ON CRITERIA TO DETERMINE SPECIES AND REGIME OF MANAGING SPECIES UNDER LIST OF ENDANGERED, PRECIOUS AND RARE SPECIES PRIORITIZED PROTECTION

This Decree stipulates criteria to determine species and regime of managing species under list of endangered, precious and rare species prioritized protection; promulgates list of endangered, precious and rare species prioritized protection.

Breeding, rearing, artificial culture of species under list of endangered, precious and rare species prioritized protection; and exchange, export, import, purchase and sale, gifting, transport of species under list of endangered, precious and rare species prioritized protection and products of these species in serve of commercial purpose are not under scope of regulation by this Decree.

This Decree applies to domestic agencies, organizations, households and individuals, oversea Vietnamese; foreign organizations and individuals carrying out activities related to the management of species under list of endangered, precious and rare species prioritized protection (hereinafter referred to as species prioritized protection) in Vietnam.  

In this Decree, the following terms are construed as follows:

1. Genetic source diversity coefficient of kind means coefficient used to assess abundance extent of kind quantity, and diversity extent of plant varieties calculated according to Simpson's index.

Genetic source diversity coefficient of i kind: Hg = 1- å f²_(xi)

f_(xi): Percentage of area planting i kind over total area planting all varieties of a plant species.

2. Activities in serve of biodiversity preservation purpose mean activities of protection, restoration and development of genetic source, individuals and population of species prioritized protection.

3. Exploitation of species under list of species prioritized protection mean activity of taking specimens of species under list of species prioritized protection from natural environment, biodiversity conservation facilities or other places rearing or planting species prioritized protection.

4. The distribution zone of species means area determined by continued and shortest boundary surrounding all locations where presence of such species has been known or forecast.

5. Specimen with lawful origin of species under list of species prioritized protection mean specimen with papers certifying that it is exploited, purchased, sold, gifted, hired, transported, imported specimen; paper certifying that it is material evidence confiscated by competent agencies or other papers proving that it originates from biodiversity preservation facilities, households, individuals that have been granted certificate or registration.  

6. Specimen of species under list of endangered, precious and rare species prioritized protection (hereinafter referred to as specimen) may be alive or died individuals; eggs, larva, parts of body, fluid, or products, derivatives from animals, plants, microorganisms and fungi under list of endangered, precious and rare species prioritized protection.

7. Residence place of a species means minimum area in need for existence of a species population sited in a distribution zone of that species.

8. Subpopulation means a group of individuals in population of a species which is isolated and seldom has exchange of genetic with other groups of individuals of such species.

Species under list of species prioritized protection must satisfy the following criteria:

1. Quantity of individuals is few or in danger of extinction as prescribed in Article 5 of this Decree;

2. Being endemic species, or having one of special values of science; medicine; economy; ecology, environmental landscape and culture-history as prescribed in Article 6 of this Decree. 

1. A wild animal or plant species is determined as species of which quantity of individuals is few or in danger of extinction upon having one of following conditions:

a) Decline of population is at least 50% according to observation or estimate within the ten (10) latest years or three (03) generations calculated till time of assessment; or forecast decline of at least 50% in 10 years or three (03) next generations calculated till time of assessment;

b) Place of residence or distribution is estimated less than 500 km2 and population is isolated seriously or continuous decline about distribution zone, place of residence; 

c) Population of species is estimated less than 2,500 mature individuals and has one of conditions: continuous decline, according to observation or estimate, of population quantity of 20% or more within the five (5) latest years or two (02) last generations calculated till time of assessment; or continuous decline of mature individuals quantity, population structure has shape of isolation and there is no subpopulation estimated to have more 250 mature individuals or there is only sole subpopulation;

d) Population of species is estimated less than 250 mature individuals;

dd) Probability of extinction outside nature of species is 20% or more within 20 next years or five (5) next generations calculated from time of making dossier.

