C2.1.1. Policies, laws and regulations related to traditional knowledge

Viet Nam has a legal framework in place for respecting traditional and local knowledge, linked to its ratification of the Convention on Biological Diversity (CBD) in 1994. Traditional knowledge is defined in Article 8(j) of the CBD as including the “knowledge, innovations and practices…developed through the experiences of communities over centuries, adapted to local needs, cultures and environments and passed down from generation to generation”.[1]

Viet Nam’s National Biodiversity Strategy to 2020 and Vision to 2030 was submitted to the CBD in 2015 and includes activities to ‘establish a mechanism for managing access to genetic resources, sharing benefits, protection, and traditional knowledge of genetic resources.[2]

Viet Nam's National Biodiversity Strategy to 2030 and vision to 2050[3] was issued in 2022 and includes key tasks for strengthening the conservation of genetic resources, managing access to genetic resources, sharing benefits and protecting traditional knowledge on genetic resources. This NBSAP also includes objectives to ensure community rights and participation in protected area management. Other key tasks include: support to sustainable livelihood of local communities around natural conservation zones; support to establish natural conservation zones that are managed by local communities; and to encourage local communities to conserve plant and animal genetic resources.

Under the Law on Biodiversity (2018)[4] the State protects traditional knowledge copyrights on genetic resources, and encourages and supports organizations and individuals to register traditional knowledge copyrights on genetic resources (Articles 58 and 64), and requires sharing of benefits from access to genetic resources (Article 61).

The Law on Forestry (2017)[5] and National REDD+ Action Program (NRAP) (2017)[6] also include specific actions to respect and strengthen the knowledge and rights of Ethnic Minorities and Local Communities (EMLCs), ensuring their rights in accessing land, forest and forest resources. For example, through awareness raising activities to enhance the knowledge of communities on their legal rights; promoting forest land allocation to individuals, households and communities; and promoting co-management of natural forests.

Traditional knowledge and practices can also be reflected in local guidance and regulations related to forest management such as “huong uoc” or “quy uoc”. These local regulations have been reinforced in the Law on Forestry (2017), which requires the state forestry managers to work with communities to incorporate existing local level regulations in forest activities. In the case of the FCPF -ERP, traditional knowledge as reflected in local guidance and regulations related to forest management such as “huong uoc” or “quy uoc” were included in the previous ACMA process for the Program.

A range of government sectoral strategies and projects have also recognized the importance of traditional knowledge and equitable sharing of benefits from biodiversity resources and ecological systems’ services. For example:

• The Program on conservation and sustainable use of genetic resources until 2025 and vision to 2030 states that technology application combines with traditional knowledge in conservation and sustainable use of genetic resources to contribute to biodiversity conservation and natural environment protection.[7]
• The National Action Plan on transforming the food system to 2030[8] identifies key tasks, including: developing models of effective uses of land, water resources, genetic resources of plants and animals; maintaining and promoting traditional knowledge, and environmental protection of the food system .
• Circular No 28/2018/TT-BNNPTNT and Circular No 13/2023/TT-BNNPTNT on Sustainable Forest Management (SFM) requires the development of action plans to support local communities and people in terms of seeds, techniques, and training on sustainable management and protection of forests.
• The One Commune One Product (OCOP) program focuses on developing products that have advantages such as local materials, culture and traditional knowledge.[9]

 

[1] Secretariat of the Convention on Biological Diversity (2011), Factsheet on Traditional Knowledge

[2] Decision No. 1250/QD-TTg dated July 31, 2013 on approving National Biodiversity Strategy to 2020 and Vision to 2030

[3] Decision No. 149/QD-TTg dated January 28, 2022 on approving National Biodiversity Strategy to 2030 and Vision to 2050

[4] Law on Biodiversity Law (2018)

[5] Article 4, Law on Forestry (2017)

[6] Decision No. 419/QĐ-TTg dated July 25, in 2017 on NRAP

[7] Decision No. 1671/QD-TTg dated September 28, 2015 on approving Program on conservation and sustainable use of genetic resources until 2025 and direction to 2030

[8] Part III, Section 2(d), Decision No. 300/QD-TTg, dated March 28, 2023 on National Action Plan on transforming the food system

[9] Decision No. 919/QĐ-TTg dated August 1, 2022 on approving OCOP program in 2021-2025 period