Decree No. 103/2020/NĐ-CP on certification of fragrant rice varieties for export to the European Union

DECREE

Regulations on certification of fragrant rice varieties for export to the European Union

to the European Union

______________

 

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the ASEAN Framework Agreement on Facilitation of Intra-Regional Land Transport signed on December 10, 2009;

Pursuant to Resolution No. 102/2020/QH14 dated June 8, 2020 of the National Assembly approving the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA); EU;

To implement the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union which took effect from August 1, 2020;

At the proposal of the Minister of Agriculture and Rural Development;

The Government issues this Decree on regulations regarding certification of fragrant rice varieties for export to the European Union.

 

PART I

GENERAL PROVISIONS

This Decree stipulates the certification of fragrant rice varieties listed in Point 8 Subsection 1 Section B Annex 2-A of the Free Trade Agreement between Vietnam and the European Union (hereinafter referred to as the EVFTA), which are eligible for duty-free import quotas when exported to the European Union (hereinafter referred to as the EU).

Article 2. Applicability

This Decree applies to organizations and individuals involved in activities related to the provisions set forth in Article 1 of this Decree.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

2. A fragrant rice paddy lot is a defined area of one or more contiguous paddies planted with the same variety at the same time.

Chapter II

REGULATIONS ON CERTIFICATION OF FRAGRANT RICE VARIETIES

Article 4. Conditions for certification of fragrant rice varieties

1. Fragrant rice must be produced from fragrant rice seeds that meet the quality standards specified in the National Technical Regulation; it must have clear information about the planting area and location (village/township, ward/district, district/city, province/city).

2. The fragrant rice paddy lot must be inspected to ensure the purity of the variety (percentage of plants) is not less than 95%.

Article 5. Provisions on inspection of fragrant rice paddy lots

1. The fragrant rice paddy lot must be inspected once within 20 days before harvest and a Record of Inspection must be established according to the model prescribed in Appendix II attached hereto.

2. The method for inspecting the purity of the variety in the fragrant rice paddy lot is prescribed in Appendix III attached hereto. Each fragrant rice paddy lot inspected must be assigned a Code according to the model prescribed in Appendix IV attached hereto.

3. Organizations recognized under Article 21 of the Law on Crop Production and Article 7 of Decree No. 94/2019/NĐ-CP dated December 13, 2019 of the Government detailing certain provisions of the Law on Crop Production concerning seed varieties and cultivation shall conduct inspections of fragrant rice paddy lots.

Article 6. Authority to certify, re-certify, and revoke Certificates of fragrant rice varieties

The authority to certify, re-certify, and revoke Certificates of fragrant rice varieties is the Crop Cultivation Department under the Ministry of Agriculture and Rural Development.

Article 7. Certification of fragrant rice varieties

1. Documents for requesting certification of fragrant rice varieties:

a) Application for certification of fragrant rice varieties according to the model prescribed in Appendix V attached hereto;

c) Original or certified copy of the Record of Inspection of the fragrant rice paddy lot according to the model prescribed in Appendix II attached hereto;

d) Written agreement for transfer of the Record of Inspection of the fragrant rice paddy lot in cases where the organization or individual requesting certification of fragrant rice varieties is not named in the Record of Inspection of the fragrant rice paddy lot.

"2. Implementation procedures:"

a) Organizations and individuals submit one set of documents directly or through postal services or via electronic environment to the Crop Cultivation Department. In cases of direct submission or through postal services: The Crop Cultivation Department checks the completeness of the documents and immediately informs the organization or individual of the completeness of the documents. In cases of submission via electronic environment: The components of the documents must be declared and signed with digital signatures on the provided electronic forms according to Clause 1 and 2 of Article 9 of Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government on implementing administrative procedures in the electronic environment. Within no more than one working day from the date of receipt of the documents, the Crop Cultivation Department examines the completeness of the components of the documents; if the documents are incomplete according to the regulations, a written notification will be sent to the organization or individual;

Article 8. Re-certification of Fragrant Rice Types

1. Organizations and individuals may apply for re-certification of fragrant rice types in cases where the Certificate of Fragrant Rice Type is lost, damaged, or information related to the Certificate of Fragrant Rice Type has changed.