2. A plant kind is determined as varieties of which quantity of individuals is few or in danger of extinction upon having one of following conditions:

a) Its genetic source diversity coefficient is less than 0.25;

b) Rate of households planting it is less than 10% of total cultivation households at place of origin;

c) The planting area is less than 0.5 hectare for group of food and foodstuff plants; less than 0.3 hectare for group of annual industrial plants; less than 0.1 hectare for group of vegetables, flower plants; or its quantity is less than 250 individuals for group of perennialindustrial plants; less than 500 individuals for group of fruit trees and ornamental plants.  

3. A domestic animal breed is determined as breed of which quantity of individuals is few or in danger of extinction when quantity of purebred breeds is less than 100 female individuals and less than 05 male individuals, or entire herd has quantity of individuals of less than 120.

4. Species of microorganisms, fungi are determined as species of which is few or in danger of extinction when species are decreased population of at least 50% in time of ten (10) years calculated till time of assessment and are living in environment deteriorated severely.

1. Species with special scientific value mean species carrying precious and rare genetic source for preservation and hybridization.

2. Species with special medicinal value mean species bearing compounds with important bioactive directly used or done raw materials to prepare the medicinal products.

3. Species with special economic value mean species with ability of obtaining high profit when they are commercialized.

4. Species with special value of ecology, landscape and environment mean species keeping key role in maintaining the balance of other species in biome; or have representativeness or uniqueness of natural geographical zone.

5. Species with special cultural-historical value mean species of which process associated with history, culture tradition, customs and habits of population communities.

1. List of species prioritized protection is specified in Annex I of this Decree.

2. Periodically three (03) years once or as necessary, the Prime Minister shall decide on adjustment, supplementation to list of species prioritized protection on the basis of suggestion of the Ministry of Natural Resources and Environment.

1. Order of and procedures for appraisal, dossier:

a) Organizations and individuals requesting to put species into or out list of species prioritized protection shall send dossier, directly or via post, to the appraisal agencies as prescribed in Clause 2 of this Article.   A dossier includes Application made according to Form No.01, Annex II of this Decree and three (03) sets of dossier with contents specified in Clause 3 Article 38 of Law on biodiversity;

b) The appraisal agencies shall check validity of dossier; within five (05) working days after receiving dossier, the appraisal agencies shall notify in writing organizations and individuals about acceptance of dossier; requirement for supplementation and completion of dossier in accordance with regulations or refusal in case dossier is invalid; time for supplementation and completion of dossier is not included in time for appraising dossier. Requirement on supplementation of dossier by organizations and individuals is applied once only;

c) Within 60 working days after receiving a valid dossier, the appraisal agencies must establish a Council of appraisal and conduct the appraisal, then notify result of appraisal the applicant. The Council of appraisal includes representatives of the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, the Ministry of science and technology, other relevant Ministries, sectors, scientific agencies, institutions and experts;   

In necessary case of verifying information at the field, the appraisal agencies shall organize for the Council of appraisal to conduct the verification. Duration of verifying information at the field is not included in duration of appraisal.

d) Within ten (10) working days, after having result of appraisal, the appraisal agencies shall send a written request for putting species into or out List of species priorities protection enclosed with dossier and result of appraisal of the Council to the Ministry of Natural Resources and Environment. Before September 30 every year, the Ministry of Natural Resources and Environment shall sum up suggestions of the appraisal agencies, and submit it to the Prime Minister for deciding on putting species into or out List of species priorities protection.

2. The appraisal agencies:

a) The Ministry of Natural Resources and Environment shall organize appraisal for wild animal and plant species;

b) The Ministry of Agriculture and Rural Development shall organize appraisal for plant varieties, domestic animal breeds, microorganisms and fungi.

3. The Ministry of Natural Resources and Environment shall provides for organization and operation of the Council of appraisal for wild animal and plant species under list of endangered, precious and rare species prioritized protection; the Ministry of Agriculture and Rural Development shall provides for organization and operation of the Council of appraisal for plant varieties, domestic animal breeds, microorganisms and fungi under list of endangered, precious and rare species prioritized protection.

