Law on the conservation and use of marine genetic resources - China's experience and lessons for Vietnam

The conservation and sustainable use of marine genetic resources (MGRs) has emerged as a critical strategic priority for many nations and is closely aligned with the broader objectives of sustainable development goals (SDGs). In this global context, Vietnam faces pressing legal questions: To what extent does the existing Vietnamese legal framework effectively govern the conservation and sustainable utilization of MGRs in accordance with the SDGs and evolving international obligations? What legal deficiencies remain unaddressed? This article seeks to elucidate the legal nature and significance of MGRs, critically examines Vietnam’s current legal provisions related to marine resource conservation and use, and benchmarks them against international legal standards. Furthermore, the study explores China’s experience in formulating a regulatory framework for MGRs, identifying key institutional and legal insights applicable to the Vietnamese context. Drawing on these analyses, this article offers concrete recommendations aimed at strengthening Vietnam’s legal architecture to promote the effective, equitable, and sustainable management of marine genetic resources. The analysis is grounded in the doctrines of the "Common Heritage of Mankind" (CHM), the principles of "The principle of sustainable development", and "The principle of good neighborliness and international cooperation".