Circular No. 11/2025/TT-BNNMT on decentralization and分级处理和分级管理自然保护区和生物多样性领域的国家行政管理规定。

 

CIRCULAR

REGULATIONS ON DELEGATION OF AUTHORITY AND LEVELS OF ADMINISTRATIVE MANAGEMENT IN THE FIELD OF NATURAL RESOURCES CONSERVATION AND BIODIVERSITY

On the basis of Law on Biodiversity dated November 13, 2008;

On the basis of Law on Government Organization dated February 18, 2025;

On the basis of Law on Organization of Local Administrative Authorities dated June 16, 2025;

Decree No. 35/2025/NĐ-CP dated February 25, 2025, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Decree No. Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government stipulating delegation of authority and levels of administrative management in the fields of agriculture and environment;

At the proposal of the Director of the Department of Natural Resources Conservation and Biodiversity;

The Minister of Agriculture and Rural Development promulgates this Circular stipulating delegation of authority and levels of administrative management in the field of natural resources conservation and biodiversity.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates delegation of authority and levels of administrative management in the field of natural resources conservation and biodiversity.

Article 2. Applicability

This Circular applies to state administrative agencies, organizations, and individuals related to delegation of authority and levels of administrative management in the field of natural resources conservation and biodiversity.

Chapter II
REGULATIONS ON DELEGATION OF AUTHORITY AND LEVELS OF ADMINISTRATIVE MANAGEMENT IN THE FIELD OF NATURAL RESOURCES CONSERVATION AND BIODIVERSITY

Section 1. MANAGEMENT OF GENETIC RESOURCES AND BIOLOGICAL SAFETY

Article 3. Competence, procedures, and formalities for registration, issuance, extension, and revocation of Access Permits to Genetic Resources

1. Competence: The Chairman of the People's Committee of the province has the competence to issue, extend, and revoke Access Permits to Genetic Resources.

2. Objectives and application forms for registration of Access Permits to Genetic Resources

a) Applicants must comply with the provisions of Clause 2, Article 7 and Clauses 1, 2, 4, and 5, Article 8 of Decree No. 59/2017/NĐ-CP dated May 12, 2017 of the Government on the management of access to genetic resources and the sharing of benefits from their utilization (hereinafter referred to as Decree No. 59/2017/NĐ-CP).

b) Application forms for access to genetic resources include:

Form 01 of Appendix I attached hereto for the application form for access to genetic resources;

Documents proving the legal status of the organization according to the laws of the country where it was established and cooperation agreements with Vietnamese scientific and technological organizations in cases where foreign organizations and individuals apply for access to genetic resources;

Documents appointing representatives to carry out applications for access to genetic resources in cases where the application involves joint programs, projects, or topics involving multiple organizations and individuals;

In cases where individuals apply for Access Permits to Genetic Resources as stipulated in point a, Clause 2 of this Article, they must provide the following documents: Academic degrees (at least bachelor’s level) in one of the following fields: biology, biotechnology, pharmacy, and agricultural science; Guarantee letters from the scientific and technological organizations where the individual is a member, according to Form 02 of Appendix I attached hereto.

c) Procedures and formalities for registration of access to genetic resources shall be carried out in accordance with the provisions at Section 4 of Appendix VIII of Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government stipulating delegation of authority and levels of administrative management in the fields of agriculture and environment (hereinafter referred to as Decree No. 136/2025/NĐ-CP).

3. Issuance of Access Permits to Genetic Resources

a) Documents for issuing Access Permits to Genetic Resources:

Contracts for access to genetic resources and benefit-sharing signed between the parties as stipulated in Article 10 of Decree No. 59/2017/NĐ-CP and according to Form 03 of Appendix I attached hereto.

Approval documents from sectoral management authorities as prescribed by law for cases of accessing genetic resources listed in the conditional access and use list;

b) Procedures and formalities for issuing Access Permits to Genetic Resources: Carried out in accordance with the provisions at Section 2 of Appendix VIII of Decree No. 136/2025/NĐ-CP. Among which, the review process is conducted as follows:

Review contents are carried out in accordance with Clause 3, Article 13 of Decree No. 59/2017/NĐ-CP;

The specialized agency assigned by the Chairman of the People's Committee of the province to handle administrative procedures organizes the review and prepares the file to submit to the Chairman of the People's Committee of the province for consideration and decision on issuing Access Permits to Genetic Resources;

The establishment and organization of the Review Board for reviewing applications for access to genetic resources for commercial research and development of commercial products in accordance with Appendix II attached hereto.

c) Documents for submission for consideration and decision on issuing Access Permits to Genetic Resources include: Report on the results of the Review Board meeting (attached with the Minutes of the Review Board meeting); Proposal of the Chairman of the People's Committee of the province; Draft Decision on issuing Access Permits to Genetic Resources according to Form 05 of Appendix I attached hereto; application documents of the organization or individual.

The validity period of Access Permits to Genetic Resources is stipulated in Clause 2, Article 16 of Decree No. 59/2017/NĐ-CP.

4. Procedures for extending Access Permits to Genetic Resources

a) Documents for requesting extension of Access Permits to Genetic Resources include:

Request for extension of Access Permits to Genetic Resources according to Form 09 of Appendix I attached hereto;

Report on the implementation of access and use of genetic resources up to the time of requesting extension within the scope of activities specified in the issued Access Permit and the content of the Contract signed between the parties;

Other relevant documents (including: Copies of the issued Access Permit to Genetic Resources; Copies of the Contract signed between the parties; Documents of the Provider agreeing to continue implementing access activities to genetic resources between both parties);

b) Procedures and formalities for extending Access Permits to Genetic Resources: Carried out in accordance with the provisions at Section 3 of Appendix VIII of Decree No. 136/2025/NĐ-CP. Model Decision on extending Access Permits to Genetic Resources according to Form 10 of Appendix I attached hereto.

5. Revocation of Access Permits to Genetic Resources

a) Cases of revocation of Access Permits to Genetic Resources as stipulated in Clause 1, Article 18 of Decree No. 59/2017/NĐ-CP;

b) Procedures and formalities for revoking Access Permits to Genetic Resources:

Record: The specialized agency assigned by the Chairman of the People's Committee of the province to handle administrative procedures conducts the record of revocation of issued Access Permits to Genetic Resources, specifying the grounds and reasons for revocation.

Issuing a decision to revoke: Within ten working days from the date of issuance, the specialized agency assigned by the Chairman of the Provincial People's Committee to handle administrative procedures shall prepare a report for submission to the Chairman of the Provincial People's Committee for examination and decision on revoking the Access Permit to Genetic Resources, including: The report of the Chairman of the Provincial People's Committee; Report on reasons for revocation (attached with the minutes of revocation); draft Decision on revoking the Access Permit to Genetic Resources according to Model No. 11 in Appendix I issued together with this Circular.

From the date of the decision to revoke the Access Permit to Genetic Resources, organizations and individuals who have been granted the Access Permit to Genetic Resources must comply with the requirements stipulated in Clause 3, Article 18 of Decree No. 59/2017/NĐ-CP.

Article 4. Procedures for requesting permission to export genetic resources for educational and research purposes not for commercial purposes

1. Principles:

Genetic resources exported abroad are only for educational and research purposes without the aim of profit as prescribed by laws on trade.

For genetic resources proposed to be exported abroad that belong to the list of genetic resources subject to conditional access and use, organizations and individuals must submit along with their request a written opinion of the relevant ministry or sector as prescribed by law.

