Thông tư 25/2016/TT-BTNMT hướng dẫn mẫu đơn đăng ký, giấy chứng nhận cơ sở bảo tồn đa dạng sinh học và mẫu báo cáo tình trạng bảo tồn loài thuộc Danh mục loài nguy cấp, quý, hiếm được ưu tiên bảo vệ của cơ sở bảo tồn đa dạng sinh học do Bộ trưởng Bộ Tài nguyên và Môi trường ban hành

CIRCULAR

PROVIDIING GUIDELINES FOR MODEL APPLICATION AND CERTIFICATE OF BIODIVERSITY CONSERVATION CENTER, MODEL REPORT ON CONSERVATION OF ENDANGERED, RARE, PRECIOUS SPECIES PRIORITIZED FOR PROTECTION OF BIODIVERSITY CONSERVATION CENTER

Pursuant to Law on Biodiversity dated 2008;

Pursuant to Decree No. 65/2010/ND-CP dated June 11, 2010 of the Government on elaborating to Law on Biodiversity;

Pursuant to Decree No. 160/2013/ND-CP dated November 12, 2013 of the Government on criteria for determining species and management of species under list of endangered, rare, precious species prioritized for protection;

Pursuant to Decree No. 21/2013/ND-CP dated March 4, 2013 of the Government on functions, tasks, powers, and organizational structure of Ministry of Natural Resources and Environment;

At request of Director General of Vietnam Environment Administration and Director of Department of Legal Affairs;

Minister of Natural Resources and Environment promulgates Circular providing guidelines for model application and certificate of biodiversity conservation center, model report on conservation of endangered, rare, precious species prioritized for protection of biodiversity conservation center. 

Article 1. Scope

This Circular elaborates Point d Clause 2 Article 43 of Law on Biodiversity; Clause 6 Article 17 of Decree No. 65/2010/ND-CP dated June 11, 2010 of the Government on elaborating to Law on Biodiversity;

Article 2. Regulated entities

This Circular applies to domestic organizations and individuals; overseas Vietnamese; foreign organizations and individuals engaged in activities related to biodiversity conservation in Vietnam.

Article 3. Model application and certificate of biodiversity conservation center

1. Model application for establishment and certification of biodiversity conservation center is specified under Annex 1 attached hereto.

2. Model project for establishment of biodiversity conservation center is specified under Annex 2 attached hereto.

3. Model certificate of biodiversity conservation center is specified under Annex 3 attached hereto.

Article 4. Report on conservation of species under list of endangered, rare, precious species prioritized for protection off biodiversity conservation center

Biodiversity conservation centers shall submit reports on conservation of species under list of endangered, rare, precious species prioritized for protection according to Annex 4 attached hereto to People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees”).

Article 5. Implementation clause

1. This Circular comes into force from November 8, 2016.

2. Vietnam Environment Administration is responsible for providing guidelines and inspecting implementation of this Circular.

3. Provincial People’s Committees and relevant organizations, individuals are responsible for implementation of this Circular.

4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Natural Resources and Environment for consideration./.

ANNEX 1

FORM OF APPLICATION FOR ESTABLISHMENT AND CERTIFICATION OF BIODIVERSITY CONSERVATION CENTER
(Attached to Circular No. 25/2016/TT-BTNMT dated September 22, 2016 of Minister of Natural Resources and Environment)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------

 (Location and date)

APPLICATION FOR ESTABLISHMENT AND CERTIFICATION OF BIODIVERSITY CONSERVATION CENTER

To:...........................(1)

Applicant for establishment, certification:

Representative of applicant:

Title:

Address:

Phone:                                                             Fax:

E-mail:

Hereby request People’s Committee of …………. Province/City to consider and issue certificate of biodiversity conservation center with the following details:

1. Name of biodiversity conservation center applying for issuance of certificate:

Name of the center in Vietnamese:

Name of the center in  English:

Abbreviation/acronym:

2. Location and scale of biodiversity conservation center

- Description of geographical location and scale of the center together with map(s) detailing geographical location and scale of biodiversity conservation center (develop maps using VN 2000 reference coordinate system).

- Location of biodiversity conservation center: Ward (Commune), District (Townlet), Province (Town).

