Decision No. 64/2008/QD-BNN promulgating the Regulation on management of production of and trading in industrial and perennial fruit tree varieties

44 OFFICIAL GAZETTE Issue!!lJS 01=021JUfl£ 2008 (C609 BaD nos 33,5.33&June 5, 2008) THEMINJSTR,lES THE MINISTRY OFAGRICULTURE AND RV/lALDEVCWPMENT DECISION No. 64I2OO8IQD-BNN OF MAY 23, 2008, PROMULGATING THE REGULATION ON MANAGEMENT OF PRODUCTION OF AND TRADING IN INDUSTRIAL AND PERENNIAL FRUIT TREE VARIETIES THE MINISTER OFAGRICULTURE AND RURAL DEVELOPMENT Pursuantto theGovernmentsDecreeNo. 01/ 2008IND-CP ofJanuary 3, 2008, defining the junctions, tasks, powers and organizational structure oftlu: Ministry ofi1gric"'ltur" and Ru,.al Development; Pursuant to March 24, 2fXJ4 Ordinance on Plun; Vmit:tie-;; No. lS12004IrL-UDNQIlll, of the National Assembly Standing Committee; At the proposal of the director of the Culuvuuon Department ural the direcu» of the Science, Technology and Environment Department, DECIDES: Article 1.~ To promulgate together with this Decision the Regulation Ull mauagtollll:JIl of production of and trading in industrial and perennial fruit tree varieties. Article 2.- This Decision takes. effect 15 (fifteen) days after its publication in "CONG e VIETNAM LAW &LEGAL FORUM Issue nos01-o2lJune 2008 (GOng BaD nos 335-3361June 5.2(08) OFFICIAL GAZETTE BAO" and replaces the Agriculture and Rural Development Minister's Decision No. 67/2004/ QD-BNN of November 24, 2004, promulgating the Regulation on selection, accreditation, management and use of leading varieties and leading variety gardens of industrial and perennial fruit trees. Article 3.- The director of the Ministry's Office, the director of the Cultivation Department, the director of the Science, Technology and Environment Department, directors of provincial/ municipal Agriculture and Rural Development Services,heads ofconcernedunits, and concerned individuals shall implement this Decision. For the Minister ofAgriculture andRural Development VU'e Minister BUI BA BONG REGULATION ON MANAGEMENT OF PRODUCTION OF AND TRADING IN INDUSTRIAL AND PERENNIAL FRUIT TREE VARIETIES (Promulgated togetherwith the Agriculture and Rural Development Minister's Decision No. 64/ 2008/QD-BNN DIMav 23. 2(08) ChapterI GENERAL PROVISIONS Article 1.- Scope ofregulation and subjects of application 1.This Regulation provides for the order and procedures, and responsibilities of involved organizations and individuals for registration, certification and exploitation of variety sources, and certification of variety quality; conditions on the production of and trading in industrial and perennial fruit tree varieties by the cloningmcthod. 2. This Regulation applies to Vietnamese and, foreign organizations and individuals in Vietnam that ('onr:hu:,t ::J.(,tivitil:''> <>pE'('ifiN'I in Clause 1 of this Article. Article 2.- Interpretation of terms In this Regulation, the terms below are construed as follows: I. Industrial andperennial fruit trees means imJusuial amJ perenulal [I uit UIX varieties whh a basic texture period and trading period of many years. 2. Leading variety means trees with a high and stable yield and quality, and a resistance much better than other trees ina population of avariety selected and accredited for use as a propagating material source. 3. Leading variety garden means 3 garden propagated by the cloning method from leading vaneues or domesticated anginal varieties, and assessed and accredited by a competent authority for use a propagating material source. 4. Var iety ~UI\:'C mean:'> a collecfive name indicating accredited leading varieties and leading variety gardens. 5. Citrus tree So means a tree cloned from a leading variety citrus tree, inspectedandcertified to be free from Greening and Tristeza disease germs. Trees So are used and exploited as propagating materials to produce trees 8\, 6. Citrus tree 51 means a tree cloned from a tree So' inspected and certified to be free from Greening and Trtsteza disease germs. Trees S, are © VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos 01-G2lJuoe 2QQ8 (r.fJno BatlM~ 1'5-.~3NJfmp. 5, 2MB) used and exploited as propagating materials to produce trees 57' 7. Citrus tree 52 means a tree cloned from a tree 51' inspected and certified to be free from Greening andTristeza disease germs. Trees S. are grown for fruits and not used and exploited as propagatingmaterials. 8.Propagatingmaterials means parts ofa tree, suchasroots, branches,buds,grafts, etc.,exploited from a vatiety source for cloning. 