Quyết định 47/2006/QĐ-BNN của Bộ Nông nghiệp và Phát triển nông thôn về việc ban hành Quy chế về quản lý gấu nuôi

DECISION

ON PROMULGATION OF THE REGULATION ON MANAGEMENT OF RAISED BEARS

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Government's Decree No. 86/2003/ND-CP of July 18, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Government's Decree No. 32/2006/ND-CP of March 30, 2006, on management of endangered rare and precious forest flora and fauna;

Pursuant to the Government Office's Document No. 2822/VPCP-NN of June 7, 2004, on the scheme to handle bears raised in captivity in Vietnam;

At the proposal of the Director of the Forest Ranger Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on management of raised bears.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO."

Article 3.- To annul the previous regulations of the Ministry of Agriculture and Rural Development on management of bears raised in captivity, which are contrary to the regulations in this Decision.

Article 4.- The director of the Office, the director of the Forest Ranger Department, and relevant units of the Ministry of Agriculture and Rural Development, and concerned organizations and individuals shall have to implement this Decision.

REGULATION

ON MANAGEMENT OF RAISED BEARS
(Promulgated together with Decision No. 47/2006/QD-BNN of June 6, 2006 of the Minister of Agriculture and Rural Development)

Article 1.- Scope of regulation and subjects of application

This Regulation provides for the management of individual bears being raised in isolation from the natural environment (hereinafter called raised bears), which is applicable to domestic organizations, households and individuals, overseas Vietnamese, foreign organizations and individuals engaged in bear raising in the Vietnamese territory (hereinafter called bear breeders).

Article 2.- Management principles

1. Only individual bears for which management documents have been compiled and which have been implanted with electronic chips under Decision No. 02/2005/QD-BNN of January 5, 2005, of the Minister of Agriculture and Rural Development, promulgating the Regulation on management of raised bears, can be permitted for continued raising.

2. Bear breeders shall have to raise individual bears to the end of their lives under the conditions defined in this Regulation and current regulations of the State.

3. The State shall not recognize the bear breeders' ownership over individual raised bears.

4. All individual bears raised in contravention of this Regulation shall be confiscated. The breeders of such individual bears shall bear legal liability under the current provisions of law.

Article 3.- Prohibited acts

1. Buying, selling, advertising, exporting, importing, temporarily importing for re-export bears and their products in contravention of the provisions of law.

2. Slaughtering, exploiting, transporting, dealing in bear gall and other organs.

Article 4.- Changing the places of raising the documented and/or electronic chip-implanted bears

Bear breeders may relocate their bear-raising places when the following conditions are fully met:

1. Individual raised bears have been documented for management, and/or implanted with electronic chips under Decision No. 02/2005/QD-BNN of January 5, 2005, of the Minister of Agriculture and Rural Development, promulgating the Regulation on management of raised bears.

2. The bear breeders have their proposals on relocation of bear-raising places certified by Forest Ranger Offices of provinces or centrally-run cities (hereinafter collectively referred to as provincial-level Ranger Offices) where the individual bears are being raised. In localities where Ranger Offices are not available, provincial/municipal Services of Agriculture and Rural Development shall give certification. The form of proposal on relocation of bear-raising places is issued together with this Regulation (not printed herein).

3. There are records on electronic-chip implanting under the Regulation on management of raised bears, promulgated together with Decision No. 02/2005/QD-BNN of January 5, 2005, of the Minister of Agriculture and Rural Development, in the course of relocating individual bears.

4. In cases where individual bears are transported to locations outside the provinces or centrally-run cities, special transportation permits issued by provincial-level Ranger Offices of the localities where the individual bears have been raised before relocation are required as provided for in Article 5 of the Regulation on Forest Product Inspection and Control, promulgated together with Decision No. 59/2005/QD-BNN of October 10, 2005, of the Minister of Agriculture and Rural Development.

5. The bear breeders shall notify the provincial-level Ranger Offices of the localities where the individual bears are received before the transportation thereof for consideration and examination of the bear-raising conditions.

6. The bear breeders shall have to ensure safety for people and bears, not causing environmental pollution in the course of transportation of individual bears.

