Record details

Origin of report

1. Country

Viet Nam

Contact officer for report

Coordinates

Dr. Hoang Thi Thanh Nhan

Deputy Director

Biodiversity Conservation Agency, Vietnam Environment Administration, Ministry of Natural Resources and Environment

No. 10 Ton That Thuyet street, Nam Tu Liem district

Hanoi

Viet Nam

Phone:	+84-4-37956868 (ext 3113)
Fax:	+84-4-39412028
Email:	hoangnhan.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 Industry and Trade,
- Ministry of Science and Technology,
- Ministry of Finance (General Department of Vietnam Customs),
- Vietnam Academy of Science and Technology.

Submission

10. Date of submission

2015-10-31

11. Time period covered by this report

Start date

2011-10-01

11. Time period covered by this report

End date

2015-10-31

Party to the Cartagena Protocol on Biosafety

Is your country a Party to the Cartagena Protocol on Biosafety (CPB)?

Article 2 – General provisions

14. Has your country introduced the necessary legal, administrative and other measures for the implementation of the Protocol?

This question is relevant to indicators 1.1.1, 2.1.1, 2.1.2, and 3.1.2 of the Strategic Plan

A domestic regulatory framework is fully in place

15. If you indicated that a national biosafety framework exists in the above question, when did it become operational?

This question is relevant to the indicator 1.1.1 of the Strategic Plan

2005

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
Other laws, regulations or guidelines that indirectly apply to biosafety

17. Has your country established a mechanism for the budgetary allocations of funds for the operation of its national biosafety framework?

18. Does your country have permanent staff to administer functions directly related to the national biosafety framework?

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)?

21. Here you may provide further details on the implementation of Article 2 in your country

Vietnam has established the regulation regarding biosafety of GMOs:
*) The Laws:
- The Law on Biodiversity No. 20/2008/QH12 dated 13 November, 2008 of The National Assembly: Article 65 to 69.
- The Law on Food Safety No. 55/2010/QH12 dated 17 June, 2010 of The National Assembly.
*) The Decrees:
- Decree number 69/2010/ND-CP dated 21 June, 2010 of Government on Biosafety of GMOs, Genetic specimen and Products Derived from GMOs.
- Decree number 108/2011/ND-CP dated 30 November, 2011 of Government to amending some articles of the Decree No. 69/2010/ND-CP dated June 6th, 2010 of the Government on Biosafety of GMOs, Genetic specimen and Products Derived from GMOs.
- Decree number 38/2012/ND-CP dated 25 April, 2012 of Government detailed regulations for implementation some articles of Law on Food safety.
- Decree number 179/2013/ND-CP dated 14 November, 2013 of Government on the sanction of administrative violations in the domain of environmental protection.
* ) The Decisions:
- Decision number 79/2007/QD-TTg dated 31 May, 2007 of Prime Minister to approve the national action plan on biodiversity up to 2010 and orientations towards 2020 for implementation of the Convention on Biological Diversity and the Cartagena Protocol on Biosafety.
- Decision number 102/2007/QD-TTg dated 10 July, 2007 of Prime Minister promulgating comprehensive plan to strengthen management capacity in Biosafety of GMOs, goods and products originating from GMOs until 2010, as well as implementation of Cartagena Protocol on Biosafety.
- Decision number 1250/QD-TTg dated 31 July, 2013 of Prime Minister approval of National Biodiversity Strategy to 2020, vision to 2030.
* The Circulars:
- Circular number 69/2009/TT-BNNPTNT dated 27 October, 2009 of Minister of Agriculture and Rural development on risk Assessment of GM crops to biodiversity and environment.
- Circular number 72/2009/TT-BNNPTNT dated 17 November, 2009 of Minister of Agriculture and Rural development on the "List of permitted GM species for conducting risk assessment for intended using as variety in Vietnam".
- Circular number 23/2010/TT-BNNPTNT dated 7 April 2010 of Minister of Agriculture and Rural development on the recognition of the technical progress of biotechnology in the Agriculture and Rural Development branch.
- Circular number 09/2012/TT-BTNMT dated 22 August, 2012 of Minister of Natural Resources and Environment providing for the supply and exchange of information and data about GMOs.
- Circular number 20/2012/TT-BKHCN dated 20 November, 2012 of Minister of Science and Technology regarding the Regulation of the Procedure to Certify a Lab Allowed to conduct GMOs research.
- Circular number 21/2012/TT-BKHCN dated 20 November, 2012 of Minister of Science and Technology regulating the research and development of GMOs.
- Circular number 08/2013/TT-BTNMT dated 16 May, 2013 of Minister of Natural Resources and Environment stipulating the order, procedures on granting and revoking Biosafety Certificate for GM crops.
- Circular number 13/2013/TT-BTNMT dated 21 June, 2013 of Minister of Natural Resources and Environment prescribed technical procedures and norms of technical and economic detection of GMOs by means qualitative analysis, quantitative deoxyribonucleic acid;
- Circular number 02/2014/TT-BNNPTNT dated 24 January, 2014 of Minister of Agriculture and Rural development stipulating the order, procedures on granting and revoking Certification for GM Plants for use as food and feed.
- Circular number 36/2014/TT-BTC dated 24 March, 2014 of Minister of Finance regarding the Regulation on collection, payment, management and use of fee for appraisal of dossiers applied for Biosafety Certificate of GM Crops.
- Circular number 106/2014/TT-BTC dated 08 August, 2014 of Minister of Finance regarding the Regulation on collection, payment, management and use of fee for appraisal of dossiers applied for Certification for GM Plants for use as food and feed.
- Circular number 29/2014/TT-BNNPTNT dated 5 September, 2014 of the Minister of Agriculture and Rural Development, on amending and supplementing Article 7 of Circular number 23/2010/TT-BNNPTNT dated 7 April 2010, on the recognition of the technical progress of biotechnology in the Agriculture and Rural Development branch.
- Joint Circular No. 160/2014/TTLT-BTC-BTNMT dated 29 October, 2014 of Minister of Finance and Minister of Natural Resources and Environment guiding the management, use and liquidation for regular expenditure using state budget to implement tasks and projects under the Vietnam National Biodiversity Strategy to 2020 with a vision to 2030.
The regulations are constantly updated via 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?