9. Code of variety source means signs of a leading variety or leading variety garden given underregulationsbya provincial-levelAgriculture and Rural Development Service in the locality where that variety ~O~lOCo;'€''l(id,, 10.Cooeof seedling tree lotmeans signs ofa seedling tree lot for identifying the origin of that lotgiven blJ the institutionalor individualbreeder itself/himself/herself underregulations. II. Organization certifying quality standard confonnity(referred to as certifying organization for shornmeans an organization that conducts the supervision, examination and grant ofcertificates ofquality standard conformity and is designated by acompetent state agency, 12 Quality standard conformity certificate means a, certificate granted by a certifying urgaulwUvll tu a seedling 0-= lot, ensuring the originality (propagated from the variety source), disease-free status and conformity with relevant standards. 13.Industrial and perennial fruit treevarieties subject to compulsory certification of quality standard conformity means varieties on the list of industrial and perennial fruit tree varieties subject to compulsory certification of conformity with quality standards promulgated by the Ministry of Agricutture and Rural Development. 14. Cloning cycle means a period from the commencementofbreeding activities (sowing for rootstock seedling, layering cuttings, etc.) to the ex-gardening of seedling trees under technical processes. Chapter11 ORDER OF REGISTRATION AND ACCREDITATION OFVARIETY SOURCES Article 3.- Registration for accreditation of variety sources 1. Submission of dossiers Organizations and individuals that wish to register for accreditation of variety sources shall send their dossiers to provincial-level Agriculture and Rural Development Services in localities where these variety sources exist. A dossier comprises: al An application for registration for accreditation ofa variety source, made according to a set fonn; hi Other relevant documents: the plan of the tree garden, a brief reporton the history of the variety source; yield, quality and pest and unfavorable condition resistance of the variety source; results ofprevious researches orcontests (if any). 2. Receipt ofdossiers: Provincial-level Agriculture and Rural Development Services shall receive and examine dossiers ofregistration tor accreditauonot vanety sources. Ifdossiers are invalid or incomplete, they shall promptly notify such to concerned organizations and indi"idu~ls for addition and completion. Article 4.- Selection, assessment and accreditation or varteiy ~OU1U;~ © VIETNAM LAW & LEGAL FORUM Issue nos01.Q2IJune 200S (01ng Ran nn.~ .1.15-.':I.'W11lflP. .Ii, ?f1{JR) OFFICIAL GAZETTE 47 1. Selection of leading variety trees a/ Selection councils Directors of provincial-level Agriculture and Rural Development Services shall issue decisions on setting up councils for selection of leading variety trees. A council is composed of 7-9 members, including representatives of the provincial-level Agriculture and Rural Development Service, experts from specialized universities and research institutes and concerned organizations in the locality. In case the variety source owner is acentrally managed unit, there must be a representative of the Cultivation Department. The council chairman must be an expert in trees proposed for selection. b/ Selection order The selection council shall inspect technical contents and other relevant standards of leading variety trees. When necessary, me council chairman shall send a group of experts to conduct field assessments of leading variety trees registered for accreditation and send reports to the council. The council shall organize the selection and assessment and send a written request for accreditation (or non-accreditation) to the provincial-level Agriculture and Rural Development Service. 2. Assessment at Ieadmg variety tree gardens aJAssessment team Directors of provincial-level Agriculture and Rural DevelopmentServices shall Issue decisions on setting up teams for assessment of leading variety tree gardens. An assessment team iii composed of )-5 members, including representatives of specialized sections of the Service and representatives of concerned organizations in the locality. bl Assessment order The assessment team shall examine the dossier and conduct a field inspection of the registered garden; and send a written record of assessment and request for accreditation (or non accrecnauom 10 the provtnciai-tever Agriculture and Rural Development Service. 