Circular No. 07/2020/TT-BNNPTNT stipulates the organization and operation of the Board for reviewing applications for Genetic Resource Access Permits for commercial research and development of commercial products under the authority of the Ministry of Agriculture and Rural Development.

CIRCULAR

(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. on the organization and operation of the Appraisal Board for Applications for Access to Genetic Resources for Commercial Research and Development of Commercial Products within the Licensing Authority's Jurisdictionof the Ministry of Agriculture and Rural Development

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

WHEREAS EDUCATION Decree Decision No. 59/2017/NĐ-CP dated May 12, 2017 of the Government on the management of access to genetic resources and the sharing of benefits from the use of genetic resources;

At the proposal of the Director of the Department of Science, Technology and Environment,

The Minister of Agriculture and Rural Development issues this Circular stipulating the organization and operation of the Appraisal Board for Applications for Access to Genetic Resources for Commercial Research and Development of Commercial Products within the Licensing Authority's jurisdiction of the Ministry of Agriculture and Rural Development (hereinafter referred to as the Appraisal Board).

This Circular stipulates the vocational training program for vocational education teachers at the college level, intermediate level, and basic level; sample certificates, sample copies; printing, managing blanks; issuing, amending, recalling, and canceling vocational teacher certificates for teaching at the college level, intermediate level, and basic level.

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the organization and operation of the Appraisal Board for Applications for Access to Genetic Resources for Commercial Research and Development of Commercial Products within the Licensing Authority's jurisdiction of the Ministry of Agriculture and Rural Development (hereinafter referred to as the Appraisal Board).

Article 2. Applicability

This Circular applies to organizations and individuals related to the appraisal of Applications for Access to Genetic Resources for Commercial Research and Development of Commercial Products within the Licensing Authority's jurisdiction of the Ministry of Agriculture and Rural Development (hereinafter referred to as the Application).

CHAPTER II

ORGANIZATION AND OPERATIONS OF THE BOARD

Article 3. Functions, tasks, and powers of the Appraisal Board

1. The Appraisal Board shall be established by the Minister of Agriculture and Rural Development for each Application for Access to Genetic Resources.

2. The Appraisal Board has the function of advising the Minister of Agriculture and Rural Development on the examination of Applications for Access to Genetic Resources for Commercial Research and Development of Commercial Products within the Licensing Authority's jurisdiction of the Ministry of Agriculture and Rural Development.

3. Activities of the Appraisal Board shall be carried out through the Permanent Appraisal Agency (hereinafter referred to as the Permanent Appraisal Agency). Responsibilities of the Permanent Appraisal Agency are stipulated in Clause 2 of Article 9 of this Circular.

4. Members of the Appraisal Board shall be provided with information, documents, and issues related to the Application for research and appraisal by the Permanent Appraisal Agency.

5. Members of the Appraisal Board shall be entitled to remuneration as prescribed by law. The Appraisal Board shall dissolve itself upon completion of its mission.

Article 4. Principles of Operation of the Council

1. The board operates based on the principles of collective discussion, transparency, voting, and decision-making by majority.

2. Opinions of each member of the Appraisal Board and the results of the Appraisal Board's appraisal shall be recorded in the minutes of the Appraisal Board meeting according to the model specified in Appendix No. 01 issued together with this Circular.

3. Members of the Appraisal Board shall evaluate the Application at one of two levels:

a) Agree to approve: when all information in the Application meets the requirements set forth in Section II of the Application Review Form (Appendix No. 02 issued together with this Circular);

b) Disagree to approve: when all information in the Application does not meet the requirements set forth in Section II of the Application Review Form (Appendix No. 02 issued together with this Circular).

4. The Appraisal Board shall conclude at one of two levels:

a) Agree to approve: when at least two-thirds of the members of the Appraisal Board (as stipulated in the Decision establishing the Appraisal Board) have agreed to approve their evaluation forms, including both two Reviewers;

b) Disagree to approve: when one-third or more of the members of the Appraisal Board (as stipulated in the Decision establishing the Appraisal Board) disagree to approve their evaluation forms or both two Reviewers disagree to approve their evaluation forms.

