Regulation on the management and preservation of plant, animal and micro-organism gene resources (Decision No. 2117/1997/QD-BKHCNMT)

22 OFFICIAL GAZETIE No.S (20-2-1998) THE MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT DECISIONNo.2117i1997/QD-BKHCN&MT OF DECKMBER 30, 1997 TO ISSUE THE REGULATION ON THE MANAGEMENT AND PRESERVATION OF PLANT, ANIMAL AND MICRO-ORGANISM GENE SOURCES THE MINISTER OF SCIENCE, TECHNOLOGY AND ENVIRONMENT PursuanttoDecreeNo. 22-CPofMay 22, 1993 of the Government on the tasks, powers and organizational structure ofthe Ministry ofScience, Technology and Environment; At theproposals oftheDirectors oftheDepartment of Technology Management, the Department of Science Management and the Department of Planning; DECIDES: Article 1.- Toissuetogether withthisDecision the "Regulation on the Management and Preservation of Plant, Animal andMicro-organism Gene Sources." Article 2.-TInsDecisionshallreplace Decision No. 582/QD-NSY ofNovember 2, 1987 ofthe Chairman of ~he ~late Commission for Sciences and Techniques issuing a provisional regulation on the tasks and powers oftheagencies involved in preserving, storing andusinggenesources and animal, plant and micro­ organism genes and breeds and repeal the previous provisions on the management, preservation and storage of gene funds which are contrary to this Decision. . Article 3.- The heads of the concerned units atta~hed to the Ministry of Science, Technology and Envircnment, the heads of the agencies and units involved in preserving andstoringgenesources under the ministries, branches and localities shall have to implementthisDecision. Article 4.-ThisDecision takeseffect 15days after its signing. . Forthe Minister ofScience, Technology andEnvironment ViceMinister PHAMKHOINGUYEN REGULATION ON THE MANAGEMENT AND PRESERVATION OF THE PLANT, ANIMAL AND MICRO-ORGANISM GENE SOURCES (issued together witlt Decision No. 2117/1997/ QD-BKHCN&MT of December 30, 1997) Thepreservationandstorage oftheanimal, plantand micro-organism gene sources mean to protect genetic resources in order to supply original materials for the scientific research, to improve breeds and ensure the preservation ofbio-diversity andessential prerequisites in tilefieldofbiological resources for the sustainable agricultural development todayas wellas in future. 1. GENERAL PROVISIONS l. The genesource referred to in this Regulation inclu~e li,:ing ~reatures in whole or their live parts carrying biological hereditary information capable of creatingor involved in the creation of newbreeds of plants, animals andmicro-organisms. 2.Thesource ofplant, animal andmicro-organism genes constitute is the nation's resources and an integral part of theprotection ofbiological diversity serving the scientific and economic research m{d development inagriculture, forestry, aquatic resources, food industry and health. 3. Thepreservation andstorage ofnatural genetic resources are carried out in various forms (Insitu, No.5 (20-2-1998) OFFICIALGAZETIE 23 Exsim, On-Farm, in viro, in vitro) at various establishments and organizations as well as other economicsectors(includingtheprivatesector) which are joined together into a networkunder the uniform managementbythe Ministry of Science, Technology andEnviromnent. II. CONTENTS OF THE MANAGEMENT OVER THE PRESERVATION AND STORAGE OF GENE SOURCES 1. To conduct survey and gather gene sources suitedto the nature and characteristics ofeachkind of plant,animalormicro-organism. 2.Tosafely preservefora longtimealready collected gene sources suited to the specific biological characteristics ofeachobject thatneeds tobepreserved, the technical level and equipment capability of the agency in charge of storing and the scope of preservation. 3. To assess the gene sources according to the specificbiologicalcriteria suitedto each object. 4. Documentation: The already assessed gene sources mustall be documented in theformsofsurvey cards, descriptioncards, evaluationcards, drawings, distribution maps, pictures, publications, catalogues or a database should be createdfor this purpose. 5. The exchangeofinformation, materials ongene sources should be conducted regularly among the agenciesparticipatingin the preservation and storing network and,atthesametime, informationandmaterials on genesources shouldbe madeavailable to scientific agencies and production establishments at their request. In case of necessity, such information and materials U13y be exchanged withforeign countries if it is so approvedby competent bodies. III. OBJECTS THAT NEED TO BE PRESERVED AND STORED 1.Priorityshallbe givento the genesources which areprecious, rareandtypical ofVietnam andwhichare in dangerofextinction, 2. The gene sources which havebeen assessed in termsofbiological criteria. 3. The gene sources which are needed for the researchwork,cross-breeding and training. 4. The gene sourcesimportedfrom abroadwhich have been stabilized and domesticated in Vietnam, beingofimportant significanceforproduction. IV. ORGANIZATION OF IMPLEMENTATION 1.Themanagement ofthepreservation and storage of gene sources shall be effected nationwide. The system of agencies involved in the preservation and storageofgenesources under the ministries,branches and localitiesshall bejoined together into a network of gene source-preservingand storing agencies and placedunderthe uniformmanagement ofthe Ministry of Science, Technology andEnvironment. 