Circular No. 79/2011/BNNPTNT providing the certification and announcement of plant seed quality conforming with technical regulations

Issue nos 06.07/November 2011 OFF ICIAL GAZETTE (Gong BaaNOS 609..fJIO/December I, 20 II) 17 THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT Circular No. 7912011/BNNPTNT or November 14, 2011, providing the certification and announcement of plant seed quality cOIlfoc~ with technical regulations Pursuant to the Government's '~ree No. 0112008/ND-CP ofJanuary,"], 2008..dejining the junctions, tasks, powers and organizational .,; organizations ofthe Ministry ofAgriQl1.ture and Rural Development; and Decree N~'::;15/2{)()9/.-.. ND-CP of September 10, 2009, PJIlending Article 3 ofDecree No. OII2008/NtJ1;P; ~ Pursuant to the June 29, 20tJtt;Law on Standards and Technical Regulatiof'rr,",.. Pursuant to the November 21,2~ Lawon Quality ofProducts and Goods; Pursuant to the April 5, 2004 Ort'iMance on Plant Varieties; The Minister of Agriculture hitd Rural Development stipulates the certifi~~iion and announcement ofplant seed quality (!(JUfonning with technical regulations asfollow,,: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation and subjects uf application , © VIETNAM LAW & LEGAL FORUM 18 OFFICIA L GAZETTE Issuenos06-07fNovember lOll (Gong Baa 110S 609-6101Dcccmbcr 1,2011j 1. This Circular provides the order and procedures for certification and announcement of technical-regulation conformity of plant seeds on the list of products and goods of group 2 promulgated by the Ministry of Agriculture and Rural Development. 2. This Circular applies to domestic and,. foreign ~anizatl0ns and individuals engaged in the pr6~ction and trading of plant seeds and ccrtific~ of plant seed quality conforming " with tec6iijcal regulations, Artic~2.1nterpretationof terms ~" In thi.iJ..Circular, the tenus and expressions below are construed as follows:....-.,.. 1.PI~eds on the list of products and goods of gro~which is promulgated together with the Miii;itry of Agriculture and Rural Develojment's Circular No. 50/201O/TT BNNPTm' of August 30, 2010, amending and supplen't~1Ung the lisl of products and goods of group 2.liQmulgated together with Circular No, 5012009l¥f-RNNPTNT of August 18, ?DOQ, include seeds of rice, maize, groundnut, soybean andpotamand other plant seeds which are added ~""" to the linder regulations of the Ministry of Agricul~and Rural Development; 2, Se~(! lot code means a code given to a seed lot under regulations for identifying and tracking its origin; 3. Pre-control means the sowing of samples of a seed lot on testing field plots to verify the trueness and purity before a technical-regulation conformity certificate is granted for this seed lot; 4,Post-control means the sowing of samples of a seed lot on testing field plots to verify the trueness and purity after or at the same time with the use of this seed lot; 5, Certification of plant seed quality conforming with technical regulations (below referred to as regulation conformity certification) means the evaluation and certification by a certification organization of the quality of a plant seed to conform with relevant technical regulations; G, Certified rice seed 1 (XNl) means rice seeds propagated from basic seeds according to the process of certified rice seed production and reaching the quality standards of QCVN 01-54:2011nTBNNPTNT; 7, Certified rice seed 2 (XN2) means rice seeds propagated from certified seeds 1 according to the process of certified rice seed production and reaching the quality standards of QCVN 0l-54:201InTBNNPTNT. AMide 3. Grounds for regulation conformity announcement and regulation conformity marks I, For pre-bask seeds or parental hybrid seeds of FI hybrid seeds: Their regulation conformity shall be announced on the basis of results of regulation conformity certification by designated certification organizations. 2, For basic or certified seeds: Their regulation conformity shall be announced on the basis of results of regulation conformity certification by designated certification organizations or results of regulation conformity 'C 'f\ETNAM LAW 6 LEGAL fORUM Issue oos06-07lNovcmbcJ'2011 OFFICIAL GAZE HE (Gong Baanos609-6IO/December 1, 2011) 19 self-evaluation by plant seed producers or traders. 