Decision No. 95/2008/QD-BNN promulgating the Regulation on management of raised bears

18 OFFICIAL GAZETTE ~uenos01~ber20Q8 (Gong BaD nos 571-578/Of;trfr)er 19, 2008) THEMINISTRY QFAGRICULTUREAND RURALDEYEWPMENT nllCTSION No. 9;;J2008JQD BNN 011 SEPTEMBER 29,2008, PROMULGATING © VIETNAM LAW & LEGAL FORUM Issue nos 01-o2lOctober2008 (r-llno Ranllfl.<: 577-578 /OctnbpJ 1.Q, ?OOR) OFFICIAL GAZETTE THE REGULATION ON MANAGEMENT OF RAISED BEARS THE MINISTER OFAGRICULTUREAND RURAL DEVELOPMENT Pursuantto the Government's Decree No.01/ 200&ND-CP of January 3, 200B, defining the functions, tasks. powers and organizational strncture oftheMinistryofAgriculture andRural Development; Pursuant totheGovernment's Decree No. 82/ 20061ND-CPofAugust10,2lXJ6, onmanagement ofimport, export, re export. introductionfrom the sea, transit. raisingfor reproduction, raising and artificial transplantation of endangered wild animal and plant species; Pursuantto the Government's Decree No.32/ 20061ND-CP ofJune 30, 2006. on management of endangered, precious and rareforest plants and animals; At th" l'rTIpmnl nf fhp director of the Forest Protection Department. DECIDES: Article 1.- To promulgate together with this Decision the Regulation on managementofraised bears Article 2.- This Decision replaces the Agriculture and RuralDevelopment Minister's Decision No. 47I2OO61QD-BNN of June 6. 2006. promulgating the Regulation on management of raised bears. This Decision takes effect 15 days after its publication in "CONG BAO". Article 3.- Presidents ofPeople's Committees ofprovinces andcentrallyruncities, heads ofunits of the Ministry of Agriculture and Rural Development; directors of provincial-level Agriculture and Rural Development Services. directors of Forest Protection Sub-Dtpattments and concerned organizations and individuals shall implement this Decision. For the Minister of AgrWulture and Rural Dellewpment VICe Minister HUADUCNHI. REGULATION ON MANAGEMENT OF RAISED BEARS (Promulgated togetherwith the Agricultureand RlJrnl nl'V"lnpmpnt Mini..tpr'e n"ri../.rm Nn Q'V 2008fQD-BNNofSeptemba 29, 200B) C1uIpter I GENERAL PROVISIONS Article 1.- Scope of regulation and subjects of application 1. Scope ofregulation This Regulation provides for the management © VIETNAM LAW & LEGAL FORUM 20 OFFICIAL GAZETTE Issue nos 01'()2IOctober 2008 (COng B80nos 577-578/October 19, 2008) of individual bears thatareraisedina controlled environment (below referred to as raised bears) and is not applicable to bears living in thenatural environment. 2. Subjects ofapplication Subject to this Regulation are domestic organizations, households and individuals, overseas Vietnamese and foreign organizeuons and individualsinvolved in bearraisingactivities in the Vietnamese territory (below referred to as kat ratse s). Altide 2.- Prohibited acts 1. Hunting, trapping, purchasing, selling, slaughterlng, transporting, advertising, exporting, importing iemporarily importing andre-exporting bears and bear products and derivatives in contravention oflaw. 2. Raising bears without making management recordsonend implantingmicrochips intobears, orraising beatsthatdo nothavea lawful origin. 3.Raising bears withoutbreedingfacilities and farms or with breeding facilities andfarms that fail to satisfy the conditions specified in this Regulation, Chapter II c.-'ONDITIONStUR BEAR RAISING Anicle 3,- Bear farms 1.Farms raising bears in cavity: aJHavinga spaceforplacingbreedingfacilities (C:Hef'S:) f'lT:'I IpJln tothat can ..h:uip.fain, sunshine andprevent unfavorable weather conditions for bears; hi Havingsurrounding wallsbuiltatleast20cm thick and L8m high, strong and safe to ensure thatbearscannot escape: d Having a waste treatment system according to Article6 of thisRegulation. 2. Farms raising bears in a semi-natural environment :'II Farms raising hears in a semi-natural environmentmustbe surrounded withwalls built at least 40cm thick and 2.5m with hard metal fences above at least sOcm high , strong and safe to ensure that bears cannot escape. Surrounding walls must be at least 2maway from other works (plan of protection fence in Appendix I to this Regulation, notprintedherein). b1The areaforraising bears in a semi-natural environment must be at least 150m2! bear. Article 4.- Breeding facilities L A breeding facility (cage) means a place forkeepingbearsinsideandmaybemade ofhard metal or built withconcrete,bricksor other strong matenals. "1 'hebreedingtacinty prescribed below is applicable to the raising of an individual bear (except baby bears not yet separated from mothers). TIle size uf a breeding Iaciluy which accommodates many bears must match the number of bears. 