Nghị định 160/2013/ND-CP

DECREE

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

Pursuant to the December 25, 2001 Law on organization of Government;

Pursuant to the November 13, 2008 Law on biodiversity;

At the proposal of Minister of Natural Resources and Environment;

The Government promulgates Decree on criteria to determine species and the regime of managing species under lists of endangered, precious and rare species prioritized protection,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

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

Breeding, rearing, artificial culture of species under lists of endangered, precious and rare species prioritized protection; and exchange, export, import, purchase and sale, gifting, carriage of species under lists 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.

Article 2. Subjects of application

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 lists of endangered, precious and rare species prioritized protection (hereinafter referred to as species prioritized protection) in Vietnam.  

Article 3. Interpretation of terms

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- Σ 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 the biodiversity preservation purpose mean activities of protection, restoration and development of genetic sources, individuals and populations of species prioritized protection.

3.  Taking specimen of species under lists of species prioritized protection means activities of taking specimens of species under lists 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 the continued and shortest boundary line surrounding all locations where presence of such species has been known or forecast.

5. Specimen with lawful origin of species under lists of species prioritized protection means specimen with papers certifying that it is the specimen obtained from the exploitation, purchase, sale, gifting, or hire, carriage, import; paper certifying that it is the material evidence confiscated by competent agencies or other papers proving that it originates from the biodiversity preservation facilities, households, individuals that have been granted certificate or registration. 

6. Specimen of species under lists 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 lists 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 the distribution zone of such species.

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

Chapter 2.

CRITERIA TO DETERMINE SPECIES UNDER LISTS OF ENDANGERED, PRECIOUS AND RARE SPECIES PRIORITIZED PROTECTION

Article 4. Criteria to determine species prioritized protection

Species under lists 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. 

Article 5. Determination of species of which quantity of individuals is few or in danger of extinction

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 variety is determined as plant variety 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 perennial industrial 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 females and less than 05 males, or entire herd has quantity of individuals of less than 120.

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

Article 6. Determination of species with special value of science; medicine; economy; ecology, environmental landscape and culture-history

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 that possess 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.

Article 7. Lists of species prioritized protection

1. Lists of species prioritized protection are specified in Annex I of this Decree.

2. Every three years or when necessary, the Prime Minister shall decide on adjustment, supplementation to lists of species prioritized protection on the basis of suggestion of the Ministry of Natural Resources and Environment.

Article 8. Appraisal of dossier of proposal on inclusion of species in or exclusion of species from the list of endangered precious and rare species prioritized for protection

1. Order of and procedures for appraisal, dossier:

a) Organizations and individuals proposing on inclusion of species in or exclusion of species from the list of endangered precious and rare species prioritized for protection shall send a 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 organizations and individuals, in writing, about acceptance of dossier; require for supplementation and completion of dossier in accordance with regulations or refuse 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 proposal on inclusion of species in or exclusion of species from the list of species prioritized for protection, enclosed with dossier and the appraisal result 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 proposals of the appraisal agencies, and submit it to the Prime Minister for deciding on inclusion of species in or exclusion of species from the list of species prioritized for protection.

2. The appraisal agencies:

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

Chapter 3.

REGIME OF MANAGING SPECIES UNDER LISTS OF ENDANGERED, PRECIOUS AND RARE SPECIES PRIORITIZED PROTECTION

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

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

a) Content of survey, observation, and assessment of current status of wild species under Lists of species prioritized protection includes: 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 Lists of species prioritized protection includes: 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 lists 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 updated 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 Fauna and Flora species under lists of species prioritized protection; make statistics and sum up information about changes of wild Fauna and Flora species under lists 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 lists of species prioritized protection; make statistics and sum up information about changes of animal breeds, plant varieties, microorganisms and fungi  under lists 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 lists of species prioritized protection in their localities according to guide of the Ministry of Natural Resources and Environment for wild Fauna and Flora species and guide of the Ministry of Agriculture and Rural Development for animal breeds, plant varieties, microorganisms and fungi.

