Ministry of science and technology --------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom - Happiness ---------------
No. : 17/2016/TT-BKHCN	Hanoi, September 01, 2016

 

CIRCULAR

On management and implementation of genetic resources preservation and stable use program until 2025 and orientation towards 2030

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to Decree No. 08/2014/ND-CP dated January 27, 2014 of the Government elaborating a number of Articles of the Law on Science and Technology;

Pursuant to Decree No. 20/2013/ND-CP dated February 26, 2013 of the Government adminsitering functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Implementing Decision No. 1671/QD-TTg dated September 28, 2015 of the Prime Minister on approval for genetic resources preservation and stable use program until 2025 and orientation towards 2030;

At the request of the Director General of the Department of Science and Technology for Economic-Technical Branches and the Director General of the Department of Legal Affairs,

The Minister of Science and Technology promulgates the Circular on management and implementation of genetic resources preservation and stable use program until 2025 and orientation towards 2030.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides provisions for the management and implementation of the genetic resources preservation and stable use program until 2025 and orientation towards 2030 (hereinafter referred to as “the program") approved by the Prime Minister in Decision No. 1671/QD-TTg dated September 28, 2015 (hereinafter referred to as “Decision No. 1671/QD-TTg”).

Article 2. Regulated entities

1. Organizations and individuals using State budget to perform tasks of the program.

2. Regulatory agencies and other organizations, individuals involved in the operation of the program.

Article 3. Term interpretation

In this Decree, the terms below are construed as follows:

1. “Genetic resources” refers to species, genetic specimens in the biodiversity sanctuaries or preservation areas, scientific research and technology development facilities and in nature;

2. “Gene storage" refers to the collection of genetic resources gathered from science and technology activities carried out by organizations under the national gene storage network;

3. “Science and technology tasks relating gene storage” (hereinafter referred to as “gene tasks”) refers to scientific and technological schemes, experimental production projects whose contents cover the preservation and stable use of the genetic resources, including the national tasks and ministerial, provincial tasks;

4. “National gene storage network” (hereinafter referred to as “national gene network") refers to the network linking operations of the presiding entities which have successfully carried out the gene tasks and stored the genetic resources which are the results of the national gene tasks that utilize State budget; has been recognized by the Ministry of Science and Technology as memebers of the network.

Article 4. Program tasks

1. The program tasks shall execute the contents specified in Section III Article 1 of Decision No. 1671/QD-TTg. There are 03 types of tasks:

a) Regular tasks;

b) Gene tasks;

c) Facility, technical investment tasks (hereinafter referred to as “investment projects”).

2. The regular tasks include:

a) Maintaining of the safe keeping of the genetic resources that have been collected and assessed in the list of preserved genetic resources in the ministerial or provincial schemes of gene storage range (as specified in the Appendix 1 issued together with this Circular) that have been approved by the ministries or local governments after having the consent of the Ministry of Science and Technology.

The list of preserved genetic resources in the ministerial or provincial schemes of genetic storage range shall be examined annually.

b) The program management includes: management of the gene network; of the operator board, secretaries; the gene network construction, management and operation; communicationl management of gene tasks and other relevant operations.

3. The gene tasks include:

a) “Gene storage scientific and technological scheme” (hereinafter referred to as “gene scheme”) means the implementation of research contents in situ and ex situ; research to inspect and collect, addition of new genetic resources and research the methods to preserve the genetic resources; assessment and documentation of the genetic resources; assessment of the hereditary genetic resources; research on the technical process and technical measures to extract and stably use the genetic resources having high scientific and application value; develop the national gene storage database;

b) “Experimental production projects on gene storage" (hereinafter referred to as “gene experimental production”) means the application of the scientific and technological schemes relating genetic resources to experimentally produce to develop the new technology and products before application in goods production.

4. Investment projects

Enhance the facility and technical potential of the science and technology organizations in the national gene network; focus on the fulfillment of the tasks specified in Clause 2 Section III Article 1 of Decision No. 1671/QD-TTg amd tasks No. 7, 8, 9, 10 in the list of prioritized tasks specified in the Appendix issued together with Decision No. 1671/QD-TTg .

