Thông tư 16/2022/TT-BYT loài chủng loại dược liệu quý hiếm đặc hữu phải kiểm soát

CIRCULAR

ON ISSUANCE OF THE LIST OF PRECIOUS, RARE AND ENDEMIC MEDICINAL PLANT SPECIES AND VARIETIES UNDER CONTROL

Pursuant to the Law on Pharmacy No. 105/2016-QH13 dated April 6, 2016;

Pursuant to the Government's Decree No. 54/2017/ND-CP dated May 8, 2017 on elaboration of certain articles and measures to implement the Law on Pharmacy;

Pursuant to the Government's Decree No. 06/2019/ND-CP dated January 22, 2019 on management of endangered, rare and precious species of forest fauna and flora and observation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the Government's Decree No. 84/2021/ND-CP dated September 22, 2021 on amendments to the Government's Decree No. 06/2019/ND-CP dated January 22, 2019 on management of endangered, rare and precious species of forest fauna and flora and observation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

Pursuant to Decree No. 95/2022/ND-CP dated November 15, 2022 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the request of the Director of the Traditional Medicine Administration of Vietnam;

The Minister of Health promulgates a Circular on issuance of the list of precious, rare and endemic medicinal plant species under control.

Article 1. Scope and regulated entities

1. This Circular prescribes the principles of formulation, selection criteria, the management and promulgation of the List of precious, rare and endemic medicinal plant species and varieties under control (hereinafter referred to as the List).

2. This Circular applies to agencies, organizations and individuals involved in the export of medicinal plants in the List promulgated hereto.

Article 2. Interpretation of terms

1. “Precious and rare medicinal plant species and varieties” are medicinal plants of special value in terms of science, health, economy, ecology, landscape, environment or culture - history but the quantity is small or is threatened with extinction.

2. “Endemic medicinal plant species and varieties” are medicinal plants that only exist and grow within a narrow distribution range and are limited to a certain territory of Vietnam, but have not been recorded as being found elsewhere in the world.

Article 3. Principles of formulation and criteria for adding or removing medicinal plants to or from the List

1. Principles of Listing

a) Ensure the goal of protecting precious, rare and endemic medicinal plants in nature;

b) Ensure the scientific basis and conform to the provisions of law on management of endangered, precious and rare forest plants and animals;

c) Consistent with the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

2. Criteria for adding or removing medicinal plants to or from the List

a) Medicinal plants selected for adding to the List are medicinal plants on the list of endangered, precious and rare forest plants and animals promulgated together with the Government's Decree No. 06/2019/ND-CP dated January 22, 2019 on management of endangered, rare and precious species of forest fauna and flora and observation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the Government's Decree No. 84/2021/ND-CP dated September 22, 2021 on amendments to the Government's Decree No. 06/2019/ND-CP dated January 22, 2019 on management of endangered, rare and precious species of forest fauna and flora and observation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

b) Meeting practical requirements and requirements of state management of medicinal plants in the current period.

3. Criteria for removing medicinal plants from the List

Medicinal plants that do not meet the criteria specified in Clause 2 of this Article will be considered being removed from the List.

Article 4. Regulations on how to write names of medicinal plants in the List

Medicinal plants in the List are arranged alphabetically in Vietnamese, the List consists of 5 columns as follows:

(1) Column No. 1 shows the ordinal number;

(2) Column No. 2 shows the names of species and varieties of medicinal plants; the name of the medicinal plant is written according to the name in the Vietnamese Pharmacopoeia or the common name of the medicinal plant;

(3) Column 3 shows the name of the part used as medicine;

(4) Column 4 shows the scientific name of the medicinal plant/animal.

(5) Column 5 shows HS Code.

Article 5. The list of precious, rare and endemic medicinal plant species under control

The list of precious, rare and endemic medicinal plant species under control is specified in the Appendix issued together with this Circular.

Article 6. Management of medicinal plants on the List

1. Agencies, organizations and individuals shall apply the List promulgated in this Circular and legal documents on access to genetic resources in order to obtain export licenses in accordance with the provisions of Decree No. 54/2017/ND-CP of the Government dated May 8, 2017 CP on elaboration of certain articles and measures to implement the Law on Pharmacy; are not allowed to export wild-collected medicinal plants on the List promulgated together with this Circular.

2. In case of exporting medicinal plants on the List promulgated in this Circular for non-commercial purposes, the provisions of the law on access to genetic resources and biodiversity shall prevail.

Article 7. Implementation

The Ministry of Health (Traditional Medicine Administration of Vietnam) is responsible for:

1. Guiding and coordinating with relevant units in disseminating and implementing this Circular.

2. Update and adjust the list of precious, rare and endemic medicinal plant species and varieties under control based on the principles and criteria specified in this Circular

Article 8. Terms of reference

In case the documents referenced in this Circular are amended or replaced, the provisions of the new document shall prevail.

Article 9. Terms of implementation

1. This Circular comes into force as of February 18, 2023.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Health (Traditional Medicine Administration of Vietnam) for consideration./.

LIST

OF PRECIOUS, RARE AND ENDEMIC MEDICINAL PLANT SPECIES AND VARIETIES UNDER CONTROL
(Issued together with Circular No. 16/TT-BYT dated December 30, 2022 of the Minister of Health)