Circular No. 04/2018/TT-BNNPTNT stipulates criteria, procedures, and formalities for recognizing technological advancements in agriculture.

CIRCULAR

Regulations on criteria, procedures, and formalities for recognizing agricultural technological advancements

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Pursuant to Decree No. 15/2017/ND-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Technology Transfer No. 07/2017/QH14 dated June 19, 2017;

At the proposal of the Director of the Department of Science, Technology and Environment,

The Minister of Agriculture and Rural Development hereby promulgates this Circular stipulating criteria, procedures, and formalities for recognizing agricultural technological advancements.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular stipulates criteria, procedures, and formalities for recognizing technological advancements related to seeds, products, production processes, technical solutions, and management solutions in agriculture (hereinafter referred to as technological advancements).

Article 2. This Circular does not regulate the following matters:

a) Recognition of crop seeds, livestock breeds, and aquaculture breeds;

b) Testing, trial, and registration for circulation of agricultural materials under the management of the Ministry of Agriculture and Rural Development.

Article 2. Applicability

This Circular applies to organizations and individuals involved in recognizing agricultural technological advancements.

Article 3. Implementing agencies

The Minister of Agriculture and Rural Development assigns Departments and General Directorates under the Ministry to receive applications, examine, recognize, or revoke technological advancements according to their assigned areas of management:

1. The Fisheries General Directorate for the fisheries sector.

2. The Irrigation General Directorate for the irrigation sector.

3. The Forestry General Directorate for the forestry sector.

4. The Disaster Prevention and Control General Directorate for disaster prevention and control.

5. The Crop Production Department for the crop production sector.

6. The Plant Protection Department for the plant protection, fertilizer, and plant-origin food safety sectors.

7. The Livestock Production Department for the livestock production sector.

8. The Animal Health Department for the animal health and animal-origin food safety sectors.

9. The Processing and Market Development Department for the processing, preservation, and market development of agricultural products.

10. The Cooperative Economic and Rural Development Department for the salt production, agricultural machinery, rural industries, production organization solutions, and new rural construction sectors.

11. The Construction Management Department for the agricultural construction and rural development sector.

Chapter II

RECOGNITION OF TECHNOLOGICAL ADVANCEMENTS

Article 4. Criteria for recognizing technological advancements

Clause 1. Criteria for recognizing technological advancements for the first time:

a) Novelty, creativity, stability, and high competitiveness;

b) Ensuring quality, minimizing environmental impact, and having prospects for expanded production.

Clause 2. Criteria for recognizing similar technological advancements to those already recognized must meet the criteria specified in Clause 1 of this Article and have at least 10% higher economic efficiency than the similar technological advancements already recognized.

Article 5. Application forms, receipt, inspection, review, and recognition of technological advancements

1. Registration file

Organizations and individuals wishing to apply for recognition of technological advancements (hereinafter referred to as applicants) shall directly submit or send via postal service one set of application documents to the Ministry of Agriculture and Rural Development in accordance with Article 3 of this Circular (hereinafter referred to as the competent authority). The application documents include:

a) A request for recognition of technological advancements according to Model No. 1 issued together with this Circular;

b) A report on the results of researching technological advancements according to Model No. 2 issued together with this Circular;

c) An evaluation of the application of technological advancements in production by at least three organizations or individuals according to Model No. 3 issued together with this Circular. The evaluation by an individual must be confirmed by the agency or local authority where the individual resides or works.

Clause 2. Receipt and inspection of application documents

Within three working days from the date of receiving the application documents, the competent authority shall inspect and notify the applicant in writing about one of the following cases: acceptance of valid application documents; request for supplementation or completion of the application documents, or rejection if the application documents are invalid. The time for supplementation or completion of the application documents is not included in the review period.

3. Reviewing files

a) Within seven working days from the date of receiving valid application documents, the competent authority shall establish an advisory board for reviewing technological advancements (hereinafter referred to as the board). The composition, method, and procedure for the board's review shall be carried out in accordance with Article 6 of this Circular;

b) Within fifteen working days from the date of issuing the Decision to establish the board, the competent authority shall organize a meeting to review the application documents for recognition of technological advancements.

Clause 4. Recognition of technological advancements

a) Within three working days from the date of the board meeting, the competent authority shall notify the applicant in writing about the contents that need to be completed (if any);

b) Within thirty working days from the date of receiving the notification, the applicant shall complete the application documents and submit them to the competent authority;

c) Within five working days from the date of receiving the completed application documents, the competent authority shall examine and issue a Decision recognizing technological advancements according to Model No. 8 issued together with this Circular. In case of non-recognition of technological advancements, the competent authority shall notify the applicant in writing and specify the reasons;

d) Within three working days from the date of issuance, the competent authority shall publish the Decision recognizing technological advancements on the electronic portal of the unit.

Article 6. Composition, Method, and Procedure of the Council Meeting

1. Composition of the Council

a) The Council consists of 07 members including: chairman, vice-chairman, 02 opposing committee members, secretary member, and other members; among which there is 01 member representing the organization or locality where the technical advancement is applied;

b) Those who are not allowed to participate in the Council: author, co-author registering for recognition of technical advancement; individuals belonging to the organization registering for recognition of technical advancement.

