: forest plants, Group IIB: forest animals.

2. Criteria for determining endangered, precious, and rare species in Group I

a) Endangered, precious, and rare species listed in Appendix I of CITES that naturally occur in Vietnam or are assessed by the Vietnamese CITES Scientific Authority based on IUCN or Red Book of Vietnam criteria at the critically endangered (CR) to endangered (EN) levels;

b) Endangered, precious, and rare species prioritized for protection, except in cases specified in points c and d of this clause, in addition to meeting the criteria specified in point a of this clause, must also meet one of the following criteria: endemic species; having special value in science, medicine, economy, ecology, landscape, environment, culture-historical;

c) For endangered, precious, and rare crop and livestock breeds prioritized for protection: genetic diversity coefficient of the breed lower than 0.25; breeding and cultivation ratio below 10% of total breeding and cultivation households at the place of origin; planting area less than 0.5 hectares for food crops; less than 0.3 hectares for annual industrial crops; less than 0.1 hectares for vegetables, flowers, medicinal plants; or number less than 250 individuals for long-term industrial crops; less than 500 individuals for fruit trees, ornamental trees; livestock breeds are determined to have a small number of individuals or threatened with extinction when the number of purebred females is less than 100 and the number of purebred males is less than 5, or the entire herd has fewer than 120 individuals;

d) For endangered, precious, and rare fungi and microorganisms prioritized for protection: having a small number or threatened with extinction when the population has decreased by at least 50% over a period of 10 years up to the assessment time and living in severely destroyed environments.

3. Criteria for determining endangered, precious, and rare species in Group II when meeting one of the following criteria:

a) Species currently listed in Appendices II and III of CITES that naturally occur in Vietnam;

b) Species currently listed in the IUCN Red List at the vulnerable (VU) level or higher, or species listed in the Red Book of Vietnam at the vulnerable (VU) level or higher, assessed by the Vietnamese CITES Scientific Authority as requiring measures to restrict exploitation and use for commercial purposes;

c) Species not covered by points a and b of this clause are being exploited and traded excessively, assessed by the Vietnamese CITES Scientific Authority according to IUCN or Red Book of Vietnam criteria as likely to become endangered in the wild, requiring measures to restrict exploitation and use for commercial purposes.

4. Endangered, precious, and rare species promulgated in Appendix I attached to this Circular.

Article 5. Amending and Supplementing Endangered, Precious, and Rare Species

1. Organizations, individuals, and relevant agencies having information on animal and plant species, crop varieties, livestock breeds, fungi, and microorganisms meeting the criteria for inclusion or exclusion from the List of Endangered, Precious, and Rare Species as stipulated in Article 4 of this Circular shall submit such information to the Ministry of Agriculture and Rural Development using Form No. 01 attached as Appendix II of this Circular for consolidation.

2. Procedures for amending and supplementing endangered, precious, and rare species

Every three years or when necessary, the Ministry of Agriculture and Rural Development shall review and decide to amend and supplement the List of Endangered, Precious, and Rare Species according to the following procedures:

a) Based on the results of surveys, monitoring, and assessments of the status of endangered, precious, and rare species, as well as information provided by organizations, individuals, and relevant agencies, the Forest Management and Inspection Department or the Biodiversity Conservation Department shall prepare a report proposing the List of Endangered, Precious, and Rare Species;

b) Within five working days from the completion date of the Report Proposing the List of Endangered, Precious, and Rare Species, the Forest Management and Inspection Department or the Biodiversity Conservation Department shall establish an Expert Review Board for Endangered, Precious, and Rare Species. The composition of the Board includes: the leadership of the Forest Management and Inspection Department or the Biodiversity Conservation Department as the chairperson, representatives of specialized agencies under the Ministry of Agriculture and Rural Development, scientific institutions of CITES Vietnam, and related agencies, organizations, and experts;

c) Within five working days from the establishment date, the Review Board shall organize an evaluation of the dossier, record opinions on the Evaluation Form of Review Board members using Form No. 02, and prepare Minutes of the Meeting using Form No. 03 attached as Appendix II of this Circular;

d) Within three working days from the date of the Review Minutes, the Forest Management and Inspection Department or the Biodiversity Conservation Department shall seek written opinions from specialized agencies under the Ministry of Agriculture and Rural Development using Form No. 04 attached as Appendix II of this Circular;

đ) Within five working days from the date of receipt of the request for opinions from the Forest Management and Inspection Department or the Biodiversity Conservation Department, the agencies whose opinions are sought shall send their written responses;

e) Within five working days from the date of receipt of the opinions of the specialized agencies, the Forest Management and Inspection Department or the Biodiversity Conservation Department shall submit to the Minister of Agriculture and Rural Development. The dossier includes: a report incorporating and explaining the comments of the specialized agencies under the Ministry of Agriculture and Rural Development; minutes of the meeting and evaluation forms of Review Board members; the report proposing the List of Endangered, Precious, and Rare Species along with the report on survey, monitoring, and assessment results of the status of endangered, precious, and rare species and information from organizations and individuals as stipulated in point a of this clause; other related documents (if any);

g) Within five working days from the date of receipt of the submitted dossier, the Minister of Agriculture and Rural Development shall review and decide to amend and supplement the List of Endangered, Precious, and Rare Species.

Chapter II

MANAGEMENT OF ENDANGERED, PRECIOUS, AND RARE SPECIES, AND COMMON FOREST ANIMALS

Section 1. CONSERVATION AND PROTECTION OF ENDANGERED, VALUABLE, AND RARE SPECIES, WILD ANIMALS

Article 6. Principles and Measures for Conservation and Protection of Endangered, Valuable, and Rare Species

1. Principles

a) Activities such as exploitation, breeding, cultivation, processing, trading, transportation, storage, advertising, exhibition, exchange, gift-giving, export, and import of specimens of endangered, valuable, and rare species shall not have negative impacts on their existence, growth, and development in nature and must be managed to ensure legal origin;

b) Breeding and export activities of endangered, valuable, and rare protected animal species for commercial purposes can only be carried out with individuals from the F2 generation of the species determined by the Vietnamese Scientific Authority of CITES to have the ability to reproduce across multiple generations in a controlled environment, without affecting the existence and development of the species in nature;

c) Activities such as investigation, exploration, research, exploitation, sightseeing, and tourism that may have negative impacts on the habitats, migration routes, and feeding grounds of endangered, valuable, and rare species must comply with the provisions of this Circular and related laws, and implement measures to minimize impacts, ensuring they do not affect the existence and development of these species in nature;

d) Tools and means that are destructive, such as weapons, poisoned arrows, explosives, poisons, digging tunnels and pits, setting large traps, spring traps, electric traps, pitfall traps, net traps, cage traps, glue traps, slingshots, large wooden stakes, large iron spikes, and devices emitting animal sounds shall not be used to exploit specimens of endangered, valuable, and rare species from nature, except in cases of exploitation for scientific research, diplomacy, and conservation approved by competent authorities;

đ) Endangered, valuable, and rare species rescued but not meeting conditions for release or replanting in nature or having no suitable habitat outside nature must be transferred to biodiversity conservation facilities or rescue centers capable of breeding and planting to serve the conservation of those species;

e) Exploitation of specimens of aquatic and plant species listed in the CITES Appendices shall be conducted as for specimens of endangered, valuable, and rare species; breeding, planting, and exporting of endangered, valuable, and rare species Group I shall be conducted as for species listed in CITES Appendix I, endangered, valuable, and rare species Group II shall be conducted as for species listed in CITES Appendices II and III, except as provided in point g of this Clause and point a of Clause 2, Article 25 of this Circular;

g) Exploitation of specimens of aquatic species listed in the CITES Appendices from nature shall be carried out in accordance with fisheries laws, except for aquatic species that are also forest plants and animals listed in the CITES Appendices, which shall be implemented according to the provisions of this Circular;

2. Measures for Conservation and Protection of Endangered, Valuable, and Rare Species

a) Endangered, valuable, and rare species Group I living naturally shall be conserved in place within their natural distribution areas through the establishment of nature reserves or implementing protective measures for their habitats and migration routes under relevant laws for managing and protecting them in areas where nature reserves have not been established;

b) Endangered, valuable, and rare species shall be conserved through relocation activities including rescue, artificial breeding, seedling cultivation, gene source preservation, specimen preservation of endangered, valuable, and rare species to support the restoration of wild populations; releasing back into the wild, transferring to conservation sites to protect and restore the species in their natural habitats according to biodiversity laws;

3. Management and Conservation Regime for Priority Protected Plant and Animal Germplasm, Forestry Plant Germplasm shall be implemented in accordance with laws on animal husbandry, crop cultivation, and forestry germplasm management.

Article 7. Investigation, monitoring, assessment of current status, record keeping, and retention of information on endangered, precious, and rare species

1. The contents of investigation, monitoring, and assessment of the current status of endangered, precious, and rare species include: distribution area, habitat, population status, living environment conditions; degree of threat of extinction; special values in science, healthcare, economy, ecology, landscape, environment, cultural-historical aspects; management, conservation, protection, and development status of the species.

2. Record keeping and retention of information

Organizations and individuals conducting investigations, monitoring, and assessments of the current status of endangered, precious, and rare species shall provide information according to Model No. 05 attached as Appendix II of this Circular, to be sent to the Ministry of Agriculture and Rural Development for record keeping and inclusion in the national biodiversity database.

3. Other contents regarding investigation, monitoring, and assessment of the current status of endangered, precious, and rare species shall be carried out in accordance with the regulations of the Minister of Agriculture and Rural Development concerning basic surveys on biodiversity; integrated with forest, fisheries, and biodiversity surveys as stipulated by relevant laws.

Article 8. Scientific Research on Endangered, Precious, and Rare Species

1. Scientific research activities on conservation, protection, and sustainable development of endangered, precious, and rare species shall be conducted according to approved projects and must comply with forestry, biodiversity laws, and related legal provisions.

2. Prior to conducting scientific research activities, organizations and individuals must notify the forest owners; breeders, growers; biodiversity conservation facilities; households, organizations, and individuals entrusted with land, forest, and water body management and usage at the location of the research activities.

