Circular No. 02/NN-KNKL-TT guiding the implementation of Decree No. 07/CP of the Government on the management of plant seeds

1. The terms related to seeds and germplasm mentioned in the Decree are explained and further specified as follows:

a) Seeds within the scope of this Decree include materials used for hybridization, selection, propagation, and utilization in agricultural and forestry production: seeds, tubers, fruits, roots, stems, branches, leaves, seedlings, graft buds, shoots, flowers, cell tissues, spores, and fungal threads.

b) Original varieties (also known as author varieties, in forestry referred to as mother trees) must be recognized by the Ministry of Agriculture and Rural Development before they can be propagated for large-scale production.

c) Primary varieties are those propagated from original varieties or selected again from production varieties according to the primary variety production process and meet the quality standards of primary varieties.

Hybrid combinations used in production are also referred to as varieties (hybrid varieties). Seeds of hybrid varieties cannot be used as seeds for subsequent generations.

2. The subjects implementing Decree No. 07/CP of the Government on seed management are organizations and individuals, both domestic and foreign, operating in the fields of germplasm conservation; research and creation of new varieties; testing, recognizing new varieties; producing, trading, importing and exporting seeds; state management of seeds, quality control, and utilization of crop seeds on the territory of Vietnam.

1. Germplasm used for creating new varieties and utilized in agricultural and forestry production is a national asset managed uniformly by the State. The Ministry of Agriculture and Rural Development (Department of Science and Technology and Product Quality) manages germplasm nationwide.

2. Depending on the type of seed material for agricultural and forestry crops, the Ministry of Agriculture and Rural Development (Department of Science and Technology and Product Quality) will assign scientific research institutions or provincial Departments of Agriculture and Rural Development (referred to as provincial level) to conserve (with separate documents specifying the list of seed materials and management levels).

3. All germplasm of agricultural and forestry crop seeds introduced into Vietnam under any form must report to the Ministry of Agriculture and Rural Development (Department of Science and Technology and Product Quality) regarding origin, quantity, types, and storage location. Permission from the Ministry of Agriculture and Rural Development is required before exploitation and use.

4. Conservation, exploitation, use, and exchange of germplasm shall be carried out in accordance with regulations of the Ministry of Agriculture and Rural Development.

1. The Ministry of Agriculture and Rural Development (Department of Science and Technology and Product Quality) oversees the state management of variety development, testing, and trial production of various types of crop seeds. Each year, the Scientific Council of the Ministry reviews new agricultural and forestry crop varieties, seed plants, seed gardens, or seed forests, or converted seed forests, to submit to the Minister of Agriculture and Rural Development for recognition.

2. All newly developed or imported crop varieties must undergo testing or trial production before being put into production. Organizations and individuals with new varieties must apply for testing or trial production and register with the Department of Science and Technology and Product Quality. The Department of Science and Technology and Product Quality designates the unit to conduct testing or trial production. Testing and trial production costs are the responsibility of the organization or individual submitting the seeds, in accordance with regulations of the Ministry of Agriculture and Rural Development.

3. Varieties recognized specifically for a particular ecological region, when transferred to another region, must undergo trial production. If varieties currently in widespread production exhibit defects causing damage to production, the Ministry of Agriculture and Rural Development will issue a decision to suspend production.

4. For varieties not yet recognized, permission from the Ministry of Agriculture and Rural Development is required to produce a certain quantity.

5. Organizations and individuals with new agricultural and forestry crop varieties must register with the Ministry of Science and Technology and Environment to retain copyright as prescribed by law.

1. Organizations and individuals producing seeds for sale must have a permit from the Department of Agriculture and Rural Development. The Ministry of Agriculture and Rural Development (National Extension Service for Agriculture and Forestry) issues permits for organizations under central management and for organizations and individuals from foreign countries or joint ventures with foreigners producing seeds in Vietnam. Provincial Departments of Agriculture and Rural Development issue permits for organizations and individuals under provincial management.

2. Organizations and individuals producing seeds must ensure the following conditions:

a. Having specialized staff knowledgeable about seed production techniques.

b. Having adequate conditions for seed production.

c. Only producing recognized types of seeds. If producing local varieties, a permit from the competent authority at the local level (Provincial Department of Agriculture and Rural Development) is required.

d. Producing strictly according to the technical procedures specified for each seed grade and type.

3. For perennial industrial crops and fruit trees, only recognized varieties may be propagated (by vegetative or sexual reproduction as specified by the Ministry of Agriculture and Rural Development for each type of tree).

4. Seeds for afforestation using budget funds must be of the correct type as stipulated by regulations on seed structure and origin.

5. Organizations and individuals wishing to obtain a permit to trade in agricultural and forestry crop seeds (issued by the Ministry of Planning and Investment or the People's Committee of the province) must undergo review by the Department of Agriculture and Rural Development.

The Ministry of Agriculture and Rural Development reviews organizations under central management and organizations and individuals from foreign countries or joint ventures with foreigners in Vietnam.

Provincial Departments of Agriculture and Rural Development review organizations and individuals under provincial management.

6. Organizations and individuals trading in seeds must ensure the following conditions:

a. Have specialized staff knowledgeable about seeds.

b. Have storage facilities; have equipment to check and determine seed quality.

7. The Ministry of Agriculture and Rural Development manages the import and export of agricultural and forestry tree seeds throughout the country.

