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Second Regular National Report on the Implementation of the Cartagena Protocol on Biosafety
Record information and status
Record ID
102370
Status
Published
Date of creation
2011-09-29 06:59 UTC (hnhan@nea.gov.vn)
Date of publication
2011-09-29 06:59 UTC (hnhan@nea.gov.vn)

Origin of report
Country
  • Viet Nam
Contact officer for report
Coordinates
Ms Nhan Hoang Thi Thanh
Deputy Director
Biodiversity Conservation Agency, Vietnam Environment Administration
99 Le Duan Str., Hoan Kiem
Hanoi
Viet Nam, 084
Phone:84-4-39412033
Fax:84-4-39412028
Email:thanhnhan.bca@gmail.com
Consulted stakeholders
9. Organizations/stakeholders who were consulted or participated in the preparation of this report
Ministry of Agriculture and Rural development; Ministry of Health; Ministry of Industry and Trade; Ministry of Science and Technology; Ministry of Finance (General department of Vietnam customs)
Submission
10. Date of submission
2011-09-29
11. Time period covered by this report
Start date
2008-01-01
Time period covered by this report
End date
2011-09-29
Party to the Cartagena Protocol on Biosafety
12. Is your country a Party to the Cartagena Protocol on Biosafety (CPB)?
  • Yes
Article 2 – General provisions
15. Has your country introduced the necessary legal, administrative and other measures for the implementation of the Protocol?
  • A domestic regulatory framework is partially in place
16. Which specific instruments are in place for the implementation of your national biosafety framework?
  • One or more national biosafety laws
  • One or more national biosafety regulations
  • One or more sets of biosafety guidelines
17. Has your country established a mechanism for the budgetary allocations of funds for the operation of its national biosafety framework?
  • No
18. Does your country have permanent staff to administer functions directly related to the national biosafety framework?
  • Yes
19. If you answered Yes to question 18, how many permanent staff members are in place whose functions are directly related to the national biosafety framework?
  • Less than 5
20. Has your country’s biosafety framework / laws / regulations / guidelines been submitted to the Biosafety Clearing-House (BCH)?
  • Yes
21. Here you may provide further details on the implementation of Article 2 in your country:
In Vietnam, there are several laws and regulations that regulate biosafety of GMOs:
* The Laws:
- The Environment Protection Law 2005: Article 87.
- The Biodiversity Law 2008: Article 65 to 69.
- The law on Food safety 2010.
* The Decree No. 69/2010/NĐ-CP 21/06/2010 of Government on Biosafety of GMOs, Genetic specimen and  Products Derived from GMOs which regulate biosafety management of GMOs from research and development to fieldtrial, environmental release and food and feed use
* The Circulars:
- Circular 69/2009/TT-BNNPTNT - 27/10/2009: Ministry of Agricultural and Rural development promulgate the circular on Risk Assessment of GMO to Biodiversity and environment.
- Circular 72/2009/TT-BNNPTNT - 17/11/2009: Ministry of Agricultural and Rural development promulgate the circular on the "List of permitted GM species for conducting risk assessment for intended using as variety in Vietnam".
These laws and regulations are regularly updated in Vietnam BCH Portal: http://www.antoansinhhoc.vn.
Article 5 – Pharmaceuticals
22. Does your country regulate the transboundary movement, handling and use of living modified organisms (LMOs) which are pharmaceuticals?
  • No
Article 6 – Transit and Contained use
25. Does your country regulate the transit of LMOs?
  • Yes
26. Does your country regulate the contained use of LMOs?
  • Yes
27. If you answered Yes to questions 25 or 26, has this information been submitted to the BCH?
  • Yes
28. Here you may provide further details on the implementation of Article 6 in your country:
* Pursuant to Item 3, Article 42 of Decree 69/2010/ND-CP:
If the genetically modified organisms and products of genetically modified organisms are transited through Vietnam territory, but requires loading/unloading at the port, the owner of goods must submit documents with necessary information as required in Appendix I of this Decree to the Ministry of Natural Resources and Environment for its consideration and approval. The General Department of Customs shall only allow the transit upon receipt of the approval from the Ministry of Natural Resources and Environment.
* So far, there has been no activities of transit of GMOs in Vietnam.
Articles 7 to 10 – Advance Informed Agreement (AIA) and intentional introduction of LMOs into the environment
29. Has your country adopted law(s) / regulations / administrative measures for the operation of the AIA procedure of the Protocol?
  • Yes
30. Has your country adopted a domestic regulatory framework consistent with the Protocol regarding the transboundary movement of LMOs for intentional introduction into the environment?
  • Yes
31. Has your country established a mechanism for taking decisions regarding first intentional transboundary movements of LMOs for intentional introduction into the environment?
  • Yes
32. If you answered Yes to question 31, does the mechanism also apply to cases of intentional introduction of LMOs into the environment that were not subject to transboundary movement?
  • Yes
33. Has your country established a mechanism for monitoring potential effects of LMOs that are released into the environment?
  • Yes
34. Does your country have the capacity to detect and identify LMOs?
  • Yes, to some extent
35. Has your country established legal requirements for exporters under its jurisdiction to notify in writing the competent national authority of the Party of import prior to the intentional transboundary movement of an LMO that falls within the scope of the AIA procedure?
  • No
36. Has your country established legal requirements for the accuracy of information contained in the notification?
  • Yes
37. Has your country ever received an application / notification regarding intentional transboundary movements of LMOs for intentional introduction into the environment?
  • Yes
38. Has your country ever taken a decision on an application / notification regarding intentional transboundary movements of LMOs for intentional introduction into the environment?
  • Yes
39. If you answered Yes to question 38, how many LMOs has your country approved to date for import for intentional introduction into the environment?
  • Less than 5
40. If you answered Yes to question 38, how many LMOs, not imported, has your country approved to date for intentional introduction into the environment?
  • None
41. In the current reporting period, how many applications/notifications has your country received regarding intentional transboundary movements of LMOs for intentional introduction into the environment?
  • Less than 5
42. In the current reporting period, how many decisions has your country taken regarding intentional transboundary movements of LMOs for intentional introduction into the environment?
  • Less than 5
43. With reference to the decisions taken on intentional transboundary movements of LMOs for intentional introduction into the environment, has your country received a notification from the Party(ies) of export or from the exporter(s) prior to the transboundary movement?
  • Yes, always
44. Did the notifications contain complete information (at a minimum the information specified in Annex I of the Cartagena Protocol on Biosafety)?
  • Yes, always
45. Has your country acknowledged receipt of the notifications to the notifier within ninety days of receipt?
  • Yes, always
46. Has your country informed the notifier(s) and the BCH of its decision(s)?
  • Yes, always
47. Has your country informed the notifier(s) and the BCH of its decision(s) in due time (within 270 days or the period specified in your communication to the notifier)?
  • In some cases only
48. What percentage of your country’s decisions fall into the following categories?
  • Approval of the import/use of the LMO(s) with conditions
100%
49. In cases where your country approved an import with conditions or prohibited an import, did it provide reasons on which its decisions were based to the notifier and the BCH?
  • Yes, always
50. Here you may provide further details on the implementation of Articles 7-10 in your country, including measures in case of lack of scientific certainty on potential adverse effects of LMOs for intentional introduction to the environment:
* Decree 69/2010/ND-CP stipulates GMOs for releasing purpose, including growing, cultivation, and release of GMOs into the environment:
- Trials of GMOs (confined trials and large scale trials).
- Releasing into the environment.
* So far in Vietnam, regulations allowing the release of GMOs into the environment have been Permit for a trial of GMOs (confined trials and large scale trials).
* The only Permit for a trial of GMOs are corn of insect resistant, glyphosate (roundup) tolerant, insect resistant and glyphosate (roundup) tolerant with events: GA21, Bt11, NK603, MON89034, TC1507, Bt11xGA21, MON89034xNK603, TC1507xNK603.
Article 11 – Procedure for living modified organisms intended for direct use as food or feed, or for processing (LMOs-FFP)
51. Has your country adopted specific law(s) or regulation(s) for decision-making regarding domestic use, including placing on the market, of LMOs-FFP?
  • Yes
52. Has your country established legal requirements for the accuracy of information to be provided by the applicant?
  • Yes
53. Has your country established a mechanism to ensure that decisions regarding LMOs-FFP that may be subject to transboundary movement will be communicated to the Parties through the BCH?
