16/05/2018
Scientific significances and the importance of genetic resources
Genes are hereditary materials, a form of tangible resources (attributes of genetic resources) and invisible (knowledge related to genetic resources), of scientific significance and importance to the global community in general and to each country in particular. Biological gene resources are the genetic resources of all plants, animals, microorganisms and fungi, which are extremely important assets in economic and social development, and environmental protection.
Việt Nam has the unique characteristic, located in the North, the transition zone between the living creature flows, the bridge between biological communities (plants, animals, microorganisms, fungi). According to statistics, there are over 16,400 plant species in Việt Nam, including 13,400 vascular plant species, 3,000 lower plant species, and about 26,000 vertebrate and invertebrate species; 7,500 species of microorganisms and thousands of species of fungi distributed naturally on land, wetlands and seas, along with thousands of species, types of plants and animals tamed by human throughout the regions in the country. It is the biodiversity offering the richness of biological genetic resources, together with the indigenous knowledge of Vietnamese generations discovered and selected the precious genetic resources that are valuable in life.
Genetic diversity in nature and in the humane society in Việt Nam has been an invaluable resource contributing to the achievements of the agricultural, forestry, fishery and pharmaceutical sectors; the foundation of the food processing industry, pharmaceuticals, cosmetics, fine arts, construction, architecture, eco-tourism, art and culture, sculpture, even in the spiritual life of the community. It contributes to the production of unique and highly competitive products for businesses, farm owners in rural, mountainous and island areas, which is a sustainable basis for food security, environmental security and social security in the national sustainable development strategy.
It can be affirmed that the economic-cultural value and potential of existing genetic resources in regions and areas in Việt Nam are every high, including some valuable and endemic genetic resources in the tropical natural environment such as: Ngọc Linh ginseng, rose-wood, HINOKI Việt Nam, Catkin Yew (Amentotaxus argotaenia), Snub- nosed langur (Rhinopithecus), Cát Bà langur (Trachypithecus poliocephalus), Tam Đảo Salamander (Paramesotriton deloustali), and indigenous species such as Móng Cái pig, I pig, yellow bull, ax head bull, H’Mong bull, Phan Rang lamb, Phú Quốc dog, Ri chicken, Hồ chicken, Đông Tảo chicken, sugarcane chicken, black chicken… These are natural heritages created by a treasure of indigenous knowledge through the generations of 54 ethnic groups in Việt Nam, a valuable asset of great importance in the green economy, green growth and sustainable development.
At present, genetic resources are being lost and depleted due to regional population pressure and increasing environmental pollution, and the invasion of alien species. In addition, the mechanisms, policies, encouragement, preservation and conservation of indigenous genes in each locality are limited; the process of international exchange in the form of trade, tourism, scientific research is not well- done, without any specific guidance in the management and monitoring of access to genetic resources. On the other hand, the mechanism of accessing and benefit sharing gained from the exchange and use of genetic resources among organizations, enterprises and individuals inside and outside the country is not specific and appropriate. Local communities have not benefited directly from their traditional knowledge and labor in maintaining, preserving and exchanging genetic resources with other stakeholders (producers, managers, scientists, educators, communities...).
Management of access to genetic resources and benefiting- sharing from the use of genetic resources
On March 17, 2014, Việt Nam officially joined and became the 31st member of the Nagoya Protocol on access to genetic resources, fair and reasonable sharing of benefits arising from the use of genetic resources (ABS). Accordingly, the Ministry of Natural Resources and Environment is assigned to chair and coordinate with the concerned parties to formulate and submit to the Government a draft decree on the management of access to genetic resources and benefit sharing from the use of genetic resources. On May 12, 2017, the Government issued Decree No.59/2017/NĐ-CP on management of access to genetic resources and benefit sharing from the use of genetic resources (Decree No.59/2017/ND-CP), effective from 1/7/2017. This is a legal basis for the management on conservation and benefit sharing of biological resources in Việt Nam towards the sustainable development.
The decree is based on the principle: Vietnamese government exercises sovereignty over the entire genetic resources in the national territory. Other parities of foreign organizations or individuals who are only allowed to access genetic resources only when licensed by a competent Vietnamese state agency. The Government encourages Vietnamese organizations and individuals to conduct activities on research and development of genetic resources. The sharing of benefits from the use of genetic resources should ensure fairness and reasonableness among stakeholders and contribute to the effective management of biological resources, promote scientific research processes and commercialization of genetic resources, focusing on the role of local communities in the conservation and sustainable use of genetic resources.
Granting, extending and revoking permits for access to genetic resources
According to the Decree, competent state agencies shall grant, extend and revoke permits for access to genetic resources, including: The Ministry of Agriculture and Rural Development shall grant, extend and revoke permits for access to genetic resources for species of plants, livestock, aquatic animals and forest trees; Ministry of Natural Resources and Environment grants, extends and revokes permits for access to genetic resources in other cases.
Registration and application for access genetic resources are required for Vietnamese organizations and individuals that need to access genetic resources to research for commercial purposes and commercial product development; foreign organizations and individuals who wish to access genetic resources in the territory of Việt Nam for any purpose; Vietnamese organizations and individuals that need to bring accessed genetic sources abroad.
Individuals who can register and apply for permits to access genetic resources according to the above regulations must satisfy the following requirements: Having a Degree (from university or above) in one of the following fields: Biology, biotechnology, pharmacology and agricultural sciences; being a member of a scientific and technological organization operating in accordance with the law of the country where the organization is established in the fields of biology, biotechnology, pharmacy or agricultural sciences, and is guaranteed by such an organization in writing.
