From August 25, 2022, will the sanction increase for acts of collecting samples and accessing genetic resources in Vietnam when the license has expired?
- In which cases will a warning penalty be applied when violating regulations on management, access to genetic resources and benefit sharing from genetic resources in Vietnam?
- What will be the penalty for using the license to access genetic resources in Vietnam for improper purposes?
- Increased penalties for access to genetic resources when the license to access genetic resources in Vietnam has expired?
In which cases will a warning penalty be applied when violating regulations on management, access to genetic resources and benefit sharing from genetic resources in Vietnam?
Currently, the form of sanctioning warning when violating regulations on management, access to genetic resources and benefit sharing from genetic resources in Vietnam is applied in the cases in Clause 1, Article 44 of Decree 155/2022/ND- CP (amended by point a, clause 31, Article 1 of Decree 55/2021/ND-CP) as follows:
“Article 44. Violations against regulations on management, access to genetic resources and benefit sharing from genetic resources
1. A warning shall be imposed for one of the following violations:
a) Failing to notify the competent state management agency of the transfer of genetic resources or their derivatives to a third party with the same purpose for non-commercial research;
b) Failing to make periodical reports or reports on activities as prescribed during the time of accessing genetic resources for non-commercial research as stated in the License to access genetic resources.”
Accordingly, when violating one of the above cases, they will be sanctioned with warning according to current regulations.
However, in the near future, there will be changes in the application of warning penalties when violating regulations on management, access to genetic resources and benefit sharing from genetic resources in Vietnam.
Specifically, in Clause 1, Article 52 of Decree 45/2022/ND-CP stipulates as follows:
“Article 52. Violations against regulations on management, access to genetic resources and benefit sharing from genetic resources
1. A warning will be imposed for one of the acts of failing to make periodical reports or reports on activities as prescribed during the access to genetic resources for non-commercial research as stated in the license to access the source. genes.”
Accordingly, in the near future, a warning will be imposed for failure to notify the competent state management agency of the transfer of genetic resources and derivatives of genetic resources in Vietnam to third parties with the same purpose. Non-commercial use for research purposes only.
From August 25, 2022, will the sanction increase for acts of collecting samples and accessing genetic resources in Vietnam when the license has expired? (Image from the internet)
What will be the penalty for using the license to access genetic resources in Vietnam for improper purposes?
Pursuant to Clause 2, Article 52 of Decree 45/2022/ND-CP stipulates as follows:
“Article 52. Violations against regulations on management, access to genetic resources and benefit sharing from genetic resources
…
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following violations:
a) Failure to comply with the contents of the plan on access to genetic resources approved by a competent state agency;
b) Failing to notify the competent state agency of the transfer of genetic resources or their derivatives to a third party with the same purpose of use for commercial research and development of commercial products. ;
c) Failing to share benefits obtained from the use of genetic resources with related parties as prescribed;
d) Failing to make periodical reports or operational reports as prescribed during the time of accessing genetic resources for research for commercial purposes or commercial product development as stated in the license to access genetic resources;
dd) Bringing genetic resources out of the Vietnamese territory but failing to comply with the contents specified in the permit to access genetic resources or the decision on permission to bring genetic resources abroad for study or research for non-target purposes. Commerce;
e) Using the license to access genetic resources for improper content and purposes.”
Thus, in the coming time, the violations in one of the above cases will be administratively sanctioned from 5,000,000 VND to 10,000,000 VND.
Accordingly, an administrative fine of from 5,000,000 VND to 10,000,000 VND will be imposed for using the license to access genetic resources in Vietnam with incorrect content and purpose in the near future.
Increased penalties for access to genetic resources when the license to access genetic resources in Vietnam has expired?
Pursuant to Point g, Clause 2, Article 44 of Decree 45/2022/ND-CP (as amended by Point a, Clause 31, Article 1 of Decree 55/2021/ND-CP) stipulates as follows:
“Article 44. Violations against regulations on management, access to genetic resources and benefit sharing from genetic resources
…
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following violations:
…
g) Failing to renew the license to access genetic resources when the license expires but still collect samples and access the licensed genetic resources.”
Accordingly, at present, the act of collecting samples and accessing genetic resources in Vietnam according to the expired license to access genetic resources will be subject to an administrative fine of between VND 5,000,000 and 10,000,000.
However, in the near future, the administrative sanction for the act of accessing genetic resources when the license to access genetic resources has expired will be administratively sanctioned according to Clause 4, Article 52 of Decree 45/2022. /ND-CP as follows:
“Article 52. Violations against regulations on management, access to genetic resources and benefit sharing from genetic resources
…
4. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for accessing genetic resources without permission from a competent state agency or having an expired license to access genetic resources.”
Accordingly, the administrative sanction for the act of accessing genetic resources when the license to access genetic resources has expired is from VND 30,000,000 to VND 50,000,000.
In addition, based on the violation to determine additional sanctioning forms and remedial measures according to Clauses 5 and 6, Article 52 of Decree 45/2022/ND-CP.
Note: the administrative sanctions according to the above provisions only apply to violators. In case organizations violate, the administrative sanction will be 2 times higher than that of individuals.
Decree 45/2022/ND-CP will take effect from August 25, 2022.
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