Biodiversity Law 2008 (20/2008/QH12)

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented in some articles according to Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Biodiversity.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for the conservation and sustainable development of biodiversity; the rights and obligations of organizations, households, and individuals in the conservation and sustainable development of biodiversity.

Article 2. Subjects of application

This Law applies to domestic organizations, households, and individuals, overseas Vietnamese, and foreign organizations and individuals who have activities directly or related to the conservation and sustainable development of biodiversity in Vietnam.

Article 3. Interpretation of terms

In this Law, the terms below are understood as follows:

1. Biodiversity conservation is the protection of the richness of important, characteristic, or representative natural ecosystems; the protection of the regular or seasonal natural habitats of wildlife, environmental landscapes, and the unique beauty of nature; the breeding, planting, and care of species listed as endangered, precious, or rare that are prioritized for protection; and the long-term preservation and maintenance of genetic specimens.

2. In-situ conservation is the conservation of wildlife species in their natural habitats; the conservation of endemic and valuable crop plants and livestock within their living environments, where the characteristic traits of these species are formed and developed.

3. Ex situ conservation is the conservation of wildlife species outside their regular or seasonal natural habitats; the conservation of endemic or valuable cultivated plants and livestock outside their habitats, where the characteristics specific to them are formed and developed; and the preservation and storage of genetic resources and specimens in scientific and technological institutions or facilities for storing and preserving genetic resources and specimens.

4. Biodiversity conservation facilities are facilities for caring for, nurturing, rescuing, and breeding wildlife species, plants, livestock, microorganisms, and fungi that are endemic and valuable; and for preserving and storing genetic resources and specimens to serve the purpose of biodiversity conservation and development.

5. Biodiversity is the richness of genes, species, and ecosystems in nature.

6. Risk assessment due to genetically modified organisms and genetic material of genetically modified organisms on biodiversity is the determination of potential hazardous properties and the possible extent of damage in activities involving genetically modified organisms, genetic material of genetically modified organisms, especially the use and release of genetically modified organisms and genetic material of genetically modified organisms.

7. A gene is a unit of heredity, a segment of genetic material that determines specific characteristics of an organism.

8. A biodiversity corridor is an area connecting natural ecological regions that allows species living in those ecological regions to interact with each other.

9. An ecosystem is the community of organisms and the non-living factors of a specific geographic area, interacting with each other and exchanging matter.

10. A natural ecosystem is an ecosystem that forms and develops according to natural laws, still retaining primitive features.

11. A new natural ecosystem is a newly formed and developed ecosystem in alluvial areas at river mouths along the coast, areas with deposited silt, and other land areas.

12. A nature reserve (hereinafter referred to as a reserve) is a geographical area with established boundaries and functional zones for biodiversity conservation.

13. Wild species are species of animals, plants, microorganisms, and fungi that live and develop according to natural laws.

14. Endangered species are species that are at risk of complete population decline.

15. Extinct in the wild species are species that only exist in artificial cultivation or breeding conditions outside their natural distribution.

16. Endemic species are species that only exist and develop within a narrow distribution range and are limited to a specific territory of Vietnam, and have not been recorded to exist elsewhere in the world.

17. Migratory species are animal species whose entire population or part of it moves regularly, periodically, or seasonally from one geographic area to another.

18. Alien species are organisms that appear and develop in areas that are not their natural habitat.

19. Invasive alien species are alien species that occupy habitats or cause harm to native organisms, disrupting the ecological balance where they appear and develop.

20. Endangered, precious, and rare species that are prioritized for protection are wild species, crop varieties, domestic animal breeds, microorganisms, and fungi that are endemic and have special value in science, medicine, economy, ecology, landscape, environment, or culture-history, whose numbers are low or are threatened with extinction.

21. Genetic specimens are plant, animal, microorganism, and fungal samples that carry functional genetic units still capable of regeneration.

22. Genetic resources include species of organisms, genetic specimens in reserves, biodiversity conservation facilities, scientific research and technology development facilities, and in nature.

23. Sustainable biodiversity development is the exploitation and reasonable use of natural ecosystems, the development of genetic resources and species of organisms, and ensuring ecological balance to serve socio-economic development.

24. The release of genetically modified organisms is the deliberate introduction of genetically modified organisms into the natural environment.

25. Risk management is the implementation of safety measures to prevent, handle, and mitigate risks to biodiversity in activities related to genetically modified organisms and genetic specimens of genetically modified organisms.

26. A population of organisms is a group of individuals of the same species living and developing in a certain area.

27. Genetically modified organisms are organisms whose genetic structure has been altered through gene transfer technology.

28. Traditional knowledge about genetic resources is the understanding, experience, and initiatives of local people regarding the conservation and use of genetic resources.

29. Access to genetic resources is the activity of investigating and collecting genetic resources for research, development, and commercial product production.

30. A buffer zone is an area surrounding and adjacent to a conservation area, functioning to prevent and mitigate negative external impacts on the conservation area.

Article 4. Principles of conservation and sustainable development of biodiversity

1. Biodiversity conservation is the responsibility of the State and all organizations and individuals.

2. Harmoniously combine conservation with the exploitation and reasonable use of biodiversity; combine the conservation, exploitation, and reasonable use of biodiversity with hunger eradication and poverty reduction.

3. In-situ conservation is primary, combined with ex-situ conservation.

4. Organizations and individuals benefiting from the exploitation and use of biological diversity must share benefits with the relevant parties; ensuring harmony between the interests of the State and the interests of organizations and individuals.

5. Ensure the management of risks caused by genetically modified organisms and genetic material of genetically modified organisms to biodiversity.

Article 5. State policy on conservation and sustainable development of biological diversity

1. Prioritize the conservation of important, distinctive, or representative natural ecosystems of an ecological region, and the conservation of species listed as endangered, precious, or rare that are prioritized for protection; ensure control over access to genetic resources.

2. Ensure funding for activities such as basic surveys, monitoring, statistics, building a database on biodiversity, and biodiversity conservation planning; invest in technical and material facilities for protected areas and state biodiversity conservation facilities; ensure the participation of local people in the process of developing and implementing biodiversity conservation plans.

3. Encourage and ensure the legal rights and interests of organizations and individuals investing in and applying scientific and technological advances, as well as traditional knowledge, to the conservation and sustainable development of biodiversity.

4. To develop ecotourism in association with hunger eradication and poverty reduction, ensuring the stability of the lives of households and individuals lawfully living in conservation zones; to sustainably develop buffer zones of conservation zones.

5. To promote domestic and foreign resources for the conservation and sustainable development of biodiversity.

Article 6. Responsibilities for state management of biodiversity

1. The Government shall perform the unified state management of biodiversity.

2. The Ministry of Natural Resources and Environment shall be responsible to the Government for performing the state management of biodiversity.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, perform the state management of biodiversity as assigned by the Government.

4. People's Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of biodiversity according to the Government's decentralization.

Article 7. Prohibited acts related to biodiversity

1. Hunting, catching, and exploiting wildlife in the strictly protected zone of the reserve, except for scientific research purposes; encroaching on land, destroying landscapes, damaging natural ecosystems, and cultivating invasive alien species within the reserve.

2. Constructing works or houses in the strictly protected zone of the reserve, except for works serving national defense and security purposes; illegally constructing works or houses in the ecological restoration zone of the reserve.

3. Investigating, surveying, exploring, and exploiting minerals; raising livestock and poultry on a farm scale, cultivating aquaculture on an industrial scale; illegal residence, causing environmental pollution in the strictly protected zone and the ecological restoration zone of the reserve.

4. Illegally hunting, fishing, exploiting body parts, killing, consuming, transporting, buying and selling species on the list of endangered, precious and rare species prioritized protection; illegally advertising, marketing and consuming products originating from species on the list of endangered, precious and rare species prioritized protection.

