Decree on the management of export operations, the import and the transit of animals, wild plants the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law to protect and develop forests on August 12, 1991;

Pursuant to the law on environment protection 27 December 1993;

Base Protection Ordinance and develop aquatic resources on April 25, 1989;

Basing the Ordinance on signing and implementing international treaties on August 20, 1998;

Pursuant to the International Convention on the trade in the animals, endangered wild plants (CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA-CITES abbreviation);

To preserve and make sustainable trade for the animals, wild plants fit the provisions of CITES and the laws of the Socialist Republic of Vietnam;

According to the recommendation of the Minister of agriculture and rural development, the DECREE: chapter one: GENERAL PROVISIONS article 1. This Decree detailing the export, import, re-export and enter from the sea of specimens of the species of wild animals, according to the provisions of CITES and the laws of the Socialist Republic of Vietnam.

Article 2. In this Decree, the terms below are interpreted as follows: 1. Species: includes a species or a species or an animal and plant populations difference geographically.

2. Species hybrids: the result of the mating or implanted two species or two extra species of animals or plants against each other.

3. Rare species: are the animals, wild plants are specified in the list of the decree dated 17/18 January 1992 of the Council of Ministers (Government) and the laws of the Socialist Republic Vietnam.

4. common Wildlife: are the only animal species including insects, reptiles, amphibians, birds, mammals are not specified in the appendices of CITES Convention, Decree No. 18 dated January 17, 1992 and regulations prohibit or restrict the exploitation, use in the text of other laws of Socialist Republic Vietnam.

5. Sample: are animals, wild plants alive or dead or a part or derivative of them or the products derived from wild plants, animals.

6. Export, import, re-export and enter from the sea animals, wild plants for commercial purposes: is bringing specimens of animal species, wild plants across the border or territorial waters of the Socialist Republic of Vietnam for the purpose of profit in the form of cash , goods, trade, service providers, other use forms or other economic benefits.

7. Export of specimens: is bringing specimens of animal species, wild plants out of the territory of the Socialist Republic of Vietnam.

8. the re-export of specimens: is the export of specimens of species of wild plants, animals had previously been lawfully imported into the territory of the Socialist Republic of Vietnam.

9. Import the sample: is bringing specimens of animal species, wild plants on the territory of the Socialist Republic of Vietnam.

10. Enter from the sea: is putting on the territory of the Socialist Republic of Vietnam of specimens of the species specified in the appendices of CITES from the waters not under the jurisdiction of any country.

11. Transit: is the transport or transfer of specimens of species of wild plants, animals placed under customs control through the territory of the Socialist Republic of Vietnam to a third country.

12. export Port, the port of import is, ports or roads, railway crossings of the Socialist Republic of Vietnam is specified for export or import of specimens of species of wild plants, animals.

13. control environment: the environment is human management aims to create the pure or create a hybrid, the hybrid selectively. The environment must have clear boundaries to prevent intrusion or distributing of animals, eggs or gametes out or into the managed environment.

14. Camp breeding: captive is the wildlife species is derived from the legal nature to take the product was born in controlled environment.

15. artificial cultivation Base: where are the planting, transplanting from seed, sprouts, or grafting or the way of breeding in controlled environment the species of wildlife being exploited legally from nature.

16. Generation of F0, F1, F2: a) F0 is the live animals, eggs or gametes to be tapped from nature or the son born in the controlled environment but is the result of the mating in the wild;

b) F1 is the reproductive outcomes of individuals arrested outside nature (F0) was raised in controlled environment. Results of reproduction (F) any breeding with a F0 in the control environment is considered (F1);

c) F2 is the result of the reproduction of the father-mother pairs (F1) are breeding and mating in controlled environment.

17. Appendix of CITES include: a) Appendix I: is the category of animals, wild plants threatened with extinction and strictly prohibited the export, import, re-export and enter from the sea for commercial purposes;

b) Appendix II: is the category of animals, wild plants are not currently threatened with extinction, but may lead to extinction if the export, import, re-export and enter from the sea for commercial purposes of these species are not controlled;

c) Appendix III: is the category of animals, wild plants that a member country made to control the export, import, re-export and enter from the Sea requires the cooperation of other Member States to control the export, import, re-export trade purposes.