3. Grant of variety source certificates a! Based on the written record of assessment of the selection council, the teamfor assessment of the leading variety tree garden and thedirector rrf thp. p1Tlvinr.i~1 lp vpl Ageiculture and Rural Development Service shall consider and decide on the grant of a variety source certificate. bl A variety source certificate is valid for 3 (three) years for leading variety and SQcitrus tree gardens after being accredited. 4. Renewal ofvariety source certificates a/ Threemonrhs before the expiration of their variety source certificates, if variety source owners wish to register forre-accreditation ofthetr variety sources {mcludmg also those accredited by competent authorities before this Regulation is promulgated) they shallsend dossiers toprovincial level Agriculture and Rural DevelopmentServices for consideration and handling. bl Adossier of registration for re-accreditation of a variety source comprises: an arohcarionfor re-accreditation of the variety source; a copy of the latest accreditation decision; a variety source diagram; a brief report on growth, yield, quality and quantity at exploited propagating materials since the last time of variety accreditation. cl Provincial-level Agriculture and Rural De vG!UVlIlC;Ul SCt vieee shall organize the © VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos 01-o2lJune 2008 (COng Baa nos 335-336/June 5, 20(8) inspectionand assessmentof variety sourcesand reaccredit thesesources if they satisfythespecified conditions. 5. Management of exploitation of variety sources aJ Certifiedvariety sourceswillbegivencodes: For leading variety treesand citrus treesSo'these codes shall be affixed directly on those trees. Codes shall be given by provincial-level Agricultureand Rural Development Services; hi Variety sources may be put into use in production or business at the level stated in their certificates: d Vacie.ty sourcesbeing leading variety trees must he preserved at places <:IMP-d in their certificates; citrus trees Somust be preserved in standardnethouses to be freefrom disease vectors; d/Leadina varietytrees of citrus speciesmust have their disease-free status inspected and assessedorce a year. TreesinfectedwithGreening or some other viral diseases will have their accreditationcertificatesrevoked but may still be usedas materials fordisease eliminationoras trees So if all conditions are satisfied; t:ICi tr us uees So IIIU:;t ha ve their disease-[.ee status inspected and assessed once a year. Trees infected with Greening or some other viral diseaseswI be removed and must notbeusedas propagating materials; fJ Gardens of citrus trees S I must have their disease-freestatus inspectedand assessedonce a year.Trees infectedwith Greening or some other viral diseasesmust be promptly removed. The duration for exploiting propagating materials from citrus trees Soand citrus trees SI must not exceed 3 (three) years. 6. Invalidationof variety source certificates a/Variety sourcecertificates willbeinvalidated in the following cases: Variety source owners fail to perform the responsibility specified in Clause 2, Article 5 of thisRegulationafter provincial-levelAgriculture and Rural Development Services inspect and request themto takeremediesfor theirviolations. Accredited variety sources degenerate or infected with disease (for citrus trees) and fail to satisfy the set standards. bl Based on written records of inspection, directors ofprovincial-levelAgriculture andRural Development Services shull decide to invalidate variety sourcecertificates. 7. Expenses for accreditation or re accredi tation of variety sotlr~p." Organizationsand individualsthatregisterfor accreditation or re-accreditation of varietysources shall bear related expenses under the Finance Minister's Decision No. l1l2008/QD-BTC of February 19, 2008. Article5.• Rights and responsibilities ofvariety source owners 1. Rights aJ To advertise and introduce their variety sources under the law on advertisement; blTo exploitand tradeinpropagating materials from variety sources accordingto variety source certificates; d Tolodgecomplaints and denunciationsand claim compensations for damage caused by acts of illegally harming variety sources. 