NATIONAL ASSEMBLY
Law No. 20/2008/QH12
SOCIALIST REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
THE NATIONAL ASSEMBLY
OF
THE SOCIALIST REPUBLIC OF VIETNAM
Legislature XII, 4th session
BIODIVERSITY LAW
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was
amended and supplemented under Resolution 51/2001/QH10 dated on December 25,
2001 of the Xth National Assembly, the 10th session;
This Law stipulates biodiversity conservation and sustainable development.
CHAPTER I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides for the biodiversity conservation and sustainable development;
rights and obligations of organizations, households and individuals in the biodiversity
conservation and sustainable development.
Article 2. Subjects of application
This Law applies to organizations, households and individuals in the country, overseas
Vietnamese, foreign organizations and individuals carrying out activities of or related
to the biodiversity conservation and sustainable development in Vietnam.
Article 3. Interpretation of terms
In this Law, the terms below are interpreted as follows:
1. Biodiversity conservation means the protection of the abundance of natural
ecosystems which are important, specific or representative; the protection of
permanent or seasonal habitats of wild species, environmental landscape and the
unique beauty of nature; the rearing, planting and care of species on the list of
endangered precious and rare species prioritized for protection; and the long-term
preservation and storage of genetic specimens.
2. In-situ conservation means the conservation of wild species in their natural
habitats; the conservation of valuable and endemic crop plants and domestic animals in
the environment where they live and form and develop their typical characteristics.
3. Ex-situ conservation means the conservation of wild species outside their
permanent or seasonal natural habitats; the conservation of valuable and endemic
plants and domestic animals outside the environment where they live and form and
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develop their typical characteristics; the preservation and storage of genetic resources
and genetic specimens in scientific and technological institutions or facilities that store
and preserve genetic resources and genetic specimens.
4. Biodiversity conservation facility means an establishment that takes care of, brings
up, rescues and propagates wild species, crops, domestic animals, microorganisms and
endemic and valuable fungi; stores and preserves genetic resources and genetic
specimens for biodiversity conservation and development purposes.
5. Biodiversity means the abundance of genetic resources, species and ecosystems in
the nature.
6. Assessment of risks posed to biodiversity by genetically modified organisms or
genetic specimens of genetically modified organisms means the determination of the
latent harmfulness and damage level that may occur in activities related to genetically
modified organisms or genetic specimens of genetically modified organisms,
especially the use and release of genetically modified organisms or genetic specimens
of genetically modified organisms.
7. Gene means an unit of heredity or a segment of genetic material that defines
specific characteristics of an organism.
8. Biodiversity corridor means an area connecting natural ecological regions in which
organisms living in these regions can interact.
9. Ecosystem means a community of organisms and non-living elements interacting
and metabolizing as a functional unit in a certain geographical area.
10. Natural ecosystem means an ecosystem that forms and develops in line with
natural rules while still retaining its wild features.
11. New natural ecosystem means an ecosystem that newly forms and develops on
alluvial grounds at coastal river mouths, warps and other areas.
12. Nature conservation area (below referred to as conservation area) means a
geographical area that has fixed boundaries and functional sections for biodiversity
conservation.
13. Wild species means species of animals, plants, microorganisms and fungi that live
and grow in line with natural rules.
14. Species in danger of extinction means a species that faces the danger of decline of
all of its individuals.
15. Extinct species in the nature means a species that exists only in a man-made
rearing or growing conditions outside the scope of their natural distribution.
16. Endemic species means a species that exists and grows only within a narrow scope
of distribution restricted to a certain territorial area in Vietnam and its existence is not
identified elsewhere in the world.
17. Migratory species means a species of animal that has the whole or a part of its
population emigrate regularly, periodically or seasonally from a geographical area to
another one.
18. Alien species means a species that appears and grows in an area that is not its
natural habitat.
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19. Invasive alien species means an alien species that invades the habitat of or causes
harms to indigenous species, causing ecological imbalance in the area where it appears
and grows.
20. Endangered precious and rare species prioritized for protection means wild
species, crops or domestic animals, microorganisms or fungi which are endemic and of
special scientific, medical, economic, ecological, scenic, environmental or cultural-
historical values, exist in few numbers or are in danger of extinction.
21. Genetic specimen means any specimen of plant, animal, microorganism or fungus
that possesses functional units of heredity which can regenerate.
22. Genetic resource includes all species and genetic specimens in nature,
conservation areas, biodiversity conservation facilities and scientific research and
technological development institutions and in nature.
23. Biodiversity sustainable development means the rational exploitation and use of
natural ecosystems, development of genetic resources and species and assurance of
ecological balance in service of socio-economic development.
24. Release of genetically modified organisms means the intentional introduction of
genetically modified organisms into a natural habitat.
25. Risk management means the taking of safety measures to prevent, handle and
remedy risks to biodiversity in activities related to genetically modified organisms and
genetic specimens of genetically modified organisms.
26. Population means a group of individuals of the same species living and growing
within a certain area.
27. Genetically modified organism means an organism whose genetic structure has
been modified by the gene transfer technology.
28. Traditional knowledge of genetic resources means knowledge, experience and
initiatives of native people on the conservation and use of genetic resources.
29. Access to genetic resources means activities of investigating and collecting genetic
resources for research and development and production of commercial products.
30. Buffer zone means the area surrounding and adjacent to a conservation area,
having the function of preventing and reducing negative impacts from outside on the
conservation area.
Article 4. Principles for the biodiversity conservation and sustainable
development
1. Conserving biodiversity is the duty of the State and all organizations and
individuals.
2. Harmoniously combining conservation with rational exploitation and use of
biodiversity; and conservation and rational exploitation and use of biodiversity with
hunger eradication and poverty alleviation.
3. Regarding in-situ conservation as a keystone measure, combining in-situ
conservation with ex-situ conservation.
4. Organizations and individuals that benefit from biodiversity exploitation and use
shall share their benefits with concerned parties; ensuring harmony between the
interests of the State, organizations and individuals.
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5. Ensuring risks management caused to biodiversity by genetically modified
organisms and specimens of genetically modified organisms.
Article 5. State policies on the biodiversity conservation and sustainable
development
1. Giving priority to the conservation of natural ecosystems which are important,
specific or representative for an ecological region and the conservation of species on
the list of endangered precious and rare species prioritized for protection; ensuring
control of access to genetic resources.
2. Ensuring funds for basic survey, observation, inventory and building of databases
on biodiversity and biodiversity conservation planning; investing material - technical
foundations for conservation areas and biodiversity conservation facilities set up by
the State; and ensuring local people’s participation in the process of formulating and
implementing biodiversity conservation plannings.
3. Encouraging organizations and individuals to invest in and apply scientific and
technological advances and traditional knowledge to the biodiversity conservation and
sustainable development, and guaranteeing their lawful rights and interests.
4. Developing ecotourism in association with hunger eradication and poverty
alleviation, ensuring stable livelihood for households and individuals lawfully living in
conservation areas; developing in a sustainable manner buffer zones of conservation
areas.
5. Promoting domestic and foreign resources for the biodiversity conservation and
sustainable development.
Article 6. State management responsibilities for biodiversity
1. The Government performs the unified state management of biodiversity.
2. The Ministry of Natural Resources and Environment shall take responsibility to the
Government for performing the state management of biodiversity.
3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and
powers, perform the state management of biodiversity as assigned by the Government.
4. People’s Committees at all levels shall, within the ambit of their tasks and powers,
perform the state management of biodiversity as decentralized by the Government.
Article 7. Prohibited actions related to biodiversity
1. Hunting, fishing and exploiting wild species in strictly protected sections of
conservation areas, except for scientific research purposes; encroaching upon land,
destroying landscape, deteriorating ecosystems and rearing or planting invasive alien
species in conservation areas.
