Consolidated Document number 07/VBHN-BTNMT detailing the implementation of certain provisions of the Law on Environmental Protection

DECREE

On access to genetic resources and the sharing of benefits from their utilization

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 from their utilization, which took effect from July 1, 2017, has been amended and supplemented by:

Decree No. 22/2023/ND-CP dated May 12, 2023, of the Government amending and supplementing certain articles of related decrees concerning business activities in the natural resources and environment sector, which took effect from May 12, 2023.

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Biodiversity Law dated November 13, 2008; _­

Pursuant to the Medicines Law dated April 6, 2016;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates the Decree on the management of access to genetic resources and the sharing of benefits from their utilization¹.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management of activities for accessing and using genetic resources and sharing benefits from such use under the sovereignty of the Socialist Republic of Vietnam.

Article 2. Applicability

This Decree applies to organizations and individuals engaged in activities related to accessing genetic resources for research purposes or developing commercial products.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. "Provider" means an organization or individual entrusted by the State to manage genetic resources in accordance with Clause 2, Article 55 of the Biodiversity Law.

2. "Accessor" means an organization or individual carrying out activities to access and use genetic resources under the sovereignty of the Socialist Republic of Vietnam.

3. "Third Party" means an organization or individual accessing and using genetic resources or derivatives thereof transferred from the Accessor, who has been granted permission by the competent state authority.

4. "Biotechnology" means any application of technology that uses biological systems, living organisms, or derivatives thereof to produce or modify products or processes for specific uses.

5. "International Compliance Certificate for Access to Genetic Resources and Benefit-Sharing" means an electronic document containing basic information about the Permit for Access to Genetic Resources and the Access and Benefit-Sharing Agreement, published by the National Focal Point on the International Exchange Portal on Access to Genetic Resources and Benefit-Sharing of the Convention on Biological Diversity Secretariat.

6. "Derivative" means a biochemical compound naturally produced through the expression of genes or metabolic processes of biological or genetic resources, even if the biochemical compound does not contain functional genetic units.

7. "Permit for Access to Genetic Resources" means a document issued by the competent state authority to the Accessor to carry out activities to access genetic resources for non-commercial research purposes; commercial research purposes; and development of commercial products.

8. "Access and Benefit-Sharing Agreement" means an agreement between the Provider and the Accessor regarding the terms and conditions for implementing activities to access genetic resources for use purposes and sharing benefits from such use (hereinafter referred to as the "Agreement").

9. "Nagoya Protocol" is the abbreviated name for the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization within the Framework of the Convention on Biological Diversity.

10. "Origin, Source of Genetic Resources" means the place where genetic resources exist in a wild state or the place where they have been domesticated and produced over a long period.

11. "Utilization of Genetic Resources" means research and development activities using genetic, biochemical components, and derivatives of genetic resources, including the application of biotechnology as prescribed in this Decree.

Article 4. Principles in managing access to genetic resources and sharing benefits from their utilization

1. The State of Vietnam exercises sovereignty over all genetic resources within its national territory.

2. Foreign organizations and individuals seeking to carry out activities to access genetic resources may only do so upon obtaining permission from competent state authorities of Vietnam.

3. The State encourages Vietnamese organizations and individuals to undertake research and development activities related to genetic resources.

4. Benefit-sharing from the use of genetic resources must ensure fairness and reasonableness among relevant parties and contribute to the effective management of biological resources, promote scientific research processes and commercialization of genetic resources, with emphasis on the role of local communities in conservation and sustainable use of genetic resources.

Article 5. National focal point for implementing the Nagoya Protocol

1. The Ministry of Natural Resources and Environment is the national focal point for implementing the Nagoya Protocol.

2. The national focal point for implementing the Nagoya Protocol shall be responsible for:

a) Uniformly managing the issuance, extension, and revocation of Access Permits for genetic resources;

b) Serving as the central point for providing and exchanging information with the Secretariat of the Convention on Biological Diversity through the International Exchange Portal on Access to Genetic Resources and Benefit-Sharing as stipulated in the Nagoya Protocol; leading the preparation of the national report on the implementation of the Nagoya Protocol in Vietnam; proposing recommendations and measures for implementation according to the division of labor assigned by the Government of decisions made at meetings of the Parties to the Nagoya Protocol; coordinating and organizing the fulfillment of national obligations under the Nagoya Protocol;

c) Cooperating with other countries in implementing compliance measures under the Nagoya Protocol applicable to Vietnam's genetic resources abroad; organizing international cooperation activities bilaterally and multilaterally regarding access to genetic resources and benefit-sharing.

Chapter II. ISSUANCE, EXTENSION AND REVOCATION OF ACCESS PERMITS FOR GENETIC RESOURCES

Article 6. Competent state authorities issuing, extending and revoking Access Permits for genetic resources

1. The Ministry of Agriculture and Rural Development issues, extends and revokes Access Permits for genetic resources concerning crop varieties, livestock breeds, aquaculture breeds, and forestry tree species.

2. The Ministry of Natural Resources and Environment issues, extends and revokes Access Permits for genetic resources in cases not covered by Clause 1 of this Article.

Article 7. Subjects registering and requesting issuance of Access Permits for genetic resources

1. The following subjects must register and request issuance of Access Permits for genetic resources:

a) Vietnamese organizations and individuals who need to access genetic resources for commercial research purposes and product development;

b) Foreign organizations and individuals who need to access genetic resources within Vietnam for any purpose;

c) Vietnamese organizations and individuals who need to export accessed genetic resources abroad, except as provided for in Article 20 of this Decree.

2. Individuals subject to registration and request for issuance of Access Permits for genetic resources as stipulated in Clause 1 of this Article must meet the following requirements:

a) Hold a degree (at least bachelor’s level) in one of the following fields: biology, biotechnology, pharmacy, and agricultural science;

b) Be a member of a scientific and technological organization operating in accordance with the laws of the country where the organization was established in the fields of biology, biotechnology, pharmacy, and agricultural science, and be guaranteed in writing by the organization according to Form No. 01 the Appendix issued together with this Decree.

Article 8. Requirements for the subject applying to access genetic resources and requesting a Genetic Resource Access Permit

When there is a need to access genetic resources, the entity specified in Article 7 of this Decree must implement the following steps:

1. Register to access genetic resources with the competent state agency.

2. Negotiate and sign a Contract with the Provider.

3. Request the People's Committee of the commune where the genetic resources are located or where the Provider is registered to confirm the Contract.

4. Submit the application dossier for a Genetic Resource Access Permit to the competent state agency.

5. Provide additional information and documents; complete the dossier when requested by the competent state agency during the review process of the application dossier for a Genetic Resource Access Permit.

Article 9. Registration to access genetic resources

1. Organizations and individuals submit the registration dossier to access genetic resources (hereinafter referred to as the registration dossier) to the competent state agency through one of the following methods: submitting directly at the office of the competent state agency; sending via postal service or electronic registration.