Article 9. Survey, observation, assessment of current status and making of dossier of species under List of species prioritized protection

1. Content of survey, observation, assessment of current status and making of dossier of species under List of species prioritized protection

a) Content of survey, observation, and assessment of current status of wild species under List of species prioritized protection include: Distribution zone, place of residence, current status of population, conditions of habitat; danger extent of extinction; special values of science; medicine; economy; ecology, environmental landscape and culture-history; current status of species management, protection and development;   

b) Content of survey, observation, and assessment of current status of plant varieties and domestic animal breeds under List of species prioritized protection include: quantity of households, facilities rearing and planting; area of rearing and planting, quantity of individuals; genetic source diversity extent of breeds/varieties; extent of danger of extinction; missions of management and protection; special values of science; medicine; economy; ecology, environmental landscape and culture-history.

2. Archival of information about survey, observation, assessment and making of dossier of species prioritized protection.

a) Every species under list of species prioritized protection must be made separate dossier with contents about quantity, distribution, situation of habitat, danger of extinction and other contents related to preservation of such species;

b) Dossiers of species prioritized protection must be -update-d according to figures of actual survey; a dossier is made at least two (02) sets: One (01) is kept at agency directly managing species prioritized protection; one (01) is kept at the Ministry of Natural Resources and Environment.

3. Responsibilities of survey, observation, assessment and report of situation of species prioritized protection

a) The Ministry of Natural Resources and Environment shall organize, guide survey, observation, assessment of situation of wild animal and plant species under list of species prioritized protection; make statistics and sum up information about changes of wild animal and plant species under list of species prioritized protection nationwide;

b) The Ministry of Agriculture and Rural Development shall organize, guide survey, observation, assessment of situation of animal breeds, plant varieties, microorganisms and fungi  under list of species prioritized protection; make statistics and sum up information about changes of animal breeds, plant varieties, microorganisms and fungi  under list of species prioritized protection nationwide; send information to the Ministry of Natural Resources and Environment for summing up, building and updating the database of species prioritized protection;

c) The provincial People’s Committee shall organize survey, observation, assessment of situation of species under list of species prioritized protection in their localities according to guide of the Ministry of Natural Resources and Environment for wild animal and plant species and guide of the Ministry of Agriculture and Rural Development for animal breeds, plant varieties, microorganisms and fungi.

1. Preservation of species prioritized protection

a) Preservation of species prioritized protection is performed at natural preservations zones, biodiversity preservation facilities in compliance with provisions of this Decree;

b) The Ministry of Natural Resources and Environment shall guide preservation of wild animals, plants prioritized protection which are living at natural zones due to having not yet conditions to establish preservation zone;

c) The Ministry of Agriculture and Rural Development shall guide preservation of plant varieties and domestic animal breeds at households and individuals, microorganisms and fungi which are prioritized protection;

d) Each species prioritized protection is preserved through a separate preservation program and assigned to an agency responsible for preservation of such species.

2. Projects, activities with risk of negative impact to place of residence, way of movement, place of finding feeds of species prioritized protection must have suitable measures to minimize impact, ensure not causing impact to the existence and development of such species in natural environment.   

3. If wild animal species prioritized protection threaten to property or lives of people, chairpersons of district-level People’s Committees shall consider and decide on self-protection plan so as to protect lives of people and limit damages to wild animal species.

4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with relevant Ministries and sectors in elaborating programs for preservation of wild animals and plants under list of species prioritized protection, submit to the Prime Minister for approval and organize implementation as assigned by the Prime Minister. 

5. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with relevant Ministries and sectors in elaborating programs for preservation of plant varieties, animal breeds, microorganisms and fungi under list of species prioritized protection, submit to the Prime Minister for approval and organize implementation as assigned by the Prime Minister.

1. Conditions for exploitation of wild animal and plant species under list of species prioritized protection:

a) To serve purpose of biodiversity preservation, scientific research and creating the initial breed source;

b) To ensure not causing negative impacts to the existence and development of such species in natural environment;

c) To possess license of exploitation granted by competent agencies as prescribed in point d Clause 3 of this Article;

d) To have consent of the Management Board of natural preservation zone for exploitation activities at natural preservation zone, owner of biodiversity preservation facility for exploitation activities at biodiversity preservation facility, provincial specialized agencies for exploitation activities outside natural preservation zones, outside the biodiversity preservation facilities.