Article 5. Gene task requirements

1. With respect to the national gene tasks: satisfy the requirements of the national science and techonology task specified in Clause 1 Article 25 Decree No. 08/2014/ND-CP dated January 2014 of the Government elaboraing a number of Articles of the Law on Science and Technology (hereinafter referred to as “Decree No. 08/2014/ND-CP).

2. With respect to the miniterial and provincial gene tasks: satisfy the requirements of the ministerial and provincial science and technology tasks specified in Clause 1 Article 26, Clause 1 Article 27 of Decree No. 08/2014/ND-CP .

3. Apart of satisfying the requirements specified in Clause 1 and Clause 2 of this Article, the gene tasks must be implemented on entities that are domestic or imported genetic resources that have adapted and stably developed in Vietnamese natural conditions, the genetic resources that serve important purposes and satisfy any of the following requirements:

a) The genetic resources that are rare and endemic in Vietnam facing possible decline or extinction;

b) The genetic resources that possess high productivity, good quality, strong resistance and considerable adaptability to the environment, scientific value and application potential for the breed selection;

c) The genetic resources having application values in agriculture, industry, medicine and pharmacy, culture, environmental protection, and national defense and security.

Chapter II

PROGRAM MANAGEMENT

Article 6. Management principles

The Ministry of Science and Technology shall agree to manage the program according to regulations relating science and technology management and regulations specified in this Circular.

1. Regular tasks

a) Minitries, local governments

Based on the documents providing guidelines on the construction of the plan and statement for science and techonology annual budget of the Ministry of Science and Technology and provisions specified in Point a Clause 1 Article 4 of this Circular; based on the schemes of genetic resources preservation of ministries and local governments, ministries and local goverments compile the needs for actions carried out by affiliated organizations to maintain the safe keeping of the genetic resources, develop a general plan and send to the Ministry of Science and Technology.

Based on propositions made by the ministries and local governments, the Ministry of Science and Technology shall compile and cooperate with the Ministry of Finance to balance the budget allocated to the ministries and local governments according to plan.

The ministries and local governments shall directly assign the organizations to implement and examine periodically, collect assessments according to the ministerial or provincial tasks.

b) The Ministry of Science and Technology

Pursuant to provisions specified in Point b Clause 2 Article 4 of this Circular, the program management unit affiliated to the Minister of Science and Technology shall develop the periodical task plan annually to implement the program management and request the Minister of Science and Technology to approve and organize the implementation.

2. Gene tasks

a) The national gene tasks shall be approved, signed and organized for implementation by the Minister of Science and Technology. The implementation development and organization of the national gene tasks are specified in Chapter IV of this Circular.

b) The ministerial and provincial gene tasks shall be approved, signed and organized for implementation by the ministers, heads of ministerial agencies, Chairmen of the People’s Committee of provinces and central-affiliated cities. The implementation development and organization of the ministerial and provincial gene tasks shall adopt the regulations on management of ministerial and provincial science and technology tasks specified in this Circular.

3. Investment projects

a) The development and implementation of the investment projects shall comply with provisions of the Law on Investment dated November 26, 2014, the Law on Public Investment dated June 18, 2014 and elaborating documents.

b) The investment projects of the program require written consensus by the Ministry of Science and Technology before they are approved by the competent authorities.

Article 7. Program management organization

1. Program operator board (hereinafter referred to as “operator board”): the Minister of Science and Technology shall decide to establish the operator board, assisting secretaries and impose operation regulations of the operator board.

The operator board compositions include: the Head is the Minister of Science and Technology, the Deputy Head include 01 Deputy Minister of Science and Technology (Standing Deputy) and 01 Deputy Minister of Agriculture and Rural Development, other members are representatives of the Ministry of Industry and Trade, Ministry of Health, Ministry of Education and Training and relevant units affiliated to the Ministry of Science and Technology.

2. Program managing units refer to units assisting the Ministry of Science and Technology in organizing and managing the program. To be specific:

a) Unit managing program tasks (hereinafter referred to as “task managing unit”) is the Department of Science and Technology for Economic-Technical Branches assigned by the Minister of Science and Technology to implement State management to the program; implement the program tasks according to the approved targets, contents and products;

b) Units managing expenditure on implementation of program tasks (hereinafter referred to as “expenditure managing units”) are units performing grade III budget estimates assisting the Minister of Science and Technology in managing the use of state funding to carry out the organization and implementation of the program.