2. Competent authority: The Chairman of the Provincial People's Committee has the authority to grant permission to export genetic resources accessed within the province for educational and research purposes not for commercial purposes.

3. Documents include:

a) For Vietnamese students, trainees, and postgraduates

Request form according to Model No. 12 in Appendix I issued together with this Circular;

Introduction letter from a scientific and technological organization or training institution abroad where Vietnamese students, trainees, and postgraduates study (including basic information: full name, citizen identification number/electronic ID number/personal identification number/citizen identification certificate number, contact address, phone number).

b) For Vietnamese scientific and technological organizations

Request document according to Model No. 12 in Appendix I issued together with this Circular;

Document proving the legal status of the scientific and technological organization;

Document agreeing to accept genetic resources from foreign organizations as requested by the Vietnamese scientific and technological organization;

Programs, topics, projects, tasks approved by competent state authorities related to the genetic resources proposed to be exported abroad.

4. Procedure: Follow the provisions set out in Section 5 of Appendix VIII of Decree No. 136/2025/NĐ-CP. The model decision granting permission to export genetic resources for educational/research purposes not for commercial purposes according to Model No. 13 in Appendix I issued together with this Circular.

Article 5. Provision of Information on Genetic Resources

1. The subjects providing information on genetic resources are defined in Clause 1, Article 63 of the Law on Biodiversity and relevant units under the Ministry of Agriculture and Rural Development are responsible for providing information on the database of genetic resources to build and manage the national database on genetic resources uniformly.

2. Forms of provision of information

Information and data on genetic resources are provided to the lead agency managing information and data on genetic resources through one of the following forms:

a) Directly updating data into the national database on genetic resources via application software, smart devices, and intelligent systems;

b) Connecting and linking data between databases of related fields with the national database on genetic resources;

c) Official reports signed by the legal representative of the organization and stamped (electronic signatures may be used as prescribed by law) accompanied by electronic information and data in cases where the agencies and units providing information have not adopted the forms prescribed in points a and b of this clause;

d) Other forms as prescribed by current laws.

3. The Biodiversity Conservation Department is assigned as the lead agency managing information and data on genetic resources, responsible for building, managing, and updating the national database on genetic resources; organizing the collection, exploitation, and public disclosure of information and data on genetic resources in accordance with the law.

Article 6. Disclosure of information and risk management measures for genetically modified organisms (GMOs) and genetic material of GMOs causing risks to biodiversity

1. Principles:

a) Organizations and individuals researching, creating, importing, purchasing, selling, releasing GMOs and genetic material of GMOs must disclose information on the level of risk and risk management measures for biodiversity as prescribed by law;

b) Information on risk management measures for GMOs must be reflected in the Environmental Risk Assessment Report of GMOs concerning the environment, biodiversity, human health, and animal health, as stipulated in Article 7 of Decree No. 69/2010/NĐ-CP dated June 21, 2010 of the Government on biosafety for GMOs, genetic material, and products derived from GMOs.

2. The Department of Nature Conservation and Biodiversity shall be responsible for: developing, managing, and updating information and data on biosafety on the electronic bulletin board at http://www.nbca.gov.vn.

Section 2. MANAGEMENT OF RESERVE AREAS AND NATURAL HERITAGE

Article 7. Establishment of national-level reserve areas with an area spanning two or more provinces or centrally-administered cities

1. Principles:

a) Having a project or plan for establishing a reserve area, the content of the project in accordance with Article 21 of the Law on Biodiversity or forestry and fisheries laws;

b) Being consistent with the national biodiversity conservation planning or national forestry planning, and the planning for the protection and exploitation of aquatic resources;

c) Meeting the criteria for establishing a reserve area as prescribed in Articles 17, 18, 19, and 20 of the Law on Biodiversity, Article 7 of Decree No. 65/2010/NĐ-CP dated June 11, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on Biodiversity (hereinafter referred to as Decree No. 65/2010/NĐ-CP), or other relevant provisions of forestry and fisheries laws.

2. The procedures for establishing a project to establish a national-level reserve area are prescribed in Clause 2, Article 22 of the Law on Biodiversity or forestry and fisheries laws.

3. The dossier for the project to establish a national-level reserve area is prescribed in Clause 3, Article 22 of the Law on Biodiversity or forestry and fisheries laws.

4. The dossier submitted to the Minister of Agriculture and Rural Development for decision includes: the report of the specialized agency under the Ministry of Agriculture and Rural Development; draft decision; documents prescribed in Clause 3 of this Article; report on adoption and explanation; dossier of the review board (minutes of the meeting of the review board; report of the review board and related documents).

5. Decision on establishment of a national-level reserve area:

a) The content of the Decision is prescribed in Clause 2, Article 23 of the Law on Biodiversity or forestry and fisheries laws;

b) The specialized agency assigned by the Ministry of Agriculture and Rural Development to submit to the Minister of Agriculture and Rural Development for issuance of the Decision on establishment of a national-level reserve area with an area spanning two or more provinces or centrally-administered cities is prescribed in Clause 1, Article 42 of Decree No. 136/2025/NĐ-CP.

Article 8. Establishment of national-level wetland reserve areas with an area spanning two or more provinces or centrally-administered cities

1. Authority, procedures, contents, and review of projects for establishing wetland reserve areas are implemented according to the provisions of point a, clause 1; points a, b, c, d, clause 2; clause 3; clause 4 of Article 13 of Decree No. 66/2019/NĐ-CP dated July 29, 2019 of the Government on the conservation and sustainable use of wetlands (hereinafter referred to as Decree No. 66/2019/NĐ-CP).

2. The dossier submitted to the Minister of Agriculture and Rural Development for decision on establishment of a wetland reserve area includes: the report of the specialized agency under the Ministry of Agriculture and Rural Development; report on adoption and explanation; report of the review board and documents prescribed in Clause 5, Article 13 of Decree No. 66/2019/NĐ-CP.

3. Decision on establishment of a wetland reserve area

a) The content of the Decision is prescribed in Clause 2, Article 23 of the Law on Biodiversity;

b) The specialized agency assigned by the Ministry of Agriculture and Rural Development to submit to the Minister of Agriculture and Rural Development for issuance of the Decision on establishment of a national-level wetland reserve area with an area spanning two or more provinces or centrally-administered cities is prescribed in Clause 3, Article 44 of Decree No. 136/2025/NĐ-CP.

Article 9. Establishment of national wetland conservation areas with the entire area within the territory of one province or centrally governed city

1. The Chairman of the People's Committee of the province shall decide on the establishment of a national wetland conservation area with the entire area under its management according to the procedures stipulated in Clause 1, Article 45 of Decree No. 136/2025/NĐ-CP. In this regard, the project evaluation for establishing a wetland conservation area shall be carried out as follows:

a) The Evaluation Board shall include: the Chairman of the Board and members representing relevant departments, agencies, the People's Committee of the commune where the wetland conservation area is expected to be established, experts, and representatives of other related agencies appointed by the People's Committee of the province;

b) The evaluation dossier as prescribed in Clause 4, Article 13 of Decree No. 66/2019/NĐ-CP;

c) The contents of the evaluation as prescribed in Point d, Clause 2, Article 13 of Decree No. 66/2019/NĐ-CP.

2. The contents of the Decision on the establishment of a wetland conservation area as provided for in Clause 2, Article 23 of the Biodiversity Law.