5. Illegally rearing, rearing and artificially cultivating wild animals and plants on the list of endangered, precious and rare species prioritized protection.

6. Illegally importing or releasing genetically modified organisms or genetic specimens of genetically modified organisms.

7. Importing and developing invasive alien species.

8. Illegally accessing genetic resources on the list of endangered, precious and rare species prioritized protection.

9. Illegally converting land use purposes in conservation zones.

Chapter II. BIODIVERSITY CONSERVATION PLANNING

Section 1. NATIONAL MASTER PLAN FOR BIODIVERSITY CONSERVATION

Article 8. Basis for developing the national master plan for biodiversity conservation

1. Socio-economic, defense, and security development strategies.

2. Environmental protection strategy.

3. Land use planning, sectoral and field development planning.

4. Results of basic surveys on biodiversity, natural conditions, socio-economic conditions.

5. Results of the implementation of previous biodiversity conservation plans.

6. Current status and forecast of demand for exploitation and use of biodiversity.

7. Resources for implementing the plan.

Article 9. Contents of the national master plan for biodiversity conservation

1. Directions and objectives for biodiversity conservation.

2. Assessment of natural conditions, socio-economic conditions, current biodiversity status; land use planning, sectoral and field development planning at local levels; resources for implementing the plan.

3. Geographical location, boundaries, organizational management measures, protection of biodiversity corridors.

4. Geographical location, area, ecological functions, organizational management measures, protection and sustainable development of natural ecosystems.

5. Geographical location, area, boundaries, and maps of areas proposed for the establishment of nature reserves, types of nature reserves; measures for managing nature reserves; solutions to stabilize the lives of households and individuals legally living in the nature reserves.

6. Conservation relocation needs; types, quantities, distribution, and development plans for biodiversity conservation facilities.

7. Strategic environmental assessment of biodiversity conservation master planning projects.

8. Organization of implementation of biodiversity conservation planning.

Article 10. Formulation, approval, and adjustment of the national master plan for biodiversity conservation, and the biodiversity conservation plans of ministries and ministerial-level agencies.

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and ministerial-level agencies to organize the preparation and submit to the Government for approval, adjustment of the national overall biodiversity conservation plan.

2. Ministries and ministerial-level agencies, based on the national overall biodiversity conservation plan, shall organize the preparation, approval, and adjustment of biodiversity conservation plans within their management scope.

3. The Government shall specify the procedures for preparing, approving, and adjusting the overall biodiversity conservation plan prescribed in this Article.

Article 11. Publication and implementation of the national overall biodiversity conservation plan.

1. Within 30 days from the date of approval by the Government, the Ministry of Natural Resources and Environment, ministries, and ministerial-level agencies concerned are responsible for publishing the national biodiversity conservation master plan on the electronic information portals of the Ministry of Natural Resources and Environment, ministries, and ministerial-level agencies concerned; the People's Committees of provinces and centrally-run cities (hereinafter collectively referred to as provincial-level People's Committees) concerned shall publish the national biodiversity conservation master plan on the electronic information portals of the provincial-level People's Committees and at the headquarters of the relevant People's Committees at all levels.

2. The organization and implementation of the national biodiversity conservation master plan are prescribed as follows:

a) The Ministry of Natural Resources and Environment shall take the lead in coordinating with relevant ministries and ministerial-level agencies to direct the organization of the implementation of the national overall biodiversity conservation planning;

b) Ministries and ministerial-level agencies shall organize the implementation of the national overall biodiversity conservation planning within their management scope;

c) The People's Committee at the provincial level shall organize the implementation of the national overall biodiversity conservation planning in their locality;

d) During the organization and implementation of the planning, in case of differences between the national overall biodiversity conservation planning and the land use planning of provinces or centrally-run cities, or sectoral planning, except for national defense and security planning, priority shall be given to implementing the biodiversity conservation planning.

Section 2. BIODIVERSITY CONSERVATION PLANNING OF PROVINCES AND CENTRALLY-RUN CITIES

Article 12. Basis for developing the biodiversity conservation plan of provinces and centrally-run cities

1. Local socio-economic development, national defense, and security plans.

2. National overall biodiversity conservation plan.

3. Land use planning of the province or centrally-run city.

4. Results of implementing the previous biodiversity conservation plan of the province or centrally-run city.

5. Current state of biodiversity, natural conditions, and specific socio-economic conditions of the locality where the conservation area is proposed to be established.

6. Local needs for biodiversity conservation and exploitation.

7. Resources for implementing the plan.

Article 13. Contents of the biodiversity conservation plan of provinces and centrally-run cities

1. Directions and goals for biodiversity conservation of the province or centrally-run city.

2. Assess the current status of biodiversity, natural conditions, socio-economic conditions in the area planned for the establishment of the provincial-level reserve.

3. Geographical location, area, boundaries, and map of the area planned for the establishment of the reserve, type of reserve; measures for organizing and managing the reserve; solutions to stabilize the lives of households and individuals legally residing in the reserve.

4. Conservation relocation needs; types, quantity, distribution, and development plan of biodiversity conservation facilities of the province or centrally-run city.

5. Implementation of biodiversity conservation planning of the province or centrally-run city.

Article 14. Formulation, appraisal, approval, and adjustment of biodiversity conservation planning of the province or centrally-run city.

1. The provincial-level People's Committee shall organize the formulation, appraisal, and adjustment of the provincial biodiversity conservation plan and submit it to the corresponding People's Council for approval.

2. The Government shall regulate the order and procedures for the formulation, appraisal, approval, and adjustment of the provincial biodiversity conservation plan.

Article 15. Publication and organization of the implementation of the provincial biodiversity conservation plan

1. Within 30 days from the date of approval by the People's Council, the provincial-level People's Committee shall be responsible for publishing the provincial biodiversity conservation plan on the electronic information portal of the provincial People's Committee and at the headquarters of the relevant People's Committees at all levels.

2. The provincial-level People's Committee organizes the implementation of the province's biodiversity conservation planning, and for centrally-run cities.

Chapter III. CONSERVATION AND SUSTAINABLE DEVELOPMENT OF NATURAL ECOSYSTEMS

Section 1. PROTECTED AREAS

Article 16. Protected areas, classification of protected areas

1. Protected areas include:

a) National parks;

b) Nature reserves;

c) Species-habitat conservation areas;

d) Landscape protection areas.

2. Based on the level of biodiversity, biodiversity value, and area size, protected areas are classified into national and provincial levels to have appropriate management and investment policies.

3. Protected areas must be surveyed and inventoried for their area; their locations must be established on land-use maps or coordinates determined on the sea surface.

4. The Government shall specify the criteria for classifying protected areas.

Article 17. National parks

National parks must have the following main criteria:

1. Having a natural ecosystem that is important to the nation, internationally, distinctive, or representative of a natural ecological region;

2. Being a regular or seasonal habitat of at least one species listed in the Catalogue of endangered, precious, or rare species prioritized for protection;

3. Having special value for science and education;

4. Having environmental landscapes, unique natural beauty, and ecotourism value.

Article 18. Nature Reserve

1. A nature reserve includes:

a) National nature reserves;

b) Provincial nature reserves.

2. A national nature reserve must meet the following main criteria:

a) Having a natural ecosystem that is important to the nation, internationally, distinctive, or representative of a natural ecological region;

b) Having special value for science, education, or ecotourism and recreation.

3. Provincial nature reserves are areas under the province or centrally-run city's biodiversity conservation planning with the purpose of preserving natural ecosystems in the local area.

