Decision No. 95/2007/QD-BNN promulgating the Regulation on recognition of new agricultural plant varieties

Issue nos 09·10/November 2007 (Gong BaD nos 811-8121December 7.2007) OFFICIAL GAZETTE 21 DECISION No. 95J2007/QD-BNN OF NOVEMBER27, 2007, PROMULGATINGTHE REGULATION ONRECOGNITION OF NEW AGRICULTURAL PLANTVARIETIES THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT Pursuant to the Government's Decree No. 86/ 2003/ND-CP ofJuly18, 2003,defining thefunctions, tasks. powers and organizational structure of the Ministry of Agriculture and Rural Developtnelll, Pursuant to the National Assembi» Standing Committee's Ordinance No. 15IPL-UBTVQHll of March 24, 2()()4, onplant varieties; At the proposal of the directorof the Caltivaiion Department, DECIDES: Article 1.- To promulgate together with this Decision the Regulation on recognition of new agricultural plantvarieties. Article2.-ThisDecision takeseffect1'5 daysafter its publication in "eONG BAD" and replaces the Agriculture and Rural Development Minister 's Decision No. 19120061QD-BNNofMarch 21,2006, providing forthetesting, trial production, recognition and naming of new agricultural plant varieties. Article 3.- The directors of the Office, the Cultivation Department, theScience andTechnology Department, and provincial/municipal Agriculture andRural DevelopmentServices, heads ofconcerned organizations, and concerned individuals shall Implement (his Decision. Forthe Minister of Agriculture and Rural Development Vice Minister BUIBABONG © VIETNAM LAW & LEGAL FORUM • 22 OFFICIAL GAZETTE Issue nos 09·1 O/November 2007 (C6ng Bao nos 811-B121December 7, 2007) © VIETNAM LAW & LEGAL FORUM REGULATION ON RECOGNITION OF NEW AGRICULTURAL PLANTVARIETIES (Promulgated togetherwith the Agriculture andRural Development Minister's Decision No. 9S/2007/QD BNN ifNovember 27, 2(07) Part l GENERAL PROVISIONS Artick J - Scope and subjects of application 1. This Regulation provides for the order of and procedures for the testing, trial production, recognition and naming of new agrtcutturat planr varieties selected and created domestically or imported for inclusion in the list of plant varieties permitted for production and trading. 2. This: Regulation applies to organizations and individuals Involved in the testing, trial production, rccognitien and naming of new agricultural plant varieties. Artkk 2 - Interpretation of terms In this Regulation, the terms below areconstrued as follows; L Tl?fl'1ng ofnewp'flntvnriptip,~TTlf"51m: the: prnc.f"."'~ ofchecking and evaluation to identify the distinctness, uniformilY, stability and cultivation value and use value ofp\antvarieties in certain conditions and within a specified period of time, 2. OjJicialtesting means the testing of new varieties of plants on the list of major plants conducted by institutions under the designation by the Ministry of Agriculture and Rural Development (below referred to as testing establishments for short). 3. Breeder testing means the testing of new varieties of plants not on the list of major plants conducted by organizations or individuals domestically selecting and creating or importing varieties, or conducted by testing establishments under contracts with those organizations or individuals. 4. DUS (distinctness, uniformity, stability) testing means the process of evaluating the distinctness, uniformity and stability of new agricultural plant varieties under the DUS regulations for each plant species. 5. VCU (value of cultivation and use) tp.'i:ting means the process of assessing the cultivation value and use value ofnew varieties such as productivity, quality, resistance against pests and unfavorable conditions, and capacity to produce seeds under the VCU testing regulations for each plant species. 6. Trial production variety means a new agricultural plant variety which has been tested, fully met set requirements and been recognized for trial production by the Ministry of Agriculture and Rural Development. 7.Trialproduction means the process ofproducing new plant varieties recognized for trial production on a certain acreage and ecological area in mass production conditions. 8. Officially recognized variety means a new agricultural plant variety which has been put into trial production and fully meets requirements specined IIIClause 1, Article lU or this Regulation or an excellent variety which has been tested, fully meets requirements specified in Clause 1, Article 11 of this Regulation, and been recognized by the. Ministry of Agriculture and Rural Development. 9. Grassroots science council means the council established by an organization having a variety registered for testing; when such organization cannot establish the council itself, it should request a non-business unit to assist it in establishing the council; provincial/municipal Agriculture and Rural Development Services may establish this council for organizations or individuals under their management. The council shall operate to evaluate testing and trial production results and propose the level of recognition of new plant varieties. Issue nos09.10/November 2007 (GOng Baa nos 81'-812/December 7, 2007) OFFICIAL GAZETIE 23 POIt 11 SPECIFIC PROVISIONS Article 3.- Testing forms 1.Official testing isrequiredfornewplantvarieties on theJistofmajorplants andis encouraged for other plum varieties. 2. Breeder testing is required for new plant varietiesother thanthoseon the list of majorplants. Article 4.