2.Responsibilities aJ To care for, protect and exploit variety sourcesin strictcompliance of technical processes; bl To supply propagating materials for organizations and individuals that produce and trade in plant varieties when so requested by © VIETNAM LAW & LEGAL FORUM Issue nos 01.Q21June 2008 (COng Bao nos 335-336IJune 5,2008) OFFICIAL GAZETTE 411 competent state agencies on the principle of harmonizing benefits of involved parties; clTo keep booksfor-monitoring thesupply of propagating materials; dlTo annually report on results ofexploitation, growth and development of variety sources and changes related to the transfer of ownership of variety sources (if any) to provincial-level Agriculture and Rural DevelopmentServices that have grantedcertificates, C/wpterll/ CONDITIONSON PRODUCTION OF OR TRADINGIN INDUSTRIALAND PERENNIALFRillT TREE VARIETIES Article 6.- Conditions on production of or trading in industrial and perennial fruit tree varieties 1. An establishment producing industrial and perennial fruit tree varieties for commercial purposes must satisfy the following conditions: aJ Having aplant variety production ortrading registration certificate; b1IIaving or hiring skilled cultivation workers for breeding industrial and perennial fruit trees; cl Having variety sources or contracts on purchase ofpropagating materials frotT\. accredited variety sources; dI Having disease-free nurseries suitable to growth and development needs of produced varieties; eI Entering into contracts with accreditation organizations forsupervisingand grantingquality standard conformity certificates for industrial and perennial fruit tree varieties subject to compulsory certification ofquality standard conformity. Z. Households and individuals that produce industrial and perennial fruit tree varieties for non commercial purposes are notrequired to satisfy the conditions specified inClause 1of this.Article but must ensure that the quality of their varieties conforms to the specified standards. Anide 7.- Responsibilities ofowners ofvariety production establishments 1 Til annually report on Tf' "l1lt, IlfTlflll"lllctilln of seedling trees (time, categories andquantity of ex-gardened trees) to provincial-IeveiAgriculture and Rural Development Services. 2. To keep books for monitoring the propagation process in each lot of seedling trees, withdiagrams andsignboards showing thecode of each lot in nursenes. 3. To issue sale invoices anddocumsntsrelated to variety origin to purchasers. 4. To pay expenses for quality certification under agreements with certifying organizations and the FinanceMinister's Decision No. 1112008I QD-RTC of February 19. 2008 Article8.- Labelingof industrial and perennial fruit tree varieties 1. Labeling must be carried out under the general provisions of the Government's Decree No. 8912006/ND-CP and Article .;39 of the Ordinance on Plcm Vcricnco. 2. Mandatory information in labeJ.s. includes name of variety, code of variety source narneand address of production establishmere date of seedling tree inspection, and inspector. 3. Labels shall be printed and affixed on each seedling tree or printed on rootstock bags (for seedling trees sowed for seedling in large-sized. boxes), or printed on straps, boxes OT bags (fOT seedling trees with uncovered rootstock or those with small-sized rootstock bags). © VIETNAM LAW & LEGAL FORUM 50 OFFICIAL GAZETTE Issue nos 01-D21June 2008 (Cong Baonos 335-33&'June 5, 2008) Chapter IV CERTIFICATION OF QUA.LITY OF INDUSTRIALAND PERENNIAL FRUIT TREE VARIETIES Article 9.- Conditions on and procedures for registration and designation of certifying organizations 1. A untt may be destgnated as a certifying organization when satisfying the following conditions: alHaving the legal entity status; hi Having or hiring plant variety inspectors accreditedby the CultivationDepartment; el Havmg a laboratory or entering into u contract with a laboratory capable of inspecting the viral disease-free status, for certification of disease-fl-ee citrus trees. 2. Unitswishingto bedesignatedascertifying organizations shall send their dossiers to the provincial- levelAgriculture and Rural Develop mentServiceofa provinceor city (if theyregister for operationonIyin that province or city), or the Cultivation Department (if they register for operation in uuue than uue province 01 city). A dossier comprises: aI An application of registration for being designated as a certifying organization, made accordingto a set form (not printed herein); bI Acopy of the establishing decision or the business registrationcertification,or a document certifying the function of quality certification; cf A declaration of conditions of the organization, made according to a set form (not printed herein). 