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Primer informe nacional sobre la aplicación del Protocolo de Nagoya
(NR1)
last updated: 16 jul. 2026
Información general
01 jul. 2017
31 mar. 2026
Parte II- Estructuras institucionales para la aplicación del Protocolo
Sí
ES
According to Clause 1, Article 5 of Decree No. 59/2017/ND-CP dated May 12, 2017 of the Government: The Ministry of Natural Resources and Environment, now the Ministry of Agriculture and Environment, is the national focal point for the implementation of the Nagoya Protocol encountered.
EN
Sí
ES
According to Clause 2, Article 23 of Government Decree No. 43/2026/ND-CP dated January 26, 2026, amending and supplementing a number of articles of decrees in the field of nature conservation and biodiversity, the Chairman of the Provincial People's Committee decides to grant Access to Genetic Resources (ABS) permits (previously, the Ministry of Natural Resources and Environment and the Ministry of Agriculture and Rural Development (now the Ministry of Agriculture and Environment) had the authority to grant Access to Genetic Resources (ABS) permits as stipulated in Article 6 of Government Decree No. 59/2017/ND-CP dated May 12, 2017, on the management of access to genetic resources and benefit sharing from the use of genetic resources). Currently, Vietnam has 34 provinces and centrally-administered cities. Therefore, Vietnam currently has 34 competent authorities to issue ABS permits.
EN
Sí
ES
No
ES
No
ES
The mechanism for controlling compliance with regulations on access to genetic resources and benefit sharing is primarily through intellectual property registration mechanisms. Accordingly, Vietnam's Intellectual Property Law stipulates that a patent will be revoked in the following cases: “A patent application for an invention directly based on genetic resources or traditional knowledge about genetic resources fails to disclose or inaccurately discloses the origin of the genetic resources or traditional knowledge about genetic resources contained in the application,” and “…an invention directly based on genetic resources or traditional knowledge about genetic resources, where the patent application fails to disclose or inaccurately discloses the origin of the genetic resources or traditional knowledge about genetic resources."
EN
Parte III – Medidas sobre acceso a recursos genéticos (artículo 6)
Las preguntas sobre las disposiciones del artículo 6 referidas a los pueblos indígenas y las comunidades locales figuran en la Parte VIII del presente formato de presentación de informes.
Sí
ES
< Vietnam's legal framework for access to genetic resources and benefit sharing (ABS) is relatively comprehensive, clearly reflecting the principle of national sovereignty over genetic resources, while also internalizing the obligations of the Nagoya Protocol. This system is established on the foundation of key legal documents, including: the 2008 Biodiversity Law, amended and supplemented by the Law amending and supplementing a number of articles of 15 laws in the fields of agriculture and environment in 2025; Decree No. 59/2017/ND-CP, amended and supplemented by Decree No. 43/2026/ND-CP, along with related guiding documents and regulations. Firstly, the Biodiversity Law establishes the principle of unified state management of all genetic resources within Vietnam's territory, while clearly defining the rights and obligations of entities entrusted with managing these resources. Accordingly, organizations and individuals entrusted with managing genetic resources have the right to benefit from the sharing of benefits arising from accessing these resources, while also having the responsibility to control and monitor the access activities of users. This regulation provides an important legal foundation for establishing a benefit-sharing mechanism consistent with the requirements of the Nagoya Protocol. Regarding access to genetic resources, Vietnamese law clearly stipulates the entities required to apply for permits, including foreign organizations and individuals, and domestic organizations and individuals in cases of commercial access or exporting genetic resources abroad. Simultaneously, the law also specifies cases where permits are not granted to ensure biosecurity, environmental protection, and national interests. These regulations clearly demonstrate the principle of controlling access to genetic resources through an administrative licensing mechanism, consistent with the requirement of "prior informed consent" (PIC). At the sub-legal level, the Decree on ABS (Abbreviation, Access to Genetic Resources) details the procedures for granting, renewing, and revoking permits for access to genetic resources, as well as the requirements for documentation, assessment processes, and responsibilities of competent authorities. In particular, recent amendments have significantly decentralized licensing authority to provincial People's Committees, thereby enhancing the flexibility and accessibility of the management system while also requiring consistency and enforcement capacity at the local level. Furthermore, Vietnamese law also specifically regulates the benefit-sharing mechanism, including both monetary and non-monetary benefits. Notably, the percentages for sharing monetary benefits are relatively clearly defined (for example, a minimum of 1% of revenue for commercial products and a minimum of 2% for the transfer of intellectual property rights), creating a specific quantitative mechanism that contributes to increased transparency and feasibility in implementation.>
EN
Sí
ES
Sí, en todos los casos
ES
Under Viet Nam’s ABS legal framework, access to genetic resources is subject to prior informed consent (PIC). Any organization or individual seeking access to genetic resources must obtain permission from the competent authority before access can take place. As part of the licensing process, the applicant is required to negotiate and conclude an access and benefit-sharing (ABS) contract with the genetic resource provider. The contract sets out mutually agreed terms (MAT), including provisions on benefit-sharing and the rights and obligations of the parties. The signed contract forms an integral part of the application dossier submitted to the competent authority for consideration and approval. Accordingly, access to genetic resources in Viet Nam is subject to prior informed consent in all cases covered by the ABS legislation.>
EN
Sí
ES