Article 9. Handling Cases Where Endangered, Precious, and Rare Animals Harm or Threaten Human Lives and Property

1. In all cases where endangered, precious, and rare animals threaten to harm human lives or property, organizations and individuals must take measures to prevent, chase away, and limit damage to the animals while immediately informing the Department of Agriculture and Rural Development or the People's Committee of the nearest commune.

2. In cases where endangered, precious, and rare animals directly attack humans outside specially protected forests and nature reserves, after applying chasing measures but without success, the People's Committee of the commune shall decide and directly organize the capture of the animal. If the animal attacks and poses a danger to human life and cannot be prevented, chased away, or captured, defensive measures shall be applied and promptly reported to the specialized management agency in the locality.

Article 10. Harvesting Specimens of Endangered, Precious, and Rare Species from Nature

1. Situations involving harvesting specimens of endangered, precious, and rare species from nature include:

a) To serve national, ministerial, and provincial-level scientific research projects and topics that have been approved by competent authorities in accordance with the law;

b) To serve foreign affairs work as decided by the Prime Minister;

c) To exploit and collect specimens that have been approved by competent authorities in accordance with forestry laws.

2. Activities involving the harvesting of endangered, precious, and rare species that require priority protection must comply with the provisions of points a and b of Clause 1 of this Article and the following requirements:

a) The harvesting plan must be confirmed by the CITES Scientific Authority of Vietnam that the harvesting of endangered, precious, and rare species that require priority protection will not affect the existence and development of the species in nature;

b) The harvesting location must be identified, with information about the population status and habitat conditions in the harvesting area;

c) The harvesting time must not affect the reproduction, migration, habitat, and recovery capacity of the species;

d) The harvesting method must not cause harm to other individuals, habitats, or natural population structures;

đ) The quantity harvested must be at the minimum level, determined based on field survey results, ensuring it does not reduce the survival capability of the species outside nature.

3. Application dossier for harvesting in cases specified in points a and b of Clause 1 of this Article:

a) Original application for harvesting according to Model No. 06 attached as Appendix II of this Circular;

b) Original harvesting plan according to Model No. 07 attached as Appendix II of this Circular;

c) Original approval document for harvesting issued by the forest owner, organization, household, or individual entrusted with managing and using land, forests, and water bodies at the harvesting site;

d) Copy of the Decision of the competent state authority approving the project, topic, or scientific task in cases of harvesting for breeding purposes or artificial cultivation or specimen collection for scientific and technological tasks;

đ) Copy of the Decision of the Prime Minister granting or transferring specimens of endangered, precious, and rare species in cases of harvesting for foreign affairs work;

e) Confirmation document from the CITES Scientific Authority of Vietnam stating that the harvesting of endangered, precious, and rare species that require priority protection will not affect their existence and development in nature.

4. Procedures and formalities for cases specified in points a and b of Clause 1 of this Article:

a) Organizations and individuals submit one set of the dossier prescribed in Clause 3 of this Article to the Department of Agriculture and Rural Development at the harvesting location through direct submission, electronic environment, or postal services;

b) The Department of Agriculture and Rural Development shall immediately check and accept the dossier when it is complete and valid for direct submissions; check and accept within one working day for dossiers submitted via the electronic environment or postal services, and respond in writing with reasons if the dossier is incomplete or invalid;

c) Within eight working days from the date of receiving a complete and valid dossier, the Department of Agriculture and Rural Development shall complete the review and submit to the Chairman of the Provincial People's Committee for approval of the harvesting plan.

d) Within three working days from the date of receiving the dossier submitted by the Department of Agriculture and Rural Development, the Chairman of the Provincial People's Committee shall examine and issue a Decision approving the Exploitation Plan according to Model No. 08 attached as Appendix II to this Circular; in case of not approving the Exploitation Plan, notify in writing and specify the reasons.

5. Before exploitation, organizations and individuals shall send the Decision approving the Exploitation Plan to the local forest rangers' office or provincial-level fisheries management agency and the People's Committee of the commune for monitoring. Within five working days from the completion of exploitation, organizations and individuals shall submit the original Inventory List of Forest Products to the local forest rangers' office or a confirmation document of the origin of aquatic products to the provincial-level fisheries management agency for confirmation in accordance with regulations.

6. In cases of exploitation as prescribed at point c Clause 1 of this Article: The subjects and conditions for exploitation shall be carried out in accordance with the detailed regulations issued by the Government on some provisions of the Forestry Law; the components of the dossier, procedures, and processes of exploitation shall be conducted like those for common species under the regulations of the Minister of Agriculture and Rural Development on forest product management; the handling of forest products and aquatic products as state-owned assets shall be implemented.

Article 11. Procedures for listing endangered, precious, and rare species prioritized for protection into biodiversity conservation facilities; releasing animals back into the natural environment.

1. Procedures for listing endangered, precious, and rare species prioritized for protection into biodiversity conservation facilities:

a) The head of the biodiversity conservation facility shall base on the number of species and individual numbers registered when establishing the biodiversity conservation facility to determine and accept the species for breeding and cultivation within the biodiversity conservation facility;

b) Conduct health assessments of the received individual species and establish a Handover Record according to Model No. 09 attached as Appendix II to this Circular and provide legal origin proof documents in accordance with regulations on management and traceability of forest products and aquatic products;

c) Mark and open a tracking record according to Model No. 10 attached as Appendix II to this Circular;

d) Carry out quarantine and health monitoring before placing them in the breeding and cultivation area;

đ) Within three working days from the date of bringing animals and plants back to the biodiversity conservation facility, the head of the biodiversity conservation facility shall send a notification according to Model No. 11 attached as Appendix II to this Circular and a copy of the origin documentation to the Department of Agriculture and Rural Development for monitoring and management.

2. Releasing animals back into the natural environment must meet the following requirements:

a) Individual animal species intended for release into the natural environment must ensure health conditions, be free from diseases, and retain natural instincts;

b) The release location must be a natural environment suitable for the characteristics of the animal species intended for release;

c) The release of animal species bred for reproduction in breeding facilities or biodiversity conservation facilities shall be carried out in accordance with the provisions of Clause 3 of this Article;

d) In cases of releasing animal species after rescue operations, it shall be carried out in accordance with the provisions of Article 15 of this Circular, except for cases stipulated in Clause 3 of this Article.

3. Procedures for releasing animal species bred for reproduction in breeding facilities or biodiversity conservation facilities back into the natural environment:

a) Components of the dossier: Original Application for Releasing Animals Back into the Natural Environment according to Model No. 12 and the original Release Plan for Animals Back into the Natural Environment according to Model No. 13 attached as Appendix II to this Circular.

b) Procedures for implementation:

The head of the breeding facility or biodiversity conservation facility shall submit one set of the dossier as prescribed in Clause 1 of this Article to the Department of Agriculture and Rural Development where the conservation facility is located through direct submission, electronic environment, or postal service; the Department of Agriculture and Rural Development shall immediately check and accept the dossier if it is complete and valid upon direct submission; check and accept within one working day for dossiers submitted through the electronic environment or postal service, and respond in writing and specify the reasons if the dossier is incomplete or invalid.

Within three working days from the date of receiving a complete and valid dossier, the Department of Agriculture and Rural Development shall send a consultation letter to the CITES Scientific Authority of Vietnam, the specialized agency of the Ministry of Agriculture and Rural Development, relevant experts, and the authority managing the proposed release area.

Within ten working days from the date of receiving the consultation letter from the Department of Agriculture and Rural Development, the CITES Scientific Authority of Vietnam, the specialized agency of the Ministry of Agriculture and Rural Development, relevant experts, and the authority managing the proposed release area shall respond in writing.

Within three working days from the date of receiving the consultation results, the Department of Agriculture and Rural Development shall approve the Release Plan for Animals Back into the Natural Environment according to Model No. 14 attached as Appendix II to this Circular; in case of refusal to approve or no receipt of consultation results, notify in writing and specify the reasons.

4. The head of the breeding facility or biodiversity conservation facility shall cooperate with relevant agencies to implement the release of animals back into the natural environment according to the approved plan; establish a Record according to Model No. 15 attached as Appendix II to this Circular and report the implementation results to the Department of Agriculture and Rural Development.

5. The head of the breeding facility or biodiversity conservation facility shall cooperate with the Department of Agriculture and Rural Development, the agency responsible for managing and using land, forests, and water bodies related to the release site, to monitor and protect the released animal species.

5. The owner of the breeding facility, the biodiversity conservation facility shall cooperate with the Department of Agriculture and Environment, the agency responsible for managing and using land, forests, water bodies related to the release of animals to monitor and protect that species of animal.

Article 12. Relocation for Conservation of Animals and Plants Listed in the Priority Protected Species Catalogue

1. Cases of relocation of priority protected endangered, precious, and rare species:

a) The living habitat has deteriorated, shrunk, or been fragmented to the point where it is no longer suitable for the species to maintain its survival or reproduction;

b) The natural population of the species has severely declined or exists in isolated, scattered individual states, increasing the risk of extinction;

c) The population has increased beyond the carrying capacity of the habitat, posing a risk of ecological imbalance or affecting other species.

2. Procedures for Implementation

a) The Department of Agriculture and Environment shall develop a relocation conservation plan for priority protected endangered, precious, and rare species according to Model No. 16 attached as Appendix II of this Circular and submit it to the People's Committee of the province where the relocation conservation activity will be carried out;

b) Within seven working days from the date of receipt of the relocation conservation plan, the People's Committee of the province shall review and approve the plan according to Model No. 17 attached as Appendix II of this Circular. If necessary, the People's Committee of the province may consult scientific agencies and relevant state management agencies following the procedure as follows:

Within three working days from the date of receipt of the relocation plan, the People's Committee of the province shall send a consultation letter to the Scientific Agency of CITES Vietnam, relevant state management agencies, and the People's Committee of the receiving province in case the receiving location for the priority protected species relocation is in another province.

Within fifteen working days from the date of receipt of the consultation letter from the People's Committee of the province, the Scientific Agency of CITES Vietnam, relevant state management agencies, and the People's Committee of the receiving province shall respond in writing.

Within three working days from the date of receipt of the consultation results, the People's Committee of the province shall approve the relocation plan; if refusing approval or not receiving consultation results, it shall notify in writing and specify the reasons.