2. The management and administration of the network of gene source-preserving and storing agenciescoverthe following: Providing professional guidance, drawing upplans and organizingthe annual evaluationof gene source preservation and storage projects before submitting themtothe leadingofficials ofthe ministries, branches, localities and theMinistryofScience, Teclmology and Environmentfor consideration and approval. Organizing theregistration oftypesofgenesbeing preserved andstored at theagencies withinthenetwork accordingto thegeneralplanalreadyapproved andthe annualplan onspecific quantity and qualitycriteria. Elaborating annualexaminationnormsfortheplan on the gene sourcepreservation and storage so as to guide the ministries, branches and localities to make their ownplans. Annually, theMinistryofScience, Teclmologyand Environment shall provideguidance for the plans on science, technology andenvironment, including theplan on the preservation and storageof the gene sources of plants,animals andmicro-organisms, Ontinsbasis,the ministries, branches and localities shall provide guidance, sum up the requirements related to gene source preservation andstoragefromtheimplementing agencies and send them together with the following year's planon science, technology andenvironmentto the Ministry ofScience, Technology and Environment. The genesourcepreservation and storageplans shall be debated at themeetings discussing the annualplans of the ministries, branches and localities, summedup and submitted togetherwith the other contents of the plan on science, technology and environment to the leadingofficials oftheMinistry of Science, Technology and Environment forapproval. Overseeing various activities of the agencies participatingin thepreservation and storagenetwork. In caseofnecessity, ifthe agenciesfail to abidebythe provisions in this Regulation or are incapable of fulfilling their tasks, a proposal can be made to the leadingofficials oftheMinistry of Science.Technology and Environmentto suspendtheir activitiesor assign these tasks to other agencies. 3. The provincial/municipal Science,Technology and Environment Departments that have a need to preserve and storetheir local uniquegenesources shall 24 OFFICIAL GAZETTE NO.5 (20-2-1998) performthe following tasks: Assisting the provincial/municipal People's Committees in drawing up plansandincorporating into the local plans on science, technology and environment the workofgenesourcepreservation and storagewithin their respective territoriesand manage suchworkin a comprehensive mannerafter the plans are approved. Coordinating 'with the responsible unit under the Ministry of Science, Technology and Environment to ensure the uniform management of the gene source preservationandstorageaccordingtobranch andterritory. 4. Tasksof the agenciesparticipating in the gene sourcepreservationand storagenetwork Managingand organizingthe implementation of the provisionsin Part II ofthis Regulationregarding the whole quantity and the quality of gene sources already approved in their respective projects (including the gene sources preserved and stored togetherwith other agencies). 5. The ministries, branchesandlocalities: Elaboratingmasterplansforthe preservation and storageofgenesources in the fields undertheircharge. The responsible ministries and branches, the provincial/municipal People's Committees shallhaveto registerwith the Ministryof Science, Technology and Environmentthe specific quantities of different types of genesources beingstoredat variousestablishments accordingto thetechnicalcriteriasetfor eachtype. Annually, drawingup concreteplans and reports on the management of gene sources preserved and storedbyestablishments and sendthemtothe Ministry of Science, Technology and Environment. ' , Providing training and guidance on the gene sourcemanagement techniques andskillsfortechnical cadres and coordinatingagencies. Making periodical reports at the request of the managingagencies. o. The scienceand technology agencies, business andproduction establishments, individuals...underthe ministries,branchesand localitiesthat havematerial, scientific and technicalconditions canassumetile task of preserving and storing gene sources of animals, plants and micro-organisms in the specialized fields under the managementofthe ministries and localities if they obtain the approval from the responsible agencies and place themselves under the latter's specialized management and direction. V. FINANCIAL SOURCE Annually, the ministries, branches and localities shall draw up financial plans for the gene source preservation and storage with allocations from the budgetfor science, technology and environment The Ministry ofScience, Technology andEnvironment shall consider and assign annual quotas to various gene source preservation and storage projects under the ministries, branches and localities as one content of the plan on science, technology and environment. The ministries, branches and localities should create conditions for the attraction of other funding sources for the gene sourcepreservationand storage. Tomakeuseofthefinancial supportofinternational organizationsfortraining cadres. exchangingspecialists, holding international seminars, to cooperate with international organizations, countries in the regionand theworld in surveying, collecting and exchanging gene sources and in providing additional equipment, surveying, preserving, storing, documenting and exchanging relevant information andmaterials. VI. IMPLEMENTATION PROVISIONS 1. The Director of the Technology Management Department of the Ministry of Science, Technology and Environment shall have to oversee and make periodical reports on the implementation of this Regulation to tI1CMinisterofScience, Teclmology and Envirorunent. 2.The ministers, tileheadsoftile ministerial-level agencies, the heads of the agencies attached to the Government, thepresidents oftheprovincial/municipal People's Committee shall base themselves on this Regulationto designatetile agenciesin charge and to issue regulations on the management of the preservation andstorage oftheplant,animalandmicro­ organism gene sources of their own agencies. 3. This Regulation takes effect 15 days after its signing. For the Minister ofScience, Technology and Environment Vice Minister PHAMKHOINGUYEN