Article 6 – Transit and Contained use

25. Does your country regulate the transit of LMOs?

This question is relevant to indicator 1.8.1 of the Strategic Plan

26. Does your country regulate the contained use of LMOs?

This question is relevant to indicators 1.1.2 and 1.8.2 of the Strategic Plan

27. If you answered Yes to questions 25 or 26, has this information been submitted to the BCH?

28. Here you may provide further details on the implementation of Article 6 in your country:

Pursuant to Item 3, Article 42 of Decree number 69/2010/ND-CP:
If the GMOs and products of GMOs 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.

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 OR a domestic regulatory framework consistent with the Protocol regarding the transboundary movement of LMOs for intentional introduction into the environment?

This question is relevant to indicators 1.1.2 and 3.1.4 of the Strategic Plan

30. Has your country established a mechanism for taking decisions regarding first intentional transboundary movements of LMOs for intentional introduction into the environment?

31. If you answered Yes to question 30, does the mechanism also apply to cases of intentional introduction of LMOs into the environment that were not subject to transboundary movement?

32. 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?

33. Has your country established legal requirements for the accuracy of information contained in the notification?

34. Has your country ever received an application / notification regarding intentional transboundary movements of LMOs for intentional introduction into the environment?

This question is relevant to indicator 1.1.4 of the Strategic Plan

35. Has your country ever taken a decision on an application / notification regarding intentional transboundary movements of LMOs for intentional introduction into the environment?

This question is relevant to indicator 1.1.5 of the Strategic Plan

36. If you answered Yes to question 35, how many LMOs has your country approved to date for import for intentional introduction into the environment?

Less than 10

37. If you answered Yes to question 35, how many LMOs, not imported, has your country approved to date for intentional introduction into the environment?

None

38. 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 10

39. 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 10

40. 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?

41. Did the notifications contain complete information (at a minimum the information specified in Annex I of the Cartagena Protocol on Biosafety)?

42. Has your country acknowledged receipt of the notifications to the notifier within ninety days of receipt?

43. Has your country informed the notifier(s) and the BCH of its decision(s)?

This question is relevant to indicator 3.1.5 of the Strategic Plan

Yes, always

44. What percentage of your country’s decisions fall into the following categories?

Approval of the import/use of the LMO(s) with conditions

100%

45. 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?