Article 10. Preservation of species under lists of species prioritized protection

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 the wild.   

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 lists 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 lists of species prioritized protection, submit to the Prime Minister for approval and organize implementation as assigned by the Prime Minister.

Article 11. Exploitation of species under lists of species prioritized protection

1. Conditions for exploitation of wild Fauna and Flora species under lists of species prioritized protection:

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

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

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 Fauna and Flora species under lists 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 Fauna and Flora species under lists 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 for the exploited specimen of wild Fauna and Flora species under lists 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 Fauna and Flora species under lists 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 Lists of species prioritized protection shall comply with regulations of the Ministry of Agriculture and Rural Development.

Article 12. The exchange, purchase, sale, gifting, hiring, storage, carriage of specimen of species under lists of species prioritized protection

1. The exchange, purchase, sale, gifting, or hire of specimens of wild species under lists 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 the exchange, purchase, sale, gifting, or hire of specimens of species under lists of species prioritized protection granted by competent agencies as prescribed at point c Clause 3 this Article.

2. Dossier of license for the exchange, purchase, sale, gifting, or hire of specimen of wild species under lists 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 the exchange, purchase, sale, gifting, or hire of specimens of species prioritized protection;

d) Authenticated copy of paper proving legal status.

3. Order of and procedures for grant of permit of the exchange, purchase, sale, gifting, or hire of specimens of wild species under lists of species prioritized protection:

a) Organization or individual wishes to perform the exchange, purchase, sale, gifting, or hire of specimen of wild species under lists 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 the exchange, purchase, sale, gifting, or hire of specimen of wild species under lists 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 exchange, purchase, sale, gifting, or hire of specimen of wild species under lists 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 exchange, purchase, sale, gifting, or hire of specimens is made according to form No. 05, Annex II of this Decree.

4. Effect of license, extension, withdrawal of license for exchange, purchase, sale, gifting, or hire of specimens of wild species under lists of species prioritized protection:

a) License for the exchange, purchase, sale, gifting, or hire of specimens of wild species under lists of species prioritized protection takes effect within six (06) months. One (01) months, before license is expired, organization or individual wishes to continue the exchange, purchase, sale, gifting, or 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 the exchange, purchase, sale, gifting, or hire of specimen of wild species under lists 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 exchange, purchase, sale, gifting, or 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 the exchange, purchase, sale, gifting, or hire of specimens of wild species under lists of species prioritized protection shall consider extension or withdrawal of license.

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

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

a) Organizations and individuals store, transport specimens of wild species under lists of species prioritized protection must have confirmation of the provincial People’s Committees and ensure safety conditions during storage and carriage of specimens.   Dossier of requesting for the provincial People’s Committee’s confirmation includes:   A written request for confirmation of storage or carriage 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 the exchange, purchase, sale, gifting, or 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 carriage 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 carriage 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 lists 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.

Article 13. Rearing or planting species under lists of species prioritized protection

1. Conditions for rearing or planting species under lists 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 lists 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 lists  of species prioritized protection not in lists 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 lists 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 planting species under lists of species prioritized protection:

a) License for rearing or planting species under lists 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 lists 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 lists of species prioritized protection.

Article 14. Rescuing and putting species under lists of species prioritized protection in the biodiversity preservation facilities and releasing again their natural habitats

1. Wild animal species under lists 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.

Article 15. Export and import of specimens of species under lists of species prioritized protection

1. Export and import of specimens of wild Fauna and Flora species under lists 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 lists 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 lists 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 Lists of species prioritized protection.

Article 16. Responsibilities and interests of organizations and individuals in preservation of species under lists 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 Lists 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 Lists 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, carriage, 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.

Chapter 4.