  • Yes
54. Has your country established a mechanism for taking decisions on the import of LMOs-FFP?
  • Yes
55. Has your country declared through the BCH that in the absence of a regulatory framework its decisions prior to the first import of an LMO-FFP will be taken according to Article 11.6 of the Cartagena Protocol on Biosafety?
  • No
56. Has your country indicated its needs for financial and technical assistance and capacity building in respect of LMOs-FFP?
  • Yes
57. Has your country ever taken a decision on LMOs-FFP (either on import or domestic use)?
  • Yes
58. How many LMOs-FFP has your country approved to date?
  • Less than 5
59. In the current reporting period, how many decisions has your country taken regarding the import of LMOs-FFP?
  • None
60. In the current reporting period, how many decisions has your country taken regarding domestic use, including placing on the market, of LMOs-FFP?
  • None
63. Here you may provide further details on the implementation of Article 11 in your country, including measures in case of lack of scientific certainty on potential adverse effects of LMOs-FFP:
* Till now, Vietnam has approved 02 events of genetically modified corn to temporarily use as feed which include MON89034, NK603, GA21 and Bt11. The permits are only for several tons of GM maize harvested from large-scale field trial.
* The Ministry of Agriculture and Rural Development grants, withdraws a certificate of GMOs that satisfy conditions to be used as food or feed:
1. An organization/individual that request for issuance of a certificate of GMOs that satisfy conditions to be used as food or feed shall have to submit three (03) sets of documents to the Ministry of Agriculture and Rural Development. The application includes:
a) Application request for issuance of a certificate of GMOs that satisfy conditions to be used as food or feed;
b) Risk assessment report of GMOs for the human health or the animal which regulated in Appendix V or VI of this Decree;
c) GMOs regulated in the Item 2, Article 27 or Point b, Item 1, Article 32 of this Decree must provide documents to prove GMOs has been used as food or feed in 5 developed countries.
2. Within 07 working days upon receipt of application, the Ministry of Agriculture and Rural Development shall inform the applicant whether the application is valid or need to be completed, supplemented in accordance with regulations; the time to complete or supplement the application shall not be counted into the time for application examination.
3. Within 180 days upon the date of receipt of a valid application, the Ministry of Agriculture and Rural Development shall establish a Committee for food safety of GMOs or a Committee for food or feed safety of GMOs to examine the application for granting a certificate of GMOs that satisfy conditions to be used as food or feed. GMOs regulated in the Item 2, Article 27 or the Point b, Item 1, Article 32 of this Decree, the maximum time to consider to issue or withdraw a Certificate of GMOs that satisfy conditions to be used as food or feed is 60 days.
4. Upon receipt of valid documents, the Ministry of Agriculture and Rural Development shall publish information of the risk assessment report for human health or animal on its website for public comments. The period of public comments is 30 days from the date of  information uploading.
5. Within 30 days upon having the examination results, the Ministry of Agriculture and Rural Development shall consider issue a Certificate of GMOs that satisfy conditions to be used as food or feed. In case of refusal to grant a Certificate of GMOs that satisfy conditions to be used as food or feed, the Ministry of Agriculture and Rural Development shall inform and explain the refusal reasons to the applicant.
Article 12 – Review of decision
64. Has your country established a mechanism for the review and change of a decision regarding an intentional transboundary movement of LMOs?
  • Yes
65. Has your country ever received a request for a review of a decision?
  • No
66. Has your country ever reviewed / changed a decision regarding an intentional transboundary movement of LMOs?
  • No
67. In the current reporting period, how many decisions were reviewed and/or changed regarding an intentional transboundary movement of an LMO?
  • None
71. Here you may provide further details on the implementation of Article 12 in your country:
Pursuant to Decree 69/2010/ND-CP:
1. Ministry of Natural Resources and Environment shall be considered to be withdrawn the Certificate of biosafety in the following cases:
a) Have new science based evidence of the potential risk caused by the genetically modified organism which is already issued the Certificate of biosafety.
b) Organizations, individuals intentionally provide false information that was used as basis for the decision of issuance of a Certificate of biosafety;
c) Have an evidence to prove the conclusion of Biosafety Committee for is lack of scientific base.
2. Ministry of Agriculture and Rural Development shall be considered to be withdrawn the Certificate of GMOs which fulfill the conditions to be used as food or feed in the following cases:
a) Have new science based evidence of the potential risk by the genetically modified organism which is already issued the Certificate of GMOs which fulfill the conditions to be used as food or feed.
b) Organizations, individuals intentionally provide false information that was used as basis for the decision of issuance of a Certificate of GMOs which fulfills the conditions to be used as food or feed;
c) Have an evidence to prove the conclusion of the Committee for food safety of GMOs or the Committee for animal feed safety of GMOs is lack of scientific base.
* The Ministry of Agriculture and Rural Development shall consider to withdraw the Certificate of Trial agency of GMOs and a Permit for trial of GMOs.
3. The Ministry of Science and Technology shall consider and withdraw the certificate of laboratory for science research of GMOs.
Article 13 – Simplified procedure
72. Has your country established a system for the application of the simplified procedure regarding an intentional transboundary movement of LMOs?
  • Yes
73. Has your country ever applied the simplified procedure?
  • No
75. In the current reporting period, how many LMOs has your country applied the simplified procedure to?
  • None
76. Here you may provide further details on the implementation of Article 13 in your country:
Pursuant to Decree 69/2010/ND-CP:
* Article 37. Conditions of production and trading GMOs for the purpose of releasing into environment
An organization, individual that produces, trades GMOs for releasing purpose, including growing, cultivation, and release of GMOs into the environment shall have to satisfy following conditions:
1. GMO has been already issued BioSafety Certificate or named in the List of GMOs that have already been granted Biosafety Certificate, except the case stipulated in Article 24 of this Decree.
2. Comply with all current regulations on production and trading.
* Article 38. Conditions to produce and trade GMOs, GMO products for the purpose of using as food
An organization, individual that produces, trades GMOs, products of GMOs for the purpose of using as food shall have to satisfy the following conditions:
1. GMO which is already issued Certificate of fulfill conditions for use as food, or in the list of GMO that already granted a certificate for using as food; products of GMO which is already issued Certificate of fulfill conditions for use as food, or in the list of GMOs that already granted a certificate for using as food, except the case stipulated in Article 29 of this Decree.
2. Comply with all current regulations on Food trading and production
* Article 39. Conditions to produce and trade GMOs for the purpose of using as animal feed
An organizations, individual that produces, trades GMOs, products of GMOs for the purpose of using as animal feed need to meet following conditions:
1. GMO which is already issued Certificate of fulfill conditions for use as aniaml feed, or in the list of GMOs that already granted a certificate for using as animal feed; products of GMO which is already issued Certificate of fulfill conditions for use as animal feed, or in the list of GMOs that already granted a certificate for using as animal feed, except the case stipulated in Article 34 of this Decree.
2. Comply with all current regulations on Animal feed trading and production
Article 14 – Bilateral, regional and multilateral agreements and arrangements
77. Has your country entered into any bilateral, regional or multilateral agreements or arrangements?
  • Yes
78. If you answered Yes to question 77, has your country informed the Parties through the BCH of the agreements or arrangements?
  • Not applicable
79. If you answered Yes to question 77, please provide a brief description of the scope and objective of the agreements or arrangements entered into:
Viet Nam became the World Trade Organization's (WTO) 150th member on 11 January 2007. The WTO is the international organization whose primary purpose is to open trade for the benefit of all.
80. Here you may provide further details on the implementation of Article 14 in your country:
In implementation of the WTO, Vietnam has been established the focal point, including: Office of Vietnam Technical Barriers to Trade Notification Authority and Enquiry Point (TBT Vietnam) and Office of Vietnam Sanitary and Phytosaniary Notification Authority and Enquiry Point (Vietnam SPS). Details of these two offices are found on the websites:
- http://www.tbtvn.org/EnglishTBT/default.aspx
- http://www.spsvietnam.gov.vn/EnglishSPS/default.aspx
Article 15 – Risk assessment
81. Has your country established a mechanism for conducting risk assessments prior to taking decisions regarding LMOs?
  • Yes
82. If you answered Yes to question 81, does this mechanism include procedures for identifying experts to conduct the risk assessments?