Article 10. Management regulations for conservation areas and buffer zones

1. Principles:

a) The Management Board or organization entrusted with managing the conservation area shall establish management regulations for the conservation area and buffer zone and promulgate them or submit them to the competent authority for promulgation in accordance with current laws;

b) Each conservation area must have a Management Board or organization entrusted with managing the conservation area and buffer zone as prescribed by law;

c) Management of the conservation area must harmonize conservation with reasonable exploitation and utilization of biodiversity to contribute to economic and social development, environmental protection, biodiversity conservation, and ensuring national defense and security; ensuring harmony between the interests of the State and those of organizations and individuals;

d) The buffer zone shall be managed to prevent and mitigate negative impacts on the conservation area.

2. Content:

a) Management of the conservation area: boundaries, functional zoning of the conservation area; management of activities within the conservation area; rights, obligations, and responsibilities of the Management Board or organization entrusted with managing the conservation area; rights, obligations, and responsibilities of agencies, organizations, and individuals involved in activities related to the conservation area; resources and implementation organizations for the management regulations; other contents as prescribed by laws on biodiversity, forestry, fisheries, environmental protection, and other relevant laws;

b) Management of the buffer zone: determination of boundaries and area of the buffer zone; management of activities within the buffer zone; rights, obligations, and responsibilities of the Management Board or organization entrusted with managing the conservation area; rights, obligations, and responsibilities of agencies, organizations, and individuals involved in activities related to the buffer zone; resources and implementation organizations for the management regulations; other contents as prescribed by laws on biodiversity, forestry, fisheries, environmental protection, and other relevant laws.

Article 11. Recognition of national natural heritage located in the territory of two provinces or centrally governed cities or more, or located in marine areas whose administrative management responsibility has not been determined by the provincial People's Committee (except cases implemented in accordance with laws on cultural heritage)

1. Procedures and formalities for establishment and recognition shall be carried out according to the provisions of Clause 4, Article 19 of Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Environmental Protection Law (hereinafter referred to as Decree No. 08/2022/NĐ-CP).

2. The evaluation dossier as prescribed in Point a, Clause 6, Article 19 of Decree No. 08/2022/NĐ-CP, including: Project report for establishment according to Model No. 14 Appendix I issued together with this Circular; Request for evaluation of the project to establish natural heritage according to Model No. 15 Appendix I issued together with this Circular.

3. Contents of the evaluation of the project for establishment as prescribed in Point b, Clause 6, Article 19 of Decree No. 08/2022/NĐ-CP.

4. The dossier submitted to the Minister of Agriculture and Rural Development for decision includes: the report of the specialized agency under the Ministry of Agriculture and Rural Development; draft decision; documents prescribed in Clause 3 of this Article; report on adoption and explanation; dossier of the review board (minutes of the meeting of the review board; report of the review board and related documents).

Article 12. Nomination for Recognition of Natural Heritage by International Organizations

1. The procedures and formalities for nominating natural heritage recognized by international organizations shall be carried out in accordance with Article 20 of Decree No. 08/2022/NĐ-CP.

2. The appraisal dossier includes:

a) A document from the People's Committee of the province sent to the Ministry of Agriculture and Rural Development. In cases where the natural heritage lies within the territory of two or more provinces or centrally-administered cities, there must be a consensus document from the People's Committees of those provinces bordering the nominated natural heritage;

b) The nomination dossier according to the model provided by the recognizing international organization.

3. The Appraisal Council specified in point b, Clause 2, Article 20 of Decree No. 08/2022/NĐ-CP.

4. The contents of the appraisal are stipulated in point c, Clause 2, Article 20 of Decree No. 08/2022/NĐ-CP.

5. The Ministry of Agriculture and Rural Development shall seek written opinions from the Ministry of Foreign Affairs regarding the nomination of natural heritage recognized by international organizations.

6. The dossier submitted to the Minister of Agriculture and Rural Development includes: the report from the specialized agency under the Ministry of Agriculture and Rural Development; draft documents to be sent to the international organization; completed nomination dossier according to the model of the recognizing international organization; report on adoption and explanation; minutes of the Appraisal Council meeting; appraisal report of the council.

7. The Ministry of Agriculture and Rural Development shall send or coordinate with the Ministry of Foreign Affairs to submit the nomination dossier for recognition in accordance with regulations.

Article 13. Recognition of National Natural Heritage with Entire Area Under Management As stipulated in point b, Clause 5, Article 19 of Decree No. 08/2022/NĐ-CP

1. The Chairman of the People's Committee of the province authorized to organize the appraisal and recognition of national natural heritage with the entire area under management as stipulated in point b, Clause 5, Article 19 of Decree No. 08/2022/NĐ-CP.

2. The procedures and formalities for appraisal shall be carried out in accordance with Clause 2, Article 45 of Decree No. 136/2025/NĐ-CP.

3. The appraisal dossier for establishing natural heritage includes: project report for establishing natural heritage; comments from relevant agencies on the project for establishing natural heritage; request for appraisal of the project for establishing natural heritage. The request for appraisal of the project for establishing natural heritage follows Model No. 15 of Appendix I attached to this Circular.

4. The contents of the appraisal for establishing natural heritage are stipulated in point b, Clause 6, Article 19 of Decree No. 08/2022/NĐ-CP.

Chapter III
IMPLEMENTING PROVISIONS

Article 14. Effective Date

1. This Circular takes effect from July 1, 2025.

2. The following provisions shall cease to be effective from the date this Circular takes effect:

a) Circular No. 15/2019/TT-BTNMT dated September 11, 2019, issued by the Minister of Natural Resources and Environment, detailing the organization and operation of the Appraisal Council for processing applications for permits to access genetic resources for commercial research and product development;

b) Circular No. 07/2020/TT-BNNPTNT dated May 22, 2020, issued by the Minister of Agriculture and Rural Development, detailing the organization and operation of the Appraisal Council for processing applications for permits to access genetic resources for commercial research and product development within the authority of the Ministry of Agriculture and Rural Development;

c) Clause 1, Article 7 of Circular No. 07/2020/TT-BTNMT dated August 31, 2020, issued by the Minister of Natural Resources and Environment, detailing the contents at point c, Clause 1, Article 31 of Decree No. 66/2019/NĐ-CP dated July 29, 2019, of the Government on conservation and sustainable use of wetlands.

Article 15. Transitional Provisions

1. Documents, licenses, certificates that are results of administrative procedures issued by competent authorities before the effective date of this Circular and have not yet expired shall continue to be applied and used until their expiration date as indicated on the documents, licenses, and certificates.

2. Dossiers and forms for administrative procedures received by state agencies and competent authorities before the effective date of this Circular but without a resolution on the administrative procedure shall continue to be processed in accordance with the law at the time of receipt, except when the organization or individual requests processing in accordance with this Circular.

Article 16. Responsibility for Implementation

1. The Chairmen of Provincial People's Committees, Heads of units under the Ministry, and related agencies, organizations, and individuals are responsible for implementing this Circular.

2. The Biodiversity Conservation Department is responsible for organizing implementation, guiding, and inspecting the implementation of this Circular.

3. Any difficulties encountered during implementation should be reported to the Ministry of Agriculture and Rural Development for guidance and resolution../.

 

 

ANNEX I

SAMPLE FORMS
(Issued together with Circular No. 11/2025/TT-BNNMT dated June 19, 2025, of the Minister of Agriculture and Rural Development)

 

Form No. 01

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION FOR ACCESS TO GENETIC RESOURCES

Respectfully submitted to: People's Committee (province level)...