Article 19. Species-Habitat Conservation Areas

1. Species-Habitat Conservation Areas include:

a) National-level species-habitat conservation areas;

b) Provincial-level species-habitat conservation areas.

2. National-level species-habitat conservation areas must meet the following main criteria:

a) Being a regular or seasonal natural habitat of at least one species listed in the list of endangered, precious, and rare species prioritized for protection;

b) Having special scientific and educational value.

3. Provincial-level species-habitat conservation areas are areas under the province or centrally-run city's biodiversity conservation planning with the aim of preserving wildlife in the local area.

Article 20. Landscape Protection Areas

1. Landscape protection areas include:

a) National-level landscape protection area;

b) Provincial-level landscape protection area.

2. National-level landscape protection areas must have the following main criteria:

a) Have a distinctive ecosystem;

b) Has environmental landscapes, unique natural beauty;

c) Has value for science, education, ecotourism, and relaxation.

3. Provincial-level landscape protection zone means an area subject to the biodiversity conservation planning of a province or centrally-run city for the purpose of protecting the landscape in the locality.

Article 21. Contents of projects on establishment of conservation zones

1. The purpose of biodiversity conservation; meeting the main criteria for establishing a protected area.

2. The current status of natural ecosystems, species listed as endangered, precious, and rare that are prioritized for protection, other wildlife species, environmental landscapes, and the unique beauty of nature.

3. Land and water area; current land and water use; the number of residents living in the proposed protected area; plan for conversion of land use purposes.

4. Extracts of maps, geographic location, and the proposed area for the establishment of the protected area.

5. Geographical location, area of the strict protection zone, ecological restoration zone, service - administrative zone; boundaries of each zone; plan for stabilizing life or relocating households and individuals from the area proposed for the establishment of the reserve.

6. Management plan of the reserve.

7. Organization of reserve management.

8. Geographical location, area, boundaries of the buffer zone of the area proposed for the establishment of the reserve.

9. Implementation of the project to establish the reserve.

Article 22. Preparation and appraisal of the project to establish a national reserve

1. The preparation and appraisal of the project to establish a national reserve shall be carried out according to the assignment and decentralization of the Government.

2. The order and procedures for preparing a project to establish a national reserve are prescribed as follows:

a) Organize the investigation and assessment of the current biodiversity status at the location proposed for the establishment of a conservation area according to the criteria for establishing a conservation area prescribed in Articles 17, 18, 19, and 20 of this Law, and prepare the project for establishing the conservation area;

b) Organize the collection of opinions from relevant ministries and ministerial-level agencies, People's Committees at all levels, and the legal resident community in the area proposed for the establishment of the conservation area or adjacent to the conservation area;

c) Organize the appraisal of the national-level conservation area establishment project and submit it to the Prime Minister for a decision.

3. The dossier for the national-level conservation area establishment project includes:

a) The proposal for establishing a conservation area from the agency preparing the national-level conservation area establishment project;

b) The conservation area establishment project with the contents prescribed in Article 21 of this Law;

c) Opinions of the state management agency in charge of the nature reserve as prescribed in Clause 1, Article 27 of this Law and opinions of relevant stakeholders as prescribed in Point b, Clause 2 of this Article;

d) The results of the appraisal of the project for the establishment of a national-level nature reserve.

Article 23. Decision on the establishment of a national-level nature reserve

1. The Prime Minister decides on the establishment of a national-level nature reserve.

2. The decision to establish a national-level nature reserve must contain the following main contents:

a) Geographic location, boundaries, area of the nature reserve and its buffer zone;

b) Geographic location, boundaries, area of strictly protected zones, ecological restoration zones, service - administrative zones;

c) Purpose of biodiversity conservation of the nature reserve;

d) Plan for the restoration of natural ecosystems within the nature reserve;

dd) Plans for stabilization or relocation of households and individuals living in conservation zones; plans for conversion of land use purposes in conservation zones;

e) Functions, tasks and organizational structure of the conservation zone management board.

3. Decisions on the establishment of national-level conservation zones shall be sent to the People's Committees at all levels of the localities where the conservation zones are located, the agencies formulating projects on the establishment of conservation zones under the provisions of Clause 1, Article 22 of this Law and the State agencies competent to manage the conservation zones specified in Clause 1, Article 27 of this Law.

Article 24. Formulation and appraisal of projects on establishment of conservation zones and decisions on establishment of provincial-level conservation zones

1. Based on the biodiversity conservation planning of the province or centrally-run city, the Provincial People's Committee shall decide to establish a provincial-level reserve after obtaining the opinions of the relevant People's Committees at all levels, the opinions of the legally residing community in the area proposed for the reserve or adjacent to the reserve, and the approval of the competent state authority managing the reserve as prescribed in Clause 1, Article 27 of this Law.

2. The competent state authority managing the reserve as prescribed in Clause 1, Article 27 of this Law shall preside and coordinate with the relevant ministries and ministerial-level agencies in stipulating the procedures and processes for developing and appraising the project to establish a provincial-level reserve; the content of the decision to establish a provincial-level reserve.

Article 25. Land use within the reserve

1. Based on the decision to establish a conservation area, the competent authority responsible for land allocation under the provisions of the Land Law shall allocate land to the Management Board of the conservation area or to another organization assigned to manage the conservation area.

2. The use of land and the change of land use purposes within the conservation area shall be carried out in accordance with the provisions of land law, this Law, and other relevant legal regulations.

Article 26. Functional zones and boundaries of the conservation area

1. The conservation area consists of the following functional zones:

a) Strict protection zone;

b) Ecological restoration zone;

c) Service - administrative zone.

2. The conservation area must be marked to establish boundaries; the strict protection zone within the conservation area must have its area and location identified on the ground or its coordinates specified at sea level.

3. The management board of the conservation area or the organization assigned to manage the conservation area shall take the lead in coordinating with the People's Committees at all levels where the conservation area is located to organize the marking of the conservation area's boundary.

Article 27. Responsibilities for managing the conservation area

1. Ministries, ministerial-level agencies, and provincial People's Committees shall organize the management of conservation areas according to the assignment and delegation of the Government.

2. The management of conservation areas must be carried out in accordance with the provisions of this Law and the regulations on the management of conservation areas.

Article 28. Organization of conservation area management

1. National-level conservation areas have a Management Board. The management board of a national-level conservation area is a public non-business unit that is financially autonomous or a public non-business unit that is not yet financially autonomous.

2. Based on the actual situation of the locality, the provincial-level conservation zone assigned to the management board is a financially autonomous public non-business unit or a public non-business unit that is not financially autonomous or an organization assigned to manage the conservation zone in accordance with law.

Article 29. Rights and responsibilities of management boards and organizations assigned to manage conservation zones

Conservation zone management boards and organizations assigned to manage conservation zones have the following rights and responsibilities:

1. To conserve biodiversity in accordance with the provisions of this Law and the regulations on management of conservation zones;

2. To formulate and submit to competent state management agencies for approval and organize the implementation of plans, programs and projects on investment in the restoration of natural ecosystems in conservation zones;

3. To manage scientific research activities, collection of genetic resources and genetic specimens; to monitor and organize the collection of information and data, to build databases and to make reports on the current status of biodiversity of conservation zones; to take measures to prevent and control epidemics in conservation zones;

4. To conduct business and joint ventures in the field of eco-tourism, scientific research, convalescence and other service activities in conservation zones in accordance with law;

5. Coordinate with forest rangers, environmental police, fire prevention and fighting police, and local authorities in biodiversity conservation within the reserve;

6. Share in the benefits from activities accessing genetic resources within the reserve;

7. Other rights and responsibilities as prescribed by law.

Article 30. Rights and obligations of households and individuals legally residing in the reserve

1. Households and individuals legally residing in the reserve have the following rights and obligations:

a) Exploit legitimate resources within the reserve in accordance with this Law, the reserve management regulations, and other relevant legal regulations;

b) Participate in and benefit from business and service activities within the reserve;

c) Enjoy preferential policies, support, compensation, and resettlement as prescribed by law;

d) Implement the reserve management regulations;

d) Other rights and obligations as prescribed by law.

