Decision No. 95/2007/QD-BNN dated November 27, 2007 on recognition of new agricultural plant varieties

DECISION

ON RECOGNITION OF NEW AGRICULTURAL PLANT VARIETIES

THE MINISTRER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 86/2003/ND-CP dated July 18, 2003 of the Government on the functions, duties, powers, and organizational structure of the Ministry of Agriculture And Rural Development; Pursuant to Ordinance No. 15/2004/PL-UBTVQH11 on plant varieties dated March 24, 2004 of the Standing Committee of the National Assembly; At the request of the Director-General of the Department of Crop Production,

DECISION

Article 1.Regulations on recognition of new agricultural plant varieties are enclosed with this Decision.

Article 2.This Decision comes into force after 15 days from the date on which it is published on the Official Gazette and replaces Decision No. 19/2006/QD-BNN dated March 21, 2016 of the Minister of Agriculture and Rural Development on testing, trial production, recognition, and naming of new agricultural plant varieties.

Article 3.TheChief of the Ministry Office, the Director-General of the Department of Crop Production, the Director-General of the Department of Science and Technology, Directors of the Departments of Agriculture and Rural Development of provinces and central-affiliated cities, Heads of organizations, and individuals who are responsible for compliance with this Decision.

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PP THE MINISTER
THE DEPUTY MINISTER




Bui Ba Bong

Part 1:

GENERAL REGULATIONS

Article 1.Scope and regulated entities

1. This document regulates the order and procedures for testing, trial production, recognition, and naming of new agricultural plant varieties chosen and created domestically or imported to put into the list of allowed plant varieties.

2. This provision applies to organizations and individuals who are relevant to testing, trial production, recognition, and naming of new agricultural plant varieties.

Article 2.Definitions

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1. New plant variety test means the process of monitoring and evaluating in order to define distinctness, uniformity, stability, value of cultivation and use of a plant variety in a certain weather condition.

2. Official testing meansa form of testing conducted on new varieties of plant species on the list of principal plants conducted by facilities which are appointed by theMinistry Of Agriculture And Rural Development (hereinafter referred to as “testing facilities”).

3. Breeder testing means a form of testing conducted on new varieties of plant species that are not on the list of main plants by organizations and individuals who choose to create or import varieties on their own or by signing a contract with a testing facility.

4. DUS test (Distinctness, Uniformity, and Stability test) means the process of evaluating distinctness, uniformity, and stability of a new plant variety according to the guidelines for the conduct of the DUS test on each plant species.

5. VCU test (Value of Cultivation and Use test) means the process of evaluating value of cultivation and use of a new variety such as yield, quality, resistance to pests and unfavorable conditions, and seed production capacity according to the guidelines of the conduct of the VCU test on each plant species.

6. A variety under trial is a new agricultural plant variety which has undergone testing, meets all conditions, and is granted permission for trial production by the Department of Crop Production and the Ministry Of Agriculture And Rural Development.

7. Trial production means the process of producing a new plant variety granted permission for trial production in a certain area and ecological region under mass production conditions.  

8. An officially recognized variety means a new agricultural plant variety which has undergone trial production and meets all conditions defined in Clause 1 of Article 10 of this Provision or a variety which has undergone testing especially excellently, meets all conditions specified in Clause 1 of Article 11 of this Provision, and is recognized by the Ministry Of Agriculture And Rural Development.

9. An internal scientific council means a council which is established by an organization that applies for permission for plant variety testing. In the case where that organization is capable of establishing such a council, it needs to ask a capable public service provider for assistance. For affiliated organizations and individuals of the Department of Agriculture and Rural Development, it shall be established by the Department. The council is responsible for evaluating test and trial production results, and proposing the level of recognition for a new plant variety.

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SPECIFIC REGULATIONS

Article 3. Forms of tests

1. Official testing is compulsory for new plant varieties which are on the list of main plants and recommended for other plants.

2. Breeder testing is undergone by new plant varieties which are not on the list of main plants.

Article 4. Testing contents

1. DUS testing

a) New plant varieties on the list of principal plants shall undergo DUS testing to be officially recognized.

b) DUS testing is recommended for new plant varieties which are not on the list of principal plants.

2. The VCU test applies to all plant varieties registered for testing which includes a basic test and production one.

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b) Plant varieties that are not covered by the guidelines of the Ministry of Agriculture and Rural Development shall apply the guidelines developed by the applicants.

Article 5. Testing facilities

1. To be appointed as a testing facility, it shall:

a) register its plant variety-testing activities; and

b) have suitable locations that meet testing and growth requirements of each plant species; and

c) have specialized equipment which meets testing requirements of each plant species; and

d) have at least 01 university educated technician majoring in crop production or plant protection and having a certificate of training in testing plant variety; and

dd) have a set of standard samples of varieties which are being produced and traded for reference if the facility wishes to conduct DUS testing.