3. The Department of Agriculture and Environment shall coordinate with the Management Board of the Natural Reserve Area or the managing unit where the relocation conservation activity takes place to monitor and evaluate the priority protected endangered, precious, and rare species individuals after the relocation activity and report the implementation results to the agency issuing the relocation conservation decision.

Article 13. Exchange and Gift of Specimens of Priority Protected Endangered, Precious, and Rare Species

1. Exchange and gift of specimens of priority protected endangered, precious, and rare species shall be conducted for purposes of biodiversity conservation, scientific research, and eco-tourism.

2. Contents of the application documents:

a) Original Application Form according to Model No. 18 attached as Appendix II of this Circular;

b) Copy of the Record of Breeding and Cultivation according to Model No. 10 attached as Appendix II of this Circular, accompanied by legal origin documentation of the specimen as required by relevant laws;

c) Copy of the Agreement on Exchange and Gift according to Model No. 19 attached as Appendix II of this Circular.

3. Procedures and Formalities for Issuing Permits:

a) Organizations and individuals shall submit one set of documents stipulated in Clause 2 of this Article to the Department of Agriculture and Environment either directly, through electronic means, or via public postal services;

b) The Department of Agriculture and Rural Development shall immediately check and accept the dossier when it is complete and valid for direct submissions; check and accept within one working day for dossiers submitted via the electronic environment or postal services, and respond in writing with reasons if the dossier is incomplete or invalid;

c) Within fifteen working days from the date of receipt of valid documents, the Department of Agriculture and Environment shall examine the documents and issue a permit for the exchange and gift of specimens of priority protected endangered, precious, and rare species according to Model No. 20 attached as Appendix II of this Circular; if not issuing the permit, it shall notify in writing and specify the reasons.

4. In cases of exchange and gift of specimens that are not state assets between biodiversity conservation facilities: The facility owner must send an agreement on exchange and gift according to Model No. 19 and a notification form according to Model No. 21 attached as Appendix II of this Circular to the Department of Agriculture and Environment at least five working days before the planned exchange or gift; update the breeding and cultivation record at the facility after the exchange or gift activity.

5. The permit for the exchange and gift of specimens of priority protected endangered, precious, and rare species can only be used once and is valid for six months from the date of issuance.

Article 14. Storage and transportation of specimens of endangered, precious, and rare species

Organizations and individuals storing and transporting specimens of endangered, precious, and rare species must ensure compliance with the following requirements:

1. Storage and transportation of specimens of endangered, precious, and rare species must have a legal origin in accordance with the provisions of forestry, fisheries, and biodiversity laws.

2. Living specimens must be kept and cared for in a manner appropriate to the characteristics of each species, ensuring safety for people and animals.

3. Transportation of living specimens must ensure safety for the specimens and persons experienced or skilled in caring for them during transportation and at the receiving facility.

4. The storage and preservation of genetic resources shall be carried out at facilities for preserving microorganisms and fungi that are endangered, precious, and rare, prioritized for protection and preservation of genetic resources and genetic specimens, which have been certified as biodiversity conservation facilities.

Article 15. Rescue of Animals

1. Live animals that have lost their natural habitat, are lost, injured, or sick shall be rescued at breeding or biodiversity conservation facilities authorized by competent authorities to operate in accordance with regulations.

2. The procedures and formalities for rescuing live animals that are evidence, exhibits, or voluntarily transferred ownership to the state by their owners shall be implemented in accordance with the regulations of the Minister of Agriculture and Environment on forest product management; handling forest products and aquatic products that are national assets.

3. Procedures for rescuing animals that have lost their natural habitat, are lost, injured, or sick, except in cases stipulated in Clause 2 of this Article:

a) Organizations and individuals who discover lost, injured, or sick animals or those that have lost their natural habitat must immediately report to the People's Committee of the commune where they were found to promptly organize rescue operations;

b) Within one working day from receiving the information, the People's Committee of the commune shall organize inspections, acceptances, and prepare the Handover Record of Animals according to Model No. 09 attached as Appendix II to this Circular; publicly announce in writing at the office premises and through mass media about the animals to verify ownership and lawful managers. The announcement and verification period is five working days;

During the announcement period, the People's Committee of the commune has the responsibility to transfer the animals to a conservation facility authorized to operate for rescue and care in accordance with the law; if there is no suitable conservation facility, it shall be transferred to a breeding facility that has been assigned a breeding facility code;

Upon expiration of the announcement period as prescribed, if the owner or lawful manager cannot be identified or the animal is not considered evidence or exhibit of a legal violation, the People's Committee of the commune shall cooperate with the specialized agency of the Department of Agriculture and Environment and the breeding or biodiversity conservation facility to decide on the disposal of the animal in accordance with Clause 4 of this Article.

4. Forms of post-rescue disposal of animals:

a) Release animals back into a natural environment suitable for their survival conditions, ensuring safety for the animals, humans, and the environment;

b) Transfer to breeding or biodiversity conservation facilities authorized to continue care, breeding, research, or environmental education services;

c) Transfer to organizations for research, training, and environmental education after approval in writing by the Department of Agriculture and Environment;

d) For animals belonging to endangered, precious, and rare species prioritized for protection that do not meet the conditions for release into nature, priority should be given to transferring them to biodiversity conservation facilities for care, breeding, recovery, and conservation. In cases where the biodiversity conservation facility does not have the capacity to accept, the People's Committee of the commune shall cooperate with the Department of Agriculture and Environment to organize the transfer to other legitimate breeding facilities in accordance with the law.

5. In cases where animals die during the rescue process, the facility managing the animals shall be responsible for preparing a confirmation record, reporting to the People's Committee of the commune where the rescue took place, and proposing the disposal of the animals.

6. In cases where animals reproduce during the rescue process, within three working days from the date of reproduction, the facility managing the animals shall be responsible for reporting in writing to the specialized agency of the Department of Agriculture and Environment regarding the number of offspring born; deciding whether to continue breeding or release them back into the natural environment; the procedures for releasing the species back into the natural environment shall be carried out in accordance with Clause 3 of Article 11 of this Circular.

7. In cases where animals suffer from dangerous infectious diseases or are unable to recover, destruction shall be carried out in accordance with veterinary, environmental protection laws, and related regulations. The destruction process shall involve representatives of the main organizing body for animal destruction; the specialized agency of the Department of Agriculture and Environment, the People's Committee of the commune where the destruction takes place; the main organizing body may invite witnesses and other relevant organizations and individuals to participate.

Mục 2. BREEDING AND CULTIVATING ENDANGERED, RARE, AND VALUABLE SPECIES THAT ARE PRIORITIZED FOR PROTECTION; ESTABLISHING BIOLOGICAL DIVERSITY CONSERVATION FACILITIES

Article 16. Breeding and Cultivating Endangered, Rare, and Valuable Species That Are Prioritized for Protection

1. Breeding endangered, rare, and valuable species that are prioritized for protection for the purpose of conserving biological diversity, scientific research, and eco-tourism shall be carried out at conservation facilities that have been certified with certificates, complying with the provisions set forth in Article 17 of this Circular and the following requirements:

a) Ensuring the legal origin of the species in accordance with relevant laws;

b) Ensuring the number of species bred and individuals does not exceed the list of species already permitted as attached to the Certificate of Conservation Facility;

c) Having a Breeding Plan according to Model No. 22 attached as Appendix II of this Circular;

d) For breeding purposes serving eco-tourism: displaying only those species listed in the permit attached to the Certificate of Conservation Facility; not displaying individuals suffering from illness or injury, pregnant, or nursing offspring.

2. Artificial cultivation of endangered, rare, and valuable plant species that are prioritized for protection for the purpose of conserving biological diversity, scientific research, and eco-tourism shall be carried out at conservation facilities when complying with the provisions set forth in Article 18 of this Circular.

3. Replanting endangered, rare, and valuable plant species that are prioritized for protection in their natural habitats:

a) Prioritizing replanting within natural reserves in the natural habitat of the species;

b) The management board of the natural reserve shall establish and submit to the competent authority for approval and implementation of the replanting project of endangered, rare, and valuable plant species that are prioritized for protection according to the species conservation plan in the natural reserve;

c) Units entrusted with managing and using land, forests, and water bodies outside the national park and conservation areas where the replanting project is expected to take place shall cooperate with organizations and individuals implementing the replanting project of endangered, rare, and valuable plant species that are prioritized for protection.

4. In cases where animals fall ill, die, or reproduce during the breeding process, the facility owner must report to the local fisheries or forest protection authorities for handling in accordance with relevant laws.

Article 17. Breeding Endangered, Rare, and Valuable Species That Are Prioritized for Protection at Biological Diversity Conservation Facilities

1. Requirements for land area, housing, and infrastructure:

a) The size of the facility must be appropriate for the scale and species registered for breeding;

b) Housing must have dimensions and design suitable for the biological characteristics of the species being bred, meeting standards issued by the competent authority or designed according to guidelines published by international organizations recognized as suitable for the ecological and biological needs of the species being bred by the relevant specialized Vietnam CITES Scientific Authority;

c) Meeting environmental hygiene, veterinary, and safety conditions for both humans and the species being bred;

d) Having means and equipment for receiving and transferring the species being bred when necessary;

đ) Having isolation areas to prevent disease outbreaks during monitoring;

e) For large mammals, there must be areas for restoring wild behavior in cases of captive breeding for conservation.

2. Requirements for human resources:

a) Technical staff responsible for examining and treating animals at the conservation facility must hold a degree in veterinary science, animal husbandry, or aquaculture;

b) Staff responsible for caring for and breeding animals must have a certificate in animal care, breeding, and disease prevention training.

3. Requirements for financial capacity and facility management:

a) Having sufficient financial resources to operate the conservation facility and to handle situations involving the species being bred if the facility ceases operations or is dissolved;

b) Having organizational structures, operational mechanisms, and supervision of facility activities;

c) Having breeding, care, and feeding procedures, labor standards, and disease prevention plans suitable for the species being bred;

d) Having conservation, breeding, and release plans for endangered, rare, and valuable species that are prioritized for protection back into their natural environment; plans for implementing educational activities to raise awareness about biodiversity conservation for facilities with eco-tourism activities; research plans to conserve priority protected species;

đ) Having disease prevention, environmental protection, and emergency risk management plans.

