Conditions for exploitation of wild Fauna and Flora species under lists of species prioritized protection in Vietnam

Conditions for exploitation of wild Fauna and Flora species under lists of species prioritized protection in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

Conditions for exploitation of wild Fauna and Flora species under lists of species prioritized protection in Vietnam

Conditions for exploitation of wild Fauna and Flora species under lists of species prioritized protection include:

a) To serve purpose of biodiversity preservation, scientific research and creating the initial breed/variety source;

b) To ensure not causing negative impacts to the existence and development of such species in the wild;

c) To possess license of exploitation granted by competent agencies as prescribed in point d Clause 3 of this Article;

d) To have consent of the Management Board of natural preservation zone for exploitation activities at natural preservation zone, owner of biodiversity preservation facility for exploitation activities at biodiversity preservation facility, provincial specialized agencies for exploitation activities outside natural preservation zones, outside the biodiversity preservation facilities.

(Clause 1 of Article 11 of Decree 160/2013/ND-CP)

Dossier of license for exploitation of wild Fauna and Flora species under lists of species prioritized protection in Vietnam

Dossier of license for exploitation of wild Fauna and Flora species under lists of species prioritized protection includes:

- Application of exploitation license made according to Form No. 02, Annex II of Decree 160/2013/ND-CP;

- Plan of exploitation made according to Form No. 03, Annex II of Decree 160/2013/ND-CP;

- Report on assessing current status of species population at the exploited zone made according to Form No. 04, Annex II of Decree 160/2013/ND-CP;

- Authenticated copy of written agreement on program of scientific research cooperation or Decision on approving task of scientific research of competent state agencies;

- Written consent of organizations, individuals specified in point d Clause 1 Article 11 of Decree 160/2013/ND-CP;

- Authenticated copy of paper proving legal status.

(Clause 2 of Article 11 of Decree 160/2013/ND-CP)

Orders of and procedures for license for exploitation of wild Fauna and Flora species under lists of species prioritized protection in Vietnam 

Orders of and procedures for license for exploitation of wild Fauna and Flora species under lists of species prioritized protection are as follows:

- Organizations and individuals registering for exploitation license may submit directly or via post three (03) sets of dossier as prescribed in Clause 2 of this Article 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 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 Decree 160/2013/ND-CP;

- 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.

(Clause 3 of Article 11 of Decree 160/2013/ND-CP)

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