Thông tư 47/2012/TT-BNNPTNT

Circular No. 47/2012/TT-BNNPTNT of September 25, 2012, providing on managing the exploitation from the nature and the nurture of usual forest animals

Circular No. 47/2012/TT-BNNPTNT providing on managing the exploitation from the đã được thay thế bởi Decree 06/2019/ND-CP management endangered, precious and rare species of forest fauna and flora và được áp dụng kể từ ngày 10/03/2019.

Nội dung toàn văn Circular No. 47/2012/TT-BNNPTNT providing on managing the exploitation from the


THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness

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No. 47/2012/TT-BNNPTNT

Hanoi, September 25, 2012

 

CIRCULAR

PROVIDING ON MANAGING THE EXPLOITATION FROM THE NATURE AND THE NURTURE OF USUAL FOREST ANIMALS

Pursuant to Law No. 29/ 2004/QH11, of December 3, 2004, on Forest ranger and Development;

Pursuant to the Government's Decree No. 23/2006/ND-CP of March 03, 2006, on implementation of the Law on Forest ranger and Development;

Pursuant to the Government's Decree No. 01/2008/ND-CP of January 03, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; and the Decree No. 75/2009/ND-CP of September 10, 2009, amending Article 3 of the Decree No. 01/ 2008/ND-CP of January 03, 2008;

At the proposal of the Director General of Vietnam Administration of Forestry;

The Ministry of Agriculture and Rural Development promulgates the Circular providing on managing the exploitation from the nature and the nurture of usual forest animals.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment and subjects of application

1. Scope of regulation: This Circular prescribes the conditions, order of and procedures for exploitation from the nature and nurture of usual forest animals specified in the List of Usual forest animals issued together with this Circular in the territory of the Socialist Republic of Vietnam.

The exploitation of usual forest animals in special-use forests must also comply with the regulations on managing the special-use forest system.

This Circular does not adjust zones of sport facilities, hunting or recreation that have been established and operating in accordance with law, or sanctuaries for usual forest animals.

In case any treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Circular, the treaty prevails.

2. Subjects of application: This Circular applies to domestic agencies, organizations, domestic individuals and households, and foreign organizations and individuals conducting activities relating to the exploitation from the nature and nurture of usual forest animals prescribed in this Circular.

Article 2. Interpretation of terms

1. Facility nurturing usual forest animals (hereinafter referred to as nurture facility) is a place which is equipped with coops, cages, tanks or other equipment assuring for the nurture for reproduction and growth of forest animals in a controlled environment.

2. Farm nurturing usual forest animals for commercial purpose (hereinafter referred to as nurture farm) is a facility in which forest animals are kept in a concentrated manner and owned by an organization with the legal person status in accordance with law.

3. Specimens of usual forest animals (hereinafter referred to as specimens) include alive or dead usual forest animals, eggs, larvae, parts or derivatives that are easy for identification and originate from usual forest animals.

4. The usual forest animal exploitation from the nature (hereinafter referred to as exploitation) includes such activities as hunting, catching, trapping, shooting and other activities to take alive usual forest animal individuals, eggs or their larvae from their natural habitat.

5. Activities for commercial purpose include activities in exploitation, breeding, exchange, provision of services or trade promotion activities for specimens of usual forest animals with the profit-making purpose.

6. Activities for non-commercial purpose include cases of exploitation, breeding, exchange and provision of services for usual forest animal specimens without profit purposes such as diplomatic purpose, scientific research, exchange among zoos, non-profit exhibition, non-profit circus performance; exchange of specimens among CITES management agencies of the member states.

7. Local forest ranger agency is one of the following agencies: forest ranger offices of districts, towns or provincial cities; forest ranger offices of special-use forests, forest ranger offices of protective forests, forest ranger sub-departments of provinces or centrally run cities where there is no forest ranger office managing the area where usual forest animals are exploited or bred.