2. Building structures or houses in strictly protected sections of conservation areas,
except works for defense and security purposes; illegally building works and houses in
ecological restoration sections of conservation areas.
3. Investigating, surveying, exploring and exploiting minerals; raising cattle and
poultry on a farm scale, conducting aquaculture on an industrial scale; illegally living
and polluting the environment in strictly protected sections and ecological restoration
sections of conservation areas.
4. Hunting, fishing, exploiting bodily parts of, illegally killing, consuming,
transporting, purchasing and selling species on the list of endangered precious and rare
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species prioritized for protection; illegally advertising, marketing and consuming
products originated from species on the list of endangered precious and rare species
prioritized for protection.
5. Illegally rearing or growing and planting or culturing wild fauna and flora species
on the list of endangered precious and rare species prioritized for protection.
6. Illegally importing or releasing genetically modified organisms and genetic
specimens of genetically modified organisms.
7. Importing and developing invasive alien species.
8. Illegally accessing genetic resources of species on the list of endangered precious
and rare species prioritized for protection.
9. Illegally changing land use purposes in conservation areas.
CHAPTER II
BIODIVERSITY CONSERVATION PLANNING
Section 1
NATIONAL MASTER PLAN ON BIODIVERSITY CONSERVATION
Article 8. Bases for the formulation of a national master plan on biodiversity
conservation
1. The strategy for socio-economic development, defense and security.
2. The strategy for environmental protection.
3. Plannings on land use and development of branches and domains.
4. Results of basic surveys on biodiversity, natural and socio-economic conditions.
5. Results of implementation of previous master plans on biodiversity conservation.
6. The current status of biodiversity and forecasts about biodiversity exploitation and
use demands.
7. Resources for the implementation of the master plan.
Article 9. Contents of a national master plan on biodiversity conservation
1. Orientations and goals of biodiversity conservation.
2. Evaluation of natural and socio-economic conditions, the current status of
biodiversity; plannings on land use and development of branches, domains and
localities; resources for the implementation of the master plan.
3. Geographical location, boundaries and measures of organizing management and
protection of the biodiversity corridors.
4. Geographical location, area, ecological functions and measures of organizing
management, protection and sustainable development of natural ecosystems.
5. Geographical location, area, boundaries and maps of regions planned for
establishment of conservation areas, types of conservation areas, measures of
organizing management of conservation areas; and solutions for stabilizing the
livelihood of households and individuals lawfully living in conservation areas.
6. Ex-situ conservation needs; types, number, distribution and plan for development of
biodiversity conservation facilities.
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7. Strategic environmental assessment of a master plan project.
8. Organization of the implementation of the master plan.
Article 10. Formulation, approval and adjustment of a national master plan on
biodiversity conservation, and biodiversity conservation plannings of ministries
and ministerial-level agencies
1. The Ministry of Natural Resources and Environment shall assume the prime
responsibility for, and coordinate with ministries and ministerial-level agencies in,
organizing the formulation of a national master plan on biodiversity conservation and
submission thereof to the Government for approval.
2. On the basis of the national master plan on biodiversity conservation, ministries and
ministerial-level agencies shall organize the formulation, approval and adjustment of
plannings on biodiversity conservation under their management.
3. The Government shall specify the order and procedures for the formulation,
approval and adjustment of master plans and plannings on biodiversity conservation
prescribed in this Article.
Article 11. Publicization, organization of implementation of a national master
plan on biodiversity conservation
1. Within 30 days after the Government approves the national master plan on
biodiversity conservation, the Ministry of Natural Resources and Environment and
concerned ministries and ministerial-level agencies shall publicize it on their websites,
while concerned People’s Committees of provinces and centrally run cities (below
collectively referred to as provincial-level People’s Committees) shall publicize it on
their websites and at head offices of concerned People’s Committees of all levels.
2. The organization of implementation of a national master plan on biodiversity
conservation is prescribed as follows:
a) The Ministry of Natural Resources and Environment shall assume the prime
responsibility for, and coordinate with concerned ministries and ministerial-level
agencies, in guiding the implementation of the national master plan on biodiversity
conservation;
b) Ministries and ministerial-level agencies shall organize the implementation of the
national master plan on biodiversity conservation within the scope of their
management;
c) Provincial-level People’s Committees shall organize the implementation of the
national master plan on biodiversity conservation in their localities;
d) In the course of implementing the national master plan, if there arise differences
between the master plan and land use plannings of provinces or centrally run cities or
plannings of branches or domains, except defense and security plannings, the national
master plan on biodiversity conservation shall be given priority for implementation.
Section 2
BIODIVERSITY CONSERVATION PLANNINGS OF PROVINCES AND
CENTRALLY RUN CITIES
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Article 12. Bases for the formulation of biodiversity conservation plannings of
provinces and centrally run cities
1. Local plannings and plans for socio-economic development, defense and security.
2. The national master plan on biodiversity conservation.
3. Land use plannings of provinces or centrally run cities.
4. Results of implementation of previous biodiversity conservation plannings of
provinces or centrally run cities.
5. The current status of biodiversity, specific natural and socio-economic conditions of
localities where conservation areas are planned to be established.
6. Local biodiversity conservation and exploitation needs.
7. Resources for implementation of plannings.
Article 13. Contents of biodiversity conservation plannings of provinces and
centrally run cities
1. Orientations and goals of biodiversity conservation in provinces or centrally run
cities.
2. Evaluation of the current status of biodiversity and natural and socio-economic
conditions of places where provincial-level conservation areas are planned to be
established.
3. Geographical location, area, boundaries and maps of places planned for
establishment of conservation areas, types of conservation areas; measures of
organizing the management of conservation areas; and solutions for stabilizing the
livelihood of households and individuals lawfully living in conservation areas;
4. Ex-situ conservation needs; types; number, distribution and plans for development
of biodiversity conservation facilities in provinces or centrally run cities.
5. Organization of the implementation of biodiversity conservation plannings in
provinces or centrally run cities.
Article 14. Formulation, evaluation, approval and adjustment of biodiversity
conservation plannings of provinces and centrally run cities
1. Provincial-level People’s Committee shall organize the formulation, evaluation and
adjustment of biodiversity conservation plannings of provinces or centrally run cities
and submit them to the People’s Councils of the same level for approval.
2. The Government shall stipulate the order and procedures for the formulation,
evaluation, approval and adjustment of biodiversity conservation plannings of
provinces and centrally run cities.
Article 15. Publicization, organization of implementation of biodiversity
conservation plannings of provinces and centrally run cities
1. Within 30 days after the People’s Council approves the biodiversity conservation
planning of its province or centrally run city, the provincial-level People’s Committee
shall publicize it on its website and at head offices of concerned People’s Committees
of all levels.
2. The provincial-level People’s Committee shall organize the implementation of the
biodiversity conservation planning of its province or centrally run city.
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CHAPTER III
CONSERVATION AND SUSTAINABLE DEVELOPMENT OF NATURAL
ECOSYSTEMS
Section 1
CONSERVATION AREAS
Article 16. Conservation areas and classification of conservation areas
1. Conservation areas include:
a) National parks;
b) Nature reserves;
c) Species/habitat conservation areas;
d) Landscape conservation areas.
2. Based on their biodiversity levels and values and sizes, conservation areas shall be
classified as national- and provincial-level ones to which suitable management and
investment policies will apply.
3. Conservation areas shall be inventoried in number and area; and have their locations
determined on land use maps or their sea coordinates identified.
4. The Government shall specify conservation area classification criteria.
Article 17. National parks
A national park must meet the following major criteria:
1. Possessing a natural ecosystem which is nationally and internationally important,
specific to or representative of a natural ecoregion;
2. Being a permanent or seasonal natural habitat of at least one species on the list of
endangered precious and rare species prioritized for protection;
3. Having special scientific and educational values;
4. Having landscape and unique natural beauty of ecotourism value.
Article 18. Nature reserves
1. Nature reserves include:
a) National-level nature reserves;
b) Provincial-level nature reserves.
