Viet Nam | ABSCH-MSR-VN-237595 | Legislative, Administrative or Policy Measure | Access and Benefit-Sharing Clearing-House

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Legislative, Administrative or Policy Measure (MSR)

published: 12 Jun 2017 last updated: 26 May 2020
General information
Decree No.59/2017/ND-CP on the management of access to genetic resources and the sharing of benefits arising from their utilization
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.
National / Federal
Legally binding
01 Jul 2017
Law
Please see Sample Form 03 in the Annex attached to the Decree
Document details
Amendments
  • ABSCH-MSR-VN-202094-1 Legislative, Administrative or Policy Measure Biodiversity Law (2008)
    CHAPTER V - CONSERVATION AND SUSTAINABLE DEVELOPMENT OF GENETIC RESOURCES


    Section 1 - MANAGEMENT OF AND ACCESS TO GENETIC RESOURCES AND SHARING OF BENEFITS FROM GENETIC RESOURCES

    Article 55. Management of genetic resources

    1. The State uniformly manages all genetic resources in the Vietnamese territory.

    2. The State assigns organizations and individuals to manage genetic resources according to the following provisions:

    a) Conservation area management units and organizations assigned to manage conservation areas shall manage genetic resources in conservation areas;

    b) Heads of biodiversity conservation facilities, scientific research and technological development institutions, and genetic resource storage and preservation establishments shall manage their own genetic resources;

    c) Organizations, households and individuals assigned to manage or use land, forests or water surface shall manage genetic resources assigned to them for management or use;

    d) Commune-level People’s Committees shall manage genetic resources in their localities, except cases specified at Points a, b and c of this Clause.

    Article 56. Rights and obligations of organizations, households and individuals assigned to manage genetic resources

    1. Organizations and individuals assigned to manage genetic resources have the following rights:

    a) To investigate and collect genetic resources assigned to them for management;

    b) To exchange, transfer and supply genetic resources assigned to them for management to other organizations or individuals in accordance with law;

    c) To enjoy benefits shared by organizations or individuals having access to genetic resources under Articles 58 and 61 of this Law.

    2. Organizations and individuals assigned to manage genetic resources have the following obligations:

    a) To notify competent state management agencies of the exchange, transfer or supply of genetic resources to other organizations or individuals for purposes of research and development and production of commercial products;

    b) To enter into contracts on access to genetic resources and benefit sharing with organizations or individuals that are granted licenses for access to genetic resources under Article 59 of this Law;

    c) To control the investigation and collection of genetic resources by organizations and individuals that are granted licenses for access to genetic resources;

    d) To take responsibility before law and competent state management agencies for the management of genetic resources.

    Article 57. Order of and procedures for access to genetic resources 

    The order of and procedures for access to genetic resources are specified as follows: 

    1. Registering access to genetic resources;

    2. Entering into written contracts on access to genetic resources and benefit sharing with organizations, households or individuals assigned to manage genetic resources under Articles 58 and 61 of this Law;

    3. Application for licenses for access to genetic resources under Article 59 of this Law;

    4. The Government shall specify the order of and procedures for access to genetic resources.

    Article 58. Contracts on access to genetic resources and benefit sharing

    1. After making registration, organizations or individuals wishing to access genetic resources shall enter into written contracts on access to genetic resources and benefit sharing with organizations, households or individuals assigned to manage genetic resources.

    2. Contracts on access to genetic resources and benefit sharing must be certified by commune-level People’s Committees of localities where genetic resources are accessed.

    3. A contract on access to genetic resource and benefit sharing must contain the following principal details:

    a) Purpose of access to genetic resources;

    b) Genetic resources to be accessed and volume of genetic resources to be collected;

    c) Place of access to genetic resources;

    d) Plan on access to genetic resources;

    e) The transfer of the results of survey and collection of genetic resources to a third party;

    f) Activities of research and development or production of commercial products using genetic resources;

    g) Participants in research and development or production of commercial products using genetic resources;

    h) Place for conducting research and development or production of commercial products using genetic resources;

    i) Sharing of benefits with the State and related parties, including the distribution of intellectual property rights over invention results on the basis of access to genetic resources and traditional knowledge copyrights on genetic resources.

    4. Contracts on access to genetic resources and benefit sharing must be sent to commune-level People’s Committees of localities where genetic resources are accessed and to state agencies competent to grant licenses for access to genetic resources under Article 59 of this Law.

    5. Disputes over or complaints about access to genetic resources and benefit sharing shall be settled under Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

    Article 59. Licenses for access to genetic resources 

    1. To obtain a license for access to genetic resources, an organization or individual must meet the following conditions: a) Registering with a competent state management agency;

    b) Having signed a contract on access to genetic resources and benefit sharing with the organization, household or individual assigned to manage genetic resources;

    c) Access to genetic resources does not fall into either of the cases specified in Clause 4 of this Article.

    2. A dossier of application for a license for access to genetic resources comprises: a) An application for a license for access to genetic resources;

    b) A copy of the contract on access to genetic resources and benefit sharing with the organization, household or individual assigned to manage genetic resources.