- Testing contents 1.DDS testing 0/ New plant varieties on the list of major plants aresubject toDDS testing upon official recognition. hi New plant varieties other than thoseon the list ofmajor plants are encouraged to apply DDS testing. 2. veu testing must be applied for all plant varieties registered fortesting, including basictesting and production resting. aIPlants subject totesting regulations promulgated by the Ministry of Agriculture and Rural Development must be tested under regulations applicableto their species. hI Organizations or individuals registering for testing of plant varieties for which the Ministry of Agriculture and Rural Development has not promulgatedtesting regulations shallelaborate testing regulations on their own for compliance. Article 5.- Testing establishments 1.Designatedtestingestablishments must satisfy the following conditions: aJ Having registered for plant variety testing activities; IJ/Having sites meeting requirements 011 testing, growth and development of eaeh plant species; cl Having special-use equipmentmeeting testing requirements for each plant species; df Having at least one technician possessing a university degree in cultivation or plant protection and fl o-rtificsre of plant V::lril':'ty testing training; e/ DUS testing establishments must have a standard setofvarieties underproduction and trading for comparison. 2. Procedures for designating testing establishments aJ Establishments meeting plant variety testing requirements under Clause 1 of this Article shall submit a registration dossier to the Ministry of Agriculture and Rural Development's Cultivation Department. The dossiercomprises: An application for designation as a testing establishment (Appendix I, not printed herein); A copy of the establishment decision or the business registration certificate or the investment license. bIWithin 45 (forty-five) days from the date of receiving validdossiers,the Cultivation Department shallconduct appraisal anddecideto designatetesting establishments. Article6.- Testing order, procedures and scale 1. Official testing af An organization or individual shan submit directly or by mail to the designated testing establishment a dossier, which comprise'S. a testing application (Appendix 2, not printed herrin) and a technical declaration (Appendix 3,notprintedhe,.in). hI The testing establishment shall receive the dossier and sign a testing contract if this Jassier is valid;if thedossieris invalid,within5 (fi1£)working daysfromthedateof receiving thedossier, thetesting establishment shall notify the organization or individual thereof for completion of the dossier according to requirements. cI Basedon the contract,thetestingestablishment shall conduct the testing according to testing regulations. d/ The resting establishment shall send a testing resultreportto the Cultivation Departmentwithin 45 (forty-five) days aftercompletingthe testing. © VIETNAM LAW & LEGAL FORUM • 24 OFFICIAL GAZETTE issue nos 09·10lNovember 2007 (GOng Bao nos 811·8121December 7,2007) ? Breeder testing Before the testing, an organization or individual witha to-he-testedvariety shallsubmitdirectlyor by mail an application for testing (Appendix 2. not printedherein) to theNational CenterforPlantVariety and Product and Fertilizer Testing. 1. The rnaximum acreage for production testing of each plant species is specified in Appendix 4 tnot printedherein). Aruct« 7.- Conditions and procedures for recognizicrg varieties for trial production 1.Conditions for recognizing a variety for trial productiCi'l The variety has been tested, has the cultivation value and use value meeting production requiremen ts andoutstrips thecomparisonvarietyin at least one.of the following criteria: aJ Its productivity is at least 10% higher; hi Its qualityis remarkably betterin the aspectsof nutrition uppearnnce, exportandprocessing; cIIts economicbenefitis higher; dIIts agronomic properties arebetter(appropriate growth time, resistance againstpests or unfavorable external conditions). 2. Procedures for recognizing plant varieties for trial production aIAn ~anization orindividual havinganewplant varietynJ~tered for recognition for trialproduction shallsubmft: a dossierto the Cultivation Department, whichcomprises: An application for recognition of varieties for trial production(Appendix 5, notprimed herein); A reporton VCU testingresults; The minutesofthe grassroots sciencecouncil's meeting proposing the trial production; DUS testing results when there are complaints or denunciations or the organization or individualis doubtful about the variety's distinctness. bl Within 30 (thirty) days from the date of receiving thedossier, theCultivation Department shall appraise it, if the dossier is valid, it shall decide to establish a professional science council to evaluate the testingresults. Based on this council's proposal, thedirectoroftheCultivation Department shalldecide on recognition of the variety for trial production. Article 8.- Trial productionorder 1. An organiz.ation or individual with a trial production variety or authorized to conduct trial production may transfer its seeds to producers and must meet the following requirements: aI Providing specific guidance on the technical process of planting the trial production variety for producers; bI Having contractsor a list which specifies the names and addresses oforganizations andindividuals conducting trial production, the time of transfer and quantity of seeds transferred; cICheckingandevaluatingthe variety in the trial production prnc..ess and compensating or supporting damagecausedby the variety. 