This question is relevant to indicator 3.1.5 of the Strategic Plan

Yes, always

46. 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

* In Vietnam, Decree number 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.
* Pursuant to Decree 69/2010/ND-CP, in May 16, 2013, Minister of Natural Resources and Environment promulgated Circular number 08/2013/TT-BTNMT stipulating the order, procedures on granting and revoking Biosafety Certificate for GM crops.
* So far in Vietnam, regulations allowing the release of GMOs into the environment have been Permit for trial of GM crops (confined trials and large scale trials) and granted Biosafety Certificate of GM crops:
- The Permit for trial of GM maize with events: GA21, Bt11, NK603, MON89034, TC1507, MIR162.
- Decision on granting Biosafety Certificate of GM maize events: MON89034, GA21, NK603, Bt11.

Article 11 – Procedure for living modified organisms intended for direct use as food or feed, or for processing (LMOs-FFP)

47. Has your country adopted specific law(s) or regulation(s) for decision-making regarding domestic use, including placing on the market, of LMOs-FFP?

This question is relevant to indicator 1.1.2 of the Strategic Plan

48. Has your country established legal requirements for the accuracy of information to be provided by the applicant?

49. 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?

This question is relevant to indicator 3.1.5 of the Strategic Plan

50. Has your country established a mechanism for taking decisions on the import of LMOs-FFP?

This question is relevant to indicator 1.1.2 of the Strategic Plan

51. Has your country indicated its needs for financial and technical assistance and capacity-building in respect of LMOs-FFP?

This question is relevant to indicator 1.2.1 of the Strategic Plan

52. Has your country ever taken a decision on LMOs-FFP (either on import or domestic use)?

53. How many LMOs-FFP has your country approved to date?

More than 10

54. In the current reporting period, how many decisions has your country taken regarding the import of LMOs-FFP?

More than 10

55. In the current reporting period, how many decisions has your country taken regarding domestic use, including placing on the market, of LMOs-FFP?

More than 10

56. Has your country informed the Parties through the BCH of its decision(s) regarding import, of LMOs-FFP?

This question is relevant to indicator 3.1.5 of the Strategic Plan

In some cases only

57. Has your country informed the Parties through the BCH of its decision(s) regarding domestic use, including placing on the market, of LMOs-FFP within 15 days?

In some cases only

58. 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

* Pursuant to Decree 69/2010/ND-CP, in 24 January, 2014 Minister of Agriculture and Rural development promulgated Circular number 02/2014/TT-BNNPTNT stipulating the order, procedures on granting and revoking Certification for GM Plants for use as food and feed.
* So far in Vietnam, Vietnam's Ministry of Agriculture and Rural development has been granted Certificate for GM maize and GM soybean satisfying conditions to be used as food, feed:
- Certificate satisfying conditions to be used as food, feed for GM maize event: GA21, Bt11, NK603, MON89034, MIR162, T25, MON87427, MON87460, MON88017, MON810.
- Certificate satisfying conditions to be used as food, feed for GM soybean event: MON89788, 40-3-2, MON87705, MON87701, MON87708, A5547-127, A2704-12, MON87769.

Article 12 – Review of decision

59. Has your country established a mechanism for the review and change of a decision regarding an intentional transboundary movement of LMOs?

60. Has your country ever received a request for a review of a decision?

61. Has your country ever reviewed / changed a decision regarding an intentional transboundary movement of LMOs?

62. In the current reporting period, how many decisions were reviewed and/or changed regarding an intentional transboundary movement of an LMO?

None

66. Here you may provide further details on the implementation of Article 12 in your country

Pursuant to Decree number 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 GMOs 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 GMOs 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

67. Has your country established a system for the application of the simplified procedure regarding an intentional transboundary movement of LMOs?

68. Has your country ever applied the simplified procedure?

69. If you answered Yes to question 68, has your country informed the Parties through the BCH of the cases where the simplified procedure applies?

This question is relevant to indicator 3.1.5 of the Strategic Plan

Yes, always

70. In the current reporting period, how many LMOs has your country applied the simplified procedure to?

More than 5

71. Here you may provide further details on the implementation of Article 13 in your country

Pursuant to Decree number 69/2010/ND-CP:
* Article 27, 28, 32, 33: If GMOs has been allowed to be used as food, feed in at least 5 developed countries and there is no confirmed risk in those countries, the maximum time to consider to issue a Certificate of GMOs that satisfy conditions to be used as food, feed is 60 days (normal 180 days).
* 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 and 39. Conditions to produce and trade GMOs, GMO products for the purpose of using as food, feed
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, feed or in the list of GMO that already granted a certificate for using as food, feed; products of GMO which is already issued Certificate of fulfill conditions for use as food, feed or in the list of GMOs that already granted a certificate for using as food, feed except the case stipulated in Article 29 of this Decree.
2. Comply with all current regulations on food, feed trading and production

Article 14 – Bilateral, regional and multilateral agreements and arrangements

72. Has your country entered into any bilateral, regional or multilateral agreements or arrangements?

73. If you answered Yes to question 72, how many LMO-related collaborative bilateral/multilateral arrangements has your country established with other Parties/non-Parties?