1. General information about the organization or individual applying:

- In case of organizations: Full name of the organization; number and code of business registration permit, activity permit, or establishment decision; date and place of issuance; name of the representative of the organization; position; name of the contact representative of the organization; contact address; telephone; fax; email address.

- In case of individuals: Information about the individual (full name; citizen identification card number/electronic identification card number/personal identification number/citizen identification certificate number; contact address; telephone; fax; email address); Professional qualifications and field of expertise of the individual (having a bachelor's degree or higher in one of the following fields: biology, biotechnology, pharmacy, agricultural science). Information about the scientific and technological organization that the individual is a member of (full name of the organization; number and code of the registration certificate for scientific and technological activities, date and place of issuance; name of the representative of the organization; position; contact address; telephone; fax).

2. Content of the application:

- Genetic resource to be accessed (Vietnamese name, scientific name, other names of the species or subspecies);

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

- Purpose of accessing genetic resources:

□ Non-commercial research

□ Commercial research

□ Development of commercial products

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

- Location of access:

- Provider:

□ Existing provider (clearly state the name and contact address of the provider)

□ Request introduction of a provider

- Expected derived activities (if any):

□ Exporting genetic resources out of the country

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

3. Proposed 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...);

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

4. Use of traditional knowledge related to genetic resources (if applicable):

Provide general information on the proposed use of traditional knowledge related to genetic resources.

5. Documents attached with the Application (list the documents required under Point b Clause 2 Article 3 Circular No. .../2025/TT-BNNMT dated ... June 2025 issued by the Minister of Agriculture and Rural Development regarding decentralization and delegation of management authority in the field of natural resource conservation and biodiversity).

6. Commitment

(Name of the registering entity) 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 the accompanying documents.

We request your agency to confirm the registration of genetic resource access./.

 

 

Form No. 02

 

Respectfully submitted to: Provincial People's Committee......

GUARANTOR PARTY:

Name of guarantor organization:...

Head office address:...

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

Field of scientific and technological activities authorized:...

Legal representative of the organization:...

Position: ...

Telephone:...Fax:...

PARTY BEING GUARANTEED:

Full name:…

Citizen Identification Card number/electronic identification card number/personal identification number/citizen identification certificate number or equivalent document:...; date of issuance:...; place of issuance:...

Attended specialized training on... day... month... year:

Contact address:...

Field of expertise:...

Telephone:...Fax:...

Email address:...

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

By this document, we -... (name of the guarantor)... agree to guarantee Mr./Ms. (name of the party being guaranteed)... in fulfilling the legal obligations stipulated in the Genetic Resource Access and Benefit-Sharing Contract No.... dated... between... (name of the provider)... and... (name of the accessing party)....

We affirm that, in the event that Mr./Ms. (name of the party being guaranteed)... fails to fulfill the obligations committed to in Contract No...., we will assume responsibility for performing the obligations of Mr./Ms. (name of the party being guaranteed)... as specified in the aforementioned contract.

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

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

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

 

 

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

MODEL GENETIC RESOURCE ACCESS AND BENEFIT-SHARING CONTRACT
(No.:......-....../Provider - 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;

- On the basis of The Civil Code 2015;

- On the basis of The Law on Biological Diversity 2008;

- Decree No. Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government stipulating delegation of authority and levels of administrative management in the fields of agriculture and environment;

- Based on Circular No. .../2025/TT-BNNMT dated... June 2025 issued by the Minister of Agriculture and Rural Development regarding decentralization and delegation of management authority in the field of natural resource conservation and biodiversity;

- Based on the needs of (name of the provider) and (name of the accessor);

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

Between

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

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

- For individuals: Full name; citizen identification card number/electronic identification card number/personal identification number/citizen identification certificate number or equivalent document, date and place of issuance; number and code of land use right certificate, water surface use right certificate where the genetic resources are accessed, date and place of issuance; contact address; telephone; fax; email address.

And

NAME OF THE ACCESSING ORGANIZATION/INDIVIDUAL (Hereinafter referred to as "The Accessor")

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

- For persons:

+ Full name; Citizen Identification Card number/Citizen Card number/electronic Citizen Card number/personal identification number/certificate of identity number, date and place of issuance; 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; number and code of the certificate of scientific and technological activity registration; date and place of issuance; name of the representative of the organization; position; contact address; telephone; fax.

(In cases where multiple organizations and individuals collaborate to access genetic resources, these entities must provide complete information; negotiate and agree on the terms and sign the Contract together)

THE TWO PARTIES AGREE AS FOLLOWS:

Article 1. The provider and the user agree on the provision and use of genetic resources with the following specific information:

1. Genetic resource: (Vietnamese name, scientific name, other names of the species or subspecies).

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: Research not for commercial purposes; research for commercial purposes or development of commercial products.

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

5. Location for accessing genetic resources.

6. Specific information of the parties expected to use the genetic resources and the location where the activities using the genetic resources will be carried out.

7. Information about 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 Access Plan for Genetic Resources)

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

Depending on each specific case, the provider and the user shall negotiate on the form and manner of sharing benefits in accordance with Article 21, Article 22, and Article 23 of Decree No. 59/2017/ND-CP dated May 12, 2017 of the Government on management of access to genetic resources and sharing of benefits from their use, and other relevant laws on sharing benefits from the use of genetic resources.

Article 3. Obligations of the User

1. Regarding access to genetic resources:

- Only implement surveys and collection of genetic resources according to the Access Plan for Genetic Resources after obtaining the Access Permit issued by the competent authority;

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

2. Regarding the use of genetic resources:

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

- For the development of commercial products, must regularly report to the provider and the competent authority on the situation of using genetic resources, information on revenue from the use and commercialization of products from genetic resources.

3. Changing the purpose of access and use of genetic resources: Changing the purpose of access to genetic resources shall be carried out in accordance with Clause 1 of Article 14 of Decree No. 59/2017/ND-CP dated May 12, 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 user must ensure to provide information about the origin and source of genetic resources provided by the provider 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 user must ensure to share benefits as stipulated in Article 2 of this Contract and comply with the provisions of Clause 2 of Article 22 of Decree No. 59/2017/ND-CP dated May 12, 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: To be carried out in accordance with the provisions of Clause 2 of Article 14 of Decree No. 59/2017/ND-CP dated May 12, 2017 of the Government on management of access to genetic resources and sharing of benefits from their use.

6. Obligation to share benefits: To carry out the benefit-sharing provisions as stipulated in Article 2 of this Contract.

7. Reporting system: To comply with the reporting system as prescribed in the Decree on management of access to genetic resources and sharing of benefits from their use and other relevant laws on access to genetic resources and benefit-sharing.

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

9. Compliance with other relevant legal regulations and other obligations agreed upon by the parties.

Article 4. Obligations of the Supplier

1. Coordinate with the Accessor during the process of applying for an Access Permit to access genetic resources when requested.

2. Provide the Accessor with genetic resources in accordance with the provisions of Article 1 of this Contract.

3. Comply with other relevant legal regulations and other obligations agreed upon between the parties.

Article 5. Dispute Resolution Mechanism

Any disputes or complaints related to accessing genetic resources and sharing benefits from their use 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 according to general accounting standards.

4. Reports and records of revenue obtained from exploiting and using accessed genetic resources to ensure accurate payments.

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

6. Other agreements.

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

- Taxes, fees, charges.

- Agreements on information confidentiality 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, one copy sent to the competent state authority.

 

 

Form number 04

 

Pursuant to …;

Regarding the establishment of the Review Board for reviewing applications for Access Permits to access genetic resources for commercial research and product development by organizations/persons...