2. The Government shall specifically regulate the implementation of this Article.

Article 31. Rights and obligations of organizations and individuals conducting lawful activities within the conservation area

Organizations and individuals conducting lawful activities within the conservation area have the following rights and obligations:

1. Exploit lawful resources within the conservation area according to the provisions of this Law, the management regulations of the conservation area, and other relevant legal regulations;

2. Access genetic resources, share benefits from accessing genetic resources, and conduct other lawful activities within the conservation area in accordance with legal provisions;

3. Comply with the management regulations of the conservation area;

4. Carry out other activities in accordance with the law;

5. Other rights and obligations as provided by law.

Article 32. Management of the buffer zone of the conservation area

1. The location and area of the buffer zone are specified in the decision establishing the nature reserve and must be identified on the current land use map or have coordinates determined on the sea surface.

2. All activities within the buffer zone must comply with the buffer zone management regulations issued by the Prime Minister.

3. Investment project owners within the buffer zone of the nature reserve must prepare an environmental impact assessment report for submission to the appraisal council in accordance with the law on environmental protection; a representative of the nature reserve management board must be included in the composition of the appraisal council.

In cases where investment projects in the buffer zone pose a potential risk of environmental incidents or the spread of hazardous waste, the decision to approve the environmental impact assessment report must determine a safety distance to avoid adversely affecting the conservation area and the organization assigned to manage the conservation area.

Article 33. Report on the biodiversity status of the conservation area

1. Every three years, the Management Board of the conservation area or the organization assigned to manage the conservation area is responsible for reporting the biodiversity status of the conservation area to the competent state authority managing the conservation area as stipulated in Clause 1, Article 27 of this Law.

2. The report on the biodiversity status of the conservation area must include the following main contents:

a) The current status, restoration status, and restoration plan of natural ecosystems within the conservation area;

b) The current situation and conservation plan for species listed as endangered, precious, and rare that are prioritized for protection within the reserve;

c) Requirements for biodiversity conservation within the reserve;

d) Current land use status within the reserve.

Section 2. SUSTAINABLE DEVELOPMENT OF NATURAL ECOSYSTEMS

Article 34. Surveying, assessing, and establishing sustainable development regimes for natural ecosystems

1. Natural ecosystems must be surveyed, assessed, and have sustainable development regimes established.

2. Natural forest ecosystems must be surveyed, assessed, and have sustainable development regimes established in accordance with the laws on forest protection and development and other relevant legal provisions.

3. Natural marine ecosystems must be surveyed, assessed, and have sustainable development regimes established in accordance with the laws on fisheries and other relevant legal provisions.

4. The natural ecosystems in natural wetlands, limestone mountainous areas, and unused land not subject to the provisions in Clauses 2 and 3 of this Article shall be investigated, assessed, and established a sustainable development regime in accordance with the provisions of Articles 35 and 36 of this Law and other relevant legal regulations.

Article 35. Sustainable development of natural ecosystems in natural wetlands

1. Natural wetlands are marshes, peatlands, or areas with water that is either permanent or temporary, including sea areas with a depth of no more than 6 meters at the lowest tide level.

2. The statistics and inventory of natural wetlands shall be conducted in accordance with the provisions of land law.

3. The provincial People's Committee shall investigate, compile statistics, inventory, and assess the current state of biodiversity, establish a sustainable development regime for natural ecosystems, and identify the location and area of natural wetland regions on land use maps or coordinates on the sea surface.

Article 36. Sustainable development of natural ecosystems in limestone mountain areas and unused land not belonging to forest ecosystems

1. Limestone mountain areas and unused land not belonging to forest ecosystems that have characteristic natural ecosystems or represent a region must be investigated, assessed for the current state of biodiversity, and have a sustainable development regime established.

2. The provincial People's Committee shall investigate, compile statistics, and assess the current state of biodiversity and establish a sustainable development regime for natural ecosystems in limestone mountain areas and unused land not belonging to forest ecosystems.

Chapter IV. CONSERVATION AND SUSTAINABLE DEVELOPMENT OF SPECIES

Section 1. PROTECTION OF SPECIES LISTED AS ENDANGERED, RARE, AND PRECIOUS

PRIORITY PROTECTED

Article 37. Species included in the List of endangered, precious, and rare species prioritized for protection

1. Species considered for inclusion in the List of endangered, precious, and rare species prioritized for protection include:

a) Endangered, precious, and rare wild animals and plants;

b) Endangered, precious, and rare crop varieties, livestock breeds, microorganisms, and fungi.

2. The government shall specify criteria for identifying species and the regime for managing and protecting species included in the list of endangered, precious, and rare species that are given priority protection; and shall issue the list of endangered, precious, and rare species that are given priority protection.

Article 38. Proposals for inclusion in or removal from the list of endangered, precious, and rare species that are given priority protection

1. Pursuant to the provisions of Article 37 of this Law, the following organizations and individuals may request species to be included in or removed from the List of endangered, precious and rare species prioritized protection:

a) Organizations and individuals implementing topics and projects on investigation and research on species of organisms in Vietnam;

b) Organizations and individuals assigned to manage forests, conservation zones, wetlands, seas and other natural ecosystems;

c) Associations, associations and other organizations in the field of science, technology and environment.

2. Requests for inclusion or removal from the list of endangered, precious and rare species prioritized protection must be made in a dossier and sent to relevant ministries and ministerial-level agencies for appraisal under the provisions of Clause 1, Article 39 of this Law.

3. A dossier of request for inclusion or removal from the List of endangered, precious and rare species prioritized protection comprises:

a) The common name, indigenous name or scientific name of the proposed species;

b) Distribution area, estimated number of individuals, living conditions and regular or seasonal natural habitat status of the proposed species;

c) Basic characteristics, endemics and special scientific, medical, economic, ecological, landscape, environmental or cultural-historical values of the proposed species;

d) Extinction threat of the proposed species;

dd) Management and protection regimes and other specific requirements;

e) Results of self-assessment and proposal for inclusion or removal from the List of endangered, precious and rare species prioritized protection.

Article 39. Appraisal of dossiers of request for inclusion or removal from the List of endangered, precious and rare species prioritized protection

1. Ministries and ministerial-level agencies, upon receiving a valid dossier, must organize a Council for appraising the dossier proposing the inclusion or removal from the List of endangered, precious, and rare species prioritized for protection and send it to the Ministry of Natural Resources and Environment to compile the List of endangered, precious, and rare species prioritized for protection to submit to the Government for a decision.

2. The Government shall stipulate in detail the sequence and procedures for appraising dossiers proposing the inclusion or removal from the List of endangered, precious, and rare species prioritized for protection.

Article 40. Decision on the inclusion or removal of species from the List of endangered, precious, and rare species prioritized for protection

1. The Government decides the inclusion or removal of species from the List of endangered and precious species prioritized for protection with the following main contents:

a) Species name;

b) Basic characteristics of the species;

c) Special management and protection regime.

2. The list of endangered, precious, and rare species that are prioritized for protection must be publicly announced through mass media.

3. Periodically once every 3 years or when needed, species listed in the List of endangered, precious, and rare species given priority for protection must be surveyed and evaluated for population to revise and supplement as necessary.