This question is relevant to indicator 1.2.8 of the Strategic Plan

None

74. If you answered Yes to question 72, has your country informed the Parties through the BCH of the agreements or arrangements?

This question is relevant to indicator 3.1.5 of the Strategic Plan

75. If you answered Yes to question 72, 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.

76. 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

Articles 15 & 16 – Risk Assessment and Risk Management

77. Has your country established a national framework for conducting risk assessments prior to taking decisions regarding LMOs?

78. If you answered Yes to question 77, does this framework include procedures for identifying and/or training national experts to conduct risk assessments?

79. How many people in your country have been trained in risk assessment, monitoring, management and control of LMOs?

This question is relevant to indicator 2.2.3 of the Strategic Plan

a) Risk assessment:

50 or more

b) Management / Control:

10 or more

c) Monitoring:

10 or more

80. Is your country using training material and/or technical guidance for training in risk assessment and risk management of LMOs?

This question is relevant to indicator 2.2.5 of the Strategic Plan

81. Is your country using the "Manual on Risk Assessment of LMOs" (developed by CBD Secretariat) for training in risk assessment?

This question is relevant to indicator 2.2.5 of the Strategic Plan

82. Is your country using the "Guidance on Risk Assessment of LMOs" (developed by the Online Forum and the AHTEG on Risk Assessment and Risk Management) for training in risk assessment?

This question is relevant to indicator 2.2.5 of the Strategic Plan

83. Are the currently available training materials or technical guidance on risk assessment and/or risk management of LMOs sufficient?

This question is relevant to indicator 2.2.6 of the Strategic Plan

84. Does your country have the capacity to detect, 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?

This question is relevant to indicators 1.4.2 and 1.6.3 of the Strategic Plan

a) Detect:

b) Identify:

c) Assess:

d) Monitor:

85. Has your country adopted or used any guidance documents for the purpose of conducting risk assessment or risk management, or for evaluating risk assessment reports submitted by notifiers?

This question is relevant to indicators 1.3.1 of the Strategic Plan

a) Risk assessment:

b) Risk management:

86. Is your country using the "Guidance on Risk Assessment of LMOs" (developed by the Online Forum and the AHTEG on Risk Assessment and Risk Management) for conducting risk assessment or risk management, or for evaluating risk assessment reports submitted by notifiers?

This question is relevant to indicator 2.2.5 of the Strategic Plan

87. Has your country adopted any common approaches to risk assessment with other countries?

This question is relevant to indicator 1.3.2 of the Strategic Plan

88. 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?

This question is relevant to indicator 1.4.1 of the Strategic Plan

89. Has your country ever conducted a risk assessment of an LMO including any type of risk assessment of LMOs, e.g. for contained use, field trials, commercial purposes, direct use as food, feed, or for processing?

This question is relevant to indicator 1.3.3 of the Strategic Plan

90. If you answered Yes to question 89, please indicate the scope of the risk assessments (select all that apply):

Commercial production
Field trial
LMOs for Contained use
LMOs for direct use as food
LMOs for direct use as feed
LMOs for processing

91. If you answered Yes to question 89, were the summary reports of the risk assessments submitted to the BCH?

This question is relevant to indicator 3.1.5 of the Strategic Plan

Yes, always

92. If you answered Yes to question 89, were risk assessments conducted for all decisions taken on LMOs for intentional introduction into the environment or on domestic use of LMOs for direct use as food, feed, or for processing?

Yes, always

93. If you answered Yes to question 89, how many risk assessments were conducted in the current reporting period?

More than 10

94. 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?

95. Has your country established a mechanism for monitoring potential effects of LMOs that are released into the environment?