List of species of wild fauna specified in Appendix I, II CITES can be modified through the Conference Member States meeting in two years.

18. Personal property: is the individual owned specimens, used not for commercial purposes. Specimens of the species are illegal mining that Vietnam law prohibits the extraction, use is not considered to be personal property.

19. The specimen Convention: money is the sample is specified in the appendices of CITES have been legally before July 20, 1994 was the day of the Socialist Republic of Vietnam joined CITES. The specimen Convention money must register with the CITES Management Authority of Vietnam.

20. Member States: is the country that CITES has been in force in that country.

21. non-members countries: countries that CITES is not yet in force in that country.

Chapter 2: EXPORT and import of SPECIMENS of SPECIES of WILD PLANTS, ANIMALS are PRESCRIBED in the APPENDIX of CITES Article 3.

1. Prohibits the export, import, re-export and enter from the sea for commercial purposes of specimens of species of wild plants, animals are specified in Appendix I of CITES.

2. The export, import, re-export and enter from the sea of specimens of species of wild plants, animals are specified in Appendix I of the CITES Convention is only done when meet the following conditions: a non-commercial purpose);

b) consistent with the laws of the Socialist Republic of Vietnam;


c) export permit, import, re-export and enter from the sea by the CITES Management Authority agency Vietnam.

3. The licensing of the export, import, re-export and enter from the sea of specimens of species of wild plants, animals are specified in Appendix I of the CITES Convention and point c paragraph 2 this is done when the meet the following conditions: a) for export: scientific authority CITES Vietnam advice that the export does not affect the sustainability of species that exist in nature;

CITES management authorities recognized Vietnam import license of specimens by the CITES Management Authority of importing country previous level;

CITES Management Authority agency Vietnam acknowledges that specimens are mined legally under the law of the Socialist Republic of Vietnam;

CITES Management Authority agency Vietnam confirm the transport of live specimens must be well prepared to ensure maximum reduction, injury hazard to the sample.

b) import: scientific authority CITES Vietnam admit specimens were imported into Vietnam does not affect the existence of sustainable species and other species existing in nature;

CITES Management Authority agency Vietnam acknowledges the specimens were imported into Vietnam in accordance with the provisions of the CITES Convention;

CITES Management Authority agency Vietnam admitted the samples which are not used for commercial purposes;

CITES Management Authority agency Vietnam confirmed the Organization, individuals receive specimens have enough conditions on farm and other conditions for keeping and care of live specimens.

c) re-export: the CITES Management Authority agency Vietnam recognized that specimens were legally imported into Vietnam;

CITES Management Authority agency Vietnam confirm the transport of live specimens must be well prepared to ensure maximum reduction, injury hazard to the sample.

d) enter from the sea: scientific authority CITES Vietnam acknowledges the sample in the territory of the Socialist Republic of Vietnam does not affect the existence of sustainable species and other species existing in nature;

CITES Management Authority agency Vietnam identify specimens that are not used for commercial purposes.

CITES Management Authority agency Vietnam confirmed the Organization, individuals receive specimens have enough conditions on farm and other conditions for keeping and care of live specimens.

Article 4.

1. The export, import, re-export and enter from the sea of specimens of species of wild plants, animals are defined in Appendix II of CITES is only done when a permit for export, import, re-export and enter from the sea by the CITES Management Authority agency Vietnam.

2. The licensing of the export, import, re-export and enter from the sea of specimens of species of wild plants, animals are specified on Appendix II of the CITES Convention and paragraph 1 of this article only made when meet the following conditions: a) for export: scientific authority CITES Vietnam advice that the export does not affect the existence sustainability of species in nature;

CITES management authorities admit Vietnam specimens were mined legally under the law of the Socialist Republic of Vietnam;

CITES Management Authority agency Vietnam confirm the transport of live specimens must be well prepared to ensure maximum reduction, injury hazard to the sample.

b) import: export license of the CITES management authorities of the exporting country;

CITES Scientific Authority advise Vietnam that the import of this species in Vietnam does not affect the existence of sustainable species and other species existing in nature;