2. The registration dossier includes:

a) The genetic resource access registration form according to Form No. 02 the Appendix issued together with this Decree;

b) A document proving legal status according to the laws of the country where the organization was established; present the original or certified copy of one of the following documents: passport, Identity Card/Citizen Identification Card/Individual Identification Number² or other documents with a photograph and personal information issued by the competent authority, still valid (hereinafter referred to as personal identification documents) to prove the identity of the registering individual;

c) For foreign organizations and individuals registering to access genetic resources, they must have a cooperation document with a Vietnamese scientific and technological organization;

d) For the registration to access genetic resources under a joint program, project, or topic involving multiple organizations and individuals, a power of attorney document for the representative organization or individual to carry out the registration to access genetic resources must be provided.

3. Within ten days from the date of receiving the registration dossier, the competent state agency is responsible for notifying in writing to the organization or individual about confirming or rejecting the registration to access genetic resources, along with the reasons for rejection.

Article 10. Agreement, signing a Contract to access genetic resources and sharing benefits

1. After receiving the confirmation document of the registration to access genetic resources from the competent state agency, the organization or individual proceeds to negotiate and sign a Contract with the Provider.

2. The contents of the Contract are stipulated in Article 15 of this Decree.

3. In cases where multiple organizations and individuals cooperate to provide or access genetic resources, these organizations and individuals proceed to negotiate and agree on the terms and jointly sign the Contract.

Article 11. Confirmation of the Contract to access genetic resources and sharing benefits

1. The People's Committee of the commune where the non-natural genetic resources are located or where the Provider is registered has the responsibility to confirm the Contract proposed by the organization or individual.

2. The dossier submitted to the People's Committee of the commune for consideration and confirmation includes:

a) A copy of the confirmation document of the registration to access genetic resources issued by the competent state agency;

b) The Contract signed between the parties;

c) Present the original of one of the following documents: passport, Identity Card/Citizen Identification Card/Individual Identification Number³ or other documents with a photograph and personal information issued by the competent authority, still valid (hereinafter referred to as personal identification documents) to prove the identity of the person requesting the confirmation of the Contract to access genetic resources and sharing benefits.

3. The confirmation period for the Contract does not exceed three working days from the date of receipt of the dossier.

Article 12. Application Documents for Access to Genetic Resources Permit

1. The application documents for the Access to Genetic Resources Permit (hereinafter referred to as the application documents) shall be submitted to the competent state agency through one of the following methods: direct submission at the office of the competent state agency or mailing via postal service. The application documents include:

a) A copy of the registration confirmation document for access to genetic resources issued by the competent state agency;

b) Contracts signed between relevant parties confirmed by the People's Committee of the commune;

c) Approval document from the sectoral management ministry as prescribed by law for cases involving access to genetic resources listed under conditional access and use categories;

d) Documentation as stipulated in Clause 2, Article 7 of this Decree for individual applicants submitting application documents.

2. The maximum time limit for submitting application documents to the competent state agency is twelve months, calculated from the date of issuance of the registration confirmation document for access to genetic resources. Application documents submitted beyond this deadline shall be deemed invalid.

Article 13. Examination and Issuance of Access to Genetic Resources Permit

1. Within five working days from the date of receipt of the application documents, the competent state agency shall have the responsibility to send a written notice to organizations or individuals regarding one of the following situations: acceptance of valid application documents; request for supplementation or completion of application documents, or rejection if the application documents are invalid. The time limit for supplementation or completion of application documents is not more than sixty days, counted from the date of written notification requesting supplementation or completion of application documents.

2. Examination Organization:

a) Within thirty days from the date of receipt of valid application documents, the competent state agency shall organize the examination of application documents for non-commercial research purposes;

b) Within ninety days from the date of receipt of valid application documents, the competent state agency shall establish an Examination Board for application documents for commercial research purposes and development of commercial products. The Examination Board consists of representatives from the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, related ministries, the People's Committee of the province where the access activities take place, and experts.

3. Contents of the review:

a) Compliance with conditions and contents prescribed in Article 59 of the Biodiversity Law;

b) Completeness and accuracy of information in the application documents;

c) Compatibility of the Contract content with current legal regulations;

d) Assessment of the impact of access to genetic resources on biodiversity, economy, and society;

e) Capacity to implement access to genetic resources and share benefits of organizations and individuals.

4. Within fifteen days from the date of examination results, the head of the competent state agency shall review and decide on issuing the Access to Genetic Resources Permit. In case of refusal to issue the permit, the competent state agency shall notify the organization or individual applying for registration in writing, along with the specific reasons.

5. The Minister of Natural Resources and Environment and the Minister of Agriculture and Rural Development shall stipulate the organization and operation of the Examination Board, designate subordinate units as permanent examination agencies, and specify the tasks of these agencies.

Article 14. Changing the Purpose of Access to Genetic Resources; Transfer of Genetic Resources and Their Derivatives to Third Parties and Registration of Intellectual Property Rights for Creative Results from Using Genetic Resources

1. Organizations and individuals who have been granted a Permit to Access Genetic Resources may only use genetic resources for the purposes registered; when there is a need to change the purpose of access, they must comply with the provisions set out in Article 10, Article 11, and Article 12 of this Decree to obtain a new Permit to Access Genetic Resources.

2. Requirements for transferring genetic resources and their derivatives that have been granted a Permit to Access Genetic Resources to third parties:

a) In cases where the transfer of genetic resources and their derivatives does not change the intended use as specified in the Permit to Access Genetic Resources, the transferring organization or individual must notify in writing the authority that issued the Permit to Access Genetic Resources;

b) In cases where the transfer of genetic resources and their derivatives involves a change in the intended use as specified in the Permit to Access Genetic Resources, the third party must agree and sign a Contract with the Provider and comply with the provisions set out in Article 10, Article 11, and Article 12 of this Decree before receiving the genetic resources and their derivatives;

c) The transfer of genetic resources and their derivatives that have been granted a Permit to Access Genetic Resources to third parties must include the transfer of obligations stipulated in the Permit to Access Genetic Resources and the Contract signed between the Provider and the Accessor, including provisions on sharing benefits from the use of genetic resources with the Provider.

3. The registration of intellectual property rights for creative results from using genetic resources and their derivatives must clearly state the origin and source of the accessed genetic resources and comply with the provisions set out in Clause 2 of Article 22 of this Decree.

Article 15. Contracts for Accessing Genetic Resources and Sharing Benefits

1. Contracts shall contain main contents as set out Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives in the Appendix attached to this Decree; the contents of agreements in the Contract regarding sharing benefits from the use of genetic resources must comply with the provisions of this Decree.

