Chương 3 Nghị định 22/2012/NĐ-CP: Chế độ quản lý loài thuộc danh mục loài nguy cấp, quý, hiếm được ưu tiên bảo vệ

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.