Quyết định 10/2002/QD-BNN

DECISION

FOR PROMULGATION THE STIPULATION OF INTERNATIONAL EXCHANGE FOR PLANT GENETIC RESOURCES

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

- Based on the Decree No. 73/CP dated on November 1st 1995 of the Government which stipulated the functions, duties, authority and organization of Ministry of Agriculture and Rural Development;

- Based on the Decree No. 07/CP on February 5th 1996 of the Government on Plant Variety Management;

- Based on the Circular No. 02/BNN-KN-KL/TT dated on the March 1^st 1997 of Ministry of Agriculture and Rural Development for conducting the implementation of the Decree 07/CP;

- According to the proposal of Director of Department of Science Technology and Product Quality.

DECISION:

Article 1. To promulgate the decision which stipulate for International exchange of Plant Genetic Resources together with the Documents: The List of International Exchanging Genetic Resources in case of unusual (List 1); The List of Plant Genetic Resources to limit the International exchange (List 2); Application Form for exporting (or importing) of Plant Genetic Resources (Form 1); Enumerative List of Plant Genetic Resources for Import/Export Proposal (Form 2).

Article 2. The List of International Exchanging Genetic Resources in case of unusual and The List of Plant Genetic Resources to limit the International exchange will be periodic amendment in accordant with the status as well as the duty of genetic preservation for each period.

Article 3. This Decision come into enforcement after 15 days from signing. The document which conflict to this Decision will be abolishment

Article 4. Chief of cabinet of Ministry of Agriculture and Rural Development, Director of Department of Agriculture and Forest Extension, Director of Department of Science Technology and Product Quality as Chief of relevant Organizations will be responsible to conduct this Decision.

THE STIPULATION FOR INTERNATIONAL EXCHANGING OF PLANT GENETIC RESOURCE
(To issue together with Decision No 10/2002/QD-BNN dated on January 17th 2002)

Plant genetic resource is an important property for the Nation which managed by State. The International Exchange for plant genetic resource is an indispensable trend of our country in the process of international integration. The International Exchange for plant genetic resource have an important significant issue in the duty of diversity preservation and it’s contributed to the development of stable agriculture as well as making our plant genetic resource more plentiful.

Article 1. General stipulations

1. In this Stipulation, the organizations or individuals who implemented the International Exchange of plant genetic resources are called exchanger.

2. This Stipulation applied for the international exchange of plant genetic resources for the purpose of scientific research but not including the importation the commercial seed. The International exchange for the plant genetic resources must be fasten to the duty of preservation for plant genetic resource which exchanger alloted together with the contents of detail International Cooperation.

3. The Plant genetic resources in this Stipulation are understood as a whole living creature or a part of them (seed, fruits, tuber, stem, ramal, seedlings, graftings, tissue, cell and a portion of AND…) to carry genetic information which can create a living body.

4. Genetic resources of one plant species are including all the varieties belong to that species and the classification of wild relatives which related to that species closely (normally is subspecies).

5. All plant species divided into 3 diferent groups for importance of exchange the genetic resources according to the Bio-diversity Center as well as the origin of the plant species. Each species in a group including the varieties are: Traditional, improve, import and wild relatives of that species.

Group 1: All the species those origin or high genetic bio-diversity in Vietnam.

Group 2: All the species those imported to Vietnam but become traditional species because they exist in Vietnam for long time.

Group 3: All the species those have just imported recent years.

Article 2. The purpose of the stipulation for cooperation and international exchange of plant genetic resources.

1. To establish the legally basic for the state management in the field of cooperation and international exchange of plant genetic resources.

2. The cooperation in the field of international exchange for plant genetic resources based on the equality and benefits between contracting parties. Furthermore, it is not only prevent losing the rare genetic resources but also protect and make plant genetic resources become more plentiful are as to supply variety to agriclture and forestry production as well as genetic materials to scientic research and breeding in our country.

Article 3. To manage the exchange of plant genetic resources

1. The State management in the field of the international exchange for plant genetic resources is alloted to Department of Agriculture and Forestry Extension by Ministry of Ministry of Agriculture and Rural Development.

2. The exchanger need to submit the dossier for exchanging of the plant genetic resources when they have demand. The dossier are including:

- Application form for exporting or importing the plant genetic resources (Form 1)

- Detail information of the plant genetic resource which need to exchange (Form 2)

- The relevant documents to the export or import of the plant genetic resource (Researching Cooperation Project, Contract for researching follow the stipulation at paragraph 2, Article 1 of this Stipulation).

Minister examine the written text which submitted by Director of Department of Agriculture and Forestry Extension for register to exchane the plant genetic resource.

3. The List of Plant Genetic Resources those limitted to exchange or exchange in case of special opportunities established by the organizations as follow: Department of Agriculture and Forstry Extension, Department of Science Technology and Product Quality, Plant Genetic Resource Center and other Offices who participated to the duty of preservation the plant genetic resources.

4. The Organizations and Individuals who have demand on the International Exchanging of plant genetic resources must be followed the Stipulations of the relevant Laws related to plant protection and quarantine as safe food and environment of Socialist Republic of Vietnam.

Article 4. The contents of changing for the plant genetic resources

1. The List for exchanging the plant genetic resources including 3 parts: Genetic Resources for exchanging in case of special; Genetic resources exchange in limited opportunity and the genetic resources those permitted to exchange.

List 1: The List of genetic resources those permitted to exchange in case of special including all the wild relatives to the species are exploiting and some high economic value plant genetic resource.

List 2: The List of genetic resources to exchange in limitation including: The traditional plant genetic resources with high value for the technology and economic are using in the production as well as preservation in gene-bank.

All the plant genetic resources are not including in the List 1 and List

2 are the genetic resources which can exchange.

The exchange the plant genetic resources belong to List 1 and List 2 will be decided by Minister of Agriculture and Rural Development.

The exchange the plant genetic resources are out side of List 1 and List 2 decided by Department of Agriculture and Forest Extension.

2. The principles must be ensured when supplying the plant genetic resources to the International Partner:

- When Vietnam request, the international partner must resupply the genetic resource which Vietnam supplied before.

- To supply to Vietnam side the information related to the plant genetic resources which Vietnam supplied before are as datas and using of that resources.

- It must get agreement expressed by document from Vietnam in case the International Partner would like to supply the genetic resource to the third party.

- Vietnam will be received the Plant Breeder’s Right follow to the stipulations in UPOV Convention in case the international partner using the genetic resource belong to Vienamese Breeder if Vietnam and that partner are UPOV’s member; or Vietnam will be shared the benefits by agreements between 2 sides follow the International Rules.