2. A national-level nature reserve must meet the following major criteria:
a) Possessing a natural ecosystem which is nationally and internationally important,
specific to or representative of a natural ecoregion;
b) Having special scientific and educational values or ecotourism and recreational
values.
3. Provincial-level nature reserves are those set up under provincial-level biodiversity
conservation plannings for conserving natural ecosystems in localities.
Article 19. Species/habitat conservation areas
1. Species/habitat conservation areas include:
a) National-level species/habitat conservation areas;
b) Provincial-level species/habitat conservation areas;
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2. A national-level species/habitat conservation area must meet the following major
criteria:
a) Being a permanent or seasonal natural habitat of at least one species on the list of
endangered precious and rare species prioritized for protection;
b) Having special scientific and educational values;
3. Provincial-level species/habitat conservation areas are those set up under provincial-
level biodiversity conservation plannings for conserving wildlife in localities.
Article 20. Landscape conservation areas
1. Landscape conservation areas include:
a) National-level landscape conservation areas;
b) Provincial-level landscape conservation areas.
2. A landscape conservation areas must meet the following major criteria:
a) Having a particular ecosystem;
b) Having landscape and unique natural beauty;
c) Having scientific, educational, ecotourism and recreational values.
3. Provincial-level landscape conservation areas are those set up under provincial-level
biodiversity conservation plannings for protecting local landscape.
Article 21. Contents of a conservation area establishment project
1. Biodiversity conservation purposes; satisfaction of major criteria for the
establishment of conservation areas.
2. Current status of natural ecosystems, species on the list of endangered precious and
rare species prioritized for protection, other wild species, landscape and unique natural
beauty.
3. Areas of land and water surface; current situation of land and water surface use;
number of inhabitants in the planned place of the conservation area; scheme on land
use purpose change.
4. Extracts of maps, geographical location and area of the planned conservation area.
5. Geographical locations and areas of the strictly protected, ecological restoration and
service-administrative sections; boundaries of each section; scheme on settlement or
relocation of households and individuals from the planned place of the conservation
area.
6. Conservation area management plan.
7. Organization of the management of the conservation area.
8. Geographical location, area and boundaries of the buffer zone of the planned place
of the conservation area.
9. Organization of the implementation of the conservation area establishment project.
Article 22. Formulation and appraisal of national-level conservation
establishment projects
1. National-level conservation area establishment projects shall be formulated and
appraised as assigned and decentralized by the Government.
2. The order of and procedures for formulating a national-level conservation area
establishment project are prescribed as follows:
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a) To investigate and assess the biodiversity situation of the planned place of the
conservation area according to the criteria for conservation areas specified in Articles
17, 18, 19 and 20 of this Law and to formulate the conservation area establishment
project;
b) To collect opinions from concerned ministries and ministerial-level agencies,
People's Committees of all levels and inhabitants lawfully living in the planned place
of the conservation area and its adjacent area;
c) To appraise the national-level conservation area establishment project and submit it
to the Prime Minister for decision.
3. A dossier of a national-level conservation area establishment project comprises:
a) A written request for the establishment of a conservation area, prepared by the
project-formulating agency;
b) The project with the contents specified in Article 21 of this Law;
c) Opinions of the state agency competent to manage conservation area specified in
Clause 1, Article 27 of this Law and the related parties specified at Point b, Clause 2 of
this Article;
d) Results of appraisal of the project.
Article 23. Decisions to establish national-level conservation areas
1. The Prime Minister shall decide to establish national-level conservation areas.
2. A decision to establish a national-level conservation area must contain the following
major details:
a) Geographical location, boundaries and areas of the conservation area and its buffer
zone;
b) Geographical locations, boundaries and areas of strictly protected, ecological
restoration and service-administrative sections;
c) The conservation area’s biodiversity conservation purposes;
d) A plan to restore natural ecosystems in the conservation area;
e) A scheme to settle or relocate households and individuals living in the conservation
area; a scheme to change land use purposes in the conservation area;
f) The functions, tasks and organization structure of the conservation area management
unit.
3. The decision to establish a national-level conservation area shall be sent to People's
Committees of all levels of the locality where the conservation area is located, the
conservation area establishment project-formulating agency specified in Clause 1,
Article 22 of this Law, and state agencies competent to manage conservation areas
specified in Clause 1, Article 27 of this Law.
Article 24. Formulation and appraisal of provincial-level conservation area
establishment projects and decisions to establish provincial-level conservation
areas
1. On the basis of provincial-level biodiversity conservation plannings, provincial-
level People's Committees shall decide to establish provincial-level conservation areas
after consulting concerned People's Committees of all levels, inhabitants lawfully
living in the planned areas of conservation areas and their adjacent areas and obtaining
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the approval of state agencies competent to manage conservation areas specified in
Clause 1, Article 27 of this Law.
2. State agencies competent to manage conservation areas specified in Clause 1,
Article 27 of this Law shall assume the prime responsibility for, and coordinate with
concerned ministries and ministerial-level agencies in, prescribing the order of and
procedures for formulating and appraising provincial-level conservation area
establishment projects; and contents of decisions to establish provincial-level
conservation areas.
Article 25. Land use in conservation areas
1. Based on decisions on establishment of conservation areas, competent land
allocation agencies under the Land Law shall allocate land to conservation area
management units or other organizations assigned to manage conservation areas.
2. The use and change of land use purposes in conservation areas comply with the
Land Law, this Law and other relevant laws.
Article 26. Functional zonings and conservation area boundaries
1. A conservation area has the following functional zonings:
a) The strictly protected zoning;
b) The ecological restoration zoning;
c) The service-administrative zoning.
2. A conservation area must have boundary markers placed to determine its
boundaries; the strictly protected zoning of a conservation area must have its area and
position determined on the field or its sea coordinates identified.
3. The conservation area management unit or the organization assigned to manage a
conservation area shall assume the prime responsibility for, and coordinate with the
People's Committees of all levels of the locality where the conservation area is located
in, placing boundary markers to determine the conservation area’s boundaries.
Article 27. Conservation area management responsibilities
1. Ministries, ministerial-level agencies and provincial-level People's Committees shall
organize the management of conservation areas as assigned and decentralized by the
Government.
2. Conservation areas shall be managed in accordance with this Law and the
Regulation on management of conservation areas.
The Prime Minister shall promulgate the Regulation on management of conservation
areas
Article 28. Organization of management of conservation areas
1. A national-level conservation area has a management unit which operates as a
public non-business unit with or without financial autonomy.
2. Based on local realities, a provincial-level conservation area may be managed by a
management unit being a public non-business unit with or without financial autonomy
or an organization assigned to manage the conservation area according to law.
Article 29. Rights and responsibilities of conservation area management units and
organizations assigned to manage conservation areas
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A conservation area management unit or an organization assigned to manage a
conservation area has the following rights and responsibilities:
1. To conserve biodiversity under this Law and the Regulation on management of
conservation areas;
2. To elaborate, submit to state management agencies for approval, and organize the
implementation of, plans, programs and investment projects to restore natural
ecosystems in the conservation area;
3. To manage scientific research activities and collect genetic resources and genetic
specimens; to monitor and collect information and data on, and build a database and
report on the current status of, the conservation area’s biodiversity; to take measures to
prevent and eliminate epidemics in the conservation area;
4. To do business or enter into joint ventures in ecotourism, scientific research, resort
and other services in the conservation area according to law;
5. To coordinate with ranger force, environmental police, fire fighting police and local
administrations in conserving the conservation area’s biodiversity;
6. To enjoy benefits from the access to genetic resources within the conservation area;
7. To have other rights and responsibilities as prescribed by law.
Article 30. Responsibilities and obligations of households and individuals lawfully
living in conservation areas
1. Households and individuals lawfully living in conservation areas have the following
rights and obligations:
a) To lawfully exploit resources in conservation areas under this Law, the Regulation
on management of conservation areas and other relevant laws;
b) To participate in and benefit from business and service activities in conservation
areas;
c) To enjoy policies on incentives, supports, compensation and resettlement under law;
d) To observe the Regulation on management of conservation areas;
e) To have other rights and obligations as prescribed by law.