96. Does your country have the infrastructure (e.g. laboratory facilities) for monitoring or managing LMOs?

This question is relevant to indicator 2.2.4 of the Strategic Plan

97. Here you may provide further details on the implementation of Articles 15 and 16 in your country

*) Vietnam were risk assessment conducted for all decisions taken on GM crops for:
- Trials of GM crops (confined trials and large scale trials).
- Releasing into the environment.
- Domestic use of GM crops for direct use as food, feed.
*) Risk assessment is defined in article 5, 6, 7 and some articles of section 4 of Decree number 69/2010/ND-CP.
*) Risk management is defined in article 8 and 9 of Decree number 69/2010/ND-CP.

Article 17 – Unintentional transboundary movements and emergency measures

98. Has your country established and maintained appropriate measures to prevent unintentional transboundary movements of LMOs?

99. 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?

Yes, to some extent

100. Does your country have the capacity to take appropriate measures in the event that an LMO is unintentionally released?

This question is relevant to indicator 1.8.3 of the Strategic Plan

101. 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

105. Here you may provide further details on the implementation of Article 17 in your country

* Pursuant to The Item 2, Article 42 of Decree number 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

106. 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?

107. 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?

This question is relevant to indicator 1.6.1 of the Strategic Plan

108. 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?

This question is relevant to indicator 1.6.1 of the Strategic Plan

109. If you answered Yes or Yes, to some extent to question(s) 107 and/or 108, what type of documentation does your country require for the identification of LMOs-FFP?

Existing or a stand-alone document

110. 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?

This question is relevant to indicator 1.6.2 of the Strategic Plan

111. If you answered Yes or Yes, to some extent to question 110, what type of documentation does your country require for the identification of LMOs that are destined for contained?

Existing or a stand-alone document

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?

This question is relevant to indicator 1.6.2 of the Strategic Plan

113. If you answered Yes or Yes, to some extent to question 112, what type of documentation does your country require for the identification of LMOs that are intended for intentional introduction into the environment?

Existing or a stand-alone document

114. Does your country have available any guidance for the purpose of ensuring the safe handling, transport, and packaging of living modified organisms?

This question is relevant to indicator 1.6.4 of the Strategic Plan

115. Does your country have the capacity to enforce the requirements of identification and documentation of LMOs?

Yes, to some extent

116. How many customs officers in your country have received training in the identification of LMOs?

This question is relevant to indicator 2.3.1 of the Strategic Plan

None

117. Has your country established procedures for the sampling and detection of LMOs?

118. How many laboratory personnel in your country have received training in detection of LMOs?

This question is relevant to indicator 2.3.1 of the Strategic Plan

10 or more

119. Does your country have reliable access to laboratory facilities for the detection of LMOs?

This question is relevant to indicator 2.3.2 of the Strategic Plan

120. How many laboratories in your country are certified for LMO detection?

This question is relevant to indicator 2.3.3 of the Strategic Plan

One or more

121. How many of the certified laboratories in the previous question are currently operating in the detection of LMOs?

This question is relevant to indicator 2.3.4 of the Strategic Plan

One or more

122. Here you may provide further details on the implementation of Article 18 in your country:

*) Pursuant to Article 40 and Article 42 of Decree number 69/2010/ND-CP:
- Article 40. Import GMOs, products of GMOs.
+ GMOs, products of GMOs 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.
+ GMOs that are imported into Vietnam for trial conduction shall have to be granted a Trial permit of GMOs.
+ GMOs that are imported into Vietnam for releasing into environment shall have to be granted a Biosafety certificate or in the list of GMOs that already granted a Biosafety certificate.
+ GMOs that are imported into Vietnam for using as food, feed, or processing to food, feed shall have to satisfy conditions stipulated in Article 38 and 39 of this Decree.
+ Process of importing GMOs, products of GMOs shall have to comply with all current regulations.
- Article 42. Storage, packaging, and transportation of GMOs that haven't been granted a Safety Certificate
+ Storage, transportation of GMOs which is granted Biosafety Certificate, Certificate of GMOs satisfying conditions to be used as food, feed, and products of that GMOs shall comply with all current regulations.
+ Storage, packaging, and transportation of GMOs 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.
+ If the GMOs and products of GMOs 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.
*) Pursuant to Decree 69/2010/ND-CP, in June 21, 2013 Minister of Natural Resources and Environment promulgated Circular number 13/2013/TT-BTNMT prescribed technical procedures and norms of technical and economic detection of GMOs by means qualitative analysis, quantitative deoxyribonucleic acid

Article 19 – Competent National Authorities and National Focal Points

123. 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?