Article 5. Organizational Structure of the Council

The Council shall have seven or nine members, including:

1. The Chairman of the Council shall be the representative of the Head of the Permanent Agency for Review.

2. The Vice-Chairman of the Council shall be the representative of the Head of the Department of Science, Technology, and Environment.

3. Members shall include representatives from the Ministry of Natural Resources and Environment, relevant ministries and sectors, People's Committees of provinces and centrally governed cities where the activities of accessing genetic resources take place, and experts with appropriate expertise.

4. Two opposing members shall be scientists with specialized knowledge and experience in related fields.

5. The Secretary of the Council shall be a civil servant of the Permanent Agency for Review.

Article 6. Responsibilities and Authorities of Council Members

1. Council members shall have the following common responsibilities and authorities:

a) To evaluate the contents of the dossier and related documents provided by the Permanent Agency for Review truthfully, objectively, and fairly. In cases deemed necessary, request the Permanent Agency for Review to provide additional information and documents related to the dossier for study and evaluation.

b) Write Comment Sheets and Evaluation Sheets according to the models specified in Appendix No. 02 and Appendix No. 03 issued together with this Circular; present the Comment Sheet at the Council meeting.

c) Bear individual responsibility before the Permanent Agency for Review and the law for comments and evaluations on the Dossier and the assigned work during the review process, and bear collective responsibility for the Council’s final conclusion.

d) Ensure confidentiality regarding the information contained in the Dossier and the review process in accordance with the law, and return the documents upon request by the Permanent Agency for Review after completing the task.

đ) Participate in Council meetings; if unable to attend, submit written comments on the Dossier to the Permanent Agency for Review at least one working day before the meeting.

e) Provide opinions at Council meetings; reserve opinions when they differ from the Council’s conclusion.

g) Write comments on the revised and supplemented Dossier after the Council meeting upon written request by the Permanent Agency for Review.

h) Fulfill requests from the Chairman of the Council or the Permanent Agency for Review related to the Council’s activities.

2. The Chairman of the Council shall have the following responsibilities and authorities:

a) Implement the provisions of Clause 1 of this Article.

b) Decide to convene Council meetings.

c) Chair Council meetings, conclude them, and bear responsibility for the conclusions of the Council.

d) Sign the minutes of Council meetings and bear responsibility for the completeness and truthfulness of the contents recorded in the minutes of Council meetings.

đ) Confirm the completion of the assessment dossier of organizations and individuals applying for a Genetic Resource Access Permit based on the Council’s concluding opinion.

e) Report and handle issues arising in connection with the Council’s assessment results as required by the Head of the Permanent Agency for Review.

g) In case of non-participation in Council meetings, delegate in writing to the Vice-Chairman of the Council to perform the duties and authorities of the Chairman of the Council as stipulated in points c, d, đ, and e of this clause.

3. The Vice-Chairman of the Council shall have the following responsibilities and authorities:

a) Implement the provisions of Clause 1 of this Article.

b) Implement the provisions of point g of Clause 2 of this Article when authorized in writing by the Chairman of the Council.

4. Council members representing the People's Committee of provinces and centrally governed cities where genetic resource access activities take place shall have the following responsibilities and authorities:

a) Implement the provisions of Clause 1 of this Article.

b) Provide the Council with information and documents related to the genetic resources proposed to be accessed locally; bear responsibility for the information and documents provided to the Council.

5. Secretarial members shall have the following responsibilities and authorities:

a) Implement the provisions of Clause 1 of this Article.

b) Provide Comment Sheets and Evaluation Sheets to Council members.

c) Read the comments of Council members who did not participate in the Council meeting.

d) Record and sign the minutes of Council meetings; bear responsibility for the completeness and truthfulness of the contents recorded in the minutes of Council meetings; complete the minutes of Council meetings; report to the Chairman of the Council for examination and signing of the minutes.

Article 7. Conditions for convening a meeting of the Council

A meeting of the Council shall be convened when the following requirements are met:

1. At least two-thirds of the members of the Council (as stipulated in the Decision establishing the Council) are present, including the Chairman or Vice-Chairman, the reviewing members, and the secretary member.