- Area of conservation center (m²).

3. Model of biodiversity conservation center

Tick (X) in the box to choose model of biodiversity conservation center applying for establishment. Applicant may choose one or multiple models depending on satisfaction to criteria for establishment.

□ Facility for cultivating, culturing species under list of endangered, rare, precious species prioritized for protection;

□ Facility for rescuing wild species;

□ Facility for storing plant cultivars;

□ Facility for storing domestic animal breeds;

□ Facility for storing microorganisms and fungi;

□ Facility for storing, preserving genetic resources and genetic samples.

4. Subjects of conservation:

□ Species under list of endangered, rare, precious species prioritized for protection;

□ Species not under list of endangered, rare, precious species prioritized for protection.

5. Attached documents

1) Project for establishment of biodiversity conservation center.

2) Documents proving satisfaction to eligibility according to Clause 2 Article 42 of Law on Biodiversity dated 2008¹.

We hereby guarantee and assume legal responsibilities for legitimacy of information and figures provided under attachments.

Request People’s Committee of ………… to consider and adopt necessary procedures for appraising application and issuing certificate of biodiversity conservation center./.

Note:

 (1) Name of People’s Committee of Province/Central-affiliated city:

 (2) Head of organization applicant or individual applicant;

 (*) Seal is only issued when project developer is juridical person.

__________________

1 Documents proving financial capacity specified under Point c Clause 1 Article 42 of Law on Biodiversity in 2008 are shown under Points 2.6 and 2.7 Section II of Project for establishment of biodiversity conservation center.

ANNEX 2

FORM OF PROJECT FOR ESTABLISHMENT OF BIODIVERSITY CONSERVATION CENTER
(Attached to Circular No. 25/2016/TT-BTNMT dated September 22, 2016 of Minister of Natural Resources and Environment)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------

PROJECT FOR ESTABLISHMENT OF BIODIVERSITY CONSERVATION CENTER

I. General information

1.1. Information on project owner

- Project owner:

- Representative of organization owner:

- Title:

- Address:

- Phone:                                                             Fax:

- E-mail:

- Documents proving legitimacy of the organization, individual:

+ Individual: ID Card or passport (including: number, date of issue, place of issue, issuing agency)

+ Organization: copy of decision on establishment, enterprise registration certificate (including: number, date of issue, place of issue) or other equivalent documents, regulations or other equivalent documents of enterprise owner. 

1.2. General information on biodiversity conservation center

- Name of biodiversity conservation center:

- Model of biodiversity conservation center:

□ Facility for cultivating, culturing species under list of endangered, rare, precious species prioritized for protection;

□ Facility for rescuing wild species;

□ Facility for storing plant cultivars;

□ Facility for storing domestic animal breeds;

□ Facility for storing microorganisms and fungi;

□ Facility for storing, preserving genetic resources and genetic samples.

- Address of biodiversity conservation center:

- Applicant for issuance of certificate of biodiversity conservation center:

+ First-time issuance:                  □

+ Additional issuance:                □

II.         Details of project for establishment of biodiversity conservation center

2.1. Necessity and purposes of establishment

- Necessity for establishment.

- Purposes of establishment

2.2. Location, scale and scope of project for establishment

- Describe location, geographical positions and scope of project for establishment of biodiversity conservation and attach detailed maps for these information (using VN 2000 reference coordinate system).  

- General description regarding natural, socio-economic conditions of areas where the project is to be established.

- Total area, scale of biodiversity conservation centers (estimated component sub-sections namely administrative and service, cultivation cages, arboretum, veterinary medicine department, isolation area, water/waste treatment area, etc.) and detailed graphs on biodiversity conservation center.

- 1 Certificate for land use right or contract for renting land where biodiversity conservation center is to be constructed (Copies are not required to be certified).

- 1 Decision on approving environmental impact assessment report or written confirmation of application for environmental protection plan or equivalent documents (Copies are not required to be certified).