    3. A license for access to genetic resources must contain the following principal details:

    a) Purpose of using genetic resources;

    b) Genetic resources to be accessed and the volume of genetic resources to be collected;

    c) Place of access to genetic resources; d) To-be-carried out activities related to genetic resources;

    e) Periodical reporting on the results of research and development or production of commercial products related to genetic resources to be accessed.

    4. Cases in which a license for access to genetic resources is not granted include:

    a) Genetic resources of species are on the list of endangered rare and precious species prioritized for protection, except cases licensed by competent state agencies;

    b) The use of genetic resources threatens to harm humans, the environment, security, defense or national interests.

    5. In the interest of the country and community, state management agencies competent to grant licenses for access to genetic resources may grant such licenses without having to seek the consent of organizations, households or individuals assigned to manage genetic resources.

    6. The Government shall specify the competence, order of and procedures for granting licenses for access to genetic resources.

    Article 60. Rights and obligations of organizations and individuals that are granted licenses for access to genetic resources

    1. Organizations and individuals licensed for access to genetic resources have the following rights:

    a) To investigate and collect genetic resources and carry out other activities as indicated in their licenses for access to genetic resources;

    b) To take out of the Vietnamese territory genetic resources not on the list of those banned from export under law;

    c) To trade in products made from genetic resources they are licensed to access;

    d) To have other rights as specified in their licenses for access to genetic resources and contracts on access to genetic resources and benefit sharing.

    2. Organizations and individuals licensed for access to genetic resources have the following obligations:

    a) To adhere to the provisions of their licenses for access to genetic resources;

    b) To submit reports to agencies competent to grant licenses for access to genetic resources on the results of research and development or production of commercial products according to the time prescribed in the licenses;

    c) To share benefits with related parties, including the distribution of intellectual property rights over invention results based on their access to genetic resources and traditional knowledge copyrights on genetic resources;

    d) To have other obligations as specified in their licenses for access to genetic resources and contracts on access to genetic resources and benefit sharing.

    Article 61. Sharing of benefits from access to genetic resources

    1. Benefits obtained from access to genetic resources must be shared to the following parties:

    a) The State; b) Organizations, households and individuals assigned to manage genetic resources;

    c) Organizations and individuals licensed for access to genetic resources and related parties as prescribed in the licenses.

    2. Benefits obtained from access to genetic resources must be shared on the basis of contracts on access to genetic resources and benefit sharing and in accordance with relevant laws.

    3. The Government shall specify the management and sharing of benefits obtained from access to genetic resources.

<div><!--block-->Decree No.59/2017/ND-CP is the legal document enacted by the Government of Viet Nam on 12 May 2017 in order to regulate the access to GRs and the sharing of benefits arising from their utilization. The Decree provided guiding implementation of the provisions in Chapter V (Part 1 - Conservation and Sustainable use of Genetic Resources) of the Law on Biodiversity.</div>
EN
Regulatory contact information
- Competent National Authority: ABSCH-CNA-VN-237594-9 | ABSCH-CNA-VN-237594-9
Competent National Authority
Ministry of Natural Resources and Environment ()
Nature and Biodiversity Conservation Agency, Vietnam Environment Administration, Ministry of Natural Resources and Environment Add: B213, Tower B, 10 Ton That Thuyet Street, Nam Tu Liem District
Ha Noi,
, Viet Nam
Phone: +84 24 37956868 (ext. 3117),
Fax: +84 24 39412028,
Amendments
Relationships
Elements of the measure Collapse All Expand All
  SCOPE OF THE MEASURE
  Genetic Resources
-   Animals , -   Plants , -   Fungi , -   Microorganism , -   Domesticated species and/or cultivated species , -   Wild species - found in - In-situ Ex-situ (Article 1. Scope of regulation)
  Provisions on temporal scope ( Article 27. Transitional provisions )
  ACCESS
  Access to genetic resources
  For commercial use ( Article 8. Requirements for entities registering and requesting a license to access genetic resources )
  For non-commercial use ( Article 8. Requirements for entities registering and requesting a license to access genetic resources )
  Provides for the issuance of a permit of its equivalent at the time of access for constituting an internationally recognized certificate of compliance ( Article 24. Disclosure of the internationally recognized certificate of compliance on access to genetic resources and benefit-sharing )
  Established rules and procedures for mutually agreed terms ( Article 10. Negotiate and Sign the Contract for Access to Genetic Resources and Benefit-sharing )
  BENEFIT-SHARING
  Monetary benefits ( Article 21. Types of benefits from the utilization of genetic resources )
  Non-monetary benefits ( Article 23. Sharing of non-monetary benefits )
  For commercial use ( Article 22. Sharing of monetary benefits )
  COMPLIANCE
  Issues related to monitoring the utilization of genetic resources (Article 17) ( Article 25. Report on the implementation of access to genetic resources and benefit-sharing )
  Compliance with mutually agreed terms (Article 18) ( Article 15. Contract for access to genetic resources and benefit-sharing )
  RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS
No provisions for this element
  OTHER
  Competent national authority/ies ( Article 6. Competent national authority to grant, renew and withdraw licenses to access genetic resources )
Additional Information
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