Circular No. 18/2010/TT-BKHCN on the management of scientific and technological tasks related to gene funds

CIRCULAR

Regulations on managing scientific and technological tasks related to gene banks

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Based on the Law on Science and Technology dated June 22, 2000 and Decree No. 81/2002/NĐ-CP dated October 17, 2002 of the Government detailing and guiding implementation of certain provisions of the Law on Science and Technology;

Based on the Law on Biodiversity dated November 28, 2008 and Decree No. 65/2010/NĐ-CP dated June 11, 2010 of the Government detailing and guiding implementation of certain provisions of the Law on Biodiversity;

Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

The Ministry of Science and Technology stipulates the management of scientific and technological tasks related to gene banks as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular specifies matters concerning: activities of the gene bank network; management of gene bank tasks; procedures for developing, organizing implementation, evaluating, accepting completion, handling, and utilizing results of scientific and technological tasks related to gene banks.

2. Scientific and technological tasks related to gene banks (hereinafter referred to as gene bank tasks) include state-level gene bank tasks, ministry-level gene bank tasks, provincial-level gene bank tasks, and do not include grassroots-level gene bank tasks.

3. Gene bank tasks consist of three types: conservation gene bank tasks; exploitation and development gene bank tasks; genetic evaluation gene bank tasks.

Article 2. Applicability

This Circular applies to organizations and individuals in Vietnam involved in gene bank network activities, management and implementation of gene bank tasks using state budget funds as specified in Article 1 of this Circular.

Article 3. Explanation of Terms

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

1. Genetic resources refer to species of living organisms, genetic samples within protected areas, biodiversity conservation facilities, research and technology development institutions, and in nature.

2. A gene bank is a collection of genetic resources from the results of implementing scientific and technological tasks including crop genetic resources, livestock genetic resources, human genetic resources, microbial genetic resources, and rare, unique genetic resources with value for use in economic, health, security, defense, science, and environmental fields.

3. The gene bank network is a network of interconnected activities of organizations leading and preserving the results of gene bank tasks nationwide established in ministries and sectors during the implementation of Decision No. 2177/1997/QĐ-BKHCNMT dated December 30, 1997 of the Minister of Science, Technology, and Environment (now the Ministry of Science and Technology) and organizations leading gene bank tasks under this Circular.

4. Conservation gene bank tasks are scientific and technological tasks conducting research, collection, conservation, biological indicator assessment, and documentation of genetic resources.

5. Exploitation and development gene bank tasks are scientific and technological tasks conducting research and application activities to exploit and develop conserved genetic resources for economic, health, security, defense, scientific, and environmental purposes.

6. Genetic evaluation gene bank tasks are scientific and technological tasks conducting research and application activities using genetic breeding techniques, molecular genetics, biostatistics, bioinformatics, etc., to evaluate genetics for screening genetic resources and mapping genomes of certain genetic resources of particular importance in agriculture, industry, health, security, and defense.

7. State-level gene bank tasks are interdisciplinary, multi-sectoral scientific and technological tasks related to gene banks involving participation of multiple organizations, individuals, and scientists. Products and results of gene bank tasks have wide applications across many fields, are significant, and impact the development of various economic, health, security, defense, scientific, and environmental sectors. Conservation gene bank tasks led and implemented by gene bank network organizations according to Decision No. 2177/1997/QĐ-BKHCNMT dated December 30, 1997 of the Minister of Science, Technology, and Environment (now the Ministry of Science and Technology) are state-level conservation gene bank tasks. State-level gene bank tasks are organized and implemented by the Ministry of Science and Technology.

8. Ministry-level and provincial-level gene bank tasks are scientific and technological tasks related to gene banks with applications in one field, sector, or locality. Ministry-level and provincial-level gene bank tasks are organized and implemented by ministries, sectors, and localities.

Article 4. Objectives of the Gene Fund Task

1. Objectives of the Task for Preserving Genetic Resources

a) Valuable, rare, and endemic genetic resources of Vietnam that are declining or at risk of extinction;

b) Genetic resources with economic, social, medical, security, defense, scientific, and environmental values that have been evaluated based on biological criteria;

c) Genetic resources needed for breeding, hybridization, research, and training activities;

d) Genetic resources from abroad that have adapted and developed stably in Vietnam's conditions and are important for production.