CHAIRMAN OF THE PEOPLE'S COMMITTEE (PROVINCE LEVEL) ...

Pursuant to the Law on Local Government Organization 2025;

Based on Decree No. 59/2017/ND-CP dated May 12, 2017 of the Government on managing access to genetic resources and sharing benefits from their use;

Pursuant to Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government on the delegation and decentralization in the agricultural and environmental sectors;

- Based on Circular No. …./2025/TT-BNNMT dated  June 2025 of the Minister of Agriculture and Rural Development on decentralization and delegation of management powers in the field of nature conservation and biodiversity;

Considering the application for an Access Permit to access genetic resources of... (name of organization/person);

At the request of (name of the permanent review body),

DECISION:

Article 1. Establish the Review Board for reviewing applications for Access Permits to access genetic resources for commercial research and product development by organizations/persons... (hereinafter referred to as the Board) consisting of the following persons:

1…….

……...

9…….

Article 2. The Review Board is responsible for advising the Chairman of the People's Committee of the province... on reviewing and evaluating applications for Access Permits to access genetic resources for commercial research and product development by organizations and individuals...

The Council dissolves itself upon completion of its tasks.

Article 3. This Decision shall take effect from the date of signing.

Heads of (permanent review body), …and ... (name of organization, individual) ... are responsible for implementing this Decision./.

 

 

Form number 05

 

Pursuant to …;

Regarding the issuance of Access Permits to access genetic resources
(Original file number ……… dated ……)

CHAIRMAN OF THE PEOPLE'S COMMITTEE (PROVINCE LEVEL) ...

Pursuant to the Law on Local Government Organization 2025;

Based on Decree No. 59/2017/ND-CP dated May 12, 2017 of the Government on managing access to genetic resources and sharing benefits from their use;

Pursuant to Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government on the delegation and decentralization in the agricultural and environmental sectors;

- Based on Circular No. …./2025/TT-BNNMT dated  June 2025 of the Minister of Agriculture and Rural Development on decentralization and delegation of management powers in the field of nature conservation and biodiversity;

Considering the application for an Access Permit to access genetic resources of... (name of organization/person);

At the request of (name of the permanent review body),

DECISION:

Article 1. Issue Access Permits to:

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

- For persons:

+ Full name; Citizen Identification Card number/electronic ID card number/personal identification number/certificate of identity number or equivalent document, date of issue, issuing authority; contact address; telephone; fax; email address; 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;

+ Permit number, code; location and date of issuance of the document; name of the guarantee document; issuing organization.

Article 2Scope of access and use of genetic resources:

1. Genetic resources: Vietnamese name, scientific name, other names of species or subspecies.

2. Sample of genetic resources to be accessed; method, quantity, volume of access.

3. Purpose of accessing genetic resources.

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

5. Location for accessing genetic resources.

6. Supplier (name, contact details).

7. Information of users of genetic resources and locations where genetic resource utilization activities are carried out.

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 the permit:

1. Use genetic resources for the purpose of “…” (registered purpose).

2. Implement the Access Plan issued together with this Decision.

3. Fulfill the contents of the Access Agreement and Benefit Sharing Agreement No. …dated ... month ... year... between (Accessor) and (Supplier).

4. Comply with reporting obligations and other relevant regulations when accessing and using genetic resources and derivatives originating from Vietnam.

Article 4. This permit takes effect from the date of signature until ... month ... year ...

Article 5. Heads of (permanent review body), …and ... (name of organization, individual) ... are responsible for implementing this Decision./.

 

 

Form number 06

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

…, day  month  year 20…

REVIEW OF APPLICATION FOR ISSUANCE OF ACCESS PERMIT TO ACCESS GENETIC RESOURCES FOR COMMERCIAL RESEARCH AND PRODUCT DEVELOPMENT BY ORGANIZATIONS/INDIVIDUALS... I. Information on Board Members:

(scientific title, academic rank, degree): …

1. Full name 2. Workplace: …

……………………………………………………………………………………………….

3. Position: …

4. Position in the Board …

II. Content of Review:

1. Evaluation of information provided in the application:

Information provided in the application

2. Compliance of the Content of the Genetic Resource Access and Benefit-Sharing Agreement with Current Legal Provisions: …

3. Comments on the Impact Assessment (Expected) of Genetic Resource Access on Biodiversity, Economy, and Society: …

4. Evaluation of the Capacity to Implement Genetic Resource Access and Benefit-Sharing from the Use of Genetic Resources by the Genetic Resource Accessor: …

III. Conclusion and Recommendations:

1. Concluding Opinion on the Reviewed Contents:

……………………………………………………………………………………

……………………………………………………………………………………

2. Contents that Need Adjustment and Supplement, Specific Clauses to Be Mentioned in the Permit

……………………………………………………………………………………

……………………………………………………………………………………

 

 

Form No. 07

 

APPLICATION FOR GRANTING PERMIT TO ACCESS GENETIC RESOURCES FOR COMMERCIAL RESEARCH PURPOSES, I. Information on Board Members:

(scientific title, academic rank, degree): …

1. Full name 2. Workplace: …

3. Position: …

4. Position in the Board …

II. Content of Review:

II. Contents to be Evaluated and Reviewed:

- Achieved contents: …

……………………………………………………………………………………

- Remaining issues that need correction and supplementation: …

……………………………………………………………………………………

III. Conclusion:

If option b) is chosen, please specify clearly which contents need correction and supplementation:

……………………………………………………………………………………

……………………………………………………………………………………

……………………………………………………………………………………

Recommendations on contents that need adjustment and supplementation, specific clauses to be mentioned in the Permit

……………………………………………………………………………………

……………………………………………………………………………………

……………………………………………………………………………………

……………………………………………………………………………………

 

_______________________

^[1] Approval Agreement: when the information in the application fully meets the review requirements and complies with current laws.

^[2] Conditional Approval Agreement: when the information in the application does not fully meet the review requirements at section II of the Review Note (Annex No. 03), but still complies with legal provisions.

^[3] Disapproval Agreement when the content in the application is not in compliance with legal provisions and there is evidence of violation by the organization or individual applying for the permit to access genetic resources.

 

Form No. 08

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

(Place), day ……. month …… year ………

MINUTES OF THE MEETING OF THE COUNCIL

I. General Information about the Meeting of the Council:

1.1. The Council reviewing the application for granting a permit to access genetic resources for commercial research purposes and product development of organizations/individuals... was established according to Decision No... /QĐ-UBND dated .../.../20... of the Chairman of the People's Committee (provincial level)…………

1.2. Time and Place of the Meeting:

- Time: from ... hours ... on .../... /20... to ... hours... on .../... /20...

- Place: …

1.3. Participants in the Meeting:

- Present Members: Only record the number of members present out of the total number of members in the Council establishment decision.

- Absent Members: Record fully the number, names, and positions of absent members in the Council, reasons for absence:

…………………….

- Observers (if any):

II. Contents and Progress of the Meeting of the Council:

Record according to the sequence of events during the Council meeting, fully and truthfully recording questions, answers, discussions, and opinions exchanged by participants in the Council meeting.

2.1. The Secretary Member announces the purpose of the meeting and introduces the participants; introduces the chairperson of the meeting (the Chairman of the Council or Vice-Chairman of the Council authorized by the Chairman of the Council) to preside over the meeting.

