| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No. 82/2006/ND-CP | Hanoi, August 10, 2006 |
DECREE
ON MANAGEMENT OF EXPORT, IMPORT, RE-EXPORT, INTRODUCTION FROM THE SEA, TRANSIT, BREEDING, REARING AND ARTIFICIAL PROPAGATION OF ENDANGERED SPECIES OF PRECIOUS AND RARE WILD FAUNA AND FLORA
THE GOVERNMENT
Pursuant to the 2001 Law on Organization of the Government;
Pursuant to the 2003 Law on Fisheries;
Pursuant to the 2004 Law on Forest Protection and Development;
Pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
At the proposal of the Minister of Agriculture and Rural Development,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope and application subjects
1. Governing scope
This Decrees provides for the export, import, re-export, introduction from the sea, transit, breeding, rearing, artificial culture of endangered precious and rare wild fauna and flora species (including hybrid species), including:
a/ The specimens of wild fauna and flora species defined in Appendices I, II and III to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter called CITES).
b/ The specimens of endangered species of precious and rare wild fauna and flora as provided for by Vietnamese law.
2. Subjects of application
This Decree shall apply to state agencies, domestic organizations, households and individuals, foreign organizations and individuals, overseas Vietnamese, that are involved in the export, import, re-export, introduction from the sea, transit, breeding, rearing, artificial propagation of specimens of endangered species of precious and rare wild fauna and flora in the Vietnamese territory.
In cases where treaties to which the Socialist Republic of Vietnam is a contracting party contain provisions different from the provisions of this Decree, the provisions of such treaties shall apply.
Article 2.- Interpretation of terms
In this Decree, the following terms shall be construed as follows:
1. Species are used to indicate any species, class or population of geographically separated fauna or flora.
2. Hybrid species are the outcomes of mating or grafting of two species or two classes of fauna or flora.
3. CITES permits, CITES certificates are papers issued by CITES Management Authority of Vietnam for export, import, re-export, introduction from the sea of specimens of fauna and/or flora species defined in Appendices to CITES.
4. Permits issued by CITES Management Authority of Vietnam for export of specimens of endangered species of precious and rare fauna and flora as defined by Vietnamese law, not defined in Appendices to CITES.
5. Appendices to CITES include:
a/ Appendix I is the list of wild fauna and flora species which are in danger of extinction and the natural specimens of which are banned from export, import, re-export, introduction from the sea and transit for commercial purposes.
b/ Appendix II is the list of wild fauna and flora species which are yet in danger of extinction but may be subject to extinction if the export, import, re-export, introduction from the sea and transit of the natural specimens thereof for commercial purposes are not controlled.
c/ Appendix III is the list of wild fauna and flora species the export, import or re-export of which is controlled as requested by a member country of the CITES Convention in combination with other CITES member countries for commercial purposes.
6. Endangered precious and rare fauna and flora species under the provisions of Vietnamese law shall include:
a/ Group I is the list of fauna and flora species of special scientific or environmental value or high economic value, with only few populations existing in nature or being in high danger of extinction; which are strictly banned from exploitation or use for commercial purposes.
b/ Group II is the list of wild fauna and flora species of scientific or environmental values or high economic value, with few groups existing in nature or being in high danger of extinction; which are subject to restriction on exploitation and use for commercial purposes.
7. Specimens of wild fauna or flora species (hereinafter called specimens) means living or dead wild animals or plants, parts or derivatives thereof, which are easily recognized as having originated from wild animals or plants.
8. Activities for commercial purposes mean activities of exchanging goods or services or promoting trade in specimens of wild fauna and/or flora species for profits.
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