2. Objectives of the Task for Exploiting and Developing Genetic Resources

Genetic resources currently being preserved and evaluated to have high economic value, capable of producing commercial products, with markets meeting requirements for socio-economic development, healthcare, security, defense, science, and the environment.

3. Objectives of the Task for Evaluating Genetic Resources

Some crop genetic resources, key livestock genetic resources; some human genetic resources, microbial genetic resources, parasite, and viral genetic resources that are particularly significant for agriculture, industry, healthcare, security, and defense.

Article 5. Contents of the Gene Fund Task

1. Contents of the Task for Preserving Genetic Resources

a) Storing and preserving existing valuable and rare genetic resources;

b) Surveying, investigating, and collecting additional genetic resources;

c) Researching and applying advanced techniques to restore crop genetic resources, breed pure livestock genetic resources, standardize microbial strains, fungi, and algae;

d) Researching and developing specialized cultivation areas for rare and endangered species serving socio-economic development, healthcare, security, defense, science, and the environment;

đ) Preliminary and detailed evaluation of genetic resources according to appropriate biological criteria for each subject;

e) Documenting genetic resources in various forms: survey sheets, description sheets, evaluation sheets, specimens, drawings, distribution maps, photographs, informational publications, databases (in textual or digital form);

g) Safely conserving genetic resources according to their biological characteristics (in-situ conservation, ex-situ conservation) and evaluating conservation results;

h) Introducing, providing, and exchanging genetic resources and related information with domestic organizations and individuals and foreign partners in accordance with the law.

2. Contents of the Task for Exploiting and Developing Genetic Resources

a) Inspecting valuable genetic resources, assessing their potential for development and application to guide exploitation objectives;

b) Establishing genetic material sources: mother orchards, seedling gardens (for plant genetic resources); nucleus herds, pedigrees, grandparents, parents (for animal genetic resources); original strains (for microbial, fungal, and algal genetic resources);

c) Researching, developing, and applying scientific and technological advancements (tissue culture, seed production, propagation, etc.) to develop genetic material sources and expand genetic resources;

d) Studying technological processes to produce economically valuable products (food, bioproducts, pharmaceuticals, etc.) from genetic resources;

đ) Establishing product standards created from genetic resources;

e) Registering intellectual property protection for products and indigenous genetic resources.

3. Contents of the Task for Evaluating Genetic Resources

a) Researching and evaluating genetic potential;

b) Researching gene structure and function, sequencing genes;

c) Creating gene maps.

Chapter II

GENE FUND NETWORK ACTIVITIES

Article 6. Genetic Resource Fund Network

1. Organizations responsible for implementing and preserving the results of genetic resource fund tasks during the implementation of Decision No. 2177/1997/QĐ-BKHCNMT dated December 30, 1997 of the Minister of Science, Technology and Environment (now the Ministry of Science and Technology), and organizations responsible for genetic resource fund tasks implemented according to this Circular throughout the country shall be linked together to form a genetic resource fund network.

2. The Ministry of Science and Technology shall unify the content of activities of the genetic resource fund network to enhance the effectiveness of work on conservation and development of genetic resources.

3. The Ministry of Science and Technology shall coordinate with the competent ministries and sectors to review the material and human resources conditions of organizations currently responsible for genetic resource fund tasks. In cases where the responsible organization does not have the capacity to undertake the task, the Ministry of Science and Technology shall decide or propose the competent ministry or sector to suspend the implementation or transfer the task to another organization.

Article 7. Members of the Genetic Resource Fund Network

1. Members of the genetic resource fund network are organizations responsible for implementing and preserving the results of genetic resource fund tasks using state budget funds throughout the country.

2. Organizations having sufficient material and technical facilities and human resources to implement and preserve the results of genetic resource fund tasks but not yet assigned responsibility for such tasks may register to become members of the network.

The membership application dossier of the genetic resource fund network shall be established according to the model prescribed in Appendix 1 issued along with this Circular, including:

a) Membership registration form (approved by the competent authority);

b) Organizational capability statement;

c) Copy of the establishment decision.

