CHƯƠNG I Luật đa dạng sinh học 2008: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Law provides for the conservation and sustainable development of biodiversity; rights and obligations of organizations, households and individuals in the conservation and sustainable development of biodiversity.

Article 2. Subjects of application

This Law applies to organizations, households and individuals in the country, overseas Vietnamese, foreign organizations and individuals carrying out activities of or related to the conservation and sustainable development of biodiversity in Vietnam.

Article 3. Interpretation of terms

In this Law. the terms below are interpreted as follows:

1. Conservation of biodiversity means the protection of the abundance of natural ecosystems which are important, specific or representative; the protection of permanent or seasonal habitats of wild species, environmental landscape and the unique beauty of nature: the rearing, planting and care of species on the list of endangered precious and rare species prioritized for protection; and the long-term preservation and storage of genetic specimens.

2. In-situ conservation means the conservation of wild species in their natural habitats; the conservation of valuable and endemic crop plants and domestic animals in the environment where they live and form and develop their typical characteristics.

3. Ex-situ conservation means the conservation of wild species outside their permanent or seasonal natural habitats: the conservation of valuable and endemic crop plants and domestic animals outside the environment where they live and form and develop their typical characteristics: the preservation and storage of genetic resources and genetic specimens in scientific and technological institutions or facilities that store and preserve genetic resources and genetic specimens.

4. Biodiversity conservation facility means an establishment that takes care of, brings up, rescues and propagates wild species, crop plants, domestic animals, microorganisms and fungi that are valuable and endemic; stores and preserves genetic resources and genetic specimens for biodiversity conservation and development purposes.

5. Biodiversity means the abundance of genes, organisms and ecosystems in the nature.

6. Assessment of risks posed to biodiversity by genetically modified organisms or genetic specimens of genetically modified organisms means the determination of the latent harmfulness and damage level that may occur in activities related to genetically modified organisms or genetic specimens of genetically modified organisms, especially the use and release of genetically modified organisms or genetic specimens of genetically modified organisms.

7. Gene means a unit of heredity or a segment of genetic material that defines specific characteristics of an organism.

8. Biodiversity corridor means an area connecting natural ecological regions in which organisms living in these regions can interact

9. Ecosystem means a community of organisms and non-living elements interacting and metabolizing as a functional unit in a certain geographical area.

10. Natural ecosystem means an ecosystem that forms and develops in line with natural rules while still retaining its wild features.

11. New natural ecosystem means an ecosystem that newly forms and develops on alluvial grounds at coastal river mouths, warps and other areas.

12. Nature conservation zone (below referred to as conservation zone) means a geographical area that has fixed boundaries and functional sections for biodiversity conservation.

13. Wild species means species of animals, plants, microorganisms and fungi that live and grow in line with natural rules.

14. Species in danger of extinction means a species that faces the danger of decline of all of its individuals.

15. Extinct species in the nature means a species that exists only in a man-made rearing or growing conditions outside the scope of their natural distribution.

16. Endemic species means a species that exists and grows only within a narrow scope of distribution restricted to a certain territorial area in Vietnam and its existence is not identified elsewhere in the world.

17. Migratory species means a species of animal that has the whole or a part of its population emigrate regularly, periodically or seasonally from a geographical place to another one.

18. Alien species means a species that appears and grows in an area that is not its natural habitat.

19. Invasive alien species means an alien species that invades the habitat of or causes harms to indigenous species, causing ecological imbalance in the area where it appears and grows.

20. Endangered precious and rare species prioritized for protection means wild species, crop plants or domestic animals, microorganisms or fungi which arc endemic and of special scientific, medical, economic, ecological, scenic, environmental or cultural-historical value, exist in few numbers or are in danger of extinction.

21. Genetic specimen means any specimen of plant, animal, microorganism or fungus that possesses functional units of heredity which can regenerate.

22. Genetic resource includes all species and genetic specimens in nature, conservation zones, biodiversity conservation facilities and scientific research and technological development institutions and in nature.

23. Sustainable development of biodiversity means the rational exploitation and use of natural ecosystems, development of genetic resources and species and assurance of ecological balance in service of socio-economic development.

