Circular No. 09/2012/TT-BTNMT on the provision, exchange of information and data on genetically modified organisms

Article 1. Scope of Regulation and Applicability

1. This Circular regulates the provision and exchange of information and data on genetically modified organisms.

2. This Circular applies to state agencies, organizations, individuals within Vietnam, overseas Vietnamese, foreign organizations, and individuals (hereinafter referred to as organizations and individuals) engaged in activities related to the provision and exchange of information and data on genetically modified organisms.

Article 2. Data and Information on Genetically Modified Organisms

1. Data on genetically modified organisms is the original document, including various types of information and data as specified in Clause 2 of this Article that have been processed and stored according to regulations.

2. Information and data on genetically modified organisms include:

a) Bilateral and multilateral agreements related to biosafety for genetically modified organisms that Vietnam participates in or signs;

b) Current legal provisions on biosafety for genetically modified organisms;

c) Results of programs, projects, research topics on biosafety for genetically modified organisms retained by competent management authorities;

d) Biosafety certificates, Certificates confirming genetically modified organisms meet conditions for food use, Certificates confirming genetically modified organisms meet conditions for animal feed use, Permits for field trials of genetically modified organisms; Decisions recognizing field trial results, Decisions recognizing and revoking recognition of laboratories researching genetically modified organisms, Decisions recognizing and revoking recognition of field trial sites for genetically modified organisms; Lists of genetically modified organisms permitted for food and animal feed use and release into the environment; permits or decisions for importing genetically modified organisms not included in the list of genetically modified organisms permitted for food and animal feed use and release into the environment;

đ) Reports including: reports as prescribed in Appendices I, II, III, IV, and V issued together with Decree No. 69/2010/NĐ-CP dated June 21, 2010 of the Government on biosafety for genetically modified organisms, genetic material, and products derived from genetically modified organisms; reports on inspections and handling of unintentional transportation of genetically modified organisms; reports on inspections, handling, and remediation of incidents involving risks associated with genetically modified organisms;

e) Information on: field trials of genetically modified organisms; areas planted with genetically modified crops, incidents of risk and measures taken; lists of experts in biosafety and modern biotechnology both domestically and internationally; other relevant information and data on genetically modified organisms.

Article 3. Database on Genetically Modified Organisms

1. The database on genetically modified organisms is a collection of data on genetically modified organisms as stipulated in Clause 1, Article 2 of this Circular that has been inspected, evaluated, processed, integrated, and systematically stored in an organized manner under the form of data files saved on information systems, storage devices, and carriers such as computer hard drives, magnetic tapes, CDs, DVDs, or documents and materials built, updated, and maintained to serve state management and economic, social, defense, security, scientific research, education, and enhancing public awareness activities.

2. The database on genetically modified organisms includes:

a) The national database on genetically modified organisms (hereinafter referred to as the national database) established, stored, and managed by the Ministry of Natural Resources and Environment;

b) The sectoral database on genetically modified organisms (hereinafter referred to as the sectoral database) established, stored, and managed by ministries, ministerial-level agencies, and government-affiliated agencies;

c) The local database on genetically modified organisms (hereinafter referred to as the local database) established, stored, and managed by the People's Committees of provinces and centrally governed cities (hereinafter collectively referred to as provincial People's Committees).

Article 4. Construction and Management of the Database on Genetically Modified Organisms

1. Entrust the General Department of Environment to be the managing agency of the national database. The General Department of Environment shall be responsible for:

a) Collecting all data on genetically modified organisms of sectors and localities nationwide uniformly;

b) Organizing updates, management, exploitation, and utilization of information and data on genetically modified organisms;

c) Guiding and inspecting the implementation of contents prescribed in Points a and b of Clause 1 of this Article.

