Decree No. 59/2017/ND-CP on Management of Access to Genetic Resources and Benefit Sharing arising from Their Utilization.

This Decree deals with management of access to genetic resources and benefit sharing arising from their utilization under the sovereignty of the Socialist Republic of Vietnam. The Decree applies to organizations and individuals involved in access to and utilization of genetic resources for the purposes of research or commercial product development.
Article 4 provides for the rules for managing access to genetic resources and benefit sharing arising from their utilization. The foreign user is only entitled to engage in access to genetic resources after being permitted by a permitting authority. Vietnamese organizations and individuals are encouraged to participate in research and development on genetic resources. The benefit sharing arising from the utilization of genetic resources shall be fair and equitable among relevant parties and shall contribute to the effective management of biological resources, promote the scientific research and the commercialization of genetic resources and focus on the role of indigenous and local communities in conservation and sustainable utilization of genetic resources. The Ministry of Agriculture and Rural Development shall issue, extend and revoke the permit relating to genetic resources of crop varieties, breeds of livestock and aquatic animals and varieties of forest trees. Benefits arising from the utilization of genetic resources may be monetary or non-monetary. Article 22 provides for the rules for sharing of monetary benefits. The sharing of non-monetary benefits arising from the utilization of genetic resources are agreed by the parties and recorded in the Mutually Agreed Terms (MAT) (art.23).
The Decree further makes provisions for: registration of access to genetic resources, negotiation, conclusion and certification of the MAT, publishing information and reporting, etc.