2. Documents include:

a) A request form for re-certification of fragrant rice types according to the model prescribed in Appendix V attached to this Decree;

c) Documentation proving the content changes for cases where information related to the Certificate of Fragrant Rice Type has changed;

d) The Certificate of Fragrant Rice Type already issued for cases where it is damaged or information related to the Certificate of Fragrant Rice Type has changed.

3. Procedures for implementation:

a) Organizations and individuals submit one set of files directly or send through postal services or via electronic environment to the Crop Cultivation Department. In cases of direct submission or submission through postal services: The Crop Cultivation Department will check the file components and immediately inform organizations and individuals about the completeness of the files. In cases of submission through electronic environment: File components must be declared and signed with digital signatures on the provided electronic forms according to Clause 1 and 2, Article 9 of Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government on administrative procedures in the electronic environment. Within no more than one working day from the date of receiving the files, the Crop Cultivation Department will examine the completeness of the file components; if the files are incomplete according to regulations, they will notify in writing to organizations and individuals;

Article 9. Revocation of Certificate of Fragrant Rice Type

1. The Certificate of Fragrant Rice Type will be revoked in cases where fraud is discovered in the application for certification of fragrant rice types.

"2. Implementation procedures:"

a) Within three working days from the date of receiving information from organizations and individuals; the Crop Cultivation Department will verify the information and announce the revocation of the Certificate of Fragrant Rice Type that has been certified when there is sufficient evidence;

b) Information about the Certificate of Fragrant Rice Type that has been revoked will be published on the Crop Cultivation Department's electronic portal.

Article 10. Responsibilities of Organizations and Individuals Applying for Certification of Fragrant Rice Types

1. To bear responsibility under the law for the accuracy and truthfulness of the reported information and submitted files; for compliance with the variety regulations stipulated in Article 4 of this Decree during harvesting, drying, milling, processing, storage, grinding, polishing, and packaging.

2. To assign personnel to cooperate in implementing inspections as prescribed in Article 5 of this Decree; to provide complete files, information, and related documents during the verification process of fragrant rice types; to comply with inspection and supervision by competent authorities.

3. To retain the certification files of fragrant rice types in paper or electronic form for a minimum period of five years from the date of certification by the Crop Cultivation Department.

4. In cases where organizations and individuals producing fragrant rice are not the ones applying for certification of fragrant rice types and request field inspections, they shall follow the provisions of Clause 2 of this Article.

Article 11. Responsibilities of the organization conducting crop variety trials

1. Conduct inspections of fragrant rice plots and be responsible for the inspection results as prescribed in this Decree.

2. Comply with supervision and inspection activities; provide relevant files on fragrant rice plot inspections when requested by competent authorities.

3. Report periodically before December 20th each year or at any time upon request, the results of fragrant rice plot inspections to the Crop Production Department according to the form prescribed in Appendix VIII issued together with this Decree.

Article 12. Responsibilities of the Crop Production Department

1. Guide organizations and individuals in procedures related to aromatic rice variety certification when requested; follow the certification process for aromatic rice varieties; respond to and resolve complaints from organizations and individuals regarding aromatic rice variety certification.

3. Store certification records for aromatic rice varieties in paper or electronic format for a minimum period of five years from the date of certification.

4. Develop plans to promote and guide implementation of this Decree through mass media; organize training sessions and guidance on implementing, supervising, and inspecting compliance with this Decree.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Decree takes effect from the date of signature.

Article 14. Transitional Provisions

Aromatic rice produced before the effective date of this Decree shall have their certification application files submitted by organizations and individuals in accordance with point a, b, Clause 1, Article 7 of this Decree until December 31, 2020; organizations and individuals applying for aromatic rice variety certification shall bear legal responsibility for the accuracy and truthfulness of the reported information, certification files, and re-certification of aromatic rice varieties.

Article 15. Responsibility for Implementation

1. The Minister of Agriculture and Rural Development is responsible for organizing the enforcement of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.