Thông tư 35/2018/TT-BTNMT về tiêu chí xác định và ban hành Danh mục loài ngoại lai xâm hại do Bộ trưởng Bộ Tài nguyên và Môi trường ban hành

CIRCULAR

PROMULGATING INVASIVE ALIEN SPECIES DETERMINATION CRITERIA AND LISTS

Pursuant to the 2008 Law on Biodiversity;

Pursuant to the Government’s Decree No. 36/2017/ND-CP dated April 04, 2017 on functions, duties, powers and organizational structure of the Ministry of Natural Resources and Environment;    

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

The Minister of Natural Resources and Environment hereby promulgates a Circular promulgating invasive alien species determination criteria and lists.

Article 1. Criteria for determination of invasive alien species and alien species posing invasion risk 

1. Content of assessment of invasion risk of alien species includes:

a) Information on the species: Vietnamese name, scientific name, English name and description of morphological characteristics of the species;

b) Climate characteristics of the location where the species originates or has established a population;

c) History of the species’ invasion around the world and in Vietnam;

d) Characteristics of the species that pose risk to the environment, biodiversity and human health;

dd) Reproductive characteristics, dispersal mechanisms and resistance characteristics.

2. Invasive alien species determination criteria:

An alien species shall be considered invasive when it meets any of the following criteria:

a) It is invading the habitat of, competing for food with or harming native species, or dispersing rapidly or causing ecological imbalance at the location where it appears and develops in Vietnam;

b) It poses high risk of invasion to biodiversity according to assessment and is recorded as invasive in an area with a climate similar to Vietnam or shows signs of invasion according to surveys or experiments.

3. Criteria for determination of alien species posing invasion risk:

An alien species shall be considered posing invasion risk when it meets any of the following criteria:

a) It is capable of developing and dispersing rapidly, shows signs of competing for food and habitat and is capable of harming native species of Vietnam;

b) It is recorded as invasive in an area with a climate similar to Vietnam;

c) It poses high risk of invasion to Vietnam’s biodiversity according to assessment.

Article 2. List of invasive alien species and list of alien species posing invasion risk

1. List of invasive alien species is provided for in Appendix 1 enclosed therewith. 

2. List of alien species posing invasion risk is provided for in Appendix 2 enclosed therewith.

3. Amendment to list of invasive alien species and list of alien species posing invasion risk

a) The Ministry of Natural Resources and Environment shall take charge and cooperate with the Ministry of Agriculture and Rural Development in consolidating and carrying out assessments of invasive alien species and alien species posing invasion risk based on the criteria mentioned in Article 1 of this Circular;

b) Based on assessment results, the Ministry of Natural Resources and Environment shall amend and promulgate list of invasive alien species and list of alien species posing invasion risk.

Article 3. Effect

1. This Circular comes into force from February 11, 2019.

2. Joint Circular No. 27/2013/TTLT-BTNMT-BNNPTNT dated September 26, 2013 by the Minister of Natural Resources and Environment and Minister of Agriculture and Rural Development promulgating invasive alien species determination criteria and lists is annulled from the entry into force of this Circular.

3. Ministries, ministerial-level agencies, People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall implement this Circular./.

APPENDIX 1

LIST OF INVASIVE ALIEN SPECIES

(Enclosed with Circular No. 35/2018/TT-BTNMT dated December 28, 2018 by the Minister of Natural Resources and Environment)

APPENDIX 2

LIST OF ALIEN SPECIES POSING INVASION RISK

(Enclosed with Circular No. 35/2018/TT-BTNMT dated December 28, 2018 by the Minister of Natural Resources and Environment)