3. The task and expenditure managing units of the program are managed and assigned by ministries and local governments.

Article 8. Implementation expenditure

1. The expenditures for the program implementation include: annual State funding for science and technology (central government budget and local government budget); mobilized funding of domestic and international organizations and individuals; international cooperation funding and other legal funding sources.

2. The State funding for the program implementation includes:

a) Expenditure on science and technology profession allocated for regular tasks and gene tasks as specified in Clause 2 and 3 Article 4 of this Circular;

b) Expenditure on investment for the improvement of science and technology allocated for investment projects as specified in Clause 4 Article 4 of this Circular.

3. The making of annual budget estimates, management of budget funding for the program tasks shall follow the provisions specified in the Law on state budget dated June 25, 2015 and other relevant guiding documents.

Article 9. Gene task codes

1. The national tasks shall be coded as follows: QGQG. DT(DASXTN). XX/20YY, in which:

a) QGQG: refers to the national gene tasks;

b) DT (DASXTN): is the general code for the scheme (or experimental production project);

c) XX is the ordinal number of the approved mission of the program classified in groups (experimental production scheme or project) in the year of implementation;

d) 20YY stands for the year of initiating the tasks.

2. The ministerial and provincial tasks are coded as follows: QGA DT(DASXTN). XX/20YY, in which:

a) QGA: refers to the ministerial or provincial gene tasks. A shall follow the code given to the ministries, ministerial agencies, Governmental agencies, provinces/central-affiliated cities specified in Table 1 and 2 in Appendix II of this Circular.

I.e QGB06 means the ministerial gene tasks managed by the Ministry of Agriculture and Rural Development;

b) Other symbols shall follow provisions in Point b, c, d Clause 1 of this Article.

Chapter III

GENE NETWORK AND NATIONAL GENE STORAGE DATABASE

Article 10. Gene network membership recognition

1. Organizations participating in the implementation of gene tasks utilizing state budget achieve at least satisfied resutls shall be recognized by the Ministry of Science and Technology as members of the gene network.

2. Organizations looking to join in the gene network must send the application form for membership recognition and the decision confirming the gene task results to the Department of Science and Technology for Economic-Technical Branches to request the Minister of Science and Technology to approve.

3. The list of gene network members shall be examined annually and publicized on the program website.

Article 11. Gene network member missions

1. Investigate and collect genetic resources according to their fields.

2. Request the agencíe in charge (ministries, local governments) to adjust the preservation list annually, propose regular tasks to protect the genetic resources that are results of the gene tasks.

3. Use, exchange, transfer and provide the results of gene task implementation to other organizations and individuals and benefit from these activities as per law.

4. Safely store the genetic resources, gene database that are results of program tasks.

5. Annually, report to the Ministry of Science and Technology and the direct superior regulatory agencies of the gene network members on preservation activities and stable use of the genetic resources, gene storage database in the assigned fields; report on activities to access the genetic resources and share the emerged benefits from using genetic resources of the units with other organizations.

Article 12. National gene network operation

Directed by the operator board and the program managing unit, the national gene network shall perform the following actions:

1. Develop plans for preservation and stable use of genetic resources for the 5 year period;

2. Propose and develop the explanation for gene tasks;

3. Carry out gene tasks and request to handle issues that arise during the implementation;

4. Examine, expedite, monitor the implementation, report, assess the results, process and archive the implementation results of gene tasks;

5. Participate in the development of gene storage database;

6. Organize seminars, assess the results of 5-year, 10-year gene task implementation and propose necessary mechanics, policies and measures to ensure effective implementation of gene tasks;

7. Propose reward for outstanding performances of the gene network members in the implementation and dealing with members violating genetic resources preservation and use laws.

Article 13. National gene storage database

1. The Ministry of Science and Technology develops the national gene strorage database which is the results of the implemented gene tasks utilizing State budget.