3. Regulation conformity marks comply with Clause 2, Article 4 of the Minister of Science and Technology's Decision No. 24/2007/QD BKHCN of August 29,2007, promulgating the Regulation on regulation conformity certification and announcement of standard conformity and regulation conformity certification. Article 4. Designation and management of operation of plant seed quality certification organizations 1. Conditions, dossiers and procedures for designation and management of operation of certification organizations comply with Circular No. 32/201OffT-BNNPTNT of June 17,2010, specifying plant seed and product and fertilizer sample takers, inspectors and quality certification organizations. 2. Evaluators of certification organizations include field inspectors, sample takers and testing statts. 3. Certification organizations being plant seed producers or traders must have quality control systems and quality certification sections which operate independently from production, business, marketing, financial and organizational sections in the same organization. Chapter II REGULATION CONFORMITY CERTIHCATIONANDSEL~EVALUATION Article 5. Regulation conformity registration and contracts 1.For producers and traders of pre-basic seeds or parental hybrid seeds or FI hybrid seeds: Before production or importation, they shall register for regulatiun confor rni ty certification with a designated certification organization. For other types of seeds. registration forJW1lation...." conformity certification or regulation ~ormity self-evaluation shall be conducted urrt1etArticle 12 of this Circular. 2. Declarations for regulation conformity certification registration, made acc<J11!lng to a form provided in Appendix I or II to t~C:ircu1ar for domestically produced or impo"Mll seeds, respectively, shall be sent to ceiiiH"ication organizations specified ill Clause I ufli<; Article. 1III::i':~-3. After receiving declarations, ceTt'ffication-, organizations shall sign regulation 'f!Jfomlity certification contracts with registra~ Article 6. Method and process of~u1ation conformity certification 1. Regulation conformity certifiQUon shall-be conducted by Method 7: Te~g and evaluation of product or goods lot~hich is provided in the Minister of Sc~ce and Teclmulogy's Deci siun Nu. 24/~7IQD­ BKHCN of September 28,2007, promulgating the Regulation on certification of regulation conformity and announcement of standard conformity and regulation conformity certification. 2. Process of regulation conformity certification © VIETNAM LAW &LEGAL FORUM OFFICIAL GAZETTE Issue nos (l6-07INovember 20ll (Gong Bao !10S 609-61OlDecember 1, 20m aJ for domestic varieties, this process involvesthe followingsteps: Inspection of seeding fields: Takingof samples of seed lots; Testingof samples; Pre-control (for lots of maternal 2-line hybridrC:c:seeds andlotsof F1hybridriceseeds whichai»odoubted in the course of inspection); .. Gr.-.ofa regulation conformity certificate. b1Fo~ported seeds, this processinvolves.... the follq~ng steps:'.'. Ta. of samples of seed lots; Tesrifig of samples; Gra!1tof a regulation canformity certificate. Arfte+e 7. Inspectionof seeding fields 1. S~ing fields shall he inspected by inspectcili who are designated or possess ............ training., certificates of certification organiut'ions or have signed inspection contractsyith these organizations. 2.The method of inspection of seeding fields complieswiththe relevanttechnical regulation. >';',';?... 3. (,)My seeding fields already inspected to conforuith technical regulations may be . .w allowedfor harvest for seeds. 4 Written records of inspection shall he madeaccording to a form provided inAppendix 3, 40r 5 to this Circular. Article 8. Taking and preservationof seed samples I. Taking of samples aJ Samples shall be taken by persons who aredesignated byor possess training certificates of certification organizations or have signed sample-taking contracts with these organizations; bl The sampling method complies with the relevant technical regulation; Double samples shall be taken from each seed lot, one will be sent to the certification organizationwhile the other will be kept at the productionestablishmenthaving{he seed IOL cl For a seed lot subject to pre-control or post-control, an additional sample (weighingat least 250 g) shall be taken for pre-control or post-control. 2. Preservation of seed samples Seed samples shall be preserved in proper conditions for at least six months after they are received. Article 9. Testingof seed samples 1. Only samples of domestic seed lots accompanied with written records of satisfactory field inspectionresults or samples ofimported seedlotswithcustomsdeclarations may be tested. 