2.3. Subject of cultivation, culture, rescue and storage of genetic resources and genetic samples in biodiversity conservation center

a) Information on breed/species/sample of subjects expected to be cultured, cultivated, stored: total number of species, name of species (common name, scientific name) and quantity of individual/sample of each species under the schedule below.

b) Information on species currently cultured, cultivated, bred and stored by active centers is listed as follows:

- For animal species

- For plant species

- For domestic plants and animals

- For genetic resources and genetic samples

2.4. Eligibility regarding facility and infrastructure

2.4.1. For facilities for cultivating, culturing, storing, preserving samples of species under list of endangered, rare, precious species prioritized for protection

a) For facilities raising, storing, preserving samples of animals under list of endangered, rare, precious species prioritized for protection:

Describe facilities, infrastructures and explain ability to guarantee completion of cultivation, breeding, storage and preservation of samples of animals under list of endangered, rare, precious species prioritized for protection. 

- Total area of the facilities

- Area of cages.

- Area of quarantined cultivation area; total number of quarantined cages (Depending on breeds and area applied for establishment).

- Total number of cages (Depending on breeds and area applied for establishment).

- Cage, conservation and storage design.

- Area for conservation, storage and exhibition (if any)

- Veterinary medicine and deceased animal disposal areas (if any). 

- Equipment:

+ Equipment serving animal care (Mobile cages, cages for each species, anaesthetizing equipment, trucks, other equipment)

+ Veterinary drugs (depending on subjects, number of species raised in captivity)

+ List of equipment for caring and monitoring animals;

+ Technical equipment for rescuing  wild species, preserving genetic resources and genetic samples (if any);

+ Equipment for disposing and dealing with deceased animals (if any);

- Food supply.

- Electricity, water, fire prevention systems.

- Internal traffic systems.

- Environmental protection solutions, measures of the facilities (excerpted from environmental impact assessment approved by competent authorities).

- Solutions for dealing with generations created during breeding process.

- Safety measures for biodiversity, domestic animals, caretakers and visitors, etc.

- Risk supervision, management and disease prevention measures.

b) For facilities planting, culturing, storing, preserving samples of plants under list of endangered, rare, precious species prioritized for protection:

Describe facilities, infrastructures and explain ability to guarantee completion of cultivation, storage and preservation of samples of plants under list of endangered, rare, precious species prioritized for protection. 

- Total area of the facilities

- Cultivation area; Arboretum area.

- Storage and preservation area.

- Total number of endangered, rare, precious cultivars prioritized for protection.

- Designs for collecting, sowing seeds, etc.

- Electricity, water, fire prevention systems.

- Internal traffic systems.

- Environmental protection solutions, measures of the facilities (excerpted from environmental impact assessment approved by competent authorities).

- Safety measures for biodiversity.

- Risk supervision and management measures.

2.4.2. For facilities rescuing wild species

Describe facilities, infrastructures and explain ability to guarantee rescue of wild species under list of endangered, rare, precious species prioritized for protection. 

- Total area of rescue facilities.

- Area of breeding, captivity and rescue locations.

- Area of quarantined breeding locations; Total number of quarantined cages (Depending on breeds and area applied for establishment).

- Area of semi-wild areas (if any).

- Area for conservation, storage and exhibition (if any)

- Area of veterinary medicine and deceased animal disposal locations (if any).

- Number of cages (Depending on breeds and area applied for establishment).

- Cage, conservation and storage design.

- List of species and number of individuals of endangered, rare, precious species prioritized for protection that can be received and rescued (Depending on rescue capacity and available captivity areas and cages).

- Number of individuals of endangered, rare, precious species and number of endangered, rare, precious species returning to natural habitat.

- Technical equipment for rescuing wild species, preserving genetic resources and genetic samples;

+ Equipment serving rescue (Mobile cages, cages for each species, anaesthetizing equipment, trucks, other equipment);

+ Equipment serving storage and preservation of genetic resources and genetic samples (refrigeration, etc.);

+ Veterinary drugs (depending on subjects, number of species raised in captivity);

+ Equipment for disposing and dealing with deceased animals (if any);

+ List of equipment for caring and monitoring animals, etc.

- Food supply.

- Electricity, water, fire prevention systems.

- Internal traffic systems.

- Solutions for dealing with generations created during rescue process.

