Thông tư 10/2020/TT-BTNMT báo cáo tiếp cận nguồn gen chia sẻ lợi ích từ việc sử dụng nguồn gen

• Số hiệu: 10/2020/TT-BTNMT
• Loại văn bản: Thông tư
• Nơi ban hành: Bộ Tài nguyên và Môi trường
• Người ký: Trần Hồng Hà
• Ngày ban hành: 29/09/2020

MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ----------------
No. 10/2020/TT-BTNMT	Hanoi, September 29, 2020

CIRCULAR

REPORT ON ACCESSING GENETIC RESOURCES AND SHARING BENEFITS OF USING GENETIC RESOURCES

Pursuant to the Law on Biodiversity dated November 13, 2008;

Pursuant to Decree No. 36/2017/ND-CP dated April 4, 2017 of the Government administering functions, tasks, powers, and organizational structure of Ministry of Natural Resources and Environment;

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

At request of Director General of Vietnam Environment Administration and Director of Legal Department;

Minister of Natural Resources and Environment promulgates Circular on report on accessing genetic resources and sharing benefits of using genetic resources.

Article 1. Scope

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Article 2. Regulated entities

This Circular applies to regulatory agencies, organizations and individuals with operations related to accessing genetic resources and sharing benefits of using genetic resources, to be specific:

1. Competent regulatory authorities capable of issuing, extending and revoking permit for accessing genetic resources according to Article 6 of Decree No. 59/2017/ND-CP (hereinafter referred to as “competent authorities”).

2. Organizations and individuals issued with permit for accessing genetic resources by competent authorities according to Clause 1 Article 7 of Decree No. 59/2017/ND-CP .

3. Vietnamese students, researchers, science and technology organizations permitted by competent authorities to carry genetic resources abroad according to Clause 1, Clause 2 Article 20 of Decree No. 59/2017/ND-CP .

Article 3. Report on results of accessing genetic resources and sharing benefits of using genetic resources

1. Forms of report on results of accessing genetic resources and sharing benefits of using genetic resources (hereinafter referred to as “report”), include:

a) Report on accessing genetic resources: Form No. 01 under Annex attached to this Circular;

b) Report on current conditions and use results of genetic resources: Form No. 02 under Annex attached to this Circular;

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2. Language used in reports shall be Vietnamese and produced in any of the following methods:

a) Physical version: for organizations: bears signatures of legal representatives of organizations and signatures of reporting organizations (if any); for individuals: bears signatures and full name of reporting individuals and confirmation of organizations that guarantee said individuals (if any);

b) Electronic version: shown in form of pictures (pdf format) of physical version under Point a of this Clause or electronic files verified by digital signatures of legal representatives of reporting organizations as per the law.

3. Organizations and individuals specified under Clause 2 Article 2 of this Circular are responsible for submitting reports before following deadlines:

a) Within 3 months from the date on which genetic resource collection according to genetic resource access plans attached to Decision on issuance of permit for accessing genetic resources concludes for reports specified under Point a Clause 1 of this Article;

b) Periodically once every 2 years (within 5 days after the second year concludes according to duration of permit for accessing genetic resources) for reports specified under Point b Clause 1 of this Article.

4. Organizations and individuals specified under Clause 3 Article 2 of this Circular are responsible for reporting about studying and research results for genetic resources permitted to be brought abroad specified under Point c Clause 1 of this Article within 3 months from the date on which studying and/or research programs conclude.

5. Reports specified under Clause 3 and Clause 4 of this Article shall be submitted in person, via postal service or other methods as per the law to competent authorities which originally issue permit. Reports must be guaranteed in terms of accuracy, objectivity and truthfulness of information and figures in the report and organizations and individuals that produce the reports shall be legally responsible for information included in the reports.

Article 4. Entry into force

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Article 5. Implementation

1. Vietnam Environment Administration is responsible for providing guidelines, inspecting and expediting implementation of this Circular.

2. Ministries, ministerial agencies, Governmental agencies, People’s Committees of provinces and central-affiliated cities and relevant organizations, individuals are responsible for the implementation of this Circular./.

MINISTER




Tran Hong Ha