2. For a hard metal cage a1Dimensions:At least 15m long, 1.5mwide and 2m high: © VIETNAM LAW & LEGAL fORUM Issue noS OHl2lOctober 2008 (GOng &0 tiro 577-5781OdDber 19, 20(0) OFFICIAL GAZETTE 21 hi Frame: mustbe madeof hard metal tubes with a diameter of at least 25mm or solid hard metal with a diameter ofat least 18mm;joints of the frame must be welded to ensure solidity and safety; d Front, cover, back and two sides; must be made of solid hard metal with a diameter of at least j Znuu, joiute lIIU1>1 be welded lu Ih~ fuuue; the distance between bars must be even and maximum 7cm, all sides must be strong and safe to Cll3U£C thnr beers cannotescape or stickout their limbs; dI Floor: must be made of solid hard metal w.illl a W.:ulLt:lt'r vfat ~t 121Ilm; joints must be welded to the cage frame; the floor must be weavedintonets; the distance betweenbarsmust be even and maximum 6 em; the Floor must be strong andsafe to ensure thatbearscannotescape. Thefloor must beat least 25cm above the ground. t:J A cage must have a stainless hard metal manger which is placed in a convenient position or detachable for regularcleaning; the cage floor must be cemented Of tiled, dud Muping IUI easy cleaning; flDoor: must have a lock bolt to ensure safety; gIPosition: must beinan airy place in summer and out of the wind in winter; cage sides must be at least SOcm away from other bear cages, surrounding walls or other objects; this distance must be at least 3m for the door side. 3. For a built breeding facility: aJ Dimensions: at least 2mlong; 2m wide; 2m high; hi The breeding facility must have maximum three sides built at least 20Cm thick (or at least lOcm thick, if built with liard metal-Iiarrred concrete); walls and floor must be smoothly cemented or tiled; the floor must be sloping for wastewater drainage, if sides arc made ofmetal, they must meet the requirements specified at Points band c, Clause 2, Article 4 of this Regulation; cIThe breeding facility musthave 3 manger which is placed in a convenient position at detachable fur regular cleaning, dI The breeding facility must be built in an airyplace; itswalls mayhe builtadjacent toOlher breeding ractlines': if walls are made of metaJ. they must be at least 50cm away from other breeding facilities, surrounding walls or other objects; this distance must be at leest Sm fUI the breeding facility's door side. 4.Breeding facilities for bearsraisedinasemi natural environmentmay bebuiltormade ofmetal underClauses 2 and3,Article4of thisRegulation; must have a front door for bears to move in and out and a backdoor foe cleaning; all d<a's can be opened and closed from outside. Artttle :).- Environmental sarutanon endwaste treatment I A T::IicinS f::lnn I11I1..:t be ('~rtared by a provincial-levelenvironmentmanagementagency to meethygienic andenvironmental requirements. 2.A raising farmmusthavea waste treatment system meeting environmental sanitation requirements such as biogas tank, antisepticta:nk Orother relevant solutions and may not directly © VIETNAM LAW & LEGAL FORUM 22 OFFICIAL GAZETTE Issue nos O1-o2lOctober 2008 (Gong 88.0 /lOS577·5781October 19, 2(08) discharge wastes intotheenvironment. 3. A raising farm and its breedingfacilities must be cleaned regularly and may not leave leftovers and waste polluting the environment. Article 6.- Feedingand veterinary care 1. A bear farm must have a veterinary technician or enter into a contract with a veterinarian or an animal health establishment to give care and medical treatment to bears. 2. A bear farm must have a book recording diseases ofeachbear (madeaccording totheform in Appendtx ill to this Regulation, not printed he";"). 3. A.~ farm must have a separate place for storing feed; feed and water must be hygienically safe; daily feed. and water must be sufficiently given to bears. ChopterIIl REGISTRATIONOF BEARFARMS AND TRANSPORTATION OF BEARS Article 7.-Conditions forbearfarm registration 1.Bears havea lawfuloriginandmanagement records and. areimplanted with a microchip. 2. Farms and breeding facilities satisfy the conditions specified in Articles 3. 4, 5 and 6 of this Regulation. 3. Written approval by a commune-level People's Committee of the establishment of the bear farm in the locality. Arti£le 8.- Dossiers ofapplication for bearfann certificates Abearraiser shall make a dossier ofbear farm registration and submit it to a Forest Protection Sub-Department (or a provincial Agriculture and Rural Development Service, for provinces thatdo not have a Forest Protection Sub-Department). Such a dossier comprises: L An application for bear fann registration (made according to the form in Appendix IV to thisRegulation, notprintedherein) certified bya commune-levelPeople'sCommittee underClause 3, Article 7 of this Regulation. 