Vietnam Sanitary and Phytosanitary Notification Authority and Enquiry Point

The draft Law has been developed with the aim of defining the powers of central executive authorities in the formation and implementation of state policy regarding the management of invasive alien plant and animal species, as well as other living organisms, and their use across various sectors of economic activity. It also aims to set up legislative provisions concerning the management of alien species, including measures to counteract, prevent, and control their spread; prevent, halt, or mitigate the negative impacts of invasive alien plant and animal species on the environment, local species, biodiversity, economy, and human health; fulfill international obligations and strengthen cooperation with the European Union and the authorities of other foreign states (their competent bodies and organizations) on issues related to invasive alien species. 

The draft Law proposes, in particular, the introduction of the term "invasive alien species" into legislation of Ukraine and the classification of such species as pests. It also includes provisions for establishing procedures for managing invasive alien species, classifying alien species as invasive; approving the official register of invasive alien species in Ukraine; enhancing cooperation with the European Union and the authorities of foreign countries (their competent bodies and organizations) on matters related to invasive alien species.

The draft Law also specifies that invasive alien species listed in the relevant registers of Ukraine and/or the European Union will be subject to regulation for the purposes of import, export, and re-export to control their movement within Ukraine. These species will be governed by the regulatory framework set out by the Laws of Ukraine "On Plant Quarantine" and "On Veterinary Medicine". The importation of such species into Ukraine (including for transit purposes) and the export of invasive alien species listed in the relevant European Union register from Ukraine to the European Union, along with their acclimatization, introduction, cultivation, release into the natural environment, and maintenance and reproduction (breeding, propagation) in open systems, will be prohibited.

The procedure for granting, refusing, reissuing, issuing duplicates, and revoking permits for the use of invasive alien species will be set by the Cabinet of Ministers of Ukraine. A permit will be granted upon request, which must include a justification for the need to use the invasive alien species, a description of the maintenance method, a system for continuous monitoring and control of the spread, a response plan addressing the potential loss of control or spread of the species, a corresponding eradication (destruction) plan. The duration of the permit will be determined based on the potential lifespan of the invasive alien species or the cycle of the economic activity involved. 

The adoption of proposed amendments is in line with Ukraine's obligations under the Convention on Biological Diversity.