Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 32/2006/ND-CP | Hanoi, March 30, 2006 |
ON MANAGEMENT OF ENDANGERED, PRECIOUS AND RARE FOREST PLANTS AND ANIMALS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 3, 2004 Law on Forest Protection and Development;
At the proposal of the Agriculture and Rural Development Minister,
DECREES:
Article 1. Scope of regulation and subjects of application
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2. Subjects of application: State agencies, organizations, households and individuals at home, overseas Vietnamese, foreign organizations and individuals that conduct activities related to management of endangered, precious and rare forest plants and animals in the Vietnamese territory defined in this Decree.
Where treaties which the Socialist Republic of Vietnam has signed or acceded to contain provisions different from those of this Decree, the provisions of such treaties shall apply.
Article 2.- Grouping of endangered, precious and rare forest plants and animals:
1. Interpretation of terms:
Endangered, precious and rare forest plants and animals mean plant and animal species of special economic, scientific or environmental value, surviving in small populations in nature or in danger of extinction, and on the list of endangered, precious and rare forest plants and animals promulgated by the Government.
2. Endangered, specious and rare forest plants and animals are divided into the following two groups (see the list enclosed herewith):
a/ Group I, which consists of those strictly banned from exploitation and use for commercial purposes, including forest plants and animals of scientific or environmental value or high economic value, with very small populations in nature or in high danger of extinction.
Forest plants and animals of group I are divided into:
Group I A, which consists of forest plants.
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b/ Group II, which consists of those restricted from exploitation or use for commercial purposes, including forest plants and animals of scientific or environmental value or high economic value, with small populations in nature or in danger of extinction.
Forest plants and animals of group II are divided into:
Group II A, which consists of forest plants.
Group II B, which consists of forest animals.
1. The State invests in management and protection of endangered, precious and rare forest plants and animals in special-use forests, in salvage of confiscated endangered, precious and rare forest plants and animals.
2. The State provides supports for remedying damage caused by endangered, precious and rare, wild forest animals to organizations located, households and individuals living outside special-use forests, households and individuals lawfully residing in special-use forests (as certified by administrations of communes where such special-use forests exist) according to the provisions of law.
3. The State encourages, assists and assures legitimate rights and interests of organizations, households and individuals that invest in management, protection and development of endangered, precious and rare forest plants and animals.
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Article 4.- Monitoring of development of endangered, precious and rare forest plants and animals
1. People's Committees of all levels shall have to direct and organize the assessment of the actual state of endangered, precious and rare forest plants and animals in their localities; sum up the assessment together with the forest statistics and inventory and monitoring of development of forest resources as specified in Article 32 of the 2004 Law on Forest Protection and Development and the Agriculture and Rural Development Ministry's guidance.
2. The Agriculture and Rural Development Ministry shall assume the prime responsibility for, and coordinate with the Finance Ministry in, directing and guiding the study and assessment of the actual state of endangered, precious and rare forest plants and animals; summing up the assessment nationwide together with the forest statistics and inventory and monitoring of development of forest resources as specified in Article 32 of the 2004 Law on Forest Protection and Development.
Article 5.- Protection of endangered, precious and rare forest plants and animals
1. Forests where endangered, precious and rare forest plants and animals are densely distributed shall be considered for the establishment of special-use forests according to the provisions of law.
Endangered, precious and rare forest plants and animals living outside special-use forests shall be protected according to the provisions of this Decree and current provisions of law.
2. Organizations, households and individuals that carry out activities of production, construction of works, survey, exploration, research, sight-seeing, tourism and other activities in forests home to endangered, precious and rare forest plants and animals shall comply with the provisions of this Decree, law on forest protection and development and law on environmental protection.
3. The following acts are prohibited:
a/ Exploiting endangered, precious and rare forest plants; hunting, trapping, catching, caging and slaughtering endangered, precious and rare forest animals in contravention of the provisions of this Decree and current provisions of law.
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Article 6.- Exploitation of endangered, precious and rare forest plants and animals
1. Exploitation of forest plants and animals of Group I:
Forest plants and animals of Group I shall be exploited only for scientific purposes of research (including purpose of creation of prototype breed sources in service of artificial breeding and culture) and international cooperation.