Viet Nam has established clear and transparent rules and procedures governing access to genetic resources under its ABS legal framework. The legislation specifies the conditions for access, the competent authorities responsible for licensing, the application procedures, required documentation, and the rights and obligations of both providers and users of genetic resources. The legal framework also provides clear requirements for mutually agreed terms (MAT) and benefit-sharing arrangements. It specifies both monetary and non-monetary benefits arising from the utilization of genetic resources. For products developed from the utilization of genetic resources, the monetary benefit-sharing rate must not be less than 1% of the total annual revenue generated from such products. For the transfer of genetic resources, derivatives of genetic resources, or the utilization of intellectual property rights arising from the use of genetic resources, the provider is entitled to receive no less than 2% of the total transfer value or the total proceeds derived from the exercise of such intellectual property rights as stipulated in Articles 21 and 22 of Government Decree No. 59/2017/ND-CP dated May 12, 2017, on the management of access to genetic resources and benefit sharing from the use of genetic resources
EN
Sí
ES
Viet Nam provides information on how to apply for prior informed consent (PIC) through its ABS legal framework. Decree No. 59/2017/ND-CP, as amended and supplemented by Decree No. 43/2026/ND-CP, sets out detailed provisions on the procedures for access to genetic resources and benefit-sharing, including the competent authorities, application dossiers, licensing procedures, processing timelines, and conditions for granting access permits. The legislation also includes requirements for negotiating and concluding an access and benefit-sharing (ABS) contract with the genetic resource provider as part of the licensing process. These legal provisions provide potential users with clear guidance on how to obtain prior informed consent and comply with ABS requirements before accessing genetic resources in Viet Nam
EN
Sí
ES
Sí
ES
Viet Nam provides for clear and transparent written decisions by the competent national authority regarding access to genetic resources. Applications for access are reviewed and decided by the competent authority in accordance with the procedures established under Article 23 and 27 of Decree No. 59/2017/ND-CP, as amended and supplemented by Decree No. 43/2026/ND-CP. Access to genetic resources is granted through a written permit issued by the competent authority. The permit specifies key information, including the applicant, the genetic resources to be accessed, the purpose of access, the approved activities, the validity period, and the rights and obligations of the permit holder. Decisions on the issuance, reissuance, extension, amendment, or revocation of permits are also made in writing and are subject to the procedures prescribed by law. This licensing system ensures transparency, legal certainty, and accountability in the decision-making process for access to genetic resources.
EN
Sí
ES
At the time of access, the user of genetic resources must be granted a license in accordance with the plan on access to genetic resources approved by the competent state agency
EN
12
ES
Vietnam has granted 08 licenses to access genetic resources for research for commercial purposes and commercial product development; 04 licenses to access genetic resources for non-commercial research; 154 licenses to send genetic resources abroad for non-commercial study/research
EN
Sí
ES
Sí
ES
Viet Nam has established legal rules and procedures for requiring and establishing mutually agreed terms (MAT) as part of its ABS framework. Under Decree No. 59/2017/ND-CP, as amended and supplemented by Decree No. 43/2026/ND-CP, an access and benefit-sharing (ABS) contract between the genetic resource user and the provider is a mandatory component of the application dossier for access to genetic resources. Access permits can only be granted after the parties have negotiated and concluded such a contract. The legislation also provides guidance on the contents of the ABS contract, including provisions on benefit-sharing, the rights and obligations of the parties, the use and transfer of genetic resources and derivatives, intellectual property rights, reporting requirements, and dispute settlement. In addition, standard contract templates are provided to facilitate negotiations and promote consistency in the implementation of mutually agreed terms. These provisions ensure that mutually agreed terms are established through a transparent and legally recognized process prior to granting access to genetic resources
EN
Sí
ES
The implementation of Article 6 has provided several important lessons and insights for Viet Nam.
A key achievement has been the establishment of a clear legal and institutional framework for access to genetic resources. The ABS legislation provides defined procedures for obtaining prior informed consent (PIC), negotiating mutually agreed terms (MAT), and issuing access permits. The use of standardized ABS contract templates and the establishment of minimum benefit-sharing rates have enhanced legal certainty, transparency and consistency in implementation. These measures have facilitated the processing of access applications and contributed to the implementation of the Nagoya Protocol in practice.
Experience from the implementation of commercial ABS cases has demonstrated that a clear legal framework can support the generation of both monetary and non-monetary benefits. Several access permits have resulted in benefit-sharing arrangements, including revenue-based monetary benefits, research collaboration, technology transfer, capacity-building and scientific publications involving Vietnamese researchers.
However, implementation remains limited in scale. The number of commercial access permits is still relatively low compared to the country’s biodiversity potential. One of the main challenges is the limited awareness and understanding of ABS requirements among potential users, providers and local authorities. In addition, the administrative and technical capacity for ABS implementation remains uneven across different levels of government.
Another challenge relates to monitoring and data collection. Although reporting obligations are established in the legal framework, information on the utilization of genetic resources and the actual flow of benefits is not yet systematically collected through a national database. As a result, the assessment of ABS outcomes still relies largely on case-by-case reporting.
A further challenge concerns traditional knowledge associated with genetic resources. While general principles have been recognized in national legislation, specific mechanisms for community prior informed consent, mutually agreed terms with communities, and benefit-sharing arrangements involving traditional knowledge have not yet been fully developed.
