Negotiate and Sign the Contract for Access to Genetic Resources and Benefit-sharing

Negotiate and Sign the Contract for Access to Genetic Resources and Benefit-sharing

  1. After receiving written confirmation of registration from the competent national authority, an applicant(s) shall negotiate and sign the contract with the Provider.
  2. Content of the contract must comply with Article 15 of this Decree.
  3. In case there is more than one individual or organization collaborating to supply or access genetic resources, these individuals or organizations must jointly negotiate and sign the contract.

Certification of Contract for Access to Genetic Resources and Benefit sharing

  1. In localities where genetic resources are accessed or where the registered address of the Provider is located, Commune-level People’s Committees shall certify the contract upon request of the applicant.
  2. Documents to be submitted to the Commune-level People’s Committees for consideration and certification include:

a) A copy of consent for registration issued by the competent national authority;

b) Contract signed between the relevant parties;

c) Presenting valid original document of any one of the following documents: passport, identity card, citizen identification or other document with photo and personal information issued by the competent authority (hereinafter referred to as identification) to prove the identity of the applicant requesting certification of Contract for Access to Genetic Resources and Benefit sharing.

3. The Contract shall be certified within maximum 03 working days of its receipt.

Contract for access to genetic resources and benefit-sharing

  1. The contract shall include the main contents as prescribed in sample form 03 of the Annex attached to this Decree; of which the content on benefit sharing from the utilization of genetic resource must comply with the provisions of this Decree.
  2. The contract shall be effective only after the competent national authority grants the license to access genetic resources.
  3. Implementation of the contract when the license to access genetic resources expires:

a) The Accessor will be not allowed to access genetic resources after expiration of validity of the license;

b) Benefit-sharing provisions of the contract will remain in force.

4. Implementation of the contract when the license to access genetic resources is withdrawn must comply with the provisions of Clause 3, Article 18 of this Decree.

5. Disputes related to access to genetic resources and the sharing of benefits arising from their utilization shall be settled in accordance with the provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a member.

Download Sample form 03 here

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