2.2. Organizations/Individuals Present the Summary of the Application:

2.3. Discussion and Exchange Among Council Members: Record in detail all exchanges.

2.4. Opinions on the Application: Record in detail the opinions of the opposing member and other Council members.

2.5. Opinions of Observers (if any):

2.6. Opinion of the Chairman of the Council:

III. Conclusion of the Meeting of the Council:

3.1. The Chairperson of the Meeting Announces the Council's Conclusion: Summarized based on the opinions of the Council members, briefly summarizing the contents of the application that meet the requirements, and the contents of the application that need to be corrected and supplemented.

3.2. Other Opinions of Council Members (if any):

IV. Voting Results of the Review:

4.1. Number of Votes to Approve:

4.2. Number of Votes to Approve with Conditions for Correction and Supplementation:

4.3. Number of Votes to Disapprove:

V. The Chairperson of the Meeting Declares the End of the Meeting

The minutes were completed at ... hours ... on .../... /20... at …/.

 

 

Form No. 09

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION FOR EXTENDING THE PERMIT TO ACCESS GENETIC RESOURCES

Respectfully submitted to: Provincial People's Committee ……

1. General Information

- Organization/Individual Requesting Extension of Access Time to Genetic Resources:

+ For organizations: Full name of the organization; business registration number or activity permit number or establishment decision number, date of issuance, issuing authority; name of the organization's representative; position; contact person's name; address; telephone; fax; email address;

+ For individuals:

Full name; citizen identification card number/electronic ID card number/personal identification number/citizen identification certificate number or equivalent, date of issuance, issuing authority; address; telephone; fax

Detailed information about the scientific and technological organization that the individual is a member of: Full name of the organization; scientific and technological activity registration certificate number, date of issuance, issuing authority; name of the organization's representative; position; address; telephone; fax.

- Permit to access genetic resources issued according to Decision No ... /QĐ-… dated ... month ... year ... of the Chairman of the People's Committee (provincial level)…

2. Summary of the Situation and Results of Accessing Genetic Resources and Sharing Benefits Already Implemented

3. Content of the Request for Extension of the Permit to Access Genetic Resources

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

- Requested Extension Period: From... to ...

4. Documents Attached (list the documents attached as prescribed in Point b Clause 3 Article 3 Circular number .../2025/TT-BNNMT dated ... June 2025 of the Minister of Agriculture and Rural Development regarding decentralization and delegation of state management powers in the field of nature conservation and biodiversity.)

(Name of organization or individual requesting) ensures 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 the attached files.

We request your agency to consider extending the Genetic Resource Access Permit that has been issued./.

 

 

Form No. 10

 

Pursuant to …;

Regarding the extension of the Genetic Resource Access Permit

CHAIRMAN OF THE PEOPLE'S COMMITTEE (PROVINCE LEVEL) ...

Pursuant to the Law on Local Government Organization 2025;

Based on Decree No. 59/2017/ND-CP dated May 12, 2017 of the Government on managing access to genetic resources and sharing benefits from their use;

Pursuant to Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government on the delegation and decentralization in the agricultural and environmental sectors;

- Based on Circular No. …./2025/TT-BNNMT dated  June 2025 of the Minister of Agriculture and Rural Development on decentralization and delegation of management powers in the field of nature conservation and biodiversity;

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

At the request of (name of the permanent review body),

DECISION:

Article 1. Extend the period of genetic resource access as stipulated in Decision number .../QĐ-.... dated... month... year... of the Chairman of the People's Committee of Province... concerning 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 .../QĐ-.... dated... month... year... of the Chairman of the People's Committee (province level)... concerning the issuance of the Genetic Resource Access Permit.

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

Article 4. The head of the competent authority (name of the permanent agency in charge of examination),... and... (name of organization, individual)... are responsible for implementing this Decision./.

 

 

Form No. 11

 

Pursuant to …;

Regarding the revocation of the Decision on issuing the Genetic Resource Access Permit

CHAIRMAN OF THE PEOPLE'S COMMITTEE (PROVINCE LEVEL) ...

Pursuant to the Law on Local Government Organization 2025;

Based on Decree No. 59/2017/ND-CP dated May 12, 2017 of the Government on managing access to genetic resources and sharing benefits from their use;

Pursuant to Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government on the delegation and decentralization in the agricultural and environmental sectors;

- Based on Circular No. …./2025/TT-BNNMT dated  June 2025 of the Minister of Agriculture and Rural Development on decentralization and delegation of management powers in the field of nature conservation and biodiversity;

At the request of (name of the permanent review body),

DECISION:

Article 1. Revoke Decision number... dated... month... year... of the Chairman of the People's Committee of Province... concerning the issuance of the Genetic Resource Access Permit.

(Name of organization, individual) who was granted the Genetic Resource Access Permit pursuant to Decision number... must immediately cease all activities related to genetic resource access in Vietnam and fulfill the following obligations:...

.................................................................................................................................

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

Article 3. Heads of (permanent review body), …and ... (name of organization, individual) ... are responsible for implementing this Decision./.

 

 

Form No. 12

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION (DOCUMENT) FOR EXPORTING GENETIC RESOURCES OUT OF THE COUNTRY FOR NON-COMMERCIAL EDUCATION/ RESEARCH PURPOSES

To: People's Committee (province level)...

1. Information about the registering scientific and technological organization/person

- In case of a scientific and technological organization: Full name of the organization; registration certificate number for scientific and technological activities, date of issue, issuing authority; representative's name; position; contact address; telephone; fax.

- In case of an individual: Full name; Citizen Identification Card number/Citizen Identity Card number/Electronic Citizen Identity Card number/Personal Identification Number/Citizen Identity Certificate number or equivalent document, date of issue, issuing authority; contact address; telephone; fax; email address; detailed information about the scientific and technological organization or educational institution where students, researchers are studying.

2. Purpose of export

□ Non-commercial research

□ Education

3. Information about the genetic resources to be exported

 

4. Information about the Provider

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

- For individuals: Full name; Citizen Identification Card number/Citizen Identity Card number/Electronic Citizen Identity Card number/Personal Identification Number/Citizen Identity Certificate number or equivalent document, date of issue, issuing authority; land/marine surface use right certificate number; contact address; telephone; fax; email address.

5. Information on the use of genetic resources abroad

Provide specific information about foreign organizations or individuals cooperating and receiving genetic resources for non-commercial education/research purposes.

6. Documents attached to the Application (list the documents attached as prescribed in Clause 3 Article 4 Circular number .../2025/TT-BNNMT dated ... June 2025 of the Minister of Agriculture and Rural Development regarding decentralization and delegation of state management powers in the field of nature conservation and biodiversity.).

7. Commitment

(Scientific and technological organization/individual) commits:

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

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

- To comply with the reporting obligations as stipulated in Circular number 10/2020/TT-BTNMT dated September 29, 2020 of the Ministry of Natural Resources and Environment regarding the reporting on genetic resource access and benefit-sharing from their use, submitted to the Provincial People's Committee/Central City People's Committee... no later than three months after the end of the research program;

- To be responsible under the laws of the Socialist Republic of Vietnam for the truthfulness of the information and data provided in this application and the attached files.

- To be responsible under the laws of the Socialist Republic of Vietnam in case of violation of the commitments stipulated in this application.

We request your agency to consider allowing the export of the aforementioned genetic resources for non-commercial education/research purposes./.

 

 

Model Number 13

 

Pursuant to …;

Regarding permission to export genetic resources for non-commercial research and education purposes

CHAIRMAN OF THE PEOPLE'S COMMITTEE (PROVINCE LEVEL) ...

