Circular No. 35/2018/TT-BTNMT stipulates criteria for determining and promulgating the List of Invasive Alien Species

CIRCULAR

Regulations on criteria for determining and promulgating the List of Invasive Alien SpeciesAppendix List of Invasive Alien Species 

Pursuant to the Biodiversity Law 2008;

Pursuant to Decree No. 36/2017/NĐ-CP dated April 4, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Upon the proposal of the Director General of the Department of Environment and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular regulating criteria for determining and promulgating the List of Invasive Alien Species.

Article 1. Criteria for determining invasive alien species and alien species with potential to be invasive

1. Content of assessment of the risk of invasion of alien species includes:

a) Information about the species: Vietnamese name, scientific name, English name, description of morphological characteristics of the species;

b) Climate characteristics of the place of origin or where the species has established populations;

c) History of invasion of the species worldwide and in Vietnam;

d) Characteristics of the species that may adversely affect the environment, biodiversity, and human health;

đ) Reproductive characteristics, dispersal mechanisms, and adaptive traits of the species to environmental conditions.

2. Criteria for determining invasive alien species:

An invasive alien species is an alien species meeting one of the following criteria:

a) Currently encroaching on habitats, competing for food, or causing harm to native species, spreading rapidly, or causing ecological imbalance at the locations where they appear and develop in Vietnam;

b) Evaluated as having a high risk of invasion to biodiversity and recorded as invasive in regions with climates similar to Vietnam or through trials showing invasive behavior.

3. Criteria for determining alien species with potential to be invasive:

An alien species with potential to be invasive is an alien species meeting one of the following criteria:

a) Capable of rapid development and spread, exhibiting competition for food and habitat, and having the potential to cause harm to native species in Vietnam;

b) Recorded as invasive in regions with climates similar to Vietnam;

c) Evaluated as having a high risk of invasion to biodiversity in Vietnam.

Article 2. List of Invasive Alien Species and List of Alien Species with Potential to be Invasive

1. The List of Invasive Alien Species is specified in Appendix 1 attached to this Circular.

2. The List of Alien Species with Potential to be Invasive is specified in Appendix 2 attached to this Circular.

3. Amending and supplementing the List of Invasive Alien Species and the List of Alien Species with Potential to be Invasive:

a) The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Agriculture and Rural Development to compile and review invasive alien species and alien species with potential to be invasive according to the criteria stipulated in Article 1 of this Circular;

b) Based on the results of the review, the Ministry of Natural Resources and Environment shall amend, supplement, and promulgate the List of Invasive Alien Species and the List of Alien Species with Potential to be Invasive.

Article 3. Effectiveness

This Circular applies to organizations and individuals engaged in trading and using feed on the territory of Vietnam.

2. Circular Jointly Issued No. 27/2013/TTLT-BTNMT-BNNPTNT dated September 26, 2013 of the Minister of Natural Resources and Environment and the Minister of Agriculture and Rural Development stipulating criteria for determining invasive alien species and promulgating the List of Invasive Alien Species shall cease to be effective from the date this Circular takes effect.

3. Ministries, ministerial-level agencies, provincial people's committees, municipal people's committees directly under the central government, and related organizations and individuals are responsible for implementing this Circular./.