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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 02 Nov 2017
Interim national report of Vietnam on the implementation of the Nagoya Protocol
CHM-NFP-VN-210113-4
ABS National Focal Point
Dr. (Ms.) Nhan Thi Thanh Hoang
This document has been updated. This is not the latest published version.
Click here to view the latest version of the record.
To view the current National Focal Point information, click
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Yes
Yes
Vietnam has issued some documents on ABS management:
*) Legal documents:
- Law on Biological Diversity No. 20/2008/QH12 dated November 13, 2008 of the National Assembly of the Socialist Republic of Vietnam (hereinafter referred to as the Law on Biodiversity);
- Decree No. 65/2010/ND-CP dated on June 11, 2010 of the Government detailing and guiding the implementation of a number of articles of the Biodiversity Law; (Provisions 18,19,20 on ABS no longer in effect)
- Decree No. 59/2017/ND-CP dated May 12, 2017 of the Government on the Management of Access to Genetic Resources and the Sharing of Benefits Arising from Their Utilization (taking effect on July 1, 2017 and substituting provisions in Articles 18, 19 and 20 of the Decree No. 65/2010/ND-CP);
- Decree No. 155/2016/ND-CP of the Government dated on November 18, 2016 on sanctioning of administrative violations in the field of environmental protection.
*) Policy documents:
- Decision No. 1250/QD-TTg dated July 31, 2013 of Prime Minister approving the National Biodiversity Strategy to 2020, vision to 2030.
- Decision No. 1141/QD-TTg dated June 27, 2016 of Prime Minister approving the master scheme “Capacity building on the management of access to genetic resources and fair and equitable sharing of benefits arising from their utilization for 2016-2025.
Yes
As provided at Article 5 of Decree No. 59/2017/ND-CP, the Government of Vietnam assigns the Ministry of Natural Resources and Environment as the National Focal Point for the implementation of the Nagoya Protocol.
The Ministry of Natural Resources and Environment is the state agency maily responsible to the Government for the implementation of state management of biodiversity (Article 2, Article 6 of the Law on Biodiversity) and also the National Focal Point for the Convention Biodiversity. Therefore, that the Ministry is assigned by the Government as the national focal point for the implementation of the Nagoya Protocol is appropriate and and there is no difficulty in such an appointment. However, the main challenge for the national focal point is the national database on biodiversity used for its management is still dispersed in many agencies and organizations. The information system and reporting regime on genetic resources in general and on ABS have not been established and operated effectively.
Yes
As provided at Article 6 of Decree No. 59/2017/ND-CP, the Government of Vietnam appointed two National Competent Authorities to grant, extend and withdraw licenses for access to genetic resources:
- The Ministry of Agriculture and Rural Development is to grant, extend and withdraw licenses for access to genetic resources of plant varieties, livestock breeds, aquatic breeds and forest tree varieties;
- The Ministry of Natural Resources and Environment is to grant, extend and withdraw licenses for remaining cases.
- The appointment is in line with the two ministries’ functions and responsibilities.
No selection made
No
Vietnam is currently developing ABS clearing house planned to be operation by the end of 2017.
Since Vietnam just adopted ABS regulations recently, plus the topic is quite new, there are a number of challenges to implement the regulations. It is crucially important to promulgate ABS principles and its major contents to all levels, there is a need for guidance and capacity building and awareness raising activities for communities and related stakeholders.
Not applicable, since no access requirements are in place
No
Provisions on the internationally recognized certificate of compliance on ABS is included in Article 24 of Decree No. 59/2017/ND-CP. Vietnam is currently developing ABS clearing house planned to be operation by the end of 2017.
Yes
In Vietnam, the appointment of check points as provided for in Article 17 is difficult due to limited expertise in the field of biodiversity (for example, some agencies in charge of intellectual property rights and customs… do not have in-depth understanding about biodiversity and are not assigned to perform management of biological diversity relevant tasks, they are not either authorized to monitor access activities to genetic resources and the sharing of benefits their-of.