2. The gene storage database shall be managed via the program website.

3. The agencies which manage the program shall have the responsibilities to ensure the management of gene storage database and maintain the operation of the program website.

4. Members of the gene network shall have the responsibilities to update information about the genetic resources under their management (or ownership) on the shared database.

Chapter IV

DEVELOPMENT AND ORGANIZATION OF NATIONAL GENE TASK IMPLEMENTATION

Article 14. Organization of gene task identification

1. Based on the goal and contents specified in Section II and III Article 1 of Decision No. 1671/QD-TTg , ministries and local governments shall develop the commissioning proposition and send to the Ministry of Science and Technology.

2. The task managing unit shall compile, inspect the list of proposed commission of ministries and local governments, consult the operator board and request the Minister of Science and Technology to consider and decide.

3. The identification of gene tasks shall comply with provisions specified in Circular No. 07/2014/TT-BKHCN dated May 26, 2014 of the Minister of Science and Technology on procedures of identifying national science and technology tasks utilizing State budget and with provisions specified in Clause 3 Article 5 of this Circular.

Article 15. Organization of selection, direct assignment consideration expenditure appraisal

1. Based on the list of gene tasks approved by the Minister of Science and Technology, the task managing unit shall take charge, cooperate with relevant units to organize the selection, consider direct assignment of the presiding entities to implement the gene tasks and appraise the expenditure.

2. The selection, consideration for direct assignment of the presiding entities to implement the gene tasks and appraise the implementation expenditure as specified in Circular No. 10/2014/TT-BKHCN dated May 30, 2014 of the Minister of Science and Technology on selection, direct assignment to implement national science tasks and technology utilizing State budget and Circular No. 23/2014/TT-BKHCN on amendments to a number of Articles of Circular No. 10/2014/TT-BKHCN and relevant documents.

Article 16. Contract signing, inspection, assessment, adjustment and termination of gene task contract

1. The signing of contract implementing gene tasks shall comply with provisions specified in Circular No. 05/2014/TT-BKHCN dated April 10, 2014 of the Minister of Science and Technology promulgating the “Contract for scientific research and technological development”.

2. The inspection and assessment of the implementation, the adjustment and termination of the contract for gene task implementation shall comply with provisions specified in Circular No. 04/2015/TT-BKHCN dated March 11, 2015 of the Minister of Science and Technology on inspection, assessment, adjustment and termination of contract during the implementation of national science and technology tasks utilizing State budget.

Article 17. Organization of result assessment and inspection, contract liquidation, result extraction and gene task asset handling

1. The organization of result assessment and inspection, contract liquidation, result extraction and gene task asset handling shall comply with provisions specified in Circular No. 11/2014/TT-BKHCN dated May 30, 2014 of the Minister of Science and Technology on result assessment and inspection of national science and technology tasks utilizing State budget and other relevant regulations and law.

2. The management of products that are genetic resources and genetic resources database of the gene tasks shall be implemented as follows:

a) The genetic resources and database shall be stored at the gene tasks implementing organizations to serve the following tasks and to be used as per law;

b) The presiding entities shall have the responsibilities to provide information and database regarding the genetic resources of the gene tasks to the gene task managing agencies and the Ministry of Science and Technology;

c) The exchange of information regarding genetic resources and share of genetic resources, benefits provided by the use of genetic resources shall comply with provisions of the Law on Science and Technology dated June 18, 2013, the Law on Biodiversity dated November 13, 2008 and other relevant legislative documents.

Chapter V

IMPLEMENTATION

Article 18. Ministry of Science and Technology

1. Direct and operate the top-level program implementation; coordinate the operation and recognition of national gene network membership; make written remarks to serve as the basis to approve the scheme of gene preservation range of ministries and local governments.

2. Take charge, cooperate with the Ministry of Finance, the Ministry of Planning and Investment and relevant ministries and local governments, make expenditure estimates, handle financial issues of the program according to specific annual tasks.

3. Instruct the ministries and local governments to develop the plan and estimates of annual science and technology budget, including the program tasks.

4. Expedite, examine and assess the program implementation; organize the 5-year conclusion, 10-year conclusion of the program implementation and report to the Prime Minister.