124. 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?

125. Here you may provide further details on the implementation of Article 19 in your country

* Vietnam's National focal point is Ministry of Natural Resources and Environment.
* Vietnam' s National authorities:
- Ministry of Natural Resources and Environment;
- Ministry of Agriculture and Rural development;
- Ministry of Science and Technology.

Article 20 – Information Sharing and the Biosafety Clearing-House (BCH)

126. Please provide an overview of the status of the mandatory 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.

This question is relevant to indicator 3.1.5 of the Strategic Plan

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

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

c) Bilateral, multilateral and regional agreements and arrangements (Articles 14, paragraph 2 and 20, paragraph 3 (b))

Information not available

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

e) Reports submitted by the Parties on the operation of the Protocol (Article 20, paragraph 3 (e))

Information available and in the BCH

f) Decisions by a Party on regulating the transit of specific living modified organisms (LMOs) (Article 6, paragraph 1)

Information not available

g) Occurrence of unintentional transboundary movements that are likely to have significant adverse effects on biological diversity (Article 17, paragraph 1)

Information not available

h) Illegal transboundary movements of LMOs (Article 25, paragraph 3)

Information not available

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

j) Information on the application of domestic regulations to specific imports of LMOs (Article 14, paragraph 4)

Information available and in the BCH

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 available and in the BCH

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 available and in the BCH

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

n) Review and change of decisions regarding intentional transboundary movements of LMOs (Article 12, paragraph 1)

Information not available

o) LMOs granted exemption status by each Party (Article 13, paragraph 1)

Information not available

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

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 only partially available in the BCH

127. Has your country established a mechanism for strengthening the capacity of the BCH National Focal Point to perform its administrative functions?

128. 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?

129. Does your country use the information available in the BCH in its decision making processes on LMOs?

Yes, in some cases

130. Has your country experienced difficulties accessing or using the BCH?

This question is relevant to indicator 4.1.8 of the Strategic Plan

131. Is the information submitted by your country to the BCH complete and up-to date?

132. 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:

This question is relevant to indicator 4.3.1 of the Strategic Plan

5 or more

133. Please indicate the number of biosafety related publications that has been made available in your country in the last year:

This question is relevant to indicator 4.3.2 of the Strategic Plan

10 or more

134. If biosafety related publications were made available (see question above), please indicate which modalities were preferred:

This question is relevant to indicator 4.3.2 of the Strategic Plan

Academic journals

135. 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 from 2006 with address: http://www.antoansinhhoc.vn (Vietnam BCH Portal). nBCH website is considered as a tool to provide official information on biosafety management in Vietnam to stakeholders from agencies, universities, institutes and industries.
- Uploading and interacting with International BCH Central Portal.

Article 21 – Confidential information

136. Has your country established procedures to protect confidential information received under the Protocol?

137. Does your country allow the notifier to identify information that is to be treated as confidential?

Yes, always

138. Here you may provide further details on the implementation of Article 21 in your country

Pursuant to Article 44 of Decree number 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

139. Does your country have predictable and reliable funding for building capacity for the effective implementation of the Protocol?

This question is relevant to indicator 1.2.6 and 3.1.8 of the Strategic Plan

140. 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?

141. If you answered Yes to question 140, how were these resources made available?

Bilateral channels

142. Has your country provided support to other Parties in the development and/or strengthening of human resources and institutional capacities in biosafety?

144. Has your country ever initiated a process to access GEF funds for building capacity in biosafety?

145. If you answered Yes to question 144, how would you characterize the process?

Please add further details about your experience in accessing GEF funds under question 157.

Difficult

146. 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)

147. During the current reporting period, has your country undertaken activities for the development and/or strengthening of human resources and institutional capacities in biosafety?

148. If you answered Yes to question 147, in which of the following areas were these activities undertaken?

Institutional capacity
Human resources capacity development and training
Risk assessment and other scientific and technical expertise
Risk management
Information exchange and data management including participation in the Biosafety Clearing-House
Handling of confidential information
Taking into account risks to human health

149. During the current reporting period, has your country carried out a capacity-building needs assessment?

This question is relevant to indicator 1.2.1 of the Strategic Plan

150. If you answered Yes to question 149, has this information been submitted to the BCH?

This question is relevant to indicator 1.2.1 of the Strategic Plan

151. Does your country still have capacity-building needs?

This question is relevant to indicator 1.2.7 of the Strategic Plan

152. If you answered Yes to question 151, 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

153. Has your country developed a capacity-building strategy or action plan?

This question is relevant to indicator 1.2.2 of the Strategic Plan

154. Does your country have in place a functional national mechanism for coordinating biosafety capacity-building initiatives?