2. Method of Operation

a) At least 07 working days before the meeting, council members are provided with all files;

b) The Council meeting must have at least 05 members of the Council present, including the chairman or vice-chairman, secretary member, and at least 01 opposing committee member. In case of absence of 01 opposing committee member, their evaluation opinion must be sent in writing;

c) Council members evaluate the proposed technical advancement for recognition according to Model No. 4 issued together with this Circular;

d) The Council proposes recognition of technical advancement when at least 05 members on the list established in the Decision to establish the evaluation Council rate it as "Achieved";

đ) In necessary cases, the Council requests the competent authority to form a team to review and assess the application site of technical advancement. The review and assessment record is made according to Model No. 5 issued together with this Circular;

e) Council members must be honest, impartial, bear individual responsibility for their evaluation results, and collective responsibility for the Council's final conclusion;

3. Procedure of the Council Meeting

a) The secretary member reads the decision to establish the Council, introduces the composition and attending representatives;

b) The Council chairman (or vice-chairman) controls the meeting;

c) The opposing committee member reads comments; Council members express their opinions on the technical advancement; the secretary member reads the evaluation opinions of absent members (if any) for the Council to refer to;

d) The Council elects a counting board consisting of 3 Council members, including the head of the counting board and 2 members;

đ) Council members evaluate and vote to recognize the technical advancement;

e) The counting board compiles the evaluation recognition ballots according to Model No. 6 issued together with this Circular;

g) The Council announces the voting result and approves the working minutes according to Model No. 7 issued together with this Circular;

Article 7. Revocation of Recognition Decision for Technical Advancement

1. Technical advancement is revoked if it falls under any of the following circumstances:

a) Not applied in production for three consecutive years up to the time of review;

b) There is fraud in the registration file for recognition of technical advancement concluded by the competent authority;

2. The competent authority organizes reviews and issues the Decision to revoke technical advancement according to Model No. 9 issued together with this Circular;

3. Within 03 working days from the date of issuance, the competent authority publishes the Decision to revoke technical advancement on the electronic portal of the unit;

Article 8. Issuance of List of Technical Advancements

1. Annually, the Department of Science, Technology and Environment compiles and submits to the Minister for issuance of the List of Technical Advancements according to Model No. 10 issued together with this Circular;

2. Within 03 days from the date of issuance, the Department of Science, Technology and Environment publishes the List of Technical Advancements on the electronic portal of the Ministry of Agriculture and Rural Development.

Chapter III

IMPLEMENTATION

Article 9. Responsibilities of agencies and units under the Ministry of Agriculture and Rural Development

1. The Department of Science, Technology and Environment shall be responsible for:

a) Summarizing and reporting annually or at any time upon request by the Minister on the activities related to recognizing technological advancements;

b) Compiling and submitting to the Minister for issuance the List of Technological Advancements.

2. The General Departments and specialized management departments shall be responsible for:

a) Receiving, organizing the review of registration dossier for technological advancements; recognizing and revoking technological advancements; inspecting and supervising the implementation of technological advancements within their assigned management areas;

b) Leading and coordinating with relevant agencies to resolve complaints, denunciations, and handle violations in the recognition activities of technological advancements within their assigned management areas;

c) Summarizing and reporting annually or at any time on the recognition activities of technological advancements within their assigned management areas;

d) Submitting the list of recognized technological advancements before December 1st each year to the Department of Science, Technology and Environment for compilation and submission to the Minister for issuance of the List of Technological Advancements;

e) Being accountable under the law and to the Minister of Agriculture and Rural Development for the recognition or revocation of technological advancements within their assigned management areas.

Article 10. Responsibilities of Provincial Departments of Agriculture and Rural Development under Central Cities

1. Directing the implementation and monitoring the application of recognized technological advancements in their localities.

2. Coordinating with competent authorities during the review process of registration dossiers for technological advancements that have been applied in their localities.

Article 11. Rights and Obligations of Organizations and Individuals with Recognized Technological Advancements

1. Rights of organizations and individuals with recognized technological advancements

a) Being entitled to advertise, publicize, apply, and transfer recognized technological advancements into production in accordance with the law;

b) Complaining and denouncing acts violating their rights and legitimate interests in accordance with the law.

2. Obligations of organizations and individuals with recognized technological advancements

a) Being responsible for the origin and related documents of technological advancements;

b) Guiding the application of technological advancements.

Article 12. Effectiveness and Implementation Provisions

1. This Circular takes effect from July 1, 2018.

2. This Circular replaces Circular No. 13/2015/TT-BNNPTNT dated March 25, 2015 of the Minister of Agriculture and Rural Development guiding the procedures and formalities for recognizing technological advancements and new technologies in the agriculture and rural development sector.

3. For technological advancements recognized by competent authorities before July 1, 2018, they continue to be effective according to this Circular.

4. In the course of implementation, if there are difficulties, organizations and individuals should provide written comments to the Ministry of Agriculture and Rural Development for consideration and appropriate amendments and supplements.