The exploitation of forest plants and animals of Group
I must not adversely affect the conservation of such species in nature and must be performed under plans approved by the Agriculture and Rural Development Ministry.
2. Exploitation of forest plants and animals of Group II:
a/ Exploitation of forest plants and animals of Group
II in special-use forests:
- They shall be exploited only for purposes of scientific research (including creation of prototype breed sources in service of artificial breeding and culture) and international cooperation.
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b/ Exploitation of forest plants and animals of Group II outside special-use forests:
- Forest plants of Group II A outside special-use forests may only be exploited according to the Regulation on exploitation of timber and other forest products promulgated by the Agriculture and Rural Development Ministry.
- Forest animals of Group II B outside special-use forests may only be exploited for purposes of scientific research (including creation of prototype breed sources in service of breeding) and international cooperation.
The exploitation of forest animals-of Group IIB outside special-use forests must not adversely affect the conservation of such species in nature and must be performed under plans approved by the Agriculture and Rural Development Ministry, for forests managed by centrally-run organizations, or approved by provincial-level People's Committees, for forests managed by local organizations or individuals.
3. The Agriculture and Rural Development Ministry shall assume the prime responsibility for, and coordinate with the Natural Resources and Environment Ministry in, guiding the procedures and order for approving plans on exploitation of endangered, precious and rare forest plants and animals from nature.
Endangered, precious and rare forest plants and animals exploited from nature and products thereof from nature, when being transported or stored, must comply with the following regulations:
1. There must be sufficient papers proving lawful exploitation origins according to the provisions of Article 6 of this Decree and other papers according to the current provisions of law on handling of material evidences employed in violations (for cases where endangered, precious and rare forest plants and animals and products thereof are confiscated in administrative or criminal cases).
2. Transportation of endangered, precious and rare forest animals and products thereof out of provinces or centrally-run cities shall require special transportation permits granted by provincial-level forest ranger offices.
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Article 8.- Development of endangered, precious and rare forest plants and animals
1. Artificial culture of endangered, precious and rare forest plants; breeding and rearing of endangered, precious and rare forest animals shall comply with the provisions of law on management of export, import, re-export, introduction from the sea, transit, artificial culture and breeding of endangered wild plant and wild animal species.
2. The exploitation, transportation and storing of endangered, precious and rare forest plants and animals, which are artificially reared or cultured, and products thereof must be accompanied with documentary proofs of origin according to the provisions of law on export, import, re-export, transit, introduction from the sea, artificial culture and breeding of endangered wild plant and wild animal species.
1. It is strictly prohibited to process or trade in endangered, precious and rare forest plants of group I A, and endangered, precious and rare forest animals of Group I B and Group II B exploited from nature and products thereof for commercial purposes (except for the cases specified in Clause 2 of this Article).
2. It is permitted to process or trade in the following objects for commercial purposes:
- Endangered, precious and rare forest animal species originating from artificial breeding and products thereof; endangered, precious and rare forest animal species of Group II B which are material evidences confiscated according to the State's current regulations as they can no longer be salvaged and released into the environment.
- Endangered, precious and rare forest plants of Group I A which are material evidences confiscated according to the State's current regulations; endangered, precious and rare forest plants of Group II A exploited from nature and those originating from artificial culture.
Organizations and individuals that process or trade in endangered, precious and rare forest plants and animals for commercial purposes must satisfy the following requirements:
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b/ Endangered, precious and rare forest plants and animals and products thereof are of lawful origin according to the provisions of Articles 6, 7 and 8 of this Decree.
c/ They open books for monitoring the actual receipt and delivery of endangered, precious and rare forest plants and animals and products thereof according to the Agricultural and Rural Development Ministry's regulations, and submit to the supervision and inspection by forest ranger offices according to current provisions of law.
Article 10.- Handling of violations
1. Organizations and individuals that commit acts of violating this Decree's provisions on management of endangered, precious and rare forest plants and animals shall, depending on the nature and seriousness of their violations, be administratively handled. Violating individuals may be examined for penal liability according to current provisions of law.