3. Within 15 (fifteen) working days after receiving validdossiers, dossier-receivingagencies shall examine these dossiers and issue decisions ondesignation ofcertifyingorganizations ifall the specifiedconditionsare satisfied. If the specified conditions are not satisfied, dossier-receivingagencies shall notifyin writing reasons for refusal to issue designationdecisions and the time limit for satisfaction of these conditions. 4. A decision on designation of a certifying organization is valid for 3 (three) years. Upon the expiration of thisduration, certifyingorganizations thatwish tocontinuecertification operationsshall makere-registration, Upon detecting that certifying organizations commit violations,the designatingagenciesshall issuedecisionsto cancelor invalidatedesignation decisions already issued to these certifying organizations. If no organization registers for being designated as a certifying organization in Us locality, theprovincial-levelAgriculture andRural DevelopmentServiceshallconsideranddesignate a unit attached to it :mrl sari sfying all I'Jlf'r.ifierl conditionsas a certifying organization. 5. Certifying organizationsshallpay fees and charges for dossier examination and grant certificates under current regulations. Article 10.· Responsibilities of certifying organizations L To supervise the variety production and inspection of the quality of seedling trees before they are brought out of gardens. In the course of supervisionand inspection of standard conformity, if detecting violations, they shall promptly notify them to varietyproduction establishments and local management agencies for handling. 2. To send reports on results of standard conformity certification to agencies which have © VIETNAM LAW & LEGAL FORUM Issue nos 01·02lJune 2008 (COno Bao nos 335-33f1June 5. 2(08) OFFICIAL GAZETTE 51 issued decisions to designate them as certifying organizations. 3.To take responsibilitybefore lawfor results of their certification. Artide 11.- Order of registration, supervision and grant of certificates of varietyqualitystandard conformity I. Before commencingthe productionof plant varietieson the listof industrialand perennial fruit treevarieties subjectto compulsory quality standard conformity certification, variety production establishments shall register with designated certifyingorganizationsfor supervisionand grant of certificates. Registrations must state standards or ~lXrJI ing trees applicable under current regulations. 2.Basedon registrationsof varietyproduction esrahlishmenrs. certifying organizations shall supervise thepropagationprocess(varietysource, physicalandtechnical conditionsforpropagation), inspectthequantityandqualityofseedlingtree lots and compare them with announced standards. If allconditionsare satisfied, theyshallgrantquality standard conformity certificatesfor seedling tree lots. 3.Aquality standardconformitycertificatefor each seedling tree lot is validfor nomore thanone cloning cycle of that tree <:,pN~it',<:. Upon the expirationof the validityduration, if that seedling tree lot is not sold out, the variety production establishment shall notify such to the certifying organizationforconsideration and prolongationof the time limit for sale of remainingseedlingtrees, Chapter V ORGANIZATION OF IMPLEMENTATION Article 12.- Inspection, and hanclli ug of violations 1 Org::lni7:Jtions and individuals that are owners of variety sources and engaged in the production of and trading in industrial and perennial fruit tree varieties, and certifying organizations shall submit to regular or extraordinary inspection by the Cultivation Department, provincial-level Agriculture and Rural DevelopmentServices, and competent state management agencies in localities. 2. Organizations and individuals mat violate mgnlations on management ofproduction or and trading in industrial and perennial fruit tree varietiesshallbehandledunder theGoverrunent's Decrees No, 57J2005/ND-CP of April 27. 2005, on sanctioningof administrative violations in the domain of plant varieties, and Decree No. 1721 2007/ND-CP ofNovember 28,2007. amending nnd supplementing a nwnber ofarticles ofDecree No. 57/2005/ND-CP of April 27, 2005 Article 13.