Circular No. 17/2016/TT-BKHCN on the management and implementation of the Program for the conservation and sustainable use of genetic resources until 2025, with a vision to 2030.

CIRCULAR

Regulations on the management and implementation of the Program for the conservation and sustainable use of genetic resources until 2025, with a vision to 2030

and sustainable use of genetic resources until 2025, with a vision to 2030

                                       

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding the implementation of certain provisions of the Law on Science and Technology;

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Implementing Decision No. 1671/QĐ-TTg dated September 28, 2015 of the Prime Minister approving the Program for the conservation and sustainable use of genetic resources until 2025, with a vision to 2030;

At the proposal of the Director of the Department of Science and Technology for Economic and Engineering Industries and the Director of the Legal Department,

The Minister of Science and Technology promulgates this Circular regulating the management and implementation of the Program for the conservation and sustainable use of genetic resources until 2025, with a vision to 2030.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the management and implementation of the Program for the conservation and sustainable use of genetic resources until 2025, with a vision to 2030 (hereinafter referred to as the Program), which has been approved by the Prime Minister under Decision No. 1671/QĐ-TTg dated September 28, 2015 (hereinafter referred to as Decision No. 1671/QĐ-TTg).

Article 2. Applicability

1. Organizations and individuals implementing tasks of the Program using state budget funds.

2. State management agencies and other organizations and individuals related to the activities of the Program.

Article 3. Explanation of Terms

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

1. Genetic resources are species of living organisms, genetic samples in protected areas, biodiversity conservation facilities, scientific research and technological development facilities, and in nature;

2. Gene bank is a collection of genetic resources from the results of scientific and technological activities of organizations within the national gene bank network;

3. Scientific and technological tasks on gene banks (hereinafter referred to as gene bank tasks) are scientific and technological projects, experimental production projects that implement the conservation and sustainable use of genetic resources, includingnational-level tasks and ministry-level, provincial-level tasks; 4. National gene bank network

is a network of organizations that have successfully implemented and preserved genetic resources as the result of gene bank tasks funded by the state budget throughout the country, recognized by the Ministry of Science and Technology as members of the network. Article 4. Tasks under the Program 1. Tasks under the Program implement the contents stipulated in Section III, Article 1 of Decision No. 1671/QĐ-TTg, comprising three types of tasks as follows:

a) Regular tasks;

b) Gene bank tasks;

c) Investment project for material and technical infrastructure (hereinafter referred to as investment project).

2. Regular tasks include:

a) Activities maintaining the safe storage of genetic resources collected and evaluated in the List of Genetic Resources for Conservation under the Framework Project of Gene Banks at the Ministry and Provincial Levels (as specified in Appendix 1 attached hereto) approved by ministries, sectors, and localities after obtaining the consent of the Ministry of Science and Technology.

The List of Genetic Resources for Conservation under the Framework Project of Gene Banks at the Ministry and Provincial Levels is reviewed annually.

b) Program management activities including: management activities of the National Gene Bank Network; management activities of the Steering Committee and Secretariat; construction, management, and operation of the national gene bank database system; information dissemination; management of gene bank tasks and other related activities.

3. Gene bank tasks include:

a) Scientific and technological projects on gene banks (hereinafter referred to as gene bank projects) implementing in-situ and ex-situ conservation research; research on investigation, collection, and supplementation of new genetic resources; research on safe preservation methods for biological genetic resources; evaluation and documentation of genetic resources; genetic evaluation of genetic resources; research on technological processes and technical measures to exploit genetic resources of high scientific and application value sustainably; construction of the national gene bank database system;

b) Experimental production projects on gene banks (hereinafter referred to as experimental production gene bank projects) implementing the application of the results of scientific and technological projects related to genetic resources for experimental production to complete new technologies and products before commercial production.

4. Investment project Strengthening the material and technical capacity of scientific and technological organizations within the National Gene Bank Network, focusing on implementing the tasks stipulated in Clause 2, Section III, Article 1 of Decision No. 1671/QĐ-TTg and tasks number 7, 8, 9, 10 in the Priority Task List specified in the Appendix attached to Decision No. 1671/QĐ-TTg.in situ) and relocation (ex situ); conducting research, surveys, and collecting additional new genetic resources; studying safe storage methods for biological genetic resources; evaluating and documenting genetic resources; conducting genetic assessments; researching technological processes and technical measures to exploit genetic resources sustainably for their high scientific and application values; establishing a national gene fund database system;

b) Pilot production project on the gene fund (hereinafter referred to as the pilot production project on the gene fund) shall implement the application of results from related science and technology research topics concerning genetic resources for trial production to perfect new technologies and products before commercial production.