Where there is a need to access genetic resources, the above-mentioned individuals must take the following steps: Registration of access to genetic resources with competent state agencies; agreement and signing the contract with the provider; requesting people's committees of communes to certify the contracts; submitting dossiers of application for permits to access genetic resources to competent state agencies; providing additional information and documents, completing the dossier at the request of a competent state agency in the course of evaluating the dossier of application for a permit for access to genetic resources.
Permits for access to genetic resources will be revoked when competent state agencies detect one of the following cases: Organizations and individuals that have provided fabricated information for being granted access to genetic resources; access to and use of genetic resources that harm human, the environment, security, national defense and national interests of Việt Nam; Conducting access to and use of genetic resources beyond the scope of the permit; Other cases of violation as prescribed by the law. Within 30 days after receiving information on violations or complaints about permits for access to genetic resources, the licensing competent state agencies shall complete the processing of dossiers in order to issue a decision on revoking of the permit for access to genetic resources. From the date of issuance of the decision to revoke the permit for access to genetic resources, organizations and individuals who are granted the permit for access to genetic resources must comply with the following requirements: No longer access to and use of the genetic resources under the permit; continue to implement agreements on distribution of benefits to the accessed genetic sources as stipulated in the signed contract; compensate for damage and restoration of the environment and biodiversity in accordance with the provisions of Vietnamese law.
Benefit-sharing from the use of genetic resources
The Decree states that the benefits from using genetic resources include monetary benefits or non-monetary benefits. Accordingly, monetary benefits include: Fee from collection of genetic specimens; royalties; franchise fees; lump sum or installment payments as agreed upon; other monetary benefits arising during the use of genetic resources. Non-monetary benefits include: Sharing research results; the right to participate in cooperative activities in research, development and production of commercial products; the right to have access to relevant scientific and technical information; technology transferring for the gene source provider; training and capacity building on research and development of genetic resources; shared intellectual property rights correspond to the contribution to creative outcomes on the basis of access to genetic resources; other non-monetary benefits.
The way in which monetary benefits are shared is calculated by the rate of benefit sharing in cash for products generated from the use of genetic resources is not less than 1% of the total annual sales of that product; the rate of benefit sharing with proceeds from the transfer of genetic resources and derivatives of genetic resources, use of intellectual property rights to creative results from the use of genetic resources must ensure that the supplier receives not less than 2% of the total value of the transfer or gross proceeds from the use of intellectual property rights. The total monetary benefits from access to and use of genetic resources are shared with stakeholders as follows: Suppliers are Commune People's Committees, Nature Reserve management units, owners of gene storage and preservation establishments under state management, biodiversity conservation establishments, scientific research and technology development establishments assigned by the government to receive the share of 30% of monetary benefits according to regulations; 70% of the remaining money is remitted to the state budget for use in conservation and sustainable use of biodiversity; Suppliers are organizations, households and individuals assigned to manage genetic resources to receive the share of 50% of cash benefits in accordance with regulations; the remaining 50% of the proceeds will be remitted to the state budget for use in conservation and sustainable use of biodiversity.
The distribution of the non-monetary benefits arising from the use of genetic resources as agreed by the parties and recognized in the contract. Those who receive non-monetary benefits include: The domestic partner supplier of the accessing party, who is a foreign organization and other related organizations and individuals. When publishing scientific research results or registering for establishment of intellectual property rights over creative results from the use of genetic resources, organizations and individuals must clearly state the origins of the accessed genetic sources.
Proposal of some solutions to manage genetic resources
Biological genetic resources are national assets, the basis for socio-economic development, environmental protection, security and national defense. Therefore, it is necessary to consider genetic resources, either in nature or man- made by knowledge and creative labor in ecosystems, to be precious assets, important advantages to leverage competitive strength in economic sectors, in start-ups based on biological resources. In order to effectively manage genetic resources and to have mechanisms in the benefit-sharing from genetic resources, in the coming time, a number of solutions should be implemented:
Application of advanced techniques suitable to the climatic conditions of Việt Nam in order to raise the effectiveness of detecting and assessing scientific properties and the real value of genetic resources, especially valuable and endemic ones. At the same time, clear identification of precious, endemic genetic resources, and the traditional knowledge related to the existing genetic resources is necessary as the basis for management of, accessing to genetic resources and benefit- sharing from genetic resources.
Establishment of a national comprehensive database of genetic resources in Việt Nam, distribution characteristics, status, and traditional sources of knowledge related to biological genetic resources, especially precious and endemic genes as the basis for conservation and development.
Application of biotechnology (gene technology, cell technology) to transform genetic sources of high economic values into commodity products circulated in the domestic and international markets, bringing practical benefits to the related parties (government, scientists, owners of genetic resources, producers, policy makers, communities...)
Investment in science and technology training, finance, equipment and infrastructure for scientific and technological research in service of survey and assessment for the conservation, management and use of genetic resources in a wise and sustainable manner in Việt Nam. Considering investment in conservation and development of genetic resources is the investment of national resources.
Granting of land use rights (where genetic resources of animals, microorganisms, fungi… are kept) on a long-term basis for individuals and conservation organizations, integrating conservation policies with scientific and technological policies to promote the potential of genetic resources in agriculture, rural development, industry, urban eco-cities and biological geographic areas.
Adopting of special incentive mechanisms for enterprises and individuals to invest in the conservation and development of genetic resources of high economic value for production processes, and hunger elimination and poverty alleviation.
Strengthening of communication activities to raise awareness of communities, especially in mountainous and island areas, about the significance and importance of conservation and use of biological genetic resources in sustainable development.
Application of biotechnology to transform genetic resources of high economic values into commodities for circulation on the market
Prof. Dr. Đặng Huy Huỳnh
Vietnam Association for Conservation of Nature and Environment
(Source: Vietnam Environment Administration Magazine, English Edition I-2018)
