Decision No. 79/2007/QD-TTg approving the national action plan on biodiversity up to 2010 and orientations up to 2020 for implementation of the Convention on Biological Diversity and the Cartagena Protocol on Biosafety

Issue no 03/June 2007 (C6ng Baa nos 404-405lJune 22, 2007) OFFICIAL GAZETTE 33 DECISION No. 79/2007/QD-TTg OF MAY31, 2007,APPROVINGTHENATIONALACTION PLAN ON BIODIVERSITY UP TO 2010AND ORIENTATIONS TOWARDS 2020 FOR IMPLEMENTATION OF THE CONVENTION ON BlOLOGICAL DIVERSITY AND THE CARTAGENA PROTOCOL ON BIOSAFETY THE PRIME MINISTER Pursuant to the December 25, 2001 Law on Organizationofthe Government; Pursuant to the November 29, 2005 Law on EnvironmentalProtection; At the proposal of the Minister of Natural Re,'iUUfCeS and Environment, DECIDES: Article 1.- To approvethe national action plan on biodiversity up to 20I0 and orientations towards 2020 for implementation of the Convention on BiologicalDiversityandthe CartagenaProtoor..1on Biosafety (belowreferred to asnationalactionplan for short)with the following principalcontents: I. OBJECTIVES I. Specifictargets from now to 2010: at Conservationand developmentof terrestrial biodiversity: To improve,completeand develop the system ofspecial-useforests(to reacha forest coverageof 42-43%); To restore 50% of the area of degraded watershed forests; To effectively protect precious, rare and endangeredanimals and plants; To have three natural reserves accredited as world natural heritage or world biosphere reserve and five natural reserves accredited as ASEAN heritage. bl Biodiversityconservation and developmentin wetlandsand coastalareas: Toincrease thetotalareaofwetlandsandmarine reservesofnationalandinternational importanceto over 1.2 million hectares. To restore 200,000 hectares ofmangrove forests; To build five (05) wetlands areas eligible for accreditation aswetlands ofinternational importance (Ramsar sites). cl Agricultural biodiversity conservation and development: Toannounceandcomplete a conservationsystem to efficientlyconserve precious and rare livestock breeds, plant varieties and indigenous agricultural microorganismsofhigh socio-economic value. d! Sustainable uscofbiological natural resources; Tobuildand developmodelsofsustainableuse ofbiologicalnaturalresources; to monitor,prevent, © VIETNAM LAW & LEGAL FORUM 34 OFFICIAL GAZETTE Issue no 03(June 2007 (C6ng sao nos 404-405lJune 22, 2007) stop and eliminate the exploitation, trading and consumption of precious, rare and endangered animals and plants; Tomonitor, evaluate and prevent invasive alien species; To check and verify 100%ofthe breeds, species and genetic sources of imported organisms. e/ Raising biodiversity and biosafety state management capacity: To consolidate and improve the state management capacity for the organizational system, especially key national agencies and competent agencies in charge of biodiversity and biosafety, to meet the management requirements of these two domains; Tobuild and complete a system of mechanisms, policies and legal documents on biodiversity and biosafety management; To improve technical and material bases, attach importance to training ami developing personnel professionally and technically qualified for biodiversity conservation and development and biosafety management; To conduct propaganda and education to raise public awareness about conservation, and sustainable development and use ofbiodiversity; to strive for the target that over 50% ofthe population have regular access to information on biodiversity and biosalety and give comments on the decision making in granting biosafety certificates; To ensure that 100% of genetically modified organisms,and productsand commodities originated from genetically modified organisms circulated on the market undergo risk assessment in Vietnam and are labeled, checked and monitored in accordance with law. 2. Orientations towards 2020: aJ To conserve, and sustainably develop and use, the biodiversityof genetic sources,biologicalspecies and the rich ecological system of Vietnam; to efficiently manage biosafety to protect the people's health, the environment and biodiversity; to make practical contributions to regional and global efforts in biodiversity conservation and development to fully implement international commitments on biodiversity and biosafety to which Vietnam is a contracting party. bl To complete the organizational system, mechanisms, policies and legal documents on biodiversity and biosafety management in Vietnam; c/Tocomplete the systemof(terrestrial,wetlands and marine) natural reserves; to restore 50% of typical and sensitive ecosystems which have been destroyed. II.MAJOR TASKS I. Conservation and development of terrestrial biodiversity: aJ To adopt a unified rating system for special use forests; to check, plan and develop the special use forest system; to apply sustainable forest management models; bl To continue implementing efficiently the five-million-hectare forestation project in accordance with Resolution No. 73/2006/QHll ofNovember 29, 2006, of the Socialist Republic of Vietnam's Xlth National Assembly, the 10th session, adjusting the targets and tasks ofthe five