Ordinance No. 15/2004/PL-UBTVQH11 on Plant Varieties

ORDINANCE

PLANT VARIETIES

WHEREAS, the Constitution of the Socialist Republic of Vietnam 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the 10th National Assembly, 10th Session;

WHEREAS, Resolution No. 21/2003/QH11 dated November 26, 2003 of the 11th National Assembly, 4th Session on the Program for Law and Ordinance Building in 2004;

This Ordinance stipulates on 3.3.1. Preparation of tools and materials. plant varieties.

PART I
GENERAL PROVISIONS

Article 1. POSITION viregulates

This Ordinance stipulates on the management and conservation of plant variety genetic resources; research, selection, creation, trial, testing, certification, protection of new plant varieties; seed tree, mother tree, clone garden, seedling forest selection, certification; production, business of plant varieties; quality management of plant varieties.

Article 2. Scope of Application

This Ordinance applies to organizations and individuals of Vietnam, foreign organizations and individuals operating in the field of plant varieties within the territory of Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a party or has acceded contain provisions different from those of this Ordinance, such treaties shall be applied.

Article 3. Definitions

In this Ordinance, the following terms are understood as follows:

1. Plant variety means a uniform population of plants with economic value, identifiable through the expression of genotype characteristics and distinguishable from any other plant population through the expression of at least one characteristic and inherited to subsequent generations.

Plant varieties used in agricultural, forestry, and aquaculture production include seeds, tubers, fruits, roots, stems, branches, leaves, seedlings, graft eyes, buds, flowers, tissues, cells, spores, algae, seaweed, and vi seaweed.

2. New plant variety means a newly selected or created plant variety or a newly imported plant variety that has novelty, uniformity, stability but is not included in the list of permitted plant variety production and trade.

3. Protected new plant variety means a new plant variety that has been granted a new plant variety protection certificate.

4. Plant variety genetic resource means living organisms or parts thereof carrying genetic information capable of creating or participating in the creation of new plant varieties.

5. Testing of new plant varieties means the process according to of monitoring and evaluating under specific conditions and time periods to determine the novelty, uniformity, stability, agronomic value, and utility of the plant variety.

6. Trial production means the process of producing new plant varieties that have undergone testing and are permitted to be produced on a certain area under large-scale production conditions.

7. Seed lot testing means the process of inspecting the quality of plant variety seed lots directly in fields, gardens, or nurseries to determine the true variety, genetic purity, and level of contamination with other species.

8. Seed analysis means the process of analyzing the quality indicators of seed samples in a laboratory.

9. Pure seed means seed used for propagation to ensure stable genetic characteristics for future generations.

10. Author's seed means pure seed selected and created by the author.

11. Super-certified seed means seed produced from author's seed or rejuvenated from productionaccording to certified seed and meeting the quality standards set forth.

12. Certified seed means seed produced from super-certified seed and meeting the quality standardsaccording to set forth.

13. Verified seed means seed produced from certified seed and meeting the quality standards set forth.

14. Rejuvenation of super-certified seed means the process of selecting individuals, propagating, and selecting representative lines of the variety to ensure genetic purity meeting the standards of super-certified seed.

15. Mother tree means the best forestry tree selected from natural forests, planted forests, seed orchards, or nurseries for propagation.

16. Clone of industrial trees, long-term fruit trees, and forestry trees means a tree with higher yield, quality, and resistance than other trees in a variety population that has undergone selection and been recognized for propagation by vegetative methods.

17. Clone nursery of industrial trees, long-term fruit trees, and forestry trees means a nursery propagated by vegetative methods from clones to serve seed production.

18. Forestry seed orchard means a seed orchard plantedaccording to according to a specific plan of vegetative lines or grown from seeds of selected and recognized mother trees.

19. Seedling forest means a forest consisting of trees derived from mother trees and planted without according to a specific plan or converted from natural forests, planted forests that have undergone selection and been recognized.

20. Genetically modified plant variety means a plant variety carrying a new combination of genetic material (DNA) obtained through the use of modern biotechnology.

21. Main plant variety means the variety of widely cultivated plant species with large quantities and high economic value requiring strict management.

