Vietnam’s Decree No. 59/2017/NĐ-CP: Rules for sharing benefits arising from the utilization of genetic resources

1. Rules for sharing of monetary benefits

- The monetary benefit for each product developed from utilization of genetic resources shall be at least 1% of the total annual revenue earned from such product.

- The monetary benefit paid to the Provider for transfer of genetic resources and derivatives thereof; use of intellectual property rights to each achievement in utilization of genetic resources shall be at least 2% of the total value of the transfer or the total amount of money collected from the use of intellectual property rights.

- Total monetary benefits arising from access and utilization of genetic resources shall be shared as follows:

+ The Provider that is a People’s Committee of commune, a management board of a conservation zone, an owner of an facility of storing and preserving genetic resources under State management, a biodiversity conservation facility, or a scientific and technological research institution under State management shall receive 30% of monetary benefits; the remaining amount (70% of monetary benefits) shall be transferred to the State budget for biodiversity conservation and sustainable use;

+ The Provider that is an organization, household or individual responsible for managing genetic resources shall receive 50% of monetary benefits; the remaining amount of monetary benefits shall be transferred to the State budget for biodiversity conservation and sustainable use.

2. Sharing of non-monetary benefits

- The sharing of non-monetary benefits arising from the utilization of genetic resources are agreed by the parties and recorded in the MAT.

- The beneficiaries of non-monetary benefits include: Vietnamese Providers equivalent to foreign Users and other relevant organizations and individuals.

- Organizations and individuals shall specify the origins of accessed genetic resources when publishing their scientific research results and registering intellectual property rights.

View more details at Decree No. 59/2017/NĐ-CP of Vietnam’s Government, effective from July 01, 2017.

- Ngoc Duyen -

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE