Decree No. 07/CP on Plant Variety Management

DECREE

RESOLUTION NO. 07-CP OF THE GOVERNMENT DATED FEBRUARY 5, 1996 ON PLANT SEEDLINGS MANAGEMENT

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;
To enhance the effectiveness of state management over plant seedlings, aiming to increase productivity, quality, and rapidly propagate good seedlings for production purposes;
At the request of the Minister of Agriculture and Rural Development,

DECREE:

Article 1.- In this Decree, the following terms are understood as follows:

1. Plant seedling refers to a collection of agricultural and forestry plants of the same species with genetic uniformity, having distinct characteristics from other plants of the same species regarding one or more traits, and maintaining these traits when reproducing (sexually or asexually).

2. Seedling includes plant reproductive materials used in agricultural and forestry production such as seeds, tubers, roots, stems, leaves, seedlings, graft buds, scions, flower shoots, spores, or fungal threads used for propagation;

3. Local seedling refers to a seedling that has existed for a long time and is relatively stable in a locality, possessing distinctive characteristics different from other seedlings and genetically passed on to subsequent generations.

4. Original seedling (or author's seedling) refers to a seedling selected, bred, or derived from a gene pool with stable genetic inheritance by the author.

5. Pure-line seedling refers to a seedling produced from an original seedling according to the prescribed pure-line seedling production process and meeting the national quality standards for further propagation to subsequent generations.

6. Certified seedling (or commercial seedling) refers to the final generation of pure-line seedlings introduced for large-scale production and not used for breeding subsequent generations.

7. Gene source (Gene pool) refers to the material resources of various plant seedling species and wild plants preserved for use in seedling breeding work.

Article 2.-The State uniformly manages plant seedlings, including protection, cultivation, development of seed resources, business management, export, and import of seedlings, with the aim of continuously improving the quality of plant seedlings.

Article 3.- The State encourages and protects the legitimate rights and interests of organizations and individuals both within and outside the country engaged in research, selection, importation, production, and marketing of plant seedlings on the territory of Vietnam.

Article 4.- The State invests budget funds in:

1. Strengthening infrastructure to ensure the operation of state agencies responsible for conserving plant breeding gene sources and managing seed quality.

2. Training specialized staff for tasks related to conserving plant breeding gene sources, breeding, testing, preserving, producing, and marketing seedlings.

Article 5.- The State establishes a disaster prevention seed reserve for certain important seasonal crops. The Ministry of Agriculture and Rural Development is responsible for managing this seed reserve. The use of this seed reserve is decided by the Prime Minister.

Article 6.- The State implements tax reduction policies for the production of original seedlings, pure-line seedlings, and newly created or imported seedlings upon proposal by the Minister of Agriculture and Rural Development and the Chairman of the People's Committee of provinces and centrally-administered cities.

Article 7.- Organizations and individuals producing and marketing seedlings can borrow credit capital at appropriate interest rates; the loan period is based on the production cycle of each type of crop.

Article 8.- Gene sources (or raw materials) for breeding seedlings are national assets uniformly managed and invested by the State for collection and preservation at designated scientific research institutions. The State encourages organizations and individuals to search for, exploit, utilize, exchange, protect, and enrich gene sources beneficial to the national economy and people's livelihood.

The Minister of Agriculture and Rural Development shall stipulate the list of rare and precious gene sources and regulations governing the exchange, exploitation, and utilization of gene sources listed therein.

Article 9.- New seedlings created or newly imported must undergo trial production or experimental production before being introduced for large-scale production.

Organizations and individuals conducting trial production or experimental production must register with the Ministry of Agriculture and Rural Development regarding the name of the seedling, its origin, characteristics, trial production location, production procedures, and report results to the Minister of Agriculture and Rural Development.

Based on the results of trial production, the Minister of Agriculture and Rural Development decides to approve regionalization or introduction for production.

Article 10.- Individuals who create new seedlings must register with the Ministry of Science, Technology, and Environment to obtain copyright as prescribed by law.

Article 11.- Organizations and individuals from various economic sectors producing and marketing seedlings must ensure compliance with the technical procedures for each level of seedling (original, pure-line, certified) and hold a seed production permit issued by the competent agricultural authority as prescribed by the Ministry of Agriculture and Rural Development.

Article 12.-The State encourages and creates favorable conditions for organizations and individuals to cooperate with foreign organizations and individuals in producing and selecting seedlings suitable for production requirements.

Article 13.-All types of seedlings sold on the market must be labeled with quality inspection certificates corresponding to each level of seedling.

Seed sold on the market must be packaged according to specifications.

Strictly prohibited are all acts of producing and trading counterfeit, substandard, mixed, diseased, or unapproved seedlings.

Article 14.-Organizations and individuals producing and marketing seedlings must operate in accordance with their permits and be subject to quality control inspections by the Ministry of Agriculture and Rural Development.

Article 15.-Organizations and individuals importing seedlings must comply with regulations on importation of goods and the Plant Protection and Quarantine Ordinance.

Import seed application documents are regulated by the Ministry of Agriculture and Rural Development and the Ministry of Trade.

Within fifteen days from the date of receiving valid applications, the Ministry of Agriculture and Rural Development and the Ministry of Trade must resolve them; if not approved, they must respond in writing.

Article 16.- All plant seedlings imported into Vietnam under any form of gift, aid, or other means must comply with the Plant Protection and Quarantine Ordinance.

Within fifteen days from the date of seedling importation into Vietnam, the organization or individual receiving the seedlings must report to the Ministry of Agriculture and Rural Development.

Article 17.-Organizations and individuals importing plant varieties beneficial to production, recognized by the Minister of Agriculture and Rural Development, shall be rewarded. The Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Finance to specify the form and degree of reward for this case.

Research and production facilities when importing original seeds or primary varieties shall be exempt from import tax.

Article 18.-Organizations and individuals wishing to import or export plant varieties must follow the procedures prescribed by law for exporting agricultural products and must pay fees as stipulated currently.

Article 19.-The Minister of Agriculture and Rural Development shall establish a list of rare and valuable plant varieties and sources of breeding materials that are not allowed to be exported abroad and announce it periodically.

In special cases where exports are permitted, the Minister of Agriculture and Rural Development shall submit to the Prime Minister for decision.

Article 20.-The Minister of Agriculture and Rural Development shall implement state management over plant varieties throughout the country, including the stages of collection, conservation of genetic resources, research, selection and creation of varieties, testing, trial production, recognition of new varieties, production and business, import and export, inspection, quarantine, quality control of plant varieties, and shall be responsible for organizing and directing activities related to plant varieties within their scope of management:

1. Submitting to the Government or the Prime Minister for issuance of legal regulations on policies and management systems for genetic resources and plant varieties; issuing guidelines, instructions, and inspections for localities, institutions, and individuals to enforce regulations on plant variety management, and issuing technical procedures and standards within their authority regarding plant varieties;

2. Establishing Vietnamese standards for plant varieties to submit to competent authorities for issuance;

3. Approving or recommending competent authorities to approve or revoke certificates for new plant varieties and permits related to production, business, export, and import of plant varieties under this Decree;

4. Issuing regulations on testing, inspecting varieties, trial production, storage, preservation, and appraisal of breeding material or new varieties; establishing or designating scientific research agencies to carry out these activities;

5. Developing plans for building a national system of plant varieties; submitting to the Government investment plans and support for research, hybridization, dissemination of new varieties, and improvement of seed quality;

6. Building and reviewing international cooperation projects in the field of plant varieties;

7. Inspecting, auditing, and handling violations of plant variety management within the country.

Article 21.-Provincial People's Committees and municipal people's committees directly under the central government shall be responsible for implementing and directing activities related to plant variety management through the state management system of the agriculture and rural development sector as follows:

1. Organizing plant variety management within their jurisdiction according to the guidance of the Ministry of Agriculture and Rural Development;

2. Issuing guidelines for the implementation of state management of plant varieties at the local level;

3. Deciding on the approval or revocation of business licenses for plant varieties within their jurisdictional authority;

4. Inspecting and handling violations of plant variety management at the local level within their authority.

Article 22.-Management levels of the agriculture sector from the central to provincial and municipal levels must organize regular or spot checks on the quality of various types of plant varieties and inspect and audit the implementation of this Decree.

The Ministry of Agriculture and Rural Development shall establish inspection and audit systems for plant varieties and分级为：分级制度 for regular and spot inspections.

Article 23.-Domestic and foreign organizations and individuals engaged in activities related to plant varieties on Vietnamese territory must comply with this Decree.

Article 24.-Organizations and individuals who achieve success in managing selected plant varieties, nurturing genetic resources, creating new varieties, rapidly multiplying varieties, and guiding the development of good varieties in production shall be rewarded.

Individuals who violate this Decree, depending on the extent of damage caused to the State and organizations and individuals, shall be punished and required to provide material compensation as stipulated by law.

Article 25.-This Decree takes effect from the date of signature. Previous provisions contrary to this Decree are abolished.

The Ministry of Agriculture and Rural Development shall cooperate with relevant agencies to guide, urge, and inspect the implementation of this Decree.

Article 26.- Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree.