Decree No. 160/2013/ND-CP stipulates the criteria for determining priority protected endangered, precious, and rare species and the management and conservation regimes for these species in Vietnam. The document applies to organizations and individuals, both domestic and foreign, involved in the management of priority protected species. Notable points include specific criteria for inclusion in the Catalogue, the review process for application files, and management regimes such as breeding, exploitation, exchange, and import/export of specimens.
Đối tượng áp dụng
Agencies, organizations, households, and individuals within the country; overseas Vietnamese; and foreign organizations and individuals involved in the management of species listed in the Priority Protected Species Catalogue in Vietnam.
Các điểm cốt lõi
- Species listed in the Priority Protected Species Catalogue must meet specific criteria regarding the number of individuals and special value (Article 4).
- The process of including or excluding species from the Priority Protected Species Catalogue follows a specific procedure and formalities (Article 7-8).
- Species listed in the Priority Protected Species Catalogue must comply with regulations on management, exploitation, exchange, and import/export of specimens (Article 9-15).
- Regulations concerning the breeding, rescue, and release of wild species listed in the Priority Protected Species Catalogue are detailed (Article 13-14).
- Biodiversity conservation facilities must comply with regulations governing their management and operations (Article 16).
🌐 Tác động xã hội từ văn bản này
- Positive impact: Enhanced protection of endangered, precious, and rare species; development of diverse genetic resources; increased community awareness about biodiversity conservation.
- Negative impact: Increased costs for organizations and individuals engaged in breeding and rescue activities; more complex administrative procedures.
❓ Câu hỏi thường gặp
What species are considered endangered, precious, and rare?
Species listed in the Priority Protected Species Catalogue must meet criteria regarding low numbers of individuals or being threatened with extinction, and having special value in science, medicine, economics, ecology, aesthetics, environment, culture, and history (Article 4).
What is the process for reviewing application files to include species in the Catalogue?
Organizations and individuals submit application files directly or via postal service to the reviewing authority. The reviewing authority checks and notifies acceptance of the file; within 60 working days, the Review Board conducts the review and notifies the result (Article 8).
How is the exploitation of priority protected endangered, precious, and rare species regulated?
Exploitation must serve the purpose of biodiversity conservation and scientific research, and must be conducted with an exploitation permit issued by the competent authority. Organizations and individuals must comply with the provisions in the permit (Article 10-12).
How are exchanges, sales, and gifts of specimens of priority protected endangered, precious, and rare species regulated?
Such activities can only be carried out for the purpose of biodiversity conservation and scientific research, and must be conducted with an exchange permit issued by the competent authority. Application files must include a request form and documentation proving legal origin (Article 12).
What happens when wild species lose their natural habitat?
If wild animals are lost and remain healthy after confiscation, the specialized agency of the provincial People's Committee will consider and decide to release them back into a suitable natural habitat; if conditions for releasing them into a natural habitat cannot be guaranteed due to injury or illness, they will be transferred to a rescue facility (Article 14).
Toàn văn
DECREE
V||| Regarding the criteria for determining species and management regimes for species listed in the Catalogue
of critically endangered, precious, and rare species prioritized for protection
__________________
Pursuant to the Law Torganization C"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."pursuant to the Government's Resolution dated December 25, 2001;
Pursuant to the Law 3. Amend Clause 3 Article 2 as follows:a form sitaxonomic on 13thJune 2024;Pursuant to the Enterprise Law dated December 26,
Pursuant to the proposal of the Minister of Natural Resources and Environmentoh case;
The Government issues this Decree on the criteria for determining species and management regimes for species listed in the Catalogue of Critically Endangered, Precious, and Rare Species Prioritized for Protection;policies management lintention lof species in the Catalogue of Critically Endangered, Precious, and Rare Species Prioritized for Protection lThis Decree stipulates the criteria for determining species and the management regime for species listed in the Catalogue of Critically Endangered, Precious, and Rare Species Prioritized for Protection; and promulgates the Catalogue of Critically Endangered, Precious, and Rare Species Prioritized for Protection..
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
Breeding, growing, planting, artificially cultivating species listed in the Catalogue of Critically Endangered, Precious, and Rare Species Prioritized for Protection, and exchanging, exporting, importing, purchasing, selling, gifting, transporting such species and their products for commercial purposes are not within the scope of regulation of this Decree.
This Decree applies to agencies, organizations, households, individuals within the country, overseas Vietnamese; foreign organizations and individuals involved in the management of species listed in the Catalogue of Critically Endangered, Precious, and Rare Species Prioritized for Protection (hereinafter referred to as prioritized protected species) in Vietnam.
Article 2. Applicability
1. The genetic diversity coefficient of a variety is the coefficient used to assess the richness in quantity of varieties and the diversity of crop varieties calculated according to the Simpson diversity index.
Article 3. Explanation of Terms
In this Decree, the following terms are understood as follows:
Genetic diversity coefficient of variety i: Hg = 1 - Σ f
(xi)2: the percentage ratio of the area planted with variety i to the total area planted with all varieties of a crop species.
f: the percentage ratio of the area planted with variety i to the total area planted with all varieties of a crop species.2. Activities serving the purpose of biodiversity conservation are activities protecting, restoring, and developing the gene pool, individuals, populations of prioritized protected species.
3. Exploitation of species listed in the Catalogue of prioritized protected species is the activity of extracting samples of species listed in the Catalogue of prioritized protected species from the natural environment, biodiversity conservation facilities, or other cultivation sites of prioritized protected species.
4. The distribution range of a species is the area defined by the shortest continuous boundary enclosing all known or predicted locations where that species exists.
5. A legally sourced sample of a species listed in the Catalogue of prioritized protected species is a sample accompanied by documentation confirming its extraction, purchase, sale, gift, lease, transportation, importation; documentation confirming it as confiscated evidence by competent authorities or other documents proving its origin from a biodiversity conservation facility, household, individual who has been issued a certificate or registered.
6. A sample of a species listed in the Catalogue of prioritized protected species (hereinafter referred to as a sample) is a living or dead individual, egg, larva, body part, fluid, or product, derivative from animals, plants, microorganisms, and fungi listed in the Catalogue of prioritized protected species.
7. The habitat of a species is the smallest area required for the existence of a population of that species within its distribution range.
8. A subpopulation is a group of individuals within a species' population that is isolated and has little genetic exchange with other groups of the same species.
CRITERIA FOR DETERMINING SPECIES LISTED IN THE CATALOGUE OF CRITICALLY ENDANGERED, PRECIOUS, AND RARE SPECIES PRIORITIZED FOR PROTECTION
Chapter II
CRITERIA FOR IDENTIFYING SPECIES IN THE LIST OF PRIORITY PROTECTED SPECIES THAT ARE ENDANGERED, VALUABLE, AND RARE
Article 4. Criteria for determining species to be prioritized for protection
Species listed in the Catalogue of Prioritized Protected Species must meet the following criteria:
1. The number of individuals remaining is small or the species is threatened with extinction as provided for in Article 5 of this Decree;
2. It is an endemic species or has one of the special values in science; healthcare; economy; ecology, landscape, environment, and culture - history as provided for in Article 6 of this Decree.
Article 5. Determining species with a small number of individuals remaining or threatened with extinction
1. Wild animal and plant species shall be determined as having a small number of individuals remaining or being threatened with extinction when they meet one of the following conditions:
a) A population decline of at least 50% observed or estimated over the last ten (10) years or three (03) generations up to the time of assessment; or projected to decline by at least 50% within the next ten (10) years or three (03) subsequent generations from the time of assessment;
b) Estimated habitat area less than five hundred (500) square kilometers2 and the population is severely fragmented or continuously declining in distribution range, habitat;
c) Estimated population size of the species under two thousand five hundred (2,500) mature individuals and meets one of the following conditions: a continuous decline observed or estimated in the number of individuals by twenty percent (20%) or more over the last five (05) years or two (02) generations up to the time of assessment; a continuous decline in the number of mature individuals, population structure fragmented without any subpopulation estimated to have more than two hundred fifty (250) mature individuals or only one single subpopulation;
d) Estimated population size of the species under two hundred fifty (250) mature individuals;
đ) The probability of extinction due to natural causes of the species is twenty percent (20%) or more within the next twenty (20) years or five (05) subsequent generations from the time of record filing.
2. Cultivated varieties shall be determined as having a small number of individuals remaining or being threatened with extinction when they meet one of the following conditions:
a) Genetic diversity coefficient of the variety is lower than 0.25;
b) Planting rate below ten percent (10%) of the total households planting in the place of origin;
c) Cultivation area under half a hectare (0.5 ha) for food crops; under three tenths of a hectare (0.3 ha) for annual industrial crops; under one tenth of a hectare (0.1 ha) for vegetable and flower crops; or number of individuals under two hundred fifty (250) for perennial industrial crops; under five hundred (500) for fruit and ornamental tree crops.
3. Livestock breeds shall be determined as having a small number of individuals remaining or being threatened with extinction when the number of purebred breeding females is under one hundred (100) and purebred breeding males is under five (05), or the entire herd has a number of individuals under one hundred twenty (120).
4. Microbial and fungal species shall be determined as having a small number remaining or being threatened with extinction when the species experiences a population decline of at least fifty percent (50%) over the past ten (10) years up to the time of assessment and lives in a severely degraded environment.
Article 6. Determining species with special value in science, healthcare, economy, ecology, landscape, environment, culture - history
1. Species with special value in science are those carrying rare and valuable genetic resources for conservation and breeding.
2. Species with special value in healthcare are those carrying important bioactive compounds used directly or as raw materials for medicinal product manufacturing.
3. Species with special value in economy are those capable of generating high profits when commercialized.
4. Species with special value in ecology, landscape, and environment are those playing a decisive role in maintaining the balance of other species in the community; or representing the uniqueness of the natural geographic region.
5. Species with special value in culture - history are those associated with the historical, cultural traditions, customs, and practices of the local community.
Article 7. Priority Species Protection List
1. The Priority Species Protection List is specified in Appendix I of this Decree.
2. Every three (03) years or when deemed necessary, the Prime Minister decides to adjust or supplement the Priority Species Protection List based on the proposal of the Ministry of Natural Resources and Environment.
Article 8. Examination of Application for Inclusion or Exclusion from the Priority Species Protection List- - Arc lampsor from the Priority Species Protection Listợc 1. Examination procedures and requirements:
a) Organizations or individuals proposing to include or exclude species from the Priority Species Protection List shall submit their application directly or via postal service to the examination authority as prescribed in Clause 2 of this Article. The application includes Form No. 01, Appendix II of this Decree, and three (03) sets of application materials containing the contents stipulated in Clause 3 of Article 38 of the Biodiversity Law;
b) The examination authority is responsible for verifying the validity of the application. Within five (05) working days from the date of receipt of the application, the examination authority shall notify the organization or individual in writing about acceptance of the application; request supplementation or completion of the application according to regulations, or reject it if it is invalid. The time for supplementation or completion of the application does not count towards the examination period. The request for organizations or individuals to supplement the application can only be made once;
c) Within sixty (60) working days from the date of receipt of a valid application, the examination authority must establish an Examination Board and conduct the examination, notifying the results to the proposing organization or individual. The Examination Board consists of representatives from the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, the Ministry of Science and Technology, relevant ministries and sectors, scientific institutions, related organizations, and experts;
In cases where it is necessary to verify information at the site, the examination authority organizes the Examination Board to conduct verification: The time spent verifying information at the site does not count towards the examination period.
d) Within ten (10) working days from the date of the examination results, the examination authority sends a written proposal to include or exclude species from the Priority Species Protection List along with the application and the Examination Board's results to the Ministry of Natural Resources and Environment. Before September 30 each year, the Ministry of Natural Resources and Environment compiles the proposals from the examination authorities and submits them to the Prime Minister for a decision on including or excluding species from the Priority Species Protection List.
a) The Ministry of Natural Resources and Environment conducts examinations for wild animal and plant species;
2. Reviewing bodies:
b) The Ministry of Agriculture and Rural Development conducts examinations for crop varieties, livestock breeds, microorganisms, and fungi.
3. The Ministry of Natural Resources and Environment stipulates the organization and operation of the Examination Board for wild animal and plant species included in the Priority Species Protection List; the Ministry of Agriculture and Rural Development stipulates the organization and operation of the Examination Board for crop varieties, livestock breeds, microorganisms, and fungi included in the Priority Species Protection List.
MANAGEMENT REGIME FOR SPECIES IN THE LIST OF PRIORITY PROTECTED ENDANGERED, RARE AND VALUABLE SPECIES
Chapter III
MANAGEMENT REGIME FOR SPECIES IN THE LIST OF PRIORITY PROTECTED SPECIES THAT ARE ENDANGERED, VALUABLE, AND RARE
Article 9. Investigation, monitoring, assessment of current status, and establishment of species records for listed priority protected species file for priority protected species
1. Content of investigation, monitoring, and assessment of the current status of priority protected species
a) The content of investigation, monitoring, and assessment of the current status of wild species listed in the priority protected species list includes: Distribution area, habitat, population status, living environment conditions; degree of threat of extinction; special values in science, medicine, economy, ecology, landscape, environment, culture-historical; management, protection, and development status of the species;
b) The content of investigation, monitoring, and assessment of the current status of crop and livestock varieties listed in the priority protected species list includes: number of households, breeding facilities; breeding area, number of individuals; genetic diversity level of the variety; degree of threat of extinction; management and protection work; special values in science, medicine, economy, ecology, landscape, environment, culture-historical.
2. Preservation of information on investigation, monitoring, assessment, and establishment of priority protected species records
a) Each species listed in the priority protected species list must have its own record with contents including quantity, distribution, living condition status, risk of extinction, and other related conservation work contents;
b) Records of priority protected species must be updated based on actual investigation data; Records are established in at least two (02) sets: One (01) set retained by the direct managing agency of the priority protected species, one (01) set retained by the Ministry of Natural Resources and Environment.
3. Responsibility for investigation, monitoring, assessment, and reporting on the status of priority protected species
a) The Ministry of Natural Resources and Environment organizes and guides the investigation, monitoring, and assessment of the status of wild animal and plant species listed in the priority protected species list; statistics and compilation of information on the evolution of wild animal and plant species listed in the priority protected species list nationwide;
b) The Ministry of Agriculture and Rural Development organizes and guides the investigation, monitoring, and assessment of the status of crop and livestock varieties, microorganisms, and fungi listed in the priority protected species list; statistics and compilation of information on the evolution of crop and livestock varieties, microorganisms, and fungi listed in the priority protected species list nationwide; sends information to the Ministry of Natural Resources and Environment for consolidation, database construction, and updating of priority protected species data;
c) Provincial People's Committees organize the implementation of investigations, monitoring, and assessments of the status of species listed in the priority protected species list in their localities according to the guidance of the Ministry of Natural Resources and Environment for wild animals and plants and according to the guidance of the Ministry of Agriculture and Rural Development for crop and livestock varieties, microorganisms, and fungi.
Articleonu 10. Conservation of species listed in the priority protected species list
1. Conservation of priority protected species
a) The conservation of priority protected species is carried out in nature reserves and biodiversity conservation facilities in accordance with the provisions of this Decree;
b) The Ministry of Natural Resources and Environment guides the conservation of priority protected wild animal and plant species living in natural areas that do not yet meet the conditions for establishing a reserve;
c) The Ministry of Agriculture and Rural Development guides the conservation of crop and livestock varieties in households and individuals; priority protected microorganisms and fungi;
d) Each priority protected species is conserved through a separate conservation program and assigned to an agency responsible for the conservation work of that species.
2. Projects and activities that pose a risk of negatively impacting the habitats, migration routes, and feeding grounds of priority protected species must have appropriate mitigation measures to ensure they do not affect the existence and development of those species in nature.
3. In cases where priority protected wild animals threaten property or human life, the Chairman of the People's Committee of the district, town, or provincial city directly under the province shall consider and decide on self-defense measures to protect human lives and minimize harm to the wild animals.
4. The Ministry of Natural Resources and Environment takes the lead, coordinating with relevant ministries and sectors to develop conservation programs for wild animal and plant species listed in the priority protected species list, submitting them to the Prime Minister for approval and organizing their implementation according to the Prime Minister's assignment.
5. The Ministry of Agriculture and Rural Development takes the lead, coordinating with relevant ministries and sectors to develop conservation programs for crop and livestock varieties, microorganisms, and fungi listed in the priority protected species list, submitting them to the Prime Minister for approval and organizing their implementation according to the Prime Minister's assignment.
Article 11. Exploitation of species listed in the Priority Species Protection Catalogue
1. Conditions for exploiting wild animal and plant species listed in the Priority Species Protection Catalogue:
a) To serve the purpose of biodiversity conservation, scientific research, and initial seed stock creation;
b) To ensure that such exploitation does not negatively impact the existence and development of the species in nature;
c) To have an Exploitation Permit issued by the competent authority in accordance with Point d Clause 3 of this Article;
d) To obtain the consent of the Natural Reserve Management Board for exploitation activities within natural reserves, the Biodiversity Conservation Facility Management Board for exploitation activities within biodiversity conservation facilities, and the provincial specialized agency for exploitation activities outside natural reserves and biodiversity conservation facilities.
2. Documents required for issuing an Exploitation Permit for wild animal and plant species listed in the Priority Species Protection Catalogue include:
a) An application form for an Exploitation Permit according to Form No. 02, Appendix II of this Decree;
b) An exploitation plan according to Form No. 03, Appendix II of this Decree;
c) A report on the current status of the species population at the exploitation site according to Form No. 04, Appendix II of this Decree;
d) A certified copy of the signed cooperation program for scientific research or the Decision approving the scientific research task by the competent state agency;
đ) A document of agreement from the organization or individual specified in Point d Clause 1 of this Article;
e) A certified copy of the document proving legitimate legal entity status.
3. Procedures and formalities for issuing an Exploitation Permit for wild animal and plant species listed in the Priority Species Protection Catalogue:
a) Organizations and individuals applying for an Exploitation Permit must submit three (03) sets of documents as prescribed in Clause 2 of this Article and the fee for the permit issuance review directly or through postal service to the Ministry of Natural Resources and Environment;
b) Within five (05) working days from the date of receiving the documents, the Ministry of Natural Resources and Environment will notify the organization or individual in writing about the acceptance of the documents or request for additional or completion of the documents in accordance with regulations; The request for organizations and individuals to supplement or complete the documents can only be made once and the time taken to supplement or complete the documents shall not be counted towards the review period;
c) Within forty-five (45) working days from the date of receiving valid documents, the Ministry of Natural Resources and Environment is responsible for establishing a Review Committee and conducting the review. The Review Committee includes representatives from the relevant agencies of the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, the People's Committee of the province, the Natural Reserve Management Board or the Biodiversity Conservation Facility Management Board where the exploitation activity will take place, related organizations, and experts;
d) Within ten (10) working days from the date of obtaining the review results, the Ministry of Natural Resources and Environment will issue the Exploitation Permit to the organization or individual who applied for it; In case of refusal to issue the Exploitation Permit, a written notification with reasons must be provided to the organization or individual who requested it. The Exploitation Permit is stipulated according to Form No. 05, Appendix II of this Decree;
đ) Organizations and individuals granted the Exploitation Permit must comply with the provisions in the Exploitation Permit and the approved Exploitation Plan; They are responsible for compensating for damages and remedying incidents if they cause ecological environment degradation, destruction of state property and people's assets in accordance with the law;