5. Directly supervise the implementation of regular tasks, national gene tasks and investment projectss of the program under their management.

Article 19. Minitries and local governments

1. The ministries and local governments shall cooperate with the Ministry of Science and Technology to implement the program; participate in the examination, inspection and assessment of the relevant national gene task implementation.

2. Take charge of the following affairs:

a) Assign the affiliated entities to be the contact point to cooperate with the program managing unit of the Ministry of Science and Technology to manage the program and tasks under management of the ministries and local governments;

b) Develop and approve the ministerial, provincial scheme of gene storage range following 05-year period;

c) Inspect and approve the list of preserved genetic resources; develop the plan for safe keeping the genetic resources in the list of preserved genetic resources under management of the ministries, local governments, cooperate in to the annual science and technology plans;

d) Develop the investment projects for science and technology organizations in the national gene network under management of the ministries, local governments;

dd) Direct and update information regarding genetic resources on the national gene storage database;

e) Develop, approve and manage the ministerial, provincial gene tasks; update on the program website.

Article 20. Gene task presiding organizations and individuals

1. Take responsibilities for the progress and results of the task implementation;

2. Send written propositions to the presiding Minister on adjustment to the goal, content, solution, implementation progress of the program to match the practical requirements and current regulations;

3. Fully produce the regular and irregular reports on the program task deployment and expenditure statement and send to the competent authorities;

4. Store the genetic resources and the gene task database to serve the following tasks and to be used as per law;

5. Provide information and database regarding the genetic resources of the gene tasks to the gene task managing agencies and the Ministry of Science and Technology.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 21. Entry into force

1. This Circular comes into force from October 15, 2016.

2. Annul Circular No. 18/2010/TT-BKHCN dated December 24, 2010 of the Minister of Science and Technology on management of science and technology tasks relating gene storage and Circular No. 18/2014/TT-BKHCN dated June 16, 2014 of the Minister of Science and Technology amending a number of provisions of Circular No. 18/2010/TT-BKHCN.

3. If the documents excerpted in this Circular receive amendments or replacements, the new documents will be applied.

Article 22. Transition clauses

With respect to gene tasks approved by the competent authorities before this Circular comes into force, continue to follow regulations adopted at the time of approval until the end of the tasks.

Article 23. Responsibility for implementation

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

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Science and Technology for consideration or adjustment research./.

 

PP. MINISTER DEPUTY MINISTER Tran Quoc Khanh

 

APPENDIX I

(Issued together with Circular No. 17/2016/TT-BKHCN dated September 01, 2016
of the Minister of Science and Technology)

1. Form 1. Scheme of ministerial and provincial genetic resources preservation range in the 5-year period of 20… - 20....

2. Form 2. The list of ministerial and provincial preserved genetic resources in the 5-year period of 20… - 20....

3. Form 3. Proposed list of national preservation tasks for genetic resources suggested for implementation in the 5-year period of 20… -20...

 

Form 1
17/2016/TT-BKHCN

Ministry of… (Specify the name of the Ministry)

or the People’s Committee of ……………………………………..Province, City

SCHEME OF MINISTERIAL AND PROVINCIAL GENETIC RESOURCES PRESERVATION RANGE IN THE 5-YEAR PERIOD OF 20…-20…

(Issued together with Circular No. :            /      dated ................................ of
the Ministry of…………………../the People's Committee of ......................Province, City)

I. Necessity

II.  Objectives

1. General Objectives:

2. Specific objectives:

III. Contents to deal with

Specify the contents that need to be dealt with, state the necessity;

(together with the detailed statistics table at Form 1 and Form 2)

IV. Estimated results

V. Estimated implementation expenditure (for 5 years):

Total:

In which:           - State funding:

- Other expenditures:

 

HEAD OF AGENCY (Signature, full name and stamp)

 

Form 2
17/2016/TT-BKHCN

Ministry of… (Specify the name of the Ministry)

or the People’s Committee of ……………………………………..Province, City

List of MINISTERIAL AND PROVINCIAL preservved GENETIC RESOURCES
 IN THE 5-YEAR PERIOD OF 20…-20…

No.	Genetic resources names (in order of priority)	Genetic resources characteristics	Preservation objectives	Estimated expenditure (State budget)	Note
1
2
3
….

