Thuchien Conguoc vn

Analysis and Assessment on Implementing the Biodiversity International Treaties of VietnamDai Lai, 15 April 2006: 

Analysis and Assessment on Implementing the Biodiversity International Treaties of Vietnam Dai Lai, 15 April 2006

Introduction on the Biodiversity International Treaties that was signed and joined by Vietnam: 

Introduction on the Biodiversity International Treaties that was signed and joined by Vietnam

United Nations Convention of Biodiversity - UNCBD: 

United Nations Convention of Biodiversity - UNCBD This is a framework Convention and adopted in Rio de Janero (Brazin), become effective from 29/12/1993. Ministry of Natural Resources and Environment is a national focal point office that assist Government in organizing to carry out the Convention. The main purpose of Convention: Biodiversity Conservation; Sustainable using the components of Biodiversity; Equitable sharing the benefits that gained from utilization of biology resources.

United Nations Convention on Biodiversity - UNCBD: 

United Nations Convention on Biodiversity - UNCBD The main contents of Convention: Biodiversity conservation and sustainable utilization of biodiversity resources; Sovereignty on biodiversity resources and responsibilities in the international cooperation on the biodiversity conservation; Importing genetic sources, biotechnology transfer and intelligence property; Organizing; Measures on biodiversity protection, scientific research and training; education and public awareness; Scientific-technological cooperation, financial mechanism... for the biodiversity protection in over the World.

Cartagena Protocol on Biology Security: 

Cartagena Protocol on Biology Security Has been adopted in Montreal on 29/1/2000 in the special meeting of the partners who joining the Biodiversity Convention. It was approved by Vietnam on 21/1/2004 and become effective since 20/4/2004. The main purposes of Protocol: Promoting biology security based on: Establishing the rules and practice procedure for the transfer, processing and using in safety of the genetic change species; Specially focusing on regulate the transport in the border between two countries.

The International Importance of Wetlands Convention, especially the habitas of water living birds – Ramsar Convention: 

The International Importance of Wetlands Convention, especially the habitas of water living birds – Ramsar Convention Has adopted in Ramsar (Iran) on 2/2/1971, become effective since 21/12/1975. Vietnam joined in this Convention from 20/1/1989. Up to 7/10/1997 There have 103 member countries of Convention. The main purposes of Convention: Conservation and utilization in understanding way to the wetlands that have an importance such as the place of water living birds. The type of admitted wetlands consist of: Ocean (underwater coral place and inshore islands); Estuarine (plain, swamp, mangrove forest); Rivers (wetlands along the river, streams).

Convention on International Trade of Extinct Species - CITES: 

Convention on International Trade of Extinct Species - CITES Has been adopted in 1973 in Washington DC (USA), become effective since 1/7/1975. Vietnam has joined since 29/1/1994. Recently, there have 175 countries and territories joined in this Convention. Ministry of Agriculture and Rural Development is a national focal point office and steering the implementation of this Convention. The understanding on trade concept: Export, Re-export, Import and import through maritime way. The purpose of Convention: managing the international trading of extinct species.

United Nations Convention on Combat Desertification (UNCCD): 

United Nations Convention on Combat Desertification (UNCCD) Has completed on 6/1994; Signed countries in Paris on 14-15/10/1994. Vietnam become the 134th member of UNCCD on 25/8/1998. Become effective in Vietnam since 23/11/1998. Purposes of Convention: Combating desertification and reducing drought in the areas which effected from serious desert and drought; Applying the effective measures and international supporting for the influence countries of drought and desertification disasters.

Convention on the World Natural and Cultural Heritages Protection 1972 (WHC): 

Convention on the World Natural and Cultural Heritages Protection 1972 (WHC) Has adopted under the support of UNESCO on 16/11/1972. Vietnam has approved this Convention on 19/10/1987. Cultural heritage: relics; reunite relics; landscapes; Natural heritage: the structures of nature and biology that have the special values on aesthetics, science; geological and natural geographical structures, natural landscapes… that have a special values at international level on the science or conservation aspects. Purposes of Convention: Protecting the mentioned heritages for the next generations. Registering the importance cultural and natural areas at the list of World Heritages.