  • Yes
83. Has your country established guidelines for how to conduct risk assessments prior to taking decisions regarding LMOs?
  • No
84. Has your country acquired the necessary domestic capacity to conduct risk assessment?
  • No
85. Has your country established a mechanism for training national experts to conduct risk assessments?
  • No
86. Has your country ever conducted a risk assessment of an LMO for intentional introduction into the environment?
  • Yes
87. Has your country ever conducted a risk assessment of an LMO intended for direct use as food or feed, or for processing?
  • No
88. If your country has taken decision(s) on LMOs for intentional introduction into the environment or on domestic use of LMOs-FFP, were risk assessments conducted for all decisions taken?
  • Yes, always
89. Has your country submitted summary reports of the risk assessments to the BCH?
  • No
90. In the current reporting period, if your country has taken decisions regarding LMOs, how many risk assessments were conducted in the context of these decisions?
  • Less than 5
91. Has your country ever required the exporter to conduct the risk assessment(s)?
  • Yes, always
92. Has your country ever required the notifier to bear the cost of the risk assessment(s) of LMOs?
  • Yes, always
93. Here you may provide further details on the implementation of Article 15 in your country:
* At the moment, Vietnam is conducting field trial at small and large scale for genetically modified corn including events of Bt11, GA21, MON89034, NK603 and TC1507
* Pursuant to Decree 69/2010/ND-CP:
Article 5. Principle of risk assessment of GMOs to the environment, biodiversity and human health.
1. The risk assessment of GMO shall have to be scientific, transparent and carried out according to national and international methodologies and accepted by the competent authorities.
2. The risk assessment of GMO shall be carried out on case-by-case basis subject to genetically modified organism, use purposes, and the receiving environment.
3. The risks relating to GMOs shall be assessed through the comparision between a GMO and a host organism at the same conditions.
Article 6. Contents of risk assessment of GMOs to the environment, biodiversity and human, animal health
1. To identify the potential hazards and level of risk that may occur to the environment, biodiversity, and human, animal health
2. To propose safety mesures to prevent, treat and remedy risks to environment, biodiversity and human, animal health.
Article 7. Report on risk assessment of GMOs to the environment, biodiversity and human health
1. The information on risk assessment shall be indicated in a Report on Risk Assessment of GMO to the environment, biodiversity and human, animal health.
2. The Report on risk assessment of GMOs to the environment, biodiversity and human health shall be prepared according to the forms provided in Appendix IV, Appendix V, and Appendix VI of this Decree.
3. The Report on risk assessmnet of GMOs to the environment, biodiversity and human health shall be appraised by the competent authorities.
4. The Report on risk assessment shall be basis for consideration to issue a biosafety certificate; and a document to verify that a GMO satisfies the requirements to be used as food, feed.
CHAPTER IV:
- GMOs that are being released, including cultivation, growing, and releasing into the environment must go through trials.
- Trials of GMOs must carry out step by step, from confined trials to large scale trials; Trials locations must far away from natural conservation and densely populated areas as regulated.
- Confined trials shall have to be carried out under regulated isolating conditions as regulated. Large scale trials are carried out in different ecological areas, no require of isolation but must have appropriated managing and monitoring measures.
- Trials of GMOs are a process of monitoring and assessment the impacts of GMOs to the environment and biodiversity in the context of Vietnam.
- When uncontrollable risks to the environment, biodiversity and human, animal health that causes by the regulated GMO, is confirmed; the trial conductor must terminate the trial of GMO, apply emergency measures to treat the risk, and dispose the GMO.
* Pursuant to Circular 69/2009/TT_BNNPTNT:
Article 4. General Requirement of Risk Assessment
1. The GMC submitted to conduct risk assessment must be in the "List of permitted GM species for conducting risk assessment for intended using as variety in Vietnam" promulgated by Minister of MARD
2. All GMCs must be conducted Risk Assessment before releasing to environment
3. MARD grant permission letter for GMC based on conclusion of Biosafety Council
4. MARD recognizes Trial Agency who has adequate equipments and conditions meet the requirements for risk assessment. Risk Assessment trial must be conducted by MARD-nominated agency.
Article 5.   Principles of Risk Assessment
1. Risk assessment will be conducted through 2 steps separately: confined step and large scale step when confined step is evaluated to be satisfy with the requirements
2. Risk Assessment process will be terminated immediately if there are uncontrollable risks occur in any step of Risk Assessment process.
Article 6.  Trial method
1. Confined trial includes experiments implemented under physical isolation area and confined field that follow requirements to control GMC and can manage the risks of GMC to biodiversity and environment. Confined trials have to execute at least 2 consecutive seasons for seasonal crops and whole life cycle for industrial/annual crops.
2. Large scale trials are field trials conducted at locations; no need isolation with purpose to evaluate the agro-benefits of GMC and the effect of GMC to pest diversity at difference eco-systems. Large scale trial must be executed at least one season with seasonal crops and one life-cycle for annual crops
Article 7.  Trial agency
Organizations have conditions meet the requirement for trial as below will register with MARD to be nominated as Trial agency
1. Condition to be nominated
a) Have adequate facilities, equipments, technical procedures and skilled manpower for risk assessment of specific crops
b) Have sufficient method to monitor and manage the risk during the trial process 
c) Have Green house, screen house and appropriate field for confined trial as the requirement in Article 10, 11 chapter II  of this circular
2. Procedure to nominate a trial agency
a) Submit documents: applicant submits dossiers to Department of Science & Technology (DST) include:
- Registration form as in appendix 1.1
- Ability, facility and equipment as in appendix 1.2
- Certificated of ability and equipment of applicant
- Xerox of decision show the applicant's functions, missions
b) Department of Science & Technology evaluates the documents, condition of applicant and submit to Minister of MARD for approval
Article 8.  Registration for risk assessment
1. Condition to register for risk assessment
a) For domestic products
Domestic GMCs must come from results of domestic research and recognized by government
b) For import products
Import GMC has been allowed to use as GMC in export country. Have been assessed hazards and has a sufficient risk management method for this GMC in that country.
2. Registration Documents
a)  Register form as in appendix 2.1 
b)  Certificated product or research results of
- Import Products: Certificated of using as plant variety or similar certification from original destination;
- Domestic product: Certificate of Science and technology board from Ministry level or higher. 
c) Risk report as appendix 2.2
d) Biosafety certificate or other similar certificate; experimental records and biosafety management documents at origin country.
3.  Document submission and confirmation  
a) Applicant submit all documents as in term 2, article 8 chapter II of this circular to Department of Science and Technology (DST) of MARD 
b) Within 5 working day from submitted day, DST-MARD confirms and notices to Applicant that the sufficient document is accepted
c) In case of insufficient document , DST will request applicant supply additional information. Time for waiting to add information from applicant will not be considered as confirmation receiving time.
Article 9.  Procedure to grant permission letter risk assessment and approval for risk assessment result
1. Permission letter for confined trial
a) Base on submitted dossiers, DST will consult Minister of MARD to nominate trial agency Risk Assessment trial
b) Trial agency coordinates with applicant to setup plan for confined trial as in appendix 3 as well as plan for risk monitor and management during period of conducting RA trial
c) DST transfers submitted dossiers, confined trial plan and other related documents to biosafety council in order to evaluate for  permission letter
d) DST will summarize the results of biosafety council as well as evaluation results of the documents and submit to Minister of MARD to grant the permission letter for confined trial of GMC. In case of not meet the requirement for confined trial MARD will official reply to applicant and give explanation to applicant
e) Time to evaluate documents and grant permission letter for confined trial is 60 days. Applicant and trial agency are responsible for submit additional information if required. Time to submit additional information is not count in period of submission time
2. Permission letter for large scale trial
a) Trial agency submits the report on result of confined trial as in form at appendix 4 to DST, suggest plan for large scale trial and request MARD grant permission letter for large scale trial.
b) Biosafety Council will organize meeting to evaluate the result of confined trial if this meet the requirement for large scale trial and consult to MARD for grant permission letter for large scale trial
c) Based on conclusion of biosafety council, DST submits results to Minister of MARD to grant permission letter for large trial scale.
d) Number of days to evaluate and issue permission letter is 45 days. Applicant and trial agency are required to submit additional information if need and the waiting time will not count for time of granting permission letter.
e) MARD will inform to MONRE, people's committee of provinces and municipals where the large scale trial of GMCs are being conducted.
3. Recognizing the trial result
a) After finishing the large scale trial, trial agency reports large scale trial results as in form at appendix 5 and recorded sheets as in appendix 6 (from 6.1 to 6.7) of this circular to DST.
b) DST assembles the result of Risk Assessment, supervision recorded sheets from supervisory organization and other related document in order send to biosafety council.
c) Biosafety Council will evaluate the results and give advisory to Minister of MARD if this result is meet requirements according to this circular or not.
d) Based on conclusion of biosafety council, DST will submit to Minister of MARD to get approval for this result or in case of disapproval MARD will officially inform to applicant with explanation.        
e) MARD informs to MONRE, people's committee of provinces, municipal the result of large scale trial of GMC in related provinces
Article 10. Greenhouse and screen house requirement for confined trial
Greenhouse and screen house using for confined trial of GMC must be designed and built to protect of unintended enter from outside and dissemination of plant and their materials of post-harvest to environment
Article 11. Requirement for field to conduct RA trial
1. Not subject to flood, suitable for grow & development of GMC
2. Ensure reproductive isolation condition for confined trial as article 20, chapter III of this circular
3. Sufficient condition for management, supervision in period of conducting Risk Assessment and post-harvest
4. Comply with biodiversity regulation and other government regulations
5. Field area for trial will depend on each trial but not excess 300 sqm per confined trial and total large scale trial do not excess 2ha/season for agricultural crops.
6. Confined trial field must have a fence to protect the unintended invasion of human and animal.
Article 12. Risk assessment contents
1. Data to be collected for Risk Assessment will depend on characteristics of GMC and based on result analysis of risk to biodiversity and environment from previous results. Risk Assessment contents must be approved by MARD and meet the requirements as below
a) Risk to become weeds and invade natural environment
b) Risk to become pests.
c) Risk to negative effect on non-target organisms;
d) Risk to change the practice management which effect negative to environment
e) Risk to change biologic and chemical process in soil and other adverse effect  to none-target
2. Base on risk assessment contents, trial agency will implement confined trial or large scale trial with ensuring the scientific and make sure it is suitable to ecosystem conditions for GMCs to grow and objects need conduct RA trial.
Article 13. Supervision Trial
1. Based on GMC to be conducted Risk Assessment, location, plan to risk supervising, risk monitoring of applicant, DST will suggest MARD to nominate mission of risk monitoring to suppervison organization. Suppervision organization has responsibility to implement their missions as defined by Article 22 of this circular.
2. Supervision organization has responsibility to supervise risk in process of conducting RA trial approved by MARD and report to MARD when the plan changes and only continue to conduct RA trial if have permission document from MARD
3. Provincial, municipal people's committee have authority to inspect, supervise the conducting large scale trial in their area and report to MARD the violation or risk that may be uncontrollable 
Article 14. Information request
1. Applicant and trial agency is responsible to submit to MARD all information on risk level and risk monitoring method of GMC to biosafety and environment
2. Green, screen house, trial field must have sign board with clear target, time of trial and ID of permission letter for RA trial
3. 10 m ahead of trial area must have board with message "GMC trial area, do not enter without permission".
Article 16 – Risk management
94. Has your country established and maintained appropriate and operational mechanisms, measures and strategies to regulate, manage and control risks identified in risk assessments for:
94.1) LMOs for intentional introduction into the environment?
  • Yes, to some extent
94.2) LMOs intended for direct use as food or feed, or for processing?
  • Yes, to some extent
95. Has your country established and maintained appropriate measures to prevent unintentional transboundary movements of LMOs?
  • Yes
96. Has your country taken measures to ensure that any LMO, whether imported or locally developed, undergoes an appropriate period of observation that is commensurate with its life-cycle or generation time before it is put to its intended use?
  • Yes
97. Has your country cooperated with other Parties with a view to identifying LMOs or specific traits that may have adverse effects on the conservation and sustainable use of biological diversity?
  • No
98. Has your country cooperated with other Parties with a view to taking measures regarding the treatment of LMOs or specific traits that may have adverse effects on the conservation and sustainable use of biological diversity?
  • No
99. Here you may provide further details on the implementation of Article 16 in your country, including any details regarding risk management strategies, also in case of lack of scientific certainty on potential adverse effects of LMOs:
* Pursuant to Decree 69/2010/ND-CP:
Article 8. Responsibilities for risk management of genetically modified organisms to the environment, biodiversity and human, animal health
1. Organization, individual who engages in scientific research, technological development; trial; production; import; export; storage; transportation of genetially modified organisms must apply measures of risk management to ensure biosafety as stipulated by law.
2. In case of risk occurrence, an organization/individual shall have to promptly carry out measures to reduce risks, and timely report to the Peoples' Committee of the province where the risk occurs.
3. Any organisation, individual who does comply with the risk management measures shall be subject to administrative sanctions, criminal liabilities, or damage compensation according to the law.
4. Ministries in charge of related sectors, provincial Peoples' Committees have responsibilities to direct and organize the implementation of the risk management, and to report to the Ministry of National Resources and Environment when a risk occurrs.     
Article 9. Inspection, examination of the implementation of risk management of genetically modified organism.
1. Ministries in charge of related sectors, provincial Peoples' Committees periodly or unscheduledly inspect the implementation of biosafety management of genetically modified organism, genetic specimen and products originating from GMO within their jurisdiction; timely deal with the violation in accordance with the law.
2. The Ministry of Natural Resources and Environment organize the examination, inter-ministerial inspection, unschedul inspection/examination on implementation of biosafety management of genetically modified organism, genetic specimen and products originating from GMO.
* Pursuant to Circular 69/2009/TT-BNNPTNT:
Article 15. General Requirement
1. All activities of importation, trial conduction of GMCs (if have) must strictly follow the method of prevention, treatment and overcome risk potential
2. Applicant and trial agency is responsible to apply appropriate method to prevent, detect risk potential to overcome risk effect. Incase of risk occur in the them activities, they must report promptly to MARD
3. If any risk of GMC which are conduction risk assessment appears in other countries, applicant must immediately report to trial agency and supervision organizations. Related Organizations, individuals and other agencies must apply immediately appropriate method to control risks and report to the Ministry of Agriculture and Rural Development.
4. Details forms related to risk management for GMC and their materials in the process of trial are in Appendix 6 of this Circular. 
Article 16. Shipping GMC and their materials
1. GMC and their reproduction material imported for the conducting trial must be quarantined according to quarantine regulation and ensure meet the requirements listed in Article 7, 8, 9, 10, 12, 13 and 18 of the Cartagena Protocol on biosafety
2. GMC and their reproduction material must be packaged separately from other plant materials during the transportation process and to make sure not intended release to environment. Packaging must be labeled clearly.
3. In case of losses occurred during transportation, applicant and trial agency have to recollect all losses materials and destroy all with appropriate method, mark the site where the material lost for supervising, monitoring and treatment to ensure that lost material have been completely destroyed, and report to the Ministry of Agriculture and Rural Development.
4. Organization completes the form of transportation monitoring as in Appendix 6.1 of this Circular.
Article 17. Storage, preservation GMC and their reproduction materials
1. GMC and their reproduction material must be kept in storage conditions to avoid invasion from the outside or released unintended GMC and their materials to environment.
2. Area for storage, preservation of GMC and their reproduction materials must be labeled clearly.
3. Organizations and individuals assigned to store and preserve GMC and their reproduction material are responsible for inspection, inventory periodically the storage process. Results of these activities must be kept in documents of storage, preservation of GMC and their reproduction material.
4. In case of losing GMC and materials, organizations and individuals are responsible for recollect losing material as much as possible and destroyed it by appropriate method, mark the site location where it lost and report to Ministry of Agriculture and Rural Development.
Article 18. Harvesting trial
1. Organization is responsible for harvesting all GMC, harvested materials; include border rows and destroy by suitable methods except keep it for subsequent research. Harvested material of GMC in trial does not allow using as food and feed.
2.GMCs used for other subsequence research process have to follow the requirement in Article 15, Article 16, Article 17, Chapter III of this Circular for transportation, storage, preservation condition
3. Organization applies the appropriate method to clean all equipment used for harvesting the trial to ensure none of GMC and their harvested materials can escape to outside of trial area as well as other plant materials into this area. Harvested material from GMC during cleaning must destroy by appropriate method
4. The destruction of GMC, harvested material of GMC or material obtained in the process of cleaning must be done in the resitrct trial's area.