Article 18. Artificial cultivation of endangered, precious, and rare plant species prioritized for protection at biodiversity conservation facilities

1. Requirements for physical infrastructure:

a) The artificial cultivation facility must be constructed to meet standards issued by competent authorities or designed according to guidelines published by international organizations and confirmed by the Scientific Authority of CITES Vietnam as suitable for the biological and ecological characteristics of the cultivated species;

b) The area of the facility must be appropriate for the scale and the registered artificial cultivation of plant species;

c) There must be equipment for caring for, planting, and artificially cultivating the species;

d) There must be equipment for treating waste and controlling the spread of diseases to the surrounding environment.

2. Requirements for human resources:

Technical staff at the conservation facility must have degrees in biology, biotechnology, plant quarantine, agriculture, or related fields.

3. Requirements for financial capacity and facility management:

a) Financial resources must ensure the operation of the conservation facility and contingency measures for the artificially cultivated species in case the facility ceases operations or is dissolved;

b) Having organizational structures, operational mechanisms, and supervision of facility activities;

c) There must be procedures and techniques for artificially cultivating the species at the facility.

Article 19. Wildlife Rescue Facilities

1. Requirements for land area, housing, and infrastructure:

a) Must meet standards issued by competent authorities or designed according to guidelines published by international organizations and confirmed by the Scientific Authority of CITES Vietnam as suitable for the ecological and biological characteristics of the rescued species;

b) The area of the facility must be appropriate for the scale and the registered rescued species; there must be isolation areas for newly received animals before they are released back into their natural habitats;

c) There must be enclosures, cages, and tanks that provide a suitable living environment consistent with the biological and ecological characteristics, maintaining the wild behavior of the species intended for rescue;

d) There must be equipment for caring for, protecting the environment, preventing disease, and ensuring safety for both people and rescued species;

đ) There must be means and equipment for receiving and transferring rescued species when necessary.

2. Requirements for human resources:

a) Technical staff must have degrees in veterinary science, veterinary animal husbandry, or aquaculture; aquatic pathology for aquatic veterinary practice or related fields such as biology, forestry, and fisheries;

b) Staff responsible for rescuing and caring for animals must have certificates in professional training for animal care, feeding, and disease prevention.

3. Requirements for financial capacity and facility management:

a) Financial resources must ensure the operation of the rescue facility and contingency measures for the rescued species in case the facility ceases operations or is dissolved;

b) Having organizational structures, operational mechanisms, and supervision of facility activities;

c) There must be rescue and care procedures for animals, feed rations, and labor costs during the rescue process.

Article 20. Preservation of Endangered, Precious, and Rare Native Microorganisms and Fungi, and Genetic Resource and Genetic Sample Storage at Biodiversity Conservation Facilities

1. Requirements for physical infrastructure:

a) Must meet standards issued by competent authorities or designed according to guidelines published by international organizations and confirmed by relevant specialized agencies as suitable for the preserved and stored species;

b) The area of the facility must be appropriate for the scale and the registered preservation and storage;

c) There must be equipment for processing samples before long-term storage;

d) There must be storage rooms designed for long-term sample preservation, unaffected by surrounding environmental conditions;

đ) There must be analytical equipment necessary for testing and determining the quality of genetic resources and genetic samples;

e) There must be equipment for treating waste, controlling the spread of diseases to the surrounding environment; ensuring biosafety conditions as prescribed by law.

2. Requirements for human resources:

Technical staff must have a bachelor's degree or higher in biology, biotechnology, or related scientific fields.

3. Requirements for financial capacity and facility management:

a) Financial resources must ensure the operation of the conservation facility and contingency measures in case the facility ceases operations or is dissolved;

b) Having organizational structures, operational mechanisms, and supervision of facility activities;

c) There must be procedures and techniques for preserving endangered, precious, and rare native microorganisms and fungi, storing genetic resources and genetic samples at biodiversity conservation facilities.

Article 21. Procedures for Issuing Certificates for Biodiversity Conservation Facilities

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) The original Application Form for Certificate of Biodiversity Conservation Facility according to Model No. 23 in Appendix II issued together with this Circular;

b) The original Project for Establishing a Biodiversity Conservation Facility according to Model No. 24 in Appendix II issued together with this Circular.

2. Procedures and Formalities

a) Organizations and individuals submit one set of documents as prescribed in Clause 1 of this Article to the Department of Agriculture and Rural Development directly, through electronic means, or via postal services, public postal services;

b) The Department of Agriculture and Rural Development shall immediately check and accept the dossier when it is complete and valid for direct submissions; check and accept within one working day for dossiers submitted via the electronic environment or postal services, and respond in writing with reasons if the dossier is incomplete or invalid;

c) Within twenty-two working days from the date of receiving complete and valid documents, the Department of Agriculture and Rural Development shall submit to the Chairman of the Provincial People's Committee to establish the Appraisal Board, organize the appraisal and conduct on-site inspections. The Appraisal Board must have at least seven members, including: one Chairperson who is a Leader of the Department of Agriculture and Rural Development; one Deputy Chairperson when necessary; one Secretary member and other members representing provincial state management agencies on agriculture and environment, science and technology; the Scientific Agency of CITES Vietnam and relevant experts;

d) Within three working days from the date of receiving the appraisal results, the Department of Agriculture and Rural Development shall submit to the Chairman of the Provincial People's Committee for consideration and issuance of the Decision on Granting the Certificate of Biodiversity Conservation Facility;

đ) Within two working days from the date of receiving the submitted documents, the Chairman of the Provincial People's Committee shall consider and issue the Decision on Granting the Certificate of Biodiversity Conservation Facility according to Model No. 25 in Appendix II issued together with this Circular; in case of non-granting, notify in writing and specify the reasons;

3. Amendment and Supplement of Certificate for Biodiversity Conservation Facility: In case there is a change or addition of information regarding location, type, scale, or species in the list of species already granted the Certificate for Biodiversity Conservation Facility, the organization or individual must request amendment and supplement of the Certificate within thirty days from the date of change; the procedures and implementation process follow the provisions of Clauses 1 and 2 of this Article;

4. Before December 31 each year, the head of the biodiversity conservation facility is responsible for reporting the status of conservation of species listed in the Catalogue of Precious and Rare Species under Priority Protection according to Model No. 26 in Appendix II issued together with this Circular to the Provincial People's Committee through the Department of Agriculture and Rural Development;

Article 22. Revocation of Certificate for Biodiversity Conservation Facility

1. A Biodiversity Conservation Facility shall have its Certificate revoked if it falls under any of the following circumstances:

a) The Biodiversity Conservation Facility ceases operations for one month or more;

b) The Biodiversity Conservation Facility commits violations of the law to the extent of being criminally prosecuted for offenses related to the management of precious and rare species under priority protection;

c) The Biodiversity Conservation Facility does not meet the provisions of Articles 17, 18, 19, and 20 of this Circular;

d) After twelve months from the effective date of the Decision on Granting the Certificate for Biodiversity Conservation Facility, the facility has not carried out activities according to the approved establishment plan;

đ) State agencies discover that organizations or individuals provide false documents to obtain the Certificate;

2. Procedures for Revoking the Certificate for Biodiversity Conservation Facility:

a) Within seven working days from the date of receiving the information as stipulated in Clause 1 of this Article, the Department of Agriculture and Rural Development shall verify, compile, and submit to the Chairman of the Provincial People's Committee for consideration and issuance of the Decision to revoke the Certificate for Biodiversity Conservation Facility;

b) Within three working days from the date of receiving the submitted documents of the Department of Agriculture and Rural Development, the Chairman of the Provincial People's Committee shall consider and issue the Decision to Revoke the Certificate for Biodiversity Conservation Facility according to Model No. 27 in Appendix II issued together with this Circular;

3. Within thirty working days from the date the Chairman of the Provincial People's Committee issues the Decision to Revoke the Certificate for Biodiversity Conservation Facility, the facility owner must transfer animals and plants to a qualified biodiversity conservation facility according to the provisions of this Circular, prepare a handover record according to Model No. 09 in Appendix II issued together with this Circular, and send it to the Department of Agriculture and Rural Development for monitoring and management.

Mục 3. PROCESSING AND TRADING OF SPECIMENS OF ENDANGERED, PRECIOUS, AND RARE SPECIES; RAISING COMMON WILDLIFE ANIMALS

- Office of the President of the StateArticle 23. Processing and Trading of Specimens of Endangered, Precious, and Rare Species

1. Processing and trading shall only be carried out in the following cases:

a) Specimens of animal species with origins from captive breeding starting from the F2 generation at breeding facilities that have been assigned identification codes, except where CITES prohibits or restricts trade. The Department of Forestry and Forest Protection will announce on the Ministry of Agriculture and Rural Development's electronic portal the CITES regulations regarding prohibitions or restrictions on trade for species related to Vietnam as specified in Appendix II Model Number 28 issued together with this Circular;

b) Specimens of plant species with origins from artificial propagation at facilities that have been assigned identification codes;

c) Specimens with origins from imports and lawful ownership as stipulated by law;

d) Specimens collected through incidental take or utilization as prescribed in Article 10 of this Circular.

2. Processing and trading of specimens of endangered, precious, and rare protected wildlife species for commercial purposes shall only be carried out with individuals from the F2 generation of species determined by the Vietnamese Scientific Authority of CITES to have the ability to reproduce over multiple generations in controlled environments, and such activities must comply with forestry and fisheries laws regarding traceability.

3. Processing and trading of specimens of animals and plants listed in CITES Appendix I shall be treated as specimens of endangered, precious, and rare forest plants and animals Group I; processing and trading of specimens of animals and plants listed in CITES Appendices II and III shall be treated as specimens of endangered, precious, and rare forest plants and animals Group II.

4. Processing and trading of specimens of aquatic species listed in CITES Appendices shall be carried out in accordance with fisheries laws, except for aquatic species that are also listed as endangered, precious, and rare forest plants and animals, which shall be handled according to the provisions of this Circular.