ORGANIZATION OF IMPLEMENTATION

Article 17. Financial resources for preservation and development of species under lists of 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 Lists 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 proposals on inclusion of species in or exclusion of species from the list of species prioritized for protection;

dd) To perform programs, projects of preservation of species under lists 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, planting 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 lists of species prioritized protection back the suitable natural habitat.

Article 18. Responsibilities of Ministries and the provincial People’s Committee in state management over species under lists of species prioritized protection

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 Fauna and Flora species under Lists of species prioritized protection; to sum up, submit to the Prime Minister for consideration and decision  on inclusion of species in or exclusion of species from the list;

dd) To build the database on species prioritized protection, programs on preservation of wild Fauna and Flora species under lists of species prioritized protection; announce results of survey, assessment on actual status of wild Fauna and Flora 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 Fauna and Flora species under lists 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 Lists of species prioritized protection; to propose on inclusion of species in or exclusion of species from the list of species prioritized for protection;

c) To formulate program on preservation of plant varieties, animal breeds, microorganisms and fungi under lists 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, or hire of species under lists 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;

Article 19. Effect

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 proposals on inclusion of species in or exclusion of species from the list of species prioritized for 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 Lists 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. 

ANNEX I

LISTS 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)

1. Flora

2. Fauna

3. Plant varieties

4. Animal breeds

ANNEX II

FORMS
(Promulgated together with the Government’s Decree No. 160/2013/ND-CP dated November 12, 2013)

1. Form No.1: Application for proposals on inclusion of species in or exclusion of species from the list of endangered precious and rare species prioritized for protection.

2. Form No.2: Application for grant of license for exploiting species in Lists of endangered, precious and rare species prioritized protection.

3. Form No.3: Model plan on exploitation of species in Lists of endangered, precious and rare species prioritized protection.

4. Form No.4: Report on assessing actual conditions of population of species in Lists of endangered, precious and rare species prioritized protection and requested for exploitation.

5. Form No.5: License for exploiting species in Lists of endangered, precious and rare species prioritized protection.

6. Form No.6. Confirmation paper on the exploited specimen.

7. Form No.7: Application for grant of license for exchange, purchase, sale, gifting or hire of species in Lists of endangered, precious and rare species prioritized protection.

8. Form No.8: License for exchange, purchase, sale, gifting or hire of species in Lists of endangered, precious and rare species prioritized protection.

9. Form No.9: Application for grant of confirmation on storage, carriage of species in Lists of endangered, precious and rare species prioritized protection.

10. Form No.10: Confirmation on storage, carriage of species in Lists of endangered, precious and rare species prioritized protection.

11. Form No.11: Application registration of rearing, planting species in Lists of endangered, precious and rare species prioritized protection.

12. Form No.12: License for rearing, planting species in Lists of endangered, precious and rare species prioritized protection.

Form No.1

SOCIALISTS REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION

1. Name of the requesting organization or individual

- Organization: name of organization, address, telephone, number of business registration permit or establishment decision

- Individual:  Full name, permanent residence, telephone, ID card number, day of issue, place of issue

2. Content of request

- Name of species requested (common name and scientific name).

- Reasons of proposals on inclusion of species in or exclusion of species from the list of species prioritized for protection.

- Assessment on extent of satisfying criteria to determine species defined in Article 5, Article 6 of the Decree on criteria to determine species and regime of managing species under lists of endangered, precious and rare species prioritized in protection.

3. Enclosed documents

- Dossier of assessment on actual conditions of species which are proposed on inclusion of species in or exclusion of species from the list of species prioritized for protection.

- Documents of researches, assessments related to the proposed species.

Form No.2

SOCIALISTS REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION FOR GRANT OF LICENSE FOR EXPLOITING SPECIES IN LISTS OF SPECIES PRIORITIZED PROTECTION

Respectfully to: The Ministry……………………………………….