2. The Ministry of Science and Technology shall coordinate with relevant ministries, sectors, People's Committees of provinces and centrally-administered cities (hereinafter referred to as provincial-level People's Committees) to examine and approve the membership application dossier and issue a decision recognizing the list of network members. The list of network members shall be reviewed and supplemented annually by the Ministry of Science and Technology to meet practical requirements.

Article 8. Rights and Responsibilities of Members of the Genetic Resource Fund Network

1. Members of the genetic resource fund network have the following rights:

a) Register to participate in the implementation of genetic resource fund tasks;

b) Investigate and collect genetic resources that are the objects of assigned genetic resource fund tasks;

c) Exchange, transfer, and provide the results of genetic resource fund task implementation to other organizations and individuals in accordance with the law;

d) Enjoy benefits from other organizations and individuals accessing genetic resources in accordance with Articles 58 and 61 of the Biodiversity Law.

2. Members of the genetic resource fund network have the following responsibilities:

a) Report to the Ministry of Science and Technology and other competent state management agencies about the exchange, transfer, and provision of genetic resources to other organizations and individuals for research and development and commercial product production purposes;

b) Create conditions for other organizations and individuals to obtain permits to access genetic resources in accordance with Article 59 of the Biodiversity Law;

c) Supervise the investigation and collection of genetic resources by organizations and individuals holding permits to access genetic resources within their management scope;

d) Be responsible before the law, the Ministry of Science and Technology, and other competent state management agencies for the preservation and use of the results of genetic resource fund tasks.

Article 9. Contents of Activities of the Gene Fund Network

In accordance with the directives of the Steering Committee for the Gene Fund Task, the Gene Fund Network shall carry out the following activities:

- Developing a five-year plan and strategic orientation on gene resource conservation and development for the ten to twenty-year period;

- Proposing and drafting the mission statement of the Gene Fund;

- Organizing the implementation of the Gene Fund mission, proposing solutions to issues arising during the implementation process;

- Organizing inspections, urging, supervising the implementation, reporting results, evaluating and accepting final reports, handling and preserving the results of the Gene Fund mission implementation;

- Building databases and websites on the Gene Fund;

- Organizing participation in seminars, summarizing and evaluating the results of the five-year and ten-year implementation of the Gene Fund mission, and recommending mechanisms, policies, and measures necessary to ensure effective implementation of the Gene Fund mission;

- Proposing commendations for network members who have outstanding achievements during the implementation process and handling members who violate the provisions of this Circular;

Chapter III

MANAGEMENT OF THE GENE FUND TASK

Article 10. Management of the Gene Fund Task

1. The Gene Fund Task shall be managed in accordance with current regulations on managing state-level scientific and technological tasks and the provisions of this Circular.

2. Management authority is defined as follows:

a) The Ministry of Science and Technology directly manages and organizes the implementation of state-level Gene Fund Tasks. The Department of Science and Technology of economic-engineering sectors assists the Minister of Science and Technology in managing state-level Gene Fund Tasks and overseeing management of ministry-level and provincial-level Gene Fund Tasks.

b) Ministries, sectors, and provincial People's Committees directly manage and organize the implementation of ministry-level and provincial-level Gene Fund Tasks. Departments and units managing science and technology within ministries, sectors, and provincial departments of science and technology are the main agencies assisting heads of ministries, sectors, and provincial People's Committees in managing Gene Fund Tasks within their respective jurisdictions.

3. Responsibilities for coordinated management:

a) The competent authority (ministry, sector, provincial People's Committee) is responsible for coordinating with the Ministry of Science and Technology in managing national-level Gene Fund Tasks implemented by organizations under the management of the ministry, sector, or locality.

b) The Ministry of Science and Technology is responsible for coordinating with ministries, sectors, and provincial People's Committees in managing ministry-level and provincial-level Gene Fund Tasks.

