Circular No. 90/2008/TT-BNN guiding the handling of wildlife specimens as animals seized after confiscation

CIRCULAR

Guidelines for handling wildlife animals as evidence after confiscation

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Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 32/2006/NĐ-CP dated March 30, 2006, of the Government on management of forest plants, rare and precious wild animals;

Pursuant to Decree No. 159/2007/NĐ-CP dated October 30, 2007, of the Government on administrative penalties for violations in forest management, forest protection, and forest product management,

The Ministry of Agriculture and Rural Development hereby guides the handling of wildlife animals as evidence after confiscation in cases of administrative violations as follows:

A. GENERAL GUIDELINES

I. SCOPE OF REGULATION AND APPLICABLE OBJECTS

1. Scope of application: This Circular guides the procedures, formalities, and methods for handling wildlife animals as evidence after confiscation in cases of administrative penalties in the field of forest management, forest protection, and forest product management.

2. Applicability: Individuals and organizations within Vietnam, overseas Vietnamese; foreign individuals and organizations involved in the handling of wildlife animals after confiscation on the territory of Vietnam.

In case international treaties to which the Socialist Republic of Vietnam is a member provide different provisions, such provisions shall be applied according to the treaty.

II. EXPLANATION OF SOME TERMS

1. Domestic endangered, rare, and precious wild animals include species belonging to Group IB and IIB in the List of Endangered, Rare, and Precious Wild Animal Species in Vietnam as currently prescribed by the Government.

2. Imported endangered wild animals refer to those listed in Appendices I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as CITES) announced by the Ministry of Agriculture and Rural Development.

3. Common wild animals are those not included in Clauses 1 and 2 of this Article.

4. Natural habitat of wild animals refers to the natural environment where such wild animals lived before being hunted.

5. Destruction means the complete or partial annihilation of the body of a wild animal through burning or burying in a pit.

6. Body parts of wild animals refer to components of the body of wild animals such as limbs, bones, horns, skin, hair, tusks, nails, scales, teeth, and other parts of wild animals separated from the body without processing.

7. Products made from wild animals are products processed from raw materials of wild animals or their body parts.

8. Evidence in this Circular includes live wild animals, dead ones, their parts, and products that have been decided to be confiscated in administrative penalty cases.

B. MEASURES FOR HANDLING EVIDENCE AFTER CONFISCATION

The application of measures for handling evidence shall be carried out according to the principle: applying measures for handling evidence from top to bottom, when the previous measure cannot be applied, then consider applying the next measure; implementing measures for handling evidence must ensure the conditions of such measures as guided in Section II Part C of this Circular.

I. HANDLING LIVE WILD ANIMALS BELONGING TO ENDANGERED, RARE, AND PRECIOUS SPECIES IN VIETNAM

1. Live wild animals belonging to Group IB shall be handled by one of the following measures:

a) Release back to their natural habitat.

b) In case the wild animal is injured, sick, or weak and requires rescue, transfer it to a wildlife rescue center.

c) Transfer to scientific research institutions (including breeding research centers), environmental education facilities.

d) Sell to zoos, artistic performance units, legal animal breeding facilities as prescribed by law.

đ) Destroy individuals carrying diseases or in cases where they cannot be handled by the above measures.

2. Live wild animals belonging to Group IIB shall be handled by one of the following measures:

a) Release back to their natural habitat.

b) In case the wild animal is injured, sick, or weak and requires rescue, transfer it to a wildlife rescue center.

c) Transfer to scientific research institutions (including breeding research centers), environmental education facilities.

d) Sell to zoos; artistic performance units; legal animal breeding facilities; organizations and individuals legally engaged in wildlife trade as prescribed by law.

đ) Destroy individuals carrying diseases or in cases where they cannot be handled by the above measures.

II. HANDLING DEAD WILD ANIMALS OR THEIR BODY PARTS AND PRODUCTS BELONGING TO ENDANGERED, RARE, AND PRECIOUS SPECIES IN VIETNAM

1. Dead wild animals or their body parts belonging to Group IB shall be handled by one of the following measures:

a) Transfer to scientific agencies, training institutions, environmental education facilities, specialized museums, specialized management agencies, rescue centers for the species to make specimens or transfer to medical facilities for research and drug preparation.

b) Destroy in case the evidence carries disease or cannot be handled by the above measures.