2. The Chairman of the Council shall preside over meetings of the Council, or the Vice-Chairman of the Council shall preside over sessions when authorized in writing by the Chairman of the Council.

3. There is participation of the authorized representative of the organization or individual requesting the issuance of a Permit to Access Genetic Resources or their authorized representative in writing (if necessary).

Article 8. Procedure for convening a meeting of the Council

1. The secretary member reads the decision establishing the Council, introduces the attendees, and reports on the summary of the file processing process.

2. The Chairman of the Council manages the Council meeting according to the authority prescribed in Clause 2, Article 6 of this Circular.

3. The authorized representative of the organization or individual requesting the issuance of a Permit to Access Genetic Resources or their authorized representative in writing presents the main contents of the file (if necessary).

4. Members of the Council propose clarifications regarding the presented contents or ask questions; the authorized representative of the organization or individual requesting the issuance of a Permit to Access Genetic Resources (or their authorized representative in writing) responds and provides additional information.

5. Reviewing members and Council members present their comments on the file according to the form at Appendix No. 02 issued together with this Circular. The secretary member reads the comments of absent Council members (if any) for the Council's consideration and reference.

6. The Council discusses and evaluates the file according to the specified contents, and present Council members vote on the file according to the form at Appendix No. 03 issued together with this Circular; the secretary member compiles and reports to the Council on the voting results according to the form prescribed at Appendix 04 issued together with this Circular.

7. The Council meets separately to unify each conclusion content and approve the minutes of the Council.

8. The Chairman of the Council announces the Council's conclusions and declares the end of the meeting.

Article 9. Permanent Authority for Appraisal

1. The permanent authority for appraisal is defined as follows:

a) Fisheries General Department: responsible for the permanent appraisal of the issuance, extension, and revocation of Permits to Access Genetic Resources of aquatic species;

b) Forestry General Department: responsible for the permanent appraisal of the issuance, extension, and revocation of Permits to Access Genetic Resources of forestry plant and animal species;

c) Crop Production Department: responsible for the permanent appraisal of the issuance, extension, and revocation of Permits to Access Genetic Resources of agricultural plant species;

d) Livestock Production Department: responsible for the permanent appraisal of the issuance, extension, and revocation of Permits to Access Genetic Resources of livestock species.

2. The permanent authority for appraisal has the following responsibilities:

a) Verify the validity of the file to ensure compliance with legal regulations;

b) Submit to the Minister of Agriculture and Rural Development for issuance of the Decision establishing the Council;

c) Notify the organization or individual requesting the issuance of a Permit to Access Genetic Resources to provide supplementary related documents if necessary and send them to the Council members;

d) Select domestic organizations or individuals with relevant expertise to provide written opinions on the file if necessary;

đ) Organize Council meetings in accordance with this Circular;

e) Notify in writing the Council's conclusions to the organization or individual requesting the issuance of a Permit to Access Genetic Resources;

g) Organize inspections and reviews of files that have been revised and supplemented according to the Council's conclusions; if necessary, send a document requesting some Council members to comment on the file after revision;

h) Draft a report on the appraisal results of the file for submission to the Minister of Agriculture and Rural Development for consideration and decision on the issuance of a Permit to Access Genetic Resources;

i) Organize settlement of expenses serving the Council's activities; manage and retain files and documents related to Council meetings in accordance with legal regulations.

CHAPTER III

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Circular takes effect from July 6, 2020.

Article 11. Responsibility for Implementation

1. The Department of Science, Technology and Environment shall be responsible for guiding, inspecting, and monitoring the implementation of this Circular.

2. The General Departments and Bureaus assigned as the Permanent Agencies for reviewing the implementation shall be responsible to the Minister for the tasks delegated; they shall regularly report the results of implementation to the Ministry (through the Department of Science, Technology and Environment) before December 15 each year for consolidation.

3. Provincial Departments of Agriculture and Rural Development, organizations, and individuals related thereto shall be responsible for implementing this Circular.

4. In the course of implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to reflect these issues to the Ministry of Agriculture and Rural Development (through the Department of Science, Technology and Environment) for review, amendment, and supplementation./.