Decision No. 79/2005/QD-BNN Issuing Regulations on International Exchange of Genetic Resources of Rare Plant Species

DECISION OF THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Issuing Regulations on International Exchange of Rare Crop Genetic Resources

Rare crop genetic resources

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Plant Variety Law No. 15/2004/PL-UBTVQH11 dated March 24, 2004 of the Standing Committee of the National Assembly;

Based on the proposal of the Director of the Crop Production Department and the Deputy Minister of Science and Technology,

DECISION:

Article 1. These Regulations on International Exchange of Rare Crop Genetic Resources are hereby issued together with this Decision.

Article 2. The list of rare crop genetic resources for international exchange in special cases and the list of restricted rare crop genetic resources for international exchange attached to these Regulations shall be periodically revised and supplemented to suit the conservation and international exchange situation of rare crop genetic resources at each stage.

Article 3. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and replace Decision No. 10/2002/QĐ-BNN dated January 17, 2002 of the Ministry of Agriculture and Rural Development.

Article 4. The Head of the Ministry's Office, the Director of the Crop Production Department, the Deputy Minister of Science and Technology, the Directors of Provincial Departments of Agriculture and Rural Development under the Central Government, and the Heads of related agencies are responsible for implementing this Decision.

REGULATIONS

On International Exchange of Rare Crop Genetic Resources

(Issued together with Decision No. 79/2005/QĐ-BNN dated 05 December

2005 of AND Ministry of Science and Technology the Ministry of Agriculture and Rural Development)

Article 1. Scope and Applicability

These Regulations apply only to the international exchange of rare crop genetic resources for scientific research purposes and do not include the importation of commercial seed varieties. The international exchange of rare crop genetic resources must be linked to the conservation tasks assigned to the exchanger through specific international cooperation activities.

Article 2. Definitions

1. In these Regulations, the agency, organization, or individual conducting the international exchange of rare crop genetic resources is collectively referred to as the exchanger.

2. Rare crop genetic resources in these Regulations refer to complete living organisms or parts thereof (seeds, fruits, tubers, roots, stems, leaves, seedlings, buds, pollen, cells, and DNA segments...) carrying genetic information capable of producing complete living organisms.

3. The rare crop genetic resources of a crop species include cultivated varieties of that species and wild relatives (taxa, usually species and genera) closely related to those crop species. These are native or introduced crop species with high economic and scientific value characteristics that have been discovered and are at risk of erosion.

According to their origin and genetic diversity centers, crop species are divided into three groups of different importance for the international exchange of rare crop genetic resources. Each species within each group includes local, improved, introduced varieties, and wild relatives closely related to that species.

Group 1: Includes species for which our country belongs to the region of origin or high genetic diversity region.

Group 2: Includes species introduced into our country long ago and have become local crops.

Group 3: Includes recently introduced species.

Article 3. Purpose of the regulations on international exchange of rare crop genetic resources

1. To establish a legal basis for state management of cooperation and international exchange of rare crop genetic resources of our country.

2. Cooperation and international exchange of rare crop genetic resources should be based on equality, mutual benefit, preventing the loss of rare crop genetic resources, protecting and enriching biodiversity, providing seeds for agricultural and forestry production as well as genetic material for scientific research and variety breeding in our country.

Article 4. Management of International Exchange of Rare Plant Genetic Resources

1. The Minister of Agriculture and Rural Development shall assign the Crop Production Department to be responsible for state management of international exchange of rare plant genetic resources.

When exchanging, the party must have an application file for international exchange of rare plant genetic resources, including:

- An application form for exporting or importing rare plant genetic resources (according to Form 1);

- A history of rare plant genetic resources to be internationally exchanged (according to Form 2);

- Relevant documents related to exporting or importing rare plant genetic resources (cooperative research projects, research contracts as stipulated in Clause 3, Article 1 of this Regulation).

The Director of the Crop Production Department is responsible for preparing documents to submit to the Minister for permission to exchange rare plant genetic resources.

2. The Crop Production Department shall coordinate with the Science and Technology Department, the Plant Resource Center, and other units involved in the conservation of crop genetic resources to organize the construction of a list of rare plant genetic resources that are restricted or only exchanged internationally in special cases.

This list will be revised and supplemented periodically to suit the situation and tasks at each stage.

3. Organizations and individuals who need to exchange internationally rare plant genetic resources must comply with the laws on plant protection and quarantine, biosafety, food safety, and environmental hygiene of the Socialist Republic of Vietnam.

Article 5. Content of International Exchange of Rare Plant Genetic Resources

1. International exchange of rare plant genetic resources includes two lists:

List 1: Rare plant genetic resources for international exchange in special cases include wild species closely related to cultivated plants currently being exploited and used, and some rare plant genetic resources of high value.

2. The period during which individuals who were officials, civil servants, or employees directly researching, developing, or reviewing and approving programs, projects, and proposals as specified in Clause 7 of Article 3 of this Circular may not establish, hold titles, positions of management, or operate enterprises or cooperatives is the duration of completion of those programs, projects, and proposals. List 2: Restricted international exchange of rare plant genetic resources include local plant genetic resources of high value currently used in production and conservation in gene banks.

2. The international exchange of rare plant genetic resources under List 1 and List 2 shall be approved by the Minister of Agriculture and Rural Development.

Rare plant genetic resources not included in List 1 and List 2 may be internationally exchanged, decided by the Crop Production Department.

Article 6. Principles for Providing Rare Plant Genetic Resources to an International Partner

- When requested by Vietnam, the partner is responsible for returning the rare plant genetic resources previously provided by Vietnam.

- Provide Vietnam with evaluation and utilization data of the rare plant genetic resources provided by Vietnam.

- Must have the agreement (in writing) of Vietnam before providing Vietnam's rare plant genetic resources to a third party.

- When the partner uses the rare plant genetic resources provided by Vietnam, which are under Vietnam's copyright, for dissemination in production or creation of new varieties, Vietnam shall enjoy copyright according to the UPOV Convention if both parties are members of UPOV; otherwise, the partner shall share benefits with Vietnam according to international practice./.