Vietnam’s Legislation on Access to Genetic Resources and Benefit Sharing (ABS): Achievements, Remained Weakness And Solutions

Abstract

Being a member of the Convention on Biological Diversity (CBD)since 1994, being 31st member of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP) since 2014, Vietnam is making its efforts to improve ABS legislation and policy to implement the NP. A master scheme on capacity building on ABS adopted by Prime Minister Nguyen Xuan Phuc was issued in 2016 to implement ABS was promulgated. Decree No. 59/2017/ND-CP, dated May 12, 2017, on the management of access to Genetic Resources (GRs) and the sharing of benefits arising from their utilization (Decree 59) made an important remark in development of ABS law and policy in Vietnam. This Decree covers all basic issues of ABS, detailing the Law on Biodiversity, which was promulgated in 2008 and internalizing the NP in ABS national law. These include essential elements: determining scope definitions, main actors: providers, users, national focal points (NFP), national competent agencies (NCA), benefit sharing, compliance. In spite of important achievements in ABS law development and implementation to date, there remain some weaknesses and shortcomings within the legal system, institutions to facilitate ABS law being implemented well in practice. There are not only the gaps between laws, unclear demarcation of inter-ministerial assigned issues, but also limitation in terms of capacity and awareness of involved actors on ABS issues. This article aims to analyze all these above mentioned points, recommends improving ABS law and policy as well as provides suggestion to overcome limitation.