Given the above mentioned difficulties, Decree 59/2017/ND-CP has not yet possible to assign the customs, IP offices... as checkpoints. Currently, three main checkpoints being defined include: designated competent state agencies (Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development) and Local People's Committees.
No additional information provided
In Vietnam, biodiversity is a cross-sector issue. Some main difficulties are:
- GRs management is being assigned to different functional Governmental bodies, thus usually takes time to coordinate.
- ABS is quite a new issue to Vietnam; the national competent authorites are gaining experiences through the handling of the applications. Therefore, capacity building is one of the focal areas in the implementation strategy of the Protocol.
- There seems to be a strong need for coordination among different Government agencies to work on ABS issue such as the IP offices and the customs for better management of GR and the utilization theirof.
- Database for GR is not yet available; information is scattered in individual collections. Huge investment is needed to have a systematic GR database, while the national financial situation is quite limited.
Yes
Order and procedures for accessing genetic resources and contents related to license to access genetic resources are provided in Articles 8, 9, 12 and 13 of Decree No. 59/2017/ND-CP.
Yes
Decree No. 59/2017/ND-CP in Article 10 stipulates Accessor of genetic resources shall negociate to come to agreement and sign a contract on access to genetic resources and benefit sharing with Provider. In detail:
The contract shall be implemented as a civil contract; its contents shall follow the sample form prescribed in the Annexes to Decree No. 59/2017/ND-CP; when the provider and accessor reach agreement and sign the contract, it should be certified by the Commune People's Committee where genetic resources shall be accessed; the contract is valid only after the competent state agency issues a license for access to genetic resources. In addition, there are provisions on the implementation of the contract when the license for access to genetic resources expires or is withdrawn.
Disputes and claims related to access to genetic resources and benefit sharing from the use of genetic resources shall be settled according to provisions of Vietnamese law and international treaties of which the Socialist Republic of Vietnam is a member.
Yes
Decree No. 59/2017/ND-CP specifies procedures for submitting applications: Submit directly at the head office of the competent state agency; send by post or register electronically.
Yes
Decree No. 59/2017/ND-CP specifies time and responsibilities of competent state agencies in granting certifying documents or refusing applications for access to genetic resources; deciding to or not to grant a license to access genetic resources.
Yes
Decree No. 59/2017/ND-CP stipulates that competent state agencies are eligible to grant licenses for access to genetic resources for valid application after evaluation and appraisal.
0
Vietnam has not granted any license for access to genetic resources.
Yes
Vietnam has provided detailed regulations on contracts for access to genetic resources and benefit sharing in Article 15 and Sample Form No.3 in Annexes of the Decree No. 59/2017/ND-CP.
Yes
Yes
Training, scientific exchange, publications
Since the Protocol came into force, domestic and foreign individuals and organizations have been more aware of compliance in accession to and utilization of genetic resouces. Specifically, they look for information about the national competent agencies, contact them, discuss about the case in order to understand the responsibilities they need to take. A large number of non-commercial scientific research agreements have been discussed and agreed upon; specific non-monetary benefits have, as a result, been shared among the two parties during the implementation phase.
No additional information provided
For Vietnam, even though a contract form is available in the Decree with some conditions made compulsory, the negotiation capacity of GR providers is generally weak. Therefore, it is very important to build capacity of the GRs providers, as well as increase their awareness of biodiversity values, and the rights they have over those GRs.
Yes
These regulations are detailed in Articles 21, 22 and 23 of Decree No. 59/2017/ND-CP with the following contents: Types of benefits from the use of genetic resources; methods to share monetary and nono-moneytary benefits.
Yes
Decree No. 59/2017/ND-CP stipulates in:
- Point b, Clause 3, Article 22: Providers who are organizations, households and individuals assigned to manage genetic resources shalle be shared 50% of monetary benefits specified in Clauses 1 and 2 of this Article.