Chapter II

MANAGEMENT OF USUAL FOREST ANIMAL EXPLOITATION FROM THE NATURE

Article 3. Conditions for exploitation

Organization or individual that exploits species in the List of Usual forest animals promulgated together with this Circular must assure the following conditions:

1. Possessing an exploitation permit granted by a competent agency as prescribed in Articles 4 and 5 of this Circular;

2. Using tools and means that ensure safety during the exploitation and do not harm the habitat and environment;

3. Obtaining the consent of the forest owner, if organizations, individuals exploiting are not concurrently the forest owner;

4. Not exploiting for commercial purpose in national parks and nature conservation areas.

Article 4. Grant of permits for usual forest animal exploitation with commercial purpose

1. A dossier of application for an exploitation permit includes:

a/ The original application for an exploitation permit, presenting clearly contents: the name, address and serial number of the business license or identification card of the applicant; names of species, quantities,  place, time, purpose and methods of exploitation, made according to Form No.01 promulgated together with this Circular.

b/ The original explanation for exploitation plan clearly presenting contents: the name, address and serial number of the business license or identification card of the applicant; description of conditions of the exploitation area; time of exploitation; names of species and quantities to be exploited; means, tools and methods, list of persons who conduct the exploitation, made according to Form No. 02 promulgated together with this Circular;

c/ The original report on the assessment of the population of usual forest animal species requested to be exploited from the nature, clearly presenting contents: introduction of the consulting unit; overview of zone, measure, time and result; exploitation plan; conclusion and recommendations, made according to Form No.03 promulgated together with this Circular.

The population assessment report must be made by an organization that has the law-provided function of investigation, assessment and scientific research in forestry and biology;

d/ A notarized copy of the business registration permit, for organizations, or notarized copy of the identification card, for individuals, that applying for permits;

e/ The forest owner's original approval of the exploitation plan or cooperation contract with the forest owner, for applicants that are not concurrently the forest owners.

2. Licensing agencies for exploitation:

a/ The Departments of Agriculture and Rural Development of provinces or centrally run cities shall grant exploitation permits for usual forest animals in the forestry regions of forest owners under local management.

b/ Vietnam Administration of Forestry shall grant exploitation permits for usual forest animals in the forestry regions of forest owners under central management

3. Exploitation permits and their validity duration

a/ An exploitation permit must present clearly contents: name, address and serial number of the business license or identification card of organization or individual being granted; names of species, quantities,  place, time, means, tools, methods and list of persons conducting exploitation; purpose of exploitation and validity duration of the permit. The permit shall be made according to Form No.04 promulgated together with this Circular.

b/ The validity duration of the exploitation permit must be in accordance with the exploitation plan, but not exceed 30 (thirty) days.

4. Order of and procedure for submission of dossiers, appraisal of dossiers, grant of exploitation permits and returning results

a/ Method of filing dossiers: organizations and individuals shall submit directly or by post to the local forest ranger agency a set of dossier as prescribed in Clause 1 of this Article.

b/ Receipt of dossiers: The local forest ranger agency shall, within 05 (five) working days after receiving a dossier, check and confirm in writing the information in the dossier;

The local forest ranger agency shall send the dossier and written confirmation to the provincial-level Forest Ranger Sub-Department, if the area of exploitation is in forestry regions of forest owners under local management, or to the Nature Conservation Department of Vietnam Administration of Forestry, if the area of exploitation is in forestry regions of forest owners under central management.

If the dossier is improper, within 03 (three) working days from the date of receiving dossier, the local forest ranger agency shall inform such in writing to the applicant.

c/ Appraisal of dossiers and grant of exploitation permits

Within 10 (ten) working days after receiving a dossier forwarded by the local forest ranger agency, the provincial-level Forest ranger Sub-Department or the Nature Conservation Department of Vietnam Administration of Forestry shall form an appraisal council and organize dossier appraisal. Members of the council shall be decided by the provincial-level Forest ranger Department or the Nature Conservation Department of Vietnam Administration of Forestry, including representatives of the forest owner; forestry, environment and animal health management agencies; the head of the appraising agency is president.

The appraisal council shall review and assess the exploitation plans, report on population assessment, formulate an appraisal report; and make a report to the agency licensing exploitation.