2. The Contract shall only be effective after the competent state agency issues a Permit to Access Genetic Resources.

3. Implementation of the Contract when the Permit to Access Genetic Resources expires:

a) The Accessor may not access genetic resources from the date the Permit to Access Genetic Resources expires;

b) Provisions of the Contract regarding sharing benefits continue to be effective.

4. Implementation of the Contract when the Permit to Access Genetic Resources is revoked must comply with the provisions set out in Clause 3 of Article 18 of this Decree.

5. Disputes and complaints related to accessing genetic resources and sharing benefits from the use of genetic resources shall be resolved in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

Article 16. Content and Duration of the Permit to Access Genetic Resources

1. The Permit to Access Genetic Resources shall be established according to Form number 04 the Appendix issued together with this Decree.

2. The duration of the Permit to Access Genetic Resources shall be determined by the competent state agency based on the objectives and plans for accessing genetic resources in the application for the Permit to Access Genetic Resources, but shall not exceed three years at most.

3. Organizations and individuals who have been granted a Permit to Access Genetic Resources have the right to export such genetic resources abroad, except in cases where the genetic resources belong to the list of prohibited or restricted exports.

Article 17. Extension of the Permit for Access to Genetic Resources

1. Two months before the Permit for Access to Genetic Resources expires, organizations or individuals wishing to continue their activities related to access to genetic resources must submit an application for extension of the Permit for Access to Genetic Resources (hereinafter referred to as the "extension application") to the competent state agency that issued the permit, either by submitting directly at the agency's office or sending it via postal service.

2. The extension application includes:

a) An application form for extending the Permit for Access to Genetic Resources according to Form number 05 the Appendix issued together with this Decree;

b) A report on the implementation of access to and use of genetic resources up to the time of requesting the extension within the scope of activities specified in the issued Permit for Access to Genetic Resources and the contents of the Contract signed between the parties;

c) A copy of the issued Permit for Access to Genetic Resources;

d) A copy of the Contract signed between the Accessor and the Provider;

đ) A document from the Provider approving the continuation of activities related to access to genetic resources between both parties.

3. Within the latest thirty days from the date of receiving a valid extension application from organizations or individuals, the competent state agency that issued the permit shall be responsible for reviewing and extending the Permit for Access to Genetic Resources. The decision on extension shall be made according to Form number 06 the Appendix issued together with this Decree.

4. The period of extension of the Permit for Access to Genetic Resources shall be carried out in accordance with the provisions set forth in Clause 2 of Article 16 of this Decree.

5. Organizations or individuals extending the Permit for Access to Genetic Resources shall be responsible for paying the extension fee as prescribed.

Article 18. Revocation of the Permit for Access to Genetic Resources

1. The Permit for Access to Genetic Resources shall be revoked when the competent state agency discovers any of the following situations:

a) Organizations or individuals have provided false information to obtain the Permit for Access to Genetic Resources;

b) Activities related to access to and use of genetic resources cause harm to humans, the environment, security, defense, and national interests of Vietnam;

c) Conducting activities related to access to and use of genetic resources outside the permitted scope;

d) Other violations as prescribed by law.

2. Within the latest thirty days from the date of receiving information about violations or complaints regarding the Permit for Access to Genetic Resources, the competent state agency that issued the permit must complete the processing of the file to issue a decision on revoking the issued Permit for Access to Genetic Resources. The decision on revoking the Permit for Access to Genetic Resources shall be made according to Form No. 07 the Appendix issued together with this Decree.

3. From the date of the decision to revoke the Permit for Access to Genetic Resources, organizations or individuals who were granted the Permit for Access to Genetic Resources must comply with the following requirements:

a) They may not continue to access or use the genetic resources that were permitted;

b) They must continue to fulfill agreements on benefit-sharing concerning the accessed genetic resources as stipulated in the signed Contract;

c) They must compensate for damages and restore the environment and biodiversity in accordance with Vietnamese law (if applicable).

Article 19. Fees for Reviewing Applications for Issuance and Extension of the Permit for Access to Genetic Resources

Organizations or individuals are responsible for paying review fees when submitting applications for issuance and extension of the Permit for Access to Genetic Resources in accordance with the laws on fees and charges.

Article 20. Requirements for Students, Postgraduates, Research Fellows, and Vietnamese Scientific and Technological Organizations Bringing Genetic Resources Out of the Country

1. Vietnamese students, postgraduates, and research fellows wishing to bring genetic resources out of the country for educational purposes must submit an application to the competent state agency in one of the following ways: submitting directly at the agency's office; sending it via postal service or registering electronically. The application includes:

a) An application form for bringing genetic resources out of the country for educational purposes according to Form No. 08 the Appendix issued together with this Decree;

b) Presenting the original or certified copy of one of the following documents: passport, Identity Card/Citizen Identification Card/personal identification number⁴ or other documents with a photograph and personal information issued by an authorized agency and still valid (hereinafter referred to as identity documents) to prove the identity of the student, postgraduate, or research fellow;

c) An introduction letter from a scientific and technological organization or an educational institution abroad where the Vietnamese student, postgraduate, or research fellow studies, including basic information about the student, postgraduate, or research fellow applying to bring genetic resources out of the country and the use of genetic resources for educational purposes.

2. Vietnamese scientific and technological organizations wishing to bring genetic resources out of the country to conduct research, analysis, and evaluation without commercial purposes must submit an application to the competent state agency as prescribed in Article 6 of this Decree shall be submitted in one of the following ways: directly at the office of the competent state agency; sent through the post or registered electronically. The dossier includes:

a) A document requesting to export genetic resources for research purposes that are not for commercial purposes pursuant to Form No. 08 the Appendix issued together with this Decree;

b) A document proving the legal status of the scientific and technological organization

c) A document agreeing to accept genetic resources from foreign organizations according to the request of Vietnamese scientific and technological organizations;

d) Programs, topics, projects, tasks that have been approved by the competent state agency related to the genetic resources proposed to be exported.

3. For genetic resources proposed to be exported that belong to the list of genetic resources subject to conditional access and use, organizations and individuals must submit along with their written opinion of the sectoral management ministry according to the provisions of the law.

4. Within fifteen days from the date of receiving a valid dossier, the head of the competent state agency shall examine and decide to permit the export of genetic resources for non-commercial educational and research purposes pursuant to Form No. 09 attached as Appendix to this Decree. In case of refusal, the competent state agency shall notify the applicant in writing and specify the reasons.

Chapter III. SHARING BENEFITS FROM THE USE OF GENETIC RESOURCES

Article 21. Types of benefits from using genetic resources

1. Benefits from using genetic resources include monetary benefits or non-monetary benefits.

2. Monetary benefits include:

a) Collection fees;

b) Royalty fees;

c) Commercial licensing fees;

d) One-time payments or periodic payments as agreed;

đ) Other monetary benefits arising during the use of genetic resources.

