Tran Viet Dung 

Associate Professor, PhD, Dean of International Law Faculty, Ho Chi Minh City University of Law.  

Le Minh Nhut

LL.M., lecturer of International Law Faculty, Ho Chi Minh City University of Law.

Tran Thi Ngoc Ha

LL.M., lecturer of International Law Faculty, Ho Chi Minh City University of Law.

Abstract

Vietnam is recognized as one of the countries that have high biodiversity in the world, with many types of natural ecosystems, organisms, rich and endemic genetic resources. The biodiversity in Vietnam brings direct benefits to people and makes a great contribution to the economy, especially in agriculture, forestry and fisheries; it is the basis for ensuring national food security, maintaining genetic sources for breeding animals and plants. However, the country is also facing the condition of environmental degradation and the decline of the ecosystems due to the process of industrialization. The EVFTA and CPTPP provide substantial rules on protection of biodiversity. The agreements recognize that sovereignty over national resources and the right to determine access to genetic resources belong to the government of each country and subject to domestic laws. They shall endeavor to facilitate access to genetic resources for the right purposes; however, access to genetic resources must be subject to prior informed consent of the provider, unless provided by the respective state. In addition, the Vietnam must enhance cooperation and exchange of information with other contracting parties on the strategies, initiatives, policies, programs, action plans and consumer awareness campaigns to prevent the disappearance of biodiversity and reduce biodiversity pressure.

This paper will analyze the status of biodiversity commitments of Vietnam under the EVFTA and CPTPP and identify the challenges for Vietnamese government in strengthening the national law on biodiversity.