Decision No. 102/2007/QĐ-TTg on approving the "Comprehensive Plan to Enhance Management Capacity for Biosafety of Genetically Modified Organisms and Products Derived from Genetically Modified Organisms from now until 2010 to Implement the Cartagena Protocol on Biosafety"

DECISION OF THE PRIME MINISTER

Regarding the approval of the "Comprehensive Plan to Strengthen Management Capacity for Biosafety of Genetically Modified Organisms and Products Derived from Genetically Modified Organisms from now until 2010 to Implement the Cartagena Protocol on Biosafety"

concerning genetically modified organisms and products, goods originating from genetically modified organisms

from now until 2010, implement the Cartagena Protocol on Biosafety"

PRIME MINISTER

Based on the Law on the Organization of the Government dated December 25, 2001;

Pursuant to the Environmental Protection Law dated November 29, 2005;

Pursuant to Decision No. 212/2005/QĐ-TTg dated August 26, 2005 of the Prime Minister promulgating the Regulations on Biosafety Management for Genetically Modified Organisms and Products Derived from Genetically Modified Organisms;

Pursuant to Decision No. 79/2007/QĐ-TTg dated May 31, 2007 of the Prime Minister approving the "National Action Plan on Biodiversity to 2010 and Orientations to 2020 to Implement the Convention on Biological Diversity and the Cartagena Protocol on Biosafety";

CONSIDERING THE PROPOSAL OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT,

DECISION:

Article 1. Approves the "Comprehensive Plan to Strengthen Management Capacity for Biosafety of Genetically Modified Organisms and Products Derived from Genetically Modified Organisms from now until 2010 to Implement the Cartagena Protocol on Biosafety" (hereinafter referred to as the Comprehensive Plan) with the main contents as follows:

I. GUIDING PRINCIPLES

1. Biosafety management is an inseparable task in the process of research and development of modern biotechnology. Biosafety management contributes to promoting the development of modern biotechnology, achieving many new achievements, while accompanying it with strict control measures, management, and prevention of potential risks that may occur during the process with the aim of protecting human health, living environment, and biodiversity, serving the goal of sustainable national development.

2. Risk prevention is the leading principle in biosafety management for genetically modified organisms and products derived from genetically modified organisms.

3. Biosafety management must be appropriate to the country's economic and social conditions, meeting the requirements of the Cartagena Protocol on Biosafety and other related international treaties to which Vietnam is a member.

4. To fully utilize existing capacity in terms of technical infrastructure, specialized staff, and biosafety management.

5. Expand international cooperation in biosafety with countries around the world to learn from experience, attract investment, and enhance management capacity in this field in the country.

II. OBJECTIVES

1. Develop, promulgate, and perfect the legal system, mechanisms, and policies on biosafety management.

2. Develop, consolidate, and improve the organizational system for biosafety management uniformly from central to local levels.

3. Build and strengthen technical infrastructure towards advanced and modern standards; ensure that there are sufficient laboratories across the three regions of the country equipped with modern and synchronized machinery and equipment capable of accurately analyzing, identifying, and determining various types of genetically modified organisms and products derived from genetically modified organisms; assess risks correctly, manage and control risks caused by these entities, meet international integration requirements well. Establish and put into operation the national biosafety information system.

4. Train sufficient human resources in specialized fields to meet the requirements of biosafety management at ministries, sectors, localities, and grassroots levels.

5. Enhance public awareness about biosafety regarding genetically modified organisms and products derived from genetically modified organisms.

III. SCOPE

The Comprehensive Plan focuses on enhancing management capacity (state, specialized, operational...) for biosafety of genetically modified organisms and products derived from genetically modified organisms from now until 2010.