1. Name of individual or organization requesting for license:

- Organization: name of organization, address, telephone, number of business registration permit, date of issue, place of issue or establishment decision

- Individual:  full name, permanent residence, telephone, ID card number, day of issue, place of issue

2. Content of request

- Species requested for exploitation:

+ Common name and scientific name;

+ The exploited kinds:  individuals, parts of body, derivatives…;

+ The exploited quantity: clarifying how many specimens are exploited (for alive animals must clarify quantity of immature, mature and old individuals; male and female individuals); 

- Purpose of exploitation.

3. Locations of exploitation

4. Tentative duration of exploitation

5. Enclosed documents

- Explanation of the exploitation plan.

- Report on assessing actual conditions of population of species requested for exploitation.

- Other documents related to exploitation of species.

Form No.3

SOCIALISTS REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

PLANT TO EXPLOIT SPECIES UNDER LISTS OF SPECIES PRIORITIZED PROTECTION

1. Name of organization or individual making plan of exploitation

- Organization: name of organization, address, telephone, number of business registration permit, date of issue, place of issue or establishment decision

- Individual:  full name, permanent residence, telephone, ID card number, day of issue, place of issue.

2. Content of proposal for exploitation

- Species requested for exploitation:

+ Common name and scientific name;

+ The exploited kinds:  individuals, parts of body, derivatives…;

+ The exploited quantity: clarifying how many specimens are exploited (for alive animals must clarify quantity of immature, mature and old individuals; male and female individuals);

- Purpose of exploitation.

3. Locations of exploitation

3.1. Exploiting from the wild

+ Location of the exploited zone: Clarifying lot, plot, sub-zone for forest and geographic coordinates for other ecology.

+ Boundaries: clearly describing natural boundaries, enclosing diagram, map of the exploited zone at the rate of 1:5,000 or 1:10,000

+ Area of the exploited zone.

+ Actual conditions of the ecology, area of fauna and flora at the exploited zone.

3.2. Exploiting at the biodiversity preservation facilities

 Name of the biodiversity preservation facility.

+ Address of the biodiversity preservation facility.

+ Decision on establishment of the biodiversity preservation facility.

+ Actual conditions of preservation of species at the facility: quantity, scale, situation of individuals of the preserved species.

+ Location and area of the exploited zone.

4. Duration of exploitation: from date…….month……..year ……..to date…….month……..year………

5. The exploitation plan

- Means, instruments for explanation.

- Form of exploitation (hunt, capture, trap, net,…)

- The organization or individuals performing (clarifying name, address, quantity …).

6. Assessment on impacts of exploitation

- Assessment on impacts of exploitation and plan of exploitation for change of population of species after exploiting.

- Assessment on impacts of exploitation and plan of exploitation for natural environment and other species of fauna and flora in the exploited zone.

7. Enclosed documents

Form No.4

REPORT ON ASSESSING ACTUAL CONDITIONS OF POPULATION OF SPECIES PRIORITIZED PROTECTION AND REQUESTED FOR EXPLOITATION

Name of species: (Common name and scientific name)

1. General information

General introduction on species requested for exploitation in Vietnam including:

- Description of ecological characteristics of species, distribution zone;

- Actual conditions of population, the threats to species, and the endangered extent (assessed according to Red Book of Vietnam, IUCN red list);

- The work of management, protection and development of species;

- Researches which have been performed about species and other relevant information.

2. Methods and duration of survey (for content of survey, the applied methods of survey for such contents must be clarified): 

3. Result of surveying species requested for exploitation

3.1. For species from the wild

- To determine size of population, habitat distribution, density/quantity; growth; quantity/rate of migration and immigration; structure of population (quantity of male and female individuals; quantity of old, immature and mature individuals).

- To determine ability of exploitation, breeding season, exploitation season, kinds, time permitted exploit in order to ensure sustainable development.

- Formulating diagram, map of the survey and distribution of species proposed for exploitation at the rate of 1:5,000 or 1:10,000

3.2. For species at the biodiversity preservation facilities

- To determine quantity of individuals (male, female, old, mature, immature), the annual average breeding quantity, rate of survival; forecast of growth of a population.