4. Investment Project

Implementing the enhancement of material and technical capacity for organizations under the National Gene Fund Network to carry out tasks specified in Clause 2, Section III, Article 1 of Decision No. 1671/QĐ-TTg and tasks numbered 7, 8, 9, and 10 in the Priority Tasks List attached to Decision No. 1671/QĐ-TTg.

Article 5. Requirements for gene bank tasks

1. For national-level gene bank tasks: must meet the criteria for national-level science and technology tasks as stipulated in Clause 1, Article 25 of Decree No. 08/2014/ND-CP dated January 27, 2014, guiding the implementation of certain provisions of the Law on Science and Technology (hereinafter referred to as Decree No. 08/2014/ND-CP).

2. For gene bank tasks at the ministry level, provincial level: must meet the criteria for ministry-level, provincial-level science and technology tasks as stipulated in Clause 1, Article 26 and Clause 1, Article 27 of Decree No. 08/2014/ND-CP.

3. In addition to meeting the criteria specified in Clause 1 and Clause 2 of this Article, gene bank tasks must be carried out on objects that are domestic sources of genes or imported genes that have adapted and developed stably under Vietnam's ecological conditions, and are important for production and meet one of the following requirements:

a) Precious, rare, endemic genetic resources of Vietnam at risk of decline or extinction;

b) Genetic resources with high yield, good quality, high resistance and adaptability to the environment, scientific value, and potential for application in breeding programs;

c) Genetic resources with application value in agriculture, industry, medicine, culture, environmental protection, and national defense and security.

Chapter II
MANAGEMENT OF THE PROGRAM

Article 6. Management Principles

The Ministry of Science and Technology shall uniformly manage the Program in accordance with regulations on science and technology management and the provisions of this Circular.

1. Regular Tasks

a) Ministries, sectors, localities

Based on the guidance documents for annual science and technology budget planning issued by the Ministry of Science and Technology and the contents stipulated in Point a, Clause 1, Article 4 of this Circular; based on the framework project for genetic resource conservation of ministries, sectors, and localities; ministries, sectors, and localities shall compile the overall plan for implementing activities to maintain the safe storage of genetic resources of their subordinate organizations and submit it to the Ministry of Science and Technology.

On the basis of proposals from ministries, sectors, and localities, the Ministry of Science and Technology shall consolidate and coordinate with the Ministry of Finance to allocate the budget according to the plan.

Ministries, sectors, and localities shall organize direct assignment of tasks to implementing organizations, regular inspections, and final acceptance and evaluation in accordance with the regulations for ministry-level and provincial-level tasks.

b) Ministry of Science and Technology

Based on the provisions in Point b, Clause 2, Article 4 of this Circular, the unit managing the Program of the Ministry of Science and Technology shall annually develop a plan for regular tasks to implement Program management, submit it for approval by the Minister of Science and Technology, and organize its implementation.

2. Gene Bank Tasks

a) National-level gene bank tasks shall be approved, contracts signed, and implemented by the Minister of Science and Technology. The construction and implementation of national-level gene bank tasks are regulated in Chapter IV of this Circular.

b) Ministry-level and provincial-level gene bank tasks shall be approved, contracts signed, and implemented by the Minister, Head of an equivalent agency, or Chairman of the People's Committee of a province or centrally-administered city. The construction and implementation of ministry-level and provincial-level gene bank tasks shall follow the management regulations for ministry-level and provincial-level science and technology tasks and the provisions of this Circular.

3. Investment Projects

a) The construction and implementation of investment projects shall comply with the provisions of the Investment Law dated November 26, 2014, the Public Investment Law dated June 18, 2014, and related detailed regulations and guidelines.

b) Investment projects under the Program must obtain written consent from the Ministry of Science and Technology before being approved by the competent authority.

Article 7. Program Management Organization

1. The Program Steering Committee (hereinafter referred to as the Steering Committee): The Minister of Science and Technology shall issue a decision to establish the Steering Committee, the Secretariat assisting the Committee, and promulgate the operational regulations of the Steering Committee.