2. Violations' material evidences and proofs being endangered, precious and rare forest plants and animals and products thereof shall be managed and handled according to the provisions of law on handling of administrative violations and law on criminal procedures and the following provisions:
a/ Live plants and animals which are temporarily seized in the course of handling must be given proper care and salvage for their safety.
b/ Live plants and animals which are temporarily seized and certified by quarantine offices to be affected with diseases which may spread into epidemics shall be immediately culled according to current provisions of law.
1. In any cases where forest animals threaten to harm people's property or life; organizations, households or individuals should first apply measures to drive away such animals without harming them.
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Presidents of district-level People's Committees shall personally direct the trapping and hunting of endangered, precious and rare forest animals for self-defense purpose when they attack and threaten to harm people's life.
For particularly precious and rare animals such as elephant (Elephas maximus), rhinoceros (Rhinoceros sondaicus), tiger (Panthera tigris), leopard (Panthera pardus), nebulose leopard (Neofelis nebulosa), bear (Ursus (Helarctos) malayanus; Ursus (Selenarctos) thibetanus), gayal (Bos gaurus), gray gaur (Bos sauveli), Javanese gaur (Bosjavanicus), owre (Bubalus arnee), presidents of provincial-level People's Committees should be reported for consideration. Where it is impossible to apply other measures (driving away or moving them to other forests) to protect people's life, presidents of provincial-level People's Committees shall decide to permit the application of measures of trapping or hunting for self-defense after obtaining consent of the Agriculture and Rural Development Minister and the Natural Resources and Environment Ministry.
Organizations assigned to trap or hunt endangered, precious and rare forest animals for self-defense when such animals attack and threaten to harm people's life shall be responsible for keeping intact the scenes and make written records for handling and reporting to immediate superior authorities within 5 working days.
a/ Where trapped or hunted forest animals die or are incurably wounded, written records thereon shall be made for handover of such animals to scientific research institutions for use as specimens in service of training and research or for hygienic cull.
b/ Where trapped or hunted forest animals are curably wounded, they shall be transferred to forest animal salvage establishments or local forest ranger offices for care until they recover and are released into forests.
c/ Where trapped or hunted forest animals are in good health, they shall be promptly released into forests planned as special-use forests (nature conservation zones, national parks) where exist their habitats.
All cases of trapping or hunting of endangered, precious and rare forest animals in contravention of the provisions of this Article shall be regarded as violating the State's regulations on management of endangered, precious and rare forest animals and handled according current provisions of law.
Article 12.- Rights and obligations of forest owners
Forest owners shall have the rights and obligations currently provided for by law. They shall also have the following rights and obligations toward endangered, precious and rare forest plants and animals:
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2. To be supported and protected by the State regarding their legitimate rights for and interests from investment in management, protection and development of endangered, precious and rare forest plants and animals.
3. To work out and realize plans on management, protection and development of endangered, precious and rare forest plants and animals on forest and forest land areas allocated to them.
4. To monitor and report to competent state agencies on the actual state of endangered, precious and rare forest plants and animals according to the provisions of Points a and b, Clause 2, Article 32 of the Law on Forest Protection and Development on forest and forest land areas allocated or leased by the State.
5. To issue internal protection rules, and post them up for every forest where endangered, precious and rare forest plants and animals exist.
Article 13.- Responsibilities to guide and implement
1. The Agriculture and Rural Development Ministry shall have the responsibilities:
a/ To guide, organize and inspect the implementation of this Decree.
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2. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies and presidents of provincial/municipal People's Committees shall have to implement this Decree.