CITES Management Authority agency Vietnam confirm the transport of live specimens must be well prepared to ensure maximum reduction, injury hazard to the sample.

c) re-export: the CITES management authorities admit Vietnam specimens were imported into Vietnam in accordance with the provisions of CITES and the laws of the Socialist Republic of Vietnam;

CITES Management Authority agency Vietnam confirm the transport of live specimens must be well prepared to ensure maximum reduction of the dangerous, causing injury to the sample.

d) enter from the sea: scientific authority CITES Vietnam advising that the type does not affect the existence of sustainable species and other species that we have in nature;

CITES Management Authority agency Vietnam confirm the transport of live specimens must be well prepared to ensure maximum reduction, injury hazard to the sample.

Article 5.

1. The export, import, re-export of specimens of species of wild plants, animals, are specified in annex III of the Convention proposed by the Vietnam CITES only made when there is a licence to export, import, re-export by the CITES Management Authority of Agency in Vietnam or have certificates by the CITES Management Authority is granted if the Vietnam species not because Vietnam proposed in annex III.

2. The licensing, certificates for export, import, re-export of specimens of species of wild plants, animals are prescribed in Appendix III of the Convention and paragraph 1 of this article CITES only made when meet the following conditions: a) exports: CITES Management Authority agency Vietnam acknowledges that specimens are mined legally according to the country law Vietnam Socialist Republic.

CITES Management Authority agency Vietnam confirm the transport of live specimens must be well prepared to ensure maximum reduction, injury hazard to the sample.

b) import: export permits by the CITES Management Authority of the exporting country if exported from the country have proposed bringing the species to Appendix III of the Convention CITES or paper certificate, certificate of origin if exported from the country did not suggest that species on Appendix III of CITES.

CITES Scientific Authority advise Vietnam that the import of this species in Vietnam does not affect the existence of sustainable species and other species existing in nature.

c) re-export: the CITES Management Authority agency Vietnam acknowledges that specimens were legally imported into Vietnam.

Chapter 3: EXPORT and import of SPECIMENS of SPECIES of WILD PLANTS, ANIMALS are PRESCRIBED in the APPENDIX of CITES is DERIVED by BREEDING or ARTIFICIAL FARMING article 6.

1. The export, import, re-export specimens of animal species, wild plants are specified in the annex of the Convention CITES originating cause breeding or artificial farming is only done when a permit for export, import, re-export by the CITES Management Authority of Agency in Vietnam.

2. Allowed to export and import for commercial purposes of specimens of species of wild plants, animals are specified in Appendix I of the CITES Convention originating cause breeding or artificial cultivated from generation (F2) at the breeding farm or artificial cultivation base.

3. In the activity causing reproduction breeding or artificial farming activities of the species specified in Appendix I of the CITES Convention, the same parent corporation must be certified and must be managed in order to maintain the long term ability to create successive generations.


4. Camp breeding or artificial cultivation base of animals, plants are specified in Appendix I of the CITES must be registered with the CITES Management Authority of Vietnam.

Article 7.

1. Allowed to export and import of specimens of the species of animals, wild plants are specified in annex II, III CITES originating cause breeding or artificial farming from the F1 generation at the breeding farm or artificial cultivation base.

2. breeding Farms and artificial cultivation base of animals, plants are specified in annex II, III of CITES to be registered with the provincial Rangers are CITES Management Authority authorized Vietnam.

 

Chapter 4: export and IMPORT of SPECIMENS of the ANIMALS, PRECIOUS, rare WILD PLANTS in ACCORDANCE with the VIETNAMESE LAW article 8.

1. export Bans for commercial purposes of specimens of the species of animals, plants, rare and precious wildlife Vietnam law regulations is strictly prohibited, tapped to use though not specified in Appendix I of CITES. In this particular case, the Minister of agriculture and rural development decided not to export for the purposes of trade in specimens of the animals, precious, rare wild plants specified in this paragraph.

2. Allowed the export of specimens of species of wild plants, animals and rare says in paragraph 1 of this article, the originating cause of breeding or artificial farming from the F2 generation at the breeding farm or artificial cultivation base has registered with the CITES Management Authority of Vietnam.

