Resolution 10/nq-Cp: About Joining The Additional Protocol Nagoya – Kuala Lumpur About Legal Obligations And Compensation In The Framework Of The Cartagena Protocol On Biosafety

Original Language Title: Nghị quyết 10/NQ-CP: Về việc gia nhập Nghị định thư bổ sung Nagoya-Kuala Lumpur về nghĩa vụ pháp lý và bồi thường trong khuôn khổ Nghị định thư Cartagena về an toàn sinh học

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Number: 10 /NQ-CP
Nationwide, February 12, 2014


About joining the Nagoya-Kuala Lumpur Supplements Protocol on Legal and Compensation Obligations.

in the framework of the Cartagena Protocol on Biosafety



Government Law Base December 25, 2001;

The signing of the Law of Signing, accession and implementation of the international treaty June 14, 2005;

At the suggestion of the Minister of Natural Resources and Environment at Text No. 104/TTr-BTNMT on 5 November 2013,


What? 1. The Vietnamese agreed to join the Nagoya-Kuala Lumpur Supplements Protocol on legal obligations and compensation within the framework of the Cartagena Protocol on Biosafety.

What? 2. The Ministry of Natural Resources and Environment, in collaboration with the relevant agencies implementing additional Protocol, builds the Protocol of the Legal obligations and damages the damages caused by the organism to transform the gene, the government review, and the decision.

What? 3. The Ministry of Foreign Affairs complete the foreign procedures under the current regulations.



Nguyen Tu D Yeah. -


In terms of liability and compensation in the framework of the CARTAGENA Protocol on Biosafety

The Parties to the Additional Protocol Oh,

It's The party joins the Cartagena Protocol on Biological Safety in the framework of the Biodiversity Convention, following the so-called Protocol,

Consider Principle No. 13 in the Rio Declaration on Environment and Development

Continue to confirm. the principle of prevention in the 15th Principles of the Rio Declaration on Environment and Development,

Admit it. request to establish appropriate response measures when there is harm or at risk of harm, compliance with the Protocol,

References What? 27 of the Protocol,

United as follows :

What? 1. Target

The goal of the Additional Protocol is to contribute to the conservation and sustainable use of biodiversity, consider the risks to human health, through the establishment of principles and international processes of liability and compensation related to living living organisms. Genetic variation (LMOs).

What? 2. The term

1. The term used in Article 2 of the Convention and Article 3 of the Protocol shall be applied in the Additional Protocol.

2. In addition, in the Additional Protocol:

(a) "Conference of the Parties at the same time is the Council meeting the parties to the Protocol" which means that the Conference of the Parties to the Convention for the Diversity of Biological Diversity and the Council meeting the Parties to the Cartagena Protocol on Biosafety;

(b) "Convention" means Biodiversity Convention;

(c) "Damage" is an adverse impact on conservation and sustainable use of biodiversity, considering risk to human health. These damage:

(i) can be measured or visible, which is taken into account the underlying data acknowledged by the competent organ and to account for the changes caused by nature and by humans, and by human rights.

(ii) there is a significant degree of regulation at paragraph 3 below;

(d) "Subject" is either directly or indirectly controlling LMO as identified in the national law including, the license holder, LMO commercier, developer, manufacturer, subscribers, importers, exporters, transporers, or transport, etc. distribution;

(e) "Protocol" is the Cartagena Protocol on Biological Safety in the framework of the Biological Diversity Convention;

(f) "Response measures" are rational actions aimed at:

(i) Prevention, decrease to maximum, inhibit, minimization or avoidance of harm;

(ii) Restart biodiversity through actions taken in the order of priorities after:

a. Restoration biodiversity of the state of existence before damage occurs, or the nearest existing state due to the competent authority,

b. Restart, replace biodiversity loss by the same components of biodiversity or other forms of use at the same or other locations.

3. "significant" damage identified based on factors such as:

(a) The long or permanent change, which can be understood as the change cannot be restored through the natural process within a reasonable period of time;

(b) The scale of quantitative and qualitative changes has an adverse impact on the components of biodiversity; and for example, the

(c) The reduction in capacity on the components of the supply of goods and services of biodiversity;

(d) The level of influence on human health within the framework of the Protocol.