2. Dossier of license for exploitation of wild animal and plant species under list of species prioritized protection includes:

a) Application of exploitation license made according to Form No. 02, Annex II of this Decree;

b) Plan of exploitation made according to Form No. 03, Annex II of this Decree;

c) Report on assessing current status of species population at the exploited zone made according to Form No. 04, Annex II of this Decree;

d) Authenticated copy of written agreement on program of scientific research cooperation or Decision on approving task of scientific research of competent state agencies;

dd) Written consent of organizations, individuals specified in point d Clause 1 this Article;

e) Authenticated copy of paper proving legal status.

3. Orders of and procedures for license for exploitation of wild animal and plant species under list of species prioritized protection:

a) Organizations and individuals registering for exploitation license may submit directly or via post three (03) sets of dossier as prescribed in Clause 2 of this Article and pay charge for appraisal for exploitation license to the Ministry of Natural Resources and Environment;

b) Within five (05) working days, after receiving dossier, the Ministry of Natural Resources and Environment shall notify in writing organizations and individuals about acceptance of dossier or request for supplementation and completion of dossier in accordance with regulations; requirement for organizations and individuals in supplementation and completion of dossier is applied once only and time for supplementation and completion of dossier is not included in time for appraising dossier;

c) Within 45 working days after receiving a valid dossier, the Ministry of Natural Resources and Environment shall establish a Council of appraisal and conduct the appraisal. Members of Council of appraisal includes representatives of agencies of the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, the provincial People’s Committees, Management Board of natural preservation zone or owner of biodiversity preservation facility where the exploitation activities will be carried out, other relevant organizations and experts; 

d) Within ten (10) working days, after having result of appraisal, the Ministry of Natural Resources and Environment shall license exploitation for the registering organizations and individuals, in case of refusal for exploitation license, it must notify in writing and clearly state reason thereof to the applicant. Exploitation license is specified according to Form No. 05, Annex II of this Decree;

dd) Organizations and individuals licensed exploitation must comply with provisions in exploitation license and the approved exploitation plans; take responsibility for compensation and incident remedy if exploitation causes deterioration of ecological environment, destroys property of State and People as prescribed by law.

4. Examination, supervision and confirmation of exploitation specimen of wild animal and plant species under list of species prioritized protection:

a) Management Boards of natural preservation zones shall examine, supervise over exploitation activities and certify specimens exploited at natural preservation zones; the provincial specialized agencies shall examine, supervise the exploitation activities and certify specimens exploited outside the natural preservation zones, the biodiversity preservation facilities, and perform regulation on affixing seal of ranger hammer according to guide of the Ministry of Agriculture and Rural Development for specimens being timber. Confirmation paper of the exploited specimens is made according to Form No. 06, Annex II of this Decree;

b) When detecting that the exploiting organizations or individuals fail to comply with contents stated in license of exploitation, plan of exploitation already approved or commit acts of violating law, competent agencies may conduct examination and supervision as prescribed in point a this Clause, and request organizations and individuals for stopping immediately the exploitation, concurrently report it to the Ministry of Natural Resources and Environment for consideration and handling; 

c) Not later than three (03) working days, after ending the exploitation activities, organizations and individuals licensed exploitation must inform competent agencies specified in point a Clause 3 this Article so as to conduct examination, make minutes of acceptance and certify the exploited specimen;

d) Not later than 20 days, after the expiry of exploitation license, organizations and individuals must report to the Ministry of Natural Resources and Environment about result of exploitation, enclosed with minutes of acceptance and an authenticated copy of confirmation paper of the exploited specimen.

5. Effect of the exploitation license, extension, withdrawal of the exploitation license of wild animal and plant species under list of species prioritized protection:

a) License of exploitation takes effect within one (01) year. Two (02) months before license of exploitation is expired, organization or individual wishes to expand license of exploitation must send a request for extension of license to the Ministry of Natural Resources and Environment for consideration and extension. Each license of exploitation is extended not more than twice;

b) License of exploitation is withdrawn in the following cases: Failing to comply with plan of exploitation, exploitation in excess of quantity stated in license of exploitation and cause severe impact to species exploited in natural environment; passing the time limit of six (06) months, from date of being licensed exploitation as stated in license of exploitation but organization or individual fails to carry out activities of exploitation; violating severely provisions of Law on biodiversity and current legal documents on biodiversity preservation;

c) Agencies competent to license exploitation shall consider extension or withdrawal of exploitation license.

6. Exploitation of plant varieties, animal breeds, microorganisms and fungi under List of species prioritized protection shall comply with regulations of the Ministry of Agriculture and Rural Development.

1. Transfer, purchase, sale, gifting, and hire of specimens of wild species under list of species prioritized protection are performed only upon meeting the following conditions:

a) To serve purpose of biodiversity preservation, scientific research and creating the initial breed source;

b) To possess license of transfer, purchase, sale, gifting, hire of specimens of species under list of species prioritized protection granted by competent agencies as prescribed at point c Clause 3 this Article.

2. Dossier of license for transfer, purchase, sale, gifting, and hire of specimen of wild species under list of species prioritized protection

a) A written request made according to Form No. 07, Annex II of this Decree;

b) Papers proving legal origin of specimen;

c) Written agreement of transfer, purchase, sale, gifting, and hire of specimens of species prioritized protection;

d) Authenticated copy of paper proving legal status.

3. Order of and procedures for license for transfer, purchase, sale, gifting, and hire of specimens of wild species under list of species prioritized protection:

a) Organization or individual wishes to perform the transfer, purchase, sale, gifting, hire of specimen of wild species under list of species prioritized protection may submit directly or via post three (03) sets of dossiers specified in Clause 2 of this Article and pay charge for appraisal for license for transfer, purchase, sale, gifting, hire of specimen of wild species under list of species prioritized protection to the provincial People’s Committee;

b) Within five (05) working days, after receiving dossier, the provincial People’s Committee shall notify in writing organization or individual about acceptance of dossier or request for supplementation and completion of dossier in accordance with regulations; requirement for organization or individual in supplementation and completion of dossier is applied once only and time for supplementation and completion of dossier is not included in time for appraising dossier;

c) Within 30 working days, after receiving a valid dossier, the provincial People’s Committee shall conduct the appraisal and license for the transfer, purchase, sale, gifting, hire of specimen of wild species under list of species prioritized protection to the requesting organization or individual; in case of refusal for license, it must notify in writing and clearly state reason thereof; license for transfer, purchase, sale, gifting, hire of specimens is made according to form No. 05, Annex II of this Decree.

4. Effect of license, extension, withdrawal of license for transfer, purchase, sale, gifting, and hire of specimens of wild species under list of species prioritized protection:

a) License for transfer, purchase, sale, gifting, and hire of specimens of wild species under list of species prioritized protection takes effect within six (06) months. One (01) months, before license is expired, organization or individual wishes to continue the transfer, purchase, sale, gifting, hire of specimens of wild species must have a written request for extension of license and extension for a license does not exceed once;

b) License for transfer, purchase, sale, gifting, hire of specimen of wild species under list of species prioritized protection is withdrawn in the following cases: Failing to comply with content stated in license, in excess of quantity stated in license; passing time limit of three (03) months from the day of being licensed, organization or individual fails to conduct activities of transfer, purchase, sale, gifting, hire of specimen of wild species; violating severely provisions of Law on biodiversity and current legal documents on biodiversity preservation;

c) Agencies competent to license for transfer, purchase, sale, gifting, hire of specimens of wild species under list of species prioritized protection shall consider extension or withdrawal of license.

5. The Ministry of Agriculture and Rural Development shall guide the transfer, purchase, sale, gifting, hire of plan varieties, animal breeds under List of species prioritized protection.          

