CITES management authority and scientific authority of Vietnam

CITES management authority and scientific authority of Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is CITES?

According to Article 1 of Decree 06/2019/ND-CP, CITES stands for convention on International Trade in Endangered Species of Wild Fauna and Flora

2. CITES management authority of Vietnam

CITES management authority of Vietnam according to Article 33 of Decree 06/2019/ND-CP is as follows:

- The Ministry of Agriculture and Rural Development shall provide regulations on the organizational structure of the CITES management authority of Vietnam in conformity with CITES regulations and Vietnamese law provisions which is responsible to assist the Ministry of Agriculture and Rural Development in complying with regulations specified herein.

- The CITES management authority of Vietnam has its own legal status, stamp and account; headquarters in Hanoi and two other representative offices in the Middle and the South of Vietnam.

- Functions and duties of the CITES management authority of Vietnam:

+ Participate in meetings between CITES parties and exercise rights and obligations of a CITES party on behalf of Vietnam;

+ Take charge and cooperate with the CITES scientific authority of Vietnam and relevant entities in observing the CITES in Vietnam;

+ Perform activities related to international cooperation and disseminate CITES observation and prevention of illegal trade in endangered wild fauna and flora by the media;

+ Translate and publish the list of CITES-listed endangered species of wild fauna and flora after amendments to such list are approved in the conference of CITES parties and publish the CITES guidance on sampling for appraisal of endangered wild fauna and flora;

+ Propose amendments to the list of endangered species of wild fauna and flora specified in CITES Appendices;

+ Grant and revoke permits and certificates specified herein and grant confirmation as requested by the importing country;

+ Print and issue CITES permits and certificates;

+ Provide guidelines on, issue and discard the code of facilities raising endangered, precious and rare forest animals and plants and CITES-listed endangered wild fauna and flora;

Make registration of facilities raising endangered wild fauna and flora specified in CITES Appendix I for commercial purpose that are eligible to export species mentioned above with the CITES secretariat;

+ Carry 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 CITES-listed endangered species of wild fauna and flora at the border checkpoint;

+ Handle and provide guidelines on handling CITES specimens seized under the Vietnamese law provisions and CITES provisions;

+ Take charge and cooperate with relevant parties in providing professional training for management authorities, organizations, family households and individuals related to CITES observation;

+ Sign bilateral and multilateral agreements on control of trade in specimens of CITES-listed endangered wild fauna and flora on behalf of Vietnam;

- The State shall provide funding for activities performed by the CITES management authority of Vietnam and encourage domestic and foreign organizations, family households and individuals to support the aforesaid activities.

3. CITES scientific authority of Vietnam

CITES scientific authority of Vietnam according to Article 34 of Decree 06/2019/ND-CP as follows:

-  The Minister of Agriculture and Rural Development shall appoint scientific authority with appropriate professional skills and capacity as the CITES scientific authority of Vietnam and notify such appointment to the CITES secretariat.

- Functions and duties of the CITES scientific authority of Vietnam:

Give advice to the CITES management authority of Vietnam and relevant management authorities about the following matters if required:

+ Current state of the population, distribution area and endangered, precious or rare level of endangered wild fauna and flora in nature and establishment of an exploitation quota;

+ Grant of CITES permits and certificates for export, import, re-export and transit of specimens of CITES-listed endangered species of wild fauna and flora;

+ Scientific names of fauna and flora;

+ Appraisal of specimens of wild fauna and flora;

+ Rescue of and care for alive specimens;

+ Appropriate habitat and distribution area for the purpose of releasing the seized wild animals;

+ Breeding, rearing and artificial production of wild fauna and flora; appraisal of projects on breeding, rearing or artificial production of wild fauna and flora;

+ Disclosure of the list of species with potential for breeding for commercial purpose.

- Be authorized in writing by the CITES management authority of Vietnam to check breeding, rearing or artificial production facilities, export, import, re-export, introduction from the sea and transit of specimens if necessary.

- Participate in international conferences, meetings and seminars related to CITES observation.

- Compile scientific documents and proposals concerning CITES observation; prepare technical reports as required by the CITES secretariat; cooperate with the CITES management authority of Vietnam and other law enforcement bodies in sampling for appraisal of specimens if required.

- The State shall provide funding for activities carried out by the CITES scientific authority of Vietnam related to provisions of advice on management of endangered, precious and rare forest fauna and flora and CITES observation for the CITES management authority.

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