What? 3. Range

1. This additional protocol applies to the damages caused by genetically modified living organisms to be transported across the border. Genetically modified organisms include genetically modified organisms:

a. For the purpose of use directly as food, livestock feed and in processing

b. aims to use quarantine

c. In order to release the environment

2. For the intentional cross-border transport, the additional Protocol applies to the harm caused by the legal use of genetically modified living organisms at paragraph 1 of this.

4. Additional reporting also applies to the harm caused by the non-intentional cross-border transit of the border at Article 17 of the Protocol as well as the damage caused by the illegal cross-border transport prescribed at Article 25 of the United States. Protocol.

5. Additional protocol applies to the damage caused by cross-border movement of living organisms to transform genes within the jurisdiction of the Parties after the Additional Protocol is in effect.

6. Additional reporting applies to the harm that occurs within the country's national jurisdiction.

7. Parties may use criteria defined in the national law system to address the harm that occurs within the jurisdiction of the national jurisdiction.

8. National laws aimed at implementing the Additional Protocol also apply to the damage caused by cross-border shipping of genetically modified living organisms from countries that do not participate in the additional Protocol.

What? 4. Human Human Contact

The consequence of the relationship between the damage and the life of life in question is to be established in accordance with the national law.

What? 5. Response measures

1. In the event of the damage, the Parties will stipulate the subject must meet the requirements of the competent authorities, including:

(a) The immediate information for the competent authority.

(b) Hurt assessment; and

(c) Make appropriate response measures.

2. The Authority has the authority to:

(a) Define the subject causing harm;

(b) The assessment of the damage and determination of the response measures the subject needs to take.

3. When relevant information, including scientific information or information on the Center for International Biosafety Information Exchange, indicates the risk of harm if it does not take appropriate response measures, the subject must do so on the basis of a possible solution. Appropriate response measures to avoid harm.

4. The authorities have the authority to take appropriate response measures when the subject is not able to exercise those measures.

5. The competent authority has the right to ask the owner to pay the cost of the damage assessment and the cost of carrying out the appropriate response measures. Parties may be defined in the national law of cases where the subject is not responsible for paying the expenses.

6. The authority of the authority of the authority to ask the subject to take the necessary response measures and these decisions must be notified to the subject. National law must stipulate remedied measures, including the ability to reconsider legal and administrative review of these decisions. Depending on the nationality law, the authority of the authority must also inform the subject of the current remedied measures. These remedied measures will not prevent the competent authorities from taking response measures in appropriate cases, unless otherwise regulated in national law.

7. To implement this Article and consider defining specific response measures taken by the competent authority, the Parties will evaluate the response measures mentioned in the national law of civil responsibility.

8. The response measures will be made under the national law.

What? 6. Free

1. In the national law, the Parties will stipulate the following exemption terms:

(a) Disaster or adverse conditions;

(b) War or social unrest.

2. In the national law, the Parties will stipulate other provisions of the exemption if appropriate.

What? 7. Limit Time

In national law, participants will rule the relative time limit and/or absolute to include actions relating to the response measure and the starting point of time limit.

What? 8. Financial Limit

In the national law, the Parties will stipulate the financial limit on the reimbursable cost of the implementation of the response measures.

What? 9.

The additional protocol would not limit the subject's rights or rights to other individuals.

What? 10. Financial Assurance

1. The participants have the right to rule in the state law provision on financial guarantees.

2. The participants exercise the right to state the above clause in accordance with the rights and obligations under the provisions of the international law, which is taken into account the final three paragras in the opening section of the Protocol.

3. Cong meeting for the first time the Parties to the Protocol after the Additional Protocol came into force that would require the Secretariat to carry out an overview study referring to the issues:


b. Evaluation of the environmental, economic and social impacts of those mechanisms, especially in developing countries, and in the developing world).

c. Identilocate the appropriate institutions for the financial guarantee mechanism.

What? 11. International violations of international law

The additional protocol shall not affect the country's rights and obligations under international regulations on national responsibility for international violations.

What? 12. The execution and the relationship to the responsibility for civil justice

1. In national law, the participants will have to rule out the principle and process of solving the damage. In order to enforce this obligation, the Parties will have to stipulate the response measures to comply with the Additional Protocol and when necessary, which will:

(a) Apply in the country ' s current law, including the process and the general principle of the responsibility for civil justice;

(b) Apply or build principles and processes on the responsibility of special civil liability for this purpose; or for this purpose.

(c) Apply or build both forms of combination.