This question is relevant to indicator 1.2.4 of the Strategic Plan

155. How many biosafety short-term training programmes and/or academic courses are offered annually in your country?

This question is relevant to indicator 1.2.3 of the Strategic Plan

1 per year or more

156. Has your country submitted the details of national biosafety experts to the Roster of Experts in the BCH?

157. 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 October 29, 2014, Minister of Finance and Minister of Natural Resources and Environment promulgated Joint Circular No. 160/2014/TTLT-BTC-BTNMT guiding the management, use and liquidation for regular expenditure using state budget to implement tasks and projects under the Vietnam National Biodiversity Strategy to 2020 with a vision to 2030. In which, there is a regulation on financing for scientific research, technology transfer in the field of biosafety management; detection and identification of GMOs, products and goods originating from GMOs; analysis, risk assessment and management of biosafety for GMOs.

Article 23 – Public awareness and participation

158. 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

159. Has your country designed and/or implemented an outreach/communication strategy on biosafety?

This question is relevant to indicator 5.3.2 of the Strategic Plan

160. Does your country have any awareness and outreach programmes on biosafety?

This question is relevant to indicator 5.3.1 of the Strategic Plan

162. Has your country established a biosafety website searchable archives, national resource centres or sections in existing national libraries dedicated to biosafety educational materials?

This question is relevant to indicators 2.5.3 and 5.3.3 of the Strategic Plan

163. 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?

This question is relevant to indicator 5.2.1 of the Strategic Plan

One or more

164. Has your country established a mechanism to ensure public access to information on living modified organisms that may be imported?

165. Has your country established a mechanism to consult the public in the decision-making process regarding LMOs?

This question is relevant to indicator 2.5.1 of the Strategic Plan

166. Has your country established a mechanism to make available to the public the results of decisions taken on LMOs?

This question is relevant to indicator 2.5.1 of the Strategic Plan

167. Has your country informed the public about existing modalities for public participation in the decision-making process regarding living modified organisms?

This question is relevant to indicator 2.5.2 of the Strategic Plan

168. If you answered Yes to question 167, please indicate the modalities used to inform the public:

This question is relevant to indicator 2.5.2 of the Strategic Plan

National website
Newspaper
Forums

169. If you indicated more than one modality for public participation in question 168, which one was most used?

This question is relevant to indicator 2.5.2 of the Strategic Plan

National website

170. Has your country taken any initiative to inform its public about the means of public access to the Biosafety Clearing-House?

171. How many academic institutions in your country are offering biosafety education and training courses and programmes?

This question is relevant to indicator 2.7.1 of the Strategic Plan

One or more

172. Please indicate the number of educational materials and/or online modules on biosafety that are available and accessible to the public in your country:

This question is relevant to indicators 2.7.2 and 5.3.4 of the Strategic Plan

5 or more

173. 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?

174. If you answered Yes to question 173, has your country cooperated with other States and international bodies?

175. 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?

More than 5

176. Here you may provide further details on the implementation of Article 23 in your country

* According to Decree number 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 (Vietnam BCH) of the Ministry of Natural Resources and Environment, and websites of relevant ministries.
* From 25 to 29 March, 2013 in Hanoi, Vietnam, The Ministry of Natural Resources and Environment of Vietnam and the CBD Secretariat co-organized the Asia-Pacific Regional Training Workshop on Public Awareness, Education and Participation concerning the safe transfer, handling and use of LMOs. Participants to the workshop come from Bangladesh, Bhutan, Cambodia, Fiji, Indonesia, South Korea, Laos, Malaysia, Maldives, Mongolia, Pakistan, the Philippines, Thailand, China, Vietnam and Yemen. The workshop was opened in the presence of Dr. Nguyen The Dong, Deputy Director General of Vietnam Environment Administration, Ministry of Natural Resources and Environment. Mr. Charles Gbedemah, Principal Officer, Biosafety Unit, CBD Secretariat, Mr. Erie Tamale, Program Officer, Biosafety Unit, CBD Secretariat, Dr. Pham Anh Cuong, Director of the Biodiversity Conservation Agency, Vietnam Environment Administration. This one-week long training workshop aims to introduce the participants to relevant concepts, tools, instruments and to discuss strategies for enhancing regional and sub-regional cooperation in implementing the program of work on public awareness, education and participation concerning the safe transfer, handling and use of LMOs. The workshop discussed about raising the understanding of the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress and to explore possible opportunities and challenges relating to its ratification and implementation.
* From 2011 up to now, Ministry of Natural Resources and Environment, relevant ministries and NGOs co-organized workshops, traning courses about public awareness, education and participation concerning the safe transfer, handling and use of GMOs.

