Circular No. 50/2016/TT-BTNMT stipulates the organization and operation of the Council for Appraisal of Wild Animal and Plant Species listed in the Priority Protected Rare and Valuable Species Catalogue.

CIRCULAR

Regulations on the organization and operation of the Council for Species Appraisal of Wild Fauna and Flora Species Listed in the Priority Protected Species Catalogue

Based on Decree No. 160/2013/ND-CP dated February 12, 2013 of the Government on criteria for determining species and management regimes for species listed in the Priority Protected Species Catalogue year 2013 of the Government on criteria for determining species and management regime of species listed in the list of endangered, precious, and rare species prioritized for protection;pursuant to the Ministry of Natural Resources and Environment promulgating Circular stipulating the organization and operation of the Species Appraisal Council for wild animals and plants listed in the List of Endangered, Precious, and Rare Species Prioritized for Protection;m shall be given priority for protection; The Ministry of Natural Resources and Environment shall issue a Circular stipulating the organization and operation of the Council for Appraisal of Wild Animal and Plant Species listed in the Catalogue of Endangered, Valuable, and Rare Species;

Pursuant to the Decree No. 21/2013/ND-CP dated April 3, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Inspector General The Director of the General Department of Environment and the Deputy Minister of the Ministry of Natural Resources and Environment issue this Circular on the organization and operation of the Council for Species Appraisal of Wild Fauna and Flora Species listed in the Priority Protected Species Catalogue. The Minister of Science and Technology issues this Circular guiding the establishment of small and medium enterprise (SME) incubation centers, technical support centers for SMEs, and shared working spaces supporting innovative startups of SMEs

issues this Circular detailing the activities and work relationships of Medical Expert Boards at all levels.ng Bộ Tài nguyên và Môi trường ban hành Thông tư quy định về tổ chức và hoạt động của Hội đồng thẩm định loài động vật hoang dã, thực vật hoang dã thuộc Danh mục loài nguy cấp, quý, hiếm such species shall be given priority for protection.o vệ.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the organization and operation of the Council for Species Appraisal of Wild Fauna and Flora Species listed in the Priority Protected Species Catalogue as prescribed in Clause 3, Article 8 of the Decree No. 160/2013/ND-CP dated November 12, 2013 of the Government on criteria for determining species and management regimes for species listed in the Priority Protected Species Catalogue.

Article 2. Applicability

This Circular applies to organizations and individuals involved in the appraisal of Wild Fauna and Flora Species listed in the Priority Protected Species Catalogue.

Article 3. Responsibilities of the Council for Species Appraisal of Wild Fauna and Flora Species listed in the Priority Protected Species Catalogue

The Council for Species Appraisal of Wild Fauna and Flora Species listed in the Priority Protected Species Catalogue (hereinafter referred to as the Council) shall be responsible for advising the Minister of Natural Resources and Environment on the appraisal of the application files for Wild Fauna and Flora Species listed in the Priority Protected Species Catalogue (hereinafter referred to as the Application Files for Appraisal).

Article 4. Permanent Office of the Council for Species Appraisal

1. The General Department of Environment is the permanent office of the Council.

2. The permanent office of the Council shall have the following tasks:

a) Submit to the Minister of Natural Resources and Environment for consideration and decision on the establishment of the Council;

b) Review and evaluate the completeness of the content of the Application Files for Appraisal before convening the Council meeting;

c) Solicit opinions from organizations and independent experts on the content of the Application Files for Appraisal and compile these opinions before convening the Council meeting;

d) Provide the Application Files for Appraisal and compiled opinions from organizations and experts to Council members; organize site inspections for Council members when requested by the Chairman of the Council;

đ) Organize the Council meeting; report to the Council on issues related to meetings as stipulated in Articles 12 and 13 of this Circular;

e) Submit the Council's appraisal results to the Minister of Natural Resources and Environment; notify the appraisal results to the proposing organizations and individuals;

g) Prepare budgets and settle accounts for the Council's operational expenses according to regulations;

h) Safeguard and manage the Application Files for Appraisal and documentation of the appraisal process;

i) Perform other tasks assigned by the Ministry of Natural Resources and Environment related to the appraisal process of the Application Files for Appraisal.

Chapter II

COMPOSITION AND OPERATIONS OF THE COUNCIL FOR SPECIES APPRAISAL

Article 5. Members of the Appraisal Council

1. The Minister of Natural Resources and Environment shall issue a decision to establish the Appraisal Council, with the number and composition of council members determined by the Minister of Natural Resources and Environment.