These experiences highlight the importance of strengthening implementation capacity, improving monitoring systems, enhancing awareness among stakeholders, and developing a more comprehensive data management system to support effective implementation of the ABS framework in Viet Nam.>
Parte IV – Medidas sobre participación justa y equitativa en los beneficios (artículo 5)
Sí
ES
Viet Nam has established legal measures requiring that benefits arising from the utilization of genetic resources be shared with the provider of such resources. Under the national ABS framework, access to genetic resources is subject to the conclusion of an access and benefit-sharing (ABS) contract between the user and the provider. The contract must include mutually agreed terms on benefit-sharing and forms a mandatory part of the application dossier for obtaining an access permit. The legislation provides for both monetary and non-monetary benefits. For products developed from the utilization of genetic resources, the provider is entitled to receive a share of the benefits, including a minimum monetary benefit-sharing rate based on revenues generated from commercialization. The legal framework also contains provisions on benefit-sharing arising from the transfer of genetic resources, derivatives of genetic resources, and intellectual property rights resulting from the utilization of genetic resources. These measures ensure that benefit-sharing obligations are established prior to access and continue to apply to subsequent utilization and commercialization of genetic resources.>
EN
Sí, en cierta medida
ES
In Vietnam, the rate of monetary benefit sharing for products created from the use of genetic resources is not less than 1% of the total annual revenue of such product and the provider being an organization, household or individual assigned to manage genetic resources is entitled to share 50% of the benefits in cash; 50% of the benefits in cash and remitted into the state budget to be used for the conservation and sustainable use of biodiversity. In case the provider is a state-owned non-business unit, the sharing rate is 30% and 70%, respectively. Vietnam currently lacks specific regulations on benefit-sharing mechanisms for local or indigenous communities as independent stakeholders. However, existing regulations on access to genetic resources and benefit-sharing apply to all parties legally providing genetic resources, including organizations, households, and individuals entrusted by the State with managing these resources. Therefore, in cases where local communities or members of those communities are legally entrusted with managing genetic resources according to the law, they may still benefit from the use of these resources under general benefit-sharing regulations.
EN
No
ES
Currently, Viet Nam does not have specific legal measures to ensure that benefits arising from the utilization of traditional knowledge associated with genetic resources are shared with the indigenous peoples and local communities holding such knowledge. Although the national ABS framework establishes benefit-sharing requirements for the utilization of genetic resources, it does not yet provide specific provisions on prior informed consent (PIC), mutually agreed terms (MAT), or benefit-sharing arrangements relating to traditional knowledge associated with genetic resources held by indigenous peoples and local communities. In practice, no ABS permit involving traditional knowledge associated with genetic resources has been granted. A pilot initiative supported under the Nagoya Protocol implementation project developed community PIC and MAT arrangements with the Red Dao community in Ta Phin, Lao Cai Province; however, this arrangement has not yet resulted in an ABS permit and has not been replicated on a broader scale. Therefore, specific measures to ensure benefit-sharing from the utilization of traditional knowledge associated with genetic resources have not yet been established in Viet Nam.
EN
Parte V – Medidas relativas al cumplimiento de la legislación o requisitos reglamentarios nacionales sobre APB (artículos 15 y 16) y vigilancia de la utilización de recursos genéticos (artículo 17)
Sí
ES
Vietnamese legislation provides that "The State of Viet Nam exercises sovereign rights over all genetic resources within its national territory." Accordingly, the utilization of genetic resources within the national territory is subject to prior informed consent (PIC) and mutually agreed terms (MAT) in accordance with Viet Nam's ABS legislation. At present, Viet Nam has not yet established a specific and comprehensive mechanism to monitor or verify compliance with the PIC and MAT requirements under the ABS legislation of other provider countries. This is an issue that requires further study and legal development in the coming period.>
EN
No
ES
To date, Viet Nam has not detected or formally handled any cases of non-compliance involving the utilization of genetic resources within its jurisdiction that required enforcement action under Article 15 of the Nagoya Protocol. Accordingly, no administrative, civil or criminal proceedings have been initiated in relation to such cases. Nevertheless, compliance is promoted through the national ABS permit system, contractual requirements on mutually agreed terms (MAT), and the oversight responsibilities of the competent national authorities under the Law on Biodiversity and its implementing legislation. Viet Nam continues to strengthen institutional capacity and considers further development of compliance monitoring mechanisms as implementation of the Nagoya Protocol progresses.
EN
No
ES
To date, Viet Nam has not been involved in any specific cases requiring cooperation with other Parties concerning alleged violations of ABS measures relating to genetic resources under Article 15 of the Nagoya Protocol. Consequently, no requests for international cooperation, information exchange or mutual assistance have been received or initiated in relation to such cases. Nevertheless, Viet Nam remains committed to cooperating with other Parties through the Access and Benefit-sharing Clearing-House (ABS-CH) and other channels established under the Nagoya Protocol should such cases arise in the future.