22. Fake variety means a variety that does not match the name, origin, and grade indicated on the label; a plant variety trademark identical or similar enough to cause confusion with another protected plant variety trademark.

23. Propagation material means complete plants, algae, seaweed, microalgae, or parts thereof such as seeds, tubers, fruits, roots, stems, branches, leaves, seedlings, graft eyes, buds, flowers, tissues, cells, spores, fungal filaments used to produce new plants.

24. Novelty of a plant variety in a commercial sense means that the plant variety has not been traded in Vietnam for one year, outside Vietnam for six years for woody plants and grapes, and four years for other plants before the date of application for protection registration.

25. Copy of the new plant variety protection certificate means the second copy issued to the owner of the new plant variety in case the original new plant variety protection certificate is lost for valid reasons. The copy of the new plant variety protection certificate has the same content and validity as the original new plant variety protection certificate issued.

Article 4. Principles of Operation Regarding Plant Varieties

1. The development of strategies, planning, and plans for plant variety development must be consistent with the overall socio-economic development plan throughout the country and each region.

2. The State protects the right to ownership, the right to authorship of new plant varieties, promotes autonomy, equality rights, protects lawful rights and interests of organizations and individuals engaged in plant variety activities.

3. Strictly manage the production and business of major plant varieties.

4. Promote socialization of plant variety activities; ensure sufficient high-quality seeds to meet development needs; ensure human health, protect the environment, and ecosystems.

5. AApply scientific and technological progress in research, selection, creation, production, and preservation of plant varieties; combine modern technology with people's experience.

6. Conserve and rationally utilize plant genetic resources; ensure biodiversity; combine short-term benefits with long-term benefits, ensuring common benefits for the whole society.

Article 5. State policy on plant varieties

1. Ensure the development of plant varieties towards industrialization and modernization based on strategic plans, planning, and development plans for plant varieties.

2. Prioritize investment in the following activities:

a) Research, select, create new plant varieties, maintain original seeds;

b) Preserve mother plants, parent lines, seed gardens, seed forests;

c) Survey, collect, conserve rare plant genetic resources.

3. Encourage and support organizations and individuals engaged in agricultural, forestry, and aquaculture production to use new plant varieties with high yield, good quality, disease resistance, and adverse production conditions, meeting market requirements.

4. Encourage and create conditions for organizations and individuals to invest in collecting, conserving genetic resources, researching, selecting, creating, testing, certifying, producing, and trading plant varieties.

5. Encourage agricultural, forestry, and fishery extension activities aimed at quickly transferring advanced technical and technological progress in plant varieties; link research with production.

6. Support investment in infrastructure and technology to serve the breeding of super original seeds, original seeds, mother plants, parent lines, forestry seed gardens, seed forests.

Article 6. Plant varieties with genetically modified genes

Research, selection, creation, trial, production, trade, use, international exchange, and other activities related to plant varieties with genetically modified genes shall be carried out in accordance with the Government's regulations.

Article 7. State management responsibility for plant varieties

1. The Government uniformly manages state administration over plant varieties.

2. The Ministry of Agriculture and Rural Development is responsible for implementing state administration over agricultural and forestry plant varieties throughout the country.

The Ministry of Fisheries is responsible for implementing state administration over aquatic plant varieties throughout the country.

3. Ministries and agencies equivalent to ministries within their respective tasks and authorities have the responsibility to coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Fisheries in managing plant varieties.

4. People's Committees at all levels are responsible for organizing the implementation of state administration over plant varieties locally.

Article 8. Awards

1. Organizations and individuals who achieve outstanding results in plant variety activities or who contribute to detecting and preventing violations of laws on plant varieties shall be rewarded according to the law on competition and rewards.

2. The State honors organizations and individuals who achieve outstanding results in developing new plant varieties.

Article 9. Prohibited acts

1. Trading counterfeit seeds or plant varieties that do not meet quality standards.

2. Producing and trading plant varieties not listed in the authorized production and trading catalog.

3. Destroying, appropriating, or illegally exporting rare plant genetic resources.

4. Testing pests in plant variety production areas.

5. Obstructing legitimate research, selection, creation, testing, certification, production, and trading activities of plant varieties.