Article 41. Conservation of species listed in the List of endangered, precious, and rare species given priority for protection

1. Areas where species listed in the List of endangered, precious, and rare species given priority for protection live naturally on a regular or seasonal basis, as stipulated in point a, clause 1, Article 37 of this Law, must be surveyed and evaluated to develop a project for establishing a conservation area.

2. The State establishes or assigns organizations or individuals to establish biodiversity conservation facilities to conserve species listed in the List of endangered, precious, and rare species given priority for protection.

3. The introduction of species listed in the list of endangered, precious, rare species prioritized for protection into breeding or cultivation at biodiversity conservation facilities, and the release of species listed in the list of endangered, precious, rare species prioritized for protection from rescue facilities into their natural habitats, must be approved in writing by the competent state authority.

4. The Government shall specifically regulate the authority, order, and procedures for introducing species listed in the list of endangered, precious, rare species prioritized for protection into biodiversity conservation facilities or releasing them into their natural habitats.

Section 2. SUSTAINABLE DEVELOPMENT OF SPECIES

Article 42. Establishment of biodiversity conservation facilities

1. Biodiversity conservation facilities are established for the purpose of conserving biodiversity, scientific research, and ecotourism, including:

a) Facilities for breeding and cultivating species listed in the list of endangered, precious, rare species prioritized for protection;

b) Facilities for rescuing wildlife species;

c) Facilities for preserving plant varieties, livestock, microorganisms, and fungi that are endemic, endangered, precious, rare, and have special value in science, medicine, economy, ecology, landscape, environment, or cultural history; facilities for storing and preserving genetic resources and specimens.

2. Facilities that meet the following conditions are granted a certificate as a biodiversity conservation facility:

a) Land area, animal pens, and infrastructure meet the requirements for breeding, planting, and reproductive cultivation of species listed in the list of endangered, precious, and rare species prioritized for protection; wildlife rescue; preservation and conservation of genetic resources and specimens;

b) Technical staff with appropriate expertise;

c) Financial and management capacity of the biodiversity conservation facility.

3. The dossier for registering the establishment of a biodiversity conservation facility includes:

a) Registration application for the establishment;

b) Project of establishment;

c) Documents proving that the conditions specified in Clause 2 of this Article are met.

4. The provincial-level People's Committee shall issue certificates for biodiversity conservation facilities.

5. The Government shall specifically regulate the conditions for breeding or cultivating species listed in the List of Endangered, Precious, and Rare Species that are prioritized for protection, rescuing wild species, preserving plant, livestock, microorganism, and endemic fungal varieties, storing and preserving genetic resources and genetic samples, registering for establishment, issuance, and revocation of certificates for biodiversity conservation facilities.

Article 43. Rights and obligations of organizations and individuals managing biodiversity conservation facilities

1. Organizations and individuals managing biodiversity conservation facilities have the following rights:

a) To enjoy preferential policies and support mechanisms of the State in accordance with the law;

b) To receive and implement support projects from domestic organizations and individuals, as well as foreign organizations and individuals;

c) Enjoy revenues from tourism activities and other activities of the biodiversity conservation facility in accordance with the provisions of law;

d) Genetic resource access contracts and sharing of benefits arising from genetic resources under their management;

đ) Breeding, cultivating, reproducing, and rescuing species listed in the list of endangered, precious, and rare species prioritized for protection; preserving plant and animal breeds, microorganisms, and endemic fungi; preserving and storing genetic resources and genetic specimens;

e) Exchanging and donating species listed in the list of endangered, precious, and rare species prioritized for protection to serve the purposes of biodiversity conservation, scientific research, and ecotourism in accordance with the provisions of law;

g) Other rights as prescribed by law.

2. Organizations and individuals managing biodiversity conservation facilities have the following obligations:

a) Protect, nurture, and care for species listed in the Priority Protection List of endangered, precious, and rare species; preserve and maintain genetic resources and specimens;

b) Register and declare the origin of species listed in the Priority Protection List of endangered, precious, and rare species with the specialized agency of the provincial People's Committee;

c) Implement disease prevention measures, care regimes, and treatment for species at their facility;

d) Report annually in December to the provincial People's Committee on the status of species listed in the Priority Protection List of endangered, precious, and rare species at their facility;

e) Request the competent state agency specified in Clause 4, Article 41 of this Law to allow the introduction of species listed in the Priority Protection List of endangered, precious, and rare species into breeding or cultivation at their biodiversity conservation facility, or to release species listed in the Priority Protection List of endangered, precious, and rare species from their rescue facility into their natural habitat.

e) Other obligations as prescribed by law.

Article 44. Wild species banned from exploitation and wild species conditionally exploited in nature

1. The conditional exploitation of wild species in the wild shall comply with the provisions of the law on forest protection and development, the law on fisheries and other relevant law provisions.

2. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, specifying the protection of wild species banned from exploitation in the wild and the exploitation of wild species conditionally exploited in nature; periodically announcing the list of wild species banned from exploitation in the wild and the list of wild species subject to conditional exploitation in nature.

Article 45. Rearing and cultivation of species on the list of endangered, precious and rare species prioritized protection

1. Species listed in the list of endangered, precious, and rare species prioritized for protection are bred and cultivated at biodiversity conservation facilities for the purposes of biodiversity conservation, scientific research, and ecotourism in accordance with the provisions of this Law.

2. The breeding, rearing, cultivation, and artificial propagation of certain species listed in the list of endangered, precious, and rare species prioritized for protection at facilities for breeding, rearing, cultivation, and artificial propagation for commercial purposes shall be carried out in accordance with the provisions of the law.

Article 46. Exchange, export, import, purchase, sale, donation, possession, and transportation of species listed in the list of endangered, precious, and rare species prioritized for protection, and their genetic materials and products.

The exchange, export, import, purchase, sale, donation, storage, and transportation of species listed in the catalog of endangered, precious, and rare species prioritized for protection, as well as their genetic samples for the purposes of biodiversity conservation, scientific research, and ecotourism; and the exchange, export, import, purchase, sale, donation, and transportation of certain species listed in the catalog of endangered, precious, and rare species prioritized for protection and their products for commercial purposes, shall be carried out in accordance with specific regulations prescribed by the Government.

Article 47. Rescue of species listed in the catalog of endangered, precious, and rare species prioritized for protection

1. Individuals of species listed in the catalog of endangered, precious, and rare species prioritized for protection that lose their natural habitat, become disoriented, injured, or sick must be taken to a rescue facility for treatment, nurturing, care, and released back into their natural habitat.

2. Organizations and individuals who discover individuals of species listed in the list of endangered, precious, and rare species that are prioritized for protection which have lost their natural habitat, are lost, injured, or ill, are responsible for immediately reporting to the commune-level People's Committee or the nearest rescue facility. Upon receiving the information, the commune-level People's Committee must promptly report to the specialized agency of the provincial-level People's Committee or report to the nearest rescue facility.

3. Individuals of species listed in the list of endangered, precious, and rare species that are prioritized for protection, after being rescued and returned to a normal state, are considered for release back into their natural habitat. In cases where individuals of species listed in the list of endangered, precious, and rare species that are prioritized for protection have lost their natural habitat, they are considered for breeding or planting at a suitable biodiversity conservation facility.

4. The Government stipulates specific regulations on the rescue of wild species listed in the list of endangered, precious, and rare species that are prioritized for protection.

Article 48. Protection of endemic or valuable plant and animal breeds that are threatened with extinction

1. The Ministry of Agriculture and Rural Development shall take the lead in coordinating with ministries and ministerial-level agencies to organize surveys and assessments of endemic or valuable plant and animal breeds that are threatened with extinction for inclusion in the List of endangered, precious, and rare species prioritized for protection.

2. Access to genetic resources of endemic or valuable plant and animal breeds that are threatened with extinction shall be carried out in accordance with the provisions in Section 1 and Section 2 of Chapter V of this Law and other relevant legal regulations.

