Chương II Nghị định 06/2019/NĐ-CP: Danh mục, chế độ quản lý thực vật rừng, động vật rừng nguy cấp, quý, hiếm; nuôi động vật rừng thông thường

Chapter II

LIST AND MANAGEMENT OF ENDANGERED, PRECIOUS AND RARE SPECIES OF FOREST FAUNA AND FLORA; NURTURE OF NORMAL FOREST FAUNA

Article 4. List of endangered, precious and rare species of forest fauna and flora

1. The list of endangered, precious and rare species of forest fauna and flora issued thereto includes:

a) Group I including species of forest fauna and flora threatened with extinction and banned from exploitation or use for commercial purpose and species in CITES Appendix I naturally inhabiting Vietnam.

Group IA including forest flora.

Group IB including forest fauna.

b) Group II including species of forest fauna and flora that, although currently not threatened with extinction but may become so without strict control of exploitation and use for commercial purpose and species specified in CITES Appendix II naturally inhabiting Vietnam.

Group IIA including forest flora.

Group IIB including forest fauna.

2. Amendments to the list of endangered, precious and rare species of forest fauna and flora.

The Ministry of Agriculture and Rural Development shall send a proposal of amendments to the list of endangered, precious and rare species of forest fauna and flora once every five years or in case there is any change in species specified in Clause 1 this Article or the list of species provided in CITES Appendix I and II related to species of forest fauna and flora naturally inhabiting Vietnam.

Article 5. Protection of endangered, precious and rare species of forest fauna and flora

1. Hunting, capture exploitation, nurture, slaughter, storage, processing, transportation and sale of endangered, precious and rare species of forest fauna and flora must not produce harmful effects on the existence, growth and development of such species in nature.

2. Hunting, capture, exploitation, nurture, slaughter, storage, processing, transportation, sale, promotion, exhibition, export, import, temporary import for export, temporary export for import of specimens of endangered, precious and rare species of forest fauna and flora must be managed to ensure legal origin thereof.

3. Permanent habitat of endangered, precious and rare species of forest fauna and flora shall be studied as a basis for establishment of special-use forest areas.

4. Organizations, family households and individuals conducting production, construction, investigation, survey, research, sightseeing, travelling or performing other activities within the areas with endangered, species and rare species of forest fauna and flora must comply with regulations hereof and other relevant law provisions.

Article 6. Investigation into and assessment of current state of endangered, precious and rare species of forest fauna and flora

1. Endangered, precious and rare species of forest fauna and flora shall be investigated and assessed in conjunction with forest investigation under regulations on forest management.

2. The Ministry of Agriculture and Rural Development shall carry out investigation into and assessment of endangered, precious and rare species of forest fauna and flora nationwide while provincial-level People’s Committees shall carry out investigation and assessment in provincial forest areas.

3. The State shall encourage forest owners to carry out investigation into and assessment of current state and development of endangered, precious and rare species of forest fauna and flora in the area allocated or leased out by the State.

Article 7. Scientific research on endangered, precious and rare species of forest fauna and flora

1. Scientific research on preservation and sustainable development of endangered, precious and rare species of forest fauna and flora shall be conducted according to the approved topic and project and shall comply with regulations on forest management.

2. A written report shall be sent to the forest owner and provincial-level forestry state management agency for supervision purpose before such scientific research.

Article 8. Actions taken in case of harm or threat to human life by endangered, precious and rare species of forest fauna and flora

1. In case endangered, precious and rare forest fauna cause harm to or pose a threat to human life or assets; organizations and individual shall take measures to drive away such fauna but restrict harm to them and notify the nearest forestry administration or commune-level or provincial People’s Committee.

2. In case endangered, precious and rare forest fauna pose a direct threat to human life outside special-use and protection forests, Chairpersons of provincial People’s Committees shall decide and give guidelines on trapping, hunting or capturing such fauna if obtaining no result after taking measures to drive them away.

3. Handling of hunted, trapped or captured specimens of wild fauna specified in Clause 2 this Article shall comply with regulations in Article 10 and 32 hereof.

Article 9. Exploitation, raising, processing, promotion, transportation and export of and trade in specimens of endangered, precious and rare species of forest fauna and flora

1. Exploitation, raising, processing, promotion, exhibition, export, transportation, storage of and trade in specimens of Group I endangered, precious and rare species of forest fauna and flora shall comply with regulations hereof for species specified in CITES Appendix I.

2. Exploitation, raising, processing, promotion, exhibition, export, transportation, storage of and trade in specimens of Group II endangered, precious and rare species of forest fauna and flora shall comply with regulations hereof for species specified in CITES Appendix II.

3. The CITES permit for import may be excluded from the application for a license for export of specimens of Group I endangered, precious and rare species of forest fauna and flora not included in CITES Appendix I.

Article 10. Handling of seized endangered, precious and rare species of forest fauna and flora

1. Handling of alive specimens:

a) Post-seizure handling of alive specimens must provide care for such specimens to avoid risks of death thereof.

b) Specimens shall be transferred to the local forestry administration after handling for the purpose of care and maintenance. Alive specimens shall be handled in the following order of priority: reintroduction of specimens into the natural environment suitable for their living conditions and natural distribution if such specimens are found healthy; or transfer to animal rescue agencies, zoos or arboretum in case such specimens are needed to be rescued or eliminated.

2. Specimens of endangered, precious and rare species of forest fauna and flora not specified in Clause 1 this Article shall be handled as follows:

a) Specimens of Group IA and IB species shall be handled in compliance with provisions of the law on management and use of public assets;

b) Specimens of Group IIA and IIB species shall be transferred to research organizations, environmental education institutions or specialized museums for exhibition purpose for preservation education; or sold, through auction, to organizations or individuals raising, processing or trading such species as per law provisions; or destructed in case it is impossible to implement other measures.

Article 11. Nurture of normal forest fauna

Every facility nurturing normal forest fauna must:

1. ensure their forest fauna has legal origin under law provisions;

2. ensure safety of human and comply with law provisions on environment and veterinary;

3. record development of their animals in to a logbook according to Form No.16 provided in the Appendix issued thereto and notify the local forestry administration of nurture of normal forest fauna within 3 working days from the day on which such fauna is taken to the nurturing facility for monitoring and management purpose.