Regarding the licensing import of sturgeon, the Government Office recently sent a document conveying the opinions of Deputy Prime Minister Le Van Thanh affirming that the review, decision on granting and management of CITES import permits Sturgeon belongs to the functions, tasks and authority of the Ministry of Agriculture and Rural Development (MARD).

There is still a "gap" in the law

Previously, according to Document 929/BTC-TCHQ sent to the Prime Minister of the Ministry of Finance, from January 2021 to now, all imported sturgeon batches of enterprises must take samples for assessment and identification. However, the results of the inspection agencies are not clear, nearly 100 import declarations of sturgeon have not been cleared…

Regarding the issue, the General Department of Customs in Document 471/TCHQ-GSQL also suggested that the Ministry of Agriculture and Rural Development temporarily suspend the issuance of CITES permits for imported sturgeon until the agency certifies that the species, hybrid, and purebred are correct. with the CITES permit of imported sturgeon.

Meanwhile, from February 18, 2022, the Cites Authority of Vietnam has based on the recommendations and provisions in Resolution 11.3 issued at the meeting of CITES member countries (but has not been approved yet). legalized); stopped processing the application for a CITES License to import live sturgeon from China. This move was made after Document 929/BTC-TCHQ was sent to the Prime Minister by the Ministry of Finance.

However, according to Decree 06/2019/ND-CP (amended and supplemented in Decree 84/2021/ND-CP) regulations on licensing import CITES (Article 25); revoke, return or refuse to issue a CITES Permit (Article 36); The agency competent to grant and revoke permits is the Vietnam Cites Management Authority, but there is no provision to suspend the issuance of CITES Import Permits.

And according to Resolution 11.3 at the General Conference of CITES (COP18, meeting in 2019 in Geneva, Switzerland), it is recommended: If the regulatory authority of the importing or re-exporting country has reason to believe that the sample specimens of CITES species that are traded against the law of any country involved in the trade, or there is reason to believe that specimens accompanied by a license may not be traded in accordance with the regulations. of the Convention (e.g. specimens were not legally harvested, did not perform a non-injury assessment (NDF) or did not fully comply with any CITES requirements), a Regulatory Authority should not allow import or re-export such specimen and should not issue an import or re-export permit.

The CITES management authority of Vietnam has consulted the CITES management authority of China according to regulations, so far has not received a response.

Based on the opinions of the Ministry of Foreign Affairs and the Ministry of Justice in Documents 3236/BNG-LPQT dated August 5, 2022 and 3097/BTP-LPQT dated August 22, 2022, the direct application of the provisions of the Convention CITES needs to base itself on the conditions prescribed in the Law on Treaties to submit it to the competent authority for consideration and decision according to the order and procedures specified in the Law. No administrative agency under the Government is allowed to directly apply a treaty without the decision of a competent authority (the National Assembly, the President, the Government).

The responsibility and authority are of the Ministry of Agriculture and Rural Development

In a report sent to the Prime Minister on September 27, 2022, the Ministry of Agriculture and Rural Development informed that: Over the past time, this Ministry has received many complaints, petitions, and reflections from businesses related to the suspension of import permits. export sturgeon.

Although the competent authorities of the Ministry of Agriculture and Rural Development have considered, resolved and issued decisions to resolve the complaint, the sturgeon importers still continue to request the CITES competent authority of Vietnam to continue to grant the license. imported for the reason that according to Decree 06/2019/ND-CP, Decree 84/2021/ND-CP only stipulates the grant, revocation and return of CITES License, there is no provision on suspension of licensing; Therefore, he wrote a letter to many places and filed a lawsuit with the court with the suspension of the CITES Authority of Vietnam.

In the report, the Ministry of Agriculture and Rural Development proposed, with the completion of relevant legal documents; assigned the Ministry of Agriculture and Rural Development to assume the prime responsibility for, and coordinate with, research and propose to the Government the amendment, supplement, replacement and completion of legal provisions on CITES implementation.

With the issuance and management of CITES permits to import sturgeon, the Ministry of Agriculture and Rural Development recommends: For shipments suspended from customs clearance when there are no results of analysis and identification of species of imported specimens of nearly 100 declarations with more than 1000 Tons of sturgeon are being kept at the isolation and quarantine facilities of 16 enterprises, the Ministry of Agriculture and Rural Development proposed not to issue a new CITES permit to import sturgeon until the inspection results are available.

With regard to sturgeon management, the Ministry of Agriculture and Rural Development proposed that the Prime Minister direct the Ministry of Finance to strengthen supervision and coordinate with the CITES Scientific Authority and the CITES Management Authority of Vietnam to ensure that sturgeon imports are of the right species. Licensed. The Ministry of Industry and Trade and the Ministry of Public Security strengthen the management of illegal transportation, smuggling and import of sturgeon.

In Document 7607/VPCP-KTTH dated November 10, 2022, the Government Office said, on the proposal of the Ministry of Agriculture and Rural Development, Deputy Prime Minister Le Van Thanh has the following comments: The consideration, decision on granting and management Management of Cites license to import sturgeon falls under the functions, tasks and authority of the Ministry of Agriculture and Rural Development according to Decree 06/2019/ND-CP (amended and supplemented in Decree 84/2021/ND-CP) on management management of endangered, precious and rare wild fauna and flora and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the domestic laws and international treaties to which Vietnam is a member. Male participate.

In case of difficulties or problems beyond its competence, the Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with relevant agencies in, reporting to the competent authorities in accordance with regulations.