Circular No. 16/2022/TT-BYT stipulates the list of rare, precious, and endemic medicinal plant species subject to control for the purpose of protecting natural medicinal resources. This document applies to agencies, organizations, and individuals related to the export of medicinal plants.
적용 범위
Agencies, organizations, and individuals involved in the export of medicinal plants listed in this Circular.
핵심 사항
- The list of rare, precious, and endemic medicinal plant species subject to control is established based on the principle of protecting natural medicinal resources (Article 3).
- The names of medicinal plants in the list are recorded in alphabetical order in the Vietnamese language, along with detailed information such as the species name, parts used for medicine, and HS code (Article 4).
- Agencies, organizations, and individuals may not export naturally harvested medicinal plants listed in this list without a permit (Article 6.1).
- Exporting medicinal plants listed in this list for non-commercial purposes must comply with laws on access to genetic resources and biological diversity (Article 6.2).
- The Ministry of Health is responsible for guiding, coordinating the organization of publicity, dissemination, and updating the list according to regulations (Article 7).
🌐 이 문서의 사회적 영향
- Limiting the natural exploitation of rare medicinal plants, protecting genetic resources.
- Increasing management costs for competent agencies in controlling exports.
- Reducing access to some rare medicinal plants for businesses and citizens.
- Improving the ecological environment through the protection of medicinal plant genetic resources.
❓ 자주 묻는 질문
What contents does the list of rare, precious, and endemic medicinal plant species subject to control include?
The list includes the species name, parts used for medicine, scientific name of the plant/animal used for medicine, and HS code.
Which agencies and organizations are responsible for implementing this Circular?
The Ministry of Health (Traditional Medicine Management Department) is responsible for guiding and coordinating with relevant units to implement this Circular.
What regulations must be followed when exporting medicinal plants listed in this Circular?
Exports must comply with laws on access to genetic resources and biological diversity, and may not be exported without a permit.
When does this Circular take effect?
This Circular takes effect from February 18, 2023.
전문
CIRCULAR
ISSUING THE LIST OF PRECIOUS, RARE AND ENDEMIC MEDICINAL PLANTS THAT MUST BE CONTROLLED
Pursuant to the Medicine Law number 105/2016-QH13 dated April 6, 2016;
Pursuant to the Decree No. 54/2017/NĐ-CP dated May 8, 2017 of the Government detailing some provisions and measures for implementing the Medicine Law;
Pursuant to the Decree No. 06/2019/NĐ-CP dated January 22, 2019 of the Government on the management of endangered forest plants and animals and the implementation ofthe Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Decree No. 84/2021/NĐ-CP dated September 22, 2021 of the Government amending and supplementing certain articles of the Decree No. 06/2019/NĐ-CP dated January 22, 2019 of the Government on the management of endangered forest plants and animals and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; At the proposal of the Director of the Department of Medicine and Traditional Medicine Management; this Circular issues the List of precious, rare and endemic medicinal plants that must be controlled.
Pursuant to Decree No. 95/2022/NĐ-CP dated November 15, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;
Article 1. This Circular stipulates the principles for building, selection criteria, management, and issuance of the List of precious, rare and endemic medicinal plants that must be controlled (hereinafter referred to as the List). Article 2. This Circular applies to agencies, organizations, and individuals related to the export of medicinal plants listed in this Circular.
THE MINISTER OF HEALTH Precious, rare medicinal plants
Article 1. Scope of Regulation and Applicability
are medicinal plants with special value in science, healthcare, economy, ecology, landscape, environment, or cultural-historical aspects where the quantity is limited or threatened with extinction.
Endemic medicinal plants
Article 2. Interpretation of Terms
1. are medicinal plants existing and developing within a narrow distribution range and limited to a specific territory of Vietnam without being recorded elsewhere in the world. Article 3. Principles for building and selection criteria for medicinal plants to be included in or removed from the List
2. 1. Principles for building the List a) Ensuring the goal of protecting precious, rare and endemic medicinal plants in nature;
b) Ensuring scientific basis and compliance with legal regulations on the management of endangered forest plants and animals;
c) Compliance with the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
2. Criteria for selecting medicinal plants to be included in the List
a) Medicinal plants selected for inclusion in the List are those listed in the list of endangered forest plants and animals issued together with the Decree No. 06/2019/NĐ-CP dated January 22, 2019 of the Government on the management of endangered forest plants and animals and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Decree No. 84/2021/NĐ-CP dated September 22, 2021 of the Government amending and supplementing certain articles of the Decree No. 06/2019/NĐ-CP dated January 22, 2019 of the Government on the management of endangered forest plants and animals and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
b) Meeting practical requirements and state management requirements for medicinal plants in the current period.
3. Criteria for removing medicinal plants from the List
Medicinal plants not meeting the criteria specified in Clause 2 of this Article will be considered for removal from the List.
b) Meeting current practical needs and state management requirements for medicinal materials.
3. Criteria for Removing Medicinal Materials from the List
Medicinal materials that do not meet the criteria specified in Clause 2 of this Article shall be considered for removal from the List.
Article 4. Provisions on the Recording of Names of Medicinal Materials in the List
Medicinal materials in the List are arranged in alphabetical order according to the Vietnamese alphabet. The List includes five columns as follows:
(1) Column 1 records the serial number;
(2) Column 2 records the species name and type of medicinal material; the name of the medicinal material is recorded according to the name in the Vietnamese Pharmacopoeia or the common name of the medicinal material;
(3) Column 3 records the part used for medicinal purposes;
(4) Column 4 records the scientific name of the plant/animal used for medicinal purposes.
(5) Column 5 records the HS Code.
Article 5. List of Precious, Rare, and Endemic Species of Medicinal Materials Subject to Control
The List of precious, rare, and endemic species of medicinal materials subject to control is specified in the Appendix attached to this Circular.
Article 6. Management of Medicinal Materials Included in the List
1. Agencies, organizations, and individuals shall apply the List issued in this Circular and relevant legal documents on access to genetic resources to obtain export permits in accordance with Decree No. 54/2017/NĐ-CP dated May 8, 2017 of the Government detailing certain provisions and implementing measures of the Medicine Law; they shall not export naturally harvested medicinal materials included in the List attached to this Circular.
2. In cases where medicinal materials included in the List issued in this Circular are exported for non-commercial purposes, such activities shall be carried out in accordance with the laws on access to genetic resources and biodiversity.
Article 7. Implementation Organization
The Ministry of Health (Traditional Medicine Administration) shall be responsible for:
1. Providing guidance and coordinating with related units to organize publicity, dissemination, and implementation of this Circular.
2. Updating and adjusting the list of precious, rare, and endemic species of medicinal materials subject to control based on the principles and criteria stipulated in this Circular.
Article 8. Reference Provisions
In case the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the provisions of the new documents.
Article 9. Implementation Provisions
1. This Circular takes effect from February 18, 2023.
2. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to report to the Ministry of Health (Traditional Medicine Administration) for research and appropriate amendments and supplements./.
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