3. Non-monetary benefits include:

a) Sharing research results;

b) Rights to participate in cooperative research, development, and production activities of commercial products;

c) Access rights to relevant scientific and technical information;

d) Technology transfer to the provider of genetic resources;

đ) Training and enhancing research and development capacity on genetic resources;

e) Joint intellectual property rights corresponding to the contribution ratio to creative results based on accessing genetic resources;

g) Other non-monetary benefits.

Article 22. Methods of sharing monetary benefits

1. The percentage of sharing monetary benefits for products created from the use of genetic resources shall not be less than 1% of the annual revenue of such products.

2. The percentage of sharing monetary benefits obtained from transferring genetic resources, derivatives of genetic resources; using intellectual property rights over creative results from the use of genetic resources must ensure that the provider receives no less than 2% of the total value of the transfer or the total amount received from using intellectual property rights.

3. Total monetary benefits from accessing and using genetic resources shall be shared among the parties as follows:

a) If the provider is a People's Committee of a commune, a Management Board of a conservation area, the owner of a genetic resource storage and preservation facility under state management, a biodiversity conservation facility, or a research and development technology facility assigned by the state, they will share 30% of the monetary benefits as stipulated in Clause 1 and Clause 2 of this Article; the remaining 70% of the monetary benefits shall be paid into the state budget for conservation and sustainable use of biodiversity activities;

b) If the provider is an organization, household, or individual assigned to manage genetic resources, they will share 50% of the monetary benefits as stipulated in Clause 1 and Clause 2 of this Article; the remaining 50% of the monetary benefits shall be paid into the state budget for conservation and sustainable use of biodiversity activities.

Article 23. Non-monetary Benefit-Sharing

1. The non-monetary benefit-sharing arising from activities using genetic resources shall be agreed upon by the parties and recorded in the Contract.

2. The subjects eligible for non-monetary benefit-sharing include domestic providers of access partners to foreign entities and other related organizations and individuals.

3. When publishing scientific research results or registering intellectual property rights for creative outcomes derived from the use of genetic resources, organizations and individuals must clearly indicate the origin and source of the accessed genetic resources.

Chapter IV. INFORMATION AND REPORTING

Article 24. Posting of International Compliance Certificates on Access to Genetic Resources and Benefit-Sharing

1. Within five working days from the date of issuance of the document or decision regarding the registration confirmation of access to genetic resources, issuance, extension, or revocation of the Access Permit, the Ministry of Agriculture and Rural Development shall send one original copy of these documents and decisions to the Ministry of Natural Resources and Environment to update the national database.

2. Within fifteen days from the date the competent state authority issues, extends, or revokes the Access Permit, the Ministry of Natural Resources and Environment shall post and publish, or cancel the International Compliance Certificate on Access to Genetic Resources and Benefit-Sharing and related matters on the international information exchange portal for access to genetic resources and benefit-sharing of the Secretariat of the Convention on Biological Diversity as stipulated in the Nagoya Protocol.

Article 25. Reporting on the Implementation of Access to Genetic Resources and Benefit-Sharing

1. The subject specified in Clause 1 of Article 7 of this Decree shall be responsible for submitting a written report to the competent state authority that issued the permit as follows:

a) Report on activities during the period of accessing genetic resources as recorded in the Permit for Accessing Genetic Resources;

b) Annually, report on the situation and results of using genetic resources;

c) Report promptly when requested by the competent state agency.

2. The subject specified in Clause 1 and Clause 2 of Article 20 of this Decreeshall submit a report on the results of their study program, at the latest three months after the end of the program, to the competent state authority that approved the export of genetic resources out of the country.

3. The Ministry of Natural Resources and Environment shall issue and guide the implementation of the model report on access to genetic resources and benefit-sharing from the use of genetic resources.

Chapter V. IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 26. State Management Responsibilities for Access to Genetic Resources and Benefit-Sharing from the Use of Genetic Resources

1. The Ministry of Natural Resources and Environment shall be responsible for:

a) Implement the contents assigned according to the provisions of this Decree;

b) Establish a national database on genetic resources, traditional knowledge associated with genetic resources, access to genetic resources, and benefit-sharing from the use of genetic resources;

c) Set up and operate an electronic information portal, registration system, and online reporting system for genetic resources, access to genetic resources, and benefit-sharing from the use of genetic resources;

d) Provide detailed guidance on accessing traditional knowledge associated with genetic resources;

đ) Coordinate with relevant ministries to provide guidance on benefit-sharing from the use of genetic resources and traditional knowledge associated with genetic resources.

2. The Ministry of Agriculture and Rural Development shall be responsible for:

a) Implement the contents assigned according to the provisions of this Decree;

b) Establish a database on genetic resources within its management scope, and be responsible for providing, exchanging, and sharing information and data on genetic resources with the Ministry of Natural Resources and Environment.

3. The Ministry of Health shall be responsible for:

a) Within the scope of its assigned tasks and powers, implement the provisions of this Decree;

b) Appoint representatives to participate in the Review Board for applications for permits to access medicinal genetic resources at the request of the competent state authority;

c) Provide, exchange, and share information and data on medicinal genetic resources to support the review process for issuing permits to access genetic resources.

4. Ministries, agencies equivalent to ministries, and government agencies shall be responsible for:

a) Within the scope of their assigned tasks and powers, participate in the review process for applications for permits to access genetic resources at the request of the competent state authority;

b) Provide, exchange, and share information and data on genetic resources to support the review process for issuing permits to access genetic resources in their respective fields of management with the competent state authority (if applicable).

5. Provincial People's Committees shall be responsible for:

a) Cooperate with the competent state authority in the review process for applications for permits to access genetic resources; manage activities related to access to genetic resources and benefit-sharing from the use of genetic resources within their jurisdiction;

b) Provide information and data on genetic resources within their jurisdiction to the competent state authority upon request.

6. District People's Committees shall be responsible for:

a) Implement the confirmation of Contracts according to the provisions of this Decree;

b) Supervise the implementation of access to genetic resources and related activities by organizations and individuals who have been granted permits to access genetic resources within their jurisdiction;

c) Handle or report to the competent authority about violations of the Access Permit or Contracts within their authority;

d) Report to the competent state authority on the activities of organizations and individuals who have been granted permits to access genetic resources within their jurisdiction when requested in writing.

Article 27. Transitional Provisions

1. Applications for permits to access genetic resources submitted to the competent state authority before the effective date of this Decree shall be reviewed and examined according to the provisions of Decree No. 65/2010/NĐ-CP dated June 11, 2010, of the Government detailing and guiding the implementation of certain articles of the Law on Biodiversity.

2. Provincial People's Committees shall be responsible for transferring files of cases that have already obtained permits to access genetic resources to the Ministry of Natural Resources and Environment before December 31, 2017, for management.

3. Organizations and individuals who wish to continue using genetic resources accessed from July 1, 2009, to the effective date of this Decree without having obtained a permit to access genetic resources must register and apply for a permit to access genetic resources according to the provisions of this Decree.