IV. MAIN TASKS

To implement the viewpoints and objectives set out above in the Comprehensive Plan, it is necessary to focus on implementing the following main tasks, projects, and component programs:

1. Develop and perfect the legal system, mechanisms, and policies on biosafety management:

a) Develop and promulgate "Regulations on Field Testing, Risk Assessment, Risk Management, and Issuance of Biosafety Certificates for Genetically Modified Crops":

- Lead agency: Ministry of Agriculture and Rural Development;

- Coordinating agencies: Ministries of Health, Industry, Fisheries, Science and Technology, Natural Resources and Environment, Justice;

- Agency and time of promulgation: Ministry of Agriculture and Rural Development, December 2007.

b) Develop and promulgate "Regulations on Biosafety Management in Scientific Research and Technological Development for Genetically Modified Organisms and Products Derived from Genetically Modified Organisms":

- Lead agency: Ministry of Science and Technology;

- Coordinating agencies: Ministries of Industry, Agriculture and Rural Development, Fisheries, Health, Natural Resources and Environment, Finance, Justice;

- Agency and time of promulgation: Ministry of Science and Technology, first quarter of 2008.

c) Develop and promulgate "Regulations on Export, Import, Storage, and Transport of Genetically Modified Organisms and Products Derived from Genetically Modified Organisms":

- Lead agency: Ministry of Trade;

- Coordinating agencies: Ministries of Industry, Agriculture and Rural Development, Finance (General Customs Department), Natural Resources and Environment, Fisheries, Health, Justice;

- Agency and time of promulgation: Ministry of Trade, first quarter of 2008.

d) Develop and promulgate "Regulations on Food Safety Management for Foods Derived from Genetically Modified Organisms":

- Lead agency: Ministry of Health;

- Coordinating agencies: Ministries of Industry, Agriculture and Rural Development, Finance (General Customs Department), Fisheries, Trade, Natural Resources and Environment, Justice;

- Agency and time of promulgation: Ministry of Health, first quarter of 2008.

đ) Develop and promulgate "Regulations on Biosafety Management for Production, Business, and Service Activities of Crops and Livestock Feed Derived from Genetically Modified Organisms":

- Lead agency: Ministry of Agriculture and Rural Development;

- Coordinating agencies: Ministries of Industry, Finance, Natural Resources and Environment, Fisheries, Trade, Health, Justice;

- Agency and time of implementation: Ministry of Agriculture and Rural Development, second quarter of 2008.

e) Establish and promulgate "Regulations on testing, risk assessment, risk management, and issuance of Biosafety Certificates for genetically modified animals":

- Lead agency: Ministry of Agriculture and Rural Development;

- Coordinating agencies: Ministries of Fisheries, Health, Industry, Science and Technology, Natural Resources and Environment, Justice;

- Issuing agency and time: Ministry of Agriculture and Rural Development, third quarter of 2008.

g) Establish and promulgate "Regulations on biosafety management for genetically modified microorganisms":

- Lead agency: Ministry of Science and Technology;

- Coordinating agencies: Ministries of Industry, Agriculture and Rural Development, Natural Resources and Environment, Fisheries, Health, Justice;

- Issuing agency and time: Ministry of Science and Technology, third quarter of 2008.

h) Draft and submit "The Biodiversity Law, including a Chapter on Biosafety Management for Genetically Modified Organisms and Products Derived from Genetically Modified Organisms, and the draft Decree of the Government detailing and guiding implementation of this Chapter":

- Leading agency: Ministry of Natural Resources and Environment;

- Coordinating agencies: Ministries of Justice, Agriculture and Rural Development, Fisheries, Health, Science and Technology, Industry, Education and Training, Planning and Investment, Finance, Trade, Foreign Affairs;

- Time to submit to the Government and National Assembly: fourth quarter of 2008.