2. Seedsamples shall be tested by designated or accredited laboratories. 3. Testing methods comply with relevant technical regulations. 4. Slips of plant seed sample testing results @ VIETNAM lAW & LEGAl.. FORUM Issue nos 06-07INovember 2011 OFFICIAL GAZETTE (Gong Bao nos609-61O/December t, 201f) 21 shall be made according to a form provided in Appendix 6, 7 or 8 to this Circular. Article 10. Pre-control 1. Domestically produced maternal lots of 2-line hybrid rice seeds with satisfactory field inspection results or lots of F 1 hybrid rice seeds which are doubted in the course of inspection shall be subjected to pre-control for evaluating their trueness and purity. 2. Pre-control methods comply with relevant technical regulations. ::I Reports on pre-control results shall be made according to a form provided in Appendix 9 to this Circular. Article 11. Grant of regulation conformity certificates 1. A plant seed lot will be granted a regulation conformity certificate, made according to a form provided in Appendix 10 or 11 to this Circular, when satisfying the following requirements: a/ It is a domestically produced seed lot with satisfactory field inspection results, seed sample testing or pre-control (for maternal 2-line hybrid rice seeds and F 1 hybrid rice seeds which are doubted in the course of inspection); b/ It is an imported seed lot with seed sample testing results in conformity with technical regulations. 2. Each seed lot will be granted a regulation confonnity certificate. Copies of the original regulation conformity certificate already granted by a certification organization to a seed lot shall be issued by this organization or certified by a competent agency. 3. In case a plant seed lot registered for production is basic seeds or certified seeds 1 (for ricc seeds) but only re acae.. lower standards, it shall be granted a c~cate of conformity with regulations applicab~ to such <-". ... " lower level if the seed lot owner so ~guests in writing. 4. For hybrid rice seeds, if there-iS a doubt about distinct criteria of other varieJ{ seeds, a certification organization may st,W.l..grant a regulation conformity certificate afGthe seed lot owner commits in writing to glfM.!mteeing the seed quality and paying comp~tion for any damage caused by the seed to farmers, and f'''' conduct post-control of samples o~ch seed lot. 5. Pursuant to Articles 5, (5, 7, ~~ and 10 and Clauses 1, 2, 3 and 4 of th~~Article, certification organizations shall guim?in detail-. the order and time limit for dossier smfmission, "evaluation and grant of technical ~ulation conformity certificates for seed lots, Article 12. Regulation confo~ty self evaluation Seed producers and traders shall conduct regulation conformity self-evaluation for basic seeds and give certification in the following order: 1. Seeding field inspection, which shall be © VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos06-07INovember2011 «(;flng Ban nm tS09-fr I(}/T)eumher I, 20II) conducted by inspectors who are designated by orpossess training certificates of, or have signed inspection contracts with, seed producers or traders under Clauses 2, 3 and 4, Article 7 of this Circular. 2.Taking of samples of seed lots, which shall be cond~ed by persons who are designated by or ~ess training certificates of. or have signedinspection contracts with, seed producers ....... ortrade~ ...... 3. S~ samples shall be analyzed at designat~or accredited laboratories.=4.O~seed lots with inspection and testing results corl'fonnable with technical regulations . -' may be'tfaded or exchanged for commercial,... purposes." Arti~·13.Post-control 1. PC-control is compulsory for seed sampk~ich arc doubted in the course of testing~edsamples requested by competent state matmgement agencies. Post-control is encouragto for other seed samples. 2. P~control methods comply with relevantsechnical regulations. 3. In~e a seed sample is found, through post-control, not up to quality standards, the post-control unit shall make a written record certified by the post-controlled sample owner and the organization that has granted a regulation conformity certificate for the seed lot In case the post-controlled sample owner or the certificauon organizaiion refuses to give such certification, the written record will still be valid with the signature and seal of the post control unit and serve as a basis for violation handling under regulations. 