2. Within 30 (thirty) days from the time of completing the sowing crop. the organization or individual with the trial production variety or authorized to conduct trialproductionshall submita reporton the variety's name and the trialproduction site,acreage and time to the Cultivation Department and theAgriculture and Rural DevelopmentService of the province/city where the trial production is conducted. Article 9.-Trialproductionscale and time L Trial production varieties may be produc....c1 in provinces and ecological areas recognized for trial production. Whenexpanding trialproduction to other ecological areas, organizations orindividuals withtrial production varieties shall make a written request which must be approved by the Cultivation Department. 2.The totalacreage fortrialproduction isspecified in Appendix 6 (not printed herein). 3. The duration from trial production to official © VIETNAM LAW & LEGAL FORUM 24 OFFICIAL GAZETTE Issue nos 09·10lNovember 2007 (GOng Baonos811·8121December 7, 2007) 2. Breeder testing Before the testlug, an uigalliudiutl UI imlividual with a to-he-tested variety shallsubmit directly or by mail an application for testing (Appendix 2, not printedhewin) to the National CenterforPlant Variety and Productand Fertilizer Testing. 3. The maximum acreage for production testing of each plant species is specified in Appendix 4 (not printed herein). Article 7.- Conditions and procedures for recogmzi~ varieties formalproduction 1. Conditions for recognizing a variety for trial produetjen"l The variety has been tested, has the cultivation value and use value meeting production requirementsandoutstrips the comparison varietyin at leastone-ofthe following criteria: a/ Its productivity is at least 10%higher; bllts qualityis remarkably betterin theaspectsof nutrition tl:ppeanmce, export and processing; c/ Its economicbenefitis higher; dllts agronomic properties arebetter(appropriate growth time, resistance against pests or unfavorable external conditions). 2. Procedures for recognizing plant varieties for trialproduction aIAn rsganization orindividual havinganew plant varietynJ~tered for recognition for trialproduction shallsubmfta dossierto the Cultivation Department, whichcomprises: An application for recognition of varieties for trialproduction (Appendix 5, notprinted herein); A reporton VCU testingresults; The minutesofthe grassroots sciencecouncil's meetingproposing the trialproduction; DUS testing resultswhen there are complaints or denunciations or theorganization or individual is doubtfulabout thevariety'sdistinctness. bl Within 30 (thirty) days from the date of receiving thedossier, theCultivation Department shall appraise it, if the dossier is valid, it shall decide to establish a professional science council to evaluate the testing results. Based on this council's proposal, thedirectoroftheCultivation Department shall decide onrecognition of the variety for trialproduction. Article 8.- Trial productionorder 1. An organiz.ation or individual with a trial production variety or authorized to conduct trial production may transfer its seeds to producers and must meet the following requirements: aJ Providing specific guidance on the technical process of planting the trial production variety for producers; bI Having contractsor a hst wluch specmes the namesandaddresses oforganizations andindividuals conducting trial production, the timeof transferand quantity of seeds transferred; d Checking andevaluatingthe variety 10 the trial production processand compensating orsupporting damage caused by thevariety. 2. Within 30 (thirty) days from the time of completing the sowing crop, the organization or individual with the trial production variety or authorized to conducttrial production shall submita reporton the variety's name and the trialproduction site, acreage and time to theCultivation Department and theAgriculture and Rural Development Service of the province/city where the trial production is conducted. Article 9.- Trialproductionscale andtime L Trial production varieties may be producedin provinces and ecological areas recognized for trial production. Whenexpanding trial production toother ecological areas, organizations orindividuals withtrial production varieties shall make a written request which must be approved by the Cultivation Department. 2.Thetotalacreage fortrialproduction isspecified in Appendix 6 (not printed herein). 3. The duration from trial production to official © VIETNAM LAW & LEGAL FORUM 26 OFFICIAL GAZETIE Issue nos 09·101November2007 (Gong Bao nos 811-812/December 7, 2007) The technical process of cultivation: Areporton DDS testing results for atleast the first crop which showsthat the variety has its distinctness and uniformitv (obligatory for maier plants). The minutes of the grassrootssciencecouncil's meeting; Awritten request forexceptional recognition of the new plant variety by the Agriculture and Rural Development Service of the province or city where the trial productionis conducted. hi W<!lUn 30 (thirty) days from the date of receiving the valid dossier, the Cultivation Department shall appraise it and propose to the Mrrustry 1;0 establish a professional science council for evaluetion of testing results. Based on this council's proposal,theCultivationDepartmentshall propose the Minister of Agriculture and Rural Development to officially recognize the new agricultural plant variety. Anic~ 12.