Article 14.- Implementation effect
1. This Decree takes effect 15 days after its publication in "CONG BAO."
2. This Decree replaces the Council of Ministers' Decree No. 18/HDBT of January 17, 1992, promulgating the list of precious and rare forest plants and animals and the regime of management and protection thereof, and the Government's Decree No. 48/2002/ND-CP of April 22, 2002, amending and supplementing the list of precious and rare forest plants and animals and the regime of management and protection thereof, promulgated together with the Council of Ministers' No. 18/HDBT of January 17, 1992.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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Ordinal number
Scientific names
PINOPHYTA
1
Cupressus torulosa
2
Taiwania cryptomerioides
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Xanthocyparis vietnamensis
4
Abies delavayi fansipanensis
5
Pinus kwangtungensis
6
Taxus wallichiana (T. baccata wallichiana)
7
Glyptostrobus pensilis
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MAGNOLIOPHYTA
Magnoliopsida
8
Berberis julianae
9
Berberis wallichiana
10
Diospyros salletii
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Dalbergia tonkinensis
12
Coptis chinesis
13
Coptis quinquesecta
Liliopsida
14
Anoectochilus spp.
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Paphiopedilum spp.
I B. Forest animals
Ordinal number
Scientific names
MAMMALIA
Dermoptera
1
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Primates
2
Nycticebus bengalensis (N. coucang)
3
Nycticebus pygmaeus
4
Pygathrix cinerea
5
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6
Pygathrix nigripes
7
Rhinopithecus avunculus
8
Trachypithecus barbei (T. phayrei)
9
Trachypithecus delacouri
10
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11
Trachypithecus hatinhensis
12
Trachypithecus poliocephalus
13
Trachypithecus villosus (T cristatus)
14
Nomascus (Hylobates) concolor
15
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16
Nomascus (Hylobates) leucogenys
17
Nomascus (Hylobates) nasutus
Carnivora
18
Cuon alpinus
19
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20
Ursus (Selenarctos) thibetanus
21
Lutra lutra
22
Lutra sumatrana
23
Lutrogale (Lutra) perspicillatra
24
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25
Arctictis binturong
26
Catopuma (Felis) temminckii
27
Felis chaus
28
Pardofelis (Felis) marmorata
29
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30
Prionailurus (Felis) viverrina
31
Neofelis nebulosa
32
Panthera pardus
33
Panthera tigris
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34
Elephas maximus
Perissodactyla
35
Rhinoceros sondaicus
Artiodactyla
36
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37
Cervus eldii
38
Megamuntiacus vuquangensis
39
Muntiacus truongsonensis
40
Moschus berezovskii
41
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42
Bosjavanicus
43
Bos sauveli
44
Bubalus arnee
45
Naemorhedus (Capricornis) sumatraensis
46
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Lagomorpha
47
Nesolagus timinsi
AVES
Pelecaniformes
48
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49
Pseudibis davisoni
50
Platalea minor
Gruiformes
51
Grus antigone
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52
Polyplectron bicalcaratum
53
Polyplectron germaini
54
Rheinardia ocellata
55
Pavo muticus
56
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57
Lophura edwardsi
58
Lophura hatinhensis
59
Lophura imperialis
60
Lophura nycthemera
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Squamata
61
Ophiophagus hannah
Testudinata
62
Cuora trifasciata
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Scientific names
PINOPHYTA
1
Cephalotaxus mannii
2
Calocedrus macrolepis
3
Calocedrus rupestris
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Fokienia hodginsii
5
Keteleeria evelyniana
6
Pinus dalatensis
7
Pinus krempfii
8
Taxus chinensis
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Cunninghamia konishii
Cycadopsida
10
Cycas spp.
MAGNOLIOPHYTA
Magnoliopsida
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Panax bipinnatifidum
12
Panax stipuleanatus
13
Panax vietnamensis
14
Asarum spp.
15
Markhamia stipulata
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Afzelia xylocarpa
17
Arythrophloeum fordii
18
Sindora siamensis
19
Sindora tonkinensis
20
Codonopsis javanica
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Garcinia fagraeoides
22
Dalbergia cochinchinensis
23
Dalbergia oliveri (D. bariensis, D. mammosa)
24
Pterocarpus macrocarpus
25
Cinnamomum balansae
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Cinnamomum glaucescens
27
Cinnamomum parthenoxylon
28
Coscinium fenestratum
29
Fibraurea tinctoria (F. chloroleuca)
30
Stephania spp.