2. The Government shall specify the implementation of this Article.
Article 31. Rights and obligations of organizations and individuals carrying out
lawful activities in conservation area
Organizations and individuals carrying out lawful activities in conservation areas have
the following rights and obligations:
1. To lawfully exploit resources in conservation areas under this Law, the Regulation
on management of conservation areas and other relevant laws;
2. To access genetic resources and share benefits from such access and other lawful
activities in conservation areas according to law;
3. To observe the Regulation on management of conservation areas;
4. To carry out other activities under law;
5. To have other rights and obligations as prescribed law.
Article 32. Management of buffer zones of conservation areas
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1. Locations and areas of buffer zones shall be specified in decisions on the
establishment of conservation areas and determined on land use maps or have their sea
coordinates identified.
2. All activities in buffer zones must comply with the Regulation on management of
buffer zones promulgated by the Prime Minister.
3. Owners of investment projects in conservation areas’ buffer zones shall make an
environmental impact assessment report and submit it to an evaluation council under
the environmental protection law. Such evaluation council must be composed of a
representative of the conservation area management unit.
When an investment project in a buffer zone poses latent risks of environmental
incidents or dispersion of hazardous waste, the decision to approve the project’s
environmental impact assessment report must specify a safe distance so as to prevent
adverse impacts on the conservation area and the organization assigned to manage the
conservation area.
Article 33. Reporting on the current status of conservation areas’ biodiversity
1. Every three years, conservation area management units or organizations assigned to
manage conservation areas shall report on the current status of their conservation
areas’ biodiversity to state agencies competent to manage conservation areas specified
in Clause 1, Article 27 of this Law.
2. A report on the current status of a conservation area’s biodiversity must contain the
following major contents:
a) The actual status and the restoration situation of, and plan to restore the
conservation area’s natural ecosystems;
b) The actual status of and plan on conservation of the conservation area’s species on
the list of endangered precious and rare species prioritized for protection;
c) Requirements for conservation of the conservation area’s biodiversity;
d) Current situation of land use in the conservation area.
Section 2
SUSTAINABLE DEVELOPMENT OF NATURAL ECOSYSTEMS
Article 34. Survey, assessment and determination of mechanisms for sustainable
development of natural ecosystems
1. Natural ecosystems shall be surveyed and assessed and their sustainable
development mechanisms shall be determined.
2. Natural forest ecosystems shall be surveyed and assessed and their sustainable
development mechanisms shall be determined according to the law on forest
protection and development and other relevant laws.
3. Natural marine ecosystems shall be surveyed and assessed and their sustainable
development mechanisms shall be determined according to the Fisheries Law and
other relevant laws.
4. Natural ecosystems of natural wetlands, limestone mountain areas and unused land
areas other than those specified in Clauses 2 and 3 of this Article may be surveyed and
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assessed and their sustainable development mechanisms may be determined under
Articles 35 and 36 of this Law and other relevant laws.
Article 35. Sustainable development of natural wetlands’ natural ecosystems
1. Natural wetlands are marsh, peaty or permanently or temporarily wet areas,
including sea areas of a depth not exceeding 6 meters at the lowest tide level.
2. Statistical and inventory reviews on natural wetlands shall be conducted according
to the Land Law.
3. Provincial-level People's Committees shall conduct survey, statistical and inventory
reviews and assessment of the current status of biodiversity and determine sustainable
development mechanisms for natural ecosystems and locations and areas of natural
wetlands on land use maps or their sea coordinates.
Article 36. Sustainable development of natural ecosystems in limestone mountain
areas and unused land not belonging to the forest ecosystem
1. The current status of biodiversity of limestone mountain areas and unused land areas
not belonging to the forest ecosystem having natural ecosystems specific to or
representative of a region must be surveyed and assessed and sustainable development
mechanisms for these areas shall be determined.
2. Provincial-level People's Committees shall conduct surveys, statistical and
inventory reviews and assessment of the current status of biodiversity and determine
sustainable development mechanisms for natural ecosystems in limestone mountain
areas and unused land areas not belonging to the forest ecosystem.
CHAPTER IV
CONSERVATION AND SUSTAINABLE DEVELOPMENT OF SPECIES
Section 1
PROTECTION OF SPECIES ON THE LIST OF ENDANGERED PRECIOUS AND
RARE SPECIES PRIORITIZED FOR PROTECTION
Article 37. Species to be included in the list of endangered precious and rare
species prioritized for protection
1. Species to be considered for inclusion in the list of endangered precious and rare
species prioritized for protection include:
a) Endangered precious and rare wild fauna and flora species;
b) Endangered precious and rare crop varieties, domestic animal breeds,
microorganisms and fungi.
2. The Government shall specify criteria for definition and regulations on management
and protection of specifies on the list of endangered precious and rare species
prioritized for protection.
Article 38. Proposals on inclusion of species in or exclusion of species from the list of
endangered precious and rare species prioritized for protection
1. Pursuant to Article 37 of this Law, the following organizations or individuals may
propose a species to be included in or excluded from the list of endangered precious
and rare species prioritized for protection:
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a) Organizations or individuals that conduct surveys or researches on species in
Vietnam;
b) Organizations or individuals that are assigned to manage forests, conservation areas,
wetlands, sea, and other natural ecosystems;
c) Societies, associations and other organizations involved in science and technology
or environment.
2. Proposals on inclusion of species in or exclusion of species from the list of endangered
precious and rare species prioritized for protection must be compiled into dossiers to
be submitted to concerned ministries or ministerial-level agencies for examination
under Clause 1, Article 39 of this Law.
3. A dossier of proposal on inclusion of a species in or exclusion of a species from the
list of endangered precious and rare species prioritized for protection comprises:
a) Popular name, indigenous name and scientific name of the proposed species;
b) Areas of distribution, estimated number of individuals, living conditions and current
state of permanent or seasonal natural habitats of the proposed species;
c) Basic characteristics, endemicity and special scientific, medical, economic,
ecological, landscape, environmental or cultural and historical values of the proposed
species;
d) Extent of danger of extinction of the proposed species;
e) Regulations on management and protection, and other particular requirements;
f) Results of self-assessment and proposal on inclusion in or exclusion from the list of
endangered precious and rare species prioritized for protection.
Article 39. Examination of dossiers of proposal on inclusion of species in or
exclusion of species from the list of endangered precious and rare species
prioritized for protection
1. After receiving valid dossiers of proposal on inclusion of species in or exclusion of
species from the list of endangered precious and rare species prioritized for protection,
ministries or ministerial-level agencies shall set up councils to examine these dossiers
before forwarding them to the Ministry of Natural Resources and Environment for
drawing up of the list of endangered precious and rare species prioritized for
protection and submission thereof to the Government for decision.
2. The Government shall specify the order of and procedures for examination of
dossiers of proposal on inclusion of species in or exclusion of species from the list of
endangered precious and rare species prioritized for protection.
Article 40. Decision on specifies to be included in or excluded from the list of
endangered precious and rare species prioritized for protection
1. The Government shall issue a decision on a species to be included in or excluded
from the list of endangered precious and rare species prioritized for protection, with the
following principal contents:
a) Name of the species;
b) Basic characteristics of the species;
c) Regulations on management and protection particularly applicable to the species.
2. The list of endangered precious and rare species prioritized for protection must be
publicized on the mass media.