4. Inspection, supervision, and confirmation of exploited specimens of wild animal and plant species listed in the Priority Species Protection Catalogue:
a) The Natural Reserve Management Board is responsible for inspecting, supervising exploitation activities and confirming exploited specimens within natural reserves; The provincial specialized agency is responsible for inspecting, supervising exploitation activities and confirming exploited specimens outside natural reserves and biodiversity conservation facilities, and implementing the regulation of stamping forestry inspection seals according to the guidelines of the Ministry of Agriculture and Rural Development for wood specimens. The specimen confirmation certificate follows Form No. 06, Appendix II of this Decree;
b) When discovering that organizations or individuals exploit without complying with the contents recorded in the Exploitation Permit and the approved Exploitation Plan or committing violations of the law, the competent authority will conduct inspections and supervision as prescribed in Point a Clause 4 of this Article, require organizations or individuals to immediately stop exploitation activities, and report to the Ministry of Natural Resources and Environment for consideration and handling;
c) At the latest three (03) working days from the end of the exploitation activity, the organization or individual granted the Exploitation Permit must notify the competent authority specified in Point a Clause 3 of this Article to proceed with inspection, record the final acceptance, and confirm the exploited specimens;
d) At the latest twenty (20) days from the expiration date of the Exploitation Permit, the organization or individual must report to the Ministry of Natural Resources and Environment on the exploitation results, accompanied by the final acceptance record and a certified copy of the Specimen Confirmation Certificate;
5. Effectiveness of the Exploitation Permit, extension, and revocation of the Exploitation Permit for wild animal and plant species listed in the Priority Species Protection Catalogue:
a) The Exploitation Permit is effective for one (01) year. Two (02) months before the Exploitation Permit expires, organizations or individuals requiring an extension of the Exploitation Permit must send an application for extension to the Ministry of Natural Resources and Environment for consideration. Each Exploitation Permit may be extended no more than two (02) times;
b) The Exploitation Permit will be revoked in the following cases: Failure to implement the exploitation plan, exceeding the quantity specified in the Exploitation Permit, and causing significant impact on the species in nature; Not conducting exploitation activities within six (06) months from the date specified in the Exploitation Permit; Serious violation of the Biodiversity Law and current legal documents on biodiversity conservation;
c) The authority issuing the Exploitation Permit is responsible for considering the extension or revocation of the Exploitation Permit.
6. The exploitation of plant seeds, livestock breeds, microorganisms, and fungi listed in the Priority Species Protection Catalogue shall be carried out in accordance with the regulations of the Ministry of Agriculture and Rural Development.
Article 12. Exchange,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPsale, gift, lease, storage, transportation of specimens of species listed in the Priority Species Protection Catalogue
1. The exchange, sale, gift, lease of specimens of wild species listed in the Priority Species Protection Catalogue may only be carried out when the following conditions are met:
a) To serve the purpose of biodiversity conservation, scientific research, and initial seed stock creation;
b) Having a permit for exchanging, selling, gifting, leasing specimens of species listed in the Priority Species Protection Catalogue issued by the competent authority in accordance with Point c Clause 3 of this Article.
2. Documents for issuing a permit for exchanging, selling, gifting, leasing specimens of wild species listed in the Priority Species Protection Catalogue
a) Application form No. 07, Appendix II of this Decree;
b) Documentation proving the legitimate origin of the specimen;
c) Written agreement on the exchange, sale, gifting, leasing of protected species specimens;
d) Certified copy of documentation proving the lawful legal status.
3. Procedures and formalities for issuing a permit for exchanging, selling, gifting, leasing specimens of wild species listed in the Priority Species Protection Catalogue:
a) Organizations and individuals who need to carry out the exchange, sale, gifting, leasing of specimens of wild species listed in the Priority Species Protection Catalogue shall submit directly or through postal service three (03) sets of documents as stipulated in Clause 2 of this Article and the fee for assessing the Exchange, Sale, Gift, Lease Specimen Permit for wild species listed in the Priority Species Protection Catalogue to the Provincial People's Committee;
b) Within five (05) working days from the date of receipt of the documents, the Provincial People's Committee shall notify organizations and individuals in writing about the acceptance of the documents or request for supplementation and completion of the documents in accordance with the regulations; the request for organizations and individuals to supplement and complete the documents can only be made once and the time for supplementation and completion of the documents shall not be counted towards the assessment period of the documents;
c) Within thirty (30) working days from the date of receiving valid documents, the Provincial People's Committee shall conduct an assessment and issue the Exchange, Sale, Gift, Lease Specimen Permit for wild species listed in the Priority Species Protection Catalogue to the requesting organization or individual; in case of refusal to issue the permit, it must be notified in writing and the reasons must be stated to the requesting organization or individual; the permit for exchanging, selling, gifting, leasing specimens is specified according to Form No. 08, Appendix II of this Decree.
