CHƯƠNG VII Luật đa dạng sinh học 2008: Cơ chế, nguồn lực bảo tồn và phát triển bền vững đa dạng sinh học

Chapter VII

MECHANISMS AND RESOURCES FOR BIODIVERSITY CONSERVATION AND SUSTAINABLE DEVELOPMENT

Article 71. Basic surveys, scientific research and management of information and data on biodiversity

1. The State invests in basic surveys on natural ecosystems, wild species, crop plant varieties, domestic animal breeds, microorganisms, fungi and genetic resources that are valuable in service of biodiversity conservation and sustainable development.

2. The State invests in and encourages organizations and individuals to invest in scientific research in service of biodiversity conservation and sustainable development and socio-economic development.

3. Basic survey information and data and scientific research outcomes on biodiversity shall be collected and uniformly managed in the national database on biodiversity.

4. Organizations and individuals engaged in biodiversity-related activities shall supply basic survey information and data and scientific research outcomes at the request of the Ministry of Natural Resources and Environment and may share biodiversity information in accordance with law.

5. The Ministry of Natural Resources and Environment shall specify basic survey activities and the supply, exchange and management of biodiversity information; and uniformly manage the national database on biodiversity.

Article 72. Biodiversity reports

1. Biodiversity report is part of the national environmental report.

2. A biodiversity report must contain the following principal details:

a/ The current status and change of major natural ecosystems;

b/ The current status, distribution region, estimated number of individuals and characteristics of species on the list of endangered precious and rare species prioritized for protection, genetically modified organisms and invasive alien species;

c/ Practical situation of biodiversity conservation; pressures on and challenges to biodiversity:

d/ Requirements for biodiversity;

e/ Evaluation of socio-economic development benefits from biodiversity conservation and sustainable development;

f/ Biodiversity conservation solutions and plans.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with concerned ministries and ministerial-level agencies in, elaborating biodiversity reports.

Article 73. Finances for biodiversity conservation and sustainable development

1. Funds for biodiversity conservation and sustainable development come from the following sources:

a/ The state budget;

b/ Investments and contributions of domestic and foreign organizations and individuals;

c/ Proceeds from environmental services related to biodiversity and other sources in accordance with law.

2. Development investment funds allocated from the state budget for biodiversity conservation and sustainable development shall be used for the following purposes:

a/ Conducting basic surveys on biodiversity;

b/ Restoring natural ecosystems;

c/ Conserving species on the list of endangered precious and rare species prioritized for protection;

d/ Investing in the construction, upgrading and renovation of state-owned biodiversity conservation facilities;

e/ Implementing programs on control, isolation and extermination of invasive alien species;

f/ Making other investments related to biodiversity conservation and sustainable development in accordance with law.

3. Regular funds allocated from the state budget for biodiversity conservation and sustainable development shall be used for the following purposes:

a/ Conducting observation, inventory and management of biodiversity information and data; building databases on biodiversity:

b/ Elaborating reports on the current status of biodiversity and reports on the current situation of conservation zones; formulating and evaluating biodiversity conservation plannings, programs and projects;

c/ Making and appraising a list of endangered precious and rare species prioritized for protection, a list of invasive alien species, a list of wild species banned from exploitation from the nature, a list of wild species subject to conditional exploitation from the nature, a list of genetic resources banned from export; and conducting population survey and assessment in order to amend or supplement the list of endangered precious and rare species prioritized for protection;

d/ Managing conservation zones and state-owned biodiversity conservation facilities;

e/ Developing and testing biodiversity conservation and sustainable development models;

f/ Conducting law propagation and education and raising public awareness about biodiversity conservation and sustainable development;

g/Conducting training and re-training to raise professional qualifications on biodiversity;

h/ Undertaking international cooperation on biodiversity conservation and sustainable development.

Article 74. Environmental services related to biodiversity

1. Organizations and individuals using environmental services related to biodiversity shall pay charges to service providers.

2. The Government shall specify environmental services related to biodiversity.

Article 75. Compensation for damage to biodiversity

1. Organizations or individuals that infringe upon conservation zones or biodiversity conservation facilities, endemic and valuable crop plant varieties, domestic animal breeds, microorganisms and fungi, species on the list of endangered precious and rare species prioritized for protection or biodiversity corridors shall pay damages in accordance with law.

2. Damage caused to biodiversity due to environmental pollution or degradation shall be compensated in accordance with law.

3. Biodiversity-related damages paid to the State shall be reinvested in biodiversity conservation and sustainable development under this Law and other relevant laws.