Chương V Nghị định 59/2017/NĐ-CP: Tổ chức thực hiện và điều khoản thi hành

Chapter V

IMPLEMENTATION AND FINAL PROVISIONS

Article 26. State management of access to genetic resources and benefit sharing arising from their utilization

1. Responsibilities of the Ministry of Natural Resources and Environment:

a) Carry out the tasks as specified herein;

b) Develop national databases on genetic resources, traditional knowledge associated with genetic resources and the benefit sharing arising from their utilization;

c) Create and run a website, registration and report system through the website about genetic resources, access and the benefit sharing their utilization;

d) Provide detailed guidance on access to traditional knowledge associated with genetic resources;

dd) Cooperate with relevant ministries in providing guidelines for benefit sharing arising from utilization and traditional knowledge associated with genetic resources.

2. Responsibilities of the Ministry of Agriculture and Rural Development:

a) Perform duties as specified herein;

b) Develop databases on genetic resources, provide, exchange and share information and data on genetic resources with the Ministry of Natural Resources and Environment.

3. Responsibilities of the Ministry of Health:

a) Perform duties within its competence as specified herein;

b) Appoint representative(s) to participate in the inspection council on the application for the permit from herbal ingredients as required by the permitting authority;

c) Provide, exchange and share information and data on genetic resources from herbal ingredients applied to the procedures for the issuance of the permit.

4. Responsibilities of the ministries, ministerial authorities and Governmental authorities:

a) Participating in inspecting the application for the permit within their competence as required by the permitting authority;

c) Provide, exchange and share information and data on genetic resources applied to the procedures for the issuance of the permit under the management fields with the permitting authority (if any).

5. Responsibilities of People’s Committees of provinces:

a) Cooperate with the permitting authority in inspecting the application for the permit; manage access and the benefit sharing arising from the use of genetic resources in their provinces;

b) Provide information and data on genetic resources in their provinces at the request of the permitting authority.

6. Responsibilities of People’s Committees of communes:

a) Certify the MAT as specified herein;

b) Supervise access to genetic resources and the relevant activities of the entities that are granted permits in their communes;

c) Handle violations against the permit or the MAT within their competence or report such violations to competent authorities;

d) Report access to genetic resources and relevant activities of the entities that are granted permits in their communes to the competent national authorities when requested in writing.

Article 27. Transitional provisions

1. The application for the permit shall be submitted to the permitting authority before the effective date of this Decree as specified in the Decree No. 65/2010/ND-CP dated June 11, 2010 by the Government on guidelines for certain articles of the Law on Biodiversity.

2. People’s Committees of provinces are responsible for transferring the applications which were permitted for access to genetic resources to the Ministry of Natural Resources and Environment prior to December 31, 2017.

3. Entities who wish to continue using the genetic resources from July 01, 2009 to before the effective date of this Decree without being granted the permit shall submit the application for the permit as stipulated herein.

Article 28. Effect

1. This Decree comes into force from July 01, 2017.

2. Article 18, Article 19 and Article 20 of the Government’s Decree No. 65/2010/ND-CP dated June 11, 2010 on guidelines for certain articles of the Law on Biodiversity shall be repealed.

3. Ministers, heads of ministerial authorities, heads of governmental authorities and People’s Committees of provinces/central-affiliated cities shall implement this Decree.