4. Validity of the permit, extension, revocation of the permit for exchanging, selling, gifting, leasing specimens of wild species listed in the Priority Species Protection Catalogue:
a) The permit for exchanging, selling, gifting, leasing specimens of wild species listed in the Priority Species Protection Catalogue is valid for six (06) months. One (01) month before the expiry of the permit, organizations and individuals who need to continue exchanging, selling, gifting, leasing specimens of wild species must submit an application for extending the permit and such extension shall not exceed one (01) time for each permit;
b) The permit for exchanging, selling, gifting, leasing specimens of wild species listed in the Priority Species Protection Catalogue shall be revoked in the following cases: Failure to comply with the contents stipulated in the permit, exceeding the quantity recorded in the permit; more than three (03) months from the date of issuance of the permit without conducting activities of exchanging, selling, gifting, leasing specimens of wild species; serious violation of the provisions of the Law on Biodiversity and current legal documents on biodiversity conservation;
c) The authority issuing the permit for exchanging, selling, gifting, leasing specimens of wild species listed in the Priority Species Protection Catalogue shall be responsible for considering the extension or revocation of the permit.
5. The Ministry of Agriculture and Rural Development shall guide the exchange, sale, gifting, leasing of plant seeds and livestock breeds listed in the Priority Species Protection Catalogue.
6. The storage and transportation of specimens of species listed in the Priority Species Protection Catalogue are regulated as follows:
a) Organizations and individuals storing and transporting specimens of wild species listed in the Priority Species Protection Catalogue must have confirmation from the Provincial People's Committee and ensure safety conditions during the storage and transportation of specimens. The application documents for the Provincial People's Committee's confirmation include: Application form for specimen storage and transportation confirmation No. 09, Appendix II of this Decree; documentation proving the legitimate origin of the specimen; health certificate for live animal and plant specimens; permit for exchanging, selling, gifting, leasing specimens of protected species;
b) Within five (05) working days from the date of receipt of the documents, the Provincial People's Committee shall be responsible for issuing the confirmation for organizations and individuals applying for specimen storage and transportation, in case of refusal to issue the confirmation, it must be notified in writing and the reasons must be stated to the requesting organization or individual; the specimen storage and transportation confirmation is specified according to Form No. 10, Appendix II of this Decree.
7. Households and individuals storing and transporting plant seeds and livestock breeds listed in the Priority Species Protection Catalogue must register with the Commune People's Committee where they store them and follow the guidance of the specialized agency of the Provincial People's Committee.
Article 13. Raising and Cultivating Species Listed in the Priority Protected Species Catalog
1. Conditions for raising and cultivating species listed in the Priority Protected Species Catalog:
a) For purposes of biodiversity conservation, scientific research, and initial breeding, carried out at a biodiversity conservation facility in accordance with Clause 1, Article 42 of the Biodiversity Law, except for cases specified in Clause 4 of this Article;
b) Priority protected species raised and cultivated must have a legal origin and be included in the list of species registered for raising and cultivation when establishing a biodiversity conservation facility or be permitted by the competent authority in accordance with Clause 3 of this Article.
2. Documents for applying for a permit to raise and cultivate:
a) Application form for raising and cultivating priority protected species according to Form No. 11, Appendix II of this Decree;
b) Project for raising and cultivating priority protected species as registered. The project includes basic information on: Ecological characteristics of the species; scale and plan for raising, cultivating, and developing the species; infrastructure, technical procedures for raising and cultivating; financial and professional capacity; measures to ensure safety and environmental hygiene;
c) Documentation proving compliance with conditions for raising and cultivating species, including information prescribed in Clause 2, Article 42 of the Biodiversity Law.
3. Procedures and formalities for issuing a permit to raise and cultivate species listed in the Priority Protected Species Catalog that are not included in the list of species registered for raising and cultivation when establishing a biodiversity conservation facility:
a) The head of a biodiversity conservation facility shall submit directly or through postal service three (03) sets of documents as prescribed in Clause 2 of this Article to the People's Committee of the province;
b) Within thirty working days from the date of receipt of complete and valid documents, the People's Committee of the province shall be responsible for reviewing, organizing on-site inspections, and issuing a permit to raise and cultivate according to Form No. 12, Appendix II of this Decree. In case of refusal to issue a Permit, a written notification must be provided to the head of the biodiversity conservation facility, stating the reasons.
4. Households and individuals currently raising and cultivating plant and animal breeds listed in the Priority Protected Species Catalog but not yet meeting the conditions to establish a biodiversity conservation facility must report to the local authorities and follow the guidance of the specialized agencies of the People's Committee of the province.
5. In the event that wild animals die during the raising process, the head of the biodiversity conservation facility must report to the specialized agency of the People's Committee of the province for confirmation and decision on handling according to one of the following options:
a) Transfer to scientific institutions, educational and environmental training facilities, or specialized museums for research, preservation, and community education;
b) Destroy the carcass in cases where the wild animal died due to disease or cannot be handled according to the option prescribed in Point a of this Clause.