2. Dead wild animals or their body parts belonging to Group IIB shall be handled by one of the following measures:

a) Transfer to scientific agencies, training institutions, environmental education facilities, specialized museums, specialized management agencies, rescue centers for the species to make specimens or transfer to medical facilities for research and drug preparation.

b) Sell to organizations and individuals permitted to trade under the law.

c) Destroy in case the evidence carries disease or cannot be handled by the above measures.

III. HANDLING LIVE IMPORTED ENDANGERED WILD ANIMALS LISTED IN THE APPENDICES OF THE CITES CONVENTION

1. Live imported endangered wild animals listed in Appendix I shall be handled as follows:

a) Return to the exporting country or re-exporting country as stipulated by the CITES Convention.

b) In case the animal is injured, sick, or weak and requires rescue, transfer it to a wildlife rescue center in Vietnam.

c) Transfer to domestic and international scientific research institutions (including breeding research centers), environmental education facilities.

d) Sell to zoos; artistic performance units; legal animal breeding facilities established under current laws.

đ) Destroy individuals carrying diseases or in cases where they cannot be handled by the above measures.

2. Live imported endangered wild animals listed in Appendix II shall be handled as follows:

a) Return to the exporting country or re-exporting country as stipulated by the CITES Convention.

b) In case the animal is injured, sick, or weak and requires rescue, transfer it to a wildlife rescue center in Vietnam.

c) Transfer to domestic and international scientific research institutions (including breeding research centers), environmental education facilities.

d) Sell to zoos; artistic performance units; legal animal breeding facilities; organizations and individuals legally engaged in wildlife trade as prescribed by law. In case the organization or individual purchases for export, the export must comply with the provisions of the CITES Convention.

đ) Destroy individuals carrying diseases or in cases where they cannot be handled by the above measures.

IV. HANDLING DEAD IMPORTED ENDANGERED WILD ANIMALS OR THEIR BODY PARTS AND PRODUCTS LISTED IN THE APPENDICES OF THE CITES CONVENTION

1. The objects listed in Appendix I shall be handled as follows:

a) Return to the exporting country or re-exporting country as stipulated by the CITES Convention.

b) Transfer to scientific agencies, educational institutions, environmental education facilities, specialized museums, specialized management agencies, or rescue centers for that species to make specimens.

c) Destroy in case the evidence carries disease or cannot be handled by the above measures.

2. The objects listed in Appendix II shall be handled as follows:

a) Return to the exporting country or re-exporting country as stipulated by the CITES Convention.

b) Transfer to scientific agencies, educational institutions, environmental education facilities, specialized museums, specialized management agencies, or rescue centers for that species to make specimens or transfer to healthcare facilities for research and drug preparation.

c) Sell to organizations or individuals permitted to engage in business according to the provisions of the law. In cases where organizations or individuals purchase for export, the export must be carried out in accordance with the provisions of the CITES Convention.

d) Destroy in cases where the objects are diseased or cannot be handled using the above measures.

V. HANDLING OF COMMON WILDLIFE OBJECTS

1. Living common wildlife objects shall be handled using one of the following methods:

a) Release back to their natural habitat.

b) Sell to organizations and individuals permitted to trade under the law.

c) Destroy in case the evidence carries disease or cannot be handled by the above measures.

2. Common wildlife objects that have died or parts of their bodies

a) Sell to organizations or individuals permitted to engage in business according to the provisions of the law.

b) Destroy in case the evidence carries disease or cannot be handled by the above measures.

C. AUTHORITY, CONDITIONS, PROCEDURES, AND COSTS FOR HANDLING TANGIBLE EVIDENCE

I. AUTHORITY TO DECIDE ON HANDLING TANGIBLE EVIDENCE

1. The person authorized to decide on handling tangible evidence is the person authorized to impose administrative penalties and confiscate such evidence according to current legal regulations.

The person authorized to decide on handling tangible evidence shall issue a decision applying one of the following measures to handle the tangible evidence:

a) Release back to their natural habitat.

b) Transfer to Wildlife Rescue Centers.

c) Transfer to scientific research institutions (including breeding research centers), environmental education facilities.

d) Destroy.

đ) Immediately sell easily perishable tangible evidence according to current state regulations.