million-hectare forestation project in the 2006 20 I0 period; clTo build and nominate natural reserves eligible for accreditation as world natural heritage, world biosphere reserve or ASEAN heritage; d/ To apply the ecosystem approach in biodiversity protection; to build up biodiversity corridors between sanctuaries and farm reserves suitable to Vietnam's conditions; el To adopt a master plan on the ex-situ conservation system according to eight regions © VIETNAM LAW & LEGAL FORUM Issue no03/June 2007 (C6ng Bao nos 404-405/June 22, 2007) OFFICIAL GAZETTE 35 (northeastern,northwestern,northernplain,northern central, southern central, central highlands, southeastern and southwestern) and start construction in some regionsaccordingto the master plan; fl To develop ex-situ conservation forms, especially for endemic, precious and rare animals and plants; to attach importance to multiplying and rearing a number of precious and rare animals and plants ofhigh socio-economic value; g/ To identify species in danger of extinction to be put under ex-situ conservation according to planning. 2. Biodiversity conservation and development in wetlands and coastal areas: a/ Building, developing and managing the wetlands and marine reserve system: To adopt and carry out strategies, master plans, national and provincial plans on integrated management of coastal and marine zones; To adopt and implement master plans on wetlands and marine reserves, paying due attention to functional zones and buffer zones; to adopt and implement conservation plans for each reserve; To conduct investigations and surveys on, prepare application dossiers of, and request for accreditation of, wetlands of international importance (Ramsar sites). bl Rehabilitating and developing wetlands and marine ecosystems: To restore and develop important coral reefs and seaweed covers; To investigate and evaluate the current status of mangrove forests; to adopt and carry out plans on restorationand development ofcoastalmangrove forests ofprotection significance; To restore wetlands ecosystems in environmentally vulnerable areas. 3. Agricultural biodiversity conservation and development: a/ To investigate, inventory and assess genetic sources of agricultural plants, livestocks and microorganisms; bl To elaborate and implement a program on agricultural biodiversity conservation and development; cl To build up and apply conservation and development models for precious and rare indigenous plants and livestocks; d! To apply advanced technologies, especially biotechnologies, to conserve and develop agricultural biodiversity. 4. Sustainable use ofbiological resources a/ Sustainable use of timber resources and non timber forest products: To collect data on and assess the current status, exploitation and use of timber resources and non timber forest products, paying due attention to pharmaceutical materials and ornamental trees; to apply advanced technologies to processing forest products to raise their use value and save natural resources; • To elaborate and implement an action plan on conservation and sustainable development of non timber forest products; • To build up, apply, review and popularize sustainabledevelopment models for forest products; To research into, apply and develop local knowledge, especially about medicinal plants and animals and traditional processing of non-timber forest products. b/ Sustainableusc ofwetlands and marine natural resources: To apply protective methods and wisely use wetlands ofnational and international importance; To build up and apply comprehensive © VIETNAM LAW & LEGAL FORUM 36 OFFICIAL GAZETTE Issye no03/June 2007 (C6ng Baa nos 404-405/June 22, 2007) management models for wetlands and marine natural resources suitable to local communities' practices; To build observation networks for natural resources, environment and biodiversity in important wetlands and marine zones. clPrevention, control and strict handling ofillegal exploitation, trading and use of biological natural resources: To elosely monitor and strictly handle the illegal exploitation, trading and use of biological natural resources, especially wildlife, timber and coral; To eliminate destructi ve methods ofexploiting biological natural resources and the destruction of sensitive ecosystems; To apply comprehensive measures to control the trading ofprecious and rare animals and plants in danger of extinction. dI Tight control and management of invasive alien species: To investigate and collect data on invasive alien species; To adopt and carry out strategies on prevention and control of invasive alien species and handling of incidents caused by invasive alien species. el Ecotourism development: To investigate and evaluate the potential of, and adopt planning on, the ecotourism network nationwide; • To build up ecotourism models in a number of natural reserves and national parks, giving priority to Cat Ba, Phong Nha-Ke Bang, Cat Tien and Phu Quoc national parks and Can Gio natural reserve; To propose and carry out effective measures to reduce negative impacts of tourism on biodiversity. 