2. Papers on the lawful origin of bears or records of bears which have been registered for uranagerueru aud hnplanted with a microchip. 3.Adetailed illustration drawingof thebear fann and breeding facilities enclosed with photos. 4.A notarized copy of the labor contract with a veter iuary technician Of the contract with a veterinarian or ananimal healthestablishmentfor veterinary care. 5. A written certification on the bear farm's satisfaction of hygienic and environmental requirements by a provincial-level environment management agency. Article 9.- Competence and order ofgranting bear fann certificates 1. Competence to grant bear farm certificates: The agency receiving dossiers of bear fann © VIETNAM LAW & LEGAL FORUM Issue nos 01.Q2/October 2008 (Cong BSo nos5n-578/October 19, 2008) OFFICIAL GAZETTE 23 registration specified in Article 8 of this Regulation has the competence to grant bearfann certificates. 2. Order of granting bear farm certificates: aJ Establishment of an Assessment Council: The agency receiving dossiers of bear fann registration shall set up an Assessment Council to evaluate registration dossiers. An Assessment Council is composed of the chairman being a representative of the Forest Protection Sub Department (or provincial-level Agriculture and Rural Development Service, for a province orcity which does not have a Forest Protection Sub Department) andmembers being representatives ofthe AnimalHealth Sub-Department, provincial! municipal Natural Resources and Environment Service, provincial/municipalEnvironment Police Section and administration of the commune (ward) where theapplying bear farm is located; b1TasksofanAssessment Council: Toconduct field inspection of material foundations of certificate-applying bear farms; to make an assessment report to serve as the basis for competent authorities to consider and grant bear farm certificates ifthe conditions specified in this Regulation aremet; clTIme ofassessment: Within 5 working days from the time ofreceiving a full dossier under Article 8ofthis Regulation, the dossier-receiving agency shallset upanAssessmentCouncil. Within 5 working days from its establishment, the Assessment Council shall complete the assessment report; dJ Time limit for granting bear farm certificates: Within 5 working days afterreceiving an assessment report, the agency receiving the dossier ofbearfarmregistration shall grant a bear farm certificate (made according to the form in Appendix V to this Regulation, notprintedherein) t('o an I;'JigjbJ~ farm (\I' reply in writing teo the applying bear raiser on the conditions or procedures that he has failed to meet. At1i<le 10.- Transportation ofbears I. Conditions: a/Only bears specified inClause 1,Article 7 of this Regulation are allowed to be transported; blBears which have hadmanagementrecords and been implanted with a microchip must be examined byaForestProteetion Sub-Department (or a regional Forest Protection Agency for provinces thatdonot have a Forest Protection Sub Department) to determine the chip code at the place of departure; cI Establishments receiving bears are certified bear fanns or rescue establishments under the State's current regulations; dI To ensure conditions of safety aIld health for bears in the course of transportation. 2.Dossiers of request forbeartransportation: A bear raiser shall make a dossier of request for bear transportation and submit it to a Forest Protection Sub-Department (ora regional Forest ProtectionAgency for provinces that do not have a Forest Protection Sub-Department), such a dossier comprises: aJ A written request for bear transportation (made according to the form in Appendix VI to this Regulation, notprintedherein); © VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos 01.Q2lOctober2008 (Cong Bao nos !i77..~7R/Clcft:JbJ;!r 19, 2008) bl Papers on the lawful origin of bears or records of hears, having been registered for management and implanted with a microchip; d A copy of the bear farm certificate of the plece ofdestination. In ecce cftrcncporting beers froma province toanother, a written approval of such transportation by theForestProtection Sub I.lepartment (or provincial-level Agriculture and RuralDevelopment Service, forprovinces thatdo not have a Forest ProtectionSub-Department) of the locality to which bears are transported. 