2. Ministries, ministerial-level agencies, and government-affiliated agencies shall entrust units to manage the sectoral database and issue written notifications to the General Department of Environment for their knowledge and coordination in implementation. The lead agency shall perform the following tasks:

a) Collecting all data on genetically modified organisms within the scope of its management uniformly;

b) Organizing updates, management, and utilization of information and data on genetically modified organisms within the scope of its management;

c) Guiding and inspecting the implementation of contents prescribed in Points a and b of Clause 2 of this Article.

3. The Department of Natural Resources and Environment shall be responsible for assisting the provincial People's Committee in managing the collection, management, exploitation, and utilization of data on genetically modified organisms. The Department of Natural Resources and Environment shall be responsible for:

a) Collecting all data on genetically modified organisms of the locality uniformly;

b) Organizing updates, management, and utilization of information and data on genetically modified organisms of the locality;

c) Guiding and inspecting the implementation of contents prescribed in Points a and b of Clause 3 of this Article.

4. Funds allocated for constructing, updating, and managing the national, sectoral, and local databases on genetically modified organisms shall be sourced from the central and local budgets and the environmental affairs budget.

Article 5. Provision of Information and Data on Genetically Modified Organisms to the National Database

1. The managing agencies of the sectoral and local databases according to their respective areas of management shall be responsible for providing information and data on genetically modified organisms in written form and sending them to the General Department of Environment, while simultaneously sending information and data files to the email address [email protected] within the time limit specified in Clause 2 of this Article.

2. Time limit for providing information and data on genetically modified organisms:

a) Within five (05) working days from the date of issuance of the document for the information and data as stipulated in Point d, Clause 2, Article 2 of this Circular;

b) Within three (03) working days from the date of issuing the formal conclusion for reports on inspections and handling cases of unintentional transportation of genetically modified organisms; reports on inspections, handling, and remediation of cases involving risks related to genetically modified organisms as stipulated in Point d, Clause 2, Article 2 of this Circular.

3. The General Department of Environment shall be responsible for publicly disclosing information and data in accordance with the law.

Article 6. Exploitation and Use of Information and Data on Genetically Modified Organisms

1. Information and data on genetically modified organisms published on the biosafety electronic information website shall be exploited and used in accordance with the provisions of laws governing the management and use of electronic information on the Internet.

2. The exploitation and use of information and data on genetically modified organisms that differ from the provisions of Clause 1 of this Article shall be carried out in accordance with the provisions of Chapter IV on the provision, exploitation, and use of data on natural resources and the environment stipulated in Circular No. 07/2009/TT-BTNMT dated July 10, 2009, issued by the Minister of Natural Resources and Environment detailing certain provisions of Government Decree No. 102/2008/NĐ-CP dated September 15, 2008, on the collection, management, exploitation, and use of data on natural resources and the environment.

3. The General Department of Environment shall have the responsibility to provide data on genetically modified organisms to the Secretariat of the Cartagena Protocol in accordance with the provisions of the Cartagena Protocol.

Article 7. Posting of Information and Data on Genetically Modified Organisms

1. Information and data on genetically modified organisms shall be posted on the Biosafety Electronic Information Website using the official language of Vietnamese accompanied by the reference language of English, with the trading name "Vietnam BCH Portal" and domain name: http://www.antoansinhhoc.vn

2. The General Department of Environment shall be responsible for: building and managing the Biosafety Electronic Information Website; updating information and data on the Biosafety Electronic Information Website within the following deadlines:

a) Within three (03) working days from the date of receipt of information and data provided through the electronic network;

b) Within five (05) working days from the date of receipt of information and data in written form.

Article 8. Implementation clause

1. This Circular takes effect from October 8, 2012.

2. The General Department of Environment shall be responsible for guiding, inspecting, monitoring, and urging the implementation of this Circular.

3. Ministries, ministerial-level agencies, government agencies, People's Committees at all levels, and related organizations and individuals shall be responsible for implementing this Circular.

4. In the course of implementation, if there are difficulties or obstacles, relevant agencies, organizations, and individuals are requested to promptly report to the Ministry of Natural Resources and Environment for consideration and resolution./.