Composition of the Steering Committee includes: The Chairperson is the Minister of Science and Technology, the Deputy Chairpersons include one Vice Minister of Science and Technology (the permanent Deputy Chairperson) and one Vice Minister of Agriculture and Rural Development, other members are representatives from the Ministries of Industry and Trade, Health, Education and Training, and relevant units under the Ministry of Science and Technology.

2. Unitmanaging the Program are units assisting the Ministry of Science and Technology in organizing and managing the Program, including:

a) Unit managing the tasks of the Program (hereinafter abbreviated as the Task Management Unit) is the Department of Science and Technology for Economic and Engineering Industries, assigned by the Minister of Science and Technology to perform state management functions over the Program; organize the implementation of Program tasks in accordance with approved objectives, contents, and products;

b) Unit managing the budget for implementing Program tasks (hereinafter abbreviated as the Budget Management Unit) is a level III budget unit assisting the Minister of Science and Technology in managing the use of state budget funds for implementing Program activities.

3. The Task Management Unit and the Budget Management Unit of the Program fall within the scope of management of ministries, sectors, and localities, which are assigned by the leadership of these ministries, sectors, and localities to implement.

Article 8. Implementation funds

1. Sources of funds for implementing the Program include: the annual state budget for science and technology (central budget and local budget); funds raised from organizations and individuals both domestically and internationally; international cooperation funds and other lawful sources.

2. State budget funds allocated for implementing the Program include:

a) Scientific and technological public expenditure funds allocated for regular tasks and gene bank fund tasks as stipulated in Clause 2 and Clause 3, Article 4 of this Circular;

b) Investment development funds for scientific and technological activities allocated for investment projects as stipulated in Clause 4, Article 4 of this Circular.

3. The preparation of annual budget estimates, the management and use of state budget funds for tasks under the Program shall be carried out in accordance with the provisions of the State Budget Law dated June 25, 2015 and related guiding documents.

Article 9. Codes of Gene Bank Fund Tasks

1. National-level tasks are recorded as follows: QGQG. DT(DASXTN). XX/20YY, where:

a) QGQG: is the code for national-level gene bank fund tasks;

b) DT (DASXTN): is the common code for research topics (or experimental production projects);

c) XX is the code number of the approved task belonging to the Program group (research topic, experimental production project) in the year it begins implementation;

d) 20YY is the code for the year the task begins implementation.

2. Ministry-level and provincial-level tasks are recorded as follows: QGA. DT(DASXTN). XX/20YY, where:

a) QGA: is the code for ministry-level and provincial-level gene bank fund tasks. A is recorded according to the agreed code for ministries, sectors, agencies at the ministerial level, government agencies, provinces/cities directly under the central government as specified in Table 1 and 2 of Appendix II of this Circular.

Example: QGB06 means a ministry-level gene bank fund task managed by the Ministry of Agriculture and Rural Development;

b) The remaining codes are recorded according to the provisions of point b, c, d, Clause 1 of this Article.

Chapter III
THE GENE BANK NETWORK AND

NATIONAL GENE BANK DATA SYSTEM

Article 10. Recognition of Members of the Gene Bank Network

1. Organizations that have undertaken and successfully completed gene bank tasks using state budget funds shall be recognized as members of the Gene Bank Network by the Ministry of Science and Technology.

2. Organizations wishing to join the Gene Bank Network shall submit a request for recognition as a member and the Decision on the results of the gene bank task implementation to the Department of Science and Technology for Economic and Engineering Industries as the basis for the Minister of Science and Technology to issue a decision on recognition.

3. The list of Gene Bank Network members shall be reviewed annually and publicly announced on the electronic information page of the Program.

Article 11. Tasks of Members of the Gene Bank Network

1. Conduct surveys and collect genetic resources in accordance with their field of expertise.

2. Propose adjustments to the annual Conservation List to the competent authority (ministry, sector, locality), and propose regular tasks to safely store genetic resources resulting from gene bank tasks.

3. Utilize, exchange, transfer, and provide the results of gene bank task implementation to other organizations and individuals, and benefit from these activities in accordance with the law.