2. The participants, aimed at establishing the right principles and processes in the national law on the responsibility of civil rights to the physical harm and harm to the human health associated with the harm prescribed at paragraph 2 (c), Article 2, shall:

(a) Continue to apply the current law system on the responsibility of civil justice;

(b) Build and apply or continue to apply the laws of special civil liability for this purpose; or for this purpose.

(c) Build and apply or continue to apply combining both forms.

3. When building liability and compensated compensation specified at the item (b) or (c) at paragraph 1 or 2 above, the participants will resolve the following factors:

(a) Damage;

(b) The standard of legal responsibility includes the absolute liability responsibility and the liability liability based on the error;

(c) Create a legal liability channel, when appropriate;

(d) The right to reimbursate.

What? 13. Review and review

The Conference of Parties and Parties to the Parties to the Parties to the Protocol will proceed to review the effectiveness of the Additional Protocol within five years from the date of the suppleminable Protocol to the force and then five years later, providing the information. as an assessment for the Parties. The assessment shall be made within the framework of evaluation and consideration of the Protocol specified at Article 35 of the Protocol, unless otherwise specified by the Parties to the Protocol. The first evaluation will include assessing the effectiveness of Article 12.

What? 14. Meeting of the Parties to the Convention and the Conference of the Parties to the Conference of the Protocol

1. According to paragraph 2, Article 32 of the Convention, the Conference of the Parties to the Convention of the Convention and the Board meeting the parties to the Protocol shall simultaneously be the Conference of the Parties to the Additional Protocol.

2. Meeting of the Parties to the Convention and the Council meeting the parties to the Protocol shall periodically evaluate the implementation of the additional Protocol and in its jurisdiction, which will determine the need to promote the enforcement of the execs. The conference will perform the functions prescribed at this additional Protocol and, with appropriate amendments, the prescribed functions at paragraph 4 (a) and (f) at Article 29 of the Protocol.

What? 15. Secretariat

The Secretariat was established in accordance with Article 24 of the Convention, which will serve as the Secretariat of the Protocol.

What? 16. Relations with the Convention and Protocol

1. This additional protocol will complement the Protocol and will not alter or adjust the Protocol.

2. Additional Protocol shall not compromise the rights and obligations of the Parties to the Additional Protocol in the framework of the Convention and Protocol.

3. Unless the provisions are specified at the Additional Protocol, the terms of the Convention and the Protocol shall apply, with appropriate amendments, for this additional Protocol.

4. No damage to paragraph 3 above, this additional Protocol shall not affect the obligations and rights of the Parties to the framework of international law.

What? 17. Sign

This additional protocol would begin to be signed at the United Nations headquarters in New York from March 7, 2011 to March 6, 2012.

What? 18.

1. The additional protocol shall take effect on the 90th day after the forty-fourth edition of ratification, acceptance, endorsement, or accession of the States, or regional economic merger organizations are parties to the Protocol.

2. This additional protocol will begin to take effect on a country or a regional economic fusion organization, approx, accept or endorse this Protocol, or join the Protocol, after the Protocol begins to take effect, according to the UN Security Council. Paragraph 1 said above, on the 90th day, after the National Day or organization of the regional economy, it filed a document of ratification, acceptance, approval, or accession, or on the day the Convention began to take effect on that country or the united organization. The economy of that area, depending on the next day.

3. For the purposes of Clauses 1 and 2 above, any document that is to be filed by a regional economic merger organization, shall not be counted as additional documents for the documents that have been filed by members of the members of the organization.

What? 19. Preservation

No preservation rights are allowed to apply to this additional Protocol.

What? 20. Withdraw from Protocol

1. After two years from the date this additional Protocol is valid for a participant, the participant may withdraw from the Additional Protocol at any time, by written notice to the Archives.

2. Any application to withdraw from the Additional Protocol shall be done after a one-year period, since the date of the Liu Ching Authority receives the letter announcing the withdrawal, or at the time that may then be specified in the request for the withdrawal notice.

3. The participants withdrawing from the Protocol under Article 39 of the Protocol are also considered to be withdrawn from this additional Protocol.

What? 21. authentication language

The original text of this additional Protocol was written in the languages of Arshun, China, the United Kingdom, France, Russia and Spain, whose values are equal, which will be submitted to the Secretary General of the United Nations.

Prior to the witness, it was a very good mandate to have signed this additional protocol.

Completed in Nagoya on October 15, 2010.


Prime Minister


Dao Dung