5. Improvement of state management capacity for biodiversity and control over genetically modified organisms, and products and commodities originated from genetically moditied organisms tor effective protection of people's health, the environment and biodiversity: aI To perform unified state management of biodiversity and biosafety toward genetically modified organisms, and products and commodities originated from genetically modified organisms. To consolidate and improve state management capacity for the organizational system, especially key national agencies and competent agencies in charge of biodiversity and bioscfcty, To mise the capacity of state management personnel in charge ofbiodiversity and biosafety; bl To elaborate, promulgate and complete a system ofmechanisms, policies and legal documents on biodiversity management. Biodiversity conserva tionmust be taken into thorough consideration upon approval of socio-economic development master plans, plans and projects; c/ To elaborate, promulgate and complete a system ofmechanisms, policies and legal documents on biosafety for genetically modified organisms, and products and commodities originated from genetically modified organisms; dl To develop and improve the potential, in terms of both material and technical bases and human resource training, for scientific research into modern biotechnologies and biosafety; to conduct research to create, safely use and manage genetically modified organisms, and products and commodities originated from genetically modified organisms. To study scientific grounds and elaborate technical instructions in service of risk assessment, risk level classification and risk management of genetically modified organisms, and products and commodities originated from genetically modified organisms, To research and successfully apply scientific solutions and advanced technologies to biodiversity and © ViETNAM LAW & LEGAL FORUM Issue no 03/June 2007 (Cong Bao nos 404-405lJune 22, 2007) OFFICIAL GAZETTE 37 biosafety conservation and development; e/To build, upgrade, complete, license and put into efficient use of a system of labs, including key national labs qualified for analyzing and evaluating risks and precisely identifying genetically modified organisms, and products and commodities originated from genetically modified organisms; f/ To build, put into operation and perform the unified managementofthe databaseand information system ofbiodiversity and biosafety; g!Tobuildandput intousethe BiosafetyClearing House. III. MAJORSOLUTIONS 1. Organizational consolidation and capacity building for biodiversity and biosafety state management agencies; improvement of the system of mechanisms, policies and legal documents on biodiversity and biosafcty: a/ To consolidate and raise the capacity of the system ofstate management agencies, especially key national agencies and competent agencies in charge of biodiversity and biosafety, to meet the management requirements of these two domains; bl Check, adopt, amend, supplement and complete the system ofmechanisms, policies and legal documents to ensure effective and efficient management of biodiversity and biosafety domains; cl To establish inter-ministerial and interregional mechanisms to coordinate branches' and localities' activities in biodiversity and biosafety management; d/ To decentralize, and assist localities in, biodiversity and biosafety management; el To integrate biodiversity and biosafety into socio-economic development strategies, master plans, plans, programs and projects towards sustainable development. 2. Application of scientific and technological solutions to conservation, and sustainable development and use of biological natural resources: a/ To intensify investigation and basic research into biological natural resources, focus studies on biological and ecological characteristics of endemic, precious and rare species and typical and sensitive ecosystems; hi To boost technological research and technology transfer to discover and precisely identify genetically modified organisms, and products and commodities originated from genetically modified organisms; to analyze and evaluate risks of, and safely and biologically manage, genetically modified organisms. 3. Intensification ofpropagation, education and raising of public awareness to boost information sharing and active participation of people in biodiversity protection and biosafety management: a/ To intensify propagation, education and raising of public awareness about conservation, and sustainable development and use ofbiological natural resources; to actively carry out a movement involving all the people in biodiversity protection; to devise and regularly organize media programs and training courses on biodiversity and biosafety; bl To ensure the community's right and participation in the process of appraising investment policies, strategies, master plans, plans, programs and projects concerning natural reserves and in the biosafety decision making process; cl To diversify models of community-based management and sustainable development and use of biodiversity; to bring into play the nation's tradition ofclose attachment to nature. 