EN
Sí, en cierta medida
ES
Viet Nam has taken measures to recognize and protect traditional knowledge associated with genetic resources. The Law on Biodiversity defines traditional knowledge associated with genetic resources as the knowledge, experience and innovations of local people relating to the conservation and utilization of genetic resources. The law also provides for the protection of rights relating to traditional knowledge associated with genetic resources and encourages organizations and individuals to register such rights. In addition, Article 64 of the Law on Biodiversity provides that the State shall protect rights over traditional knowledge associated with genetic resources and assigns the Ministry of Science and Technology to guide the registration procedures for such rights. However, while traditional knowledge associated with genetic resources is recognized and protected in principle, Viet Nam has not yet established comprehensive ABS-specific mechanisms relating to prior informed consent (PIC), mutually agreed terms (MAT), and benefit-sharing arrangements involving indigenous peoples and local communities holding such knowledge. As a result, the implementation of Article 12 of the Nagoya Protocol remains partial
EN
No
ES
Viet Nam has not encountered any cases of non-compliance relating to access to traditional knowledge associated with genetic resources. To date, no cases have been reported or brought to the attention of the competent authorities. As Viet Nam has not yet established a comprehensive legal framework governing access to traditional knowledge associated with genetic resources, including specific requirements on prior informed consent, mutually agreed terms and compliance measures, no enforcement actions have been undertaken in this regard.
EN
No
ES
Viet Nam has not cooperated with other Parties in any specific cases concerning alleged violations of ABS measures relating to traditional knowledge associated with genetic resources. This reflects the fact that no such cases have arisen to date and that Viet Nam has not yet established a comprehensive legal framework for ABS relating to traditional knowledge associated with genetic resources. Should such a framework be further developed and relevant cases arise in the future, Viet Nam will cooperate with other Parties in accordance with the Nagoya Protocol and applicable national legislation
EN
No
ES
Viet Nam has not formally designated checkpoints under Article 17 of the Nagoya Protocol. Consequently, there is currently no specific mechanism requiring users of genetic resources to provide the information referred to in Article 17.1(a)(i) to designated checkpoints. Although users may be required to submit information and reports to competent authorities under the national ABS framework, these reporting obligations are not linked to a checkpoint system as envisaged under Article 17 of the Nagoya Protocol. Therefore, Viet Nam has not established a checkpoint-based mechanism for collecting information on the utilization of genetic resources
EN
Sí
ES
Vietnam stipulates that it is mandatory for the user of genetic resources to report the results of the use of genetic resources according to the granted license and the signed contract
EN
Sí, en cierta medida
ES
Decree No. 59/2017/ND-CP amended and supplemented in Decree No. 43/2026/ND-CP stipulates a specific reporting form, whereby users of genetic resources need to report on the results of using genetic resources to competent agencies
EN
The report form ensures transparency and convenience for genetic resource users in the process of making reports. However, reporting still depends heavily on the compliance of the party using the genetic resources.
Parte VI – Medidas sobre el cumplimiento de condiciones mutuamente acordadas (artículo 18)
Se alienta a las Partes a que, al completar esta sección, coordinen a nivel nacional para aprovechar el conocimiento y la experiencia de otras instituciones que se ocupan de cuestiones de derecho contractual, derecho internacional privado o medidas nacionales relacionadas con el acceso a la justicia (decisión NP-3/1, párrafo 22).
Sí, en cierta medida
ES
Viet Nam's ABS legislation provides that disputes and complaints relating to access to genetic resources and the sharing of benefits arising from their utilization shall be settled in accordance with the laws of Viet Nam and the international treaties to which the Socialist Republic of Viet Nam is a Party. In addition, Viet Nam has established general legal mechanisms for the settlement of contractual disputes, including negotiation, mediation, arbitration, and judicial proceedings, as well as the recognition and enforcement of foreign court judgments and foreign arbitral awards. However, these mechanisms are of general application and have not been specifically designed to address disputes arising from mutually agreed terms (MAT) in the context of access and benefit-sharing (ABS)
EN
Sí, en cierta medida
ES
Vietnam has provisions in the Civil Code to settle disputes related to ABS contracts
EN
Sí, en cierta medida
ES
Vietnam has taken measures related to access to justice in the field of ABS, mainly through the common legal system on civil, administrative and commercial dispute resolution. Under Vietnamese law, disputes arising from genetic resource access and benefit-sharing (MAT) contracts can be resolved through negotiation, mediation, arbitration or court, in accordance with civil and commercial law. The legal system also allows for the recognition and enforcement of judgments, court decisions and arbitral awards, including cases with foreign elements, in accordance with relevant legal procedures. However, these mechanisms are not specifically designed for ABS. There is currently no specific regulation on access to justice within the framework of the Nagoya Protocol, nor is there a specific mechanism to support stakeholders, especially local communities, in exercising their right to request benefit-sharing or protection of traditional knowledge. Therefore, although general access to justice mechanisms exist, the specialized legal framework for ABS remains limited
EN
No
ES
Viet Nam has not adopted specific measures to implement Article 18.3(b) of the Nagoya Protocol regarding the utilization of mechanisms for the mutual recognition and enforcement of foreign judgments and arbitral awards in relation to access and benefit-sharing (ABS) disputes. In addition, the Vietnamese legal system contains general provisions governing the recognition and enforcement of foreign court judgments and foreign arbitral awards in accordance with domestic legislation and applicable international treaties. Nevertheless, these general legal mechanisms have not been specifically developed or applied for ABS-related disputes, and no such cases have arisen in Viet Nam to date.
EN
Vietnam has not yet enacted specific measures within the framework of the ABS regarding the use of mechanisms of mutual recognition and enforcement of foreign judgments and arbitral awards as required by the Nagoya Protocol.
