Decree on management of access to genetic resources

The Government issued Decree No. 59/2017/NĐ-CP regulating the management of access to genetic resources.

Illustration photo

Three objects having to register to get a permit to access genetic resources include: 1 - Viet Nam’s organizations and individuals getting access to genetic resource for commercial and commercial product development purposes, 2 – Foreign organizations and individuals getting access to genetic resources within Viet Nam’s territory for any purpose, 3 – Viet Nam’s individuals and organizations desiring to bring genetic resources overseas, except cases stipulated at Article 20 of the Decree.

Individuals registering for the genetic resource access permit have to meet the following requirements: 1 – having professional certificates (from university or above) in such areas as biology, biotechnology, pharmacology and agricultural sciences; 2 – member of a science and technology organization operating based on the regulations of the nation where the organization was set up in fields of biology, biotechnology, pharmacology and agricultural sciences.

The Decree defines that the Ministry of Agriculture and Rural Development license, extend and retrieve the genetic resource access permits for plant varieties, livestock breeds, aquatic breeds and forest tree varieties.

The other cases will be licensed, extended and retrieved by the Ministry of Natural Resources and Environment.

The genetic resource access permits will be retrieved in these cases: 1 – Organizations and individuals providing fake information to get access to the genetic resources, 2 – Genetic resource access and use cause harm to people, the environment, security, defense and national benefits, 3 - Genetic resource access and use beyond the allowed scope and 4 – other cases stipulated by the law.

Source VGP