-Assignment of responsibilitiesfor performing the state management I. The Cultivation Department shan directly assist the Agriculture and Rural Development Minister in performing the state management of the production of and trading in plant varieties nationwide,havingthefollowingresponsibilities: <J1 Th formulateandpropose 10 me ii)grtcunure andRural DevelopmentMinistryforprcrnulgation and direction implementation policies on management of the production or and-trading in industrial and perennialfruit tree varieties; b/ To propose plans on elaboration of new national standards and technical regulations on industrial and perennial fruit tree varieties, and review,amend and supplementexisting ones and guide and inspect the implementation of these staudards aud tecluiical regularlons; © VIETNAM LAW & LEGAL FORUM 52 OFFICIAL GAZETTE Issuenos 01-D2lJune 2008 (r:fJna Ran nos 335-33&'June 5. 2(08) cl To guide the selection, assessment and accreditation of industrial and perennial fruit tree variety sources; d/To elaborate and direct the implementation of regulations on inspection and testing of the quality of industnal and perennial fruit tree varieties. To organize professional training and retrainingfor and grant cenificates tu plant variety inspectors and testers; el To evaluate and designate certifying organizations that register for operation in more than one province or city; f1Tosum up and publicize on an annual basis lists of variety sources and designated certifying organizations on itswebsite; gj To lnspecr, examine and settle complaints and denunciations, and handle violations in the managerrentof the production of and trading in industrial and perennial fruit tree varieties. 2.TheScience, Technology and Enviromnent Department shall: af Organize the elaboration of new national standards ¥Id technical regulations on propagation ofindustrial and perennial mdustnal treevarieties, andrevie:w amend and supplement existing ones; hiCoordinate with the Cultivation Department ill I1lUullOJ ing dud assessing varicty sources in the course of selection and accreditation of variety sources, and participate in the Council for selection of leading variety trees in case variety source owners are centrally managed units. 3. The National Agricultural and Fishery Extension Center shall: aIAllocate funds from theNational Agriculture Extension Program in support of caring for and preservation of industrial and perennial fruit tree variety sources; bl Organize propagation models for newly accredited plant varieties for the purpose of production expansion. 4. Provincial-level Agriculture and Rural Development Services shall: aJ Organize the selection, assessment, grant or invalidation of certificates for industrial and perennial fruit tree variety sources in their localities; regularly monitor, manage and guide the effective exploitation of accredited variety sources; bl Evaluate and designate organizations to certify industrial andperennial fruit tree varieties, for organizations registering for operation within their provinces or centrally ron cities; d Direct, guide and inspect the implementation ofnational standards and technical regulations on industrial and perennial fruit tree varieties. dI Elaborate and propose to provincial-level People's Committees for approval and promulgation producer standards and local technical regulations on industrial and perennial fruit tree varieties, for varieties for which no national standard or technical regulation is available yet; eIRegularly update and publicly notify a list of accredited or disaccredited variety sources, and a list ofdesignated certifying organizations on the mass media; and annually reportto the Cultivation Department for summing up and posting on the Department's website; t/Jnspect, examine, and settle complaints and denunciations, and handle violations in the management of the production of and trading in industrial and perennial fruit tree varieties in their localities. Article 14.- Implementation provisions 1. Previously accredited and certified variety © VIETNAM LAW& LEGAL FORUM I$$ue nos01-o21June 2008 (Cfmo BaD nos 33..1-.1'lfi1Jrme 5, 20(8) OFFICIAL GAZETTE 53 sources will continue beingaccredited until the expiration of the validity of theircertificates. 2.Labelsofall kindsusedbeforetheeffective dateof thisRegulation which are incompliant with this Regulation may be furtherused for no more than one year after the effective date of this Regulation. Any problems arising in the course of implementation shouldbe reponed in writing to the Ministry of Agriculture and Rural Development for supplementation oradjustment. For the Minister of Agriculture ami Rural Development Vice Minister BUI 6A BONG © VIETNAM LAW & LEGAL FORUM