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3. Every three years or when necessary, the populations of species on the list of
endangered precious and rare species prioritized for protection must be surveyed and
assessed for modification of the list.
Article 41. Conservation of species on the list of endangered precious and rare
species prioritized for protection
1. Areas where exist permanent or seasonal natural habitats of species on the list of
endangered precious and rare species prioritized for protection specified at Point a,
Clause 1, Article 37 of this Law must be surveyed and assessed in order to formulate
conservation area establishment projects.
2. The State establishes or authorizes organizations or individuals to establish
biodiversity conservation facilities to conserve species on the list of endangered
precious and rare species prioritized for protection.
3. The introduction of species on the list of endangered precious and rare species
prioritized for protection into biodiversity conservation facilities for rearing or planting
and the release of those species from rescue centers into their natural habitats are
subject to written approval of competent state agencies.
4. The Government shall specify the competence, order of and procedures for the
introduction of species on the list of endangered precious and rare species prioritized
for protection into biodiversity conservation facilities or for the release thereof into
their natural habitats.
Section 2
SUSTAINABLE DEVELOPMENT OF SPECIES
Article 42. Establishment of biodiversity conservation facilities
1. Biodiversity conservation facilities are established for conserving biodiversity,
conducting scientific research and organizing ecotourism, and include:
a) Facilities rearing or planting species on the list of endangered precious and rare
species prioritized for protection;
b) Wildlife rescue centers;
c) Facilities storing endemic, endangered precious and rare crop varieties, domestic
animal breeds, microorganisms and fungi which have special scientific, medical,
economic, ecological, landscape, environmental or cultural and historical values; and
facilities storing and preserving genetic resources and genetic specimens.
2. Facilities fully satisfying the following conditions will be granted biodiversity
conservation facility certificates:
a) Having adequate land areas, cages and physical foundations meeting requirements
for rearing, planting or breeding species on the list of endangered precious and rare
species prioritized for protection; wildlife rescue; or storing and preserving genetic
resources and genetic specimens;
b) Having technicians with appropriate professional qualifications;
c) Being financially and managerially capable.
3. A dossier of registration for establishment of a biodiversity conservation facility
comprises:
a) An application for establishment of a biodiversity conservation facility;
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b) The establishment project;
c) Documents proving the satisfaction of the conditions specified in Clause 2 of this
Article.
4. Provincial-level People’s Committees shall grant biodiversity conservation facility
certificates.
5. The Government shall specify the conditions for rearing or planting species on the
list of endangered precious and rare species prioritized for protection; rescuing
wildlife; preserving endemic crop varieties, domestic animal breeds, microorganisms
and fungi; storing and preserving genetic resources and genetic specimens; registering
for establishment of biodiversity conservation facilities, and granting and revoking
biodiversity conservation facility certificates.
Article 43. Rights and obligations of organizations and individuals managing
biodiversity conservation facilities
1. Organizations and individuals that manage biodiversity conservation facilities have
the following rights:
a) To enjoy incentive policies and mechanisms and supports of the State as prescribed
by law;
b) To receive assistance projects from domestic or foreign organizations and
individuals and implementing them;
c) To enjoy profits from tourism activities and other activities of their biodiversity
conservation facilities according to law;
d) To enter into contracts on access to, and sharing of benefits from, genetic resources
under their management;
e) To rear, plant, breed and rescue species on the list of endangered precious and rare
species prioritized for protection; to store endemic crop varieties, domestic animal
breeds, microorganisms and fungi; and to store and preserve genetic resources and
genetic specimens;
f) To exchange or donate species on the list of endangered precious and rare species
prioritized for protection for the purpose of biodiversity conservation, scientific
research or ecotourism according to law;
g) To have other rights as prescribed by law.
2. Organizations and individuals that manage biodiversity conservation facilities have
the following obligations:
a) To protect, nurture and take care of species on the list of endangered precious and
rare species prioritized for protection; to store and preserve genetic resources and
genetic specimens;
b) To register and declare origin of species on the list of endangered precious and rare
species prioritized for protection to specialized agencies of provincial-level People’s
Committees;
c) To devise measures to prevent epidemics and adopt regimes of nurturing species in
their facilities and treating their diseases;
d) In December every year, to report to provincial-level People’s Committees on the
situation of species on the list of endangered precious and rare species prioritized for
protection in their facilities;
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e) To ask for permission of competent state agencies specified in Clause 4, Article 41
of this Law for introducing species on the list of endangered precious and rare species
prioritized for protection into their biodiversity conservation facilities for rearing or
planting or for releasing species on the list of endangered precious and rare species
prioritized for protection from their rescue centers into these species’ natural habitats;
f) To have other obligations as prescribed by law.
Article 44. Wild species banned from exploitation and wild species permitted for
conditional exploitation in nature
1. The conditional exploitation of wild species in nature must comply with the Law on
Forest Protection and Development, the Fisheries Law and other relevant laws.
2. The Ministry of Agriculture and Rural Development shall assume the prime
responsibility for, and coordinate with the Ministry of Natural Resources and
Environment in, specifying the protection of wild species banned from exploitation in
nature and the exploitation of wild species permitted for conditional exploitation in
nature; and periodically publicizing the list of wild species banned from exploitation in
nature and the list of wild species permitted for conditional exploitation in nature.
Article 45. Rearing or planting of species on the list of endangered precious and
rare species prioritized for protection
1. Species on the list of endangered precious and rare species prioritized for protection
may be reared or planted in biodiversity conservation facilities for the purpose of
biodiversity conservation, scientific research or ecotourism under this Law.
2. The rearing, growing and artificial planting or culture of a number of species on the
list of endangered precious or rare species prioritized for protection in rearing,
growing and artificial planting or culture facilities for commercial purposes must
comply with law.
Article 46. Exchange, export, import, purchase, sale, donation, storage and
transportation of species on the list of endangered precious and rare species
prioritized for protection and their genetic specimens and products
The exchange, export, import, purchase, sale, donation, storage and transportation of
species on the list of endangered precious and rare species prioritized for protection
and their genetic specimens for the purpose of biodiversity conservation, scientific
research or ecotourism; the exchange, export, import, purchase, sale, donation and
transportation of a number of species on the list of endangered precious and rare species
prioritized for protection and their products for commercial purposes comply with the
Government’s specific regulations.
Article 47. Rescue of species on the list of endangered precious and rare species
prioritized for protection
1. Individuals of species on the list of endangered precious and rare species prioritized
for protection which lose their natural habitats, stray or are injured or diseased must be
brought into rescue centers for treatment, nurture, care and eventual release into their
natural habitats.
2. Organizations and individuals that discover individuals of species on the list of
endangered precious and rare species prioritized for protection which lose their natural
habitats, stray or are injured or diseased shall immediately inform the nearest
commune-level People’s Committee or rescue centers thereof. Upon receiving such
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information, the commune-level People’s Committee shall promptly report it to the
specialized agency of the provincial-level People’s Committee or the nearest rescue
center.
3. After being rescued and fully recovering their health, individuals of species on the
list of endangered precious and rare species prioritized for protection may be
considered for release into their natural habitats. Individuals of species on the list of
endangered precious and rare species prioritized for protection which have lost their
natural habitats shall be considered for introduction into appropriate biodiversity
conservation facilities for rearing or planting.
4. The Government shall specify the rescue of species on the list of endangered
precious and rare species prioritized for protection.
Article 48. Protection of endemic or valuable crop varieties and domestic animal
breeds in danger of extinction
1. The Ministry of Agriculture and Rural Development shall assume the prime
responsibility for, and coordinate with ministries and ministerial-level agencies in,
organizing surveys and assessments of endemic or valuable crop varieties and
domestic animal breeds which are in danger of extinction, and proposing them to be
included in the list of endangered precious and rare species prioritized for protection.