In cases where the tangible evidence is specified in point a, Clause 1 and point a, Clause 2, Section III, Part B of this Circular; point a, Clause 1 and point a, Clause 2, Section IV, Part B of this Circular, the person authorized to impose administrative penalties and confiscate tangible evidence must submit a written request to the Director of the CITES Management Authority of Vietnam within five days from the date of the confiscation decision to consider the decision regarding returning the tangible evidence to the exporting country or re-exporting country according to the CITES Convention.

2. Other sales of tangible evidence (except for the case stipulated in point đ, Clause 1, this section) shall be implemented according to current state regulations.

3. The Director of the CITES Management Authority of Vietnam decides to return the tangible evidence to the exporting country or re-exporting country according to the CITES Convention.

II. CONDITIONS AND PROCEDURES FOR HANDLING TANGIBLE EVIDENCE

1. Releasing wildlife animals back to their natural habitat

a) Releasing wildlife animals back to nature must meet the following conditions:

- Determining the natural habitat of those animal individuals;

- Animals must be healthy and able to reintegrate into the natural environment;

- Agreement of the forest owner at the release location;

b) Procedures

- Confirmation by the veterinary agency determining that they are not carrying pathogens and are completely healthy;

- A written decision by the person authorized to handle tangible evidence releasing wildlife animals back to their natural habitat as guided in Clause 1, Section I, Part C of this Circular;

- The person authorized to handle tangible evidence, which is wildlife animals, organizes the release of wildlife animals back to their natural habitat with the participation of representatives from the agency issuing the tangible evidence handling decision, the forest owner, and the local authority at the village level where the release takes place. When releasing back to the natural habitat, a record must be established detailing the participants, witnesses (if any), the release location, and the number of individuals per species.

2. Transfer

a) Conditions

Agencies or units wishing to receive transferred wildlife animals must submit a written request to accept and ensure standards for enclosures, farms, and other professional conditions according to the law;

b) Procedures

- Decision to transfer tangible evidence by the person authorized as guided in Clause 1, Section I, Part C of this Circular;

- Establish a transfer record and list of wildlife animals attached;

- Transport permit according to the law.

3. Organizing the sale of tangible evidence

a) Conditions

Before deciding to auction wildlife animals after confiscation, confirmation from the veterinary agency about ensuring food safety and environmental protection of those wildlife animals must be obtained.

b) Procedures

The sale of wildlife animals after confiscation shall be carried out according to the guidance in this Circular and the provisions of the law on selling seized assets to the state treasury.

4. Destruction

a) Destruction of tangible evidence must meet the following conditions:

- Destruction must be applied when other handling measures cannot be implemented, and leaving the tangible evidence may negatively impact the environment;

- Destruction must ensure environmental hygiene safety according to legal regulations.

b) Procedures

- Decision on handling tangible evidence after confiscation by the person authorized as guided in Clause 1, Section I, Part C of this Circular. This decision clearly specifies full or partial destruction of the tangible evidence. In all cases, diseased tangible evidence must be destroyed entirely. The part of the tangible evidence not destroyed must specify the handling method according to Sections II, IV, or V of Part B of this Circular;

- The person authorized to destroy tangible evidence decides to establish a Committee for destruction handling consisting of representatives from the agency issuing the tangible evidence handling decision, the local authority at the village level where the destruction takes place, and the veterinary agency. The destruction of tangible evidence must be recorded detailing the Committee members, the destruction location, the quantity of each type of tangible evidence, and signed by the Committee members.

5. Returning to the exporting or re-exporting country

a) Returning tangible evidence to the exporting or re-exporting country must meet the following conditions:

- Accurately identifying the exporting or re-exporting country of the tangible evidence;

- The exporting or re-exporting country agrees to accept and pay all costs for transferring the tangible evidence.

b) Procedures

The decision to return the tangible evidence by the Director of the CITES Management Authority of Vietnam based on the request of the person authorized to impose administrative penalties and confiscate the tangible evidence.

6. Costs for handling wildlife animals after confiscation

The costs for processing evidence items (except as provided for in Clause 5, Section II, Part C of this Circular) shall be paid from the revenue derived from the processing of such evidence items in accordance with Circular No. 59/2008/TT-BTC dated July 4, 2007 of the Ministry of Finance on guiding the management and utilization of revenue from the handling of violations of laws in the field of anti-smuggling, commercial fraud, and fake goods; if the revenue is insufficient, the State Budget shall ensure payment in accordance with current regulations.

D. IMPLEMENTATION

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

During implementation, any difficulties should be reported to the Ministry of Agriculture and Rural Development for amendment and supplementation./.