Vietnam: Order for proposal on inclusion of species in or exclusion of species from the list of endangered precious and rare species prioritized for protection

Recently, the Government of Vietnam has issued Decree No. 160/2013/NĐ-CP on criteria to determine species and the regime of managing species under lists of endangered, precious and rare species prioritized protection.

Trình tự đề nghị đưa vào hoặc đưa ra khỏi loài được ưu tiên bảo vệ, Nghị định 160/2013/NĐ-CP

According to Article 8 of Decree No. 160/2013/NĐ-CP of Vietnam’s Government, order and procedures for appraisal of dossier of proposal on inclusion of species in or exclusion of species from the list of endangered precious and rare species prioritized for protection are specified as follows:

- Organizations and individuals proposing on inclusion of species in or exclusion of species from the list of endangered precious and rare species prioritized for protection shall send a dossier, directly or via post, to the appraisal agencies as prescribed by law. A dossier includes Application made according to Form No.01, Annex II of this Decree and three (03) sets of dossier with contents specified in Clause 3 Article 38 of Law on Biodiversity of Vietnam;

- The appraisal agencies shall check validity of dossier; within five (05) working days after receiving dossier, the appraisal agencies shall notify organizations and individuals, in writing, about acceptance of dossier; require for supplementation and completion of dossier in accordance with regulations or refuse in case dossier is invalid; time for supplementation and completion of dossier is not included in time for appraising dossier. Requirement on supplementation of dossier by organizations and individuals is applied once only;

- Within 60 working days after receiving a valid dossier, the appraisal agencies must establish a Council of appraisal and conduct the appraisal, then notify the result of appraisal the applicant. The Council of appraisal includes representatives of the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, the Ministry of science and technology, other relevant Ministries, sectors, scientific agencies, institutions and experts;   

Note: In necessary cases of verifying information at the field, the appraisal agencies shall organize for the Council of appraisal to conduct the verification. Duration of verifying information at the field is not included in the duration of appraisal.

- Within ten (10) working days, after having result of appraisal, the appraisal agencies shall send a written proposal on inclusion of species in or exclusion of species from the list of species prioritized for protection, enclosed with dossier and the appraisal result of the Council, to the Ministry of Natural Resources and Environment. Before September 30 every year, the Ministry of Natural Resources and Environment shall sum up proposals of the appraisal agencies, and submit it to the Prime Minister for deciding on inclusion of species in or exclusion of species from the list of species prioritized for protection.

Concurrently, agencies competent for appraising dossier of proposal on inclusion of species in or exclusion of species from the list of endangered precious and rare species prioritized for protection include:

- The Ministry of Natural Resources and Environment shall organize appraisal for wild Fauna and Flora species;

- The Ministry of Agriculture and Rural Development shall organize appraisal for plant varieties, domestic animal breeds, microorganisms and fungi.

View more details at Decree No. 160/2013/NĐ-CP of Vietnam’s Government, effective from January 01, 2014.

Ty Na

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