6. Importing genetic resources, producing, and trading harmful plant varieties affecting production, human health, the environment, and ecosystems.

7. Misrepresenting quality standards, advertising, or disseminating false information about plant varieties.

8. Infringing upon the lawful rights and interests of plant variety authors and owners of plant variety protection certificates.

9. Other acts as prescribed by law.

CHAPTER II
MANAGEMENT AND CONSERVATION OF PLANT GENETIC RESOURCES

Article 10. Management of plant genetic resources

1. Plant genetic resources are national assets managed uniformly by the State.

2. Plant genetic resources in State conservation areas must obtain permission from the Ministry of Agriculture and Rural Development and the Ministry of Fisheries when there is a need for exploitation and utilization.

3. Organizations and individuals have the responsibility to participate in local management of plant genetic resources.

Article 11. Contents of plant genetic resource conservation

1. Survey and collect genetic resources suitable for the characteristics and features of each plant species.

2. Long-term and safe conservation of identified genetic resources suitable for the specific biological characteristics of each plant species.

3. Evaluate genetic resources based on biological criteria and usage value.

4. Establish databases and information systems for plant genetic resources.

Article 12. Collection and conservation of rare plant genetic resources

1. The State invests and supports the collection and conservation of rare plant genetic resources; builds storage facilities for rare plant genetic resources; conserve rare plant genetic resources locally.

2. Organizations and individuals have the responsibility to implement the conservation of rare plant genetic resources in accordance with this Decree and other relevant laws.

3. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries periodically publish lists of rare plant genetic resources requiring conservation.

Article 13. Exchange of rare plant genetic resources

1. Organizations and individuals may exchange rare plant genetic resources for research, selection, creation, and production and trading of new plant varieties in accordance with the regulations of the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

2. International exchanges of rare plant genetic resources must be approved by the Minister of Agriculture and Rural Development and the Minister of Fisheries.

CHAPTER III
RESEARCH, SELECTION, CREATION, TESTING
OF NEW PLANT VARIETIES AND SCREENING, RECOGNITION
OF FORESTRY MOTHER TREES, PARENT LINES, FORESTRY SEED GARDENS
NURSERIES

Article 14. Research, selection, creation of new plant varieties

1. Vietnamese organizations and individuals, foreign organizations and individuals are allowed to conduct research, selection, and creation of new plant varieties on Vietnamese territory.

The research, selection, and creation of new crop varieties must comply with the provisions of this Ordinance, laws on science and technology, and other relevant legal regulations.

2. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall determine scientific and technological tasks related to the research, selection, and creation of new crop varieties suitable for each stage to increase productivity, quality, and competitiveness of agricultural, forestry, and aquatic products.

Article 15. Testing of New Crop Varieties

1. New crop varieties selected, created, or imported that are not listed in the Catalogue of Permitted Production and Business Crop Varieties may only be included in such Catalogue after undergoing testing and being recognized.

2. Forms of testing new crop varieties include:

a) National testing for new crop varieties of those crops listed in the Catalogue of Main Crop Varieties selected and created in Vietnam and imported varieties not listed in the Catalogue of Permitted Production and Business Crop Varieties;

b) Authors conducting their own testing and bearing responsibility for the results of testing for other crop varieties.

3. The contents of testing include:

a) Testing for distinctness, uniformity, and stability (DUS testing);

b) Testing for agronomic value and utility value (VCU testing).

4. The procedures and formalities for national testing shall be carried out as follows:

a) Organizations and individuals wishing to test new crop varieties submit registration files for testing to testing facilities recognized by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

The registration file for testing includes: a testing registration form; a variety file detailing the variety name, origin, quantity, economic-technical indicators, and cultivation techniques.

b) Organizations and individuals wishing to test new crop varieties sign contracts with recognized testing facilities pursuant to Clause 1 of Article 16 of this Ordinance.

5. In cases where authors conduct their own testing, they must follow the testing standards issued by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries or sign contracts with recognized testing facilities pursuant to Clause 1 of Article 16 of this Ordinance.