4. Increase and diversification of investment capital sources for biodiversity and biosafety: © VIETNAM LAW & LEGAL FORUM 38 OFFICIAL GAZETTE Issye no03/June 2007 (Gong Bao nos 404-405!June 22, 2007) al To ensure funds for biodiversity conservation from the state budget with a focus on direct investment in biodiversity conservation, development and management activities; bl To adopt favorable mechanisms to attract domestic and overseas organizations and individuals to make investment and transfer technologies in service of conservation and sustainable development and use of biodiversity and biosafety management; cl To apply financial instruments to biodiversity management such as taxes and fees on the exploitation and use of natural resources, environmental service fees and conservation funds; dI To mtegrate conservation and sustainable development of biodiversity and biosafety management into domains entitled to funding priority such as hunger eradication, poverty reduction, healthcare and rural development. 5, Increase of international cooperation in biodiversity and biosafety: alTo expandcooperationwithASEAN countries in building up an information and database system, and organizing experience exchange forums and networks on conservation and sustainable development ofbiodiversity and biosafety; bl To boost international cooperation in transnational biodiversity protection; cl To actively join and implement intemational and regional biodiversityand biosafety treaties and efforts; dl To diversify bilateral and multilateral cooperation with nations, international and regional organizations on biodiversity conservation and biosafety, focusing on the exchange of experience and experts; el To raise the efficiency of international cooperation in training, technological transfer and technical consultation on biodiversity and biosafety. IV. ORGANIZATION OF IMPLEMENTATION 1. The Ministry of Natural Resources and Environment: al To be the national key agency for the implementation of the Convention on Biological Diversity and the Cartagena Protocol on Biosafety; to assume the prime responsibility for, and coordinate with relevant ministries, branches and localitiesin, efficientlyand timely implementing the national action plan, and annually reporting implementation results to the Prime Minister; bl To assume the prime responsibility for implementing the national action plan within the scope ofits functions, tasks and powers. To assume the prime responsibility for elaborating, approving or submitting to competent authorities for approval, and implementing, the following contents: A scheme to consolidate the system of state management agencies in charge ofbiodiversity and biosafety; A scheme to raise the capacity of biosafety managementofgeneticallymodified organisms,and products and commodities originated from genetically modified organisms; A plan to prevent and monitor invasive alien species; Aprogram on propagationand educationto raise public awareness about biodiversity and biosafety; A project to form an information sharing and database system ofbiodiversity and biosafety; An action program on biodiversity suitable to the northeastern, northwestern, northern plain, northern central, southern central,centralhighlands, southeastern and southwestern regions. cl The Minister of Natural Resources and Environment shall establish an inter-ministerial steering committee of which he is the head to organize the implementation of the national action plan. The membership and the operation regulation © VIETNAM LAW & LECAL FORUM Issue no03/June 2007 (Gong sao nos 404-405/Jwne 22, 2007) OFFICIAL GAZETTE 39 of the steering committee and its office shall be decided on by the Minister of Natural Resources and Environment. 2. The Ministries of Agriculture and Rural Development; Fisheries; Science and Technology; Education and Training; Culture and Information; Trade; Foreign Affairs; Pianning and Investment; and Finance, the Vietnam National Administration of Tourism, and the Vietnam Science and Technology Institute shall, based on their functions, tasks and powers, properly implement relevant contents in the national action plan. 3. The Ministry ofPlanning and Investment and the Ministry ofFinance shall balance, allocate and guide the use of, capital to efficiently and timely implement the national action plan. 4. Provincial/municipal People's Cormnittees shall properly implement the national action plan's contents related their localities, especially the elaboration and implementation of action plans on biodiversity of territories and localities with high biodiversity. Article 2.- The Minister of Natural Resources and Environment is responsible for guiding and organizing the efficient and timely implementation ofthe national action plan on biodiversityup to 20 I0 and orientations towards 2020 for implementation ofthe Convention on Biodiversity and the Cartagena Protocol on Biosafety. Article3.-This Decision takes effect 15days after its publication in "CONG BAO." Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of provincial/municipal People's Committees shall implement this Decision. Prime Minister NGUYEN TAN DUNG © VIETNAM LAW & LEGAL FORUM