Article 5.- Handling of individual bears born to individual bears already documented for management and/or implanted with electronic chips

1. The bear breeders shall have to nurture individual bears given birth to by individual bears already documented for management and/or implanted with electronic chips for one year at most counting from the date such individual bears are born.

2. Provincial-level Ranger Offices shall supervise and recover individual bears born from those bears already documented for management and/or implanted with electronic chips for transfer to bear rescue centers.

Article 6.- Handling of individual bears voluntarity handed over to the State by bear breeders, individual bears confiscated under the State's regulations and individual bears defined in Article 5 of this Regulation

1. Individual bears voluntarily handed over to the State by bear breeders and individual bears confiscated by competent state bodies can be transferred to one of the following organizations:

a/ Bear Rescue Centers, wild animal rescue centers.

b/ Zoos, domestic research and training institutions for the purposes of research and environment education.

c/ International wildlife conservation organizations.

The Forest Ranger Department shall guide and supervise the transfer of individual bears strictly according to the provisions of Vietnamese law and the Convention on International Trade of Endangered Species (CITES Convention).

2. Bear rescue centers shall have to release into forests individual bears which are adaptable to the natural environment and other safety conditions; the rescue organizations shall keep and nurture individual bears which cannot be released into forests.

3. For individual bears effected with diseases which threaten to cause epidemics, environmental pollution or individual bears which cannot be transferred under the provisions of Clause 1 of this Article, provincial-level Ranger Office shall have to organize the destruction thereof under the provisions of law.

Article 7.- Responsibilities of bear breeders

1. To raise individual bears already documented for management and/or implanted with electronic chips; to raise individual bears born to mother bears already documented for management and/or fixed with electronic chips under the provisions of Clause 1, Article 5 of this Regulation till they are transferred.

2. To ensure that bear cages are large enough for bears to easily move to and fro; to ensure safety conditions for people, bears and other domestic animals and ensure environmental hygiene. To bear responsibility before law if their raised bears cause injuries or death to people or cause environmental pollution.

3. To send biannual and irregular reports on the situation of their raised bears (birth, disease, death, other incidents) to local Ranger Offices.

Article 8.- Responsibilities of state management bodies

1. The Forest Ranger Department shall direct and guide the implementation of this Regulation, make sum-up report on the management of raised bears nationwide to the Ministry of Agriculture and Rural Development.

2. Provincial-level Ranger Offices shall have the responsibilities:

a/ To advise provincial/municipal People's Committees on the management of bears raised in localities, to propagate and guide the implementation of this Regulation to bear breeders, appoint officials to conduct periodical inspections once every six months or irregular inspections when necessary.

b/ To direct their attached units to receive from bear breeders periodical and irregular reports defined in Clause 3, Article 7 of this Regulation; to certify newly born bears, dead bears, and bears transferred to and fro. To grant special permits for transport of bears to places outside their respective provinces or centrally run cities.

c/ To supervise and detect acts against this Regulation and the provisions of law; to handle or advise competent state bodies on handling acts of violation.

d/ To coordinate with relevant agencies in organizing the destruction of individual bears defined in Clause 3, Article 6 of this Regulation.

e/ To regularly update the situation of raised bears in reality and on books. To make annual sum-up reports to the Forest Ranger Department on the management of raised bears in their respective localities.

3. In localities where Ranger Offices are not available, provincial/municipal Services of Agriculture and Rural Development shall perform the responsibilities specified in Clause 2 of this Article.

Article 9.- Handling of violations

1. Organizations and individuals that violate the provisions of this Regulation and the provisions of law on management of raised bears can be administratively handled or, for individuals, be examined for penal liability under the provisions of law, depending on the nature and seriousness of their violations.

2. The handling of confiscated bears shall comply with the provisions of Article 6 of this Regulation.

Article 10.- Funding for management of raised bears

1. State budget:

a/ Local budgets shall provide funding for Ranger Offices, provincial/municipal Services of Agriculture and Rural Development (for localities where Ranger Offices are not available) for management of raised bears in localities.

b/ The Ministry of Agriculture and Rural Development shall provide funding for the Forest Ranger Department for directing and guiding the implementation of this Regulation.

2. Financial assistance from domestic and foreign organizations and individuals that are interested in the conservation of bears.