Quyết định 339/QD-TCLN-VP

DECISION

DEFINING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF VIETNAM CITES MANAGEMENT AUTHORITY AFFILIATED TO VIETNAM ADMINISTRATION OF FORESTRY

DIRECTOR GENERAL OF VIETNAM ADMINISTRATION OF FORESTRY

Pursuant to the Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Government’s Decree No. 06/2019/ND-CP dated January 22, 2019 on management of endangered, rare and precious species of forest fauna and flora and observation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Pursuant to the Prime Minister’s Decision No. 28/2017/QD-TTg dated July 03, 2017 defining the functions, tasks, powers and organizational structure of the Vietnam Administration of Forestry, Decision No. 24/2020/QD-TTg dated August 27, 2020 providing amendments to Decision No. 28/2017/QD-TTg;

Pursuant to the Decision No. 2903/QD-BNN-TCCB dated July 04, 2017 of the Ministry of Agriculture and Rural Development authorizing Directors General and Directors of Departments and Agencies to promulgate Decisions defining the functions, tasks, powers and organizational structure of their affiliated units;

At the request of the Chief of the Office of Vietnam Administration of Forestry (VNFOREST);

HEREBY DECIDES:

Article 1. Position and functions

1. Vietnam CITES Management Authority is an organization affiliated to Vietnam Administration of Forestry that has the functions to advising and assisting VNFOREST's Director General in performing state management tasks, rights and obligations of Parties of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (hereinafter referred to as “CITES”).

2. Vietnam CITES Management Authority has its own seal to perform licensing function and international transactions, and has its operating expenses covered by VNFOREST in accordance with law regulations.

The office of Vietnam CITES Management Authority is located in the premises of VNFOREST, Hanoi City.

International name: The Viet Nam CITES Management Authority.

Article 2. Tasks and powers

1. Submit the following documents to Director General:

a) Strategies, programs, annual, medium-term and long-term plans, schemes, projects, mechanisms, policies and legislative documents on implementation of CITES; lists of endangered species of wild fauna and flora, and facilities that cultivate or breed plant or animal species in CITES Appendices. Instruct, inspect and organize the implementation of these documents as prescribed.

b) National technical regulations, technical rules and procedures for breeding of CITES-listed endangered species of wild fauna and flora.

2. Join and ensure the performance of rights and obligations of a Party of CITES:

- Organize the implementation of CITES resolutions and decisions, prepare annual national reports on implementation of CITES and other technical reports at the request of the Secretariat, meetings of Conference of the Parties and Committees.

- Issue and revoke permits and certificates in accordance with the Law of Vietnam and CITES.

- Print and issue CITES permits and certificates.

- Propose amendments to lists of endangered species of wild fauna and flora in CITES Appendices.

- Instruct, issue and cancel registration numbers of facilities that cultivate or breed endangered, precious and rare species of forest fauna and flora, and endangered species of wild fauna and flora; captive breeding, captive rearing and artificial propagation of aquatic species in CITES Appendices; carry out registration of facilities breeding endangered species of wild fauna and flora specified in CITES Appendix I for commercial purposes that are eligible to export species mentioned above with the CITES Secretariat;

- Play the leading role and cooperate with relevant agencies in carrying out inspection of export, import, re-export, introduction from the sea and transit of specimens of endangered, precious and rare species of forest fauna and flora and endangered species of wild fauna and flora in CITES Appendices at border checkpoints.

- Provide advices about the establishment of missions to attend meetings of the Conference of the Parties, and meetings of the Standing Committee, Plants Committee and Animals Committee.

3. Play the leading role and cooperate with CITES scientific authority of Vietnam and relevant authorities and organizations in observing CITES in Vietnam.

4. Play the leading role and cooperate with relevant parties in providing professional training for management authorities, organizations, family households and individuals related to CITES observation in accordance with CITES regulations and the Law of Vietnam.

5. Request competent authorities to provide guidelines, and handle CITES specimens seized under the Law of Vietnam and CITES regulations

6. Translate and publish lists of endangered species of wild fauna and flora in CITES Appendices after amendments to such lists are approved in the Conference of CITES Parties; translate and publish the CITES guidance on sampling for appraisal of endangered species of wild fauna and flora after obtaining approval from the Director General of VNFOREST.

7. Enter into negotiation of and submit bilateral and multilateral agreements on control of trade in specimens of endangered wild fauna and flora in CITES Appendices.

8. Establish database serving the management of captive breeding and captive rearing farms, and facilities artificially propagating animal and plant species in CITES Appendices.

9. Act as a contact point assisting the Director General of VNFOREST in playing the role of national representative at the International Consortium on Combating Wildlife Crime (ICCWC), Global Tiger Forum (GTF), Monitoring the Illegal Killing of Elephants (MIKE) programme, Elephant Trade Information System (ETIS), ASEAN Wildlife Enforcement Network (ASEAN-WEN) and the ASEAN Experts Group on CITES (AEG-CITES).

10. Issue, extend, replace, re-issue and revoke FLEGT licenses as prescribed; establish FLEGT licensing database.

11. Prepare consolidated reports on performance of tasks under its authority as prescribed.

12. Disseminate and educate about laws on observation of CITES and prevention of illegal trade in animal and plant species in CITES Appendices.

13. Perform other tasks assigned by Director General of VNFOREST.

Article 3. Organizational structure

1. Vietnam CITES Management Authority has a Director and Deputy Directors (the number of Deputy Directors shall comply with current regulations). Appointment and dismissal of Director and Deputy Directors of Vietnam CITES Management Authority shall comply with current regulations.

a) Director shall manage and direct general operations of Vietnam CITES Management Authority, assume responsibility before Director General of VNFOREST and legal liability for operations of Vietnam CITES Management Authority; assign officials to perform tasks in accordance with regulations.

b) Deputy Directors shall assist Director in monitoring and directing some operations as assigned by Director; assume responsibility before Director and legal liability for assigned tasks.

2. Vietnam CITES Management Authority has a Southern Representative Office located in Ho Chi Minh City.

3. Officials performing professional tasks shall be assigned by Director and assume responsibility before Director and legal liability for their assigned tasks.

Article 4. Effect

This Decision comes into force from the date on which it is signed.

This Decision supersedes the Decision No. 293/QD-TCLN-VP dated August 17, 2017 defining functions, tasks, powers and organizational structure of Vietnam CITES Management Authority affiliated to Vietnam Administration of Forestry.

Article 5. Responsibility for implementation

The Chief of Office of VNFOREST, Director of Vietnam CITES Management Authority, Directors/Directors General of Departments/Agencies and heads of relevant agencies/units are responsible for the implementation of this Decision./.