Article 24 – Non-Parties

177. Has your country entered into any bilateral, regional, or multilateral agreement with non-Parties regarding transboundary movements of LMOs?

178. Has your country ever imported LMOs from a non-Party?

179. Has your country ever exported LMOs to a non-Party?

180. If you answered Yes to questions 178 or 179, were the transboundary movements of LMOs consistent with the objective of the Cartagena Protocol on Biosafety?

181. If you answered Yes to questions 178 or 179, was information about these transboundary movements submitted to the BCH?

Yes, always

183. Here you may provide further details on the implementation of Article 24 in your country:

So far, Vietnam is only imported from USA some GM maize seed for confined trials and large scale trials.

Article 25 – Illegal transboundary movements

184. 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?

185. Has your country established a strategy for detecting illegal transboundary movements of LMOs?

186. 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?

If you replied Never to question 186 please go to question 191

Never

191. Here you may provide further details on the implementation of Article 25 in your country

Decree number 179/2013/ND-CP on the sanction of administrative violations in the domain of environmental protection, was issued by the Vietnam's Government in November 14, 2013. This decree clarifies punishment mechanisms for violation to the rules of production, sales, import, store, transport of GMOs and products from GMOs (Article 48).

Article 26 – Socio-economic considerations

192. Does your country have any specific approaches or requirements that facilitate how socio-economic considerations should be taken into account in LMO decision making?

This question is relevant to indicator 1.7.2 of the Strategic Plan

193. 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

194. 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?

This question is relevant to indicator 1.7.1 of the Strategic Plan

One or more

196. Has your country cooperated with other Parties on research and information exchange on any socio-economic impacts of LMOs?

197. Here you may provide further details on the implementation of Article 26 in your country

Minister of Agricultural and Rural development promulgated the Circular number 72/2009/TT-BNNPTNT on the "List of permitted GM crops for conducting risk assessment to biodiversity and environment for intended using as variety in Vietnam". List of GM crops are including: Corn (Zea mays L.), Cotton (Gossypium spp.) and Soybean [Glycline max (L.) Merrill]

Article 27 – Liability and Redress

198. Has your country ratified or acceded to the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress?

200. 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?

This question is relevant to indicator 2.4.1 of the Strategic Plan

201. Does your country have administrative or legal instrument that provide for response measures for damage to biodiversity resulting from living modified organisms?

This question is relevant to indicators 1.5.2 and 2.4.2 of the Strategic Plan

202. 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. On February 12, 2014, Vietnam's Government was issued Decision number 10/NQ-CP on entering into the Nagoya - Kuala Lumpur Supplementary Protocol on Liability and Redress under the Cartagena Protocol on Biosafety. On April 23, 2014, Vietnam officially became the 23rd member of the Nagoya - Kuala Lumpur Supplementary Protocol. After accession, Vietnam developed roadmap for implementation of the Nagoya Kuala Lumpur Supplementary Protocol in Vietnam to 2020, including to build institutions and policies and strengthen capacity to implement the Supplementary Protocol.
*) In November 14, 2013 The Vietnam's Government promulgated Decree number 179/2013/ND-CP on the sanction of administrative violations in the domain of environmental protection. This decree clarifies punishment mechanisms for violation to the rules of scientific research, technological development, field trial, production, sales, import, store, transport of GMOs and products from GMOs (Article 47 and 48).

Article 28 – Financial Mechanism and Resources

203. 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?

This question is relevant to indicator 1.2.5 of the Strategic Plan

100,000 USD or more

Article 33 – Monitoring and reporting

204. Does your country have in place a monitoring and/or an enforcement system for the implementation of the Cartagena Protocol?

This question is relevant to indicator 3.1.6 of the Strategic Plan

a) Monitoring system:

b) Enforcement system:

205. Has your country submitted all the previous due National Reports?

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 in Vietnam for the period 2011-2015.