3. Competence and order of granting bear transportationpermits: aI Competence to grant bear transportation permits: tfle agencyreceiving dossiers of request for bear transportation specified in Clause 2. Article 10of this Regulation hac the competence to grant bear transportationpermits. b/ Tasks of the agency receiving dossiers of request for beat transportation: To verify and chock microchip, (forbearsimplanted with microchips), to make written certification of the number of bears to be transported and grant hear transportation permits under thisRegulation and the State'scurrentregulations onexaminationand control of forest products. d TIme limit for granting bear transportation permits: Within 10working days after receiving acomplet.e dossier, theagency competent to grant bear ttansportationpermits shall certify in writing thenumber ofbears to be transported andissue a document approvi.ng bear transportation withi.n a provinceorgrantpermits for specialtransportation from a province to another;in case of refusal,the aeencY shall give the requester the reason in writing. dI Competence and time of granting bear tnm.<;pe:n:l:~tion permits: A bear-raiser shall make- a written request for transporting bears enclosed withthebearfarm certificateof thereceivingbear farm and submit it tn the Forest Protection Suh Department (or provincial-levelAgriculture and RuralDevelopmentServicefor a provinceor city that does not have a Forest Protection Sub Department) ofthelocalityofdestination. Within 5 workingdays,thedossier-receivingagencyshall examineandgive written approvalor disapproval of thebear nansportation. ClwpterlV HANDLING OF BEARSVOLUNTARILY DELIVEREDTO THE STATE, DEAD AND SICK BEARS Article 11.- Handling of bears voluntarily deliveredto the State by bear raisers 1. Dossiers of request for bear delivery to the State: Bear raisers who wish to deliver bears to the State shall submit a written request (made according to the form in Appendix VII to this Regulation, not printed herein) enclosed with papersontheorigin ofbears to aForestProtection Sub-Depamnem (or provincial-levelAgriculture and Rural Development Service for a provinceor city thatdoes nothave a Forest Protection Sub Department). 2.Agencieshandlingthetransferofvoluntarily deliveredbears aJ A Forest Protection Sub-Department (or provincial-level Agriculture and Rural DevelopmentServicefora provinceor city which does not have a Forest Protection Sub © VIETNAM LAW & LEGAL FORUM Issue nos O1.Q2IQctober 2008 (cang Sao nos 5Tl-578!Ocf.oJx1r 19, 20(8) OFFICIAL GAZETTE 25 Department) may decide on the transfer of bears to units within a province; bl The Forest Protection Department may decide on the transfer of voluntarily delivered Ut::iII~ uauouw ilk::. 3. Time limit for handling voluntary delivery ofbears: Within 5 working days afterreceiving a written request for voluntary delivery of bears, a Forest Protection Sub-Department (or provincial-level Agnculture and Rural Development Service for a province or city which does not have a Forest Protection Sub-Department) shall complete procedures for rransferring bears to units in a province or report to the Forest Protection Department ifno unit in theprovince can receive ~I>. 4. Bears voluntarily delivered to the State by bear raisers may be transferred to the following esraousnmems: a/ Bear rescue establishments, wild animal rescue centers; bI Zoos and domestic research and training institutions for research, display and environmental education purposes; cl Bear farms satisfying the conditions specified in this Regulation that voluntarily raise bears for rescue and conservation purposes; dI Other organizations under competent state agencies' decisions. Article 12.- Handlmg of dead or sick bears I. Responsibilities of bear raisers: Within l(one) day after a bear dies or is certified by a person in charge of animal health to have contracted a disease which threatens to cause an epidemic or pollute the environment, a bearraiser shall report by the fastest way ofcommunication to the local forest protection body or Forest Pr(\tPrtl( Sllh-~lxlttm€'nt (or provincial-level Agriculture and Rural Development Service for a province or city which does not have a Forest Protection Sub-Department). 2. Tasks of the agency notified ofdead or sick bears: To coordinate with the local animal bealth agency in making an on-tile-spot record of the dead or sick bearwhich must specify thecause of thedeath andthechipcode of thedead bear(for bears implanted with a microchip). Aftermaking the record, to organize the culling according to law. In the course of culling, to satisfy requirements on disinfection and environmental sanitation to prevent disease spread. C/uwterV RFSPONSmILmFS OF BEAR RAISERS AND MANAGEMENT AGENCIFS Article 13.- Responsibilities ofbear raisers 1.To raise individual bears in accordance with this Regulation. "10 beheldresponsible tetore law if bears cause unsafety, environmental pollution and epidemics. 