05/12/2019
On July 16, 2019, the Prime Minister issued Decree No. 64/2019/ND-CP amending Article 7 of Decree No. 160/2013/ND-CP dated November 12, 2013 on criteria for identifying species and management regime of species on the List of endangered, precious and rare species prioritized for protection. The Decree was issued to perfect the legal basis and strengthen the management of endangered, precious and rare species prioritized for protection under the Law on Biodiversity 2008. At the same time, to update and add endangered, precious and rare species into the List of endangered, precious and rare species prioritized for protection in response to the actual situation.
The need to issue Decree No. 64/2019/ND-CP
In Clause 3, Article 40 of the Law on Biodiversity 2008: “Once every 3 years or when in need, the species on the List of endangered, precious and rare species prioritized for protection must be investigated and assessed for amendment and supplement". Clause 2, Article 7 of Decree No. 160/2013/ND-CP also stipulates: “Once every 3 years or when in need, the Prime Minister shall decide to adjust and supplement the List of species prioritized for protection at the proposal of the MONRE".
The Chinese crocodile lizard (Shinisaurus crocodilurus) is included in the List of endangered, precious and rare species prioritized for protection
Decree No. 160/2013/ND-CP issued the List of endangered, precious and rare species prioritized for protection, including 83 animal species, 17 plant species, 15 plant varieties, 6 animal breeds and the management regime of species on this List. The issued Decree No. 160/2013/ND-CP creates a legal basis for promoting management of species prioritized for protection, especially as a legal basis to handle violations in accordance with the provisions of the Criminal Code 2015 and the Law revising the Criminal Code 2017 and to develop and implement conservation programs of endangered, precious and rare species prioritized for protection.
In recent years, the MONRE has cooperated with relevant Ministries, branches and organizations to develop, submit, promulgate and organize the implementation of documents guiding the implementation of Decree No. 160/2013/ND-CP, the programs on conservation of endangered, precious and rare species on the List of endangered, precious and rare species prioritized for protection such as: The National Program on Tiger Protection in the 2014 - 2022 period (Decision No. 539/QD-TTg dated April 16, 2014 of the Prime Minister), the Urgent Action Plan for Elephant Conservation in Việt Ban by 2020 (Decision No. 940/QD-TTg dated July 19, 2012 of the Prime Minister), the Urgent Action Plan for Primate Conservation in Việt Nam up to 2025, with a vision to 2030 (Decision No. 628/QD-TTg dated May 10, 2017 of the Prime Minister). Currently, the MONRE has developed and submitted to the Prime Minister to consider and approve the National Program on the Conservation of Endangered Turtle Species in Việt Nam.
During the implementation of Decree No. 160/2013/ND-CP, the information on endangered, precious and rare species prioritized for protection has changed, requiring updates, adjustments and supplements such as: Some species in the List issued together with Decree No. 160/2013/ND-CP have changed their scientific names; some species published by scientists have been separated into multiple species; some species confirmed by scientific agency no longer exist in Việt Nam; a number of endangered, precious and rare species meet the criteria for recognition as prioritized species for protection...
Implementing Clause 2, Article 7 of Decree No. 160/2013/ND-CP, the MONRE has coordinated with Ministries, branches and localities to review and assess the current status of the endangered, precious and rare species on the List of endangered, precious and rare species prioritized for protection; assumed the prime responsibility for drafting the Government's Decree to adjust and supplement the List of endangered, precious and rare species prioritized for protection promulgated together with Decree No. 160/2013/ND-CP. Therefore, the promulgation of Decree No. 64/2019/ND-CP dated July 16, 2019 amending Article 7 of Decree No. 160/2013/ND-CP of November 12, 2013 is one of the important contents in the process of implementing the strategies and operational programs of international Treaties to which Việt Nam is a party, including the Convention on Biological Diversity (CBD) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITIES).
In Article 8, the CBD also affirms the importance of developing and implementing regulations on the conservation of endangered, precious and rare species: "Develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations”. The CITES also emphasized: “Wild fauna and flora are an irreplaceable part of the earth's natural ecosystems with great value in terms of aesthetics, science, culture, entertainment and economy. Therefore, peoples and nations must be the best defenders of their wild fauna and flora".
According to Decree No. 64/2019/ND-CP, the number of species included or removed from the List is 15 wild animal and plant species listed in Appendix I on the List of wild animals and plants threatened with extinction, strictly prohibited to export, import, re-export, import via sea transportation and transit of specimens from nature for commercial purposes of the 2017 CITES. Some species that are proposed for supplementation in the List are species in danger of extinction in the wild. The listing is intended to concretize the implementation of the Convention and appropriate actions to conserve and prevent the decline of species threatened with extinction in Việt Nam.