- Clause 2, Article 23: Beneficiaries of non-monetary benefits, including: Providers, domestic partners of Accessors who are foreign organizations and other related individuals and organizations.
No
No additional information provided
Even though there are some provisions within the Decree on benefit sharing requirements. However, Vietnam is encountering some difficulties in sharing benefits arising from the use of traditional knowledge. A more detailed guidance should be developed in the future. It is recommended that CBD secretary should provide more guidance on this topic and compile international experiences for sharing of knowledge among parties.
Yes
Yes
- Decree No. 59/2017/ND-CP stipulates that applications for licenses for access to genetic resources must include contracts on access to genetic resources and benefit sharing signed between Accessors and Providers of genetic resources.
- In cases where the parties fail to comply, provisions on sanctioning of administrative violations shall be applied as prescribed in Decree No. 155/2016/ND-CP (Article 44 on sanctioning violations of regulations on the management, access to genetic resources and sharing of benefits from genetic resources).
A license for access to genetic resources shall be withdrawn when one of the following cases is detected by the competent state agency:
- Organizations and individuals have provided fake information to have a license for access to genetic resources granted.
- Access to and use of genetic resources have led to harmful impacts to human, the environment, security, defense and interests of Vietnam;
- Genetic resources accessed to and used are not subject of the license.
- Other violations as prescribed by law.
No
Yes
Yes
No
At Point i, Clause 3, Article 58, the Law on Biodiversity, 2008 stipulates: a Contract on access to genetic resources and benefit sharing must include the following contents: "Sharing benefits with the State and other stakeholders. Include also the allocation of intellectual property rights for creative results based on access to genetic resources and traditional knowledge of genetic resources"
Yes
An application for a license for access to genetic resource is required to include a contract on access to genetic resources and benefit sharing certified by the Commune People's Committee. In cases where there is no certification by the Commune People's Committee, such application is considered invalid and not eligible for a license for access to genetic resources.
No
No
Not selected
As stipulated in the Decree (Article 25) about the information sharing mechanism, there will be an exchange of information between the check points with related parties. However, there is no license granted or ABS contracts signed so far (only some non-monetary benefits to be shared among parties as part of their on-going cooperation), this regulation has not been implemented in practice .
Yes
Article 25, Decree No. 59/2017/ND-CP provides for the reporting on results of access to genetic resources and benefit sharing.
Yes
After the introduction of Decree 59/2017/ND-CP, competent state agencies have been developing online public service activities for related administrative procedures:
+ The Ministry of Natural Resources and Environment is developing online public services for registering and submitting applications for licenses to access genetic resources electronically. In addition, the Ministry is developing a circular on reporting on the use of genetic resources, including report forms and procedurs for electronic filing to reduce costs.
+ The Ministry of Agriculture and Rural Development has launched online public services for registering and submitting applications for access to genetic resources on websites of the licensing agencies (OSS)
No additional information provided
The current regulations under Decree 59/2017/ND-CP assign the monitoring activities to be performed by three major entities: two national competent authorities (NCA), local people’s committes (LPC).
However, the LPC has a limited number of officials that are responsible for biodiversity and environmental management; in addition, their qualifications are not yet capacipated to perform the job. For that reason, it is needed to involve other sectors such as IP offices and the customs for better management of GR and the utilization theirof.
Furthermore, once the GRs have been transferred out of the territory, it is important to have an international system that works to help countries keep track of the GRs (where it has been used, by whom and at which stage the product is)… it could be a recommendation to the CBD to provide more proper tools in order to enhance effectiveness of monitoring compliance and follow/track utilization of GRs.
Not applicable, since no access requirements are in place
Yes
Decree No. 59/2017/ND-CP at Clause 5, Article 15 stipulates that disputes and claims related to access to genetic resources and benefit sharing from the use of genetic resources shall be settled according to provisions of Vietnamese law and international treaties to which Vietnam is a party
Yes
Currently, Vietnam is developing a clearing house on ABS. It is expected that the clearing house will be in operation and create a database of related legal regulations for reference of related parties when a dispute arises.