Although Vietnamese law has general provisions on the recognition and enforcement of judgments and decisions of foreign courts and foreign arbitral awards under the law on civil procedures and commercial arbitration, these provisions are generally applicable and are not specifically designed for disputes arising from contracts for access to genetic resources and benefit-sharing (MAT).
Therefore, it can be argued that Viet Nam has not established specific measures to implement its obligations under Article 18.3(b) of the Nagoya Protocol, although in principle the common legal mechanisms can still be applied in practice.
Parte VII – Medidas relativas a consideraciones especiales (artículo 8)
Sí
ES
For non-commercial research activities, Viet Nam applies a separate procedure for Vietnamese organizations and individuals wishing to transfer genetic resources abroad for educational or scientific research purposes that are not intended for commercial use. Compared with the procedure for obtaining a Genetic Resource Access Permit, the application dossier is simplified, assessment by an appraisal council is not required, and the processing time is reduced to seven working days from the date of receipt of a complete and valid application. Authorization is granted by the Chairperson of the Provincial People's Committee on the basis of documentation demonstrating that the educational or scientific research purpose has been approved by the competent authority. (Article 27 of Decree No. 43/2026/ND-CP
EN
Sí, en cierta medida
ES
Viet Nam's ABS legal framework has taken initial steps to address emergency situations. However, the relevant provisions are not explicitly incorporated into ABS legislation but are provided in other legal instruments. Existing ABS regulations mainly focus on administrative procedures, while specific and clearly defined mechanisms for access and benefit-sharing in emergency situations have yet to be developed
EN
No
ES
Viet Nam has given initial consideration to current or imminent emergencies that threaten or damage human, animal or plant health. However, such consideration is not explicitly incorporated into the ABS legal framework. Relevant provisions are addressed under other sectoral legislation governing public health, animal health, plant protection, disaster prevention and control, and emergency response
EN
No
ES
Food and agricultural issues are governed by laws on crop production, animal husbandry, fisheries, forestry, plant varieties, animal breeds, and genetic resource conservation
EN
Parte VIII – Medidas relacionadas con los pueblos indígenas y las comunidades locales (artículos 6, 7 y 12)
Sí
ES
In Vietnam, there are 54 ethnic groups, each of which has its own cultural identity, associated with development history, indigenous knowledge and specific ecological conditions
EN
Sí, en cierta medida
ES
In Viet Nam, the right of local communities to allow access to genetic resources does not depend on the community having to prove intellectual property rights, but is implemented through the prior consensus mechanism (PIC) and agreement on mutually beneficial terms (MAT) in accordance with the law
EN
Sí
ES
Sí
ES
Sí, en cierta medida
ES
Viet Nam has taken certain measures related to the recognition and protection of traditional knowledge associated with genetic resources. The Law on Biodiversity defines traditional knowledge associated with genetic resources and provides for the protection of rights relating to such knowledge. In practice, a pilot initiative supported through the Nagoya Protocol implementation project developed community prior informed consent (PIC) and mutually agreed terms (MAT) arrangements with the Red Dao community in Ta Phin, Lao Cai Province. This initiative provided valuable experience in applying community-based ABS principles. However, Viet Nam has not yet established specific legal provisions requiring community prior informed consent, approval and involvement, or mutually agreed terms for access to traditional knowledge associated with genetic resources. In addition, no ABS permit involving traditional knowledge associated with genetic resources has yet been granted under the national ABS framework. Therefore, while some initial measures and pilot activities have been undertaken, the implementation of Article 7 remains partial.
EN
No
ES
Viet Nam has not established specific legal or administrative measures requiring consideration of indigenous peoples' and local communities' customary laws, community protocols or community procedures in the implementation of the Nagoya Protocol. While the Law on Biodiversity recognizes traditional knowledge associated with genetic resources and provides for the protection of rights relating to such knowledge, the current ABS framework does not contain provisions addressing customary laws, community protocols or community-specific procedures for access to traditional knowledge associated with genetic resources. Therefore, customary laws, community protocols and procedures are not yet formally considered in the implementation of the national ABS framework
EN
No
ES
Viet Nam has not yet established specific mechanisms, with the effective participation of local communities, to inform potential users of traditional knowledge associated with genetic resources and related obligations under the Nagoya Protocol. Although Vietnamese law has initially recognized the principle related to traditional knowledge associated with genetic resources, there are no detailed regulations on the implementation mechanism, including the identification of community subjects, the PIC mechanism of the community, or the obligation to provide information to users. In practice, there has been no recorded case of being licensed to access genetic resources with the integration of traditional knowledge accompanied by relevant information mechanisms and obligations. Some pilot activities (such as the model in the Ta Phin Red Dao community) have initially developed PIC and MAT, but have not been institutionalized and replicated
EN
Sí, en cierta medida
ES
Within the framework of the Nagoya Protocol Capacity Building project, the Global Environment Facility has supported the Red Dao community in Ta Phin to develop a community convention on the conservation of genetic resources and traditional knowledge. However, this activity is only limited to the pilot model
EN
Sí
ES