4. Measures and contents of coordinated management:

a) The Ministry of Science and Technology is responsible for inviting representatives from the competent authority to attend advisory science and technology council meetings to determine tasks, selection councils, evaluation councils, and participating as members of budget review teams and inspection teams for national-level Gene Fund Tasks.

b) The competent authority (ministry, sector, provincial People's Committee) is responsible for inviting representatives from the Ministry of Science and Technology to attend advisory science and technology council meetings to determine tasks, selection councils, evaluation councils, and participating as members of budget review teams and inspection teams for ministry-level and provincial-level Gene Fund Tasks.

c) The Ministry of Science and Technology takes the lead, and ministries, sectors, and provincial People's Committees are responsible for coordinating with the Ministry of Science and Technology to develop strategic orientations on gene resource conservation and development for the ten to twenty-year period and the overall activity plan of the network; handling issues arising during the implementation process; building common databases and websites for the Gene Fund network; organizing seminars, summarizing and evaluating the results of the five-year and ten-year implementation of the Gene Fund mission; reviewing commendation and reward applications.

Article 11. Management Board for the Gene Fund Task

1. The Management Board for the Gene Fund Task (hereinafter referred to as the Management Board) shall be established by the Minister of Science and Technology and shall be responsible for advising the Minister on developing guidelines for gene conservation and development; organizing implementation and guiding organizations in implementing the Gene Fund Task.

2. Composition of the Management Board for the Gene Fund Task: The Chairman is a leader from the Ministry of Science and Technology, the Deputy Chairman is a representative from the leaders of the Ministry of Agriculture and Rural Development and the Ministry of Health, members include representatives from relevant ministries and sectors related to genes and leading scientists in the field of genetic resources. The Management Board has a Secretariat to assist its operations.

3. Regulations on organization and operation of the Management Board shall be issued by the Minister of Science and Technology together with the Decision establishing the Board.

Article 12. Activities of the Management Board

- Directing the development of strategic orientation on gene conservation and development for a ten to twenty-year period for the network of gene funds as a basis for building and selecting gene fund tasks for five-year and annual plans;

- Directing the development of a general plan of activities for the network;

- Assisting the Minister of Science and Technology in building a list of state-level scientific and technological tasks on gene funds for a five-year period and advising the Minister of Science and Technology on framework projects for ministry and provincial-level gene fund tasks;

- Directing the organization, implementation, evaluation, and acceptance of state-level gene fund tasks, proposing solutions to issues arising during the implementation process;

- Guiding the construction of a common database and website for the network of gene funds;

- Organizing seminars, summarizing and evaluating results every five years and ten years of implementing gene fund tasks, and recommending mechanisms, policies, and measures necessary to ensure effective implementation of gene fund tasks;

- Proposing commendations to the Ministry of Science and Technology for outstanding achievements of network members during the implementation process and handling members who violate the provisions of this Circular.

Chapter IV

PROCEDURES FOR BUILDING, IMPLEMENTATION, EVALUATION, ACCEPTANCE, HANDLING AND USE OF RESULTS OF GENE FUND TASKS

PROCEDURES FOR BUILDING, IMPLEMENTATION, EVALUATION, ACCEPTANCE, HANDLING AND USE OF RESULTS OF GENE FUND TASKS

Article 13. Building Gene Fund Tasks

1. For gene conservation tasks:

a) Based on the orientation and needs for gene conservation, relevant ministries, sectors, and provincial People's Committees related to gene funds shall develop framework projects for ministry and provincial-level gene conservation tasks and propose a list of gene conservation tasks to be implemented at the state level for the five-year plan according to the model specified in Appendix 2 attached to this Circular and send them to the Ministry of Science and Technology. The Management Board for the Gene Fund Task shall advise the Minister of Science and Technology on the framework projects for ministry and provincial-level gene conservation tasks.

b) State-level gene conservation tasks:

Based on the proposals of ministries, sectors, and provincial People's Committees, the Management Board for the Gene Fund Task shall be responsible for assisting the Minister of Science and Technology in building a list of state-level gene conservation tasks for a five-year period to be submitted to the state-level science and technology council for advisory determination of the tasks.

c) Ministry and provincial-level gene conservation tasks:

Based on the opinion of the Ministry of Science and Technology on the framework projects for gene conservation tasks, ministries, sectors, and provincial People's Committees shall approve the framework projects

and the list of gene conservation tasks planned to be implemented at the ministry and provincial levels to be submitted to the science and technology council for advisory determination of the tasks.