- Principles fornamingnew agricultural plant varieties 1.Eachnew plantvariety mayhavea single name compliant with this Regulation when being put into production, 2. The variety's name must be easily distinguishablefrom those of other plant varietiesof the same species; 3 The foJlowing ways ofnaming are not accepted Consjsling ofnumerals only; Being against social ethics; Easily causing mlsunderstamtlng of thevariety's properties or itsbreeder's identity; Being identical or so similar that it may cause confusion with the trademark or origin appellation protected for the product. Article 13.- Names of new agricultural plant varieties 1.When submitting a dossier of application for recognition, an organization or individual shall register the new plant variety's name in the application for recognition, the testing result report andthetrial productionresult report. 2. The Cultivation Department shall cppmieo the dossier andsubmitthevariety'sofficial nametogether withthedossier of application for thenewagricultural plant variety to the Ministry. 3. The new agricultural plant variety's official name shall be specified in the decision to recognize the varietyand in the list of plant varieties permitted forproduction andtrading. Article 14.- Examination, inspection, settlement uf coruplahus and denunciations 1.The testing, trial production, recognition and naming of new agricultural plant varieties shall be examined and inspected in accordance with the InspectionLaw and relevant legal documents. 2. Organizations or individualsmay complain or denounce violations in the testing, trial production, recognition and naming of new agricultural plant varieties. The settlement of these complaints and denunciations complies with meLaw on Compjafrns and Denunciations. Article 15.- Testing fees and charges for recognition of new agricultural plant varieties Organizations orindividuals with new agricultural plant varieties registered for testing and recognition shall pay fees and charges accordingto regulations. ill case state-prescribed fee rates are not available, testing feesmaybeagreedbyparties in theircontracts. Article 16.· Assignment of tasks to concerned agencies 1. The CultivationDepartment a/ To perform the state management of testing, rrial production, recognition and naming of plant varieties nationwide,having the tasks of: Proposing and setting standards and technical regulations, and economic-technical norms for plant © VIETNAM LAW & LEGAL FORUM Issue nos 09·1 a/November 2007 (GOng Bao nos 811-8121December 7,2007) OFFICIAL GAZETTE 27 © VIETNAM LAW & LEGAL FORUM technical nOnTIS for plantvariety testing; Appraising anddesignating testingestablishments; Coordinating with the Science andTechnology flep~~nt and pmvinci al/municipal Agriculture and Rural Development Services in inspecting and evaluating varieties in the courseof testing and trial production. Receiving andappraising dossiers of application forrecognition oftrial production varieties, establishing professional science councils forevaluation oftesting results, anddeciding onrecognition oftrial production varieties. Receiving andappraising dossiers of application for official recognition of new agricultural plant varieties, proposing to the Ministry to establish professional science councils forevaluation oftesting results, and proposing the Ministry to officially recognizenew agricultural plantvarieties. Examining, inspecting, and settling complaints and denunciations in the domains of testing, trial production, recognition andnaming ofplantvarieties. bl The National Center for Plant Variety and Product and Fentltzer ThsLing is LIlt: Cultivatiuu Department's assistant agency: To actas thekey agency in guiding, supervising and pwvidi llg technical training for testing establishments nationwide. To uniformly manage namesofplant varieties nationwide. Toreceive testing applications and supervise organizations and individuals in breeder testing. To directly test plant species under the designation of theMinistry ofAgriculture and Rural Development. 2. The Science andTechnology Department at To plan and organize the elaboration oftechnical criteriaand standards for plantvariety testing under approved plansandsubmitthem to the Ministry for promulgation. bITo coordinate with the Cultivation Department in monitoring andevaluating varieties in thecourse of testing andtrial production andjoin theScienceCouncil inrecognizing newagricultural plantvarieties. 3. Provincial/municipal Agriculture and Rural Development Services D!To monitor and supervise the testing and triol production of newplant varieties in their localities. bl To comment on trial production results and propose exceptional recognition of new varieties. d To examine and inspect and settle complaints and denunciations concerning testing and trial production of pl ant varieties in their localifies. Article 17.- Finalprovision Inthecourseof implementation, organizaaons and individuals should send reports on arising problems totheMinistry ofAgriculture andRural Deeelopment for promptconsideration and settlement. Forthe Minister of Agriculture and Rural De~d;opment Vice Minister BUIBABONG