The Government of Viet Nam consistently encourages ethnic communities to preserve and promote their cultural identities, including customary practices related to the conservation of genetic resources and traditional knowledge. In practice, many local communities, particularly ethnic minority communities, continue to maintain customary practices for conserving and exchanging indigenous crop varieties, livestock breeds and associated traditional knowledge. These practices contribute to the conservation of genetic resources and the maintenance of biodiversity at the local level
EN
Parte IX – Contribución a la conservación y utilización sostenible (artículo 9) y beneficios recibidos
Sí
ES
Article 22 of Decree No. 59/2017/ND-CP provides that a portion of the monetary benefits arising from the utilization of genetic resources must be paid into the State budget and used for biodiversity conservation and sustainable use. Where the provider is a public authority or a State-managed institution, 70% of the monetary benefits are allocated to the State budget. Where the provider is an organization, household or individual assigned to manage genetic resources, 50% of the monetary benefits are allocated to the provider and the remaining 50% must be paid into the State budget for biodiversity conservation and sustainable use purposes. In practice, benefit-sharing payments have already been generated under several ABS agreements. Based on reported cases, approximately half of the monetary benefits generated under commercial ABS permits, amounting to around USD 11,000, have been transferred to the State budget in accordance with the legal requirements. This demonstrates that the ABS framework is already generating financial contributions to biodiversity conservation and sustainable use. However, while the legal framework clearly earmarks these funds for biodiversity conservation and sustainable use, detailed guidance on the allocation, management and use of these revenues has not yet been issued. As a result, the long-term tracking of how these funds contribute to conservation outcomes remains limited
EN
Sí
ES
Vietnam has internalized the Nagoya Protocol into legal documents, specifically Decree No. 59/2017/ND-CP which has created a legal framework to control access to genetic resources, thereby limiting free and uncontrolled exploitation – one of the causes of biodiversity decline. The benefit-sharing mechanism has contributed to creating an economic incentive for conservation, part of the benefit-sharing resources can be reinvested in ecosystem conservation, scientific research and sustainable livelihood development for local communities. The requirement for prior notice consent (PIC) and the establishment of a mutually beneficial agreement (MAT) clause have spurred the participation of local communities, especially those that hold traditional knowledge. This helps to link biodiversity conservation and indigenous knowledge conservation
EN
Sí
ES
- Fondos, subvenciones o becas de investigación
- Aportes a un fondo nacional o local
22
ES
The reported monetary benefits are derived from benefit-sharing arrangements established under commercial access and benefit-sharing (ABS) agreements for genetic resources. During the reporting period, approximately USD 22,000 in monetary benefits were generated from the utilization and commercialization of genetic resources.
These benefits were obtained through revenue-based benefit-sharing mechanisms established in ABS contracts and implemented in accordance with the national ABS framework. Reported cases include the utilization of rambutan, longan, Salvia miltiorrhiza and Syzygium formosum genetic resources.
In accordance with Article 22 of Decree No. 59/2017/ND-CP, a portion of the monetary benefits was allocated to the providers of genetic resources, while the remaining portion was paid into the State budget for biodiversity conservation and sustainable use. Based on available information, approximately half of the monetary benefits generated under these ABS agreements were transferred to the State budget
Sí
ES
- Intercambio de información, resultados de investigación
- Colaboración científica o publicaciones conjuntas
- Acceso a tecnología y transferencia de tecnología
- Creación de capacidad, desarrollo de capacidad o capacitación
- Beneficios de desarrollo sostenible (como mejora de la seguridad alimentaria, garantías de subsistencia, etc.)
Non-monetary benefits have been generated through several ABS agreements implemented during the reporting period.
These benefits include the sharing of research information and scientific results, scientific collaboration between foreign and Vietnamese researchers, joint scientific publications, technology transfer and capacity-building activities. For example, the utilization of Syzygium formosum genetic resources resulted in phytochemical and bioactivity analyses, the placement of a Vietnamese scientist in a foreign research institution, support for postgraduate training, and the publication of international scientific papers involving Vietnamese researchers.
Other ABS agreements involving rambutan, Lansium domesticum and Salvia miltiorrhiza genetic resources contributed to the development of dedicated cultivation areas, strengthened cooperation between users and local producers, and supported the application of sustainable production practices. These activities generated broader sustainable development benefits, including livelihood improvement, employment opportunities, increased income for local communities and the promotion of environmentally sustainable cultivation methods.
The reported cases demonstrate that non-monetary benefits constitute an important component of ABS implementation in Viet Nam and, in several instances, have exceeded the direct monetary benefits generated from the utilization of genetic resources
No
ES
ES
ES
No
ES
ES
Viet Nam has begun to generate tangible monetary benefit flows under the ABS framework. This represents an important milestone, demonstrating that the ABS mechanism is not merely a legal framework on paper but has entered into practical implementation.
Secondly, these monetary benefits are quantifiable, as they are directly linked to revenues generated from the utilization of genetic resources. This facilitates monitoring and reporting in accordance with international reporting requirements.
Nevertheless, several limitations remain:
- The number of reported cases remains limited, with monetary benefit data available for only four out of eight commercial ABS permits;
- The overall value of the monetary benefits generated remains modest compared with the potential value of genetic resource utilization; and
- A national system for monitoring, consolidating and reporting benefit-sharing data has not yet been established.