2. Access to genetic resources of endemic or valuable crop varieties and domestic
animal breeds which are in danger of extinction must comply with the provisions of
Sections 1 and 2, Chapter V of this Law and other relevant laws.
Article 49. Protection for endemic or valuable microorganisms and fungi in
danger of extinction
1. The Ministry of Agriculture and Rural Development shall assume the prime
responsibility for, and coordinate with concerned ministries and ministerial-level
agencies in, organizing surveys, assessments, collection and preservation of endemic
or valuable microorganisms and fungi which are in danger of extinction, and
proposing to include them in the list of endangered precious and rare species
prioritized for protection.
2. Access to genetic resources of endemic or valuable microorganisms and fungi
which are in danger of extinction must comply with the provisions of Sections 1 and 2,
Chapter V of this Law and other relevant laws.
Section 3
CONTROL OF INVASIVE ALIEN SPECIES
Article 50. Survey and listing of invasive alien species
1. Invasive alien species include known invasive alien species and potential invasive
alien species.
2. Provincial-level People’s Committees shall organize surveys for drawing up lists of
invasive alien species in their localities and report them to the Ministry of Natural
Resources and Environment and the Ministry of Agriculture and Rural Development.
3. The Ministry of Natural Resources and Environment shall assume the prime
responsibility for, and coordinate with the Ministry of Agriculture and Rural
20
Development, other ministries and ministerial-level agencies and provincial-level
People’s Committees in, conducting surveys and identifying invasive alien species,
examining and promulgating a list of invasive alien species.
Article 51. Control of import of invasive alien species and invasion of alien species
1. Customs offices shall assume the prime responsibility for, and coordinate with
competent authorities at border gates in, inspecting, detecting and handling violations
in importing species on the list of invasive alien species.
2. Provincial-level People’s Committees shall coordinate with competent agencies in
organizing the inspection and assessment of the potential invasion of alien species
before devising measures to prevent and control invasive alien species.
Article 52. Control of the rearing or planting of potential invasive alien species
1. The rearing or planting of potential invasive alien species may be conducted only
when tests of these alien species show that they are not harmful to biodiversity and it is
permitted by provincial-level People’s Committees.
2. The rearing or planting and development of alien species in conservation areas may
be conducted only when tests of these alien species show that they are not harmful to
biodiversity of the biodiversity areas and it is permitted by provincial-level People’s
Committees.
3. The Ministry of Natural Resources and Environment shall assume the prime
responsibility for, and coordinate with the Ministry of Agriculture and Rural
Development, other concerned ministries and ministerial-level agencies in, issuing
regulations on tests of alien species and the grant of permits for rearing or planting and
development of alien species.
Article 53. Control of the spread and development invasive alien species
1. The State invests and encourages organizations and individuals to invest in
implementing programs to isolate and eradicate invasive alien species.
2. Provincial-level People’s Committees shall organize surveys to identify areas of
distribution of species on the lists of invasive alien species in their localities, and work
out plans to isolate and eradicate these species.
3. Organizations and individuals that discover invasive alien species shall immediately
inform the nearest commune-level People’s Committee thereof. After receiving such
information, the commune-level People’s Committee shall promptly report it to
immediate superior authorities or the specialized agency of the provincial-level
People’s Committee for application of control measures.
Article 54. Publicization of information on invasive alien species
1. The Ministry of Natural Resources and Environment, the Ministry of Agriculture
and Rural Development and provincial-level People’s Committees shall post the list of
invasive alien species and information on their areas of distribution and levels of
invasion on their websites.
2. Border-gate customs offices and competent authorities shall post up the list of
invasive alien species at their border gates.
3. Mass media agencies shall disseminate information on invasive alien species and
measures to control, isolate and eradiate these species.
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CHAPTER V
CONSERVATION AND SUSTAINABLE DEVELOPMENT OF GENETIC
RESOURCES
Section 1
MANAGEMENT OF AND ACCESS TO GENETIC RESOURCES AND SHARING
OF BENEFITS FROM GENETIC RESOURCES
Article 55. Management of genetic resources
1. The State uniformly manages all genetic resources in the Vietnamese territory.
2. The State assigns organizations and individuals to manage genetic resources
according to the following provisions:
a) Conservation area management units and organizations assigned to manage
conservation areas shall manage genetic resources in conservation areas;
b) Heads of biodiversity conservation facilities, scientific research and technological
development institutions, and genetic resource storage and preservation establishments
shall manage their own genetic resources;
c) Organizations, households and individuals assigned to manage or use land, forests
or water surface shall manage genetic resources assigned to them for management or
use;
d) Commune-level People’s Committees shall manage genetic resources in their
localities, except cases specified at Points a, b and c of this Clause.
Article 56. Rights and obligations of organizations, households and individuals
assigned to manage genetic resources
1. Organizations and individuals assigned to manage genetic resources have the
following rights:
a) To investigate and collect genetic resources assigned to them for management;
b) To exchange, transfer and supply genetic resources assigned to them for
management to other organizations or individuals in accordance with law;
c) To enjoy benefits shared by organizations or individuals having access to genetic
resources under Articles 58 and 61 of this Law.
2. Organizations and individuals assigned to manage genetic resources have the
following obligations:
a) To notify competent state management agencies of the exchange, transfer or supply
of genetic resources to other organizations or individuals for purposes of research and
development and production of commercial products;
b) To enter into contracts on access to genetic resources and benefit sharing with
organizations or individuals that are granted licenses for access to genetic resources
under Article 59 of this Law;
c) To control the investigation and collection of genetic resources by organizations and
individuals that are granted licenses for access to genetic resources;
d) To take responsibility before law and competent state management agencies for the
management of genetic resources.
Article 57. Order of and procedures for access to genetic resources
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The order of and procedures for access to genetic resources are specified as follows:
1. Registering access to genetic resources;
2. Entering into written contracts on access to genetic resources and benefit sharing
with organizations, households or individuals assigned to manage genetic resources
under Articles 58 and 61 of this Law;
3. Application for licenses for access to genetic resources under Article 59 of this Law;
4. The Government shall specify the order of and procedures for access to genetic
resources.
Article 58. Contracts on access to genetic resources and benefit sharing
1. After making registration, organizations or individuals wishing to access genetic
resources shall enter into written contracts on access to genetic resources and benefit
sharing with organizations, households or individuals assigned to manage genetic
resources.
2. Contracts on access to genetic resources and benefit sharing must be certified by
commune-level People’s Committees of localities where genetic resources are
accessed.
3. A contract on access to genetic resource and benefit sharing must contain the
following principal details:
a) Purpose of access to genetic resources;
b) Genetic resources to be accessed and volume of genetic resources to be collected;
c) Place of access to genetic resources;
d) Plan on access to genetic resources;
e) The transfer of the results of survey and collection of genetic resources to a third
party;
f) Activities of research and development or production of commercial products using
genetic resources;
g) Participants in research and development or production of commercial products
using genetic resources;
h) Place for conducting research and development or production of commercial
products using genetic resources;
i) Sharing of benefits with the State and related parties, including the distribution of
intellectual property rights over invention results on the basis of access to genetic
resources and traditional knowledge copyrights on genetic resources.
4. Contracts on access to genetic resources and benefit sharing must be sent to
commune-level People’s Committees of localities where genetic resources are
accessed and to state agencies competent to grant licenses for access to genetic
resources under Article 59 of this Law.
5. Disputes over or complaints about access to genetic resources and benefit sharing
shall be settled under Vietnamese law and treaties to which the Socialist Republic of
Vietnam is a contracting party.
Article 59. Licenses for access to genetic resources
1. To obtain a license for access to genetic resources, an organization or individual
must meet the following conditions:
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a) Registering with a competent state management agency;
b) Having signed a contract on access to genetic resources and benefit sharing with the
organization, household or individual assigned to manage genetic resources;
c) Access to genetic resources does not fall into either of the cases specified in Clause
4 of this Article.