2. Develop and enhance capacity for biosafety management:

a) Component project "Strengthening technical infrastructure, organizing reviews and recognizing laboratories within research institutes and universities with sufficient capabilities to analyze, identify, and determine genetically modified organisms and products derived from genetically modified organisms; assess risks, manage and monitor risks caused by genetically modified organisms and products derived from genetically modified organisms":

- Lead agency: Ministry of Science and Technology;

- Coordinating agencies: Ministries of Education and Training, Agriculture and Rural Development, Industry, Fisheries, Health, Planning and Investment, Finance, Natural Resources and Environment, Trade, Vietnam Academy of Science and Technology;

- Approving agency and time: Ministry of Science and Technology, first quarter of 2008.

b) Component project "Training specialized staff with adequate qualifications and capabilities in testing, risk assessment, risk management, analysis, and determination of genetically modified organisms and products derived from genetically modified organisms":

- Leading agency: Ministry of Education and Training;

- Coordinating agencies: Ministries of Agriculture and Rural Development, Industry, Health, Fisheries, Science and Technology, Planning and Investment, Finance, Natural Resources and Environment, Trade, Vietnam Academy of Science and Technology;

- Approving agency and time: Ministry of Education and Training, second quarter of 2008.

c) Component project "Develop a model for testing, risk assessment, management, and monitoring of risks for genetically modified crops":

- Lead agency: Ministry of Agriculture and Rural Development;

- Coordinating agencies: Ministries of Industry, Science and Technology, Natural Resources and Environment, Health, Vietnam Academy of Science and Technology;

- Approving agency and time: Ministry of Agriculture and Rural Development, second quarter of 2008.

d) Component project "Enhance investment in technical infrastructure and equipment for national focal points and functional units under ministries managing sectors and fields related to biosafety":

- Leading agency: Ministry of Natural Resources and Environment;

- Coordinating agencies: Ministries of Planning and Investment, Finance, Industry, Agriculture and Rural Development, Fisheries, Health, Science and Technology, Trade;

- Approving agency and time: Ministry of Natural Resources and Environment, second quarter of 2008.

đ) Component project "Enhance state management capacity for biosafety for managers at ministries, sectors, and localities":

- Leading agency: Ministry of Natural Resources and Environment;

- Coordinating agencies: Ministries of Industry, Agriculture and Rural Development, Fisheries, Health, Science and Technology, Education and Training, Planning and Investment, Finance, Trade, Foreign Affairs, Justice;

- Approving agency and time: Ministry of Natural Resources and Environment, second quarter of 2008.

3. Enhance public awareness about biosafety:

- Component project "Enhance public awareness and strengthen social supervision capacity regarding biosafety for genetically modified organisms and products derived from genetically modified organisms":

- Leading agency: Ministry of Natural Resources and Environment;

- Coordinating agencies: Ministries of Culture, Industry, Education and Training, Science and Technology, Agriculture and Rural Development, Planning and Investment, Finance, Fisheries, Trade, Health; Justice, Voice of Vietnam Radio, Vietnam Television, Vietnam Association for Science and Technology, Vietnam Chamber of Commerce and Industry, Vietnam General Confederation of Labor, Vietnam Academy of Science and Technology;

- Approving agency and time: Ministry of Natural Resources and Environment, second quarter of 2008.

4. International cooperation in biosafety:

- Component project "Expand and strengthen bilateral and multilateral cooperation with countries worldwide to learn experiences, attract investment, and enhance biosafety management capacity in our country":

- Leading agency: Ministry of Natural Resources and Environment;

- Coordinating agencies: Ministries of Foreign Affairs, Science and Technology, Agriculture and Rural Development, Industry, Health, Fisheries, Planning and Investment, Finance, Trade, Justice;

- Approving agency and time: Ministry of Natural Resources and Environment, first quarter of 2008.