2. To keep records on every bear (according to the form in Appendix vm to thisRegulation, not printed herein). 3. To make an annual report of the preceding year before January 15 every year and extraordinary reports on bear farms' bears (breeding, sickness, death and other incidents) to © VII:TNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos01-o2JOetober 2008 (Cong Bao nos 5776781Octobcr1(), 20(8) theForest ProtectionAgency(orprovincial-level ~Iture and Rural Development Service for a province or city which does not have a Forest Protection Sub-Department). 4.Tobe subjectto theexaminationandcontrol of competentstateagencies. Artidf 14.- Respons ibifities uf sune managementagencies 1.Pro...mcial-level People'sCommitteesshall direct 10Cil1 functional agenciesin organizingand specifymgtimelimitsfor satisfying theconditions on breedingfacilities specified in Articles 3, 4, 5 and 6 of uusRegulation. 2. The Forest Protection Department shall examine and guide the implementation of the Regulation on management of raised bears and simultaneously review and report on the management of raised bears nationwide to the Mirustry or Agnculture and Rural Vevelopment. 3.The Forest Protection Sub-Department (or provincial-level Agriculture and Rural Develop mentService fora province or city whichdoesnot have a Forest Protection Sub-Department) shall: aJ Advise provincial-level People's Committees on managing bears raised in their loc.:Wtie:i; organizing the propagation, and guiding the implementation, of this Regulation and relevant regulations of the State; hi Organize annual or extraordinary (when necessary) inspection and examination; make an annual overall report of the preceding year (according to the form in Appendix IV to this Regulation, notprintedherein)and submit it to the Forest Protection Department before January 30 every year, 1:/ Direct their attached units in receiving regular and irregular reports from bear raisers; certify new-born, dead, departing and arriving bears. Grant special permits for transporting beers from a province orcentrally runcity to another; dI Supervise and detect acts against this Regulation and law; handle or advise competent state agencies on handling acts of violation; eI Coordinate with concerned agencies in organizing tileasscssruenr ofbear Ianus, giant and withdraw bear farm certificates. A bear farm certificate is valid for five years. Upon the expiration of this duration, a bear farm shall be reassessed and may obtain a new certificate if it meets the conditions specified in this Regulation; fJAdvise provincial-levelPeople'IS Committees and coordinatewith functional agencies in handling cases of violating this Regulation under current regulations, and organise the culling of beers according to law. ClwplerVI HANDLING OF VIOLATIONS AND FUNDS FOR IMPLEMENTATION Article 1:f.- Handling of violations 1. Organizations and individuals that commit acts ofviolating this Regulation shall, depending on thenature andseverity of their violations, be handled according to current law. 2. After being confiscated, bears shall be handled according to the Ministry ofAgriculture andRural Development's regulations guiding the post-confiscation handling of material evidence being forest animals. © VIETNAM LAW & LEGAL FORUM Issue nos 01-D2JOctober2008 (Cong Bao nos5T7-578!Octob9r 19, 2(08) OFFICIAL GAZETTE '11 Arti£le 16.- Funds for management of raised bears 1. Bear raisers shall-ensure sufficient funds for caring and raising bears and building breeding facilities specifiedin Articles3,4, 5 and6 of this Regulation. 2. Funds for bear management comply with the Finance Ministry's CircularNo.591200sm BTC of July 4, 2008, guiding the management and useof incomesfrom thehandling ofviolations ofregulations againstsmuggling, tradefrauds and fake goods. In caseofinsufficiency, thefollowing funding sources may be used: aJ Local budgets to ensure funds for Forest ProtectionSub-Departments (orprovincial-level Agriculture andRural Development Services for provinces or cities which do not have a Forest Protection Sub-Department) to manage raised bears in localities; bl The Ministry of Agriculture and Rural Development shall ensure funds for the Forest Protection Department to direct and guide the implementation of this Regulation. 3. Funds for transporting bears voluntarily delivered to the State by bear raisers shall be covered by bear-receiving units. 4. To encourage domestic and foreign organi;wtions and iadividuala toprovidc financial and technical assistance for conservation, rescue and management ofbears. For the Ministerof Agricultureand Rural Development Vice Minister HUADUCNHI © VIETNAM LAW & LEGAL FORUM