Article 28. Effective Date⁵

1. This Decree takes effect from July 1, 2017.

2. Repeal Article 18, Article 19, and Article 20 of Decree No. 65/2010/NĐ-CP dated June 11, 2010, of the Government detailing and guiding the implementation of certain articles of the Law on Biodiversity.

3. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decree./.

ANNEX

(Attached to Decree No. 59/2017/NĐ-CP dated May 12, 2017, of the Government)

Form No. 01

Respected Authority,

GUARANTOR PARTY:

Name of guarantor organization:...

Head office address:...

Number and code of Certificate of Registration for Scientific and Technological Activities:...; date of issuance:...; place of issuance:...

Field of scientific and technological activities authorized:...

Name of the legal representative of the organization:...

Position:…

Telephone: …Fax:…

PARTY BEING GUARANTEED:

Full name:…

Citizen Identification Card number or equivalent identification document:...;
date of issuance:...; place of issuance:...

Mr./Mrs.…(4)…Ethnicity (Nationality)…

Contact address:...

Professional field:...

Telephone: …Fax:…

Email address:...

Mr./Ms. (name of the party being guaranteed)... is currently a member of (name of the guarantor organization) with the position of...

By this document, we -...(name of the guarantor organization)... agree to guarantee Mr./Ms. (name of the party being guaranteed)... in fulfilling the legal obligations stipulated in the Contract on Accessing Genetic Resources and Sharing Benefits number... dated... signed between...(name of the provider)... and...(name of the accessor)...

We affirm that, in the event that Mr./Ms. (name of the party being guaranteed)... does not fully perform the commitments under the Contract number..., we will be responsible for performing the obligations of Mr./Ms. (name of the party being guaranteed)... according to the aforementioned Contract.

This guarantee letter shall take effect from the date of issuance.

This guarantee letter is made in... copies, non-transferable and irrevocable.

This guarantee letter shall be governed and interpreted in accordance with Vietnamese law./.

Form No. 02

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
____________

APPLICATION FORM FOR ACCESS TO GENETIC RESOURCES

Respected Authority,

1. General information about the applying organization or individual:

- For organizations: Full name of the organization; registration number or code of business license, activity registration decision or establishment decision, date of issuance, place of issuance; name of the organization's representative; position; name of the organization's contact representative; contact address; telephone; fax; email address.

- For persons:

+ Full name; citizen identification card number or equivalent identification document, date of issuance, place of issuance; contact address; telephone; fax; email address;

+ Qualifications and professional field of the individual;

+ Information about the science and technology organization that the individual is a member of: full name of the organization; registration number or code of certificate of registration for scientific and technological activities, date of issuance, place of issuance; name of the organization's representative; position; contact address; telephone; fax.

2. Content of the application:

- Genetic resources to be accessed (common name, scientific name, other names);

- Estimated quantity of genetic resources to be accessed (specify how many samples of genetic resources, quantity/volume);

- Purpose of accessing genetic resources:

□ Non-commercial research

□ Commercial research

□ Development of commercial products

- Duration of access (start and end dates, access period not exceeding three years);

- Location of access:

- Provider:

□ Already have a provider (clearly state the name and contact address of the provider)

□ Request introduction of a provider

- Anticipated derived activities (if any):

□ Export genetic resources out of Vietnam

□ Transfer to a third party without changing the purpose of access

3. Anticipated access plan:

- Duration of access (start and end dates);

- Method of access (means and tools for access, usage);

- Location of access (access in nature, at biodiversity conservation facilities, collections...);

- Domestic organizations or individuals conducting surveys and collecting genetic resources (clearly state the name, address, and contact person...);

4. Use of traditional knowledge associated with genetic resources (if applicable):

Provide general information about the anticipated use of traditional knowledge associated with genetic resources.

5. Documents attached to the Application Form (list documents required under Clause 2, Article 9 of Decree No. .../2017/NĐ-CP dated... month... year 2017 of the Government on management of access to genetic resources and sharing benefits from their utilization, and other documents if any)

6. Commitment

(Name of the applying organization or individual) guarantees and is fully responsible under the laws of the Socialist Republic of Vietnam for the truthfulness of the information and data provided in this application form and accompanying documents.

We request your authority to confirm the application for access to genetic resources./.

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

CONTRACT ON ACCESSING GENETIC RESOURCES AND SHARING BENEFITS

(No.: …..-…/Provider and Accessor)

- Based on the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Context of the Convention on Biological Diversity;

- Based on the Civil Code 2015;

- Based on the Law on Biodiversity 2008;

- Based on Decree No. .../2017/NĐ-CP dated... month... year 2017 of the Government on THE HEAD OF THE MINISTRY’S OFFICE, THE HEAD OF THE MINISTRY’S INSPECTION DEPARTMENT, THE HEADS OF THE DEPARTMENTS, THE DIRECTOR OF THE VIETNAM CIVIL AVIATION ADMINISTRATION, THE CHIEF EXECUTIVE OFFICER OF THE VIETNAM AIRPORTS CORPORATION - CPTP, AND THE HEADS OF THE AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS CONCERNED ARE RESPONSIBLE FOR IMPLEMENTING THIS CIRCULAR./. access to genetic resources and sharing benefits from their utilization;

- Based on the needs of (name of the Provider) and (name of the Accessor);

This contract is established on the... day of the... month of the... year... at (location)...

Between

NAME OF THE PROVIDER ORGANIZATION/INDIVIDUAL (Hereinafter referred to as "The Provider")

- For organizations: Full name of the organization; registration number or code of business license, activity registration decision, date of issuance, place of issuance; registration number or code of establishment decision or land use right certificate, water surface use right certificate where the genetic resources are accessed, date of issuance, place of issuance; name of the organization's representative; position; name of the organization's contact representative; contact address; telephone; fax; email address.

- For individuals: Full name; citizen identification card number or equivalent document, date of issue, issuing authority; certificate of land or water body use number, sign, date of issue, issuing authority; contact address; telephone; fax; email address.

And

NAME OF ORGANIZATION/INDIVIDUAL ACCESSING GENETIC RESOURCES (Hereinafter referred to as "Accessing Party")

- For organizations: Full name of the organization; registration number or code of business license, activity registration decision or establishment decision, date of issuance, place of issuance; name of the organization's representative; position; name of the organization's contact representative; contact address; telephone; fax; email address.

- For persons:

+ Full name; citizen identification card number or equivalent identification document, date of issuance, place of issuance; contact address; telephone; fax; email address;

+ Detailed information about the scientific and technological organization of which the individual is a member; Full name of the organization; registration certificate for scientific and technological activities number, sign, date of issue, issuing authority; representative's name of the organization; position; contact address; telephone; fax.