6. The storage and transport of specimens of species under list of species prioritized protection are stipulated as follows:

a) Organizations and individuals store, transport specimens of wild species under list of species prioritized protection must have confirmation of the provincial People’s Committees and ensure safety conditions during storage and transport of specimens.   Dossier of requesting for the provincial People’s Committee’s confirmation includes:   A written request for confirmation of storage or transport made according to Form No. 09, Annex II of this Decree; papers proving legal origin of specimen; quarantine certificate for specimens being alive animals or plants; license for transfer, purchase, sale, gifting, hire of specimen of species prioritized protection;

b) Within five (05) working days, after receiving dossier, the provincial People’s Committee shall issue a written confirmation to organizations and individuals requested for storage or transport of specimen, in case of refusal for confirmation, it must notify in writing in which clearly stating reason thereof to organizations and individuals requested; written confirmations of storage or transport is prescribed in according to Form No.10, Annex II of this Decree.

7. Households and individuals storing or transporting plant varieties, animal breeds under list of species prioritized protection must register with the communal People’s Committees where store and comply with guide of specialized agencies of the provincial People’s Committees.

1. Conditions for rearing or planting species under list of species prioritized protection:

a) To serve for purpose of biodiversity preservation, scientific research and creating the initial breeds which are performed at the biodiversity preservation facilities as prescribed in Clause 1 Article 42 of Law on biodiversity, except for cases specified in Clause 4 of this Article;

b) Species prioritized protection upon being reared or planted must have legal origin and in list of species already registered for rearing or planting upon establishing the biodiversity preservation facilities or  be licensed by competent agencies as prescribed in Clause 3 of this Article.

2. Dossier of registering license for rearing or planting:

a) Application of register for rearing or planting species prioritized protection made according to Form No. 11, Annex II of this Decree;

b) Scheme for rearing or planting species prioritized protection as registration. Content of scheme includes basic information of: Ecological characteristics of species; scale and plan of rearing, planting, developing species; infrastructure, technical process of rearing, planting; financial, professional capability; measures to ensure safety and environmental hygiene;

c) Papers proving assurance of conditions for rearing or planting species include information specified in Clause 2 Article 42 of Law on biodiversity.

3. Order of and procedures for license for rearing or planting species under list  of species prioritized protection not in list of species already registered for rearing, planting when establishing the biodiversity preservation facilities:

a) Owner of the biodiversity preservation facility may submit directly or via post three (03) sets of dossier as prescribed in Clause 2 of this Article to the provincial People’s Committee; 

b) Within 30 working days, after receiving full and valid dossier, the provincial People’s Committee shall consider and organize field inspection and license for rearing or planting according to form No. 12, Annex II of this Decree, in case of refusal of license, it must notify in writing and clearly state reason thereof to owner of the biodiversity preservation facility.

4. Households and individuals which are currently rearing or planting plant varieties and animal breeds under list of species prioritized protection but not yet been eligible for establishment of biodiversity preservation facility must make declaration to the local authorities and comply with guide of specialized agencies of the provincial People’s Committees.

5. In case where individuals of wild animals die during the course of rearing, owner of biodiversity preservation facility must report to specialized agencies of the provincial People’s Committee for confirmation and decision on handling according to one of the following plans:

a) Transferring them to scientific agencies, facilities of environmental training and education, specialized museums for research, storage, education, raising awareness of community;  

b) Destruction for case where individuals of wild animals die due to epidemics or not able to process according to plan specified in point a this Clause.

6. Withdrawal of license for rearing or planning species under list of species prioritized protection:

a) License for rearing or planning species under list of species prioritized protection is withdrawn in the following cases: Failing to comply with content stated in license; facility rearing or planting spices fail to ensure conditions for rearing or planting as prescribed in Clause 2 Article 42 of Law on biodiversity; violating severely provisions of Law on biodiversity and current legal documents on biodiversity preservation;

b) Agencies competent to license for rearing or planting species under list of species prioritized protection shall withdraw license.

7. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in elaborating the technical process of rearing, planting and releasing back natural habitat for wild species under list of species prioritized protection.