5. Trial agency completes recording form as in Appendix 6.3 of this Circular.
Article 19.  Post-harvest management
1. After harvesting Risk Assessment trial, trial agency suppervises the field to control unintended growing of GMCs. Time to supervise the field lasted at least 3 months after harvesting time and depend on agronomic characteristics of GMC as well as seed dormancy. Incase of field trial is used for other GMCs trialing monitoring harvest will be counted from the end of the assay followed.
2.  Trial agency has to ensure that no species or species with the similar reproductive system with genetically modified plant varieties are cultivated in the time suppervising field after harvest
3. Trial agency must complete post-harvest form as in appendix 6.4 of this circular.
Article 20. Reproductive isolation in confined risk assessment field
Trial field must isolate with another plant species or species with the similar reproductive system with genetically modified plant varieties in the vicinity. Isolation must be maintained during the trial. Reproductive isolation method recommended in the plan in accordance with the plant varieties as one of the following
- Spatial Isolation: risk assessment field must be isolated with same species or species with similar reproductive system. Isolation distance depends on reproductive characteristics of species and has been suggested in trial plan. Trial agency will examine and destroy same species or species with similar reproductive system within isolation area by appropriate method and record in spatial isolation form as appendix 6.5 of this circular
- Temporal Isolation: Plant varieties genetically modified was isolated by plating sooner or later than the same plant species or species with similar reproductive system nearby to make sure the flowering, pollination of GMCs do not coincide with the flowering period, pollination of plants with species or species with similar reproductive system.
Trial agencies are responsible to check and terminate the same plant species or species with the similar reproductive system of plant varieties if this does not meet the requirement of isolation with appropriate and complete the form as in Annex 6.6 of this Circular.
Article 17 – Unintentional transboundary movements and emergency measures
100. Has your country made available to the BCH the relevant details setting out its point of contact for the purposes of receiving notifications under Article 17?
  • Yes
101. Has your country established a mechanism for addressing emergency measures in case of unintentional transboundary movements of LMOs that are likely to have significant adverse effect on biological diversity?
  • No
102. Has your country implemented emergency measures in response to information about releases that led, or may have led, to unintentional transboundary movements of LMOs?
  • No
103. In the current reporting period, how many times has your country received information concerning occurrences that led, or may have led, to unintentional transboundary movement(s) of one or more LMOs to or from territories under its jurisdiction?
  • Never
107. Here you may provide further details on the implementation of Article 17 in your country:
* Pursuant to The Item 2, Article 42 of Decree 69/2010/ND-CP:
Storage, packaging, and transportation of GMO which doesn't meet conditions as in Item 1 of this Article shall have to apply measures to ensure environmental safety and no incident release during transportation and must provide information requested in Appendix 1 of this Decree.
In case incident occurrence, organization, individual who is in charge of storage, packaging, and transportation shall be responsible for gathering and destroying by appropriated measures; mark the location where incident occurred and inform the Ministry of Natural Resource and Environment, Peoples' Committee of the province where the incident occurred, and the relevant ministries to ding out remedies.
Article 18 – Handling, transport, packaging and identification
108. Has your country taken measures to require that LMOs that are subject to transboundary movement are handled, packaged and transported under conditions of safety, taking into account relevant international rules and standards?
  • Yes
109. Has your country taken measures to require that documentation accompanying LMOs-FFP clearly identifies that, in cases where the identity of the LMOs is not known through means such as identity preservation systems, they may contain living modified organisms and are not intended for intentional introduction into the environment, as well as a contact point for further information?
  • Yes
110. Has your country taken measures to require that documentation accompanying LMOs-FFP clearly identifies that, in cases where the identity of the LMOs is known through means such as identity preservation systems, they contain living modified organisms and are not intended for intentional introduction into the environment, as well as a contact point for further information?
  • Yes
111. Has your country taken measures to require that documentation accompanying LMOs that are destined for contained use clearly identifies them as living modified organisms and specifies any requirements for the safe handling, storage, transport and use, the contact point for further information, including the name and address of the individual and institution to whom the LMO are consigned?
  • Yes
112. Has your country taken measures to require that documentation accompanying LMOs that are intended for intentional introduction into the environment of the Party of import, clearly identifies them as living modified organisms; specifies the identity and relevant traits and/or characteristics, any requirements for the safe handling, storage, transport and use, the contact point for further information and, as appropriate, the name and address of the importer and exporter; and contains a declaration that the movement is in conformity with the requirements of this Protocol applicable to the exporter?
  • Yes
113. Does your country have the capacity to enforce the requirements of identification and documentation of LMOs?
  • Yes, to some extent
114. Has your country established procedures for the sampling and detection of LMOs?
  • No
115. Here you may provide further details on the implementation of Article 18 in your country:
* Pursuant to Article 40 and Article 42 of Decree 69/2010/ND-CP:
Article 40. Import genetically modified organisms, products of genetically modified organisms.
1. Genetically modified organisms, products of genetically modified organisms that are imported into Vietnam for research purpose shall have to belong a research project, technology development which has been approved (via a written permit) and allowed to be imported by the competent authority.
2. Genetically modified organisms that are imported into Vietnam for trial conduction shall have to be granted a Trial permit of genetically modified organisms.
3. Genetically modified organisms that are imported into Vietnam for releasing into environment shall have to be granted a Biosafety certificate or in the list of genetically modified organisms that already granted a Biosafety certificate.
4. Genetically modified organisms that are imported into Vietnam for using as food, animal feed, or processing to food, animal feed shall have to satisfy conditions stipulated in Article 38 and 39 of this Decree.
5. Process of importing GMOs, products of GMOs shall have to comply with all current regulations.
Article 42. Storage, packaging, and transportation of genetically modified organisms that haven't been granted a Safety Certificate
1. Storage, transportation of GMOs which is granted Biosafety Certificate, Certificate of GMOs satisfying conditions to be used as food, Certificate of GMOs which fulfills the conditions to be used as animal feed, and products of that GMOs shall comply with all current regulations.
2. Storage, packaging, and transportation of GMO which doesn't meet conditions as in Item 1 of this Article shall have to apply measures to ensure environmental safety and no incident release during transportation and must provide information requested in Appendix 1 of this Decree.
In case incident occurrence, organization, individual who is in charge of storage, packaging, and transportation shall be responsible for gathering and destroying by appropriated measures; mark the location where incident occurred and inform the Ministry of Natural Resource and Environment, Peoples' Committee of the province where the incident occurred, and the relevant ministries to ding out remedies.
3. If the genetically modified organisms and products of genetically modified organisms are transited through Vietnam territory, but requires loading/unloading at the port, the owner of goods must submit documents with necessary information as required in Appendix I of this Decree to the Ministry of Natural Resources and Environment for its consideration and approval. The General Department of Customs shall only allow the transit upon receipt of the approval from the Ministry of Natural Resources and Environment.
4. The Ministry of Natural Resources and Environment shall provide detail regulation on packaging, transportation of genetically modified organisms and products of genetically modified organisms which do not satisfy conditions listed in Item 1 of this Article.
Article 19 – Competent National Authorities and National Focal Points
116. Has your country designated one national focal point for the Cartagena Protocol to be responsible for liaison with the Secretariat?
  • Yes
117. Has your country designated one national focal point for the Biosafety Clearing-House to liaise with the Secretariat regarding issues of relevance to the development and implementation of the BCH?
  • Yes
118. Has your country designated one or more competent national authorities, which are responsible for performing the administrative functions required by the Cartagena Protocol on Biosafety and are authorized to act on your country’s behalf with respect to those functions?
  • Yes, more than one
119. In case your country designated more than one competent national authority, has your country conveyed to the Secretariat the respective responsibilities of those authorities?
  • Yes
120. Has your country made available the required information referred in questions 116-119 to the BCH?
  • Yes, all information
121. In case your country has designated more than one competent national authority, has your country established a mechanism for the coordination of their actions prior to taking decisions regarding LMOs?
  • Yes
122. Has your country established adequate institutional capacity to enable the competent national authority(ies) to perform the administrative functions required by the Cartagena Protocol on Biosafety?