(In cases where multiple organizations or individuals collaborate to access genetic resources, they must provide complete information, negotiate and agree on terms, and jointly sign the Contract)

THE TWO PARTIES AGREE AS FOLLOWS:

Article 1. The Providing Party and the Accessing Party agree on the provision and use of genetic resources with the following specific information:

1. Genetic resource: Common name, other names, scientific name.

2. Sample of genetic resource accessed; method, quantity, volume accessed: Specify the number of specimens, volume, individuals...

3. Purpose of accessing genetic resources: Clearly state the purpose as one of the three cases: Non-commercial research; commercial research or development of commercial products.

4. Time period for accessing genetic resources (start, end): The maximum duration of the Genetic Resource Access Permit shall not exceed three years.

5. Location for accessing genetic resources.

6. Specific information about the parties expected to use the genetic resources and the location of the activities using the genetic resources.

7. Information regarding the anticipated use of traditional knowledge related to genetic resources (if applicable).

8. Information regarding the export of genetic resources out of the territory of the Socialist Republic of Vietnam.

9. Other agreements.

(Details in the attached Appendix on the Genetic Resource Access Plan)

Article 2. Sharing benefits derived from the use of genetic resources

Depending on specific circumstances, the Providing Party and the Accessing Party negotiate the form and manner of benefit sharing in accordance with Article 21, Article 22, and Article 23 of Decree No. ....../2017/ND-CP dated ... month ... year 2017 of the Government on management of access to genetic resources and sharing of benefits from their use, and other relevant laws on benefit sharing from the use of genetic resources.

Article 3. Obligations of the Accessing Party

1. Regarding the access to genetic resources:

- Only implement surveys and collection of genetic resources according to the Genetic Resource Access Plan after obtaining the Genetic Resource Access Permit issued by the competent state agency;

- Access genetic resources in accordance with Clause 1 of this Contract.

2. Regarding the use of genetic resources:

- Only use genetic resources for the purposes specified in this Contract;

- For the development of commercial products, must periodically report to the Providing Party and the competent state agency on the situation of genetic resource use, revenue from use and commercialization of products derived from genetic resources.

3. Changing the purpose of accessing and using genetic resources: Changing the purpose of accessing genetic resources shall be carried out in accordance with Clause 1 of Article 14 of Decree No. ....../2017/ND-CP dated ... month ... year 2017 of the Government on management of access to genetic resources and sharing of benefits from their use.

4. Regarding intellectual property rights over results created based on access to genetic resources:

- The Accessing Party ensures to provide information about the origin and source of genetic resources provided by the Providing Party when registering intellectual property rights over results created based on access and use of genetic resources;

- When commercializing intellectual property rights over results created from the use of accessed genetic resources, the Accessing Party must ensure benefit sharing in accordance with Article 2 of this Contract and comply with the provisions of Clause 2 of Article 22 of Decree No. ....../2017/ND-CP dated ... month ... year 2017 of the Government on management of access to genetic resources and sharing of benefits from their use.

5. Transfer of accessed genetic resources to third parties: Carried out in accordance with the provisions of Clause 2 of Article 14 of Decree No. ....../2017/ND-CP dated ... month ... year 2017 of the Government on management of access to genetic resources and sharing of benefits from their use.

6. Obligation to share benefits: Implement benefit sharing as stipulated in Article 2 of this Contract.

7. Reporting system: Implement reporting systems in accordance with the Decree on management of access to genetic resources and sharing of benefits from their use and relevant laws on access to genetic resources and benefit sharing.

8. Payment to the Providing Party and related parties for remuneration, costs, fees, taxes as prescribed.

9. Other obligations agreed upon by the parties.

Article 4. Obligations of the Supplier

1. Cooperate with the Accessor during the process of applying for an Access Permit when requested.

2. Provide the Accessor with genetic resources according to the provisions set out in Article 1 of this Contract.

3. Other obligations agreed upon by the parties.

Article 5. Dispute Resolution Mechanism

Any disputes or complaints related to access to genetic resources and sharing benefits from their utilization shall be resolved in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.

Article 6. Accounting Records System

The Accessor is responsible for maintaining and accurately updating accounting records and reports related to this Contract, including:

1. Transactions carried out.

2. Separate reports on receipts and invoices.

3. Accounting records may be accessed and audited, all prepared in accordance with general accounting standards.

4. Reports and records regarding revenue obtained from exploiting and using accessed genetic resources must be kept to ensure accurate payments.

5. The Accessor must retain accounting records and reports related to samples for a period of ... years from the date the Contract expires or terminates. This provision remains in effect even if the Contract expires or terminates prematurely.

6. Other agreements.

In addition to the above contents, depending on specific circumstances, the parties may agree on the following matters:

- Taxes, fees, charges.

- Confidentiality agreement in compliance with legal regulations.

- Insurance.

- Access to files and records.

- Amendment and supplementation of the Contract.

- Termination and liquidation of the Contract.

- Force majeure cases;

- Other related contents.

This Contract is established in ... original copies (each original copy consists of ... pages, ... pages). Each party retains ... copies, and one copy is sent to the competent state authority.

GENETIC RESOURCE ACCESS PLAN

(Appendix attached to the Genetic Resource Access and Benefit Sharing Contract)

1. General Information about Accessed Genetic Resources

- Name of genetic resource (common name, scientific name, other names).

- Sample of genetic resource.

- Quantity/volume of accessed genetic resources; (specify how many specimens, weight, individuals...).

- Purpose of accessing genetic resources.

- Duration of access (start, end): The maximum duration of the Access Permit does not exceed three years.

- Location of access.

Access outside nature:

+ Location of the access area: Specify plot, section, sub-section for forests and geographic coordinates for other ecosystems;

+ Boundaries: Clearly describe natural boundaries, accompanied by a diagram and map of the access area with the smallest scale being 1:10,000;

+ Area of the access zone;

+ Current status of the ecosystem, fauna and flora in the access area.

Access at biodiversity conservation facilities, collections:

Information on the genetic resources expected to be accessed stored at the biodiversity conservation facility, collection (time, location where genetic resources were collected).

2. Access Plan

- Method of access and implementation approach (access equipment, tools used, sampling periods).

- Domestic organizations and individuals participating in conducting surveys and collecting genetic resources (clearly specify name, address, contact information...).

3. Impact Assessment of Accessing Genetic Resources on Biodiversity, Economy, and Society

- Forecast potential impacts that could affect biodiversity, the ecosystem where access occurs, economy and society.

- Propose solutions to prevent and mitigate these impacts.

4. Plan for Using Genetic Resources

- Purpose and anticipated results of using genetic resources.

- Use of traditional knowledge combined with genetic resources in the use of genetic resources, including identifying characteristics, uses, and benefits of genetic resources (if applicable, describe traditional knowledge combined with genetic resources and identify communities and individuals providing traditional knowledge if different from genetic resource providers).

