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Legislative, Administrative or Policy Measure (MSR)
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last updated: 21 May 2019
General information
Guidance Document for the Implementation of Decree 59/2017/ND-CP on access to GRs and benefit sharing from utlization of GRs
In Vietnam, the utilization of GRs is of significant importance as the economy is heavily dependent on natural resources. GRs play a great role and importance in many social aspects, bringing out enormous economic values and providing great potential contributions to the national economic development if applied and managed well. ABS, as a way to promote access to GRs for their utilization and the sharing of resulting benefits, could benefit both users and providers. It ensures that GRs shall be accessed and utilized in a way that maximize benefits of the two parties, ecosystems and communities where GRs are found.
Companies and research institutions seek access to GRs for different types of utilization, from scientific research to the development of commercial goods that contribute to human life such as food, medicine, cosmetics, natural ingredients and new varieties of plants. Providers agree with access to GRs and shall receive in return fair and equitable sharing of benefits from the utilization of GRs. Ideally a part of these benefits are used to enhance conservation and sustainable use of biodiversity. The sharing of monetary and non-monetary benefits can contribute significantly to poverty reduction and sustainable development. In 2008, the National Assembly of Vietnam passed the Law on Biodiversity which consists Chapter V on sustainable use of GRs, later, in May 2017, the Government passed the Decree number 59/2017/ND-CP on regulating access to GRs and sharing of benefits from utilization of GRs. This document focuses on guiding the implementation of Decree 59, aiming to explain basic concepts and requirements for organizations and individuals which seek access to GRs in Vietnam. This material also contains detailed instruction, orders and procedures for registration, negotiation, signature of contract and licensing and benefit sharing from utilization of GRs.
National / Federal
Not legally binding
16 May 2019
Explanatory Information
No
Document details
Amendments
EN
Regulatory contact information
- Competent National Authority: | ABSCH-CNA-VN-237594-5 This document has been updated. This is not the latest published version. Click here to view the latest version of the record.
Competent National Authority:
Ministry of Natural Resources and Environment ()
Biodiversity Conservation Agency, Vietnam Environment Administration, Ministry of Natural Resources and Environment Add: Office B213, Tower B, 10 Ton That Thuyet Street, Nam Tu Liem District
Hanoi,
, Viet Nam
Phone: +84 24 3795 6868 (ext. 3113),
Fax: +84 24 39412028,
Amendments
Relationships
  • ABSCH-MSR-VN-237595-1 Legislative, Administrative or Policy Measure Decree No.59/2017/ND-CP on the management of access to genetic resources and the sharing of benefits arising from their utilization This document has been updated. This is not the latest published version. Click here to view the latest version of the record.
    Some highlights:
    - Sets out Principles that encourage domestic research and fair and equitable benefit-sharing;
    - Designates the Ministry of Agriculture and Rural Development and Ministry of Natural Resources and Environment as competent national authorities;
    - Imposes requirement to register and request an access license on any foreign individual/organization for any purpose, and any domestic individual/organization for commercial purposes or when transferring genetic resources abroad;
    - Establishes a 5-step process to access genetic resources: 1. register with CNA, 2. negotiate and sign contract with Provider, 3. request certification from Commune-level People's Committee, 4. submit dossier requesting access license to CNA, 5. provide any additional information to finalize dossier if requested by CNA.
    - Sets out clear timelines for submissions by applicants and decision-making by authorities at each step;
    - Sets out separate requirements for Vietnamese students, doctoral students and science and technology organizations wishing to transfer genetic resources abroad;
    - Outlines possible monetary and non-monetary benefits, while setting minimum benefit-sharing of 1% total annual revenue of products, and 2% the value of such transfer from the use of IP rights.
    - Distributes monetary benefits when Provider is a State entity (30% to Provider entity, 70% to State Budget) or individua/household/organization assigned to manage genetic resources by the State (50% to Provider, 50% to State Budget). 
    - Monetary benefits paid to the State Budget to be used for conservation and sustainable use of biodiversity. 
    - Ministry of Natural Resources responsible for publishing information on access licenses to the national database within 5 working days, and ABS Clearing-house of the SCBD within 15 working days to act as the IRCC.
Elements of the measure The elements of the measure are not applicable for this measure.
Additional Information