- Environmental protection solutions, measures of the facilities (excerpted from environmental impact assessment approved by competent authorities).

- Safety measures for biodiversity, domestic animals, caretakers and visitors, etc.

- Risk supervision and management measures.

2.4.3. For facilities preserving specific endangered, rare, precious cultivars, domestic animal breeds, microorganisms and fungi; facilities for storing, preserving genetic resources and genetic samples

Describe facilities, infrastructure and explain ability to successfully planting, cultivating, storing, preserving samples of plants under list of endangered, rare, precious species prioritized for protection:

- Area of facilities for conserving genetic resources.

- Storage and preservation area and design.

- Area of research and analysis quarters

- Total quantity of species, breeds with genetic resources preserved and conserved.

- List and quantity of wild plants, wild animals, microorganisms, fungi, domestic plant cultivars and domestic animal breeds in store.

- Genetic resources of plants, animals, microorganisms, fungi, domestic plant cultivars and domestic animal breeds for preservation (sample and breeds/cultivars in preservation).

- Specimen of wild plants, wild animals, microorganisms, fungi, domestic plant cultivars and domestic animal breeds in preservation.

- Seed banks (Note: necessary equipment such as mid-term, short-term or long-term cold storage; drying equipment; laboratories for assessing seed quality; seed replication areas serving storage; generators).  

- Paddy gene banks (Note: qualified paddies; greenhouses; netting farms/cages; quantity and area of cages).

- Invitro gene banks (Note: necessary equipment includes sterilization chambers; extracting equipment; preserving equipment (ultra-low freezer)).

- Electricity, water, fire prevention systems.

- Internal traffic systems.

- Environmental protection measures, solutions for the facilities (excerpted from environmental assessment reports approved by competent authorities).

- Biodiversity safety assurance.

- Risk supervision and management measures.

2.5. Personnel

- Organizational structure and graphs.

- Number of managerial, operational and technical officials.

- List of managerial, technical officials with appropriate expertise (biology, veterinary medicine, husbandry, care workers) working under decisions on employment or employment contracts.

2.6. Financial capacity

Prove financial capacity to operate biodiversity conservation centers:

- Costs for operation of conservation centers consist of: labor, worker costs; animal, plant care costs; preservation and storage costs; general operational costs (electricity, water, etc.).

- Funding sources: state budget; private funding sources; international cooperation, service revenues, etc.

- Measures for maintaining and developing funding sources for operation of conservation centers.

2.7. Management organization and technical procedures

2.7.1. Management organization in conservation centers

2.7.2. Describe biodiversity conservation activities in the centers

a) For facilities cultivating, raising, storing, preserving samples of species under list of endangered, rare, precious species prioritized for protection:

Specify all activities to be conducted by the centers to contribute to biodiversity conservation objectives, including:

- Raising, cultivating, storing and preserving samples serving conservation of number of individuals, groups and pure genetic resources of endangered, rare, precious wild species prioritized for protection.

- Assisting and implementing scientific research and environmental education.

- Breeding and providing breeders in with adequate genetic resource quantity and quality to serve rehabilitation in natural habitats.

- Providing technical services and transferring biodiversity conservation technology.

- Other activities to preserve and develop species.

b) For facilities rescuing wild species:

Specify all activities to be conducted by the centers to contribute to biodiversity conservation objectives, including:

- Receiving wild species from poaching, illegal transport, illegal sale, raising to restore health and releasing to natural habitats.

- Preserving genetic resources of wild endangered, rare, previous species prioritized for protection.

- Assisting scientific research (such as habits, biophysical attributes, reproduction in raising wild endangered, rare, precious species in captivity) to serve conservation and development.

- Assessing and determining genetic resource value, collecting, breeding to conserve genetic resources, develop quantity of individuals and groups.

- Assisting technical transfer for facilities raising, cultivating, storing, preserving samples to serve conservation.

- Other activities to preserve and develop species.

c) For facilities preserving specific endangered, rare, precious cultivars, domestic animal breeds, microorganisms and fungi; facilities for storing, preserving genetic resources and genetic samples:

Specify all activities to be conducted by the centers to contribute to biodiversity conservation objectives, including:

- Collecting, storing, preserving genetic resources of domestic plant cultivars, domestic plant breeds, microorganisms and fungi for conservation of genetic resources.