2. Procedures for appointing a testing facility 

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- The completed application form in Appendix 1; and

- A copy of the establishment Decision or the certificate of business registration or the investment license.

b) Within 45 days (forty five days) from the date of receipt of a valid application, the Department of Crop Production will carry out an inspection. If the applicant is eligible, the Department will appoint it as a testing facility.

Article 6. Testing order, procedures, and scale

1. Official testing

a) The applicant shall send an application which includes an application form for testing (Appendix 2) and a technical declaration (Appendix 3) to an appointed testing facility directly or by post.

b) The testing facility shall receive the application and sign a testing contract if it is valid. If it is invalid, the testing facility shall request the applicant to complete it according to regulations within 5 working days (five working days) from the date of its receipt.

c) According to the contract, the testing facility will conduct the testing according to the guidelines.

d) The testing facility is responsible for sending test results to the Department of Crop Production within 45 days (forty five days) after the completion of the testing.

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Before testing, the organization or individual that wishes to have a plant variety tested shall send an application form for testing (Appendix 2) to the National Center for Plant and Fertilizer Testing directly or by post.

3. The maximum area scale of a production test for each plant species is specified in Appendix 4.

Article 7. Conditions and procedures for granting permission for trial production

1. Conditions for grant permission for trial production to a plant variety: The tested variety has value of cultivation and use which meets production requirements, and surpasses the reference variety in terms of at least one of the following criteria:  

a) The yield is at least 10% higher; or

b) The quality in terms of nutrition, appearance, export and processing is obviously better than the reference variety; or

c) It has higher economic efficiency; or

d) It has better agronomic characteristics (suitable growth time, resistance to pests and unfavorable conditions).

2. Procedures for granting permission for trial production of a plant variety.

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- The completed application form in Appendix 5; and

- A VCU testing report;

- The meeting minutes of the Local Scientific Council proposing the trial production;

- The DUS test result in the case where there are complaints and denunciations or in the case where the testing organization or individual is suspicious of distinctness of the variety.

b) Within 30 days (thirty days) from the date of receipt of a valid application, the Department of Crop Production will process the application. If it is valid, the Department will establish a council to evaluate the testing result. In consideration of the proposal of the valuating council, the Director-General of the Department of Crop Production shall decide whether to grant permission for trial production.

Article 8.Trial production order

1. The organization or individual having a plant variety undergoing trial production or authorized to run trial production is entitled to transfer the variety to a producer and shall:

a) Provide specific guidance on the cultivation process and techniques of the variety produced on a trial basis for the producer; and

b) Have a contract or a list of information on the name, the address of the organization or individual in charge of trial production, the time, and the quantity of transferred varieties; and

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2. Within 30 days (thirty days) after the harvest ends, the applicant shall send a report on the name, location, area, and time of trial production to the Department of Crop Production and the Department of Agriculture and Rural Development of the province where trial production is conducted.

Article 9. Trial production scale and time

1. Varieties for trial production are produced in provinces and ecological regions where trial production is permitted. In the case where production is expanded to other ecological regions, organizations and individuals who have a variety for trial production shall obtain a written approval by the Department of Crop Production.

2. The total area for trial production is specified in Appendix 6.

3. Official recognition must be obtained within 03 years (three years), for short-day plants, or 07 years (seven years), for long-day plants, from the date of trial production. If the variety is not officially recognized by the expiration of such period, its trial production must not be continued.

Article 10. Conditions and procedure for official recognition of a new plant variety 

1. Conditions for recognition

a) A variety has undergone 2 seasons of trial production for short-day plants and 2 years of harvest for long-day plants over the minimum area specified in Appendix 6.

b) The trial production result shows that the variety still maintains good characteristics when tested and meets production requirements.

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d) The new variety has a suitable name according to regulations in Article 12 of this Provision.

dd) The variety has been evaluated by the local authority of the area where trial production is conducted.

2. Conditions for recognition

a) The applicant shall submit an application to the Department of Crop Production which includes

- The completed application form in Appendix 5; and

- A report on the trial production result

- The cultivation process and techniques of the variety proposed for recognition;

 - A DUS testing result report (compulsory for principal plants);

- The meeting minutes of the Local Scientific Council suggesting official trial production;

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b) Within 30 days (thirty days) from the date of receipt of a valid application, the Department of Crop Production will evaluate the application. If it is valid, the Department will request the Ministry of Agriculture and Rural Development to establish a council to evaluate the trial production result. In consideration of the request of the specialized scientific council, the Department of Crop Production shall request the Minister of Agriculture and Rural Development to consider granting official recognition of the new agricultural plant variety.