Other Related Treaties: 

Other Related Treaties Manila Declaration on the Environment of ASEAN region (1981); Bangkok Declaration on the Environment (1984); Declaration of ASEAN on the National Park and Conservation Areas (Bangkok, 1984, Revised in 2004); Agreement on the Natural Conservation and Natural Resources (Kuala Lumpur, 1985); Jakarta Resolution (1987); Kuala Lumpur Agreement on the Environment and Development (1990); Singapore Resolution on the Environment and Development (1992); Hanoi Action Program (1998) on “The Vision 2020”…

Slide11: 

COMPATIBILITY ASSESSMENT BETWEENT LEGAL REGULATIONS ON BIODIVERSITY OF VIETNAM WITH THE REQUIREMENTS OF THE INTERNATIONAL TREATIES ON THE BIODIVERSITY

BIODIVERSITY CONVENTION: 

BIODIVERSITY CONVENTION Most of requirements has been satisfied: Building, strategy adjustment, action plan on the conservation and safety utilization of biodiversity; Building the conservation areas system; Prevent the import activities and control or annihilate the strange species; Environmental impact assessment on the projects that caused the negative influences to the biodiversity; Promoting and encouraging knowledge on the importance and measures of biodiversity conservation; Especially requirements on controlling the strange species.

BIODIVERSITY CONVENTION: 

BIODIVERSITY CONVENTION Some requirements are not sufficient carried out such as: Combining the conservation activities and biodiversity sustainable utilization into the plans, programs and policies of the branches and inter-branches; Restoring and recovering the conservation areas that was degraded; Promoting and enhancing the cooperation in science and technology through the information exchange mechanism… There is different degree in carrying out requirements. At the level of promulgating the common regulations as principles. Just providing in the documents that have a low legal values.

Cartagena Protocol: 

Cartagena Protocol Almost of requirements has been provided in the Regulations on the biology security management for the genetic change species… However, this is simply a Decision of Prime Minister so there is a long distance in applying process. Some requirements has been comprehensive carrying out: Applying the necessary measures in controlling transport of genetic change species through border; Regulations on import procedure of genetic change species. Several old documents is also ensured the conformity with requirements. For example, Ordinance on protection and quarantine of plants 2001. In the Law of Environmental Protection, there is a specific Article on the biology safety; The Law on Forest Protection and Development regulated on the controlling import activities of the forest plants and animals species. Classifying the cultivated plant and livestock species in the Regulations on controlling biology safety.

Cartagena Protocol: 

Cartagena Protocol Some requirements are not sufficient applied : Risks assessment; Increasing human resources and institution capacity on the biology safety; Rising awareness, education and participation of the community… Some requirements are not applied: For the genetic change species, responsibility of export side is must informed to the import side before transport these species through the border; The responsibility of import side is must consider and confirm acknowledgment for the export side; Have responsibilities to provide the regulations for the Center of biology safety exchange information on the application of genetic change species that should be use for human food or livestock breeding or processing…

Ramsar Convention: 

Ramsar Convention Most of requirements has been acquired and implementing: Propose at least one wetlands for nominating to the list of International Wetlands Areas; Building and implementing the plans to enhance the conservation of wetlands areas; Nominate the people who have responsibility in protection of the natural conservation areas… Promulgate the registration and management criteria for the conservation areas. Some requirements with recommend purpose are also developing: The participated side through management will try to grow the number of water birds in the appropriate wetlands areas.

Ramsar Convention: 

Ramsar Convention Dealing with the general managing wetlands areas: Decree 109/2003/ND-CP on the conservation and sustainable development of wetlands areas; The Action plan on the protection and sustainable development for the wetlands areas in the period of 2004-2010, in aiming at: To meet the requirements of socio-economic development; Famine cancellation and poverty reduction; Protect the natural resources, environment and biodiversity. The other law has been mentioned in each aspects of conservation, exploitation, utilization and developing wetlands resources and wetlands ecosystem.

CITES CONVENTION: 

CITES CONVENTION Most of requirements has been acquired: The common Regulations in Law of Aquatic Production, Law of Forest Protection and development, Law of Environment Protection, Laws on Criminal… The List of precious and rare animals and plants (Decree 48/CP); Managing the wild animals and plants export and import activities (Decree 11/CP). The National Action Plan on increasing control of wild animals and plants trading activities. Ministry of Agriculture and Rural Development is a national focal point and have responsibility in contact and working with the Secretary Board of CITES, the member countries, the international organizations to fulfill the CITES Convention in Vietnam.

CITES CONVENETION: 

CITES CONVENETION Has been built 3 Centers of Wild Animal Rescue in: Hanoi, Da Nang and Hochiminh city; Has been established Vietnam CITES Office at the Forestry Control Agency attached to Ministry of Agriculture and Rural Development. Institution of Ecosystem and Biology Resource-IEBR (National Center for Natural Science and Technology); Center for Research on Environment and Sources-CRES (Hanoi National University), these are two scientific authority on CITES that have functions on scientific consultancy for the CITES managing authority organizations of Vietnam. The manpower for implementing CITES Convenetion and the related legal documents in Vietnam that is a forestry control manpower. The police, customs, market managers, environment managers... Closed coordinate with the forestry control force to improve acitivities on wild animals and plants protection.