Article 9. Specimens of animals, plants, rare and precious wildlife is limited, use under the provisions of legislation of the Socialist Republic of Vietnam that was not specified in the appendices of CITES, when export, import certificates must be exported or imported only certificate by the CITES Management Authority agency Vietnam.

Article 10. Specimens of animals, plants in the wild in Vietnam, Vietnam laws that allow the exploitation, use, or restrict the exploitation, use, but are specified in the appendices of CITES when exports are subject to the provisions of the CITES Convention.

Chapter 5: EXPORT and import of SPECIMENS of the SPECIES of WILD ANIMALS USUALLY article 11.

1. The export, import, re-export of specimens of the species of wild animals are usually the source of legitimate exploitation only be done if there are certificates for export, import, re-export by the CITES Management Authority of Agency in Vietnam.

2. The certificate of export, import and re-export of specimens of the wild animals typically prescribed in paragraph 1 of this article only made when meet the following conditions: a) exports:-scientific authority CITES Vietnam advice that the export does not affect the existence of that species sustainable in nature.

-CITES management authorities admit Vietnam specimens were mined legally under the law of the Socialist Republic of Vietnam.

b) import: CITES Scientific Authority advise Vietnam that entering the specimen does not affect the existence of sustainable species and other species existing in nature;

c) re-export: the CITES Management Authority agency Vietnam acknowledges the specimens that were legally imported into Vietnam.

Article 12. The export of specimens of species of wild animals usually have source breeding in breeding camps registered with the provincial Ranger bodies be encouraged and not to limit the number.

Chapter 6: the CITES MANAGEMENT AUTHORITIES of VIETNAM article 13. The Ministry of agriculture and rural development is the CITES management authorities, Vietnam has the functions, duties and powers: 1. To represent the Government of the Socialist Republic of Vietnam participated in the meeting of the Member countries.

2. Relations with the CITES Secretariat, the Member States, the international organization to implement CITES in Vietnam.

3. regular annual reports and periodic reports 2 years on the implementation of the Convention under the provisions of the CITES Convention, submitted to the relevant agencies of Vietnam and the CITES Secretariat.

4. Hosted, in cooperation with the authorities to enforce CITES in Vietnam, including the following: a) drafted for submission to the Government or ministries departments issued under the authority of the regulations on the export, import and export of animals, wild plants;

b) compiled the materials propagating awareness about the CITES for the community;

c) consult the authorities in specifying or changing the port of export, importing the animals, wild plants as defined by CITES;

d) made Inspector of the export and import of specimens of species of wild plants, animals at the gate roads, railways, ports and airports;

DD) periodically published directory of animals, wild plants are specified in the appendices of CITES were added after the Conference the Member States two years meeting;

e) review, grant, and revoke licenses, certificates for export, import, re-export or enter from the sea of specimens of species of wild animals, according to the current rules and collect licensing fees. With the Ministry of fisheries in the review, licensing of export, import, re-export or enter from the sea of specimens of species of wild plants, animals living in the water are regulated in the Appendix of CITES;

g) in the case of need, the Agency CITES Management Authority of Vietnam will mark the sample allowed to export and import;

h) Guide, supervise, inspect and test the breeding farm animals and artificial cultivation base plant for commercial purposes;

I) authorize provincial Ranger Agency made the registration of breeding farms and artificial cultivation base for these animals, wild plants are specified in annex II, III of CITES and the species of wild animals;

k) conducting the procedure of registration with the Secretariat of the international CITES the breeding farms and artificial cultivation base of animals, wild plants in Appendix I of the CITES Convention eligibility regulations and the export quota of the camps;

l) build 3 rescue centre, wildlife in 3 northern, Central, southern, in Hanoi, Da Nang and Ho Chi Minh City;

m) training organization, professional training for Rangers, police, border guards, customs, taxation, market management, specialized inspectors and plant protection, the specialized veterinary inspectors to co-ordinate inspection, check the export and import of animals, wild plants in accordance with the provisions of CITES and the law of Vietnam;

n) established the Vietnam CITES Office at FPD in the Ministry of agriculture and rural development. The Office has a permanent function for CITES management authorities Vietnam.