Article 11. Conditions and procedure for exceptional recognition of a new plant variety

1. Conditions for exceptional recognition

a) The variety has undergone basic testing and production one in not less than 2 seasons with identical names or has undergone one season of trial production, has value of use and cultivation that is suitable for production requirements, and: 

- The yield is at least 15% higher;

- The quality in terms of nutrition, appearance, export and processing is obviously better than the reference variety;

- It has better agronomic characteristics than the reference variety (suitable growth time, resistance to pests and unfavorable conditions).

b) The variety has distinctness, uniformity, and stability.

c) The new variety has a suitable name according to regulations in Article 12 of this Provision.

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2. Procedure for exceptional recognition

a) The applicant shall submit an application to the Department of Crop Production. An application which includes

- The completed application in Appendix 5; and

- A testing result report and a report on the completion of the cultivation process and techniques;

- The cultivation process and techniques;

- The minimum DUS testing result report on the first season which shows that the variety has distinctness and uniformity (compulsory for principal plants);

- The meeting minutes of the local scientific council;

- A document proposing exceptional recognition of a new plant variety from the Department of Agriculture and Rural Development where a production test is conducted.

b) Within 30 days (thirty days) from the date of receipt of a valid application, the Department of Crop Production will evaluate the application and submit it to the specialized scientific council to evaluate the test result. Pursuant to the request of the specialized scientific council, the Department of Crop Production submits it to the Minister of Agriculture and Rural Development for official recognition of a new plant variety.

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1. Each new plant variety which is produced only has one suitable name according to this document;

2. The name of the variety shall be straightforwardly distinguished from names of other plant varieties of the same species;

3.  A name will not be approved if it

- only includes numbers; or

- violates social morality; or

- easily leads to confusion about characteristics of the variety or the identity of the author; or

- is identical or confusingly similar to a protected brand or origin.

Article 13. A new plant variety's name

1. The name of the new variety must be specified in the application form for recognition, the testing result report, and the report on the trial production result. 

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3. The official name of the new agricultural plant variety is written in the decision on plant variety recognition and the list of permitted plant varieties.

Article 14. Inspections and settlement of complaints and accusations

1. The inspection of testing, trial production, recognition, and naming of a new agricultural plant variety shall comply with the Law on Inspection and other relevant legislative instruments.

2. Organizations and individuals have the right to make complaints and accusations against violations of regulations on testing, trial production, recognition, and naming of a new agricultural plant variety. Complaints and denunciations shall be settled in accordance with the Law on Complaints and Accusations.

Article 15. Testing fees and charges for recognition of a new agricultural plant variety

Organizations and individuals who have a new agricultural plant variety registered for testing and recognition shall pay fees and charges according to regulations. In the case where such fees and charges are not regulated by the State, they shall be negotiated by both parties according to the contract.

Article 16. Responsibilities of relevant authorities

1. The Department of Crop Production shall:

a) Perform the State management of testing, trial production, recognition, and naming of a new plant variety nationwide and

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- Evaluate and appoint testing facilities;

- Cooperate with the Department of Science and Technology and the Department of Agriculture and Rural Development on inspecting and evaluating new varieties in the testing and trial production processes.

- Receive and evaluate applications for recognition of a variety produced on a trial basis, set up a specialized scientific council to evaluate test results, and decide whether to recognize it.

- Receive and evaluate applications for official recognition of a new agricultural plant variety and submit them to the Ministry to establish a specialized scientific council to evaluate trial production results for official recognition.

-  Carry out inspections and settle complaints and accusations in testing, trial production, recognition, and naming of a new plant variety.

b) The National Center for Plant and Fertilizer Testing is an authority which helps the Department of Crop Production and shall:

- Perform the leading duty in providing guidance, supervising, and coaching nationwide testing facilities in specialized knowledge, manage the nationwide unification of plant varieties’ names, receive application forms for testing, and supervise breeder testing organizations and individuals.

- Directly perform the duty of testing plant species according to the appointing of the Ministry Of Agriculture And Rural Development.

2. The Department of Science and Technology shall:

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b) Cooperate with the Department of Crop Production on monitoring, evaluate varieties in the testing and trial production processes, and participate in the scientific council to consider whether to recognize agricultural plant varieties.

3. The Departments of Agriculture and Rural Development shall:

a) Monitor and supervise testing and trial production of new plant varieties in the area.

b) Evaluate trial production results and propose exceptional recognition of new varieties. 

c) Inspect and resolve complaints and accusations in testing and trial production of plant varieties in the area.

Article 17. Final term

Difficulties that arise during the implementation of this document should be reported to the Ministry Of Agriculture And Rural Development.

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