- Serving scientific research, breed development, species restoration and cross-breeding research to assist group development.

- Assisting and implementing scientific research and environmental education.

- Transferring techniques of storing, preserving, extracting and developing genetic resources to serve conservation and economic development.

- Other activities to preserve and develop species.

2.7.3. Technical procedures for nurturing, caring, preserving, storing, etc. (provide specific description for endangered, rare, precious species prioritized for protection currently in conservation centers)

2.7.4. Occupational safety procedures, fire prevention procedures, etc. procedures for dealing with emergencies (measures for responding to risks, incidents such as: animals escaping captivity, plants distributed to the outside world, fire, explosion, diseases, epidemic, harm to human, etc.)

2.7.5. Inspecting, listing and supervising activities

III. Commitment

We hereby guarantee and assume total legal responsibilities for legitimacy of information and figures provided under projects for establishment of biodiversity conservation centers and annual timely reports on conditions of species under list of endangered, rare, precious species prioritized for protection in the conservation center as per the law.

Note:

 (1) Superior of applicant organization or applicant individual;

 (*) Seal is only issued in case project owner is a juridical person.

ANNEX 3

CERTIFICATE OF BIODIVERSITY CONSERVATION CENTER
(Attached to Circular No. 25/2016/TT-BTNMT dated September 22, 2016 of Minister of Natural Resources and Environment)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
------------------------

CERTIFICATE
BIODIVERSITY CONSERVATION CENTER

PEOPLE’S COMMITTEE OF ………………… PROVINCE/CITY

HEREBY CERTIFIES THAT: …………………………… (1) ………………………………

Location: ……………………………………………………………..…………………………..

Is a biodiversity conservation center for:……………………………(2)………………………

Total area of the biodiversity conservation center: ………………………………(Unit: square meter (m)²)

Subject of conservation in the biodiversity conservation center: (List of species attached to this Certificate).

Note:

 (1) Name of applicant center;

 (2) Model of the biodiversity conservation center after having establishment project approved;

 (3) According to number of Decision on certification of People’s Committee of Province/central-affiliated City.

SUBJECT OF CONSERVATION IN BIODIVERSITY CONSERVATION CENTER

 (attached to Certificate No. …………/QD-UBND-GCN dated ………………………)

ANNEX 4

REPORT ON CONSERVATION OF SPECIES UNDER LIST OF ENDANGERED, RARE, PRECIOUS SPECIES PRIORITIZED FOR PROTECTION OF BIODIVERSITY CONSERVATION CENTER
(Attached to Circular No. 25/2016/TT-BTNMT dated September 22, 2016 of Minister of Natural Resources and Environment)

ANNUAL REPORT
ON CONSERVATION OF ENDANGERED, RARE, PRECIOUS SPECIES PRIORITIZED FOR PROTECTION IN BIODIVERSITY CONSERVATION CENTER

To: People’s committee of ………………… Province/City

1. General information on biodiversity conservation center

- Name of biodiversity conservation center:

- Name and title of representative (for applicant organization):

- Address:

- Phone:                                                             Fax:                                      Email:

2. Management and operation of biodiversity conservation center

2.1. General details regarding management of biodiversity conservation center

2.2. Specific details on operation of biodiversity conservation center

 (Note: include all activities of the biodiversity conservation center such as receiving, quarantining, breeding, releasing, storing, preserving samples, genetic resources, exchanging, dealing with deceased individuals, supervising, cooperating with other agencies, providing accountability for changes that occur in the biodiversity conservation center compared to the initial operational report or previous report).

3. Financial conditions of the biodiversity conservation center

3.1. Total expenditure on activities (management, personnel, care, nurturing, procurement of equipment, veterinary medicine, preservation, dealing with deceased animals, etc.); general operational costs of the center (electricity, water, etc.)

3.2. Total funding sources (state budget, private sources, mobilization, service revenues (if any), etc.)

4. Conditions of endangered, rare, precious species prioritized for protection in the conservation center

4.1. For animals

4.2. For plants, breeds, genetic resources and genetic samples