- Plan on development of species prioritized protection at the biodiversity preservation facility.

- Activities of breeding, rearing, re-release, reproduction of species prioritized protection at the biodiversity preservation facility.

4. Proposals on exploitation plan: Clarifying the means, instruments, form of exploitation apply to each object which is anticipated to be exploited.

5. Conclusion and proposal

6. Annex

7. Reference documents

Form No.5

LICENSE FOR EXPLOITING SPECIES IN LISTS OF SPECIES PRIORITIZED PROTECTION

1. Name and address of organization or individual

- Organization: name of organization, address, telephone, number of business registration permit, date of issue, and place of issue or establishment decision.

- Individual:  full name, permanent residence, telephone, ID card number, day of issue, place of issue.

2. Purpose of exploitation

3. Content of exploitation

- The exploited species (common name and scientific name).

- Quantity, kinds, calculation unit (in numbers and letters).

- Locations of exploitation.

- Duration of exploitation.

- Means and instruments for explanation.

- Form of exploitation (hunt, capture, trap, net,…)

4. This license is valid: from date…….month……..year ……..to date…….month……..year………

Form No.06

CONFIRMATION OF THE EXPLOITED SPECIMEN

1. Name and address of the exploiting organization or individual

- Organization: name of organization, address, telephone, number of business registration permit, date of issue, and place of issue or establishment decision.

- Individual:  full name, permanent residence, telephone, ID card number, day of issue, place of issue.

2. Locations of exploitation

3. Quantity and kinds of the exploited species:

a) For endangered, precious and rare species prioritized protection

b) For endangered, precious and rare plants prioritized protection:

Form No.07

SOCIALISTS REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION FOR GRANT OF LICENSE FOR EXCHANGE, PURCHASE, SALE, GIFTING OR HIRE OF SPECIES PRIORITIZED PROTECTION

Respectfully to:……………………………

1. Name and address of organization or individual

Name and address of the requesting organization or individual

- Organization: name of organization, address, telephone, number of business registration permit, date of issue, and place of issue or establishment decision.

- Individual:  full name, permanent residence, telephone, ID card number, day of issue, place of issue.

1.2. Name and address of the receiving organization or individual:

- Organization: name of organization, address, telephone, number of business registration permit, date of issue, and place of issue or establishment decision.

- Individual:  full name, permanent residence, telephone, ID card number, day of issue, place of issue

2. Content of request

2.1. Purpose

2.2. Form of exchange, purchase, sale, gifting or hire

2.3. Information of specimen

- Scientific name.

- Common name.

- Quantity and kinds

- Detailed descriptions (size, conditions, kinds of specimen…).

2.4. Origin of specimen

3. Time anticipated for exchange, purchase, sale, gifting or hire: from date…….month……..year ……..to date…….month……..year………

4. Enclosed documents

Form No.08

LICENSE FOR EXCHANGE, PURCHASE, SALE, GIFTING OR HIRE OF SPECIES PRIORITIZED PROTECTION

1. Name and address of organization or individual

Name and address of the requesting organization or individual

- Organization: name of organization, address, telephone, number of business registration permit, date of issue, and place of issue or establishment decision.

- Individual:  full name, permanent residence, telephone, ID card number, day of issue, place of issue.

1.2. Name and address of the receiving organization or individual:

- Organization: name of organization, address, telephone, number of business registration permit, date of issue, and place of issue.

- Individual:  full name, permanent residence, telephone, ID card number, day of issue, place of issue.

2. Contents:

2.1. Purpose

2.2. Form of exchange, purchase, sale, gifting or hire

2.3. Information of specimen

- Scientific name.

- Common name.

- Quantity and kinds

- Detailed descriptions (size, conditions, kinds of specimen…).