Within 03 (three) working days after receiving the dossier and report of the provincial-level Forest ranger Department or the Nature Conservation Department of Vietnam Administration of Forestry, the provincial-level Department of Agriculture and Rural Development or Vietnam Administration of Forestry shall grant an exploitation permit or issue a written notice of the reason for non-grant of an exploitation permit.

d/ Method of returning results: Within 02 (two) working days from the date of signing exploitation permit or issuing a written notice of the reason for not granting a permit, the licensing agency shall send the result to the local forest ranger agency which has received the dossier. After receiving the result, the local forest ranger agency shall immediately hand over the result to the applicant.

5. Revocation of exploitation permits: The licensing agency may revoke an exploitation permit in case organization or individual granted the permit violates the provisions of this Circular or current law.

Article 5: Grant of permits for exploitation of usual forest animals for non-commercial purposes

1. A dossier of application for an exploitation permit includes:

a/ The original application for an exploitation permit, presenting clearly contents: the name, address and serial number of the business license or establishment decision of the applying organization; names of species, quantities, place, time; purpose, methods of exploitation, made according to Form 01 promulgated together with this Circular;

b/ The original explanation of exploitation plan clearly presenting contents: the name, address, serial number of the business license or establishment decision of the applying organization; description of conditions the exploitation area; time of exploitation; names of species, quantities to be exploited; means, tools and methods, list of persons conducting the exploitation, made according to Form 02 promulgated together with this Circular;

c/ A notarized copy of the written agreement on scientific research cooperation program or the decision to implement a scheme, project or program on scientific research into specimens; or the written approval by the Ministry of Agriculture and Rural Development of exploitation for cases of exploitation with diplomatic purpose, exchange among zoos, non-profit exhibition or non-profit circus performance, or specimen exchange with CITES management agencies of member states;

d/ A notarized copy of the business registration license or establishment decision of the organization applying for permit.

2. Agencies licensing exploitation

a/ The Departments of Agriculture and Rural Development of provinces or centrally run cities shall grant exploitation permits for usual forest animals in the forestry areas of forest owner under local management.

b/ Vietnam Administration of Forestry shall grant exploitation permits for usual forest animals in the forest forestry areas of forest owner under central management.

3. Exploitation permits and their validity duration

a/ An exploitation permit must clearly presenting contents: name, address and serial number of the business license or establishment decision of the granted organization; names of species, quantities, place, time, means, tools and methods, list of persons conducting the exploitation; purpose of exploitation; validity duration of the permit. The permit shall be made according to Form 04 promulgated together with this Circular.

b/ The validity duration of the exploitation permit must be in accordance with the plan of exploitation, but not exceed 30 (thirty) days.

4. Order of and procedures for filling dossiers, grant of exploitation permits and returning results

a/ Method of filling dossiers: Organizations shall submit directly or by post to the local forest ranger agency a set of dossier as prescribed in Clause 1 of this Article.

b/ Receipt of dossiers: The local forest ranger agency shall, within 05 (five) working days after receiving a dossier, check and confirm in writing the information in the dossier.

The local forest ranger agency shall send the dossier and written confirmation to the provincial-level Forest ranger Sub-Department, if the area of exploitation is in forestry area of forest owner under local management, or to the Nature Conservation Department of Vietnam Administration of Forestry, if the area of exploitation is in forestry area of forest owner under central management.

If the dossier is improper, the local forest ranger agency shall inform such in writing to the applicant within 03 (three) working days from the date of receiving dossier.

c/ Grant of exploitation permits

Within 03 (three) working days after receiving a dossier forwarded by the local forest ranger agency, the provincial-level Forest ranger Sub-Department or the Nature Conservation Department of Vietnam Administration of Forestry shall send the dossier and a report to the provincial-level Department of Agriculture and Rural Development or Vietnam Administration of Forestry.