  • Yes
123. Here you may provide further details on the implementation of Article 19 in your country:
* National focal point:
Ministry of Natural Resources and Environment.
* National authority:
Ministry of Agriculture and Rural development;
Ministry of Health;
Ministry of Industry and Trade;
Ministry of Science and Technology.
Article 20 – Information Sharing and the Biosafety Clearing-House (BCH)
124. Please provide an overview of the status of the information provided by your country to the BCH by specifying for each category of information whether it is available and whether it has been submitted to the BCH.
124.a) Existing national legislation, regulations and guidelines for implementing the Protocol, as well as information required by Parties for the advance informed agreement procedure (Article 20, paragraph 3 (a))
  • Information available and in the BCH
124.b) National laws, regulations and guidelines applicable to the import of LMOs intended for direct use as food or feed, or for processing (Article 11, paragraph 5)
  • Information available and in the BCH
124.c) Bilateral, multilateral and regional agreements and arrangements (Articles 14, paragraph 2 and 20, paragraph 3 (b))
  • Information not available
124.d) Contact details for competent national authorities (Article 19, paragraphs 2 and 3), national focal points (Article 19, paragraphs 1 and 3), and emergency contacts (Article 17, paragraph 3 (e))
  • Information available and in the BCH
124.e) Reports submitted by the Parties on the operation of the Protocol (Article 20, paragraph 3 (e))
  • Information available and in the BCH
124.f) Decisions by a Party on regulating the transit of specific living modified organisms (LMOs) (Article 6, paragraph 1)
  • Information not available
124.g) Occurrence of unintentional transboundary movements that are likely to have significant adverse effects on biological diversity (Article 17, paragraph 1)
  • Information not available
124.h) Illegal transboundary movements of LMOs (Article 25, paragraph 3)
  • Information not available
124.i) Final decisions regarding the importation or release of LMOs (i.e. approval or prohibition, any conditions, requests for further information, extensions granted, reasons for decision) (Articles 10, paragraph 3 and 20, paragraph 3(d))
  • Information available and in the BCH
124.j) Information on the application of domestic regulations to specific imports of LMOs (Article 14, paragraph 4)
  • Information available and in the BCH
124.k) Final decisions regarding the domestic use of LMOs that may be subject to transboundary movement for direct use as food or feed, or for processing (Article 11, paragraph 1)
  • Information not available
124.l) Final decisions regarding the import of LMOs intended for direct use as food or feed, or for processing that are taken under domestic regulatory frameworks (Article 11, paragraph 4) or in accordance with annex III (Article 11, paragraph 6) (requirement of Article 20, paragraph 3(d))
  • Information not available
124.m) Declarations regarding the framework to be used for LMOs intended for direct use as food or feed, or for processing (Article 11, paragraph 6)
  • Information available and in the BCH
124.n) Review and change of decisions regarding intentional transboundary movements of LMOs (Article 12, paragraph 1)
  • Information not available
124.o) LMOs granted exemption status by each Party (Article 13, paragraph 1)
  • Information not available
124.p) Cases where intentional transboundary movement may take place at the same time as the movement is notified to the Party of import (Article 13, paragraph 1)
  • Information not available
124.q) Summaries of risk assessments or environmental reviews of LMOs generated by regulatory processes and relevant information regarding products thereof (Article 20, paragraph 3 (c))
  • Information available but not in the BCH
125. Has your country established a mechanism for strengthening the capacity of the BCH National Focal Point to perform its administrative functions?
  • Yes
126. Has your country established a mechanism for the coordination among the BCH National Focal Point, the Cartagena Protocol focal point, and the competent national authority(ies) for making information available to the BCH?
  • Yes
127. Does your country use the information available in the BCH in its decision making processes on LMOs?
  • No
128. Has your country experienced difficulties accessing or using the BCH?
  • No
130. Is the information submitted by your country to the BCH complete and up-to date?
  • Yes
131. Here you may provide further details on the implementation of Article 20 in your country:
- In order to share biosafety information in general, and implement the above mentioned obligation under the Protocol and fulfill the tasks designated by the Government, a national Biosafety Clearing House (nBCH) is established by the Ministry of Natural Resources and Environment.
- Viet Nam BCH Portal: http://www.antoansinhhoc.vn.
- Uploading and interacting with International BCH Central Portal.
Article 21 – Confidential information
132. Has your country established procedures to protect confidential information received under the Protocol?
  • Yes
133. Does your country allow the notifier to identify information that is to be treated as confidential?
  • Yes, always
134. Here you may provide further details on the implementation of Article 21 in your country:
* Pursuant to Article 44 of Decree 69/2010/ND-CP:
Article 44. Confidential information of genetically modified organisms
1. Organizations/individuals carry out activities relating to genetically modified organisms reserve the right to request the related ministries to protect confidential information in the dossiers.
2. Information requested to be protected by an organization/individual must be recognized by a Committee (established by related ministries) as the confidential information that need to be protected according to legal regulations.
3. Authorized agencies shall be responsible for protecting information as stipulated in Item 1 of this Article. In the cases that have been protected through patents or intellectual property rights, the confidential shall be carried out in accordance with regulations on intellectual properties.
Article 22 – Capacity-building
135. Has your country received external support or benefited from collaborative activities with other Parties in the development and/or strengthening of human resources and institutional capacities in biosafety?
  • Yes
136. If you answered Yes to question 135, how were these resources made available?
  • Bilateral channels
137. Has your country provided support to other Parties in the development and/or strengthening of human resources and institutional capacities in biosafety?
  • No
139. Is your country eligible to receive funding from the Global Environment Facility (GEF)?
  • Yes
140. Has your country ever initiated a process to access GEF funds for building capacity in biosafety?
  • Yes
141. If you answered Yes to question 140, how would you characterize the process?
Please add further details about your experience in accessing GEF funds under question 150.
  • Average
142. Has your country ever received funding from the GEF for building capacity in biosafety?
  • Development of national biosafety frameworks
  • Implementation of national biosafety frameworks
  • Building Capacity for Effective Participation in the BCH (Phase I)
  • Building Capacity for Effective Participation in the BCH (Phase II)
143. During the current reporting period, has your country undertaken activities for the development and/or strengthening of human resources and institutional capacities in biosafety?
  • Yes
144. If you answered Yes to question 143, in which of the following areas were these activities undertaken?
  • Institutional capacity
  • Risk assessment and other scientific and technical expertise
  • Risk management
  • Public awareness, participation and education in biosafety
  • Information exchange and data management including participation in the Biosafety Clearing-House
  • Scientific, technical and institutional collaboration at subregional, regional and international levels
  • Technology transfer
  • Identification of LMOs, including their detection
  • Socio-economic considerations
  • Implementation of the documentation requirements under Article 18.2 of the Protocol
  • Handling of confidential information
  • Measures to address unintentional and/or illegal transboundary movements of LMOs
  • Scientific biosafety research relating to LMOs
  • Taking into account risks to human health
145. During the current reporting period, has your country carried out a capacity-building needs assessment?
  • Yes
146. Does your country still have capacity-building needs?
  • Yes
147. If you answered Yes to question 146, indicate which of the following areas still need capacity-building.
  • Institutional capacity
  • Human resources capacity development and training
  • Risk assessment and other scientific and technical expertise
  • Risk management
  • Public awareness, participation and education in biosafety
  • Information exchange and data management including participation in the Biosafety Clearing-House
  • Scientific, technical and institutional collaboration at subregional, regional and international levels
  • Technology transfer
  • Identification of LMOs, including their detection
  • Socio-economic considerations
  • Implementation of the documentation requirements under Article 18.2 of the Protocol
  • Handling of confidential information
  • Measures to address unintentional and/or illegal transboundary movements of LMOs
  • Scientific biosafety research relating to LMOs
  • Taking into account risks to human health
148. Has your country developed a capacity-building strategy or action plan?
  • Yes
149. Has your country submitted the details of national biosafety experts to the Roster of Experts in the BCH?
  • No
150. Here you may provide further details on the implementation of Article 22 in your country, including further details about your experience in accessing GEF funds:
After participating in the Cartagena Protocol on Biosafety, Vietnam actively involved with project funded by GEF to improve management of biosafety in Vietnam as in development of National Biosafety Frameworks, BCH project, implementation of National Biosafety Frameworks, global BCH project. Executions of those project is an exciting opportunity for Vietnam to improved management of Biosafety. In the near future, Vietnam is co-operating with countries in ASEAN area like Cambodia and Laos to established regional project of risk assessment for GMOs.