Article 49. Protection of endemic or valuable microorganisms and fungi that are threatened with extinction

1. The Ministry of Agriculture and Rural Development shall take the lead in coordinating with relevant ministries and ministerial-level agencies to conduct surveys, assessments, collection, and preservation of endemic or valuable microorganisms and fungi that are at risk of extinction to include them in the List of endangered, precious, and rare species prioritized for protection.

2. Access to the genetic resources of endemic or valuable microorganisms and fungi that are at risk of extinction shall be carried out in accordance with the provisions in Section 1 and Section 2 of Chapter V of this Law and other relevant legal regulations.

Section 3. CONTROL OF INVASIVE ALIEN SPECIES

Article 50. Survey and compilation of the List of invasive alien species

1. Invasive alien species include known invasive alien species and alien species at risk of invasion.

2. The provincial-level People's Committee shall organize investigations to establish a List of invasive alien species in the area and report to the Ministry of Natural Resources and Environment and the Ministry of Agriculture and Rural Development.

3. The Ministry of Natural Resources and Environment shall take the lead in coordinating with the Ministry of Agriculture and Rural Development, other ministries and ministerial-level agencies, and provincial-level People's Committees to conduct investigations, identify invasive alien species, appraise, and issue the List of invasive alien species.

Article 51. Control of the import of invasive alien species and the intrusion from outside of alien species

1. The customs authority shall take the lead in coordinating with the competent authorities at border gates to inspect, detect, and handle violations in the import of species listed in the List of invasive alien species.

2. The provincial People's Committee shall coordinate with competent authorities to organize inspections and assess the invasiveness of alien species from outside to implement measures for preventing and controlling invasive alien species.

Article 52. Control of the cultivation of alien species with a risk of invasiveness

1. The cultivation of alien species with a risk of invasiveness shall only be carried out after the results of testing show that the alien species does not pose a risk to biodiversity and a permit is issued by the provincial People's Committee.

2. The cultivation and development of alien species within a nature reserve shall only be carried out after the results of testing show that the alien species does not pose a risk to the biodiversity of the nature reserve and must be permitted by the provincial People's Committee.

3. The Ministry of Natural Resources and Environment shall take the lead in coordinating with the Ministry of Agriculture and Rural Development, ministries, and ministerial-level agencies concerned to regulate the testing and licensing for cultivation and development of alien species.

Article 53. Controlling the spread and development of invasive alien species

1. The State invests in and encourages organizations and individuals to invest in programs to isolate and eradicate species listed in the invasive alien species list.

2. The Provincial People’s Committee organizes investigations, determines distribution areas, and develops plans to isolate and eradicate species listed in the invasive alien species list in the locality.

3. Organizations and individuals who detect invasive alien species must immediately notify the nearest commune-level People’s Committee. Upon receiving the notification, the commune-level People’s Committee must promptly report to the directly superior authority or the specialized agency of the provincial-level People’s Committee to take control measures.

Article 54. Public disclosure of information on invasive alien species

1. The Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, and the Provincial People's Committees are responsible for publicly disclosing the List of Invasive Alien Species, information on the distribution areas, and the extent of harm caused by invasive alien species on their electronic information portals.

2. Customs authorities and competent authorities at border gates are responsible for posting the List of Invasive Alien Species at border gates.

3. Mass media agencies are responsible for reporting and propagating information about invasive alien species and measures to control, isolate, and eradicate invasive alien species.

Chapter V. CONSERVATION AND SUSTAINABLE DEVELOPMENT OF GENETIC RESOURCES

Section 1. MANAGEMENT, ACCESS TO GENETIC RESOURCES, AND SHARING OF BENEFITS FROM GENETIC RESOURCES

Article 55. Genetic resource management

1. The State unifies management of all genetic resources within the territory of Vietnam.

2. The State shall assign organizations and individuals to manage genetic resources according to the following provisions:

a) Management boards of conservation zones and organizations assigned to manage conservation zones shall manage genetic resources in conservation zones;

b) Owners of biodiversity conservation establishments, scientific research and technological development establishments, genetic resource preservation and preservation establishments shall manage genetic resources under their establishments;

c) Organizations, households and individuals assigned to manage and use land, forests and water surfaces for management of genetic resources within the scope of their assigned management and use;

d) Commune-level People's Committees shall manage genetic resources in their localities, except for the cases specified at Points a, b and c of this Clause.

Article 56. Rights and obligations of organizations, households and individuals assigned to manage genetic resources

1. Organizations and individuals assigned to manage genetic resources have the following rights:

a) Investigation and collection of genetic resources assigned for management;

b) Exchange, transfer, and provide the managed genetic resources to other organizations and individuals according to the provisions of law;

c) Enjoy the benefits that arise from organizations and individuals accessing the shared genetic resources as stipulated in Articles 58 and 61 of this Law.

2. Organizations and individuals assigned to manage genetic resources have the following obligations:

a) Notify the competent state management agency about activities involving exchange, transfer, and provision of genetic resources to other organizations and individuals for the purpose of research, development, and commercial product production;

b) Conclude access and benefit-sharing contracts with the organizations and individuals granted access to genetic resources as prescribed in Article 59 of this Law;

c) Control the investigation and collection of genetic resources by organizations and individuals granted access to genetic resources;

d) Be responsible before the law and the competent state management agency for the management of genetic resources.

Article 57. Procedures for accessing genetic resources

The procedures for accessing genetic resources are regulated as follows:

1. Registering for access to genetic resources;

2. A written contract with the organization, household, or individual assigned to manage the genetic resources regarding access to genetic resources and benefit-sharing as prescribed in Articles 58 and 61 of this Law;

3. Requesting a permit for access to genetic resources as prescribed in Article 59 of this Law.

4. The Government shall specifically regulate the procedures for accessing genetic resources.

Article 58. Contract on access to genetic resources and benefit-sharing

1. After registration, organizations or individuals wishing to access genetic resources must conclude a written contract with the organization, household, or individual assigned to manage the genetic resources regarding access to genetic resources and benefit-sharing.

2. The contract on access to genetic resources and benefit-sharing must be confirmed by the People's Committee of the commune where the access to genetic resources is carried out.

3. The contract for access to genetic resources and benefit-sharing must include the following main contents:

a) The purpose of accessing genetic resources;

b) The accessed genetic resources and the collected quantity;

c) Location of access to genetic resources;

d) Plan for access to genetic resources;

d) The transfer to a third party of investigation results and the collection of genetic resources;

e) Research and development activities and the production of commercial products from genetic resources;

g) Parties involved in research, development, and production of commercial products from genetic resources;

h) Locations where research, development, and production of commercial products from genetic resources are conducted;

i) Share the benefits obtained with the State and relevant parties, including the division of intellectual property rights over creative results based on access to genetic resources and traditional knowledge about genetic resources.

4. The contract on access to genetic resources and benefit-sharing must be submitted to the People's Committee of the commune where the access to genetic resources is carried out and to the state authority competent to grant the genetic resource access permit as prescribed in Article 59 of this Law.

5. Disputes and complaints related to access to genetic resources and benefit-sharing are resolved in accordance with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

Article 59. Genetic Resource Access Permit

1. The conditions for organizations and individuals to be granted a genetic resource access permit include:

a) Registration with the competent state management agency;

b) Having signed contracts on access to genetic resources and benefit-sharing with organizations, households and individuals assigned to manage genetic resources;

c) Access to genetic resources does not fall into one of the cases specified in Clause 4 of this Article.

2. A dossier of application for a license for access to genetic resources comprises:

a) An application for access to genetic resources;

b) A copy of the contract on access to genetic resources and benefit sharing with organizations, households and individuals assigned to manage genetic resources.