Within 03 (three) working days after receiving the dossier and report of the provincial-level Forest ranger Sub-Department or the Nature Conservation Department, the provincial-level Department of Agriculture and Rural Development or Vietnam Administration of Forestry shall grant an exploitation permit or have a written notice of the reason for non-grant of a permit.

d/ Method of returning results: within 02 (two) working days from the date of signing an exploitation permit or a written notice of the reason for not granting a permit, the licensing agency shall send the result to the local forest ranger agency which has received the dossier. After receiving the result, the local forest ranger agency shall immediately hand over the result to the applicant.

5. Revocation of exploitation permits: The licensing agency may revoke an exploitation permit in case organizations granted the permit violates the provisions of this Circular or current law.

Article 6. Confirmation of exploited specimens

1. Within 01 (one) working day after ending each period of exploitation; or when the quantities of permitted specimens has been fully exploited; or the exploitation permit expires, organizations, individuals granted the permit shall make a list of usual forest animal specimens that have been exploited according to Form 05 promulgated together with this Circular, and send it to the local forest ranger agency for confirmation.

2. Within 03 (three) working days, the local forest ranger agency that has received the list of usual forest animal specimens that have been exploited shall confirm the result of the actual exploitation. If refusing to confirm, it must inform in writing clearly the reason thereof to the individual or organization concerned.

Chapter III

MANAGEMENT OF NURTURE OF USUAL FOREST ANIMALS

Article 7. Conditions for nurturing usual forest animals

Organization or individual that nurtures species in the List of Usual forest animals promulgated together with this Circular must assure the following conditions:

1. Possessing nurture facilities or a farm suitable to the growth and development characteristics of the species to be bred; assuring safety for people and bred animals; and complying with regulations on environmental sanitation and epidemic prevention;

2. Regarding the origin of usual forest animals:

a/ Being exploited from the nature domestic: Possessing a list of usual forest animal specimens confirmed by the local forest ranger agency.

b/ Being imported: Possessing an import declaration certified by the border-gate customs offices. All harmful exotic species as prescribed by law must not be bred in any form.

c/ Being bought from other organizations, individuals: Possessing dossier of the animal purchase and sale or exchange between the supplier and the breeder.

d/ Being handled by confiscation: Possessing the decision of a person competent to handle of exhibits or material evidences.

e/ Being usual forest animals that have been nurtured before this Circular takes effect: Within 90 (ninety) days after this Circular takes effect, organizations and individuals that are nurturing usual forest animals shall make a list of usual forest animals according to Form 05 promulgated together with this Circular and send to the commune-level People's Committees where that nurture facility located for confirmation.

The individuals or organizations that are nurturing usual forest animals shall take responsibility before law for the lawful origin of the bred animals.

Article 8. Certification of farms nurturing usual forest animals for commercial purpose

1. A dossier of application for a nurture farm certificate includes:

a/ The original application for a nurture farm certificate must clearly present contents: the name, address and serial number of the business license or establishment decision of organization; names, quantities and origins of bred species; place and description of the nurture farm, made according to Form 06 promulgated together with this Circular, and containing the certification of the commune-level People's Committee;

b/ A notarized copy of the approval of environmental impact assessment report or the written commitment to ensure the environmental and hygienic conditions as prescribed by law.

2. The agency granting the nurture farm certificate: is the local forest ranger agency.

3. Nurture farm certificates and their validity duration

a/ A certificate must clearly present contents: name, address and serial number of the business license or establishment decision of the organization granted certificate; names, quantities, origins of bred species, made according to Form 07 promulgated together with this Circular.

b/ A certificate has a validity duration of up to 03 (three) years from the date of issuance.

4. The order of and procedure for filling dossiers, grant of certificates and returning results

a/ Method of submission of dossiers: Organizations shall submit directly or by post to the local forest ranger agency a set of dossier as prescribed in Clause 1 of this Article.

b/ Receipt of dossiers and certification: The local forest ranger agency shall, within 05 (five) working days after receiving a dossier, verify and grant a nurture farm certificate and open a monitoring book according to Form 09 promulgated together with this Circular. In case the dossier is improper, the local forest ranger agency must notify in writing the reason thereof to the applicant.

c/ Method of returning results: The local forest ranger agency shall hand the certificate of nurture farm to the organization granted within 3 (three) working days from the date of its grant.