2. For gene exploitation and development tasks:

a) Annually, organizations, individuals, or ministries, sectors, and provincial People's Committees that have the need to implement state-level gene exploitation and development tasks shall submit proposals according to the model specified in Appendix 3 attached to this Circular to the Ministry of Science and Technology. Proposals for ministry and provincial-level gene exploitation and development tasks shall be sent to the management agencies of science and technology of ministries, sectors, and provincial People's Committees.

b) State-level gene exploitation and development tasks:

The Management Board for the Gene Fund Task shall be responsible for assisting the Minister of Science and Technology in building a list of state-level gene exploitation and development tasks to be submitted to the state-level science and technology council for advisory determination of the tasks. The Minister of Science and Technology shall issue a decision to approve the list of state-level gene exploitation and development tasks to be put out for selection and review.

c) Ministry and provincial-level gene exploitation and development tasks:

The heads of ministries, sectors, and provincial People's Committees shall organize the determination of ministry and provincial-level gene exploitation and development tasks in accordance with current regulations on managing scientific and technological tasks. The list of ministry and provincial-level gene exploitation and development tasks must be agreed upon with the Ministry of Science and Technology before being put out for selection and review.

3. For genetic assessment tasks:

a) Annually, the Ministry of Science and Technology shall coordinate with ministries, sectors, and localities to determine the objects of genetic resources that need genetic assessment to assign genetic assessment tasks to be implemented at the state, ministry, and provincial levels.

b) State-level genetic assessment tasks:

The Management Board for the Gene Fund Task shall be responsible for assisting the Minister of Science and Technology in building a list of state-level genetic assessment tasks to be submitted to the state-level science and technology council for advisory determination of the tasks. The Minister of Science and Technology shall issue a decision to approve the list of state-level genetic assessment tasks to be put out for selection and review.

c) Ministry and provincial-level genetic assessment tasks:

The heads of ministries, sectors, and provincial People's Committees shall organize the determination of ministry and provincial-level genetic assessment tasks in accordance with current regulations on managing scientific and technological tasks. The list of ministry and provincial-level genetic assessment tasks must be agreed upon with the Ministry of Science and Technology before being put out for selection and review.

4. The list of state-level gene fund tasks may be supplemented when there is an urgent need as decided by the Minister of Science and Technology.

Article 14. Organization of Selection and Examination for Gene Fund Tasks

1. The Ministry of Science and Technology shall organize the selection and examination of national-level gene fund tasks. Ministries, sectors, and provincial People's Committees shall organize the selection and examination of ministry-level and provincial-level gene fund tasks.

2. The organization of selection and examination for the main implementing organizations of gene fund tasks shall comply with current regulations on the selection and examination of main implementing organizations for national-level science and technology tasks.

3. The documents in the application dossier for participating in the selection and examination of the main implementing organizations of gene fund tasks shall be prepared according to the model prescribed in Appendix 4 issued together with this Circular.

4. The documents serving the evaluation of the application dossiers for participating in the selection and examination of the main implementing organizations of gene fund tasks shall be prepared according to the model prescribed in Appendix 5 issued together with this Circular.

Article 15. Implementation of Gene Fund Tasks

1. Based on the conclusion of the Science and Technology Advisory Council for the selection and examination of national-level gene fund tasks, the Ministry of Science and Technology shall decide to recognize the results of the selection and examination, organize the review of funds, and sign a science and technology contract with the main implementing organization of the national-level gene fund task.

2. Based on the conclusion of the Science and Technology Advisory Council for the selection and examination of ministry-level and provincial-level gene fund tasks, ministries, sectors, and provincial People's Committees shall decide to recognize the results of the selection and examination, organize the review of funds, and sign a science and technology contract with the main implementing organization of the ministry-level and provincial-level gene fund task.

3. The model of the contract for implementing gene fund tasks is prescribed in Appendix 6 issued together with this Circular.

Article 16. Reporting and Inspection of Gene Fund Task Implementation

1. Every six months or at any time upon request, the main implementing organization shall report on the implementation status and use of funds for national-level gene fund tasks to the Ministry of Science and Technology, and for ministry-level and provincial-level gene fund tasks to ministries, sectors, and provincial People's Committees.

2. Annually, the Ministry of Science and Technology shall conduct regular or spot inspections of the implementation status and use of funds for national-level gene fund tasks. Ministries, sectors, and provincial People's Committees shall conduct regular or spot inspections of the implementation status and use of funds for ministry-level and provincial-level gene fund tasks.