Article 23 – Public awareness and participation
151. Has your country established a strategy or put in place legislation for promoting and facilitating public awareness, education and participation concerning the safe transfer, handling and use of LMOs?
  • Yes, to some extent
152. Has your country established a biosafety website?
  • Yes
153. Has your country established a mechanism to ensure public access to information on living modified organisms that may be imported?
  • Yes, to a limited extent
154. Has your country established a mechanism to consult the public in the decision-making process regarding LMOs?
  • Yes
155. Has your country established a mechanism to make available to the public the results of decisions taken on LMOs?
  • Yes
156. Has your country taken any initiative to inform its public about the means of public access to the Biosafety Clearing-House?
  • No
157. In the current reporting period, has your country promoted and facilitated public awareness, education and participation concerning the safe transfer, handling and use of LMOs?
  • Yes, to a limited extent
158. If you answered Yes to question 157, has your country cooperated with other States and international bodies?
  • No
159. In the current reporting period, how many times has your country consulted the public in the decision-making process regarding LMOs and made the results of such decisions available to the public?
  • Less than 5
160. Here you may provide further details on the implementation of Article 23 in your country:
* According to Decree 69/2010/ND-CP, in Vietnam, the information of risk assessment report for human health, animal, environment and biological diversity have to be published via internet website for public comments. The period of public comments are 30 days from the date of information uploading.
* The information relating to GMOs not protected are provided on the biosafety website of the Ministry of Natural Resources and Environment, and websites of relevant ministries.
* From 2006 to 2010, Vietnam has succesfully established the project of "National Biosafety Frameworks" (NBF project) funded by GEF via UNEP. The project outlines specific goals including: improvement in acknowledge, education and community involvement in safely use of GMOs and participating in making decision on GMOs:
- Carry out awareness seminar on synergies between biotechnology and biosafety for policy makers and planners from sectoral government agencies.
- Carry out a series of awareness seminars on NAPB for policy makers and planners from sectoral government agencies.
- Training for relevant staff of NCAs and other government agencies in awareness raising activities.
- Production and dissemination of awareness raising materials for general public and for specific target groups such as farmers and consumers.
- Awareness seminars, workshops, debates and meetings for specific target groups, such as farmers, minority peoples, and consumers, on importance of biosafety.
- Prepare and disseminate documentary films and TV serials on biotechnological issues (namely biotechnology's achievements, prospects, potential environmental and social impacts and challenges).
- Develop mechanism for public involvement in biosafety management.
- Identify and institutionalize entry points for public participation in decision-making on GMOs.
- Training for NCA staff on facilitating public participation into decision making on GMOs.
- Training workshops for stakeholders on how to contribute to decision making on GMOs.
Article 24 – Non-Parties
161. Has your country entered into any bilateral, regional, or multilateral agreement with non-Parties regarding transboundary movements of LMOs?
  • No
162. Has your country ever imported LMOs from a non-Party?
  • Yes
163. Has your country ever exported LMOs to a non-Party?
  • No
164. If you answered Yes to questions 162 or 163, were the transboundary movements of LMOs consistent with the objective of the Cartagena Protocol on Biosafety?
  • Yes, always
165. If you answered Yes to questions 162 or 163, was information about these transboundary movements submitted to the BCH?
  • Yes, always
166. If your country is not a Party to the Cartagena Protocol, has it contributed information to the BCH on LMOs released in, or moved into, or out of, areas within its national jurisdiction?
  • Not applicable
167. Here you may provide further details on the implementation of Article 24 in your country:
Till now, Vietnam imported 2 event of NK603 and MON89034 with limited amount for confined trials and large scale trials from USA
Article 25 – Illegal transboundary movements
168. Has your country adopted domestic measures aimed at preventing and/or penalizing transboundary movements of LMOs carried out in contravention of its domestic measures to implement this Protocol?
  • Yes
169. Has your country established a strategy for detecting illegal transboundary movements of LMOs?
  • No
170. In the current reporting period, how many times has your country received information concerning cases of illegal transboundary movements of an LMO to or from territories under its jurisdiction?
  • Never
175. Here you may provide further details on the implementation of Article 25 in your country:
Pursuant to the Article 40 of Decree 69/2010/ND-CP:
Article 40. Import genetically modified organisms, products of genetically modified organisms.
1. Genetically modified organisms, products of genetically modified organisms that are imported into Vietnam for research purpose shall have to belong a research project, technology development which has been approved (via a written permit) and allowed to be imported by the competent authority.
2. Genetically modified organisms that are imported into Vietnam for trial conduction shall have to be granted a Trial permit of genetically modified organisms.
3. Genetically modified organisms that are imported into Vietnam for releasing into environment shall have to be granted a Biosafety certificate or in the list of genetically modified organisms that already granted a Biosafety certificate.
4. Genetically modified organisms that are imported into Vietnam for using as food, animal feed, or processing to food, animal feed shall have to satisfy conditions stipulated in Article 38 and 39 of this Decree.
5. Process of importing GMOs, products of GMOs shall have to comply with all current regulations.
Article 26 – Socio-economic considerations
176. If your country has taken a decision on import, has it ever taken into account socio-economic considerations arising from the impact of the LMO on the conservation and sustainable use of biological diversity?
  • Only in some cases
177. Has your country cooperated with other Parties on research and information exchange on any socio-economic impacts of LMOs?
  • No
178. Here you may provide further details on the implementation of Article 26 in your country:
* Ministry of Agricultural and Rural development promulgate the circular 72/2009/TT-BNNPTNT on the "List of permitted geneticlly modified crops for conducting risk assessment for intended using as variety in Vietnam". List of genetically modified crops are including: Corn (Zea mays L.), Cotton (Gossypium spp.) and Soybean [Glycline max (L.) Merrill]. 
Article 27 – Liability and Redress
179. Has your country signed the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress?
  • No
180. Has your country initiated steps towards ratification, acceptance or approval of the Nagoya-Kuala Lumpur Supplementary Protocol?
  • Yes
181. Here you may provide further details on any activities undertaken in your country towards the implementation of the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress:
The Nagoya - Kuala Lumpur Supplementary Protocol on Liability and Redress is an important international regulation to improved management in biosafety. Being in the process of completing the legal system on biosafety management in particularly the secondary regulations, Vietnam recognizes the important of signing and approving the Nagoya-Kuala Lumpur Supplementary Protocol.
Article 33 – Monitoring and reporting
182. Has your country submitted the previous national reports (Interim and First National Reports)?
  • Yes
Comments on reporting format
185. Please use this field to provide any other information on difficulties that you have encountered in filling in this report.
The format of report is design logically, scientifically including the Cartagena protocol. Report will provides information for Secretary of implementation the Cartagena protocol on Biosafety.
Survey on indicators of the Strategic Plan (2014)
In decision BS-VI/15, Parties requested the Executive Secretary to conduct a dedicated survey to gather information corresponding to indicators in the Strategic Plan that could not be obtained from the second national reports or through other existing mechanisms.

The answers to the survey are displayed below.
When did your national biosafety framework become operational?
indicator 1.1.1
  • 2010
Here you may provide further details
The unregular funding comes in the form of cooperation with partners like USDA, Progam on Biosafety System, Center on Environment Risk Assessment and Croplife
Survey 4. How many biosafety short-term training programmes and/or academic courses are offered annually in your country?
indicator 1.2.3
  • 5 per year or more
Here you may provide further details
The biosafety training courses in Vietnam have normally 2-3 days duration. And the purpose of the courses is to enhance capacity on biosafety management in particularly knowledge on legal framework on biosafety.