5. Revocation and renewal of nurture farm certificates and addition of bred species

a/ The agency that has issued nurture farm certificates may revoke a nurture farm certificate in case the farm violates the provisions of this Circular or current law.

b/ Re-grant of nurture farm certificates: Within 30 (thirty) days before the expiry of a nurture farm certificate, the nurture farm owner shall send directly or by post a written application as prescribed at Point a, Clause 1 of this Article to the local forest ranger agency; within 03 (three) working days from the date of receipt of the application, the local forest ranger agency shall renew the certificate or notify in writing the reason for not renewing the certificate to the applicant.

c/ Registration of supplementing species to be bred: Within 10 (ten) days after supplementing new species into the nurture farm, the nurture farm owner shall send directly or by post a written application as prescribed at Point a, Clause 1 of this Article to the local forest ranger agency.

Within 05 (five) working days after receiving the application, the local forest ranger agency shall grant a supplementation to certificate or notify in writing the reason for not granting supplementation to certificate  for the applicant.

6. The certificates which have been granted to nurture farms before this Circular is promulgated are still effective. When such certificate expires, the procedure to apply for grant of a certificate is complied with this Circular.

7. After sending a written application for a nurture farm certificate as prescribed in Clause 1 of this Article, the farm owner shall open a book to monitor bred species according to Form 10 promulgated together with this Circular.

Article 9. Notification of facilities nurturing usual forest animals

1. Households or individuals that nurture usual forest animals shall send directly or by post a written notice of nurture facilities to commune-level People's Committees, clearly presenting the name and address of the nurture facility owner; names, quantities and origins of species requested to be bred; and the location of the nurture facilities according to Form 08 promulgated together with this Circular.

2. The commune-level People's Committee that receives written notices shall open a book for monitoring according to Form 09 promulgated together with this Circular.

3. After the notification, the households or individuals that are nurturing usual forest animals must open a monitoring book according to Form 10 promulgated together with this Circular.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 10. Responsibilities for guidance and implementation

1. Vietnam Administration of Forestry shall:

a/ Direct the guidance and examination of the implementation of this Circular in nationwide; summarize the implementation and report and propose to the Ministry of Agriculture and Rural Development on the situation and policies on management of usual forest animals in nationwide.

b/ Annually coordinate with related organizations in reviewing and proposing to the Ministry of Agriculture and Rural Development for consideration to adjust, amend, supplement the List of Usual forest animals promulgated together with this Circular.

2. Provincial-level People's Committees shall direct, examine and supervise to ensure to properly implement provisions of this Circular and regulations of law in their localities.

3. Provincial-level Departments of Agriculture and Rural Development (Forest Ranger Sub-Departments) shall:

a/ Advise provincial-level People's Committees on the propaganda, guidance and examination of the implementation of this Circular and regulations of law in their localities.

b/ Make periodical reports on the exploita­tion and nurture of usual forest animals and submit them to Vietnam Administration of Forestry before March 31 of the subsequent year, or make irregular reports according to Form 11 promulgated together with this Circular.

c/ Propose competent state agencies to promptly settle difficulties and obstacles for nurture facility owners in their localities.

Article 11. Effectiveness

1. This Circular takes effect on November 9, 2012.

2. This Circular replaces the provision in Article 1 of the Circular No. 25/2011/ TT-BNNPTNT of April 6, 2011, of the Ministry of Agriculture and Rural Development, amending, supplementing and canceling a number of provisions on administrative procedures in the field of forest protection and development in according to the Resolution No. 57/NQ-CP of December 15, 2010.

3. In the course of implementation, any arising problems should be promptly reported to the Ministry of Agricul­ture and Rural Development for consideration, amendment and supplementation.

 

 

 

FOR THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
DEPUTY MINISTER




Ha Cong Tuan

 

* Note: All the forms and list of this Circular have not yet been translated.


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