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Thalictrum foliolosum
32
Excentrodendron tonkinensis (Burretiodendron tonkinensis)
Liliopsida
33
Disporopsis longifolia
34
Lilium brownii
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Polygonatum kingianum
36
Dendrobium nobile
37
Nervilia spp.
IIB. Forest animals
Ordinal number
Scientific names
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MAMMALIA
Chiroptera
1
Pteropus vampyrus
Primates
2
Macaca arctoides
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3
Macaca assamensis
4
Macaca fascicularis
5
Macaca leonina (M. nemestrina)
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Macaca mulatta
Carnivora
7
Vulpes vulpes
8
Canis aureus
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Mustela kathiah
10
Mustela nivalis
11
Mustela strigidorsa
12
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13
Viverra zibetha
14
Viverricula indica
15
Prionodon pardicolor
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16
Chrotogale owstoni Artiodactyla
17
Tragulus javanicus
18
Tragulus napu
Rodentia
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19
Hylopetes alboniger
20
Hylopetes lepidus
21
Hylopetes phayrei
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Hylopetes spadiceus
23
Petaurista elegans
24
Petaurista petaurista
Pholydota
25
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26
Manis pentadactyla
AVES
Ciconiiformes
27
Ciconia episcopus
28
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Anseriformes
29
Cairina scutulata
Gruiformes
30
Houbaropris bengalensis
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31
Spilornis cheela
32
Polihierax insignis
Galiformes
33
Arborophila davidi
34
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Cuculiformes
35
Carpococcyx renauldi
Columbiformes
36
Columba punicea
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37
Collocalia germaini
Coraciiformes
38
Buceros bicornis
39
Annorhinus tickelli
40
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41
Aceros undulatus
Psittaformes
42
Psittacula eupatria
43
Psittacula finschii
44
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45
Psittacula alexandri
46
Loriculus verlanis
Strigiformes
47
Tyto alba
48
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49
Ketupa zeylonensis
Passeriformes
50
Copsychus malabaricus
51
Garrulax formosus
52
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53
Garrulax milleti
54
Garrulax vassal/'
55
Garrulax yersini
56
Gracula religiosa
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Squamata
57
Varanus bengalensis (V. nebulosa)
58
Varanus salvator
59
Python curtus
60
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61
Python reticulatus
62
Elaphe radiata
63
Ptyas mucosus
64
Bungarus candidus
65
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66
Bungarus multicinctus
67
Bungarus fasciatus
68
Naja naja
Testudinata
69
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...
70
Heosemys grandis
71
Hieremys annandalii
72
Mauremys annamensis
73
Indotestudo elongata
74
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Crocodylia
75
Crocodylus porosus
76
Crocodylus siamensis
AMPHIBIAN
...
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77
Paramesotriton deloustali
INSECTA
Coleoptera
78
Dorcus curvidens
79
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80
Dorcus antaneus
81
Eurytrachelteulus titanneus
82
Cheriotonus battareli
83
Cheriotonus iansoni
84
...
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Lepidoptera
85
Teinopalpus aureus
86
Teinopalpus imperalis
87
Troides helena ceberus
88
...
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89
Phyllium succiforlium
- 1 Decree No. 160/2013/ND-CP of November 12, 2013, on criteria to determine species and regime of managing species under list of endangered, precious and rare species prioritized protection
- 2 Decree No. 06/2019/ND-CP dated January 22, 2019 on management of endangered, precious and rare species of forest fauna and flora and observation of Convention on International Trade in Endangered Species of Wild Fauna and Flora
- 3 Decree No. 06/2019/ND-CP dated January 22, 2019 on management of endangered, precious and rare species of forest fauna and flora and observation of Convention on International Trade in Endangered Species of Wild Fauna and Flora
- 1 Decision No. 79/2007/QD-TTg of May 31, 2007, approving the national action plan on biodiversity up to 2010 and orientations towards 2020 for implementation of the convention on biological diversity and the cartagena protocol on biosafety.
- 2 Law No. 29/2004/QH11 of December 03rd, 2004, on forest protection and development.