- Domestic organizations and individuals participating in research and development of commercial products from genetic resources, derivatives of genetic resources (clearly specify name, address, contact information...).

- Location for conducting research and development of commercial products from genetic resources, derivatives of genetic resources.

- Anticipated derived activities (if any):

+ Exporting genetic resources out of the territory of the Socialist Republic of Vietnam (detail quantity/volume of genetic resources and number of times genetic resources are exported out of Vietnam);

+ Transfer genetic resources to third parties without changing the purpose of use.

(Attached information on the organization or individual receiving genetic resources, time of exporting accessed genetic resources out of Vietnam; planned usage activities).

5. Commitment to Share Benefits from Using Genetic Resources

(Form, method, and implementation of sharing benefits from using genetic resources agreed upon in the Genetic Resource Access and Benefit Sharing Contract between the Accessor and the Supplier)

Form number 04

Pursuant to …;

Regarding Issuance of Genetic Resource Access Permit

(Original file number .... date ...)

MINISTER OF THE MINISTRY OF...

Pursuant to Decree No. .../201.../NĐ-CP dated ... month ... year 20... of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of ...;

Pursuant to Decree No. ...... /2017/NĐ-CP dated ... month ... year 2017 of the Government on management of access to genetic resources and sharing benefits from their utilization;

Considering the application for issuance of a Genetic Resource Access Permit submitted by ... (name of organization/person);

At the proposal of (name of the permanent agency in charge of examination and approval),

DECISION:

Article 1. Issue a Genetic Resource Access Permit to:

- For organizations: Full name of the organization; registration number or code of business license, activity registration decision or establishment decision, date of issuance, place of issuance; name of the organization's representative; position; name of the organization's contact representative; contact address; telephone; fax; email address.

- For persons:

+ Full name; citizen identification card number or equivalent document, date of issue, issuing authority; contact address; telephone; fax; email address; field of expertise in science and technology;

+ Detailed information about the sponsoring organization: Full name of the organization; registration certificate number for scientific and technological activities, date of issue, issuing authority; name of the representative of the organization; position; contact address; telephone; fax;

+ Number, symbol; place name and date of issuance of the document; name of the guarantee document; organization issuing the document.

Article 2. Scope of access to genetic resources:

1. Genetic resource: Common name, other names, scientific name.

2. Sample of genetic resource for access; method, quantity, volume of access.

3. Purpose of access to genetic resources.

4. Time of access to genetic resources (start, end).

5. Location for accessing genetic resources.

6. Supplier (name, contact details).

7. Information of parties using genetic resources and location of activities using genetic resources.

8. Information on the use of traditional knowledge related to genetic resources.

9. Information on the export of genetic resources out of the territory of the Socialist Republic of Vietnam.

Article 3. Responsibilities of (name of organization, individual) granted permission:

1. Using genetic resources for purpose (registered purpose).

2. Implementing the Genetic Resource Access Plan issued together with this Decision.

3. Implementing the contents of the Genetic Resource Access Contract and Benefit Sharing Agreement number ..., dated ..., between (Accessor) and (Provider) ..., certified by the People's Committee of ..., on ..., month ..., year ..., witnessed by ..., on ..., month ..., year ....

4. Adhering to reporting obligations and other relevant regulations when accessing and using genetic resources, derivatives of genetic resources originating from Vietnam.

Article 4. This permit shall be effective from the date of signature until ..., month ..., year ....

Article 5. Head of (name of permanent agency reviewing), ... and ... (name of organization, individual) ... are responsible for implementing this Decision./.

Form number 05

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
___________

APPLICATION FOR EXTENSION OF GENETIC RESOURCE ACCESS PERMIT

Respectfully submitted to: (State authority with jurisdiction).

1. General Information

- Organization or individual requesting extension of access time:

+ For organizations: Full name of the organization; registration number and symbol of business registration certificate, activity decision or establishment decision, date of issue, place of issue; name of the representative of the organization; position; name of the organization's contact representative; address; telephone; fax; email address;

+ For individuals:

Name and surname; citizen identification card number or equivalent document, date of issue, place of issue; contact address; telephone; fax; email address;

Detailed information about the scientific and technological organization that the individual is a member of: Full name of the organization; registration number and symbol of scientific and technological activity registration certificate, date of issue, place of issue; name of the representative of the organization; position; contact address; telephone; fax.

- Genetic resource access permit already issued under Decision number ... /QD- ... dated ... month ... year ... of the Minister of ...

2. Summary of the situation and results of genetic resource access and benefit sharing activities implemented

3. Content of the request for extension of the Genetic Resource Access Permit

- Reason (clearly state the reason and explanation) for the request for extension: ...

- Requested extension period: From ... to ...

4. Documents attached (list of documents attached as prescribed in Clause 2 Article 17 Decree number .../2017/ND-CP dated ... month ... year 2017 of the Government on management of genetic resource access and benefit sharing from their use).

(Name of organization or individual requesting) guarantees and is fully responsible under the laws of the Socialist Republic of Vietnam for the truthfulness of the information and data provided in this application and accompanying documents.

We respectfully request your consideration for the extension of the Genetic Resource Access Permit already issued./.

Form number 06

Pursuant to …;

Regarding the Extension of the Genetic Resource Access Permit

MINISTER OF...

Pursuant to Decree number .../201.../ND-CP dated ... month ... year ... of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of ...

Pursuant to Decree number .../2017/ND-CP dated ... month ... year 2017 of the Government on management of genetic resource access and benefit sharing from their use;

Considering the application for extension of the Genetic Resource Access Permit of ... (name of organization/individual);

At the proposal of (name of the permanent agency in charge of examination and approval),

DECISION:

Article 1. Extending the time of genetic resource access at Decision number ... /QD- ... dated ... month ... year ... of the Minister of ... regarding the issuance of the Genetic Resource Access Permit from ... month ... year ... to ... month ... year ...

Article 2. Matters not regulated in this Decision shall be implemented according to Decision number .../QD-... dated ... month ... year ... of the Minister of ... regarding the issuance of the Genetic Resource Access Permit.

Article 3. This Decision shall take effect from the date of signature until ... month ... year ...

Article 4. Head of (name of permanent agency reviewing), ... and ... (name of organization, individual) ... are responsible for implementing this Decision./.

Form No. 07

Pursuant to …;

Regarding the Revocation of the Decision Issuing the Genetic Resource Access Permit

MINISTER OF...

Pursuant to Decree number .../201.../ND-CP dated ... month ... year ... of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of ...

Pursuant to Decree No. ...... /2017/NĐ-CP dated ... month ... year 2017 of the Government on management of access to genetic resources and sharing benefits from their utilization;

At the proposal of (name of the permanent agency in charge of examination and approval),

DECISION:

Article 1. Revoke Decision number ... dated ... month ... year ... of the Minister of ... regarding the issuance of the Genetic Resource Access Permit.