5. The responsibility of the Ministry of agriculture and rural development is the Agency CITES Management Authority of Vietnam: a) in collaboration with the scientific authority CITES Vietnam suggest amending the list of species of animals, plants and rare of Vietnam to put into the Appendix of CITES;

b) along with the scientific authority CITES Vietnam determine the annual export quota for the breeding or artificial cultivation base of animals, wild plants have been registered;


c) construction details technical standard defined the breeding farms and artificial cultivation base, regulating the marking of specimens, and regulations on transport of live animals.

Chapter 7: the SCIENTIFIC AUTHORITY CITES VIETNAM article 14. The Institute of ecology and resources center in natural sciences and technology and the National Center for research resources and the environment in the National University of Hanoi's two scientific authority CITES Vietnam to function, the following tasks: 1. scientific advice for CITES management authorities of Vietnam : a) distribution status, level of rare, endangered species of animals, wild plants as well as the level of the threat to our existence in nature to propose the number of the export permit annually for commercial purposes;

b) regulated conditions of carriage of live animals;

c) build the technical standards of the breeding farms and artificial cultivation base;

d) the licensing, export certificate, import, re-export and enter from the sea of specimens of the species specified in the appendices of CITES;

DD) identified specimens, specimen identification, scientific term;

e) Rescue Centre building and choose the drop-scene-born wildlife species seized in the course of checking, control;

g) condition and the condition of the specimens care the animals, wild plants are regulated in the Appendix of CITES to be allowed to import or enter from the sea.

2. Attend the meetings by the CITES Secretariat.

3. Drafting the scientific documentation and prepare the proposals along with CITES management authorities sent Vietnam CITES Secretariat to supplement the class or species in Appendix I, II of CITES at the meeting of the Member countries. Preparation of scientific documents to CITES management authorities to send the Secretariat CITES Vietnam on the inclusion of a certain species on Appendix III or to recommend withdrawal of a certain species out of Appendix III of CITES when deemed necessary.

4. Build and print the documentation on identification of animal species of wild plants, Vietnam is prescribed in the Appendix of CITES.

Chapter 8: LICENSING, EXPORT CERTIFICATE, IMPORT of article 15. The export, import, re-export and enter from the sea of specimens of species of wild plants, animals are only done when a permit or certificate to export, the importing agency CITES Management Authority of Vietnam.

Article 16. Each export shipment, importers must have an original license or own original certificates attached. Must present licenses, certificates when exporting, importing the specimen or when the competent authority request.

Article 17.

1. Licences and certificates must have full information about the specimen is allowed to export, import. On the CITES permit must be stamped with symbol CITES for Vietnam due to the CITES Secretariat.

2. CITES permits are in form and only apply to the species are regulated in the Appendix of CITES. In the case of specimens of animal species, plants in the appendices of CITES was due in Vietnam certificate regulations.

3. the CITES permit Form, sample certificates, signed by the person specified on the license and stamp on the license is registered to CITES Secretariat notification to all Member States.

4. Permits and certificates for export, re-export by the CITES Management Authority has granted Vietnam the maximum validity period not exceeding 6 months from the date of issue and term of not more than 1 year for the licence, import certificate paper.

5. Licenses, certificates have been granted no longer worth being repaired, erasing, overdue, to cede, is a copy or not by the CITES Management Authority agency Vietnam. The licenses, certificates issued is inconsistent with the provisions of the law in the country of export, the importer shall have no value in Vietnam.

Article 18.

1. organizations, individual licensing requirements for export, import, re-export and enter from the sea of specimens of the wild animals must meet the following conditions: a) the business registration license of export and import items of plant, animals in the wild by the competent authority;

b) has the tax code export and import has been registered with customs;

c) have the original contract agreements between organizations, individuals in the country with foreign organizations;

d) certificate of animals, wild native plants causing artificial breeding, farming or mining license under the provisions of the law;

DD) minutes check the number of reproductive animals at the farm, the number of plants are causing growing in artificial cultivation base or a verification of the number and types of exploitation under licence by the competent authority at local level;

e) The original tax receipt of resources (for the animals, wild plants from nature);

g) in case the unit is not to be granted a license to exploit directly to the original delivery contract between the Organization and individuals in the country together.