All forms of import and export of agricultural and forestry tree seeds must be permitted by the Ministry of Agriculture and Rural Development.

The Agricultural Extension Agency and Forestry Extension Agency are the agencies responsible for managing the import and export of agricultural and forestry tree seeds, tasked with monitoring, compiling, proposing, and processing applications for the import and export of agricultural and forestry tree seeds to be signed by the Ministry.

Documents for requesting import and export of seeds include:

Application for import and export of seeds.

Business license for importing and exporting seeds.

Contract for import and export of seeds.

If the entity is under provincial management, it must have a proposal from the Provincial People's Committee.

For entities that do not issue import and export licenses, after receiving comments from the Ministry of Agriculture and Rural Development, the Ministry of Trade will issue import and export licenses.

The import and export of crop seeds must comply with the Ordinance on Plant Protection and Quarantine.

8. Organizations and individuals granted production, business, and import/export seed licenses must operate in accordance with the provisions of the license and report annually to the issuing authority on the situation of seed production, business, and import/export.

9. Agricultural and forestry tree seeds circulating in the market must pass quality inspection and be accompanied by a quality certificate; they must have product labels and packaging consistent with the specifications registered with the competent authority.

Seed traders are responsible for the quality of seeds to users; they must compensate for losses caused by seeds that do not meet quality standards. 10. Organizations and individuals trading in seed types still within the protected copyright period must pay fees according to current regulations.

1. Agricultural and forestry tree seeds when put into production and business must have certificates confirming that they have passed field testing and quality inspection.

Imported seeds must undergo quality inspection. Only those meeting the specified quality standards can be issued certificates.

2. The Ministry of Agriculture and Rural Development (Department of Science and Technology and Product Quality) performs state management functions regarding seed testing, inspection, and issuance of quality certificates nationwide. These state management functions are delegated as follows:

1. Annually, the Ministry of Agriculture and Rural Development collaborates with the Ministry of Planning and Investment and the Ministry of Finance to develop a natural disaster prevention seed plan to be approved by the Government.

Current agricultural disaster prevention seeds include rice, corn, beans, peanuts, various vegetable and bean seeds; in forestry, they include pine and eucalyptus seeds.

Based on the approved plan, the Ministry of Agriculture and Rural Development assigns some seed companies to purchase, store, and circulate seeds according to regulations.

1. The Ministry of Agriculture and Rural Development develops an annual state budget investment plan to be approved by the State to invest in enhancing technical infrastructure to ensure the operation of scientific institutions and state enterprises to perform tasks:

Gene conservation in stages: collection, introduction, preservation, evaluation, utilization.

Selection and restoration of agricultural and forestry tree seeds.

Testing and inspection of seeds.

Management of seed quality.

Training of specialized staff for gene conservation, selection, testing, production, and trade of crop seeds.

2. The Ministry of Agriculture and Rural Development and the Ministry of Finance propose to the State to issue policies on crop seeds:

Reducing taxes to the lowest possible level for original seed, primary seed, newly recognized or imported seed producers.

Scientific, research, production, and trading organizations can obtain preferential credit.

Reducing taxes to the lowest possible level (0%) for all types of imported crop seeds.

Subsidies for the conservation of original agricultural seeds and mother trees (forestry); construction of seed gardens and seed forests.

1. The Ministry of Agriculture and Rural Development assigns relevant Bureaus and Departments to implement state management of crop varieties. This state management function is divided as follows:

a. Department of Science, Technology, and Product Quality:

Drafting and submitting to the Ministry or inter-ministerial issuance of legal documents on genetic resource management; technical procedures and standards for various types of crop varieties; regulations on testing and trial production of various crops; regulations on quality inspection, testing, and certification of crop varieties; procedures for registration, evaluation, issuance of patents, and recommendation of rewards for organizations and individuals with achievements in new crop varieties.

Periodically or unexpectedly inspect the conservation, exploitation, and utilization of genetic resources.

b. Bureau of Agricultural Extension and Forestry Extension and Forest Development Bureau:

Drafting and submitting to the Ministry for issuance or issuing directives, guidelines, and inspections for the implementation of state management functions regarding crop varieties.

Managing the issuance or revocation of permits related to the production, trading, and import/export of crop varieties.

Developing plans, establishing variety systems, and investment plans for variety production.

Establishing international cooperation projects in the field of crop varieties.

Inspecting, auditing, or coordinating with provincial Departments of Agriculture and Rural Development to inspect, audit, and handle violations concerning variety management nationwide.

Assisting the Ministry in managing disaster-preparedness seed reserves.

2. Provincial Departments of Agriculture and Rural Development implement state management functions regarding crop varieties within their provinces according to the contents stipulated in Article 31 of Decree No. 07/CP of the Government.

3. Organizations and individuals violating this Decree shall be subject to administrative penalties depending on the severity, and in serious cases, may face criminal liability and material compensation as provided by law.

4. Organizations and individuals involved in producing, trading, and importing/exporting crop varieties must comply with inspections and supervision by competent authorities listed in this Circular and in the Ordinance on Product Quality and the Government's Decree on Inspection and Handling of Fake Goods Production and Trading.

All economic entities operating in the crop variety sector on the territory of Vietnam must comply with this Circular.

This Circular takes effect from the date of signature. Previous regulations contrary to this Circular are abolished.

During implementation, if there are any difficulties, they should promptly report to the Ministry of Agriculture and Rural Development for resolution./.