Chương 2 Nghị định 22/2012/NĐ-CP: Tiêu chí xác định loài thuộc danh mục loài nguy cấp, quý, hiếm được ưu tiên bảo vệ

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.