2. organizations and individuals participating in the export, import, re-export and enter from the sea of specimens of species of wild plants, animals not for commercial purposes must have proof of the legal origin of the shipment.

3. The transport of live specimens must conform with the current rules on the carriage of the international aeronautical Association and the regulations of transport of CITES.

Article 19. The licensing procedure is defined as follows: 1. Profile licensing requirements include: a Single license request) send CITES management authorities form unified Vietnam;

b) the papers of the shipment as specified in article 18. Consignee must take responsibility for the accuracy and legality of the papers.

2. organizations and individuals who are licensed to submit the fee as prescribed by the law.

3. Within a period of not more than 7 business days from the date of receipt of a valid application of the Organization, the individual licensing requirements, the Agency CITES Management Authority of Vietnam made the licensing. In case of refusal is sent written notice the reason for the Organization, the individual submitting the petition to grant the license.

Article 20.

1. Allowed to export, import and re-export specimens of animals, plants are regulated in the Appendix of CITES from Vietnam to a country not a member when CITES meets the following conditions: a) the licences and certificates of the country not yet a member must have a name , and signature of the authority equivalent to the CITES Management Authority of the Government of that country to be specified;

b) identification of the exact species according to the criteria of the Convention;

c) certificate of origin or the paper explains the no certificate of origin by the Agency the equivalent of CITES management authorities are Government it specifies;

d) If the export of specimens of species in Appendix I and II, the science agency equivalent to the CITES Scientific Authority by the Government that specifies the certification confirms the exploitation of the samples it is legal and does not affect the existence of that species in nature;

DD) if the re-export from the country is not a member agency, CITES the equivalent of CITES management authorities are Government that specifies the certificate imported into the country it is made not contrary to the provisions of the Convention;


e) When the export of live specimens from countries not members of the CITES the transportation must be well prepared to minimize the danger or injury to living specimens.

2. CITES management authorities recognized Vietnam authorities equivalent if the Agency has informed the CITES Secretariat or after consultation with the CITES Secretariat.

3. Imported animals, plants are specified in the appendices of CITES which cause breeding or artificial farming in countries not members after consultation with the CITES Secretariat.

4. Imported the species in Appendix I of the CITES Convention for the purpose of preserving or protecting species that after consultation with the CITES Secretariat.

Article 21. The Agency CITES Management Authority of Vietnam does not import license of specimens in Vietnam if it deems the imported specimens are potentially pathogenic factors or harmful development for nature Vietnam or bad influence for Vietnam's economic activities.

Article 22. CITES Management Authority agency Vietnam implement revocation of licenses, certificates if: 1. The licence is granted based on false information by the Organization, individuals provided permissions request.

2. CITES Management Authority agency Vietnam received new information about the violation of CITES or other regulations relating to import, export, re-export, or import the content from the sea of the Organization, the individual is licensed.

3. organizations, individual licensees must submit paid licenses, certificates are not yet used for CITES Management Authority within a period not exceeding 15 days from the expiration date indicated on the licence or certificate.

Article 23.

1. organizations and individuals responsible for licensing, please provide additional, full of information about the shipment for when CITES management authorities asked Vietnam.

2. organizations and individuals who are licensed to be responsible before the law when the order to cede, self-repairing, erasing or editing the details stated in the license.

3. In addition to the license fee prescribed in clause 2 article 19, in case of need, the Organization, the individual licensing requirements also must pay the costs of the assessment or identification of specimens.

4. organizations and individuals licensed as export, import, re-export of specimens of species of wild plants, animals have to implement the provisions in the text of current legislation related to export, import of the Socialist Republic of Vietnam.

 

Article 24.

1. the CITES Management Authority agency Vietnam granted licenses to export, import, re-export for specimen, the specimen Convention money as personal property when the Organization of individual licensing requirements, provide adequate documentation to prove the legality of the sample.

2. The export, import, re-export of specimens of species of wild plants, animals for scientific purposes, donate, exhibit and circus performances by Ministry of agriculture and rural development decided.