Yes
Specific provisions are provided in clause 5, Article 5 of Decree 59/2017/ND-CP.
No
No additional information provided
A contract form is issued in the current legislation, however Vietnam is quite inexperience in this aspect. Therefore, model template and even examples (if possible) to be shared will be of great use for countries.
Yes
Decree No. 59/2017/ND-CP provides for the facilitation of promoting and encouraging non-commercial research:
- Time to evaluate an application for a license to access genetic resources for non-commercial research is 30 days compared to 90 days for applications for access to genetic resources for commercial production. (Article 13)
- There are provisions for shortened procedures of licensing applied for the transfer of genetic resources abroad for study and research purposes, not for commercial purposes submitted by Vietnamese pupils, students, doctoral students and scientific and technological organizations (Article 20 ).
Yes
Specified in Clause 5, Article 59, the Law on Biodiversity, 2008
No
No
No additional information provided
Yes
Yes
As stipulated in Article 55 of the Biodiversity Law, the management of genetic resources is assigned to different targeted groups who shall act as providers of genetic resources in ABS agreements. Accordingly, a Commune People's Committee (4th targeted group) is considered as representative of indigenous and local communities in such commune.
Yes
As specified in Articles 10 and 11 of Decree 59/2017/ND-CP, a Contract on access to genetic resources need to be certified by the Commune People's Committee for any genetic resources related transactions/access activities taking place in such commune.
No
No
No
No
No selection made
Yes
Some information related to associated TK for the ulitization of GRs are required to be provided in the request from for Access Licence (Form 2), Model contract (Form 3) under the Decree 59.
Yes
A separate legal document on ABS to TK is being developed, that will for sure contain requirements for mutually agreed terms between the users and the community and/or the local, indigenous people.
Yes
Same as above, model contractual clauses are now available for ordinary access to GRs, and will be developed for cases of accession to associated TK.
Yes
In Vietnam provisions on registering and applying for a license to access genetic resources are not applied to Vietnamese organizations, individuals wishing to access, exchange and use genetic resources for non-commercial purposes within the Vietnamese territory. The exception is to promote the exchange, research, conservation and promotion of precious knowledge that is being handed down. (Article 4, 6 of the Decree 59)
No selection made
No additional information provided.
As provided above, there are still some inconsistency between the Law on Biodiversity (ABS regulations) and the Law on Intellectual Property Rights (IP regulations) in Vietnam. Therefore, it is sometimes difficult to define the IP rights over traditional knowledge associated with GRs. There has been a report by the UNCTAD on the IP and CBD Protocol on GRs made available recently, but hands-on training as well as more detailed guidance documents are crucially needed by the SCBD.
Yes
Decree No. 59/2017/ND-CP stipulates in:
- Clause 4, Article 4: The sharing of benefits from the use of genetic resources must be fair and equitable among related parties and the sharing shall contribute to effective management of biological resources, promotion of scientific research and commercialization of genetic resources, focusing on the role of local communities in conservation and sustainable use of genetic resources.
- Clause 3, Article 20: 50% to 70% of monetary benefits from the use of genetic resources shall be remitted to the State budget for use in conservation and sustainable use of biodiversity.
No answer provided
The implementation of the Nagoya Protocol on ABS has facilitated Vietnam in developing a solid legal basis for the protection of rights and equitable benefits of providers of genetic resources and traditional knowledge of genetic resources. Meanwhile, public awareness on genetic resource has been improved the application of genetic resources and traditional knowledge on genetic resources has been promoted contributing to improved life quality of communities and to conservation and sustainable use of national biodiversity resources.
No additional information provided.
Yes
There is no experience of a real case. But Vietnam is willing to join/cooperate with other Parties in view to implementing the Protocol.
Not applicable, since there are no indigenous and local communities in my country
Yes
No additional information provided
Yes
Decree No.59/2017/ND-CP provides a sample form for contract on access to genetic resources and benefit sharing in Form 3, Annexes of the Decree.