4. Safely store genetic resources and databases about genetic resources resulting from tasks under the Program.

5. Annually report to the Ministry of Science and Technology and the direct supervisory state management agency of the gene bank network member on activities related to the conservation and sustainable use of genetic resources, gene bank databases within the assigned field of the unit; report on activities accessing genetic resources and sharing benefits arising from the use of genetic resources of the unit with other organizations.

Article 12. Organization of Activities of the National Gene Bank Network

The National Gene Bank Network implements activities according to the guidance of the Management Board and the Program Management Unit, including the following activities:

1. Develop plans for the conservation and sustainable use of genetic resources for a five-year period;

2. Propose and develop detailed descriptions of gene bank tasks;

3. Organize the implementation of gene bank tasks, propose solutions to issues arising during implementation;

4. Organize inspections, supervision, monitoring of implementation, reporting results, evaluation, acceptance, processing, and storage of gene bank task implementation results;

5. Participate in building the gene bank database;

6. Participate in organizing seminars, summarizing and evaluating five-year and ten-year results of gene bank task implementation, and recommending necessary mechanisms, policies, and measures to ensure effective implementation of gene bank tasks;

7. Propose commendations for outstanding achievements of network members in the implementation process and recommend handling of members violating laws on the conservation and use of genetic resources.

Article 13. National Gene Bank Database

1. The Ministry of Science and Technology shall organize the construction of the national gene bank database as the result of gene bank tasks implemented using state budget funds.

2. The gene bank database shall be managed through the electronic information page of the Program.

3. The Program management agency shall be responsible for ensuring the management of the gene bank database and maintaining the operation of the Program's electronic information page.

4. Network members shall be responsible for updating information about genetic resources managed (or owned) by their units into the common database.

Chapter IV
CONSTRUCTION AND IMPLEMENTATION

NATIONAL GENE BANK TASKS

Article 14. Organization to determine the tasks of the gene fund

1. Based on the objectives and contents stipulated in Section II and III of Article 1 of Decision No. 1671/QĐ-TTg, ministries, sectors, and localities shall develop proposals for commissioned tasks and submit them to the Ministry of Science and Technology.

2. The unit managing the tasks shall aggregate, review the list of commissioned task proposals from ministries, sectors, and localities, seek opinions from the Management Board, and report to the Minister of Science and Technology for consideration and decision.

3. The organization to determine the tasks of the gene fund shall be carried out in accordance with Circular No. 07/2014/TT-BKHCN dated May 26, 2014, issued by the Minister of Science and Technology, detailing the procedures and formalities for determining national science and technology tasks funded by the state budget, and in accordance with Clause 3 of Article 5 of this Circular.

Article 15. Organization to select, directly assign, and audit funding

1. Based on the list of gene fund tasks approved by the Minister of Science and Technology, the task management unit shall take the lead and coordinate with relevant units to organize the selection, direct assignment of the main implementing organizations for gene fund tasks, and audit funding.

2. The selection, direct assignment of the main implementing organizations for gene fund tasks, and funding audit shall be conducted in accordance with Circular No. 10/2014/TT-BKHCN dated May 30, 2014, issued by the Minister of Science and Technology, detailing the selection and direct assignment of organizations and individuals to implement national science and technology tasks funded by the state budget, and Circular No. 23/2014/TT-BKHCN amending and supplementing certain articles of Circular No. 10/2014/TT-BKHCN and related documents.

Article 16. Signing contracts, inspecting, evaluating, adjusting, and terminating gene fund task contracts

1. The signing of contracts to implement gene fund tasks shall be carried out in accordance with Circular No. 05/2014/TT-BKHCN dated April 10, 2014, issued by the Minister of Science and Technology, promulgating the "Model Contract for Scientific Research and Technological Development."

2. The inspection, evaluation of the implementation process, adjustment, and termination of contracts to implement gene fund tasks shall be carried out in accordance with Circular No. 04/2015/TT-BKHCN dated March 11, 2015, issued by the Minister of Science and Technology, detailing the inspection, evaluation, adjustment, and termination of contracts during the implementation of national science and technology tasks funded by the state budget.

Article 17. Organization to evaluate results, terminate contracts, exploit results, and handle assets of gene fund tasks

1. The organization to evaluate results, terminate contracts, exploit results, and handle assets of gene fund tasks shall be carried out in accordance with Circular No. 11/2014/TT-BKHCN dated May 30, 2014, issued by the Minister of Science and Technology, detailing the evaluation and acceptance of results of national science and technology tasks funded by the state budget and other related regulations.