Overall, these findings indicate that Viet Nam has achieved initial progress in implementing monetary benefit-sharing under the ABS framework. The current approach provides a clear and practical mechanism that has been demonstrated through several implementation cases. However, the system remains at an early stage of development, with limited implementation and the absence of a comprehensive national monitoring mechanism. It can therefore be concluded that Viet Nam has established initial monetary benefit flows under its ABS framework, although their scale remains limited and they are not yet subject to systematic national monitoring.
Parte X - Cooperación transfronteriza (artículo 11)
No
ES
There is no regulation yet
EN
No
ES
There are currently no specific regulations in place.
EN
Parte XI- Cláusulas contractuales modelo, códigos de conducta voluntarios, directrices y prácticas óptimas o estándares (artículos 19 y 20)
Sí
ES
Viet Nam has established a model contract for access to genetic resources and benefit-sharing (ABS). However, this model contract serves as a framework that sets out the principal contents required under the relevant legal instruments and is intended as a reference for both providers and users of genetic resources when negotiating and concluding ABS agreements. The parties remain free to negotiate and agree on specific contractual provisions, including commercial terms, non-monetary benefit-sharing arrangements, intellectual property rights, transfer of rights and obligations to third parties, confidentiality of information, publication of scientific results, dispute settlement mechanisms, and post-permit obligations.
EN
Sí, en cierta medida
ES
0 Yes 1 Yes, to some extent 0 No Please explain your response. < Viet Nam has promoted awareness-raising, capacity-building and the dissemination of guidance materials related to access and benefit-sharing (ABS), including through projects supporting the implementation of the Nagoya Protocol. These activities have encouraged stakeholders, including research institutions, universities and other users of genetic resources, to improve their understanding of ABS requirements and good practices. In addition, standardized ABS contract templates and implementation guidance have been developed under the national ABS framework, providing practical tools for users and providers of genetic resources. However, Viet Nam has not yet established a formal mechanism specifically encouraging non-governmental stakeholders, professional associations or other actors to develop their own sector-specific codes of conduct, best practices, standards or guidelines relating to ABS. Therefore, implementation of Article 20 remains partial.
EN
The implementation of Articles 19 and 20 has provided several useful lessons for the development of Viet Nam’s ABS framework.
One of the key achievements has been the development of standardized ABS contract templates under the national ABS legislation. These model contractual clauses have provided a practical basis for negotiations between providers and users of genetic resources, reduced legal uncertainty, and promoted consistency in the implementation of mutually agreed terms. Experience from commercial ABS permits indicates that the availability of standard contract provisions has facilitated the negotiation process and contributed to the generation of both monetary and non-monetary benefits.
Another positive experience has been the development of guidance materials and capacity-building activities through projects supporting the implementation of the Nagoya Protocol. These activities have improved awareness and understanding of ABS requirements among government officials, researchers and other stakeholders, and have contributed to the practical implementation of the ABS framework.
However, implementation remains limited. The relatively small number of ABS cases has reduced opportunities to further refine model contractual clauses based on practical experience. In addition, no sector-specific codes of conduct, best practices, standards or guidelines relating to ABS have yet been developed by research institutions, professional associations or private-sector actors.
A key challenge is the limited awareness and experience of many stakeholders regarding ABS implementation. The small number of commercial ABS arrangements and the limited involvement of private-sector actors have also reduced incentives for the development of voluntary standards and best-practice guidance. Furthermore, capacity-building and awareness-raising activities have relied heavily on internationally funded projects, while dedicated national resources for these activities remain limited.
These experiences highlight the importance of continuing to strengthen stakeholder capacity, promoting wider participation of research institutions and private-sector actors, and encouraging the development of sector-specific guidance and best practices to support more effective implementation of the Nagoya Protocol in the future.
Parte XII - Aumento de la concienciación y capacidad (artículos 21 y 22)
Sí
ES
Viet Nam has undertaken a range of activities to raise awareness of the importance of genetic resources, traditional knowledge associated with genetic resources, and access and benefit-sharing (ABS) issues. During the reporting period, awareness-raising materials and communication products on ABS were developed and disseminated to relevant stakeholders. Training workshops, consultation meetings and capacity-building activities were organized for government officials, researchers, local authorities, protected area managers, universities, enterprises and local communities. These activities contributed to improving understanding of the Nagoya Protocol, national ABS requirements, and the rights and obligations of providers and users of genetic resources. Many of these activities were implemented through the project “Capacity Building for Ratification and Implementation of the Nagoya Protocol on Access and Benefit Sharing in Viet Nam”, funded by the Global Environment Facility (GEF) and supported by the United Nations Development Programme (UNDP). The project produced awareness-raising materials and guidance documents tailored to different stakeholder groups and supported communication activities at both national and local levels. In addition, awareness of biodiversity conservation and sustainable use is promoted through broader biodiversity communication programmes and national events, including activities associated with the International Day for Biological Diversity. However, ABS-specific awareness-raising activities remain limited and are often dependent on externally funded projects. Links to training and/or raising awareness materials are accessible as follows: https://absch.cbd.int/api/v2013/documents/7E1ED234-E131-4453-D726-5818B10FE335/attachments/204635/Viet%20Nam%20ABS%20fact%20sheet_14.05.18f.pdf https://absch.cbd.int/api/v2013/documents/7393D8C9-7C71-5A42-84C5-44FEE4EFBB6A/attachments/213106/GUIDANCE%20DOCUMENT_ABS_English.pdf
EN
No
ES
Viet Nam has not adopted a dedicated national awareness-raising strategy for the implementation of the Nagoya Protocol on Access and Benefit-sharing. Awareness-raising activities on ABS have mainly been carried out through specific projects, training programmes and communication initiatives implemented by government agencies and international partners. While these activities have contributed to improving stakeholder awareness and capacity, they have not been implemented under a formal national ABS awareness-raising strategy. In addition, no dedicated national budget has been allocated specifically for ABS awareness-raising activities.