Article 25. In the process of shipping specimens in transit must have full legal papers accompanying the shipment. If the shipment is live animals must comply with the provisions in paragraph 3 to article 18.

Chapter 9: INSPECTION, testing and PROCESSING of VIOLATION of Article 26. Ranger body, customs, police, border guard, taxation, market management, animal quarantine, plant quarantine, quarantine fisheries, depending on function, his mission is responsible for the inspection, testing and processing the violation under the provisions of the law against hunting behavior , purchase, storing, improper transportation of animals, wild plants.

Article 27.

1. Keeping live animals pending the decision to ensure safety for people and cared for the animals.

2. The specimens seized that quarantine authorities confirmed as suffering from the disease or have seed for disease-causing the destruction. The destruction is conducted according to the existing provisions of the law.

3. Handle specimens seized: a) seized specimens originating in the country is processed according to the article 27 of Decree 79/CP dated 29 November 1996 of the Government on sanctioning administrative violations in the field of forest management, forest protection and management of forest products;

b) specimens seized foreign origin be sent back country of origin. All expenses due to the individual or the Organization of export/import or leave water resistant specimens. The case of the country of origin origin is not received then the processing is applied as the sample originated in water.

Article 28. Organizations and individuals violating the provisions of this Decree, then depending on the nature and extent of the violation may be subject to administrative sanction or prejudice criminal liability according to the current rules of the law of the Socialist Republic of Vietnam: 1. The organization, individuals are violations of regulations on forest management , forest protection and management of forest products sanctioned administrative offense under Decree No. 77/CP on November 29, 1996 on sanctioning administrative violations in the field of forest management, forest protection and management of forest products.

2. Individual violations that the extent of damage in excess of the maximum level in sanctioning administrative violations of mining, hunting, transporting, selling and buying illegal plants, wildlife and rare or ordinary (derived from nature), being prejudice criminal liability as defined in the Criminal Code of the Republic of social democracy meaning Vietnam.

3. organizations and individuals violating the regulations on the protection of biodiversity and nature conservation, the Government sanctioned under Decree No. 26/CP on April 26, 1996 by the Government on sanctioning administrative violations in the field of environmental protection, or prejudice the criminal responsibility according to the provisions in the Criminal Code of the Republic of social democracy meaning Vietnam.

4. organizations and individuals violating the regulations on mining, shipping, trade, and plant species list by the Ministry of fisheries management being processed according to the Ordinance on the protection and development of aquatic resources on April 25, 1989 and Decree No. 48/CP dated 12 August 1996 by the Government on handling administrative violations in the field of security protect aquatic resources.

5. organizations and individuals violating the customs rules shall be dealt with by administrative decree No. 54/CP dated 21 July 1998 by the Government on sanctioning administrative violations in the field of customs.

6. organizations and individuals who violate the rules in the field of trade on the export, import, transport goods were handled administratively according to Decree No. 12/CP of March 1 1996 of the Government on sanctioning administrative violations in the field of trade.

7. organizations and individuals violating the regulations on protection and quarantine then sanctioned by administrative decree No. 78/CP dated 29 November 1996 of the Government on sanctioning administrative violations in the field of plant quarantine and protection.

Article 29.

1. organizations and individuals have the right to appeal administrative decisions, administrative acts of the State administration, of the authority in the State administrative bodies when be grounded for that decision, behaviour that is contrary to the provisions of this Decree, rights, legitimate interests.

2. Citizens have the right to report to the Agency and the competent person behavior contrary to the provisions of this Decree of any organization, the individuals would cause damage or threat of damage to the interests of the State, the legitimate rights and interests of citizens and of the organization.

3. The resolution of the complaints, accusations are made according to the provisions of the law on finance on December 2nd, 1998.

Chapter 10 the TERMS ENFORCED


Article 30. The Ministry of agriculture and rural development is responsible for guiding, inspecting the enforcement of this Decree organized periodic Government reports, and notify the relevant industry in the implementation of the CITES Convention.

Article 31. The Decree has effect after 15 days from the date of signing.

The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, the central cities in the jurisdiction and responsibilities implementation of this Decree.

The previous provisions contrary to this Decree are repealed.