Chương 4 Nghị định 22/2012/NĐ-CP: Tổ chức thực hiện

Chapter 4.

ORGANIZATION OF IMPLEMENTATION

Article 17. Financial resources for preservation and development of species under lists of species prioritized protection

1. Funding for preservation of species prioritized protection is used from sources:

a) State budget;

b) Investment, support of domestic and foreign organizations and individuals;

c) To collect from environment service involving biodiversity and other sources as prescribed by law.

2. State budget for preservation and development of species prioritized protection is used for the following purposes:

a) Basic survey; periodical survey; survey at request of management; observation; statistic; report;

b) Building, maintenance and development of the database and making report on species under Lists of species prioritized protection;

c) Investment in material facilities, techniques, upgrading, renovation of the biodiversity preservation establishments of State;

d) To make and appraise dossier of proposals on inclusion of species in or exclusion of species from the list of species prioritized for protection;

dd) To perform programs, projects of preservation of species under lists of species prioritized protection;

e) Propagation, education on law, raising awareness on preservation and development of species prioritized protection;

g) Support for organizations and individuals legally rearing, planting or storing species prioritized protection;

h) To rescue, verify specimens and perform plans of handling material evidences, wild animals died in course of rescue; release wild animals under lists of species prioritized protection back the suitable natural habitat.

Article 18. Responsibilities of Ministries and the provincial People’s Committee in state management over species under lists of species prioritized protection

1. The Ministry of Natural Resources and Environment shall:

a) To promulgate under its competence the guiding documents and organize implementation of provisions of this Decree;

b) To inspect, examine implementation of legislation in management and protection of species prioritized protection;

c) To conduct international cooperation about preservation and development of species prioritized protection;

d) To organize survey, assess, appraise dossiers of wild Fauna and Flora species under Lists of species prioritized protection; to sum up, submit to the Prime Minister for consideration and decision  on inclusion of species in or exclusion of species from the list;

dd) To build the database on species prioritized protection, programs on preservation of wild Fauna and Flora species under lists of species prioritized protection; announce results of survey, assessment on actual status of wild Fauna and Flora species prioritized protection on website of the Ministry of Natural Resources and Environment;

e) To provide for organization and operation of the appraisal Council for exploitation license of wild Fauna and Flora species under lists of species prioritized protection.

2. The Ministry of Agriculture and Rural Development shall:

a) To promulgate under its competence the guiding documents and organize implementation in accordance with provisions of this Decree;

b) To survey, assess, appraise dossiers of plan varieties, animal breeds, microorganisms and fungi under Lists of species prioritized protection; to propose on inclusion of species in or exclusion of species from the list of species prioritized for protection;

c) To formulate program on preservation of plant varieties, animal breeds, microorganisms and fungi under lists of species prioritized protection.

3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in providing for charge level, management and use of charge for appraisal of dossiers of requesting for license for exploitation, exchange, purchase and sale, gifting, or hire of species under lists of species prioritized protection; guiding expenditure level for activities of rescue, verifying dead specimens during rescue.   

4. Other Ministries and sectors shall, in their functions, tasks and powers, implement provisions of this Decree.

5. The provincial People’s Committees shall guide and organize implementation of provisions of this Decree;

Article 19. Effect

1. This Decree takes effect on January 01, 2014.

2. This Decree replaces contents of criteria to determine the endangered, precious and rare species prioritized protection, regime of management and protection of species prioritized protection; order of and procedures for appraising dossiers of proposals on inclusion of species in or exclusion of species from the list of species prioritized for protection; competence and process of putting species prioritized protection into the biodiversity preservation facilities and release of them to their natural habitats; conditions for rearing, planting, rescue and preserving genetic source and specimen of species prioritized protection specified in Article 12, Article 13, Article 14, Article 15 and Article 16 of the Government's Decree No. 65/2010/ND-CP dated June 11, 2010, detailing and guiding implementation of a number of Articles of Law on biodiversity.

3. The regime of management for species under Lists of endangered, precious and rare forest animals and plants promulgated together with the Government’s Decree No.  32/2006/ND-CP dated March 30, 2006, on managing endangered, precious and rare forest animals and plants determined as species prioritized protection shall apply provisions in this Decree.

4. Ministries, Heads of ministerial-level agencies, Heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decree.