Revocation of Permit to Raise and Cultivate Species Listed in the Priority Protected Species Catalog:
a) A permit to raise and cultivate species listed in the Priority Protected Species Catalog will be revoked in the following cases: Failure to comply with the contents stipulated in the Permit; the raising and cultivation facility does not meet the conditions for raising and cultivating as prescribed in Clause 2, Article 42 of the Biodiversity Law; serious violation of the Biodiversity Law and current legal documents on biodiversity conservation;
b) The competent authority issuing the permit to raise and cultivate species listed in the Priority Protected Species Catalog shall be responsible for revoking the permit.
7. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Natural Resources and Environment to develop technical procedures for raising, cultivating, and releasing back into their natural habitats for wild species listed in the Priority Protected Species Catalog.
Article 14. Rescue and release of species listed in the Priority Species Protection Catalogue into biodiversity conservation facilities and back to their natural habitats
1. Wild animal species listed in the Priority Species Protection Catalogue that have lost their natural habitats, are lost, and remain healthy after confiscation procedures, the specialized agency of the provincial People's Committee shall consider and decide on releasing them back into suitable natural habitats; in cases where conditions for releasing them into natural habitats cannot be guaranteed due to injury or illness, they shall be transferred to rescue facilities for treatment, breeding, and care.
2. Upon receiving notification of species requiring rescue as stipulated in Clause 1 of this Article, rescue facilities must promptly implement rescue operations, establish tracking files for each individual rescued species, and report to the specialized agency of the provincial People's Committee.
3. After the rescued individuals have recovered, the rescue facility must report to the specialized agency of the provincial People's Committee. Within three (03) working days from the date of receipt of the proposal, the specialized agency of the provincial People's Committee shall consider and decide on releasing the species back into their natural habitats or transferring them to suitable biodiversity conservation facilities.
4. In cases where rescued individuals die during the rescue process, the rescue facility must report to the specialized agency of the provincial People's Committee for review and implement handling measures as prescribed in Clause 5 of Article 13 of this Decree.
5. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Natural Resources and Environment to develop and promulgate technical procedures for rescuing and releasing priority protected species back into their natural environments or transferring them to suitable biodiversity conservation facilities.
Articleonu 15. Exports, import specimens of species listed in the Priority Species Protection Catalogue|||c Priority Species Protection Catalogue
1. Exporting and importing specimens of wild animals and plants listed in the Priority Species Protection Catalogue can only be carried out for purposes of biodiversity conservation, scientific research, eco-tourism, or initial seed stock creation.
2. In addition to complying with current regulations on export and import applicable to species listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Vietnamese Management Authority implementing CITES shall seek written opinions from the Ministry of Natural Resources and Environment before issuing permits for exporting and importing specimens of wild animals and plants listed in the Priority Species Protection Catalogue.
3. Before December 31 of each year, the Vietnamese Management Authority implementing CITES shall be responsible for submitting statistical reports on the export and import of specimens of wild animals and plants listed in the Priority Species Protection Catalogue to the Ministry of Natural Resources and Environment.
4. The Ministry of Agriculture and Rural Development shall guide the export and import of plant seeds, livestock breeds, microorganisms, and fungi listed in the Priority Species Protection Catalogue.
Article 16. Responsibilities and benefits of organizations and individuals in protecting species listed in the Priority Species Protection Catalogue vệ
1. The Management Board of the Nature Reserve has responsibilities and benefits:
a) Adhering to the provisions of Article 29 of the Biodiversity Law and laws on biodiversity conservation;
b) Investigating, monitoring, and assessing the status of priority protected species; inspecting and supervising exploitation activities and confirming specimens obtained within the managed nature reserve area, and reporting to the direct management authority as prescribed by law;
c) Receiving technical support and equipment to implement conservation solutions for priority protected species within the nature reserve;
d) Receiving financial support for conservation activities of priority protected species according to laws on biodiversity, forest protection and development, and fisheries;
2. The owner of a biodiversity conservation facility has responsibilities and benefits:
a) Adhering to the provisions of Article 43 of the Biodiversity Law;
b) Registering and declaring the origin of species at the biodiversity conservation facility with the specialized agency of the provincial People's Committee; Establishing tracking files for priority protected species bred or grown at the facility;
c) In case of changes in the number of individuals bred or grown at the facility, within five (05) working days, the owner of the biodiversity conservation facility must notify the specialized agency of the provincial People's Committee for confirmation;
d) Developing plans, constructing, and implementing management, protection, and development programs for priority protected species at the facility under their management;
đ) Cooperating with related management and scientific research agencies to carry out conservation and development work for species at the facility under their management;
e) By the end of December each year, the owner of the biodiversity conservation facility is responsible for reporting to the provincial People's Committee on the status of priority protected species at the facility;
g) Receiving state support for investment in building, upgrading, and renovating the biodiversity conservation facility, and other preferential policies as prescribed by law;
h) Receiving human resource support and technical guidance from the directly managing authority for conserving priority protected species.