2. The Appraisal Council shall include at least 11 members who are representatives of management agencies and experts and scientists with professional qualifications and experience in the field of biodiversity conservation, including at least 50% being experts and scientists. The composition of the Appraisal Council is as follows:

a) The Chairman of the Review Board is a leader from the Ministry of Natural Resources and Environment;

b) The Vice Chairman of the Appraisal Council is the leader of the Council's permanent agency;

c) Two opposing members are experts and scientists with professional qualifications and experience in the field of biodiversity conservation;

d) The secretary member is the leader of the specialized agency under the General Department of Environment;

đ) Members include representatives from the Ministries of Agriculture and Rural Development, Science and Technology, other ministries and agencies equivalent to ministries related to the field, and experts and scientists with professional qualifications and experience in the field of biodiversity conservation.

3. The model for the decision to establish the Appraisal Council is specified in Appendix 01 attached to this Circular.

Article 6. Responsibilities and Authorities of the Chairman of the Appraisal Council

In addition to the responsibilities and authorities of council members stipulated in Article 9 of this Circular, the Chairman of the Appraisal Council has the following responsibilities and authorities:

1. Deciding to convene meetings of the Appraisal Council.

2. Chairing meetings of the Appraisal Council according to the procedures prescribed in Article 13 of this Circular.

3. Being responsible for the activities of the Appraisal Council.

4. Handling opinions raised during meetings of the Appraisal Council and concluding meetings of the Appraisal Council.

5. Signing minutes of meetings of the Appraisal Council and being responsible before the law and the Ministry of Natural Resources and Environment for conclusions made during meetings of the Appraisal Council.

6. Expressing opinions (agreeing to approve or disagreeing to approve) on the dossier after it has been revised and supplemented according to the conclusion of the Appraisal Council based on the assessment opinions of two opposing members.

Article 7. Responsibilities and Authorities of the Vice Chairman of the Appraisal Council

In addition to the responsibilities and authorities of council members stipulated in Article 9 of this Circular, the Vice Chairman of the Appraisal Council also has the responsibilities and authorities of the Chairman of the Appraisal Council when authorized by the Chairman of the Appraisal Council.

Article 8. Responsibilities and Authorities of Opposing Members

In addition to the responsibilities and authorities of council members stipulated in Article 9 of this Circular, opposing members have the following responsibilities and authorities:

1. Writing comments according to the model specified in Appendix 02 of this Circular.

2. Reviewing, assessing, and expressing opinions (agreeing to approve or disagreeing to approve) on the appraisal request dossier after it has been revised and supplemented according to the conclusion of the Appraisal Council.

Article 9. Responsibilities and Authorities of Council Members

1. Responsibilities:

a) Studying and evaluating the dossiers for appraisal provided by the Council's permanent agency; writing comments according to the model specified in Appendix 03 of this Circular and sending them to the Council's permanent agency at least two working days before the meeting takes place;

b) Participating in meetings of the Appraisal Council and other activities during the appraisal process of the appraisal request dossier as arranged by the Council's permanent agency; in case they cannot attend the meeting of the Appraisal Council, they must notify and send their comments to the Council's permanent agency at least two working days before the meeting takes place;

c) Managing provided documents to ensure that they are not lost, information is not transferred to third parties, and returning these documents upon request of the Council's permanent agency after completing the assigned tasks;

d) Being responsible before the law for the objectivity and honesty of comments and evaluations on the appraisal request dossier and the contents of work assigned during the appraisal process.

2. Authorities:

a) Requesting the Council's permanent agency to provide complete information, documents, data, and relevant content to the appraisal request dossier; organizing meetings and other activities directly serving the appraisal work;

b) Directly dialoguing with related parties at meetings of the Appraisal Council; having the right to reserve opinions and record them in the minutes of the Appraisal Council meeting if there are differing opinions from the Chairman's conclusion;

c) Receiving remuneration and reimbursement for related expenses according to current laws when performing appraisal activities on the appraisal request dossier.

Article 10. Responsibilities and Authorities of the Secretary Member

In addition to the responsibilities and authorities of the Council Members as stipulated in Article 9 of this Circular, the Secretary Member shall also have the following responsibilities and authorities:

1. Provide templates for comments and evaluation forms for the application dossier for review to the members of the Review Council.

2. Report to the Chairman of the Review Council on the main issues of the application dossier for review based on the research and synthesis of opinions from the Council Members and information provided by the Standing Office of the Review Council (if available); read the comments of the Council Members who did not attend the Council meeting.

3. Record, complete, sign, and submit the minutes of the meetings of the Review Council according to the Model Minutes of the Review Council Meeting prescribed in Appendix 05 issued together with this Circular for the Chairman of the Review Council to examine and sign.

4. Perform other tasks serving the activities of the Review Council as required by the Chairman of the Review Council and the Standing Office of the Review Council.

5. In case of absence from the Council meeting, the Secretary Member shall report to the Chairman of the Review Council to appoint one member of the Council to serve as the secretary of the meeting.

