CHƯƠNG IV Luật đa dạng sinh học 2008: Bảo tồn và phát triển bền vững các loài sinh vật

Chapter IV

CONSERVATION AND SUSTAINABLE DEVELOPMENT OF SPECIES

Section 1. PROTECTION OF SPECIES ON THE LIST OF ENDANGERED PRECIOUS AND RARE SPECIES PRIORITIZED FOR PROTECTION

Article 37. Species to be included in the list of endangered precious and rare species prioritized for protection

1. Species to be considered for inclusion in the list of endangered precious and rare species prioritized for protection include:

a/ Endangered precious and rare wild fauna and flora species;

b/ Endangered precious and rare crop plant varieties, domestic animal breeds, microorganisms and fungi.

2. The Government shall specify criteria for definition and regulations on management and protection of specifies on the list of endangered precious and rare species prioritized for protection.

Article 38. Proposals on inclusion of species in or exclusion of species from the list of endangered precious and rare species prioritized for protection

1. Pursuant to Article 37 of this Law, the following organizations or individuals may propose a species to be included in or excluded from the list of endangered precious and rare species prioritized for protection:

a/ Organizations or individuals that conduct surveys or researches on species in Vietnam;

b/ Organizations or individuals that are assigned to manage forests, conservation zones, wetlands, sea, and other natural ecosystems;

c/ Societies, associations and other organizations involved in science and technology or environment.

2. Proposals on inclusion of species in or exclusion of species from the list of endangered precious and rare species prioritized for protection must be compiled into dossiers to be submitted to concerned ministries or ministerial-level agencies for examination under Clause 1, Article 39 of this Law.

3. A dossier of proposal on inclusion of a species in or exclusion of a species from the list of endangered precious and rare species prioritized for protection comprises:

a/ Popular name, indigenous name and scientific name of the proposed species;

b/ Areas of distribution, estimated number of individuals, living conditions and current state of permanent or seasonal natural habitats of the proposed species;

c/ Basic characteristics, endemicity and special scientific, medical, economic, ecological, landscape, environmental or cultural and historical values of the proposed species;

d/ Extent of danger of extinction of the proposed species;

e/ Regulations on management and protection, and other particular requirements;

f/ Results of self-assessment and proposal on inclusion in or exclusion from the list of endangered precious and rare species prioritized for protection.

Article 39. Examination of dossiers of proposal on inclusion of species in or exclusion of species from the list of endangered precious and rare species prioritized for protection

1. After receiving valid dossiers of proposal on inclusion of species in or exclusion of species from the list of endangered precious and rare species prioritized for protection, ministries or ministerial-level agencies shall set up councils to examine these dossiers before forwarding them to the Ministry of Natural Resources and Environment for drawing up of the list of endangered precious and rare species prioritized for protection and submission thereof to the Government for decision.

2. The Government shall specify the order of and procedures for examination of dossiers of proposal on inclusion of species in or exclusion of species from the list of endangered precious and rare species prioritized for protection.

Article 40. Decision on specifies to be included in or excluded from the list of endangered precious and rare species prioritized for protection

1. The Government shall issue a decision on a species to be included in or excluded from the list of endangered precious and rare species prioritized for protection, with the following principal contents:

a/ Name of the species;

b/ Basic characteristics of the species;

c/ Regulations on management and protection particularly applicable to the species.

2. The list of endangered precious and rare species prioritized for protection must be publicized on the mass media.

3. Every three years or when necessary, the populations of species on the list of endangered precious and rare species prioritized for protection must be surveyed and assessed for modification of the list.

Article 41. Conservation of species on the list of endangered precious and rare species prioritized for protection

1. Areas where exist permanent or seasonal natural habitats of species on the list of endangered precious and rare species prioritized for protection specified at Point a. Clause 1, Article 37 of this Law must be surveyed and assessed in order to formulate conservation zone establishment projects.

2. The State establishes or authorizes organizations or individuals to establish biodiversity conservation facilities to conserve species on the list of endangered precious and rare species prioritized for protection.

3. The introduction of species on the list of endangered precious and rare species prioritized for protection into biodiversity conservation facilities for rearing or planting and the release of those species from rescue centers into their natural habitats are subject to written approval of competent state agencies.

4. The Government shall specify the competence, order of and procedures for the introduction of species on the list of endangered precious and rare species prioritized for protection into biodiversity conservation facilities or for the release thereof into their natural habitats.