Yes
Vietnam is developing a Guideline for Access to Genetic Resources and Benefit Sharing and a set of questions and answers on access to genetic resources and benefit sharing.
No additional information provided
There is a need for sharing model template of succedded cases among the countries.
Yes
Yes
- Vietnam is developing a clearing house on ABS.
- Workshops to raise awareness about the importance of genetic resources and traditional knowledge related to genetic resources and issues related to access and benefit sharing have been organized in collaboration of related parties.
- Materials to raise awareness about the importance of genetic resources and traditional knowledge related to genetic resources and issues related to access and benefit sharing have been published and distributed.
Yes
Yes
- Decision No. 1141/QD-TTg dated June 27, 2016 of Prime Minister is to approve the project “Capacity building on the management of access to genetic resources and fair and equitable sharing of benefits arising from their utilization for 2016-2025.
- Decision No. 1671/QD-TTg dated September 28, 2015 the Prime Minister is to approve the Program for Conservation and Sustainable Utilization of Genetic Resources by 2025, vision to 2030.
- Workshops to introduce Vietnam's joining to the Nagoya Protocol and guidance for the implementation of access to genetic resources and benefit sharing in Vietnam have been organized in collaboration of related parties.
- Meetings with local authorities on access to genetic resources and benefit sharing in localities have been carried out.
- Materials related to capacity building on access to genetic resources and benefit sharing have been published and distributed.
Yes
Vietnam is implementing the project "Capacity Building for the Approval and Implementation of the Nagoya Protocol on Access to Genetic Resources and Benefit Sharing in Vietnam". The project is funded by the Global Environment Facility (GEF) through the United Nations Development Program (UNDP) and to be implemented from 2016 to 2019. The objective of the project is to contribute to conservation and sustainable use of globally significant biodiversity in Vietnam by strengthening national capacity in the implementation of the Nagoya Protocol on Access to Genetic Resources and Benefit Sharing to gurantee a fair and equitable sharing of benefits from genetic resources.
In addition, Vietnam has been receiving technical technical assistance from international organizations such as the Asean Center for Biodiversit (ACB), the United Nations Conference on Trade and Development (UNCTAD), etc. to effectively implement the Nagoya Protocol.
Yes
Share information, experience in policy formulation and enforcement with other countries
No additional information provided
After becoming a member to the Nagoya Protocol on ABS, Vietnam has cooperated with different national and international organizations to conduct workshops on ABS contents. However, there have not been a structured program for capacity building and awareness raising developed for different target groups (business, communities, and researchers).
Yes
After joining the Nagoya Protocol, the National Focal Point has also cooperated with organizations such as UNCTAD and Traffic to study interactions between ABS with Biotrade and Fair wild forward contributions to conservation and sustainable use of genetic resources.
No additional information provided
Vietnam has set up a fundamental legistrative system for ABS management in order to customize and integrate provisions of the Nagoya Protocol into Vietnam context and regulations. However, the main challenge is those regulations are new introduced and have not gone deeply into practice. Viet Nam is actively providing guidance for the implementation, strengthening management capacity, raising awareness of communities and stakeholders.
Yes
Every year, Vietnam allocates funds from environment budget to perform the task of coordinating the implementation of biodiversity related international agreements of which Vietnam is a member.
Yes
Yes
Yes
No information provided
Along with the state budget, Viet Nam has called for support from international organizations such as the Global Environment Facility, the Asean Center for Biodiversity, and others (IDLO, UNEP, UNDP, etc.) in order to implement provisions of the Nagoya Protocol. Vietnam is currently implementing the project "National Capacity Building for the Implementation of ABS" (funded by GEF through UNDP)
Yes
Less than 5
No information provided
The format of this report is designed logical and scientific covering all contents and provisions of the Nagoya Protocol. This interim report should provide necessary information to the Secretariat and used for synthesis, analysis and evaluation of the implementation of the Nagoya Protocol by member countries.