Pursuant to the Law on Local Government Organization 2025;

Based on Decree No. 59/2017/ND-CP dated May 12, 2017 of the Government on managing access to genetic resources and sharing benefits from their use;

Pursuant to Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government on the delegation and decentralization in the agricultural and environmental sectors;

- Based on Circular No. …./2025/TT-BNNMT dated  June 2025 of the Minister of Agriculture and Rural Development on decentralization and delegation of management powers in the field of nature conservation and biodiversity;

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

At the request of (name of the permanent review body),

DECISION:

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

- For scientific and technological organizations: Full name of the organization; number and code of the certificate for scientific and technological activities, date of issuance, issuing authority; representative's name; position; contact address; telephone; fax.

- For individuals: Full name; Citizen Identification Card number/electronic Citizen Identification Card number/personal identification number/citizen identification certificate number or equivalent document number, date of issuance, issuing authority; contact address; telephone; fax; email address; general information about the scientific and technological organization or educational institution where students, trainees, or research fellows are studying.

Article 2. Information on genetic resources permitted to be taken out of Vietnam for study/research purposes not for commercial purposes:

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

2. Genetic resource sample.

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

4. Location where the genetic resource was collected.

5. Quantity/weight of genetic resources permitted to be taken out of Vietnam.

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

Article 3. Responsibilities of the scientific and technological organization/person granted permission:

1. To only use the permitted genetic resources for the purpose of "..." (study or non-commercial research).

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

3. To comply with reporting obligations and relevant regulations of Vietnamese law on access to genetic resources and benefit-sharing from their utilization as stipulated in Circular No. 10/2020/TT-BTNMT dated September 29, 2020 of the Ministry of Natural Resources and Environment regarding reporting on access to genetic resources and benefit-sharing from their utilization and other related laws.

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

Article 5. The head of the competent authority (name of the permanent agency responsible for review), ...and (name of the scientific and technological organization/person)... is responsible for implementing this Decision./.

 

 

Model No. 14

 

REPORT
PROJECT TO ESTABLISH NATURAL HERITAGE

Preamble

Chapter 1. The necessity of establishing natural heritage
Chapter 2. Current status of the area proposed for natural heritage establishment

- Summary of natural, economic, and social conditions in the area proposed for natural heritage establishment;

- Status of ecosystems; endangered, rare, and precious species; species listed in the priority protection list of endangered, rare, and precious species; other wild species; natural scenery, cultural, historical values, unique natural beauty, and important ecosystem services in the area proposed for natural heritage establishment;

- Management and conservation status of the area proposed for natural heritage establishment;

- Threats to the area proposed for natural heritage establishment;

- Land use plan in the area proposed for natural heritage establishment.

Chapter 3. Evaluation of compliance with criteria for natural heritage establishment
- Description of criteria for natural heritage establishment according to Clause 2, Article 20 of the Environmental Protection Law and Clause 1 or Clause 2, Clause 3, Article 19 of Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Environmental Protection Law.

- Purpose of establishing natural heritage.

Chapter 4. Establishing Boundaries and Zoning of Natural Heritage Sites
- Description and map extract, geographical location, area of the proposed natural heritage site;

- Description of the core zone: geographical location, area and boundaries of the core zone of the proposed natural heritage site; function of the core zone; environmental protection plans, conservation of nature and biodiversity, values that meet the criteria for natural heritage at the core zone;

- Description of the buffer zone (if any): geographical location, area, boundaries of the buffer zone of the proposed natural heritage site; function of the buffer zone and management regulations for environmental protection, conservation of nature and biodiversity;

- Description of the transition zone (if any): geographical location, area, boundaries of the transition zone of the proposed natural heritage site; function of the transition zone and management regulations for environmental protection, conservation of nature and biodiversity;

Chapter 5. Management Orientation and Environmental Protection of Natural Heritage Sites
Clearly state the contents regarding management and environmental protection activities for natural heritage sites after establishment and recognition, specifically:

- Management and environmental protection activities for natural heritage sites;

- Proposals for environmental restoration programs, conservation of nature and biodiversity;

- Organization for managing natural heritage sites (management organizational model, management resources, management mechanisms, responsibilities of management agencies...);

- Financial sources for implementing management and environmental protection of natural heritage sites.

Conclusion

Reference materials

ANNEX

List attached documents and materials:

- Current status maps of the area establishing natural heritage sites; boundaries of the core zone, buffer zone of natural heritage sites, natural ecosystems, distribution of endangered species;

- List of animal and plant species in the area establishing natural heritage sites;

- Draft Management Plan for the environment and protection of natural heritage sites;

- Draft Regulations on management and environmental protection of natural heritage sites.

 

Note:

(1) Name of the supervising agency of the agency preparing the report

(2) Name of the agency preparing the report

(3) Abbreviation of the name of the agency preparing the report

(4) Name of the natural heritage site and location

 

Model Number 15

 

Respectfully submitted to: (3)

Pursuant to Circular No. 02/2022/TT-TNMT dated January 10, 2022 of the Minister of Natural Resources and Environment detailing certain provisions of the Law on Environmental Protection, and Circular No. ...../2025/TT-NNMT dated ... month ... year 2025 of the Minister of Agriculture and Environment regulating delegation and decentralization of state management in the field of conservation of nature and biodiversity (1), we have coordinated with relevant parties to establish a project to establish a natural heritage site (2).

(1) respectfully submits (3) for consideration and review of the project report to establish a natural heritage site (2).

The files for reviewing the project to establish a natural heritage site are attached to this letter, including:

- (4) project report to establish a natural heritage site (2), along with copies of comments from relevant agencies on the project to establish a natural heritage site.

- Summary table of opinions from relevant agencies on the project to establish a natural heritage site (if any).

 

 

Note:

(1) Name of the agency submitting the review file;

(2) Name and location of the area establishing the natural heritage site;

(3) Agency issuing the decision to organize the review of the project to establish a natural heritage site;

(4) Number of project reports to establish a natural heritage site.

 

ANNEX II

GUIDELINES FOR ORGANIZING THE REVIEW BOARD FOR APPLICATIONS TO OBTAIN A PERMIT FOR ACCESS TO GENETIC RESOURCES FOR RESEARCH WITH COMMERCIAL PURPOSES AND DEVELOPMENT OF COMMERCIAL PRODUCTS
(Issued together with Circular No. 11/2025/TT-BNNMT dated June 19, 2025, of the Minister of Agriculture and Rural Development)

1. Functions, tasks, and powers of the Review Board for Applications to Obtain a Permit for Access to Genetic Resources for Research with Commercial Purposes and Development of Commercial Products

a) The Review Board for Applications to Obtain a Permit for Access to Genetic Resources for Research with Commercial Purposes and Development of Commercial Products (hereinafter referred to as the Review Board) shall be established by the Chairman of the Provincial People's Committee for each application to obtain a permit for access to genetic resources for research with commercial purposes and development of commercial products according to the prescribed form at Model No. 04 of Appendix I issued together with this Circular;

b) The Review Board has the function of advising the Chairman of the Provincial People's Committee on the examination of applications to obtain a permit for access to genetic resources for research with commercial purposes and development of commercial products (hereinafter referred to as the Application);

c) Activities of the Review Board shall be carried out through the Permanent Office for Review of Applications to Obtain a Permit for Access to Genetic Resources for Research with Commercial Purposes and Development of Commercial Products (hereinafter referred to as the Permanent Office for Review). Responsibilities of the Permanent Office for Review are stipulated in Section 2 of Appendix II issued together with this Circular;

d) The Review Board has the right to request the Permanent Office for Review to provide information, documents, and issues related to the Application for study and review;

đ) Members of the Review Board work under a part-time system and are entitled to remuneration as provided by current laws;

e) The Review Board will dissolve itself upon completion of its mission.