Survey 5. Does your country have in place a functional national mechanism for coordinating biosafety capacity-building initiatives?
indicator 1.2.4
  • Yes
Here you may provide further details
It's implied in the Decision 1250/QD-TTg on National Strategy on Biodiveristy to 2020, vision toward 2030 which is approved by the Prime Minister
Survey 6. How much additional funding (in the equivalent of US dollars) has your country mobilized in the last four years to support implementation of the Biosafety Protocol, beyond the regular national budgetary allocation?
indicator 1.2.5
  • 50,000 USD or more
Survey 7. Does your country have predictable and reliable funding for building capacity for the effective implementation of the Protocol?
indicator 1.2.6
  • No
Survey 8. How many LMO-related collaborative bilateral/multilateral arrangements has your country established with other Parties/non-Parties?
indicator 1.2.8
  • None
Survey 9. Has your country adopted or used any guidance documents for the purpose of conducting risk assessment and/or risk management?
indicator 1.3.1.1
Survey 9.a) Risk assessment
  • Yes
Survey 9.b) Risk management
  • Yes
Here you may provide further details
The Decree No. 69/2010/ND-CP dated 21 June 2010 on biosafety of genetically modified organisms, specimens and products thereofs approved by the Government;  The Circular No. 08/2013/TT-BTNMT dated 16 May 2013 on procedure for granting and revoking Biosafety certificate for genetically modified crops.
Survey 10. Has your country adopted or used any guidance documents for the purpose of evaluating risk assessment reports submitted by notifiers?
indicator 1.3.1.2
  • Yes
Here you may provide further details
The Circular No. 08/2013/TT-BTNMT dated 16 May 2013 on procedure for granting and revoking Biosafety certificate for genetically modified crops.
Survey 11. Has your country adopted any common approaches to risk assessment with other countries?
indicator 1.3.2
  • No
Survey 12. Has your country ever conducted a risk assessment of an LMO?
indicator 1.3.3
  • Yes
Here you may provide further details
Since 2010, Viet Nam has conducted environmental risk assessment field-trial for GM maize such as Bt11, GA21, MON89034, NK603…
Survey 13. Does your country have the capacity to identify, assess and/or monitor living modified organisms or specific traits that may have adverse effects on the conservation and sustainable use of biological diversity, taking into account risks to human health?
indicator 1.4.2
Survey 13.a) Identify
  • Yes
Survey 13.b) Assess
  • Yes
Survey 13.c) Monitor
  • Yes
Here you may provide further details
Vietnam have limited capacity to identify, assess and monitor living modified organism
Survey 14. Does your country have available any guidance for the purpose of ensuring the safe handling, transport, and packaging of living modified organisms?
indicator 1.6.4
  • No
Survey 15. Does your country have any specific approaches or requirements that facilitate how socio-economic considerations should be taken into account in LMO decision making?
indicator 1.7.2
  • No
Survey 16. How many peer-reviewed published materials has your country used for the purpose of elaborating or determining national actions with regard to socio-economic considerations?
indicator 1.7.1
  • None
Survey 17. What is your country's experience, if any, in taking socio-economic considerations into account in LMO decision making?
indicator 1.7.3
Viet Nam is now taking intitial step to consider the socio-economic issues when making decision on LMO
Survey 18. Does your country have the capacity to take appropriate measures in the event that an LMO is unintentionally released?
indicator 1.8.3
  • No
Here you may provide further details
As responding to question 13, Vietnam has limited capacity in identifying and monitoring the LMO, therefore, the capacity to take appropriate measures in the event of unintentional release of LMO is also limited.
Survey 19. How many people in your country have been trained in risk assessment, monitoring, management and control of LMOs?
indicator 2.2.3
Survey 19.a) Risk assessment
  • 50 or more
Survey 19.b) Monitoring
  • 10 or more
Survey 19.c) Management / Control
  • 10 or more
Here you may provide further details
Each year, there are several training course on different topic of biosafety are organized in Vietnam by different stakeholders. Therefore, Vietnam hasn't got a systematic program for risk assessment, monitoring and management on biosafety.
Survey 20. Does your country have the infrastructure (e.g. laboratory facilities) for monitoring or managing LMOs?
indicator 2.2.4
  • Yes
Here you may provide further details
The Ministry of Agriculture and Rural Development is now establishing a lab for LMO-detections
Survey 21. Is your country using training material and/or technical guidance for training in risk assessment and risk management of LMOs?
indicator 2.2.5
  • Yes
Here you may provide further details
Several international and national guidances are used as training material such as Codex Alimentarius, Australian Risk Analysis Framework…
Survey 22. Are the available training materials and technical guidance on risk assessment and risk management of LMOs sufficient and effective?
indicator 2.2.6
Survey 22.a) Sufficient
  • No
Survey 22.b) Effective
  • Yes
Here you may provide further details
Because of unsystematic using other countries' guidance and materials, the effectiveness of the trainning courses is limited. Therefore, in near future, Vietnam will develop a set of materials for training which focuses on step-by-step approach to enhancing capacity on risk assessment and risk management of LMOs.
Survey 23. How many customs officers in your country have received training in the identification of LMOs?
indicator 2.3.1
  • 50 or more
Here you may provide further details
In 2010, Vietnam organized some training courses for customs officers on detection and monitoring of LMOs. However, since then, as limited resources, there is no more training courses for this target group.
Survey 24. How many laboratory personnel in your country have received training in detection of LMOs?
indicator 2.3.1
  • 10 or more
Here you may provide further details
In 2010, Vietnam also organized training courses for lab staffs regarding detection of LMOs. However, since then, there is no more such kind of training course
Survey 25. Does your country have reliable access to laboratory facilities for the detection of LMOs?
indicator 2.3.2
  • No
Survey 26. How many laboratories in your country are certified for LMO detection?
indicator 2.3.3
  • None
Here you may provide further details
The laboratory is being developed by the MARD will be certified.
Survey 27. How many of the certified laboratories in the previous question are operational?
indicator 2.3.4
  • None
Survey 28. Has your country received any financial and/or technical assistance for capacity-building in the area of liability and redress relating to living modified organisms?
indicator 2.4.1
  • No
Survey 29. Does your country have administrative or legal instrument that provide for response measures for damage to biodiversity resulting from living modified organisms?
indicator 2.4.2
  • No
Survey 30. Has your country informed the public about existing modalities for public participation in the decision-making process regarding living modified organisms?
indicator 2.5.2
  • Yes
Here you may provide further details
The Decree 69/2010/ND-CP requires to involve public participation in decision-making process through n-BCH portal. In 2013, after receiving application for granting biosafety certificate, MONRE published information in the n-BCH portal.
Survey 31. If you answered yes to the previous question, please indicate the modalities used to inform the public?
indicator 2.5.2
  • National website
Survey 33. How many academic institutions in your country are offering biosafety education and training courses and programmes?
indicator 2.7.1
  • One or more
Here you may provide further details
The training courses on biosafety has been implemented in several universities such as Hanoi National University, Hanoi University of Agriculture…
Survey 34. How many biosafety training materials and/or online modules are available in your country?
indicator 2.7.2
  • None
Survey 35. Does your country have in place a monitoring and/or an enforcement system?
indicator 3.1.6
Survey 35.a) Monitoring system
  • Yes
Survey 35.b) Enforcement system
  • Yes
Here you may provide further details
Decree 69/2010/ND-CP stipulates measures for monitoring and enforcement of biosafety management in Vietnam. However, to guidance the Decree 69/2010/ND-CP on that aspect, it's necessary that the corresponding Ministries such as MONRE, MARD and MOST to develop circulars and guidance.
Survey 36. Please indicate the number of regional, national and international events organized in relation to biosafety (e.g. seminars, workshops, press conferences, educational events, etc.,) in the last 2 years.
indicator 4.3.1
  • One or more
Here you may provide further details
In 2013, in cooperation with the SCBD, Vietnam organized the Asia-Pacific regional training workshop on public awareness, education and participation concerning the safe transfer, handling and use of LMOs.
Survey 37. Please indicate the number of biosafety related publications that has been made available in your country in the last year.
indicator 4.3.2
  • 10 or more
Here you may provide further details
The publications are avaiable in the n-BCH website: antoansinhhoc.vn
Survey 38. If biosafety related publications were made available (see question above), please indicate which modalities were preferred.
indicator 4.3.2
  • BCH Central Portal
Survey 39. How many collaborative initiatives (including joint activities) on the Cartagena Protocol and other Conventions and processes has your government established in the last 4 years?
indicator 5.2.1
  • None
Survey 40. Does your country have any awareness and outreach programmes on biosafety?
indicator 5.3.1
  • No
Survey 42. Has your country designed and/or implemented an outreach/communication strategy on biosafety?
indicator 5.3.2
  • No
Survey 43. Please indicate the number of educational materials on biosafety that are available and accessible to the public.
indicator 5.3.4
  • 10 or more