Article 11. Representatives Participating in Meetings of the Review Council

1. The composition of representatives participating in meetings of the Review Council shall be selected and invited by the Standing Office of the Review Council.

2. Representatives participating in meetings of the Review Council may express their opinions, subject to the chairperson's control during the meeting, and are entitled to remuneration as prescribed by law. Representatives participating in meetings of the Review Council shall not vote in the sessions.

Article 12. Principles of Operation of the Review Council

1. The Review Council operates under the principle of collective work, open discussion, and direct interaction among its members.

2. The meeting of the Review Council is decided by the Chairman of the Council.

Article 13. Conditions for Conducting Official Meetings of the Review Council

Official meetings of the Review Council shall only be conducted when the following conditions are met:

1. The presence of the Chairman of the Review Council or the Vice-Chairman of the Review Council authorized by the Chairman to preside over the meeting in the absence of the Chairman.

2. Participation (either physically present at the meeting or joining via online means) of at least two-thirds of the Council members as determined by the establishment decision, including at least one opposing member and three experts or scientists.

3. Availability of comments from absent members before the Review Council meeting.

Article 14. Content and Procedure for Conducting Official Meetings of the Review Council

1. The Secretary Member reads the decision establishing the Review Council, introduces the participants, and reports briefly on the process of handling the application dossier for review, provides a summary of opinions and feedback from organizations, experts, and scientists, and informs about the activities of the Standing Office of the Review Council prior to the meeting.

2. A representative of the Standing Office of the Review Council presents a summary of the content of the application dossier for review and reports on the consolidated results of preliminary checks and evaluations of the dossier and related documents, and summarizes the comments and evaluations of the Council Members.

3. Council Members and representatives participating in the meeting discuss and deliberate on any unclear issues (if any) in the application dossier for review.

4. Opposing members and other Council Members present their comments and evaluation forms on the content of the application dossier for review.

5. The Secretary Member reads the comments of absent Council Members.

6. Participants express their opinions.

7. The Review Council may convene separately with the participation of the Standing Office of the Review Council (as decided by the session chair) to unify the content of the Council's conclusion.

8. The session chair announces the draft conclusion of the Review Council.

9. Council Members and the Standing Office of the Review Council express their opinions on the draft conclusion proposed by the session chair.

10. The session chair approves the conclusion of the Review Council and declares the end of the meeting.

Article 15. Conclusion of the Appraisal Council

1. The conclusion of the Appraisal Council must clearly reflect the following contents:

a) The deficiencies and shortcomings of the application dossier for appraisal; related requirements and recommendations for completing the dossier (if any), based on the opinions of the members of the Appraisal Council;

b) Based on the results of the voting to assess according to the principles stipulated in Clause 3 of this Article, conclude at one of three levels: agree to approve; agree to approve with conditions for revision and supplementation; disagree to approve.

2. Principles for issuing conclusions of the Appraisal Council:

a) Agree: when all members of the Appraisal Council attending the meeting have voted to agree;

b) Agree with conditions for revision and supplementation of the dossier: when at least 2/3 of the members of the Appraisal Council attending have voted to agree to approve or agree to approve with conditions for revision and supplementation of the dossier;

c) Disagree: when more than 1/3 of the members of the Appraisal Council attending have voted to disagree to approve.

Article 16. Documents of the Appraisal Council Meeting

1. Minutes of the Appraisal Council meeting (signed with full name of the Chairman of the Appraisal Council and the recorder).

2. Summary report on the quality assessment of the content of the dossier and related documents concerning the appraisal of wild animal and plant species proposed to be included or removed from the list of rare and precious species prioritized for protection.

3. Comments of the council members and compilation of feedback and criticism from organizations and experts regarding the quality of the content of the dossier and related documents concerning wild animal and plant species proposed to be included or removed from the list of rare and precious species prioritized for protection.

4. Evaluation forms of the council members attending the meeting.

5. Other relevant documents concerning wild animal and plant species proposed to be included or removed from the list of rare and precious species prioritized for protection.

Article 17. Operating Expenses of the Appraisal Council

The operating expenses of the Appraisal Council are allocated from the regular budget funded by the State budget according to current laws. The expenditure standards for the activities of the Appraisal Council are implemented in accordance with the provisions of the law.

Chapter III

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Circular takes effect from June 1, 2017.

Article 19. Responsibility for Implementation

1. Ministries, agencies equivalent to ministries, government agencies, People's Committees of provinces and centrally-administered cities, organizations, and individuals concerned shall be responsible for implementing this Circular.

2. The Director of the General Department of Environment shall be responsible for monitoring and inspecting the implementation of this Circular.

3. During the implementation of this Circular, if difficulties or obstacles arise, ministries, sectors, localities, organizations, and individuals shall promptly report to the Ministry of Natural Resources and Environment for consideration and resolution./.