6. Organizations and individuals who are the owners of new crop varieties registering for testing must bear the costs of testing.

7. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall issue the Catalogue of Main Crop Varieties and the Catalogue of Permitted Production and Business Crop Varieties.

Article 16. Testing Facilities for New Crop Varieties

1. Testing facilities for new crop varieties recognized by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries must meet the following conditions:

a) Have registered for testing activities;

b) Have locations suitable for testing requirements and growth and development needs of each crop species, in compliance with environmental protection laws, fisheries laws, and animal health and quarantine laws;

c) Have specialized equipment and facilities meeting testing requirements for each crop species;

d) Have standard varieties of the same species for use as control varieties in DUS testing;

đ) Have or hire technical staff trained in crop variety testing.

2. Testing facilities for new crop varieties must strictly adhere to the testing standards for each crop species issued by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries and are responsible for the results of testing conducted.

Article 17. Naming of New Crop Varieties

1. Each new crop variety may only have one appropriate name. Once recognized, it becomes the official, unique name used in all related activities.

2. The name must be easily distinguishable from the names of other varieties of the same species.

3. Names that will not be accepted include:

a) Consisting solely of numbers;

b) Violating social morals;

c) Likely to cause confusion regarding the characteristics and traits of the crop variety;

d) Identical or similar to trademarks, geographical indications protected for products or harvests of the crop variety.

Article 18. Recognition of New Crop Varieties

1. New crop varieties used in agriculture and forestry shall be recognized when they meet the following requirements:

a) Having testing results from testing facilities for new crop varieties;

b) Having trial production results accepted by the Department of Agriculture and Rural Development at the trial production site for large-scale production;

c) Having a name in accordance with Article 17 of this Ordinance;

d) Being evaluated by the specialized scientific council established by the Minister of Agriculture and Rural Development and recommended for recognition.

2. New crop varieties used in aquaculture shall be recognized when they meet the following requirements:

a) Having testing results from testing facilities for new crop varieties;

b) Having a name in accordance with Article 17 of this Ordinance;

c) Being evaluated by the specialized scientific council established by the Minister of Fisheries and recommended for recognition.

3. Based on the recommendation of the specialized scientific council, the Minister of Agriculture and Rural Development and the Minister of Fisheries shall consider and decide on the recognition of new crop varieties.

New crop varieties may be specially recognized without undergoing trial production if testing results show them to be exceptionally excellent.

4. Recognized new crop varieties shall be included in the Catalogue of Permitted Production and Business Crop Varieties.

Article 19. Selection, Recognition of Mother Trees, Leading Trees, Forestry Seedling Nurseries, Seedling Forests

1. The recognition of mother trees, leading trees, forestry seedling nurseries, and seedling forests shall be carried out through selection.

2. The Ministry of Agriculture and Rural Development shall organize the selection and recognition of forestry seedling nurseries.

3. The Department of Agriculture and Rural Development shall organize the selection and recognition of mother trees, leading trees, and seedling forests within its jurisdiction; monitor, evaluate, and guide the rational use and exploitation of recognized mother trees, leading trees, forestry seedling nurseries, and seedling forests.

4. Organizations and individuals registering for the selection of mother trees, leading trees, forestry seedling nurseries, and seedling forests must pay fees in accordance with laws on fees and charges.

CHAPTER IV
PROTECTION OF NEW CROP VARIETIES

Article 20. Principles of Protection for New Crop Varieties

1. The State protects the ownership rights and copyright for new plant varieties under the form of granting Plant Variety Protection Certificates.

2. The Ministry of Agriculture and Rural Development is the agency managing the protection of new plant varieties nationwide.

3. The protection of new plant varieties must comply with the provisions of this Ordinance, intellectual property laws, and other relevant legal regulations.

Article 21. Conditions for the protection of new plant varieties

1. Being included in the List of plant species protected by the State issued by the Ministry of Agriculture and Rural Development.

