Chương I Nghị định 06/2019/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for a list of endangered, precious and rare species of forest fauna and flora; management and protection of and procedures for exploitation endangered, precious and rare species of forest fauna and flora; nurture of usual forest fauna; observation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as "CITES”) in Vietnam.

Article 2. Regulated entities

This Decree applies to regulatory agencies, domestic organizations, family households and individuals; Vietnamese people who permanently resides in foreign countries and foreign organizations and individuals performing activities related to endangered, precious and rare species of forest fauna and flora and endangered species of wild fauna and flora on the CITES Appendices; nurture of usual forest fauna within the territory of Vietnam.

Article 3. Definition

For the purposes of this Decree, the terms below shall be construed as follows:

1. “species” means any species, subspecies or geographically separate population thereof.

2. “hybrid” means the result of cross or transplant between two species or two subspecies of animals or plants. If the hybrid is generated by cross or transplant between two species in different Groups or Appendices, such hybrid shall be managed like the species in the Group or Appendix which is entitled to a level of protection greater than the others.

3. CITES permits and CITES certificates issued by the CITES management authority of Vietnam shall apply to legal export, import, re-export, re-import and introduction from the sea of CITES-listed endangered species of wild fauna and flora; export of specimens of endangered, precious and rare species of forest fauna and flora prescribed herein and not on the list of species specified in CITES Appendices.

4. CITES Appendices include:

a) Appendix I listing species threatened with extinction, prohibited from export, import, re-export, introduction from the sea and transit of natural specimens for commercial purposes.

b) Appendix II listing species that, although currently not threatened with extinction, may become so without control of export, import, re-export, introduction from the sea and transit of natural specimens thereof for commercial purposes.

c) Appendix III listing species for which a CITES party has asked other Parties to assist in controlling export, import, re-export for commercial purpose.

5. “organ of endangered wild fauna and flora” means any raw or processed (maintained or polished) component such as skin, husk or root of a species which shows a sign of identification of such species.

6. “derivative of fauna and flora” means any form of substances generated by animals and plants such as blood and bile of animals; resin and essential oil of plants or parts of animals and plants that has been processed such as medicines, perfume, watches, bags and so on.

7. “specimen of endangered species of wild fauna and flora” means any alive or dead wild animal and plant, egg, larva, organ and derivative thereof.

8. “normal forest fauna" include species in the mamma, aves, reptilia and amphinia class and not on the list of endangered, precious and rare species of forest fauna and flora issued by the Government or CITES-listed species; the list of domesticated animals under provisions of the law on animal husbandry.

9. “exploitation of specimens of fauna and flora " means sampling wild fauna and flora in a natural environment.

10. “for commercial purpose" means any transaction of wild animal and plant specimens for profit.

11. “for non-profit purpose” means any activities serving foreign affairs, scientific research, exchanges among zoos, arboreta and museums; exhibition for product introduction; circus performance; exchange and return of specimens among CITES management authorities.

12. “zoo” means a place used for collection and nurture of wild fauna for the purpose of exhibition, multiplication, environmental education and scientific research.

13. “arboretum” means a place used for collection and nurture of wild flora for the purpose of exhibition, multiplication, environmental education and scientific research.

14. “introduction from the sea” means transportation into the territory of Vietnam of specimens of any species of wild fauna and flora which were taken in the marine environment not under the jurisdiction of any State.

15. “re-export" means export of specimens previously imported.

16. “ controlled environment” means an environment under human management for the purpose of generating purebreds or hybrids. The controlled environment must meet conditions for prevention spread or break-in of fauna, flora, eggs, gametes, zygotes, seeds, germs and epidemics out of or at such environment.

17. "raising facility" means any facility rearing, breeding endangered, precious and rare species of forest fauna and/or CITES-listed endangered species of wild fauna and flora and/or normal forest fauna; facility of artificial production of endangered, precious and rare species of flora and/or CITES-listed wild flora for profit or non-profit purposes.

18. “rearing” means nurturing naturally-generated young wild fauna and eggs of wild fauna for growing and caring purpose until they can give births to their babies in the controlled environment.

19. “breeding" means nurturing wild fauna for reproduction of next generations in the controlled environment.

20. “artificial production” means growing or transplanting flora from seeds, germs, zygotes or other methods for multiplication of wild flora in the controlled environment.

21. “cultivar source" means the legal first animal individual nurtured in a breeding facility for production of individuals of next generations.

22. "F1 hybrid" include individuals generated in the controlled environment whose one of their parents is exploited from nature.

23. “F2 hybrid or the subsequent generations include individuals generated in the controlled environment by couples of F1 hybrids and subsequent generations.

24. “personal belongings and home appliances originated from wild fauna and flora” mean specimens with legal origin of individuals or family households. Alive specimens shall not be considered personal belongings or home appliances.

25. “souvenir specimen” means any personal belonging or home appliance taken from the outside of the State in which the owner thereof is permanently resides. Alive animals shall not be considered souvenir specimens.

26. “hunted specimen” means any specimen collected from legal hunting.

27. “pre-Convention specimen” means any specimen collected prior to the day on which such specimen is included into CITES Appendices or before participation in the CITES of range states if:

a) such specimen is taken out from its natural habitat;

b) such specimen is generated in the controlled environment;

c) the owner thereof holds the legal ownership of such specimen.

28. “CITES party” means any state for which the CITES has entered to force.