Circular No. 53/2009/TT-BNNPTNT dated August 21, 2009 of the Ministry of Agriculture and Rural Development on management of alien aquatic species in Vietnam

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Circular No. 53/2009/TT-BNNPTNT dated August 21, 2009 of the Ministry of Agriculture and Rural Development on management of alien aquatic species in Vietnam
Issuing body: Ministry of Agriculture and Rural DevelopmentEffective date:
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Official number:53/2009/TT-BNNPTNTSigner:Vu Van Tam
Type:CircularExpiry date:
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Issuing date:21/08/2009Effect status:
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Fields:Agriculture - Forestry
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THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 53/2009/TT-BNNPTNT
Hanoi, August 21, 2009
CIRCULAR
ON MANAGEMENT OF ALIEN AQUATIC SPECIES IN VIETNAM
Pursuant to the 2003 Fisheries Law;
Pursuant to the 2008 Biodiversity Law;
Pursuant to the Government's Decree No. 01/2008/ND-CP dated January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government's Decree No. 59/2005/ND-CP dated May 4, 2005, on production and business conditions for a number of fisheries trades, and the Government’s Decree No. 14/2009/ND-CP dated February 13, 2009, amending and supplementing a number of articles of Decree No. 59/2005/ND-CP;
The Ministry of Agriculture and Rural Development promulgates the circular on management of alien aquatic species in Vietnam as follows:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation and subjects of application
1. Scope of regulation
This Circular prescribes the management of aquatic species which are intentionally or unintentionally introduced into the Vietnamese territory, have spread in the natural environment or are being raised in a controlled environment (below referred to as alien aquatic organisms).
2. Subjects of application
This Circular applies to domestic and foreign organizations and individuals engaged in the management of alien aquatic organisms in Vietnam.
Article 2.
Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Alien aquatic organism means an aquatic species introduced from abroad into the Vietnamese territory.
2. Harmful alien aquatic organism means an alien aquatic species that encroaches upon the habitat of, or harms, indigenous species, causing an ecological imbalance in places where it appears and grows.
3. Likely harmful alien aquatic organism means an alien aquatic species that threatens to encroach upon the habitat of, or harm, indigenous species, causing an ecological imbalance in places where it appears and grows.
4. Preservation means bringing alien aquatic organisms to a particular place for care and raising.
5. Local fisheries management agency means a provincial Sub-Department of Aquatic Resource Exploitation and Protection or Aquaculture Sub-Department (for a province which docs not have the Sub-Department of Aquatic Resource Exploitation and Protection) or a provincial-level Fisheries Sub-Department (for a province or city which has none of the above two sub-departments).
6. Owner of alien aquatic organisms means an organization or individual that has the rights to own, use and dispose of alien aquatic organisms (below referred to as owner).
Chapter II
MANAGEMENT OF ALIEN AQUATIC ORGANISMS
Article 3.
Survey and listing of alien aquatic organisms
1. Local fisheries management agencies shall conduct surveys and make lists of alien aquatic organisms in their localities and report them to provincial-level Agriculture and Rural Development Departments for further submission to provincial-level People’s Committees and the Ministry of Agriculture and Rural Development.
2. The Aquatic Resource Exploitation and Protection Department shall assume the prime responsibility for, and coordinate with local fisheries management agencies and concerned agencies in, surveying and determining the severity of harms of alien aquatic organisms; and propose the Ministry of Agriculture and Rural Development to promulgate lists of harmless, likely harmful and harmful alien aquatic organisms.
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