3. Organizations and individuals who discover individuals of species listed in the Priority Species Protection Catalogue that have lost their natural habitats, are lost, injured, or ill must immediately report to the district People's Committee or the nearest rescue facility; illegal acts of exploitation, possession, transportation, exchange, sale, or gift must be reported to the nearest law enforcement agencies for prompt handling. The State has policies to encourage and reward organizations and individuals who provide information and report violations of laws concerning priority protected species.
Chapter IV
IMPLEMENTATION
Article 17. Financial sources for the conservation and development of priority speciesdevelopmentlisted in the Priority Species List vệ
1. Financial resources for the conservation of priority protected species shall be sourced from:
a) State budget allocation;
b) Investment and support from organizations and individuals both within and outside the country;
c) Revenue from environmental services related to biodiversity and other sources as prescribed by law.
2. The state budget for the conservation and development of priority protected species shall be used for the following purposes:
a) Basic surveys; periodic surveys; surveys as required for management; monitoring; statistics; reporting;
b) Building, maintaining, and developing databases and preparing reports on priority protected species;
c) Investing in physical infrastructure and technology, upgrading, and renovating national biodiversity conservation facilities;
d) Preparing and reviewing applications for inclusion or removal from the Priority Species List;
đ) Implementing programs and projects for the conservation of priority protected species;
e) Promoting legal education and raising awareness about the conservation and development of priority protected species;
g) Supporting organizations and individuals in legally breeding, growing, and storing priority protected species;
h) Rescuing, appraising specimens, and implementing measures to handle dead wildlife specimens during rescue operations; releasing priority protected wildlife species back into their natural habitats.
Article 18. Responsibilities of Ministries and Provincial People's Committees in managing priority protected speciesớlisted in the Priority Species List
1. The Ministry of Natural Resources and Environment shall be responsible for:
a) Issuing guiding documents within their authority and organizing implementation according to the provisions of this Decree;
b) Inspecting and supervising compliance with legal regulations in the management and protection of priority protected species;
c) International cooperation in the conservation and development of priority protected species;
d) Organizing investigations, evaluations, and reviews of files on wild animals and plants listed in the Priority Species List; compiling and submitting to the Prime Minister for consideration and decision-making regarding the inclusion or removal of species from the list;
đ) Establishing databases on priority protected species, conservation programs for wild animals and plants listed in the Priority Species List; publishing investigation and evaluation results on the status of priority protected wild animals and plants on the Ministry of Natural Resources and Environment’s website;
e) Regulations on the organization and activities of the Review Board issuing permits for the exploitation of wild animals and plants listed in the Priority Species List.
2. The Ministry of Agriculture and Rural Development shall be responsible for:
a) Issuing guiding documents within their authority and organizing implementation according to the provisions of this Decree;
b) Investigating, evaluating, and reviewing files on plant varieties, livestock breeds, microorganisms, and fungi listed in the Priority Species List; proposing the inclusion or removal of species from the Priority Species List;
c) Developing conservation programs for plant varieties, livestock breeds, microorganisms, and fungi listed in the Priority Species List.
3. The Ministry of Finance, in collaboration with the Ministry of Natural Resources and Environment, shall stipulate fee levels, management, and utilization of fees for reviewing applications for permits to exploit, exchange, purchase, sell, give as gifts, or lease priority protected species; providing guidance on funding for rescue operations, specimen appraisal, and destruction of deceased specimens during rescue operations.
4. Other ministries and sectors shall implement the provisions of this Decree within their functions, tasks, and authorities.
5. Provincial People's Committees shall be responsible for guiding and organizing the implementation of the provisions of this Decree.
Article 19. Effective Date
1. This Decree takes effect from January 1, 2014.
2. This Decree replaces the provisions on criteria for determining critically endangered, precious, and rare species that are priority protected; management and protection systems for priority protected species; procedures and formalities for reviewing applications for inclusion or removal from the Priority Species List; authorities, procedures, and formalities for including priority protected species in biodiversity conservation facilities and releasing them into their natural habitats; conditions for breeding, growing, rescuing, preserving genetic resources, and specimens of priority protected species as stipulated in Articles 12, 13, 14, 15, and 16 of Government Decree No. 65/2010/NĐ-CP dated June 11, 2010 detailing and guiding the implementation of certain provisions of the Law on Biodiversity.
3. Management systems for species listed in the List of Critically Endangered, Precious, and Rare Forest Animals and Plants issued together with Government Decree No. 32/2006/NĐ-CP dated March 30, 2006 on the management of forest plants and animals that are critically endangered, precious, and rare, which are determined as priority protected species, shall be implemented in accordance with the provisions of this Decree.
4. The ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial people's committees under the central government shall be responsible for implementing this Decree./.
Văn bản gốc (PDF)
Tải văn bản
Bản đồ quan hệ
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.