V. SOME KEY SOLUTIONS

1. Strengthen organizations responsible for implementing biosafety management tasks; promote education and raise public awareness about biosafety:

a) Ministries assigned responsibilities and authorities for biosafety management as stipulated in Decision No. 212/QĐ-TTg dated August 26, 2005 of the Prime Minister on the issuance of regulations on biosafety management for genetically modified organisms and products derived from genetically modified organisms must assign specific functional units and appoint specific officials to oversee biosafety management within their respective jurisdictions;

b) Establish a National Biosafety Council, Sectoral Biosafety Councils, and Institutional Biosafety Councils at some research institutes and universities that have significant involvement in this field during their operations to advise leadership levels on biosafety management.

c) Strengthen propaganda, education, and raise public awareness about the risks that modern biotechnology, especially genetically modified organisms, products, and goods derived from genetically modified organisms may cause, to proactively monitor and participate in the management of biosafety for these subjects.

2. Enhance and diversify sources of investment capital for biosafety management:

a) Diversify and effectively utilize various sources of investment capital; gradually increase state budget investment for biosafety management work; prioritize investment in human resource training and enhance technical infrastructure, machinery, and equipment for analysis, identification, risk assessment, management, and monitoring of risks associated with genetically modified organisms, products, and goods derived from genetically modified organisms;

b) The total funding required to implement all components of the overall project shall be determined based on the funding of each task, project, and sub-project approved by the competent authority. Annually, based on the proposals of relevant ministries, sectors, localities, and the Ministries of Planning and Investment, Finance, the State will gradually increase investment capital from the state budget to effectively and timely implement the contents of the overall project;

c) In addition to state budget capital, it is necessary to encourage, attract, and effectively utilize other sources of investment capital through bilateral and multilateral international cooperation programs; actively mobilize additional capital from domestic and foreign enterprises, organizations, and individuals for this work.

3. Promote scientific research, technology transfer, and application in the field of biosafety management:

a) Promote scientific research, technology transfer, and application of new technologies and advanced techniques in the field of biosafety management; focus on researching methods for rapid, accurate, and effective analysis, identification, detection, and determination of genetically modified organisms and products, goods derived from genetically modified organisms;

b) Strengthen scientific research foundations, summarize practical experiences to effectively implement risk assessment, management, and control of risks associated with genetically modified organisms, products, and goods derived from genetically modified organisms.

4. Strengthen international cooperation:

Strengthen international cooperation to seek assistance from countries with advanced biotechnology and biosafety management experience through the establishment and effective implementation of bilateral and multilateral cooperation programs in this field.

VI. IMPLEMENTATION

1. Ministry of Natural Resources and Environment: take the lead and coordinate with relevant ministries, sectors, and localities to effectively and timely implement the contents of the overall project, while also implementing the tasks assigned to the Ministry in the overall project, and regularly report results to the Prime Minister annually.

2. Ministries of Agriculture and Rural Development, Industry, Science and Technology, Fisheries, Health, Education and Training, Planning and Investment, Finance, Foreign Affairs, Trade, Justice, Vietnam Academy of Science and Technology have the responsibility to lead or closely cooperate with the Ministry of Natural Resources and Environment to effectively and timely implement the tasks assigned to them in the overall project related to their functions, duties, powers, and scope of management.

3. Ministries of Planning and Investment, Finance: balance, allocate, and guide the preparation and use of funds for ministries, sectors, and localities to effectively and timely implement the tasks assigned to them in the overall project.

4. People's Committees of provinces and centrally-administered cities are responsible for coordinating with relevant ministries and sectors to direct the development and issuance of specific regulations for biosafety management in their respective areas and implement biosafety management activities at the local level.

Article 2. The Minister of Natural Resources and Environment is responsible for guiding and organizing the effective implementation of this overall project.

Article 3. This Decision takes effect fifteen days after its publication in the Official Gazette.

THE MINISTERS, HEADS OF GOVERNMENT-LEVEL MINISTRIES, HEADS OF GOVERNMENT-LEVEL AGENCIES, AND CHAIRMEN OF PROVINCE AND CITY PEOPLE'S COMMITTEES DIRECTLY UNDER THE CENTRAL GOVERNMENT SHALL BE RESPONSIBLE FOR ENFORCING THIS DECISION./.