3. Annually, ministries, sectors, and provincial People's Committees shall compile the implementation status and use of funds for ministry-level and provincial-level gene fund tasks and prepare reports to submit to the Ministry of Science and Technology. These reports shall be prepared according to the model prescribed in Appendix 7 issued together with this Circular.

4. In cases where necessary, the Ministry of Science and Technology, in conjunction with the Ministry of Finance, shall conduct inspections or coordinate with ministries, sectors, and provincial People's Committees to inspect the implementation status and use of funds for national-level, ministry-level, and provincial-level gene fund tasks. During the inspection process, if any misuse of funds is discovered, it will be handled according to current regulations.

Article 17. Organization of Evaluation and Acceptance of Results of Gene Fund Task Implementation

1. The Ministry of Science and Technology shall organize the evaluation and acceptance of results of national-level gene fund task implementation. Ministries, sectors, and provincial People's Committees shall organize the evaluation and acceptance of results of ministry-level and provincial-level gene fund task implementation.

2. The evaluation and acceptance of results of gene fund task implementation shall be carried out according to current regulations on the evaluation and acceptance of results of national-level science and technology task implementation. The evaluation and acceptance documents for gene fund task results shall be prepared according to the model prescribed in Appendix 8 issued together with this Circular.

3. In cases where the evaluation and acceptance contain contents that do not meet requirements due to objective reasons, in addition to handling according to current regulations, the main implementing organization of the task shall have the responsibility to continue preserving the results and preparing a report to submit to the gene fund task management agency and the Ministry of Science and Technology for consideration and handling.

Article 18. Liquidation of contracts, handling and utilization of results of gene fund tasks

1. The Ministry of Science and Technology shall organize the liquidation of contracts for implementing state-level gene fund tasks. Ministries, sectors, People's Committees of provinces shall organize the liquidation of contracts for implementing ministry-level and provincial-level gene fund tasks.

2. The organization of contract liquidation for implementing gene fund tasks shall be carried out in accordance with current regulations applicable to science and technology tasks.

3. Handling of results and products of gene fund tasks

a) Gene sources and databases of gene fund tasks shall be retained at the implementing organizations to serve subsequent tasks and used in accordance with regulations;

b) Commercial products created during the implementation of gene fund tasks shall be handled in accordance with current regulations applicable to science and technology tasks;

c) Leading organizations shall be responsible for providing information and databases on gene sources of gene fund tasks to the managing agencies of gene fund tasks, the Ministry of Science and Technology, and the Ministry of Natural Resources and Environment.

4. The utilization of results from the implementation of gene fund tasks shall be carried out in accordance with the provisions of the Law on Science and Technology, the Law on Biodiversity, and other relevant laws.

Chapter V

FINANCING OF GENE FUND TASKS

Article 19. Funding for implementing gene fund tasks

1. The funding for implementing gene fund tasks as stipulated in Article 1 of this Circular shall be sourced from the state budget for scientific and technological affairs:

a) Funding for implementing ministry-level and provincial-level gene fund tasks shall be balanced and allocated to ministries, sectors, and People's Committees of provinces;

b) Funding for implementing national-level gene fund tasks shall be balanced and allocated to the Ministry of Science and Technology.

2. Funding for the management and operation of gene fund tasks shall be sourced from the annual state budget for scientific and technological affairs and shall be assigned to the Ministry of Science and Technology, ministries, sectors, and People's Committees of provinces.

3. The preparation, management, use, settlement, and final accounting of funding for gene fund tasks shall be carried out in accordance with current regulations.

Chapter VI

IMPLEMENTING PROVISIONS

Article 20. Effective Date

1. This Circular takes effect 45 days from the date of signature.

2. This Circular replaces Decision No. 2177/1997/QĐ-BKHCNMT dated December 30, 1997, issued by the Minister of Science, Technology, and Environment, regarding the issuance of the Regulations on Management and Conservation of Plant, Animal, and Microbial Genetic Resources.

Article 21. Responsibility for Implementation

Ministries, ministerial-level agencies, government agencies, People's Committees of cities directly under the central government, and related organizations and individuals are responsible for implementing this Circular to manage science and technology tasks concerning gene funds./.