Section 2. SUSTAINABLE DEVELOPMENT OF SPECIES

Article 42. Establishment of biodiversity conservation facilities

1. Biodiversity conservation facilities are established for conserving biodiversity, conducting scientific research and organizing ecotourism, and include:

a/ Facilities rearing or planting species on the list of endangered precious and rare species prioritized for protection;

b/ Wildlife rescue centers;

c/ Facilities storing endemic, endangered precious and rare crop plant varieties, domestic animal breeds, microorganisms and fungi which have special scientific, medical, economic, ecological, landscape, environmental or cultural and historical values; and facilities storing and preserving genetic resources and genetic specimens.

2. Facilities fully satisfying the following conditions will be granted biodiversity conservation facility certificates:

a/ Having adequate land areas, cages and physical foundations meeting requirements for rearing, planting or breeding species on the list of endangered precious and rare species prioritized for protection; wildlife rescue; or storing and preserving genetic resources and genetic specimens:

b/ Having technicians with appropriate professional qualifications;

c/ Being financially and managerially capable.

3. A dossier of registration for establishment of a biodiversity conservation facility comprises:

a/ An application for establishment of a biodiversity conservation facility;

b/ The establishment project;

c/ Documents proving the satisfaction of the conditions specified in Clause 2 of this Article.

4. Provincial-level People’s Committees shall grant biodiversity conservation facility certificates.

5. The Government shall specify the conditions for rearing or planting species on the list of endangered precious and rare species prioritized for protection; rescuing wildlife; preserving endemic crop plant varieties, domestic animal breeds, microorganisms and fungi; storing and preserving genetic resources and genetic specimens: registering for establishment of biodiversity conservation facilities, and granting and revoking biodiversity conservation facility certificates.

Article 43. Rights and obligations of organizations and individuals managing biodiversity conservation facilities

1. Organizations and individuals that manage biodiversity conservation facilities have the following rights:

a/ To enjoy incentive policies and mechanisms and supports of the State as prescribed by law;

b/ To receive assistance projects from domestic or foreign organizations and individuals and implementing them;

c/ To enjoy profits from tourist activities and other activities of their biodiversity conservation facilities according to law;

d/ To enter into contracts on access to, and sharing of benefits from, genetic resources under their management;

e/ To rear, plant, breed and rescue species on the list of endangered precious and rare species prioritized for protection; to store endemic crop plant varieties, domestic animal breeds, microorganisms and fungi; and to store and preserve genetic resources and genetic specimens;

f/ To exchange or donate species on the list of endangered precious and rare species prioritized for protection for the purpose of biodiversity conservation, scientific research or ecotourism according to law;

g/ To have other rights as prescribed by law.

2. Organizations and individuals that manage biodiversity conservation facilities have the following obligations:

a/ To protect, nurture and take care of species on the list of endangered precious and rare species prioritized for protection: to store and preserve genetic resources and genetic specimens:

b/ To register and declare origin of species on the list of endangered precious and rare species prioritized for protection to specialized agencies of provincial-level People’s Committees;

c/ To devise measures to prevent epidemics and adopt regimes of nurturing species in their facilities and treating their diseases;

d/ In December every year, to report to provincial-level People’s Committees on the situation of species on the list of endangered precious and rare species prioritized for protection in their facilities;

e/ To ask for permission of competent slate agencies specified in Clause 4, Article 41 of this Law for introducing species on the list of endangered precious and rare species prioritized for protection into their biodiversity conservation facilities for rearing or planting or for releasing species on the list of endangered precious and rare species prioritized for protection from their rescue centers into these species’ natural habitats;

f/ To have other obligations as prescribed by law.

Article 44. Wild species banned from exploitation and wild species permitted for conditional exploitation in nature

1. The conditional exploitation of wild species in nature must comply with the law on forest protection and development, the law on fisheries and other relevant laws.

2. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, specifying the protection of wild species banned from exploitation in nature and the exploitation of wild species permitted for conditional exploitation in nature; and periodically publicizing the list of wild species banned from exploitation in nature and the list of wild species permitted for conditional exploitation in nature.

Article 45. Rearing or planting of species on the list of endangered precious and rare species prioritized for protection

1. Species on the list of endangered precious and rare species prioritized for protection may be reared or planted in biodiversity conservation facilities for the purpose of biodiversity conservation, scientific research or ecotourism under this Law.

2. The rearing, growing and artificial planting or culture of a number of species on the list of endangered precious or rare species prioritized for protection in rearing, growing and artificial planting or culture facilities for commercial purposes must comply with law.

Article 46. Exchange, export, import, purchase, sale, donation, storage and transportation of species on the list of endangered precious and rare species prioritized for protection and their genetic specimens and products

The exchange, export, import, purchase, sale, donation, storage and transportation of species on the list of endangered precious and rare species prioritized for protection and their genetic specimens for the purpose of biodiversity conservation, scientific research or ecotourism: the exchange, export, import, purchase, sale, donation and transportation of a number of species on the list of endangered precious and rare species prioritized for protection and their products for commercial purposes comply with the Government’s specific regulations.