(Name of organization, individual) who has been issued the Genetic Resource Access Permit at Decision number ... must immediately cease all activities of accessing genetic resources in Vietnam and fulfill the following obligations:

………………………………………………………………………………………………………….

Article 2. This Decision shall take effect from the date of signing.

Article 3. Head of (name of permanent agency reviewing), ... and ... (name of organization, individual) ... are responsible for implementing this Decision./.

 Form No. 08

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
____________

APPLICATION (DOCUMENT) FOR EXPORTING GENETIC RESOURCES OUT OF VIETNAM FOR NON-COMMERCIAL PURPOSES SUCH AS STUDY/RESEARCH

Respected Authority,

1. Information about the registered scientific and technological organization/individual

- For scientific and technological organizations: Full name of the organization; registration number and symbol of scientific and technological activity registration certificate, date of issue, place of issue; name of the representative of the organization; position; contact address; telephone; fax.

- For individuals: Name and surname; citizen identification card number or equivalent document, date of issue, place of issue; contact address; telephone; fax; email address; detailed information about the scientific and technological organization or educational institution where the student, researcher is studying.

2. Purpose of exporting abroad

□ Non-commercial research

□ Study

3. Information about genetic resources to be exported abroad

4. Information on the Provider

- For organizations: Full name of the organization; business registration certificate, operation permit; establishment decision or land/marine area usage right certificate; representative's name; position; contact representative's name; contact address; telephone; fax; email address.

- For individuals: Full name; citizen identification card number or equivalent document, date of issue, place of issue; land/marine area usage right certificate number; contact address; telephone; fax; email address.

5. Information on the use of genetic resources abroad

Provide specific information about foreign organizations and individuals cooperating to receive genetic resources for non-commercial educational/research purposes.

6. Documents attached with the Application (list the documents required under Article 20 of Decree No....../2017/ND-CP dated... month... year 2017 of the Government on management of access to genetic resources and sharing benefits arising from their utilization, and other relevant documents if any).

7. Commitment

(Scientific and technological organization/individual) commits:

- To use only the genetic resources proposed for export for non-commercial educational/research purposes;

- Not to transfer the genetic resources proposed for export to third parties;

- To comply with the reporting obligations stipulated in Decree No…./2017/ND-CP dated... month... year 2017 of the Government on management of access to genetic resources and sharing benefits arising from their utilization;

- To ensure and fully bear responsibility responsibility before the laws of the Socialist Republic of Vietnam regarding the truthfulness of the information and data provided in this application and accompanying documents.

We respectfully request your consideration to approve the export of the aforementioned genetic resources for non-commercial educational/research purposes abroad.

Form No. 09

Pursuant to …;

Regarding permission to export genetic resources for research and education without commercial purposes

MINISTER OF...

Pursuant to Decree No.../201../ND-CP dated... month... year... of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of...;

Pursuant to Decree No…./2017/ND-CP dated... month... year 2017 of the Government on management of access to genetic resources and sharing benefits arising from their utilization;

Considering the application for exporting genetic resources out of the territory of the Socialist Republic of Vietnam for non-commercial educational/research purposes submitted by... (scientific and technological organization/individual)...;

At the proposal of (name of the permanent agency in charge of examination and approval),

DECISION:

Article 1. Information on the scientific and technological organization/individual permitted to export genetic resources for non-commercial educational/research purposes:

- For scientific and technological organizations: Full name of the organization; registration number and symbol of scientific and technological activity registration certificate, date of issue, place of issue; name of the representative of the organization; position; contact address; telephone; fax.

- For individuals: Full name; citizen identification card number or equivalent document, date of issue, place of issue; contact address; telephone; fax; email address; general information about the scientific and technological organization or training institution where students, researchers are studying.

Article 2. Information on the genetic resources permitted to be exported out of Vietnam for non-commercial educational/research purposes:

1. Genetic resource (common name, scientific name, other names).

2. Sample of genetic resource.

3. Information on the Provider (name, contact details).

4. Location where the genetic resource was collected.

5. Quantity/Volume of genetic resources permitted to be exported out of Vietnam.

6. Location of use of genetic resources abroad (research organization name, training institution name, contact details).

Article 3. Responsibilities of (name of scientific and technological organization/individual) authorized:

1. To use only the authorized genetic resources for the purpose of (education or non-commercial research).

2. Not to transfer the authorized genetic resources to third parties.

3. To comply with reporting obligations and other relevant Vietnamese laws on management of access to genetic resources and sharing benefits arising from their utilization as stipulated in Decree No……/2017/ND-CP dated... month... year 2017 of the Government and other related laws.

Article 4. This Decision takes effect from the date of signature.

Article 5. The head of (permanent agency responsible for review),...and (scientific and technological organization/individual)...is responsible for implementing this Decision./.

¹ Decree No. 22/2023/ND-CP dated May 12, 2023 of the Government amending and supplementing certain articles of decrees related to business activities in the field of natural resources and environment is based on the following:

"Pursuant to the Law on Water Resources dated June 21, 2012;

Pursuant to the Law on Minerals dated November 17, 2010;

Pursuant to the Law on Meteorology and Hydrology dated November 23, 2015;

Pursuant to the Law on Biodiversity dated November 13, 2008;

Pursuant to the Investment Law dated June 17, 2020;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates the Decree amending and supplementing certain articles of decrees related to business activities in the field of natural resources and environment"

² The term "citizen identification card" is replaced by the term "Citizen identification card/citizen identification card/unique personal identification number" as stipulated in Clause 1, Article 7 of Decree No. 22/2023/ND-CP amending and supplementing certain articles of decrees related to business activities in the field of natural resources and environment, which takes effect from May 12, 2023.

³ The term "citizen identification card, citizen identification card" is replaced by the term "Citizen identification card/citizen identification card/unique personal identification number" as stipulated in Clause 2, Article 7 of Decree No. 22/2023/ND-CP amending and supplementing certain articles of decrees related to business activities in the field of natural resources and environment, which takes effect from May 12, 2023.

⁴ The term "citizen identification card, citizen identification card" is replaced by the term "Citizen identification card/citizen identification card/unique personal identification number" as stipulated in Clause 2, Article 7 of Decree No. 22/2023/ND-CP amending and supplementing certain articles of decrees related to business activities in the field of natural resources and environment, which takes effect from May 12, 2023.

⁵ Article 12 of Decree No. 22/2023/NĐ-CP amending and supplementing certain articles of related Decrees concerning business activities in the natural resources and environment sector, shall take effect from May 12, 2015, and is stipulated as follows:

"Article 12. Implementation Provisions

1. This Decree takes effect from the date of issuance.

2. Transitional Provisions

Investment and business conditions, and files that have been fully and properly received before the effective date of this Decree shall be processed according to the provisions of current Decrees at the time of receipt.

3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and relevant organizations and individuals are responsible for implementing this Decree./."