2. A dossier of application for a license for access to genetic resources comprises:
a) An application for a license for access to genetic resources;
b) A copy of the contract on access to genetic resources and benefit sharing with the
organization, household or individual assigned to manage genetic resources.
3. A license for access to genetic resources must contain the following principal
details:
a) Purpose of using genetic resources;
b) Genetic resources to be accessed and the volume of genetic resources to be
collected;
c) Place of access to genetic resources;
d) To-be-carried out activities related to genetic resources;
e) Periodical reporting on the results of research and development or production of
commercial products related to genetic resources to be accessed.
4. Cases in which a license for access to genetic resources is not granted include:
a) Genetic resources of species are on the list of endangered rare and precious species
prioritized for protection, except cases licensed by competent state agencies;
b) The use of genetic resources threatens to harm humans, the environment, security,
defense or national interests.
5. In the interest of the country and community, state management agencies competent
to grant licenses for access to genetic resources may grant such licenses without
having to seek the consent of organizations, households or individuals assigned to
manage genetic resources.
6. The Government shall specify the competence, order of and procedures for granting
licenses for access to genetic resources.
Article 60. Rights and obligations of organizations and individuals that are
granted licenses for access to genetic resources
1. Organizations and individuals licensed for access to genetic resources have the
following rights:
a) To investigate and collect genetic resources and carry out other activities as
indicated in their licenses for access to genetic resources;
b) To take out of the Vietnamese territory genetic resources not on the list of those
banned from export under law;
c) To trade in products made from genetic resources they are licensed to access;
d) To have other rights as specified in their licenses for access to genetic resources and
contracts on access to genetic resources and benefit sharing.
2. Organizations and individuals licensed for access to genetic resources have the
following obligations:
a) To adhere to the provisions of their licenses for access to genetic resources;
24
b) To submit reports to agencies competent to grant licenses for access to genetic
resources on the results of research and development or production of commercial
products according to the time prescribed in the licenses;
c) To share benefits with related parties, including the distribution of intellectual
property rights over invention results based on their access to genetic resources and
traditional knowledge copyrights on genetic resources;
d) To have other obligations as specified in their licenses for access to genetic
resources and contracts on access to genetic resources and benefit sharing.
Article 61. Sharing of benefits from access to genetic resources
1. Benefits obtained from access to genetic resources must be shared to the following
parties:
a) The State;
b) Organizations, households and individuals assigned to manage genetic resources;
c) Organizations and individuals licensed for access to genetic resources and related
parties as prescribed in the licenses.
2. Benefits obtained from access to genetic resources must be shared on the basis of
contracts on access to genetic resources and benefit sharing and in accordance with
relevant laws.
3. The Government shall specify the management and sharing of benefits obtained
from access to genetic resources.
Section 2
STORAGE AND PRESERVATION OF GENETIC SPECIMENS; ASSESSMENT
OF GENETIC RESOURCES; MANAGEMENT OF INFORMATION ON
GENETIC RESOURCES; TRADITIONAL KNOWLEDGE COPYRIGHTS ON
GENETIC RESOURCES
Article 62. Storage and preservation of genetic specimens
1. Ministries and ministerial-level agencies shall, within the ambit of their tasks and
powers, organize the permanent storage and preservation of genetic specimens of
species on the list of endangered precious and rare species prioritized for protection
and species imported for the research, propagation, hybridization, application and
development of genetic resources.
2. Organizations and individuals that detect and store genetic specimens of extinct
species in nature on the list of endangered precious and rare species prioritized for
protection shall report them to commune-level People’s Committees for immediate
reporting to natural resources and environment agencies under provincial-level
People’s Committees for handling.
3. The State encourages organizations and individuals to invest in permanently storing
and preserving genetic specimens to form gene banks serving biodiversity
conservation and socio-economic development.
Article 63. Investigation, collection, assessment, supply and management of
information on genetic resources
25
1. Ministries and ministerial-level agencies shall organize the implementation of
programs on investigation, collection, assessment and building of databases on genetic
resources under their management and supply information on databases on genetic
resources to the Ministry of Natural Resources and Environment.
The Ministry of Natural Resources and Environment shall uniformly manage a
national database on genetic resources.
2. The State encourages organizations and individuals to investigate, collect, assess
and supply information on genetic resources for building databases on genetic
resources and ensures the right to access databases on genetic resources.
3. The Government shall specify the supply of information on genetic resources.
Article 64. Traditional knowledge copyrights on genetic resources
1. The State protects traditional knowledge copyrights on genetic resources and
encourages and supports organizations and individuals to register traditional
knowledge copyrights on genetic resources.
2. The Ministry of Science and Technology shall assume the prime responsibility for,
and coordinate with concerned ministries and ministerial-level agencies in, guiding
procedures for registration of traditional knowledge copyrights on genetic resources.
Section 3
MANAGEMENT OF RISKS CAUSED TO BIODIVERSITY BY GENETICALLY
MODIFIED ORGANISMS AND GENETIC SPECIMENS OF GENETICALLY
MODIFIED ORGANISMS
Article 65. Responsibilities for managing risks caused to biodiversity by
genetically modified organisms and genetic specimens of genetically modified
organisms
1. Responsibilities for managing risks caused to biodiversity by genetically modified
organisms and genetic specimens of genetically modified organisms are defined as
follows:
a) Organizations and individuals that research and create genetically modified
organisms or genetic specimens of genetically modified organisms shall register with
the Ministry of Science and Technology and satisfy conditions on material and
technical foundations, technologies and professionals under regulations of the Ministry
of Science and Technology;
b) Organizations and individuals that import genetically modified organisms or genetic
specimens of genetically modified organisms shall obtain permission of competent
state agencies;
c) Organizations and individuals that research, import, purchase, sell or release
genetically modified organisms or genetic specimens of genetically modified
organisms shall publicize information on the risk level and risk management measures
under Article 67 of this Law.
2. The Government shall specify responsibilities of ministries, ministerial-level
agencies, organizations and individuals for managing risks caused to biodiversity by
26
genetically modified organisms or genetic specimens of genetically modified
organisms.
Article 66. Making and appraisal of reports on risks assessment caused to
biodiversity by genetically modified organisms or genetic specimens of genetically
modified organisms; grant of certificates of biodiversity safety of genetically
modified organisms or genetic specimens of genetically modified organisms
1. Organizations and individuals that research and create, import or release genetically
modified organisms or genetic specimens of genetically modified organisms shall
make reports on assessment of risks caused to biodiversity by genetically modified
organisms.
2. A report on assessment of risks caused to biodiversity by genetically modified
organisms or genetic specimens of genetically modified organisms must contain the
following principal details:
a) Description of risk assessment measures;
b) Extent of risks caused to biodiversity;
c) Risk management measures.
3. Reports on assessment of risks caused to biodiversity by genetically modified
organisms or genetic specimens of genetically modified organisms must be appraised
by competent state management agencies.
4. The Government shall specify the making and appraisal of reports on assessment of
risks caused to biodiversity by genetically modified organisms or genetic specimens of
genetically modified organisms and the grant of certificates of biodiversity safety of
genetically modified organisms or genetic specimens of genetically modified
organisms.
Article 67. Publicity of information on the risk level and measures to manage
risks caused to biodiversity by genetically modified organisms or genetic
specimens of genetically modified organisms
1. Organizations and individuals that research and create, import, purchase, sell or
release genetically modified organisms or genetic specimens of genetically modified
organisms shall publicize information on the risk level and measures to manage risks
caused to biodiversity.
2. The Government shall specify the publicity of information and risk management
measures.
Article 68. Management of databases on biodiversity-related genetically modified
organisms and genetic specimens of genetically modified organisms
1. The Ministry of Natural Resources and Environment shall uniformly manage
databases on biodiversity-related genetically modified organisms and genetic
specimens of genetically modified organisms; and build a website on biodiversity-
related genetically modified organisms and genetic specimens of genetically modified
organisms.