 

HEAD OF AGENCY (Signature, full name and stamp)

 

Form 3
17/2016/TT-BKHCN

Ministry of… (Specify the name of the Ministry)

or the People’s Committee of ……………………………………..Province, City

Proposed list of national preservation tasks for genetic resources suggested for implementation in the 5-year period of 20…-20…

No.	Task name	Names of organizations expected to preside	Genetic resource subjects and task objectives	Estimated expenditure (State budget)	Implementation duration:	Note
1
2
3
…

 

HEAD OF AGENCY (Signature, full name and stamp)

 

APPENDIX II

(Issued together with Circular No. 17/2016/TT-BKHCN dated September 01, 2016
of the Minister of Science and Technology)

1. Table 1. List of codes of ministries directly managing the program implementation.

2. Table 2. List of codes of provinces and central-affiliated cities.

 

Table 1
17/2016/TT-BKHCN

List of codes of ministries directly managing the program implementation

No.	Code	Agencies, Ministries	No.	Code	Agencies, Ministries
1	B01	Ho Chi Minh Mausoleum Management	7	B07	Ministry of National Defense
2	B02	Ministry of Public Security	8	B08	Ministry of Natural Resources and Environment
3	B03	Ministry of Industry and Trade	9	B09	Ministry of Health
4	B04	Ministry of Education and Training	10	B10	Hanoi National University
5	B05	Ministry of Science and Technology	11	B11	Ho Chi Minh National University
6	B06	Ministry of Agriculture and Rural Development	12	B12	Vietnam Academy of Science and Technology

This list contains 12 units

 

Table 2
17/2016/TT-BKHCN

List of codes of provinces and central-affiliated cities

No.	Code	Provinces and central-affiliated cities	No.	Code	Provinces and central-affiliated cities
1	T01	Hanoi City	33	T32	Quang Tri Province
2	T02	Ho Chi Minh City	34	T33	Thua Thien – Hue Province
3	T03	Hai Phong City	35	T34	Quang Nam Province
4	T04	Da Nang City	36	T35	Quang Ngai Province
5	T05	Can Tho City	37	T36	Kon Tum Province
6	T10	Ha Giang Province	38	T37	Binh Dinh Province
7	T11	Cao Bang Province	39	T38	Gia Lai Province
8	T12	Lai Chau Province	40	T39	Phu Yen Province
9	T67	Dien Bien Province	41	T40	Dak Lak Province
10	T13	Lao Cai Province	42	T68	Dak Nong Province
11	T14	Tuyen Quang Province	43	T41	Khanh Hoa Province
12	T15	Lang Son Province	44	T42	Lam Dong Province
13	T16	Thai Nguyen Province	45	T43	Binh Duong Province
14	T60	Bac Kan Province	46	T65	Binh Phuoc Province
15	T17	Yen Bai Province	47	T44	Ninh Thuan Province
16	T18	Son La Province	48	T45	Tay Ninh Province
17	T19	Phu Tho Province	49	T46	Binh Thuan Province
18	T61	Vinh Phuc Province	50	T47	Dong Nai Province
19	T20	Quang Ninh Province	51	T48	Long An Province
20	T62	Bac Ninh Province	52	T49	Dong Thap Province
21	T21	Bac Giang Province	53	T50	An Giang Province
22	T24	Hoa Binh Province	54	T51	Ba Ria – Vung Tau Province
23	T23	Hai Duong Province	55	T52	Tien Giang Province
24	T63	Hung Yen Province	56	T53	Kien Giang Province
25	T64	Ha Nam Province	57	T55	Ben Tre Province
26	T25	Nam Dinh Province	58	T56	Vinh Long Province
27	T26	Thai Binh Province	59	T57	Tra Vinh Province
28	T27	Thanh Hoa Province	60	T58	Soc Trang Province
29	T28	Ninh Binh Province	61	T54	Hau Giang Province
30	T29	Nghe An Province	62	T66	Bac Lieu Province
31	T30	Ha Tinh Province	63	T59	Ca Mau Province
32	T31	Quang Binh Province

This list contains 63 units