CONVENTION ON COMBAT DESERTIFICATION (CCD): 

CONVENTION ON COMBAT DESERTIFICATION (CCD) In implementing requirements is still a lot of limits. Have not a specific documents. The Law of Land, Law of Forest Protection and Development, Law of Environment Protection… there are only common regulations. The land owner have responsibility on implementing the measures on land protection; The protection forests will mainly be used for protecting the water resources, lands, anti-erosion, combat desertification... The National Action Program on the Combat Desertification has not been approved. Some requirements is still not mentioned in the legislation and practice: Building the synchronic measures to solve the physics, biology, socio-economic issues of the desertification process; Overcome the reasons that caused desertification and pay attention to the socio-economic factors impact this process; Create the legal environment through enhancing the validity of the existing legal documents, promulgate new laws, policies and action programs for the long term…

WORLD HERITAGE CONVENETION: 

WORLD HERITAGE CONVENETION Some requirements has been acquired: The world natural heritage values should be considering as basics for the planning of natural conservation areas; Determination, protection, conservation, restoration and recovering heritages should be carry out by appropriate measures on the legal, science, technology, administration and finance; Has been admitted two world natural heritages; inventorying the cultural and natural properties of these heritages in the territory of Vietnam. The Law on Cultural Heritage has been meeting the requirement on issuing a common policy to improve functions of the cultural and natural heritages in the living of community…

Proposal and Suggestion on Building the Biodiversity Law: 

Proposal and Suggestion on Building the Biodiversity Law

THE VIEWPOINTS AND DIRECTIONS OF BUILDING BIODIVERSITY LAW THAT CONFORMITY WITH THE REQUIREMENTS OF INTERNATIONAL TREATY: 

THE VIEWPOINTS AND DIRECTIONS OF BUILDING BIODIVERSITY LAW THAT CONFORMITY WITH THE REQUIREMENTS OF INTERNATIONAL TREATY The law on biodiversity should be a legal document that highly providing for the requirements of international treaties, it is direct related to the biodiversity. The requirements of International Treaties has not been acquired in any legal documents. So there need be step by step to bring it into this legal document. The requirements of International Treaties has been acquired in other legal documents, it could be deal with in Biodiversity Law but have to ensuring the the more detail levels. The requirement of International Treaties has been acquired in submitting legal documents that need to “upgrading” the legal values.

SPECIFIC PROPOSALS: 

SPECIFIC PROPOSALS Requirements on controlling the strange species; Genetic sources conservation; Combining the conservation activities and biodiversity sustainable utilization into the plans, programs and policies of the branch and inter-branches; Building the measures and manners for restoring, recovering the degradation ecosystems, threatened species; Forming the mechanism on the information exchange to improve and create favorable conditions for the scientific and technological cooperation... Step by step forming the mechanism on sharing impartial and equality the benefits from using the biology resources follow the guidance of Biodiversity Law.

SPECIFIC PROPOSALS: 

SPECIFIC PROPOSALS The Biodiversity Law acquired more complete for the requirements on the importing and transiting animals, plants, microbiology and also for the storing transporting the genetic change species and their products…; Evaluating risks and overcome the consequences of risks from the genetic change species; The responsibility of export and import sides in transport through border the genetic change species… Overall managing the wetlands; conservation and sustainable development of the wetlands areas need to acquire in regulations on the conservation of ecosystem diversity in Biodiversity Law. Requirements on the managing import and export activities and transit the wild animals need to acquire in the species diversity conservation contents of the Biodiversity Law.

SPECIFIC PROPOSALS: 

SPECIFIC PROPOSALS Requirements on the synchronous methods to solve the physics, biology, socio-economic issues of the desertification process; overcome the reasons that leading to the desertification and pay attention to the socio-economic factors that influence to the desertification process… these should be need to acquire in regulations on the ecosystem diversity conservation of the Biodiversity Law. The Biodiversity Law need to more specific acquire the requirements on the basics for the planning natural conservation areas; building the appropriate measures on the legislation, science, technology, administration and finance for the protection, conservation, restoring and recovering the natural heritages… Diversify the biodiversity conservation institutions, increasing the role of community (civil society) and the non-public economic components in biodiversity conservation activities.

Slide27: 

Thank you for your attention!