Vietnam: Orders of and procedures for license for exploitation of species under lists of species prioritized 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.

 cấp Giấy phép khai thác loài được ưu tiên bảo vệ, Nghị định 160/2013/NĐ-CP

Specifically, according to Decree No. 160/2013/NĐ-CP of Vietnam’s Government, orders of and procedures for license for exploitation of wild Fauna and Flora species under lists of species prioritized protection are specified as follows:

- Organizations and individuals registering for exploitation license may submit directly or via post three (03) sets of dossier as prescribed and pay charge for appraisal for exploitation license to the Ministry of Natural Resources and Environment;

- Within five (05) working days, after receiving dossier, the Ministry of Natural Resources and Environment shall notify in writing organizations and individuals about acceptance of dossier or request for supplementation and completion of dossier in accordance with regulations; requirement for organizations and individuals in supplementation and completion of dossier is applied once only and time for supplementation and completion of dossier is not included in time for appraising dossier;

- Within 45 working days after receiving a valid dossier, the Ministry of Natural Resources and Environment shall establish a Council of appraisal and conduct the appraisal. Members of Council of appraisal includes representatives of agencies of the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, the provincial People’s Committees, Management Board of natural preservation zone or owner of biodiversity preservation facility where the exploitation activities will be carried out, other relevant organizations and experts; 

- Within ten (10) working days, after having the result of appraisal, the Ministry of Natural Resources and Environment shall license exploitation for the registering organizations and individuals, in case of refusal for exploitation license, it must notify in writing and clearly state reason thereof to the applicant. Exploitation license is specified according to Form No. 05, Annex II of this Decree;

- Organizations and individuals licensed exploitation must comply with provisions in exploitation license and the approved exploitation plans; take responsibility for compensation and incident remedy if exploitation causes deterioration of ecological environment, destroys property of State and People as prescribed by law.

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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