EN
Sí
ES
- Número de personas capacitadas: (400)
- Número de talleres/cursos de capacitación: (10)
ES
No
ES
During the reporting period, Viet Nam focused primarily on strengthening national capacities for the implementation of the Nagoya Protocol, including awareness-raising, training, institutional development and capacity-building for government authorities, researchers, local communities and other domestic stakeholders. While a number of capacity-building activities were implemented with support from international partners, including the Global Environment Facility (GEF) and the United Nations Development Programme (UNDP), these activities were aimed at strengthening Viet Nam’s own ABS framework and implementation capacity. Viet Nam has not implemented specific programmes or measures to build human resources or institutional capacities of other Parties for the implementation of the Nagoya Protocol
EN
Parte XIII- Transferencia de tecnología, colaboración y cooperación (artículo 23)
Sí
ES
During the reporting period, Viet Nam participated in and supported technical and scientific research and development activities related to access and benefit-sharing (ABS) through both international cooperation projects and the implementation of ABS agreements. Several ABS arrangements involved collaborative research between foreign users and Vietnamese research institutions and scientists. These collaborations included joint research activities, the sharing of research results, scientific publications, postgraduate training, and researcher exchanges. For example, the utilization of genetic resources under commercial ABS agreements resulted in joint scientific studies, international publications involving Vietnamese researchers, and opportunities for Vietnamese scientists and students to participate in research and training activities abroad. In addition, Viet Nam benefited from international cooperation projects supporting the implementation of the Nagoya Protocol, including activities implemented with the support of the Global Environment Facility (GEF) and the United Nations Development Programme (UNDP). These initiatives contributed to strengthening technical knowledge, scientific cooperation and institutional capacity related to ABS. These experiences demonstrate that ABS implementation has provided opportunities for scientific collaboration, knowledge exchange and research partnerships between Vietnamese and international institutions.
EN
Parte XIV – Recursos financieros (artículo 25) y movilización de recursos
No
ES
During the reporting period, Viet Nam did not provide dedicated financial or other resources to other Parties for the implementation of the Nagoya Protocol. Viet Nam's efforts and available resources were primarily directed towards strengthening its own national ABS framework and implementation capacity. Capacity-building, awareness-raising and institutional development activities related to ABS were largely supported through international cooperation projects and external funding, including support from the Global Environment Facility (GEF) and the United Nations Development Programme (UNDP). Accordingly, no specific financial assistance, technical assistance or other resources were provided by Viet Nam to other Parties for the implementation of the Protocol during the reporting period.
EN
Sí
ES
Viet Nam received financial and technical support from the Global Environment Facility (GEF), with implementation support from the United Nations Development Programme (UNDP), for the implementation of the Nagoya Protocol on Access and Benefit-sharing. The project “Capacity Building for Ratification and Implementation of the Nagoya Protocol on Access to Genetic Resources and Benefit Sharing in Viet Nam” supported a wide range of activities, including the development of legal and policy frameworks, awareness-raising, capacity-building for government officials and stakeholders, development of guidance materials, pilot implementation activities, and support for national reporting and monitoring related to ABS. The project played a significant role in strengthening institutional and technical capacity for the implementation of the Nagoya Protocol in Viet Nam. Many of the awareness-raising, training and pilot activities reported under Articles 21 and 22 were implemented with support from this project
EN
- Del Fondo para el Medio Ambiente Mundial (FMAM)
2
ES
No
ES
Viet Nam has not established a dedicated budgetary allocation mechanism specifically for the implementation of the national ABS framework. Activities related to access and benefit-sharing are generally implemented within broader budget allocations for environmental protection, biodiversity conservation and natural resource management. As a result, no separate budget line exists for ABS implementation at the national level
EN
No
ES
In Vietnam, there is no full-time staff in charge of functions directly related to the implementation of the Nagoya Protocol. This is undertaken by the staff in charge of biodiversity conservation
EN
ES
ES
Parte XV – Medidas relacionadas con otros instrumentos internacionales (artículo 4)
Sí
ES
Viet Nam has not yet adopted specific legislative, administrative or policy measures to implement the BBNJ Agreement. The Agreement is currently under consideration, and relevant authorities are assessing the legal, institutional and policy implications of its implementation. At present, no dedicated measures have been adopted to incorporate the provisions of the Agreement into the national legal framework. Future implementation measures will be considered following the completion of domestic review and ratification processes.
EN
No
ES
Viet Nam has not yet adopted specific legislative, administrative or policy measures to implement the BBNJ Agreement. The Agreement is currently under consideration, and relevant authorities are assessing the legal, institutional and policy implications of its implementation. At present, no dedicated measures have been adopted to incorporate the provisions of the Agreement into the national legal framework. Future implementation measures will be considered following the completion of domestic review and ratification processes
EN
Parte XVI – Información adicional opcional
ES