2. Principles of Operation of the Review Board

a) The Review Board operates based on the principles of collective discussion, transparency, voting, and majority decision-making;

b) Opinions of individual members of the Review Board and the Review Board's review opinions are reflected in the minutes of the Review Board meeting according to the prescribed form at Model No. 08 of Appendix I issued together with this Circular;

c) The Review Board concludes with one of three levels:

- Agree to approve: when at least two-thirds of the Review Board members have agreed to approve, including at least one Reviewer Member;

- Agree to approve with conditions for revision and supplementation: when at least two-thirds of the Review Board members have agreed to approve or agree to approve with conditions for revision and supplementation, including at least one Reviewer Member;

- Disagree to approve: when more than one-third of the Review Board members have disagreed to approve or both Reviewer Members have disagreed to approve.

3. Responsibilities and Powers of Review Board Members

a) Review Board Member:

- Review, study, evaluate the contents of the dossier and related documents provided by the Standing Office for Examination;

- Participate in meetings of the Council; in case of absence from the Council meeting, have the responsibility to send comments on the Dossier to the Standing Office for Examination at least one working day before the meeting takes place;

- Write comments and fill out the evaluation form according to Model No. 06 and Model No. 07 in Appendix I issued together with this Circular; present the comments at the Council meeting;

- Provide opinions at the Council meeting; reserve opinions in cases where there are differing views from the Council's conclusions;

- Write comments on the Dossier that has been revised and supplemented after the Council meeting upon written request of the Standing Office for Examination;

- Participate in activities related to the operations of the Council when requested by the Chairman of the Council or the Standing Office for Examination;

- Be responsible before the Standing Office for Examination and before the law for all comments and evaluations on the Dossier and the assigned tasks during the examination process; ensure confidentiality of information contained in the Dossier and the examination process according to the law, and return the documents to the Standing Office for Examination upon request after completing the tasks;

b) The Chairman of the Council:

In addition to the responsibilities and authorities of the Council member as stipulated in point a, Section 3 of Appendix II issued together with this Circular, the Chairman of the Council also has the following responsibilities and authorities:

- Decide to convene a Council meeting;

- Chair the Council meeting according to the provisions of Section 5 of Appendix II issued together with this Circular;

- Handle opinions raised during the Council meeting; conclude the Council meeting and be responsible for the conclusions of the Council;

- Sign the minutes of the Council meeting and be responsible for the completeness and truthfulness of the contents recorded in the minutes of the Council meetings;

c) Deputy Chairman of the Council (if any):

In addition to the responsibilities and authorities of the Council member as stipulated in point a, Section 3 of Appendix II issued together with this Circular, the Deputy Chairman of the Council also has the responsibilities and authorities of the Chairman of the Council when authorized by the Chairman of the Council;

d) Council member representing the People's Committee of the commune where the activity of accessing genetic resources takes place:

In addition to the responsibilities and authorities of the Council member as stipulated in point a, Section 3 of Appendix II issued together with this Circular, the Council member representing the People's Committee of the commune where the activity of accessing genetic resources takes place also has the responsibility to provide the Council with relevant information and documents about the genetic resources proposed to be accessed locally; be responsible for the information and documents provided to the Council;

đ) Council Secretary member:

In addition to the responsibilities and authorities of the Council member as stipulated in point a, Section 3 of Appendix II issued together with this Circular, the Council Secretary member also has the following responsibilities and authorities:

- Provide comment forms and evaluation sheets for the Council members;

- Before the Council meeting, report to the Chairman of the Council on the main contents of the Dossier based on self-study and synthesis of opinions of the Council members;

- Inform the Council of the comments of absent Council members;

- Record and sign the minutes of the Council meeting and be responsible for the completeness and truthfulness of the contents recorded in the minutes of the Council meetings;

- Perform other tasks serving the operations of the Council as required by the Chairman of the Council and the Standing Office for Examination;

4. Conditions for convening a Council meeting

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

a) The presence of the Chairman of the Council or the Deputy Chairman of the Council authorized by the Chairman of the Council to chair the meeting in the absence of the Chairman of the Council;

In case the Council Secretary is absent for a valid reason, the meeting chairperson shall designate one Council member to perform the duties of the Council Secretary during the meeting and hand over the results to the Council Secretary;

b) Participation of at least two-thirds (2/3) of the total number of Council members as decided in the establishment decision and at least one opposing member;

c) Participation of an authorized representative of the organization or individual requesting issuance of a Permit to Access Genetic Resources or a person authorized in writing;

5. Procedure for convening a Council meeting:

a) Approve the decision to establish the Council, introduce the participants, and present a summary of the dossier processing process;

b) The Chairman of the Council chairs the meeting;

c) An authorized representative of the organization or individual requesting issuance of a Permit to Access Genetic Resources or a person authorized in writing presents the main contents of the Dossier;

d) Council members provide opinions to clarify the presented contents or ask questions; the authorized representative of the organization or individual requesting issuance of a Permit to Access Genetic Resources or a person authorized in writing responds and provides additional information;

đ) Council members present their comments and evaluation forms on the Dossier; the Council Secretary reads the comments of absent Council members (if any);

Model Comment Form and Evaluation Sheet for the Dossier requesting issuance of a Permit to Access Genetic Resources for Commercial Research and Product Development according to Model No. 06 and Model No. 07 in Appendix I issued together with this Circular;

e) Delegates attending the meeting may make statements (if any);

g) The Council may meet separately (as decided by the Chairman of the Council) to unify the content of the Council's conclusion;

h) The Chairman of the Council announces the Council's conclusion;

i) Council members may speak if they have different opinions from the Chairman of the Council's conclusion;

k) An authorized representative of the organization or individual requesting issuance of a Permit to Access Genetic Resources or a person authorized in writing may make statements (if any);

l) The Chairman of the Council declares the end of the meeting;

6. The Standing Office for Examination has the following tasks:

a) Draft and submit to the Chairman of the Provincial People's Committee for issuance of a decision establishing the Council;

b) Request organizations and individuals applying for a Permit to Access Genetic Resources to provide additional relevant documents if necessary and submit them to the Council members within five working days from the date of the decision establishing the Council;

c) In cases where necessary, select domestic and international advisory organizations and individuals with appropriate expertise to provide written opinions on the Application;

d) Report on the processing of the Application and propose to the Chairman of the Council to convene a meeting of the Council;

đ) Organize meetings of the Council in accordance with the procedures stipulated in Section 5 of Appendix II issued together with this Circular; notify and invite Council members and representatives of organizations and individuals applying for a Permit to Access Genetic Resources to attend the Council's meetings;

e) Notify in writing the Council's conclusions to the organizations and individuals applying for a Permit to Access Genetic Resources;

g) Review and verify the Application that has been revised and supplemented according to the Council's conclusions; if necessary, send a document requesting some Council members to comment on the Application after revision;

h) Draft a report on the results of the Application review to be submitted to the Chairman of the Provincial People's Committee for consideration and decision regarding the issuance of a Permit to Access Genetic Resources;

i) Manage and retain files and documents related to the Council's meetings;

k) Perform other tasks assigned by the Ministry of Natural Resources and Environment related to the process of reviewing and issuing Permits to Access Genetic Resources.