4, Within 15 (fifteen) days after the post control is completed, the post-control unit shall send a report on post-control results, made according Lo <1 funn provided in Appendix 9 to this Circular, to the Department of Crop Production, the competent state management agency that has requested the post-control, the seed lot owner and the organization or person that has evaluated the regulation conformity of such lot's quality. Article 14. Seed lot codes 1. Each seed lot must have its own code for monitoring and uniform management, which shall be used throughout the course of production, preservation, trading and use of such seed lot. 2. Seed producers and traders shall code their seed lots under Clause 3 of this Article and use these codes for internal management and regi stration wi t h qua Ii ty certification organizations. 3. The code of a seed lot consists of 6 fractions arranged in the following order: code of the province (or the centrally run city); code of the seed producer or trader; code of the plant species; code of the seed level; code of the crop season and year of production or year of importation; and code of the seed lot produced or imported in the year. @ V\E1'MI\M lAW& LEGAL FORUM Issuenos06-07INonmber 2011 OFFICIAL GAZETTE (GOng BaaIIOS60Y-6IOIDecember t, 201l) 23 a/ The code of a province or centrally run city shall be given according to the telephone code provided in Appendix 12to this Circular; bl The code of a seed producer or tradershall be stipulated according to Appendix 13 to this Circular,and notified to the Departmentof Crop Production by the provincial-level Agriculture and Rural Development Department of the locality in which this producer or trader is granted a business registration certificate; cl The codes of piant species, seed level, the crop season and year of production or year of importation shall be given according to Appendix 14 to this Circular; dJ The code of a seed lot For domestic seed lots: the code of a seed lot is the ordinal number of the seeding field plot given by the seed producer according to Appendix 14 to this Circular upon the commencement of the seed production; For imported seed lots: the code of a seed lot is the ordinal number of the seed lot given by the seed importer according toAppendix 14 to thisCircular,upon the importationof the seed lot. 4, Apart from labeling their goods under regulations, plant seed producers and traders shall print seed lot codes on seed lot packages, Article 15. Seed lot dossiers I. For a seed lot with a regulationconformity certificate granted by a certification organization, a dossier comprises a registration declaration, it written record of inspection, a customs declaration, a written record of sample taking, a seed sample card, a sample receipt, slips of testing and pre-control results, copies of the regulation conformity certificate made according to a form provided in Appendix 10 or 11 to this Circular,and results of post-control (if any). This dossier shall be ~t at the certification organization. 2. For a seed lot subject to ~e~ula{jon conformity self-evaluation conduc:teti-by the seed producer or trader, a dossier c~prises a written record of inspection, a wrieererecord of sample taking and a slip of testGiresuhs, and shall be kept by the seed produceeer trader. Article 16. Regulation c<mformity certification charge A regulationconformity certifica~ charge shall be paid by quality certification]egistrants under the law on charges and fees.I~se there is no regulation prescribing this charp, parties shall agree on this charge under co~cts. Chapter III RECEIPT OF PLANT SEED REGULATION CONFORMITYANNOUNCE~NTS Article 17. Order of receiving regulation conforruity announceuients 1. An organization or individual wishing to announce regulation conformity shall send 1 (one) dossier set for regulation conformity announcement by post or directly to the © V\~lN MLAW & LEGAL FORUM OFFICIAL GAZETTE lssuenos06-07/November 2011 (Gong Bilo nos 6096JOIDecember 1.2011) provincial-Ievel Agriculture and Rural Development of the locality in which it/he/she has registered the plant seed production or ttading operation. at In case the regulation conformity announcement is basedon resultsof regulation conformJ!y certification of a certification organi2:4uon, adossiercomprises: A written regulation conformity-annountf91ent, made according to a form providet±!I Appendix 15 to this Circular; A ~rtified copy of the regulation conform;; certificate granted by a designated certific'ttion organization for a seed lot ~ represeI1liHg each type of produced or traded ~-,.' seeds. i~se the dossier is filed by post, or a copy eMlosed with the original of such regulatiin conformity certificate for compariftl, incase thedossier is directlyfiled;.