3. A license for access to genetic resources must contain the following principal contents:

a) Purpose of use of genetic resources;

b) The accessed genetic resources and the collected quantity;

c) Location of access to genetic resources;

d) Activities to be carried out related to genetic resources;

dd) Periodically report on results of research, development and production of commercial products related to access genetic resources.

4. Cases of refusal to grant licenses for access to genetic resources include:

a) Genetic resources of species listed in the List of endangered, precious, and rare species shall be given priority for protection, except in cases permitted by the competent state authority;

b) The use of genetic resources that may pose risks to humans, the environment, security, national defense, and national interests.

5. In cases for the sake of national interests or community interests, competent state management agencies have the right to grant access licenses to genetic resources without needing the consent of the organizations, households, or individuals assigned to manage the genetic resources.

6. The Government shall specifically regulate the authority, procedures, and processes for granting access licenses to genetic resources.

Article 60. Rights and obligations of organizations and individuals granted access licenses to genetic resources

1. Organizations and individuals granted access licenses to genetic resources have the following rights:

a) To investigate, collect genetic resources, and conduct other activities as stipulated in the access license to genetic resources;

b) Export genetic resources not listed in the Catalogue of genetic resources prohibited from export out of the territory of Vietnam in accordance with the provisions of law;

c) Conduct business with products produced from genetic resources permitted to be accessed;

d) Other rights as prescribed by the genetic resource access permit, the genetic resource access contract, and benefit-sharing.

2. Organizations and individuals granted a genetic resource access permit have the following obligations:

a) Comply with the provisions of the genetic resource access permit;

b) Report in writing to the competent authority that issued the genetic resource access permit on the results of research and development, and the production of commercial products within the time limits prescribed in the genetic resource access permit;

c) Sharing of benefits obtained with related parties, including the division of intellectual property rights to creative results on the basis of access to genetic resources and copyright of traditional knowledge on genetic resources;

d) Other obligations as prescribed in licenses for access to genetic resources, contracts on access to genetic resources and sharing of benefits.

Article 61. Sharing benefits from access to genetic resources

1. Benefits obtained from access to genetic resources must be shared among the following parties:

a) The State;

b) Organizations, households and individuals assigned to manage genetic resources;

c) Organizations and individuals granted licenses for access to genetic resources and other related parties specified in licenses for access to genetic resources.

2. Benefits obtained from access to genetic resources must be shared on the basis of contracts on access to genetic resources and benefit-sharing and other relevant provisions of law.

3. The government stipulates specific regulations on the management and sharing of benefits obtained from access to genetic resources.

Chapter 2. PRESERVATION AND CONSERVATION OF GENETIC MATERIAL SAMPLES; ASSESSMENT OF GENETIC RESOURCES; MANAGEMENT OF INFORMATION ON GENETIC RESOURCES; COPYRIGHT OF TRADITIONAL KNOWLEDGE ON GENETIC RESOURCES

Article 62. Preservation and conservation of genetic material samples

1. Ministries and ministerial-level agencies, within the scope of their tasks and powers, shall organize the long-term preservation and conservation of genetic material samples of species listed as endangered, precious, and rare that are prioritized for protection, as well as imported species used for research, propagation, breeding, application, and development of genetic resources.

2. Organizations and individuals that detect and store genetic specimens of species on the list of endangered, precious and rare species prioritized for protection that have become extinct in nature shall report them to commune-level People's Committees. After receiving information, commune-level People's Committees shall immediately report to specialized natural resources and environment agencies of provincial-level People's Committees for handling measures.

3. The State encourages organizations and individuals to invest in the long-term preservation and preservation of genetic specimens in order to form gene banks in service of biodiversity conservation and socio-economic development.

Article 63. Investigation, collection, assessment, provision and management of information on genetic resources

1. Ministries and ministerial-level agencies shall organize the implementation of programs on investigation, collection, assessment and development of databases on genetic resources under their management and provide information on databases on genetic resources to the Ministry of Natural Resources and Environment.

The Ministry of Natural Resources and Environment shall unify the management of the national database on genetic resources.

2. The State encourages organizations and individuals to conduct surveys, collect, evaluate, and provide information on genetic resources to build a database on genetic resources and ensure the right to access the genetic resource database.

3. The Government shall specify the provision of information on genetic resources.

Article 64. Copyright of traditional knowledge on genetic resources

1. The State protects the copyright of traditional knowledge on genetic resources, encourages and supports organizations and individuals to register the copyright of traditional knowledge on genetic resources.

2. The Ministry of Science and Technology shall take the lead in coordinating with relevant ministries and ministerial-level agencies to guide procedures for registering the copyright of traditional knowledge on genetic resources.

Section 3. MANAGEMENT OF RISKS FROM GENETICALLY MODIFIED ORGANISMS, GENETIC MATERIALS OF GENETICALLY MODIFIED ORGANISMS TO BIODIVERSITY

Article 65. Responsibility for managing risks posed by genetically modified organisms and genetic material of genetically modified organisms to biodiversity

1. Responsibility for managing risks posed by genetically modified organisms and genetic material of genetically modified organisms to biodiversity is regulated as follows:

a) Organizations and individuals conducting research to create genetically modified organisms or genetic material of genetically modified organisms must register with the Ministry of Science and Technology and must meet the requirements regarding facilities, technology, and professional personnel as prescribed by the Ministry of Science and Technology;

b) Organizations and individuals importing genetically modified organisms or genetic material of genetically modified organisms must obtain permission from the competent state authority;

c) Organizations and individuals that research, import, purchase, sell, or release genetically modified organisms, or genetic material of genetically modified organisms, must publicly disclose information about the level of risk and risk management measures in accordance with the provisions of Article 67 of this Law.

2. The Government shall specify the responsibilities of ministries, ministerial-level agencies, and organizations and individuals in managing the risks posed by genetically modified organisms or genetic material of genetically modified organisms to biodiversity.

Article 66. Preparation and appraisal of risk assessment reports on the risks posed by genetically modified organisms or genetic material of genetically modified organisms to biodiversity; issuance of safety certificates for genetically modified organisms or genetic material of genetically modified organisms in relation to biodiversity.

1. Organizations and individuals that research, create, import, or release genetically modified organisms, or genetic materials of genetically modified organisms, must prepare a risk assessment report on the impact of genetically modified organisms on biodiversity.

2. The risk assessment report on the impact of genetically modified organisms or genetic materials of genetically modified organisms on biodiversity must include the following main contents:

a) Description of the risk assessment measures;

b) Level of risk to biodiversity;

c) Risk management measures.

3. The risk assessment report on the impact of genetically modified organisms or genetic materials of genetically modified organisms on biodiversity must be appraised by the competent state management agency.

4. The Government shall specify the formulation and appraisal of reports on assessment of risks caused by genetically modified organisms and genetic specimens of genetically modified organisms to biodiversity and the issuance of certificates of safety of genetically modified organisms and genetic specimens of genetically modified organisms for biodiversity.

Article 67. Disclosure of information on the level of risks and measures to manage risks caused by genetically modified organisms and genetic specimens of genetically modified organisms to biodiversity

1. Organizations and individuals researching the creation, import, purchase, sale and release of genetically modified organisms and genetic specimens of genetically modified organisms must publicize information on the level of risks and risk management measures for biodiversity.

2. The Government shall specify the disclosure of information and risk management measures.

Article 68. Management of databases on genetically modified organisms, genetic material samples of genetically modified organisms related to biodiversity

1. The Ministry of Natural Resources and Environment shall unify the management of databases on genetically modified organisms and genetic materials of genetically modified organisms related to biodiversity; develop an electronic information portal on genetically modified organisms and genetic materials of genetically modified organisms related to biodiversity.