1. Wild animal species under list of species prioritized protection which are lost their natural habitats, lost, after handling, confiscation, if they are still healthy, the specialized agencies of the provincial People's Committee shall consider and decide on the release back suitable natural habitats; in case where it fails to ensure conditions for the release back natural habitats because animals are hurt, diseased, such animals will be put into rescue establishments for treatment, rearing and caring.

2. Rescue establishments, upon receiving notice of species in need of rescue as prescribed in Clause 1 of this Article, must deploy rescue timely, make dossier to monitor for each individuals of the rescued species and notify specialized agencies of the provincial People’s Committee.

3. After the rescued individuals of species have been recovered, the rescue establishments must report the specialized agencies of the provincial People’s Committee.   After three (03) working days, after receiving proposal, the specialized agencies of the provincial People’s Committee shall consider and decide on the release back natural habitats of species or move to the suitable biodiversity preservation facilities.

4. In case where individuals of species die during rescue, the rescue establishments must report to specialized agencies of the provincial People’s Committee for consideration and implementation of the handling plans as prescribed in Clause 5 Article 13 of this Decree.

5. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in elaborating and promulgating the technical process of rescue, release of species prioritized protection into the natural habitat or transfer to the suitable biodiversity preservation facilities.

1. Export and import of specimens of wild animal and plant species under list of species prioritized protection are permitted implementing only for serve of purpose of biodiversity preservation, scientific research, ecological tourist or creating the initial breed source.

2. Apart from compliance with current provisions on export and import applicable to species under Annex I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Vietnamese management agencies executing the CITES shall take opinion in writing of the Ministry of Natural Resources and Environment before license for export, import of specimen of species of Wild Fauna and Flora under list of species prioritized protection.

3. Before December 31 every year, the Vietnamese management agencies executing the CITES shall send reports, statistics about export and import of specimen of species of Wild Fauna and Flora under list of species prioritized protection to the Ministry of Natural Resources and Environment.

4. The Ministry of Agriculture and Rural Development shall guide export and import of plan varieties, animal breeds, microorganisms and fungi under List of species prioritized protection.

1. Management Boards of natural preservation zones have responsibilities and interests:

a) To comply with provisions in Article 29 of Law on biodiversity and provisions of law on biodiversity preservation;

b) To survey, observe, and assess actual status of species prioritized protection; examine, supervise activities of exploitation, certify specimens exploited at the natural preservation zones within their management and report to management agencies at direct level as prescribed by law; 

c) To be supported technique, equipment to perform solutions to preserve species prioritized protection at the natural preservation zones;

d) To be supported finance for activities of preserving species prioritized protection in accordance with legislation on biodiversity, forest and aquatic protection and development;

2. Owners of the biodiversity preservation facilities have responsibilities and interests:

a) To comply with provisions in Article 43 of Law on biodiversity;

b) To register, make declaration about origin of species at the biodiversity preservation facilities with specialized agencies of the provincial People’s Committees; to make dossiers to monitor individuals of species prioritized protection which are reared and planted at the facilities.

c) In case of having changes of quantity of individuals reared and planted at the facilities, within five (05) working days, owners of biodiversity preservation facilities must report to specialized agencies of the provincial People’s Committees for confirmation;

d) To make plan, formulate and perform plans of management, protection and development of individuals of species prioritized protection at facilities managed by them;

dd) To coordinate with the relevant science management and research agencies so as to perform preservation and development of species at the facilities managed by them;

e) December every year, owners of the biodiversity preservation facilities shall report to the provincial People’s Committees about situation of species under List of species prioritized protection at their facilities;

g) To be enjoyed support of State to invest in construction, upgrading, renovation of the biodiversity preservation facilities and other incentive policies as prescribed by law;

h) To be supported human resource, guided on technique in preservation of species prioritized protection by agencies competent to managing directly them.

3. Upon detecting individuals of species under List of endangered, precious and rare species prioritized protection which are lost natural habitats, missed, hurt or diseases, organizations and individuals, must report immediately to the nearest communal People’s Committees or rescue establishments; or upon detecting illegal acts of exploitation, storage, transport, exchange, purchase and sale, gifting, they must report to the agencies of law execution at nearest places for timely handling.     State has incentive policy, recommend organizations and individuals providing information, report on violations involving species prioritized protection.