5. Investment in trading specimens harvested from nature of species listed in Group II of the List of Endangered, Precious, and Rare Forest Plants and Animals issued together with this Circular, and simultaneously listed in CITES Appendix III under the Investment Law, shall be conducted in accordance with investment laws.

Article 24. Raising Common Wildlife Animals

1. Raising common wildlife animals must ensure:

a) Legal origin as stipulated by the Minister of Agriculture and Rural Development concerning forest product management; handling of forest products and aquatic resources as state-owned assets;

b) Safety for humans; compliance with environmental and veterinary laws. For species that have standards and technical regulations for enclosures and farms established by competent state authorities, these standards and technical regulations must be followed; in cases where there are no standards and technical regulations for enclosures and farms, the owner of the breeding facility is encouraged to establish and apply their own standards or international standards and bear legal responsibility for applying such standards.

2. Organizations and individuals raising common wildlife animals must record in a tracking logbook according to Model Number 10 of Appendix II issued together with this Circular; within a maximum period of three working days from the date of bringing common wildlife animals to the breeding facility, organizations and individuals must submit a notification according to Model Number 11 of Appendix II issued together with this Circular along with a copy of the origin documentation of the animals to the local Forest Protection Authority for monitoring and management.

IMPLEMENTATION OF CITES

Chapter III

IMPLEMENTATION OF CITES

Section 1. RAISING AND GROWING

Article 25. Raising and Growing Species Listed in CITES Appendices

1. Raising facilities and growing facilities must be assigned facility codes for raising and growing, except in cases provided for in Clause 2 of this Article.

2. Cases where registration of facility codes for raising and growing is not mandatory:

a) Raising and growing aquatic species listed in CITES Appendices shall be carried out in accordance with fisheries laws, except for raising and growing aquatic species listed in Appendix I of CITES for commercial export purposes or aquatic species that are also listed as rare and precious forest plants and animals, which shall be implemented in accordance with this Circular;

b) Raising and growing species listed in Appendix I of CITES that are also included in the List of Priority Protected Species for Serving Biodiversity Conservation, Scientific Research, and Ecotourism shall be implemented in accordance with Section 2 of Chapter II of this Circular;

c) Raising less than 10 individuals of non-venomous animals belonging to the classes of birds, reptiles, insects, amphibians, or less than 02 individuals of mammals listed in Appendices II and III of CITES, not for commercial purposes. In cases of raising multiple species, the total number of individuals of the raised animal species shall not exceed 10; raising animal species without natural distribution in Vietnam shall be implemented in accordance with Point d, Clause 3 of this Article;

d) Growing less than 30 individuals of plant species listed in Appendices II and III of CITES, not for commercial purposes. In cases of growing multiple species, the total number of individuals of the grown plant species shall not exceed 30.

3. Raising and growing species listed in CITES Appendices must ensure:

a) Legal origin in accordance with the Minister of Agriculture and Rural Development's regulations on forestry management; processing of forestry and fishery products that are national property or have legitimate plant breeding records in accordance with the Minister of Agriculture and Rural Development's regulations on plant breeding management for cases of growing forestry plant species;

b) Safety for humans; compliance with environmental and veterinary laws;

c) For cases of raising mammal species listed in Appendix I of CITES, marking must be conducted in accordance with the Minister of Agriculture and Rural Development's regulations on forestry management; processing of forestry and fishery products that are national property for management and traceability;

d) For cases of raising and growing species listed in CITES Appendices without natural distribution in Vietnam and being registered for the first time in Vietnam, the Vietnamese CITES Scientific Authority must confirm in writing that such raising and growing will not affect the existence of the raised and grown species and related species in nature.

4. Exploitation, sale, transfer of ownership, transportation of specimens from raising and growing facilities that have been assigned codes or cases specified in Points c and d, Clause 2 of this Article: The owner of the raising and growing facilities must update information in Register Form No. 10 of Appendix II issued together with this Circular and comply with forestry product record requirements as stipulated by the Minister of Agriculture and Rural Development regarding forestry management; processing of forestry and fishery products that are national property.

5. Responsibilities of organizations and individuals raising and growing:

a) Within three working days from the date of bringing animals and plants to the raising and growing facilities, organizations and individuals must submit notification in Register Form No. 11 of Appendix II issued together with this Circular and copies of the origin documents of the animals and plants to the local Forest Protection Agency for monitoring and management;

b) Maintain a register to track raising and growing activities and accurately and promptly record all relevant information in Register Form No. 10 of Appendix II issued together with this Circular;

c) Implement measures to ensure safety for humans; comply with environmental and veterinary laws;

d) For cases specified in Points c and d, Clause 2 of this Article, organizations and individuals raising and growing animals and plants must comply with Points a, b, and c of this Clause and Clause 3 of this Article. If there is a need to register for facility codes or when the number of raised and grown animals and plants exceeds the specified limits in Points c and d, Clause 2 of this Article, organizations and individuals must apply for facility codes in accordance with Article 26 of this Circular.

Article 26. Registration of Codes for Breeding and Cultivation Facilities of Species Listed in CITES Appendices

1. Codes for breeding and cultivation facilities of species listed in CITES Appendices shall be issued before breeding or cultivation activities commence.

2. Issuing authorities:

a) The provincial Forest Protection Authority shall issue codes for breeding and cultivation facilities of species listed in CITES Appendices, except as provided in point b of this Clause;

b) The provincial State Management Authority on Aquatic Resources shall issue codes for breeding and cultivation facilities of aquatic species listed in CITES Appendix I for commercial export purposes. For aquatic species listed in CITES Appendix I that are bred or cultivated for domestic trade or non-commercial export, or for species listed in CITES Appendices II and III, the provisions of the Law on Aquatic Resources shall apply.

3. Documents for requesting issuance of codes for breeding and cultivation facilities:

a) Original Application for Code Issuance for Breeding and Cultivation Facilities according to Model No. 30 attached as Appendix II to this Circular;

b) Original Breeding Plan according to Model No. 22 and Cultivation Plan according to Model No. 31 attached as Appendix II to this Circular.

4. Procedure for implementation:

a) Organizations and individuals submit one set of documents specified in Clause 3 of this Article directly to the issuing authority specified in Clause 2 of this Article, through electronic environment, or via public postal service or postal service;

b) The issuing authority shall check and accept the documents immediately if they are complete and valid when submitted directly; check and accept within one working day for documents submitted through electronic environment or via public postal service or postal service, and respond in writing with specific reasons if the documents are incomplete or invalid;

c) Within three working days from the date of receiving valid documents, the issuing authority shall issue codes for breeding and cultivation facilities according to Model No. 32 attached as Appendix II to this Circular; if not issuing a code, notify in writing with specific reasons;

d) In case of need for on-site inspection, within fifteen working days from the date of receiving valid documents, the issuing authority shall conduct on-site inspection and issue codes for breeding and cultivation facilities according to Model No. 32 attached as Appendix II to this Circular; if not issuing a code, notify in writing with specific reasons;

đ) In case of breeding or cultivating species listed in CITES Appendices which do not have natural distribution in Vietnam and are registered for the first time in Vietnam, within two working days from the date of receiving valid documents, the issuing authority shall send a letter to the CITES Scientific Authority of Vietnam requesting confirmation that breeding or cultivation will not affect the existence of the species and related species in nature;

Within six working days from the date of receiving the request for confirmation, the CITES Scientific Authority of Vietnam shall reply in writing to the issuing authority;

Within two working days from the date of receiving the confirmation letter, the issuing authority shall issue codes for breeding and cultivation facilities according to Model No. 32 attached as Appendix II to this Circular; if not issuing a code or not receiving a confirmation letter from the CITES Scientific Authority of Vietnam, notify in writing with specific reasons;

In case of on-site inspection, within fifteen working days from the date of receiving valid documents, the issuing authority shall conduct on-site inspection, seek advice from the CITES Scientific Authority of Vietnam, and issue codes for breeding and cultivation facilities according to Model No. 32 attached as Appendix II to this Circular; if not issuing a code or not receiving a confirmation letter from the CITES Scientific Authority of Vietnam, notify in writing with specific reasons.

e) In case of breeding or cultivating species listed in CITES Appendix I for commercial export, within ten working days from the date of receiving valid documents, the issuing authority shall conduct on-site inspection if necessary, and submit the documents to the CITES Management Authority of Vietnam for submission to the CITES Secretariat;

Within two working days from the date of receiving the documents, the CITES Management Authority of Vietnam shall forward the documents to the CITES Secretariat;

Within two working days from the date of receiving the results from the CITES Secretariat, the CITES Management Authority of Vietnam shall notify the issuing authority in writing;

Within two working days from the date of receiving the notification from the CITES Management Authority of Vietnam, the issuing authority shall issue codes for breeding and cultivation facilities; if not issuing a code, notify in writing with specific reasons.

5. Amendment and Supplement of Information in Codes for Breeding and Cultivation Facilities: Within thirty days from the date of change or supplementation of information regarding location, purpose, form, scale of breeding or cultivation, or addition of species bred or cultivated, or change in CITES Appendices or Groups of Species already assigned codes, the facility owner must request amendment or supplementation of information in the codes for breeding and cultivation facilities: Documents include the previously issued code and the documents specified in Clause 3 of this Article; procedures follow the provisions of Clause 4 of this Article.

6. Revocation of Codes for Breeding and Cultivation Facilities:

a) Codes for breeding and cultivation facilities shall be revoked in any of the following cases: The facility has announced cessation of operations; the facility has changed ownership; the facility has ceased operations continuously for twelve months since the issuance of the code; the facility owner has engaged in illegal exploitation, hunting, capture, killing, breeding, keeping, cultivation, storage, transportation, purchase, sale, export, or import of specimens of endangered, precious, rare species, or species listed in CITES Appendices, and has been administratively punished or criminally prosecuted;

b) Within seven working days from the date of receiving any of the information as stipulated in point a of this Clause, the issuing authority specified in Clause 2 of this Article shall decide to revoke the code according to Model No. 33 attached as Appendix II to this Circular;

c) Within sixty days from the effective date of the Decision to Revoke the Code, the facility owner must transfer animals and plants to facilities meeting the conditions stipulated in this Circular. Failure to do so beyond this period, the issuing authority shall prepare a record and handle it according to regulations.