3. This license is valid from date…….month……..year ……..to date…….month……..year………

Form No.09

SOCIALISTS REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION FOR GRANT OF CONFIRMATION ON STORAGE, CARRIAGE OF SPECIES PRIORITIZED PROTECTION

Respectfully to:……………………………

1. Name and address of organization or individual

Name and address of the requesting organization or individual

- Organization: name of organization, address, telephone, number of business registration permit, date of issue, and place of issue or establishment decision.

- Individual:  full name, permanent residence, telephone, ID card number, day of issue, place of issue.

1.2. Name and address of organization or individual being assigned storage or carriage:

- Organization: name of organization, address, telephone, number of business registration permit, date of issue, and place of issue or establishment decision.

- Individual: full name, permanent residence, telephone, ID card number, day of issue, place of issue.

2. Content of request

2.1. Purpose

2.2. Form of storage or carriage

2.3. Information of specimen

- Scientific name

- Common name

- Quantity and kinds

- Detailed descriptions (size, conditions, kinds of specimen…).

2.4. Origin of specimen

3. The anticipated time of storage or carriage: from date…….month……..year ……..to date…….month……..year………

4. Enclosed documents

Form No.10

CONFIRMATION ON STORAGE, CARRIAGE OF SPECIES PRIORITIZED PROTECTION

1. Name and address of organization or individual:

1.1. Name and address of organization or individual requesting for storage or carriage

- Organization: name of organization, address, telephone, number of business registration permit, date of issue, and place of issue or establishment decision.

- Individual: full name, permanent residence, telephone, ID card number, day of issue, place of issue.

1.2. Name and address of organization or individual conducting the storage or carriage, or being hired to store or transport

- Organization: name of organization, address, telephone, number of business registration permit, date of issue, and place of issue or establishment decision.

- Individual: full name, permanent residence, telephone, ID card number, day of issue, place of issue.

2. Contents:

2.1. Purpose of storage/carriage

2.2. Form of storage or carriage

2.3. Information of specimen being stored or transported:

- Scientific name

- Common name

- Quantity and kinds

- Detailed descriptions (size, conditions, kinds of specimen…).

3. Locations of storage/carriage

3.1. Location of storage (clarifying the area, quantity of the stored specimens, the system of preservation, safety…)

3.2. Locations of carriage (clarifying location of departure, destination, the tentative duration of carriage)

4. Duration of storage or carriage: from date…….month……..year ……..to date…….month……..year………

Form No.11

SOCIALISTS REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION FOR REGISTRATION FOR REARING OR PLANTING SPECIES PRIORITIZED PROTECTION

Respectfully to:……………………………

1. Name of individual or organization requesting for license:

- Organization: name of organization, address, telephone, number of business registration permit, date of issue, and place of issue or establishment decision.

- Individual: full name, permanent residence, telephone, ID card number, day of issue, place of issue.

2. Content of request

- Purpose of rearing, planting

- Actual status of population of species requested for rearing, planting out the wild (quantity of individuals, distribution, habitat,...)

- Species requested for rearing, planting:

3. Location of the facility rearing or planting species at the biodiversity preservation facility

4. Total area for rearing or planting species at the biodiversity preservation facility

5. Duration anticipated for rearing or planting species at the biodiversity preservation facility

6. Enclosed documents

Form No.12

LICENSE FOR REARING AND PLANTING SPECIES PRIORITIZED PROTECTION

1. Name of individual or organization requesting for license:

- Organization: name of organization, address, telephone, number of business registration permit, date of issue, and place of issue or establishment decision.

- Individual: full name, permanent residence, telephone, ID card number, day of issue, place of issue.

2. Content of request

- Purpose of rearing or planting species at the biodiversity preservation facility

- Species which are licensed for rearing and planting:

4. Location of the rearing, planting facility

5. Duration of the license for rearing and planting: It is valid from date…….month……..year ……..to date…….month……..year………

6. Time of report on monitoring conditions of rearing or planting species at the biodiversity preservation facility