1.

Notifying Member: VIET NAM

If applicable, name of local government involved:

2.

Agency responsible: Nature and Biodiversity Conservation Agency, Ministry of Agriculture and Environment

3.

Products covered (provide tariff item number(s) as specified in national schedules deposited with the WTO; ICS numbers should be provided in addition, where applicable): Living modified organisms (LMOs), genetically modified organisms (GMOs), genetic materials, and products derived from GMOs used for food, feed, or processing. This measure may also cover agricultural commodities and products that contain, consist of GMOs.

4.

Regions or countries likely to be affected, to the extent relevant or practicable:

[X]     All trading partners

[ ]      Specific regions or countries:

5.

Title of the notified document: Draft Decree amending and supplementing several articles of decrees in the field of nature conservation and biodiversity. Language(s): Vietnamese and English. Number of pages: 189 and 193, respectively

https://members.wto.org/crnattachments/2025/SPS/VNM/25_08063_00_x.pdf

https://members.wto.org/crnattachments/2025/SPS/VNM/25_08063_00_e.pdf

6.

Description of content: This draft Decree includes the following key updates:

-_        Clarifies the definition of "products of genetically modified organisms" as products derived from GMOs that contain genetic material or proteins resulting from the modified gene;

-_        Defines "Genetic technology" as the application of molecular biology to directly intervene in the genetic material of organisms, including gene editing techniques and genetic recombination techniques;

-_        Defines "Gene-edited organism" as an organism whose genetic material has been modified through gene-editing techniques and does not contain new genetic material from another species or from synthetic sources that are not equivalent in composition and structure to that of the species;

-_        Article 3a is added to establish a clear basis for distinguishing between genetically modified organisms (GMOs) and gene-edited organisms (GEs) for biosafety management. GMOs continue to be subject to existing risk assessment and risk management procedures under Decree No. 69/2010/ND-CP. GEs are managed in accordance with existing regulations on production and business, with organizations and individuals responsible for determining and publicly declaring classification results, reporting to the Ministry of Agriculture and Environment, and maintaining relevant documentation for 10 years from the date of declaration. The amendment aims to clarify classification criteria, ensure consistency with current legislation, simplify administrative procedures, and strengthen accountability in biosafety management.

7.

Objective and rationale: [X] food safety, [X] animal health, [ ] plant protection, [ ] protect humans from animal/plant pest or disease, [ ] protect territory from other damage from pests.

8.

Is there a relevant international standard? If so, identify the standard:

[X]       Codex Alimentarius Commission (e.g. title or serial number of Codex standard or related text): CAC/GL 45-2003: Guideline for the Conduct of Food Safety Assessment of Foods Derived from Recombinant-DNA Plants

[ ]        World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic Animal Health Code, chapter number):

[ ]        International Plant Protection Convention (e.g. ISPM number):

[ ]        None

Does this proposed regulation conform to the relevant international standard?

[X] Yes   [ ] No

If no, describe, whenever possible, how and why it deviates from the international standard:

9.

Other relevant documents and language(s) in which these are available:  

10.

Proposed date of adoption (dd/mm/yy): 31 December 2025

Proposed date of publication (dd/mm/yy): To be determined.

11.

Proposed date of entry into force: [ ] Six months from date of publication, and/or (dd/mm/yy): 1 January 2026

[ ]      Trade facilitating measure

12.

Final date for comments: [X] Sixty days from the date of circulation of the notification and/or (dd/mm/yy): 19 January 2025

Agency or authority designated to handle comments: [X] National Notification Authority, [X] National Enquiry Point. Address, fax number and e-mail address (if available) of other body:

Viet Nam Sanitary and Phytosanitary Notification Authority and Enquiry Point

No 10 Nguyen Cong Hoan Street, Giang Vo ward, Ha Noi, Viet Nam

Tel: +(84 4)3734 4764

E-mail: spsvietnam@mae.gov.vn

Website: http://www.spsvietnam.gov.vn

Nature and Biodiversity Conservation Agency

No 10 Ton That Thuyet Street, Cau Giay ward, Ha Noi, Viet Nam

Tel: +(84 4) 37956868 (3113)

E-mail: vpbca@mae.gov.vn

Website: http://nbca.gov.vn

13.

Text(s) available from: [ ] National Notification Authority, [X] National Enquiry Point. Address, fax number and e-mail address (if available) of other body:

Viet Nam Sanitary and Phytosanitary Notification Authority and Enquiry Point

No 10 Nguyen Cong Hoan Street, Giang Vo ward, Ha Noi, Viet Nam

Tel: +(84 4)3734 4764

E-mail: spsvietnam@mae.gov.vn