7. During the breeding and cultivation process, the subject of the breeding facility and cultivation facility shall be responsible for implementing the registered Plan accurately, fully, and promptly in the breeding and cultivation monitoring book as prescribed in Point b Clause 5 Article 25 of this Circular.

The agency issuing code numbers shall manage, supervise, and conduct regular or spot checks on breeding facilities and cultivation facilities in accordance with regulations.

Section 2. EXPORT, IMPORT, REEXPORT, IMPORT FROM THE SEA AND TRANSIT

Article 27. Export, Reexport, Import, Import from the Sea, and Transit of Specimens of Wild Fauna and Flora Species Listed in Appendix CITES

1. Activities of exporting, reexporting, importing, and importing from the sea specimens of wild fauna and flora species listed in Appendix CITES must have a CITES permit issued by the competent authority managing CITES in Vietnam, except for cases stipulated in Clause 6 of this Article.

2. Issuance of CITES export permits for specimens of wild fauna and flora species listed in Appendix CITES originating from natural exploitation in the following cases:

a) To serve national, ministerial, or provincial-level scientific research projects approved by the competent authority;

b) To serve foreign affairs activities as decided by the Prime Minister.

3. Issuance of CITES export permits for specimens of wild fauna and flora species listed in Appendix CITES originating from captive breeding, captive propagation, and artificial cultivation in the following cases:

a) For specimens of species listed in Appendix I CITES: Specimens of animal species exported from the F2 generation onwards bred at a breeding facility that has been assigned a facility code by the CITES Secretariat; specimens from a captive propagation facility exported for non-commercial purposes; specimens of plant species exported artificially cultivated from a cultivation facility that has been assigned a facility code by the CITES Secretariat;

b) For specimens of species listed in Appendices II and III CITES: Specimens of animal species exported from the F2 generation onwards bred at a facility that has been assigned a breeding facility code; specimens from a captive propagation facility exported for non-commercial purposes; specimens of plant species exported artificially cultivated from a facility that has been assigned a cultivation facility code;

c) For specimens of aquatic species listed in Appendix CITES: Specimens bred from the F2 generation for species listed in Appendix I CITES that have been assigned a breeding facility code by the CITES Secretariat; specimens bred from the F2 generation for species listed in Appendices II and III CITES from a facility that has been issued a breeding facility certificate; specimens artificially cultivated from a facility that has been assigned a cultivation facility code by the CITES Secretariat or a facility issued a cultivation facility certificate in accordance with fisheries law.

4. Issuance of CITES import permits from the sea for wild fauna and flora species listed in Appendix CITES in cases meeting the following requirements:

a) Ensuring legal origin in accordance with fisheries law;

b) For specimens of species listed in Appendix I CITES imported from the sea for non-commercial purposes.

5. In cases where specimens of wild fauna and flora species listed in Appendix CITES are imported into Vietnam before the effective date of the announcement suspending trade in those specimens from the CITES Secretariat, the competent authority managing CITES in Vietnam shall issue CITES import permits for such consignments in accordance with Article 30 of this Circular, except where the CITES Secretariat issues a different announcement.

6. Cases not requiring CITES permits issued by the competent authority managing CITES in Vietnam:

a) Import of pre-CITES specimens:

In cases where specimens of a species listed in Appendix CITES were exported or reexported before the CITES provisions applicable to that species came into effect: organizations and individuals submit to customs authorities copies of waybills or other transport documents of equivalent value for the imported consignment.

In cases where pre-CITES specimens were exported or reexported after the CITES provisions applicable to that species came into effect: organizations and individuals submit to customs authorities original CITES export or reexport permits or pre-CITES certificates issued by the exporting or reexporting country;

b) Import of specimens of aquatic species (excluding reptiles and amphibians) listed in Appendix I CITES originating from breeding or cultivation facilities that have been assigned facility codes by the CITES Secretariat, Appendices II and III CITES: organizations and individuals importing specimens submit to customs authorities original CITES export or reexport permits;

c) Import of specimens of species listed in Appendix III CITES from countries that have not proposed listing the species in CITES: organizations and individuals importing specimens submit to customs authorities copies of export origin certificates issued by the exporting country;

d) Import of finished products listed in Appendix I CITES that have been assigned facility codes by the CITES Secretariat, Appendices II and III CITES: organizations and individuals importing specimens submit to customs authorities original CITES export or reexport permits;

đ) Transit of specimens of wild fauna and flora species listed in Appendix CITES: organizations and individuals conducting transit submit to customs authorities copies of CITES export or reexport permits issued by the exporting or reexporting country;

e) Export, import, and reexport of personal or household items listed in Appendix I CITES within the limits specified by CITES. The Department of Forestry and Forest Protection will announce on the Ministry of Agriculture and Rural Development's website the quantity of personal or household items allowed to be exported, reexported, or imported without a CITES permit according to Model No. 34 of Appendix II issued together with this Circular.

Article 28. CITES Permit

1. The CITES Permit specified in Form No. 35 Appendix II issued together with this Circular applies to the export, import, re-export, and domestic import from foreign waters of specimens of species of animals and plants listed in the Appendices of CITES; and the export of specimens of endangered, precious, and rare species.

2. The maximum validity period for the CITES Export Permit and Re-export Permit is six months; the maximum validity period for the CITES Import Permit is twelve months, counted from the date of issuance.

3. The CITES Permit shall be issued in one original copy or electronic form and can only be used once.

4. The number of CITES Import Permits issued shall correspond to the number of CITES Export Permits and Re-export Permits issued by the CITES Management Authority responsible for export and re-export.

Article 29. Procedures and Formalities for Issuing CITES Export and Re-export Permits for Specimens of Species of Animals and Plants Listed in the Appendices of CITES

1. The CITES Export and Re-export Permits are issued by the CITES Management Authority of Vietnam.

2. Contents of the application documents:

a) An original application for a CITES Permit according to Form No. 36 Appendix II issued together with this Circular;

b) A certified copy of the inventory list of forest products by the local forestry inspection authority in accordance with the regulations of the Minister of Agriculture and Rural Development on forest product management; processing of forest products and aquatic products that are state-owned property or a certified copy of the Aquatic Product Origin Certificate in accordance with the laws on aquaculture. In cases where the specialized laws on forestry and aquaculture have not provided for certification of origin for specimens of animals and plants proposed for re-export, organizations and individuals submit a certified copy of the CITES Export/Re-export Permit and a certified copy of the customs declaration for import;

c) In cases of exporting or re-exporting specimens collected from the wild for scientific research or diplomatic relations: In addition to the documents specified in points a and b of this clause, submit one of the following certified copies of documents: a signed agreement on a cooperative research program for scientific research purposes, or a diplomatic gift confirmation document certified by the competent authority for diplomatic relations purposes;

d) In cases of exporting or re-exporting specimens listed in Appendix I of CITES, except for specimens from facilities that have been assigned a facility code by the CITES Secretariat: In addition to the documents specified in points a and b of this clause, submit a certified copy of the Import Permit issued by the CITES Management Authority of the importing country;

đ) In cases of exporting or re-exporting live specimens for exhibitions or circus performances: In addition to the documents specified in points a and b of this clause, submit a certified copy of the decision to send representatives to participate in international exhibitions or circus performances issued by the competent authority or an invitation letter from a foreign organization;

e) In cases of re-exporting seized specimens back to the country of origin or the exporting country: In addition to the documents specified in point a of this clause, submit a certified copy of the inventory list of forest products prepared by the organization entrusted with handling the assets;

3. Procedure and formalities:

a) Organizations and individuals submit one set of documents as stipulated in Clause 2 of this Article to the CITES Management Authority of Vietnam either directly, through an electronic environment, or via public postal services or private postal services;

b) The CITES Management Authority of Vietnam shall immediately check and accept the documents when they are complete and valid if submitted directly; check and accept within one working day if submitted through an electronic environment or via public postal services or private postal services, and respond in writing with reasons if the documents are incomplete or invalid;

c) Within five working days from the date of receiving valid documents, the CITES Management Authority of Vietnam shall consider issuing the CITES Export and Re-export Permit according to Form No. 35 Appendix II issued together with this Circular; if the permit is not issued, notify in writing with reasons;

d) In cases where consultation is required regarding the impact of export or re-export on the survival of the species or where the specialized management agency is requested to cooperate with relevant agencies to verify and inspect the actual situation when there is suspicion about the legality of the specimen, within three working days from the date of receiving valid documents, the CITES Management Authority of Vietnam shall send a request for consultation or verification to the CITES Scientific Authority of Vietnam or the relevant specialized management agency;

đ) Within six working days from the date of receiving the consultation or verification request, the agencies shall respond in writing to the CITES Management Authority of Vietnam;

e) Within one working day from the date of receiving the response from the relevant agencies, the CITES Management Authority of Vietnam shall issue the CITES Export and Re-export Permit according to Form No. 35 Appendix II issued together with this Circular; if the permit is not issued or no consultation or verification results are received, notify in writing with reasons.

Article 30. Procedures and formalities for issuing CITES import permits for specimens of animal and plant species listed in the CITES Appendices

1. The competent authority managing CITES in Vietnam shall issue CITES import permits.

2. Contents of the application documents:

a) An original application for a CITES import permit according to Form No. 36 of Appendix II issued together with this Circular;

b) A copy of the CITES export or re-export permit issued by the competent authority managing CITES of the exporting or re-exporting country for species listed in Appendix II and III of CITES, or for species listed in Appendix I of CITES that originate from breeding or cultivation at a facility which has been assigned a facility code by the CITES Secretariat;

c) In cases of importing specimens of species listed in Appendix I of CITES for non-commercial purposes: in addition to the documents specified in point a of this clause, submit one of the following copies of documents: facility code for breeding, facility code for cultivation, certificate of biodiversity conservation facility for live specimens; scientific research cooperation program approved by the competent authority for scientific research purposes; diplomatic gift or presentation approval document approved by the competent authority for diplomatic purposes; invitation letter for exhibition or circus performance issued by the competent authority for exhibition or circus performance purposes; document from the competent authority managing CITES of the exporting or re-exporting country regarding the return of the specimen to the country of origin;

d) In cases of importing live animals or plants listed in Appendix I of CITES that originate from breeding or cultivation at a facility which has been assigned a facility code by the CITES Secretariat, or listed in Appendix II and III of CITES for breeding or cultivation: in addition to the documents specified in points a and b of this clause, submit one of the following copies of documents: facility code for breeding, facility code for cultivation, certificate of biodiversity conservation facility, or submit one of the originals of the following documents: Breeding Plan according to Form No. 22, Cultivation Plan according to Form No. 31 of Appendix II issued together with this Circular, in cases where registration of facility codes for breeding or cultivation facilities is not required under this Circular;

đ) In cases of importing specimens from countries that are not members of CITES: in addition to the documents specified in point a of this clause, submit a copy of the export or re-export permit issued by the competent authority of the exporting country;

3. Procedure and formalities:

a) Organizations and individuals submit one set of documents as stipulated in Clause 2 of this Article to the CITES Management Authority of Vietnam either directly, through an electronic environment, or via public postal services or private postal services;

b) The CITES Management Authority of Vietnam shall immediately check and accept the documents when they are complete and valid if submitted directly; check and accept within one working day if submitted through an electronic environment or via public postal services or private postal services, and respond in writing with reasons if the documents are incomplete or invalid;

c) Within five working days from the date of receipt of a valid application, the competent authority managing CITES in Vietnam shall issue a CITES import permit according to Form No. 35 of Appendix II issued together with this Circular; if the permit is not issued, notify in writing and specify the reasons;

d) Within five working days from the date of receipt of a valid application, the competent authority managing CITES in Vietnam shall send a consultation or verification request in the following cases:

In cases of importing specimens originating from exporting countries in regions that are not actively participating in the management and traceability of forest products according to the law, or where there is information indicating that the export or re-export permit is forged, altered, or unclear, or in cases of importing live animals, the competent authority managing CITES in Vietnam shall consult electronically with the issuing authority of the CITES export or re-export permit regarding the relevant information on the permit or other electronic verification methods;

In cases requiring verification of the capacity of breeding facilities before issuing an import permit for live animals, the competent authority managing CITES in Vietnam shall consult the CITES Scientific Authority, the specialized management agency, or request the specialized management agency to coordinate with relevant agencies to verify and inspect the breeding facility;

đ) Within seven working days from the date of receiving the consultation or inspection request for the breeding facility from the competent authority managing CITES in Vietnam, the relevant agencies shall respond in writing;

e) Within three working days from the date of receipt of the response from the relevant agencies, the competent authority managing CITES in Vietnam shall issue a CITES import permit according to Form No. 35 of Appendix II issued together with this Circular; if the permit is not issued or no consultation or verification results are received, the competent authority managing CITES in Vietnam shall notify in writing and specify the reasons.

Article 31. Procedures and formalities for issuing CITES import permits from the sea for specimens of species of animals and plants listed in Appendices I and II of CITES

1. The competent authority managing CITES in Vietnam shall issue CITES import permits from the sea.

2. Contents of the application documents:

a) The original application for importing from the sea according to Form No. 36 of Appendix II issued together with this Circular;

b) A copy of the Certificate of Establishment Meeting Conditions for Raising and Cultivating Aquatic Species.

3. Procedure and formalities:

a) Organizations and individuals submit one set of documents as stipulated in Clause 2 of this Article to the CITES Management Authority of Vietnam either directly, through an electronic environment, or via public postal services or private postal services;

b) The CITES Management Authority of Vietnam shall immediately check and accept the documents when they are complete and valid if submitted directly; check and accept within one working day if submitted through an electronic environment or via public postal services or private postal services, and respond in writing with reasons if the documents are incomplete or invalid;

c) Within five working days from the date of receiving a complete and valid application, the competent authority managing CITES in Vietnam shall consider and issue a CITES import permit from the sea according to Form No. 35 of Appendix II issued together with this Circular; in case of refusal to issue the permit, it shall notify in writing and specify the reasons.

d) In case of importing live animals from the sea, within three working days from the date of receiving a complete and valid application, the competent authority managing CITES in Vietnam shall consult the CITES Scientific Authority of Vietnam and the central management agency of aquatic species regarding the impact of importing the species on related species in the wild in Vietnam.

Within four working days from the date of receiving the consultation request, the CITES Scientific Authority of Vietnam and the central management agency of aquatic species shall reply in writing.

Within three working days from the date of receiving the consultation results, the competent authority managing CITES in Vietnam shall issue a CITES import permit from the sea according to Form No. 35 of Appendix II issued together with this Circular; in case of refusal to issue the CITES permit or not receiving the consultation results, it shall notify in writing and specify the reasons.

Article 32. Issuing replacement CITES permits

1. The competent authority managing CITES in Vietnam shall issue replacement CITES permits in cases where the previously issued CITES permits are damaged or contain errors.

2. Contents of the application documents:

a) The original application for issuing a CITES permit according to Form No. 36 of Appendix II issued together with this Circular and the original previously issued paper CITES permit in cases where the previously issued paper CITES permit is damaged or contains errors;

b) The original application for issuing a CITES permit according to Form No. 36 of Appendix II issued together with this Circular and a copy of the previously issued electronic CITES permit in cases where the previously issued electronic CITES permit contains errors.

3. Procedure and formalities:

a) Organizations and individuals submit one set of documents as stipulated in Clause 2 of this Article to the CITES Management Authority of Vietnam either directly, through an electronic environment, or via public postal services or private postal services;

b) The CITES Management Authority of Vietnam shall immediately check and accept the documents when they are complete and valid if submitted directly; check and accept within one working day if submitted through an electronic environment or via public postal services or private postal services, and respond in writing with reasons if the documents are incomplete or invalid;

c) Within two working days from the date of receiving a complete and valid application, the competent authority managing CITES in Vietnam shall issue a replacement CITES permit according to Form No. 35 of Appendix II issued together with this Circular.

4. In cases where organizations or individuals discover typographical or formatting errors in the CITES permit that has been used to complete customs procedures, they shall report to the competent authority managing CITES in Vietnam to correct the errors in writing according to Form No. 37 of Appendix II issued together with this Circular.

Article 33. Revocation of CITES Permits

1. The competent authority managing CITES in Vietnam shall revoke CITES permits in the following cases:

a) The CITES permit was issued in violation of regulations;

b) The CITES permit has been erased or altered;

c) The CITES permit has been lost;

d) The competent authority managing CITES in Vietnam receives information from specialized management agencies or the CITES Scientific Authority of Vietnam about organizations or individuals who have been granted permits failing to meet conditions for raising or cultivating or management and traceability requirements.

2. Within five working days from the date of receiving the information, the competent authority managing CITES in Vietnam shall issue a Decision to revoke the CITES permit according to Form No. 38 of Appendix II issued together with this Circular.

Article 34. Competent Authority for CITES Management in Vietnam

The Competent Authority for CITES Management in Vietnam is a unit under the Forest Management and Inspection Department, with the function of advising on the implementation of CITES in Vietnam.

Article 35. Scientific Authority for CITES in Vietnam

1. The Ministry of Agriculture and Environment decides the criteria and procedures for designating the Scientific Authority for CITES in Vietnam to perform the following tasks:

a) Advising and being responsible under the law for the contents of advice regarding: Assessing the current status of populations, distribution areas, degree of endangerment, rarity, and extinction risk of animal and plant species in nature; advising on issuing CITES permits, export, re-export, import, and import from the sea of specimens of animal and plant species listed in the CITES Appendices; rescuing and caring for live specimens; determining suitable habitats and distribution areas for releasing critically endangered, rare, and CITES-listed animals; advising on breeding, growing, and artificial cultivation of critically endangered, rare forest plants and animals, and CITES-listed animals and plants; reviewing projects on breeding, growing, and artificial cultivation of critically endangered, rare animals and CITES-listed animals and plants; projects establishing biodiversity conservation facilities; breeding and cultivating at biodiversity conservation facilities; confirming that harvesting of prioritized protected critically endangered, rare species does not affect their existence and development in nature; conservation relocation plans;

b) Participating in building the List of Critically Endangered, Rare Species;

c) Performing forensic identification tasks concerning critically endangered, rare species, CITES-listed animals and plants, and common forest animals when requested according to the law on forensic identification and related laws;

d) Participating in national member meetings of CITES and meetings of CITES committees.

2. The Scientific Authority for CITES in Vietnam is responsible for reporting annually to the Ministry of Agriculture and Environment before December 15th of each reporting year or at any time about the results of performing the tasks specified in Clause 1 of this Article.

Article 36. Principles for Handling Seized Specimens of Animal and Plant Species Listed in the CITES Appendices

1. Domestic-origin seized specimens shall be handled in accordance with the law on management and use of public assets.

2. Imported-origin seized specimens shall be returned to the country of origin or exporting country in the following manner:

The responsible agency shall establish a plan for handling assets in accordance with the law on management and use of public assets and send a document to the Competent Authority for CITES Management in Vietnam requesting the return of imported specimens. Within five working days from receiving the request document, the Competent Authority for CITES Management in Vietnam shall send a document requesting the return of imported specimens to the Competent Authority for CITES Management of the country of origin or exporting country of the violated specimens. If within thirty days from the date the Competent Authority for CITES Management in Vietnam sends the document, the Competent Authority for CITES Management of the country of origin or exporting country refuses to accept, does not respond, or fails to fulfill the obligation to pay costs as stipulated by CITES, then the specimens shall be handled in accordance with Clause 1 of this Article.