-- A ctmtise description of each producedor traded'i1imt seed (name, origin, major charac!ePPM.ics, use instructions and technical requirc~ts). bl I~ case the regulation conformity announ<%J:ll.lrnt is basedon resultsof regulation confo~ self-evaluation of the plant seed "'1" ..... produces QII:" trader, a dossier comprises: ~.....-~..... ~ A written regulation conformity announcement, made according to a form provided in Appendix 15 to this Circular; The originals of the written record of field inspection,made accordingto a form provided in Appendix 5 to this Circular, and the testing result slip of samplesof a seed lot representing each produced or traded seed granted by an accreditedor designated testing laboratory; . Aconcise descriptionof each producedor traded plant seed (name, origin, major characteristics, use instructions and technical requirements); The process of seed production and a quality control plan, which is elaborated and applied according to a form provided in Appendix 11 to theMinister ofAgriculture and Rural Development's Decision No. 83120091 TI-BNNPTNT of December 25, 2009, guiding regulation conformity certification and announcement activitiesin thesectorsmanaged by the Ministry of Agriculture and Rural Development, or a copy of the certificate of conformitywith standard ISO 9001 incase the organization or individual wishingtoannounce regulauon confonnity has a certified quality management systemconformable with standard ISO 900] 2. Time limit for acceptance of regulation conformity announcements aI For incompletedossiers: For dossierssent by post:Within3 (three) working days after receiving an incomplete dossier, the provincial-level Agriculture and RuralDevelopmentDepartmentshallnotify in writing the organization or individual wishing to announce regulation conformity of inappropriate points and contents for completion of the dossier; •For directly submitteddossiers: Theofficer receiving an incomplete dossier shaH return it CJ VU:.1NAM LAW & LEGAL FORUM (Conq Bao IIOS 609-61O/December 1, 2011) OFFICIAL GAZETTE 25 and guide the organization or individual wishing to announce regulation conformity in supplementing and completing it. bl For complete dossiers: Within 5 (five) workingdaysafter receivingacompletedossier, the provincial-level Agriculture and Rural DevelopmentDepartmentshallnotifyin writing the organization or individual wishing to announce regulation conformity of its acceptance of the announcement, according to a form provided inAppendix 16to thisCircular. cl The duration for organizations and individuals to complete their dossiers is not counted into the time limit for processing these dossiers. Article 18. Responsibilities of organizations and individuals announcing regulation conformity Responsibilities of organizations and indi viduals announcing regulation conformity are specified in Article 13 of Circular No. 831 2009nT-BNNPTNT of December 25,2009. Chapter IV ORGANIZATIONOF IMPLEMENTATION Article 19. Responsibilities of organizations and individuals 1. The Departmentof Crop Productionshall: al Submit legal documents, technical regulationsand processes of varietyproduction relevant to the regulation conformity certification to the Ministry of Agriculture and RuralDevelopmentfor promulgation and direct their implementation; bl Guide accredited or designated certification organizations in performing additional functions and tasks and improving their managementsystemsand capabilityunder regulations. Designate, and manage the 'J,~, operation of, plant variety testing I~ratories-and quality certification orga.IiW.zations nationwide; -=.. . cI Direct the National Center for PLant and Fertilizer Testing in providing pr§Ifssional training for staffsof certificationor~.ations, persons taking samples or c&'iducting inspection, testingor post-control of~t seeds;-assumetheprime responsibility for pliOl;'essional-guidance and supervision, and .s::fmarize inspection, testing and regulation ~fonnity certification results nationwide; dJ inspect and handle violations~d settle complaints and denunciations in the~main of regulationconformitycertification~nwide; elDirect plant varietyregulation forIDity certification activities; annually repo(C)1 results of theseactivities to the Ministryofqiculture and Rural Development. 