24. Release of genetically modified organisms means the intentional introduction of genetically modified organisms into a natural habitat.

25. Risk management means the taking of safety measures to prevent, handle and remedy risks to biodiversity in activities related to genetically modified organisms and genetic specimens of genetically modified organisms.

26. Population means a group of individuals of the same species living and growing within a certain area.

27. Genetically modified organism means an organism whose genetic structure has been modified by the gene transfer technology.

28. Traditional knowledge of genetic resources means knowledge, experience and initiatives of native people on the conservation and use of genetic resources.

29. Access to genetic resources means activities of investigating and collecting genetic resources for research and development and production of commercial products.

30. Buffer zone means the area surrounding and adjacent to a conservation zone, having the function of preventing and reducing negative impacts from outside on the conservation zone.

Article 4. Principles for the conservation and sustainable development of biodiversity

1. Conserving biodiversity is the duty of the State and all organizations and individuals.

2. Harmoniously combining conservation with rational exploitation and use of biodiversity; and conservation and rational exploitation and use of biodiversity with hunger eradication and poverty alleviation.

3. Regarding in-situ conservation as a keystone measure, combining in-situ conservation with ex-situ conservation

4. Organizations and individuals that benefit from biodiversity exploitation and use shall share their benefits with concerned parties: ensuring harmony between the interests of the State, organizations and individuals.

5. Ensuring management of risks caused to biodiversity by genetically modified organisms and specimens of genetically modified organisms.

Article 5. State policies on the conservation and sustainable development of biodiversity

1. Giving priority to the conservation of natural ecosystems which are important, specific or representative for an ecological region and the conservation of species on the list of endangered precious and rare species prioritized for protection; ensuring control of access to genetic resources.

2. Ensuring funds for basic survey, observation, inventory and building of databases on biodiversity and planning of biodiversity conservation; investing material- technical foundations for conservation zones and biodiversity conservation facilities set up by the State; and ensuring local people’s participation in the process of formulating and implementing biodiversity conservation plannings.

3. Encouraging organizations and individuals to invest in and apply scientific and technological advances and traditional knowledge to the conservation and sustainable development of biodiversity, and guaranteeing their lawful rights and interests.

4. Developing ecotourism in association with hunger eradication and poverty alleviation, ensuring stable livelihood for households and individuals lawfully living in conservation zones; sustainably developing buffer zones of conservation zones.

5. Promoting domestic and foreign resources for the conservation and sustainable development of biodiversity.

Article 6. Slate management responsibilities for biodiversity

1. The Government performs the unified state management of biodiversity.

2. The Ministry of Natural Resources and Environment shall take responsibility to the Government for performing the state management of biodiversity.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, perform the state management of biodiversity as assigned by the Government.

4. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of biodiversity as decentralized by the Government.

Article 7. Prohibited acts related to biodiversity

1. Hunting, fishing and exploiting wild species in strictly protected sections of conservation zones, except for scientific research purposes; encroaching upon land, destroying landscape, deteriorating ecosystems and rearing or planting invasive alien species in conservation zones.

2. Building structures or houses in strictly protected sections of conservation zones, except works for defense and security purposes; illegally building works and houses in ecological restoration sections of conservation zones.

3. Investigating, surveying, exploring and exploiting minerals; raising cattle and poultry on a farm scale, conducting aquaculture on an industrial scale; illegally living and polluting the environment in strictly protected sections and ecological restoration sections of conservation zones.

4. Hunting, fishing, exploiting bodily parts of, illegally killing, consuming, transporting, purchasing and selling species on the list of endangered precious and rare species prioritized for protection; illegally advertising, marketing and consuming products originated from species on the list of endangered precious and rare species prioritized for protection.

5. Illegally rearing or growing and planting or culturing wild fauna and flora species on the list of endangered precious and rare species prioritized for protection.

6. Illegally importing or releasing genetically modified organisms and genetic specimens of genetically modified species.

7. Importing and developing invasive alien species.

8. Illegally accessing genetic resources of species on the list of endangered precious and rare species prioritized for protection.

9. Illegally changing use purposes of land in conservation zones.