Circular No. 10/2020/TT-BTNMT on reporting access to genetic resources and sharing benefits from their utilization

CIRCULAR

Regulations on reporting access to genetic resources
and sharing benefits from the utilization of genetic resources

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

On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

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

At the proposal of the General Director of the Environment Administration and the Director of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular detailing Clause 3, Article 25 of Decree No. 59/2017/NĐ-CP dated May 12, 2017 of the Government on management of access to genetic resources and sharing benefits from the utilization of genetic resources (hereinafter referred to as Decree No. 59/2017/NĐ-CP).

Article 1. Scope of Regulation

This Circular applies to state administrative agencies, organizations, and individuals involved in activities related to access to genetic resources and sharing benefits from the utilization of genetic resources, specifically:

Article 2. Applicability

1. State authorities with the authority to issue, extend, and revoke Genetic Resource Access Permits as stipulated in Article 6 of Decree No. 59/2017/NĐ-CP (hereinafter referred to as competent authorities).

2. Organizations and individuals who have been granted Genetic Resource Access Permits by competent authorities as stipulated in Clause 1, Article 7 of Decree No. 59/2017/NĐ-CP.

3. Students, postgraduates, research fellows, and Vietnamese scientific and technological organizations that have been permitted by competent authorities to export genetic resources abroad as stipulated in Clauses 1 and 2, Article 20 of Decree No. 59/2017/NĐ-CP.

Article 3. Reporting on the results of implementing access to genetic resources and sharing benefits from their utilization

1. The format for reporting on the results of implementing access to genetic resources and sharing benefits from their utilization (hereinafter referred to as the report) includes: a) A report on genetic resource access activities according to Form No. 01 as prescribed in the Appendix attached hereto;

b) A report on the situation and results of using genetic resources according to Form No. 02 as prescribed in the Appendix attached hereto;

c) A report on the results of study and research on genetic resources that have been permitted to be exported abroad according to Form No. 03 as prescribed in the Appendix attached hereto.

2. The language used in the report shall be Vietnamese and shall be carried out in one of the following two forms:

a) Paper version: for organizations, it is a copy signed by the legal representative of the organization, stamped by the organization submitting the report (if applicable); for individuals, it is a copy signed and clearly written with the full name of the individual submitting the report and confirmed by the organization that has guaranteed for the individual (if applicable);

b) Electronic version: presented in the form of an image (pdf format) of the paper report as prescribed in point a of this clause or in the form of an electronic file authenticated by the digital signature of the legal representative of the organization submitting the report in accordance with the provisions of the law.

3. Organizations and individuals specified in Clause 2, Article 2 of this Circular shall submit reports within the following deadlines:

a) Within three months from the date of completion of the genetic resource sample collection activity according to the Genetic Resource Access Plan issued together with the Decision granting the Genetic Resource Access Permit, they must report on the genetic resource access activities as stipulated in point a, Clause 1 of this Article;

b) Annually every two years (within five days from the end of the second year of the effectiveness of the Decision granting the Genetic Resource Access Permit), they must report on the situation and results of using genetic resources as stipulated in point b, Clause 1 of this Article.

4. Organizations and individuals specified in Clause 3, Article 2 of this Circular, no later than three months from the end of the study and research program, must report on the results of study and research on genetic resources that have been permitted to be exported abroad as stipulated in point c, Clause 1 of this Article.

5. Reports as stipulated in Clauses 3 and 4 of this Article shall be submitted directly or through postal services or other methods as prescribed by law to the competent authority that issued the permit. The report must ensure the accuracy, objectivity, and truthfulness of the reported information and figures, and the organizations and individuals preparing the report shall bear legal responsibility for the information provided in the report.

This Circular takes effect from November 16, 2020.

1. The Environment Administration shall be responsible for guiding, inspecting, and urging the implementation of this Circular.

Article 4. Effective date

2. Ministries, ministerial-level agencies, government agencies, provincial People's Committees, municipal People's Committees under the central government, and relevant organizations and individuals shall be responsible for implementing this Circular./.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

                                                                                                             Minister

2. The ministries, ministerial-level agencies, government agencies, provincial People's Committees, municipal People's Committees under the central government, and related organizations and individuals are responsible for implementing this Circular./.

                                                                                                             MINISTER

                                                                                                               (Signed)

                                                                                                           TRAN HONG HA