The Hang's Paphiopedilum (Paphiopedilum hangianum) is included in the List of endangered, precious and rare species prioritized for protection
In 2010, at the 10th Conference of the parties to the CBD, the member States adopted and committed to implementing the targets of the Convention to 2020 (Aichi Targets), including the target of endangered species conservation which is "By 2020, the extinction of known threatened species has been prevented and their conservation status, particularly of those most in decline, has been improved and sustained”.
Basic contents of Decree No. 64/2019/ND-CP
Decree No. 64/2019/ND-CP includes 2 Articles and 1 Appendix. The contents of adjustment and supplement in Appendix I of the List of adjusting and adding endangered, precious and rare species prioritized for protection are as follows:
Plants: Adding 9 endangered, precious and rare wild plant species to the List of endangered, precious and rare species prioritized for protection, including: Lan hài chai (Paphiopedilum callosum); Jade Slipper Orchid (Paphiopedilum malipoense); the Beard carrying paphiopedilum (Paphiopedilum barbigerum); Lan hài trân châu (one species of Paphiopedilum); the Hang's Paphiopedilum (Paphiopedilum hangianum); Lan hài đỏ (Paphiopedilum delenatii), Lan hái tam đảo (Paphiopedilum gratrixianum), Lan hài thăng heng (Paphiopedilum helenae); Himalayan yew (Taxus wallichiana). The above-mentioned species are precious and rare gene sources that have been exploited and traded in exhaustion, threatened with extinction in the wild and all met the criteria of endangered, precious and rare species prioritized for protection specified in Decree No. 160/2013/ND-CP. Besides, the Vietnamese names of 2 species are adjusted from the Bách vàng to the Bách vàng việt, from the Hoàng liên trung quốc to the Hoàng liên bắc, which is divided into 3 species to concretize the species belonging to the family of Berberis julianae (Hoàng liên gai) on the List of prioritized species for protection, including the long-leaved Hoàng liên gai; mold-leaved Hoàng liên gai; the small-leaved Hoàng liên gai.
Animals, in the List of endangered, precious and rare species prioritized for protection of Decree No. 64/2019/ND-CP, the wild water buffalo (Bubalus arnee) is removed from the List as it has not been recorded in Việt Nam for many years. At the same time, 10 species including 3 mammal species, 3 reptile species and 04 endangered, precious and rare bird species are added to the List, including: The large-spotted civet (Viverra megaspila); the Owston's palm civet (Chrotogale owstoni); the spotted linsang (Prionodon pardicolor); the Psychedelic Rock Gecko (Cnemaspis psychedelica); Chinese crocodile lizard (Shinisaurus crocodilurus); the big-headed turtle (Platysternon megacephalum); the Spoon-billed Sandpiper (Eurynorhynchus pygmeus); the crested argus (Rheinardia ocellata); the green peafowl (Pavo muticus); the Spotted Greenshank (Tringa guttifer). These species are currently threatened and meet the criteria of endangered, precious and rare species prioritized for protection under the provisions of Decree No. 160/2013/ND-CP.
The adjusted List of 10 species includes 6 mammal, 2 reptile and 2 bird species. These species have been separated into new species or their Vietnamese names and scientific names have been adjusted to conform with the latest published scientific research results, specifically: Separate the Nomascus siki from the Northern white-cheeked gibbon (Nomascus leucogenys) in the List of species prioritized for protection because during the study of molecular genetics, the primate taxonomists found a genetic difference; Separate the Voọc bạc trường sơn from the Voọc bạc đông dương; Adjust the scientific name of the Voọc bạc đông dương (from Trachypithecus villosus to Trachypithecus germaini); Separate the Northern buffed-cheeked gibbon (Nomascus annamensis) from the Red-cheeked Gibbon (Nomascus gabriellae); Adjust the scientific name of the Phayre's leaf monkey (from Trachypithecus (phayrei) barbei to Trachypithecus crepusculus); Adjust the scientific name of the Chamois species; Separate the central-region Rùa hộp trán vàng (Cuora bourreti) and the southern-region Rùa hộp trán vàng (Cuora picturata) from the northern-region Rùa hộp trán vàng (Cuora galbinifrons); Adjust the scientific names of the Great hornbill and the Austen's brown hornbill.
The promulgation of Decree No. 64/2019/ND-CP is a necessary requirement, in accordance with the Party's viewpoint and the State's policies on the protection and sustainable development of biodiversity and endangered, precious and rare species prioritized for protection, while ensuring compatibility with relevant international treaties to which Việt Nam is a member.
Trần Trọng Anh Tuấn
Nguyễn Thị Vân Anh
Vietnam Environment Administration
(Source: Vietnam Environment Administration Magazine, English Edition II - 2019)