2. Organizations and individuals that research and create, import, purchase, sell or
release biodiversity-related genetically modified organisms or genetic specimens of
genetically modified organisms shall supply information to the Ministry of Natural
Resources and Environment.
27
3. Organizations and individuals that research and create, or release biodiversity-
related genetically modified organisms or genetic specimens of genetically modified
organisms shall supply information to provincial-level People’s Committees of
localities where they research and create, or release genetically modified organisms or
genetic specimens of genetically modified organisms.
4. Organizations and individuals that supply information on biodiversity-related
genetically modified organisms or genetic specimens of genetically modified
organisms shall take responsibility for the accuracy of information they supply.
CHAPTER VI
INTERNATIONAL COOPERATION ON BIODIVERSITY
Article 69. International cooperation and implementation of treaties on
biodiversity
1. The State of the Socialist Republic of Vietnam commits to implement treaties on
biodiversity to which it is a contracting party and expand cooperation on biodiversity
conservation and sustainable development with other countries, territories and foreign
organizations and individuals.
2. International cooperation on biodiversity conservation and sustainable development
shall be carried out on the principle of equality, mutual benefit and non-interference
into internal affairs for the purposes of biodiversity conservation and sustainable
development and assurance of ecological balance in Vietnam and on the earth.
3. The Ministry of Natural Resources and Environment shall assume the prime
responsibility for, and coordinate with concerned ministries and ministerial-level
agencies in, studying and proposing the negotiation, conclusion of or accession to
treaties on biodiversity.
4. The State encourages and creates conditions for Vietnamese organizations and
individuals, overseas Vietnamese and foreign organizations and individuals to
implement international cooperation programs and projects on biodiversity.
Article 70.Cooperation with bordering countries
The State prioritizes cooperation with bordering countries through the following
activities:
1. Exchanging information and forecasts about the biodiversity situation and change;
2. Coordinating in managing biodiversity corridors and transnational migration routes
of various species; protecting migratory species;
3. Participating in programs on biodiversity conservation and sustainable development
and programs and projects on protection of migratory specifies and biodiversity
corridors.
CHAPTER VII
MECHANISMS AND RESOURCES FOR BIODIVERSITY CONSERVATION
AND SUSTAINABLE DEVELOPMENT
28
Article 71. Basic surveys, scientific research and management of information and
data on biodiversity
1. The State invests in basic surveys on natural ecosystems, wild species, crop
varieties, domestic animal breeds, microorganisms, fungi and genetic resources that
are valuable in service of biodiversity conservation and sustainable development.
2. The State invests in and encourages organizations and individuals to invest in
scientific research in service of biodiversity conservation and sustainable development
and socio-economic development.
3. Basic survey information and data and scientific research outcomes on biodiversity
shall be collected and uniformly managed in the national database on biodiversity.
4. Organizations and individuals engaged in biodiversity-related activities shall supply
basic survey information and data and scientific research outcomes at the request of
the Ministry of Natural Resources and Environment and may share biodiversity
information in accordance with law.
5. The Ministry of Natural Resources and Environment shall specify basic survey
activities and the supply, exchange and management of biodiversity information; and
uniformly manage the national database on biodiversity.
Article 72. Biodiversity reports
1. Biodiversity report is part of the national environmental report.
2. A biodiversity report must contain the following principal details:
a) The current status and change of major natural ecosystems;
b) The current status, distribution region, estimated number of individuals and
characteristics of species on the list of endangered precious and rare species prioritized
for protection, genetically modified organisms and invasive alien species;
c) Practical situation of biodiversity conservation; pressures on and challenges to
biodiversity;
d) Requirements for biodiversity;
e) Evaluation of socio-economic development benefits from biodiversity conservation
and sustainable development;
f) Biodiversity conservation solutions and plans.
3. The Ministry of Natural Resources and Environment shall assume the prime
responsibility for, and coordinate with concerned ministries and ministerial-level
agencies in, elaborating biodiversity reports.
Article 73. Finances for biodiversity conservation and sustainable development
1. Funds for biodiversity conservation and sustainable development come from the
following sources:
a) The state budget;
b) Investments and contributions of domestic and foreign organizations and
individuals;
c) Proceeds from environmental services related to biodiversity and other sources in
accordance with law.
2. Development investment funds allocated from the state budget for biodiversity
conservation and sustainable development shall be used for the following purposes:
29
a) Conducting basic surveys on biodiversity;
b) Restoring natural ecosystems;
c) Conserving species on the list of endangered precious and rare species prioritized
for protection;
d) Investing in the construction, upgrading and renovation of state-owned biodiversity
conservation facilities;
e) Implementing programs on control, isolation and extermination of invasive alien
species;
f) Making other investments related to biodiversity conservation and sustainable
development in accordance with law.
3. Regular funds allocated from the state budget for biodiversity conservation and
sustainable development shall be used for the following purposes:
a) Conducting observation, inventory and management of biodiversity information and
data; building databases on biodiversity;
b) Elaborating reports on the current status of biodiversity and reports on the current
situation of conservation areas; formulating and evaluating biodiversity conservation
plannings, programs and projects;
c) Making and appraising a list of endangered precious and rare species prioritized for
protection, a list of invasive alien species, a list of wild species banned from
exploitation from the nature, a list of wild species subject to conditional exploitation
from the nature, a list of genetic resources banned from export; and conducting
population survey and assessment in order to amend or supplement the list of
endangered precious and rare species prioritized for protection;
d) Managing conservation areas and state-owned biodiversity conservation facilities;
e) Developing and testing biodiversity conservation and sustainable development
models;
f) Conducting law propagation and education and raising public awareness about
biodiversity conservation and sustainable development;
g) Conducting training and re-training to raise professional qualifications on
biodiversity;
h) Undertaking international cooperation on biodiversity conservation and sustainable
development.
Article 74. Environmental services related to biodiversity
1. Organizations and individuals using environmental services related to biodiversity
shall pay charges to service providers.
2. The Government shall specify environmental services related to biodiversity.
Article 75. Compensation for damage to biodiversity
1. Organizations or individuals that infringe upon conservation areas or biodiversity
conservation facilities, endemic and valuable crop varieties, domestic animal breeds,
microorganisms and fungi, species on the list of endangered precious and rare species
prioritized for protection or biodiversity corridors shall pay damages in accordance
with law.
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2. Damage caused to biodiversity due to environmental pollution or degradation shall
be compensated in accordance with law.
3. Biodiversity-related damages paid to the State shall be reinvested in biodiversity
conservation and sustainable development under this Law and other relevant laws.
CHAPTER VIII
IMPLEMENTATION PROVISIONS
Article 76. Transitional provisions
1. For national parks, nature reserves, species/habitat conservation areas, landscape
conservation areas, sea conservation areas, inland water conservation areas, aquatic
natural resource reserves already set up under the Law on Forest Protection and
Development and the Fisheries Law before the effective date of this Law which satisfy
the criteria for establishment of conservation areas prescribed in this Law, decisions on
their re-establishment are not required.
2. Licenses and certificates that have been already granted to biodiversity conservation
facilities and establishments rearing, growing and artificially planting and culturing
endangered precious and rare wild fauna and flora species before the effective date of
this Law and conform to this Law remain valid.
Article 77. Implementation effect
This Law takes effect on July 1, 2009.
Article 78. Implementation detailing and guidance
The Government shall detail and guide the implementation of articles and clauses as
assigned under this Law and guides other necessary contents of the Law to meet state
management requirements.
This Law was passed on November 13, 2008, by the XIIth National Assembly of the
Socialist Republic of Vietnam at its 4th session.
Chairman of the National Assembly
NGUYEN PHU TRONG