1. Funding for preservation of species prioritized protection is used from sources:

a) State budget;

b) Investment, support of domestic and foreign organizations and individuals;

c) To collect from environment service involving biodiversity and other sources as prescribed by law.

2. State budget for preservation and development of species prioritized protection is used for the following purposes:

a) Basic survey; periodical survey; survey at request of management; observation; statistic; report;

b) Building, maintenance and development of the database and making report on species under List of species prioritized protection;

c) Investment in material facilities, techniques, upgrading, renovation of the biodiversity preservation establishments of State;

d) To make and appraise dossier of requesting for putting species into or out List of species prioritized protection;

dd) To perform programs, projects of preservation of species under list of species prioritized protection;

e) Propagation, education on law, raising awareness on preservation and development of species prioritized protection;

g) Support for organizations and individuals legally rearing, planning or storing species prioritized protection;

h) To rescue, verify specimens and perform plans of handling material evidences, wild animals died in course of rescue; release wild animals under list of species prioritized protection back the suitable natural habitat.

1. The Ministry of Natural Resources and Environment shall:

a) To promulgate under its competence the guiding documents and organize implementation of provisions of this Decree;

b) To inspect, examine implementation of legislation in management and protection of species prioritized protection;

c) To conduct international cooperation about preservation and development of species prioritized protection;

d) To organize survey, assess, appraise dossiers of wild animal and plant species under List of species prioritized protection; to sum up, submit to the Prime Minister for consideration and decision on putting species into or out the List;

dd) To build the database on species prioritized protection, programs on preservation of wild animal and plant species under list of species prioritized protection; announce results of survey, assessment on actual status of wild animal and plant species prioritized protection on website of the Ministry of Natural Resources and Environment;

e) To provide for organization and operation of the appraisal Council for exploitation license of wild animal and plant species under list of species prioritized protection.

2. The Ministry of Agriculture and Rural Development shall:

a) To promulgate under its competence the guiding documents and organize implementation in accordance with provisions of this Decree;

b) To survey, assess, appraise dossiers of plan varieties, animal breeds, microorganisms and fungi under List of species prioritized protection; to propose for putting species into or out List of species prioritized protection;

c) To formulate program on preservation of plant varieties, animal breeds, microorganisms and fungi under list of species prioritized protection.

3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in providing for charge level, management and use of charge for appraisal of dossiers of requesting for license for exploitation, exchange, purchase and sale, gifting, hire of species under list of species prioritized protection; guiding expenditure level for activities of rescue, verifying dead specimens during rescue.   

4. Other Ministries and sectors shall, in their functions, tasks and powers, implement provisions of this Decree.

5. The provincial People’s Committees shall guide and organize implementation of provisions of this Decree;

1. This Decree takes effect on January 01, 2014.

2. This Decree replaces contents of criteria to determine the endangered, precious and rare species prioritized protection, regime of management and protection of species prioritized protection; order of and procedures for appraising dossiers of requesting for putting into or out List of species prioritized protection; competence and process of putting species prioritized protection into the biodiversity preservation facilities and release of them to their natural habitats; conditions for rearing, planting, rescue and preserving genetic source and specimen of species prioritized protection specified in Article 12, Article 13, Article 14, Article 15 and Article 16 of the Government's Decree No. 65/2010/ND-CP dated June 11, 2010, detailing and guiding implementation of a number of Articles of Law on biodiversity.

3. The regime of management for species under List of endangered, precious and rare forest animals and plants promulgated together with the Government’s Decree No.  32/2006/ND-CP dated March 30, 2006, on managing endangered, precious and rare forest animals and plants determined as species prioritized protection shall apply provisions in this Decree.

4. Ministries, Heads of ministerial-level agencies, Heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decree. 

 

 

LIST OF ENDANGERED, PRECIOUS AND RARE SPECIES PRIORITIZED IN PROTECTION (Promulgated together with the Government’s Decree No. 160/2013/ND-CP dated November 12, 2013)