Chapter IV

IMPLEMENTATION

Article 37. Responsibilities for Implementation

1. The Forest Management and Forest Protection Department shall be responsible for:

a) Organizing the implementation of contents related to management, protection, conservation of endangered, precious, and rare forest plant and animal species, and enforcing CITES as stipulated in this Circular;

b) Directing, inspecting, and supervising activities related to management, exploitation, breeding, planting, processing, trading, transportation, storage, advertising, display, export, import, re-export, transshipment, entry from sea, breeding, growing, artificial cultivation of specimens of endangered, precious, and rare species and animals and plants listed in CITES Appendices, breeding, rescue, and re-release of common forest animals according to the provisions of this Circular and relevant laws;

c) Advising the Ministry of Agriculture and Rural Development to publish information on endangered, precious, and rare species according to the law; translating and publicly posting on the Ministry of Agriculture and Rural Development's electronic portal the CITES regulations prohibiting or restricting trade with respect to species related to Vietnam and the number of specimens that are personal or household property allowed to be exported, imported, or re-exported without a CITES permit;

d) Advising the Ministry of Agriculture and Rural Development to publish the List of Animals and Plants under CITES Appendices after being approved by the Conference of the Parties to CITES;

đ) Inspecting and handling violations within its authority regarding acts of violation in activities such as exploitation, captivity, killing, processing, trading, exporting, importing, re-exporting, transshipment, entry from sea, breeding, growing, artificial cultivation of specimens of endangered, precious, and rare species and animals and plants listed in CITES Appendices, breeding, rescue, and re-release of common forest animals according to the provisions of this Circular and relevant laws;

e) Cooperating with the Biodiversity Conservation and Diversity Management Department to advise the Ministry of Agriculture and Rural Development to issue and amend the list of endangered, precious, and rare species;

2. The Biodiversity Conservation and Diversity Management Department shall be responsible for:

a) Organizing the implementation of contents related to management and conservation of prioritized endangered, precious, and rare species as stipulated in this Circular;

b) Taking the lead and coordinating with relevant units to develop programs for the conservation of wild animals and plants listed in the prioritized endangered, precious, and rare species list, and submitting them to the Minister of Agriculture and Rural Development for issuance and implementation according to the division of labor by the Minister; directing and guiding the conservation of prioritized endangered, precious, and rare species in nature reserves, habitats, and migration areas outside nature reserves, and at biodiversity conservation facilities;

c) Directing, inspecting, and supervising activities related to management of biodiversity conservation facilities, exchange, donation, release back into natural distribution areas, relocation for conservation, exploitation, breeding, planting, conservation, export, import of prioritized endangered, precious, and rare species; inspecting activities related to processing and trading for commercial purposes involving prioritized endangered, precious, and rare species; directing organizations to conduct surveys, monitoring, and assessments of the status of prioritized endangered, precious, and rare species nationwide and unifying the management of information and databases on prioritized endangered, precious, and rare species;

d) Cooperating with the Forest Management and Forest Protection Department to advise the Ministry of Agriculture and Rural Development to issue and amend the list of endangered, precious, and rare species;

3. The Planning and Finance Department ensures annual funding for subordinate units of the Ministry of Agriculture and Rural Development to implement this Circular according to the law;

4. Other units under the Ministry, according to their functions and tasks, shall be responsible for implementing the provisions of this Circular;

5. Customs authorities:

a) Inspecting and verifying to ensure the management of specimens for export, re-export, and import complies with the provisions of this Circular; performing confirmation in box number 13, 14 on the original CITES permit for copies printed by customs authorities from the electronic system or the original for electronic CITES permits;

b) Ensuring the management of imports of specimens of animals and plants listed in CITES Appendices in cases where a CITES permit is not required according to Clause 6, Article 27 of this Circular;

c) Annually before January 31 each year, reporting and providing information and data on the clearance of export, re-export, and import of specimens listed in CITES Appendices of the previous year according to Form No. 39 of Appendix II issued together with this Circular to the CITES Management Authority of Vietnam for annual reporting as required by CITES;

6. Relevant state management agencies according to their functions and tasks shall be responsible for:

a) Inspecting the implementation of regulations concerning the management of biodiversity conservation facilities, exchange, donation, release back into natural distribution areas, relocation for conservation, processing, trading, transshipment, export, re-export, import, entry from sea, breeding, growing, artificial cultivation of specimens of endangered, precious, and rare species and animals and plants listed in CITES Appendices, breeding, rescue, and re-release of common forest animals;

b) Cooperating with the CITES Management Authority of Vietnam in enforcing CITES; annually before August 31, providing information and data on cases of seizure and handling of violations related to transshipment, export, re-export, import, and entry from sea of specimens of endangered, precious, and rare species and animals and plants listed in CITES Appendices of the previous year according to Form No. 40 of Appendix II issued together with this Circular to the CITES Management Authority of Vietnam for reporting as required by CITES;

c) Annually before January 31, providing information and data on statistics of specimens of animals and plants listed in CITES Appendices seized, detained, or held over various periods or voluntarily surrendered by organizations or individuals of the previous year according to Form No. 41 of Appendix II issued together with this Circular to the CITES Management Authority of Vietnam for reporting as required by CITES;

7. Provincial People's Committees shall be responsible for:

a) Direct the organization to conduct investigations, monitoring, and assessments of the current status of endangered, precious, and rare species within the managed area in accordance with Article 7 of this Circular and periodically provide information on investigation and assessment results within the managed area to the Ministry of Agriculture and Rural Development;

b) Direct the establishment and implementation of plans for the conservation of prioritized endangered, precious, and rare species within the managed area, and restore habitats for prioritized endangered, precious, and rare species;

c) Direct the establishment and recognition of biodiversity conservation facilities in accordance with this Circular and approve projects to upgrade state-owned biodiversity conservation facilities within the conservation planning framework to meet the conditions for recognizing biodiversity conservation facilities;

d) Direct specialized agencies to ensure compliance with regulations regarding the issuance of facility codes for breeding and planting facilities, certification of biodiversity conservation facilities, and exploitation as stipulated in this Circular;

e) Inspect, monitor, and supervise the activities of breeding, planting facilities, and biodiversity conservation facilities within the managed area;

f) Annually, before January 31, provide information and statistical data on retained specimens of animals and plants listed in Appendix CITES after confiscation or voluntary surrender by organizations and individuals in the previous year according to Form No. 41 Appendix II and report on the breeding and planting activities of species listed in the Catalogue of Endangered, Precious, and Rare Species and those listed in Appendix CITES, and the breeding of common wild animals according to Form No. 42 Appendix II issued together with this Circular to the Ministry of Agriculture and Rural Development;

Article 38. Transitional provisions

1. Breeding and planting facilities that have been assigned codes shall implement the registration of records in accordance with this Circular within ninety days from the date this Circular takes effect;

2. Organizations and individuals who have submitted applications for assignment of codes for breeding and planting facilities, natural exploitation, certification of biodiversity conservation facilities, CITES permits, release, and exchange gifts of specimens of prioritized endangered, precious, and rare species but have not yet received resolution from competent authorities shall continue to comply with the laws at the time of receipt, except where organizations and individuals request to follow the provisions of this Circular;

3. Within twelve months from the date this Circular takes effect, the People's Committee of the province shall direct the Department of Agriculture and Rural Development to compile statistics on planting facilities that have planted prioritized endangered, precious, and rare species or species listed in Appendix CITES prior to the effective date of this Circular but have not yet been assigned codes or certificates of biodiversity conservation facilities and submit them to the code issuing authority and the certificate issuing authority for biodiversity conservation facilities as stipulated in this Circular. The code issuing authority and the certificate issuing authority for biodiversity conservation facilities shall issue codes for planting facilities and certificates of biodiversity conservation facilities within five working days from the date of receiving information from the Department of Agriculture and Rural Development;

4. Within twenty-four months from the date this Circular takes effect, rescue centers for wildlife, breeding facilities for prioritized endangered, precious, and rare species, and species listed in Appendix CITES prior to the effective date of this Circular but have not yet been assigned codes or certificates of biodiversity conservation facilities shall submit applications for assignment of codes or certification of biodiversity conservation facilities in accordance with this Circular;

5. Within twelve months from the date this Circular takes effect, the code issuing authority as stipulated in this Circular shall review and amend or supplement codes for breeding and growth facilities that have been assigned codes prior to the effective date of this Circular in accordance with the breeding and growth methods prescribed in this Circular. Organizations and individuals shall return the original codes of their facilities and be exempted from submitting applications for assigning codes for breeding facilities in accordance with Clause 3, Article 26 of this Circular;

6. For breeding and planting facilities that have been assigned codes prior to the effective date of this Circular, the code issuing authority as stipulated in this Circular shall cancel the codes if the facilities fall under any of the cases specified in Point a, Clause 6, Article 26 of this Circular;

7. For breeding and planting facilities that have not been assigned codes prior to the effective date of this Circular and are not required to register codes in accordance with this Circular, within ninety days from the date this Circular takes effect, the facility owners shall open record books, submit breeding and planting notifications and origin documents of animals and plants to the local forest management agency for tracking and management in accordance with Clause 5, Article 25 of this Circular;

8. Specimens with forestry documents that have been confirmed by competent authorities prior to the effective date of this Circular may continue to be used for domestic processing and trade;

Specimens that have been confirmed or approved in writing by specialized management agencies for fisheries prior to the effective date of this Circular may continue to be used for processing and trade;

9. For specimens listed in Appendix II of CITES that have established export quotas for specimens harvested from nature prior to the effective date of this Circular and announced by the CITES Secretariat, they may continue to be harvested and exported for commercial purposes until the quota is exhausted. The quantity of the export quota will be used annually as established;

10. Biodiversity conservation facilities that have been certified by the provincial People's Committee as biodiversity conservation facilities do not need to go through the process of obtaining codes for breeding and planting facilities. Organizations and individuals shall open record books for breeding and planting and submit them to the code issuing authority for breeding and planting facilities as stipulated in this Circular;

11. Within twenty-four months from the date this Circular takes effect, biodiversity conservation facilities that have been assigned codes for breeding and planting facilities by competent authorities shall apply to the provincial People's Committee for certification as biodiversity conservation facilities in accordance with this Circular.

Article 39. Effective date

1. This Circular takes effect from January 1, 2026.

2. Circular No. 27/2025/TT-BNNMT dated June 24, 2025, of the Minister of Agriculture and Rural Development regarding the management of endangered, precious, and rare species; the breeding of common wild animals, and the enforcement of the Convention on International Trade in Endangered Wild Fauna and Flora shall cease to be effective from the date this Circular takes effect.

3. In cases where the legal normative documents cited for application in this Circular are amended, supplemented, or replaced, they shall be implemented according to those amended, supplemented, or replacing documents.

4. During implementation, if there are any difficulties, it is requested that agencies, organizations, households, and individuals report to the Ministry of Agriculture and Rural Development for timely amendment and supplementation./.