2. The management of genetic resources and genetic resource databases of gene fund tasks shall be carried out as follows:

a) Genetic resources and databases shall be stored at the organization implementing the gene fund task for use in subsequent tasks in accordance with regulations.

b) Main implementing organizations shall be responsible for providing information and genetic resource databases of gene fund tasks to the task management organization and the Ministry of Science and Technology.

c) The exchange of information about genetic resources and sharing of genetic resources and benefits arising from their use shall be carried out in accordance with the Law on Science and Technology dated June 18, 2013, the Law on Biodiversity dated November 13, 2008, and other related legal documents.

Chapter V
IMPLEMENTATION

Article 18. Ministry of Science and Technology

1. Direct and manage the overall implementation of the Program; coordinate activities and recognize members of the National Gene Fund Network; provide written comments as a basis for approving the framework conservation plans of genetic resources of ministries, sectors, and localities.

2. Take the lead and coordinate with the Ministry of Finance, the Ministry of Planning and Investment, and related ministries, sectors, and localities to prepare budgets, resolve financial issues of the Program according to specific annual tasks.

3. Guide ministries, sectors, and localities in developing annual science and technology budget plans, including tasks under the Program.

4. Urge, inspect, and evaluate the implementation of the Program; organize mid-term reviews every five years and final evaluations every ten years of the Program's implementation and report to the Prime Minister.

5. Directly manage the implementation of regular tasks, national gene fund tasks, and investment projects under the Program within its jurisdiction.

Article 19. Ministries, sectors, localities

1. Ministries, sectors, and localities shall coordinate with the Ministry of Science and Technology to implement the Program; participate in inspecting, supervising, and evaluating the implementation of national gene bank tasks related to the Program.

2. Take the lead in performing the following tasks:

a) Assign subordinate units to be the main point of contact for coordinating with the Program management unit of the Ministry of Science and Technology to manage the Program and tasks under the jurisdiction of ministries, sectors, and localities;

b) Organize the development and approval of the framework project proposal for gene banks at the ministry and provincial levels on a five-year basis;

c) Review and approve the List of genetic resources for conservation; develop plans for safely preserving genetic resources listed in the conservation list managed by ministries, sectors, and localities, and incorporate them into the annual science and technology plan;

d) Organize the development of investment projects for scientific and technological organizations within the National Gene Bank Network managed by ministries, sectors, and localities;

e) Direct the updating of information about genetic resources into the national gene bank database system;

f) Develop, approve, and manage gene bank tasks at the ministry and provincial levels; update on the Program's electronic information website.

Article 20. Organizations and individuals responsible for implementing gene bank tasks

1. Shall be responsible for the progress and results of task implementation;

2. Propose in writing to the leading ministry regarding adjustments to the objectives, contents, solutions, and implementation schedules of the Program's tasks to meet actual requirements and current regulations;

3. Fully comply with regular and ad hoc reporting systems on the implementation status of Program tasks and submit final financial reports to competent authorities;

4. Preserve genetic resources and databases of gene bank tasks for subsequent tasks and use according to regulations;

5. Provide information and databases about genetic resources of gene bank tasks to the task management agency and the Ministry of Science and Technology.

Chapter VI
IMPLEMENTING PROVISIONS

Article 21. Effective Date

1. This Circular takes effect from October 15, 2016.

2. Repeal Circular No. 18/2010/TT-BKHCN dated December 24, 2010, issued by the Minister of Science and Technology, stipulating the management of scientific and technological tasks on gene banks, and Circular No. 18/2014/TT-BKHCN dated June 16, 2014, issued by the Minister of Science and Technology, amending and supplementing certain provisions of Circular No. 18/2010/TT-BKHCN.

3. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly issued documents.

Article 22. Transitional Provisions

For gene bank tasks approved by competent authorities before the effective date of this Circular, they shall continue to be implemented according to the existing regulations at the time of approval until the completion of the tasks.

Article 23. Responsibility for Implementation

1. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, centrally governed cities, and related organizations and individuals are responsible for implementing this Circular.

Article 2. If there are difficulties or obstacles during the implementation process, please reflect them in writing to the Ministry of Science and Technology for guidance or research on amendments and supplements to make it appropriate./.