Article 47. Rescue of species on the list of endangered precious and rare species prioritized for protection

1. Individuals of species on the list of endangered precious and rare species prioritized for protection which lose their natural habitats, stray or are injured or diseased must be brought into rescue centers for treatment, nurture, care and eventual release into their natural habitats.

2. Organizations and individuals that discover individuals of species on the list of endangered precious and rare species prioritized for protection which lose their natural habitats, stray or are injured or diseased shall immediately inform the nearest commune-level Peoples Committee or rescue centers thereof. Upon receiving such information, the commune-level People’s Committee shall promptly report it to the specialized agency of the provincial-level People’s Committee or the nearest rescue center.

3. After being rescued and fully recovering their health, individuals of species on the list of endangered precious and rare species prioritized for protection may be considered for release into their natural habitats. Individuals of species on the list of endangered precious and rare species prioritized for protection which have lost their natural habitats shall be considered for introduction into appropriate biodiversity conservation facilities for rearing or planting.

4. The Government shall specify the rescue of species on the list of endangered precious and rare species prioritized for protection.

Article 48. Protection of endemic or valuable crop plant varieties and domestic animal breeds in danger of extinction

1. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, organizing surveys and assessments of endemic or valuable crop plant varieties and domestic animal breeds which are in danger of extinction, and proposing them to be included in the list of endangered precious and rare species prioritized for protection.

2. Access to genetic resources of endemic or valuable crop plant varieties and domestic animal breeds which are in danger of extinction must comply with the provisions of Sections 1 and 2, Chapter V of this Law and other relevant laws.

Article 49. Protection for endemic or valuable microorganisms and fungi in danger of extinction

1. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with concerned ministries and ministerial-level agencies in, organizing surveys, assessments, collection and preservation of endemic or valuable microorganisms and fungi which are in danger of extinction, and proposing to include them in the list of endangered precious and rare species prioritized for protection.

2. Access to genetic resources of endemic or valuable microorganisms and fungi which are in danger of extinction must comply with the provisions of Sections 1 and 2. Chapter V of this Law and other relevant laws.

Section 3. CONTROL OF INVASIVE ALIEN STECIES

Article 50. Survey and listing of invasive alien species

1. Invasive alien species include known invasive alien species and potential invasive alien species.

2. Provincial-level People’s Committees shall organize surveys for drawing up lists of invasive alien species in their localities and report them to the Ministry of Natural Resources and Environment and the Ministry of Agriculture and Rural Development.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development, other ministries and ministerial-level agencies and provincial-level People’s Committees in, conducting surveys and identifying invasive alien species, examining and promulgating a list of invasive alien species.

Article 51. Control of import of invasive alien species and invasion of alien species

1. Customs offices shall assume the prime responsibility for, and coordinate with competent authorities at border gates in, inspecting, detecting and handling violations in importing species on the list of invasive alien species.

2. Provincial-level People’s Committees shall coordinate with competent agencies in organizing the inspection and assessment of the potential invasion of alien species before devising measures to prevent and control invasive alien species.

Article 52. Control of the rearing or planting of potential invasive alien species

1.The rearing or planting of potential invasive alien species may be conducted only when tests of these alien species show that they are not harmful to biodiversity and it is permitted by provincial-level People’s Committees.

2. The rearing or planting and development of alien species in conservation zones may be conducted only when tests of these alien species show that they are not harmful to biodiversity of these zones and it is permitted by provincial-level People’s Committees.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development, other concerned ministries and ministerial-level agencies in. issuing regulations on tests of alien species and the grant of permits for rearing or planting and development of alien species.

Article 53. Control of the spread and development of invasive alien species

1. The State invests and encourages organizations and individuals to invest in implementing programs to isolate and eradicate invasive alien species.

2. Provincial-level People’s Committees shall organize surveys to identify areas of distribution of species on the lists of invasive alien species in their localities, and work out plans to isolate and eradicate these species.

3. Organizations and individuals that discover invasive alien species shall immediately inform the nearest commune-level People’s Committee thereof. After receiving such information, the commune-level People’s Committee shall promptly report it to immediate superior authorities or the specialized agency of the provincial-level People’s Committee for application of control measures.

Article 54. Publicization of information on invasive alien species

1. The Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development and provincial-level People’s Committees shall post the list of invasive alien species and information on their areas of distribution and levels of invasion on their websites.

2. Border-gate customs offices and competent authorities shall post up the list of invasive alien species at their border gates.

3. Mass media agencies shall disseminate information on invasive alien species and measures to control, isolate and eradiate these species.