2. Provincial-level Agriculture .and Rural Development Departments shall: aJ Assign codes to plant seed producers and traders in their localitiesand notify these codes to the Department of Crop Production under Point b, Clause 3, Article 14 of this Circular; bl Examine, inspect and settle complaints and denunciations about activitiesof certifying e VIETNAM l,.AW l LEGAl. FORUM OFFICIA l GAZETTE Issuenos06-07/November2011 (Gong Bao //Os 6O%!OIDecelilber 1,2011) qualityof plant seeds toconformwith technical regulations in their localities; cl Receive and notify the receipt of regulation conformity announcements of plant seed producers and traders in their localities; dJ Quarterlysummarizeandreporton results ofreceipt of regulation conformity announce ments tJi11e Department of Crop Production. 3. Plant seed quality certification .,-, organizens shall: al e\;nduct regulation conformity eertificatidn: Forf~-basic purericeseedsor theparental hybrid rice-seeds: The National Center tor Plant and Fer~zer Testing; Foi.imestically produced FI hybrid rice seeds: ~ National Center for Plant and Fertilizeuesting and certification organizations noteng~ in plantseedproductionor trading; ~;., For'et'her seeds: All designated certification organiz<J!!9ns. b/C~uct post-control under Article 13 of this Cif£.Urar; cI Se,ad biannual reports on results of plant .~' t.,. seed rew.Wltion conformity certification,made accordiftJ)o a form provided in Appendix 17 to thist"ircular, to the Department of Crop Production. 4. Plant seed producers and traders aJ Producers and traders of plant seeds for commercial purposes shall: Register for regulation conformity certification or conduct regulation conformity self-evaluation under this Circular; Preserve seed lot dossiers under this Circular; Announceregulation conformity underthis Circular; . Pay a regulation conformity certification charge underArticle 16 of this Circular. bl Cooperatives, cooperative groups, clubs and farmer households that receive state investment and supports for production of certified seeds and use these seeds forexchange under plans of local administrations or agricultural extension agencies for non commercial purposes are: Subject to seeding field inspection under this Circular; Encouraged to take samples, conduct testing, announceregulation conformity and use regulation conformity marks under this Circular; Encouraged to make labels with adequate contents as required or at least indicate on productpackages thenameof theseed, thename of the cooperative, cooperative group, club or household producing the seed; and the phrase "certifiedseed"or "riceseedXN1"or "rice seed XN2" and date of packaging. cl Plant seed sellers shall possess originals or copies of the notice of receipt of regulation conformity announcement, ccrriticate of technical regulation conformity of seed lot or written record of seeding field inspection and @ VIETNAM LAW &lEGAL FORUM ",-,s \l6·Q7INovember 2011 OFFICIAL GAZETTE (Cong Bao nos 60961OID('c('mbcr 1,2011) slipof resultsof testingof seedor seedlingtuber samples (in case of regulation conformity self evaluation) of each seed lot Article 20. Implementation provisions I. This Circular takes effect 45 days after its signing and replaces the Ministryof Agriculture and Rural Development's Decision No. 41/ 2007/QD-BNN of May 15, 2007, stipulating the certification of plant seed yuality conforming with standards; and supersedes Clause 4, Article 1 and Arricle S of the Ministry of Agriculture and Rural Development's Circular No. 42/2009m-BNNPTNT of July 10, 2009, stipulating the management of production, trading and use of pre-basic, basic or certified riceseeds, parentalhybridrice seeds and FI hybrid seeds. 2. The Department of Crop Production shall assume the prime responsibility for organizing and monitoring the implementation of this Circular. Any problems arising in the course of implementation should be reponed (0 the Ministry of Agricultureand Rural Development (the Department ofCrop Production) for timely settlement For the Minister of Agriculture and Rural Development Deputy Minister BUI BA BONG * Note: All the appendices to this Circular are not printed herein. e VIETNAM AW & LEGAL FORUM 27