2. Organizations and individuals that research, create, import, buy, sell, or release genetically modified organisms and genetic materials of genetically modified organisms related to biodiversity must provide information to the Ministry of Natural Resources and Environment.

3. Organizations and individuals that research, create, or release genetically modified organisms and genetic materials of genetically modified organisms related to biodiversity must provide information to the People's Committee of the province where the genetically modified organisms and genetic materials of genetically modified organisms are researched, created, or released.

4. Organizations and individuals providing information about genetically modified organisms, genetic material samples of genetically modified organisms related to biodiversity must be responsible for the accuracy of the information they provide.

Chapter VI. INTERNATIONAL COOPERATION ON BIODIVERSITY

Article 69. International cooperation and implementation of international treaties on biodiversity

1. The State of the Socialist Republic of Vietnam commits to implementing international treaties on biodiversity to which the Socialist Republic of Vietnam is a party and to expanding cooperation on the conservation and sustainable development of biodiversity with countries, territories, organizations, and foreign individuals.

2. International cooperation on the conservation and sustainable development of biodiversity is carried out on the principles of equality, mutual benefit, non-interference in each other's internal affairs, for the purpose of conserving and sustainably developing biodiversity, ensuring ecological balance in Vietnam and on Earth.

3. The Ministry of Natural Resources and Environment shall be responsible for coordinating with ministries and ministerial-level agencies concerned to study and propose the negotiation, signing, and accession to international treaties on biodiversity.

4. The State encourages and facilitates Vietnamese organizations and individuals, overseas Vietnamese, and foreign organizations and individuals to implement international cooperation programs and projects on biodiversity.

Article 70. Cooperation with countries sharing borders with Vietnam

The State prioritizes cooperation with countries sharing borders with Vietnam through the following activities:

1. Exchange information, forecast situations, and fluctuations in biodiversity;

2. Coordinate the management of biodiversity corridors, cross-border migration routes of species; protect migratory species;

3. Participate in programs for biodiversity conservation and sustainable development, programs and projects to protect migratory species and biodiversity corridors.

Chapter VII. MECHANISMS AND RESOURCES FOR BIODIVERSITY CONSERVATION AND SUSTAINABLE DEVELOPMENT

Article 71. Basic investigation, scientific research, management of information and data on biodiversity

1. The State invests in basic investigation of natural ecosystems, wild species, crop varieties, livestock breeds, microorganisms and fungi, and valuable genetic resources serving biodiversity conservation and sustainable development.

2. The State invests in and encourages organizations and individuals to invest in scientific research serving the work of conservation, sustainable development of biodiversity, and socio-economic development.

3. Basic survey information and data, as well as scientific research results on biodiversity, must be collected and managed uniformly in the National Biodiversity Database.

4. Organizations and individuals involved in activities related to biodiversity are responsible for providing basic survey information and data, scientific research results as requested by the Ministry of Natural Resources and Environment, and for sharing biodiversity information in accordance with legal regulations.

5. The Ministry of Natural Resources and Environment shall provide specific regulations on basic survey activities, the provision, exchange, and management of biodiversity information; and uniformly manage the National Biodiversity Database.

Article 72. Biodiversity Reporting

1. Biodiversity reporting is a part of the national environmental report.

2. Biodiversity reports must contain the following main contents:

a) Current status and developments of major natural ecosystems;

b) Current status, distribution areas, estimated population numbers, characteristics of species listed in the category of endangered, precious, and rare species that are prioritized for protection, genetically modified organisms, and invasive alien species;

c) Current state of biodiversity conservation; pressures and challenges to biodiversity;

d) Requirements posed for biodiversity;

e) Assessment of the benefits of biodiversity conservation and sustainable development for socio-economic development;

f) Solutions and plans for biodiversity conservation.

3. The Ministry of Natural Resources and Environment shall take the lead in coordinating with relevant ministries and ministerial-level agencies to prepare reports on biodiversity.

Article 73. Finance for biodiversity conservation and sustainable development

1. Funding for biodiversity conservation and sustainable development is formed from the following sources:

a) State budget;

b) Investments and contributions of domestic and foreign organizations and individuals;

c) Revenues from environmental services related to biodiversity and other sources as prescribed by law.

2. Expenditures on development investment from the state budget for the conservation and sustainable development of biodiversity shall be used for the following purposes:

a) Basic surveys of biodiversity;

b) Restoration of natural ecosystems;

c) Conservation of species on the List of endangered, precious and rare species prioritized protection;

d) Investment in the construction, upgrading and renovation of the State's biodiversity conservation establishments;

dd) Implement programs on control, isolation and eradication of invasive alien species;

e) Other investments related to the conservation and sustainable development of biodiversity in accordance with law.

3. Regular expenditures from the state budget for the conservation and sustainable development of biodiversity are used for the following purposes:

a) Monitoring, compiling statistics, managing information and data on biodiversity; developing a database on biodiversity;

b) Organize the preparation of biodiversity status reports, reports on the status of nature reserves; develop and appraise biodiversity conservation planning, programs, and biodiversity conservation projects;

c) Formulate and appraise the list of endangered, precious and rare species prioritized protection, the list of invasive alien species, the list of wild species banned from exploitation in the wild, the list of wild species conditionally exploited in the wild, the list of genetic resources banned from export; investigate and assess populations in order to amend and supplement the list of endangered, precious and rare species prioritized protection;

d) Manage the State's conservation zones and biodiversity conservation establishments;

dd) Formulate and test models for conservation and sustainable development of biodiversity;

e) Propagating and educating the law, raising awareness of biodiversity conservation and sustainable development;

g) Training and fostering to improve professional qualifications in biodiversity;

h) International cooperation on conservation and sustainable development of biodiversity.

Article 74. Environmental services related to biodiversity

1. Organizations and individuals using environmental services related to biodiversity shall pay money to organizations and individuals providing services.

2. The Government shall specify environmental services related to biodiversity.

Article 75. Compensation for damage to biodiversity

1. Organizations and individuals that infringe upon conservation zones, biodiversity conservation establishments, plant varieties, domestic animals, endemic and valuable microorganisms and fungi, species on the list of endangered, precious and rare species prioritized protection or biodiversity corridors shall pay compensation for damage in accordance with law.

2. Compensation for damage caused by environmental pollution or degradation to biodiversity shall comply with law.

3. Compensation for biodiversity damage to the State shall be invested in biodiversity conservation and sustainable development activities in accordance with the provisions of this Law and other relevant legal regulations.

Chapter VIII. ENFORCEMENT PROVISIONS

Article 76. Transitional Provisions

1. National parks, nature reserves, species-habitat conservation areas, landscape protection areas, marine conservation areas, inland water conservation areas, and aquatic natural resource reserves that were established under the provisions of the Law on Forest Protection and Development and the Law on Fisheries before this Law takes effect, if they meet the criteria for establishing conservation areas under the provisions of this Law, shall not be required to issue a re-establishment decision.

2. Types of licenses and certificates already issued to biodiversity conservation facilities, breeding facilities, growth rearing, and artificial cultivation of endangered, precious, and rare wild animal and plant species before this Law takes effect, if in accordance with the provisions of this Law, shall remain valid.

Article 77. Effectiveness

This Law takes effect from July 1, 2009.

Article 78. Detailed regulations and guidelines for implementation

The Government shall provide detailed regulations and guidance for the implementation of the articles and clauses assigned in the Law; guide other necessary contents of this Law to meet the requirements of state management.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, 12th Session, 4th Meeting on November 13, 2008./.

CHAIRMAN OF THE NATIONAL ASSEMBLY

(Signed)

Nguyễn Phú Trọng