2. Having distinctiveness, uniformity, and stability.

3. Being novel from a commercial standpoint.

4. Having a name in accordance with Article 17 of this Ordinance.

Article 22. Subjects entitled to request the issuance of a Plant Variety Protection Certificate

1. Organizations that select and breed new plant varieties using state funds or other sources of funding.

2. Individuals who select and breed new plant varieties using their own labor and capital or other sources of funding.

3. The owner of a contract hiring organizations or individuals to select and breed new plant varieties if the contract does not provide otherwise.

4. Organizations or individuals who have sufficient grounds to be considered the first to select and breed a new plant variety when multiple organizations or individuals submit applications on the same day for the same new plant variety; in cases where the first organization or individual cannot be determined, the parties may agree to jointly submit the application or one party may submit the application alone, and if they fail to reach an agreement, the Plant Variety Protection Office has the right to reject the application.

5. Organizations or individuals submitting the first application when multiple organizations or individuals apply for the issuance of a Plant Variety Protection Certificate for the same new plant variety.

Article 23. Application dossier for requesting the issuance of a Plant Variety Protection Certificate

1. Organizations or individuals requesting the issuance of a Plant Variety Protection Certificate must submit the application directly or authorize another organization or individual to submit the application on their behalf to the Plant Variety Protection Office.

2. The application dossier for requesting the issuance of a Plant Variety Protection Certificate includes:

a) An application form for requesting the issuance of a Plant Variety Protection Certificate;

b) Documentation describing the new plant variety according to the prescribed model along with photographs.

The dossier must be in Vietnamese. In cases where foreign organizations or individuals request the issuance of a Plant Variety Protection Certificate, in addition to the dossier in Vietnamese, there must also be a dossier in English.

3. If the application dossier for requesting the issuance of a Plant Variety Protection Certificate complies with the provisions of Clause 2 of this Article, the Plant Variety Protection Office must confirm the date of submission and clearly record the file number.

Article 24. Procedure and formalities for issuing a Plant Variety Protection Certificate

1. The Plant Variety Protection Office shall review the dossier, organize the examination of the new plant variety applying for protection in accordance with Articles 25 and 26 of this Ordinance, and propose the Minister of Agriculture and Rural Development to issue a Plant Variety Protection Certificate.

2. The Minister of Agriculture and Rural Development shall consider and decide to issue a Plant Variety Protection Certificate when the plant variety meets all conditions stipulated in Articles 21, 22, 23, 25, and 26 of this Ordinance.

At the request of the holder of the Plant Variety Protection Certificate, the Minister of Agriculture and Rural Development shall consider issuing a copy of the Plant Variety Protection Certificate.

Article 25. Examination of the application dossier for requesting the issuance of a Plant Variety Protection Certificate

1. Within fifteen days from the date of receipt of the application dossier for requesting the issuance of a Plant Variety Protection Certificate, the Plant Variety Protection Office must determine the validity of the dossier; in cases where the dossier is incomplete, it must notify the applicant. Within thirty days from the date of receiving notification of an incomplete dossier, the applicant must complete the dossier in accordance with the regulations; if the dossier remains incomplete, the Plant Variety Protection Office will refuse to accept the dossier. The valid date of submission is the date the Plant Variety Protection Office accepts the dossier.

2. The Plant Variety Protection Office must complete the dossier examination within nine months from the date the applicant submits a valid application for the issuance of a Plant Variety Protection Certificate.

The dossier examination includes:

a) Determining the suitability of the applicant;

b) Determining the suitability of the new plant variety with the List of plant species protected by the State as stipulated in Clause 1 of Article 21 of this Ordinance;

c) Determining the suitability of the new plant variety for protection in Vietnam in accordance with international treaties to which Vietnam is a party;

d) Determining the suitability of the new plant variety in accordance with the regulations on protecting state secrets;

đ) Determining the novelty of the new plant variety from a commercial standpoint;

e) Determining the suitability of the plant variety name in accordance with Article 17 of this Ordinance.

3. During the dossier examination process, the Plant Variety Protection Office has the right to require the applicant to correct deficiencies; if the dossier is not corrected, the Plant Variety Protection Office has the right to reject the dossier.

4. After examining the dossier, if the dossier is valid, the Plant Variety Protection Office shall accept it in writing, announce it in specialized journals, and notify the applicant to proceed with the testing and examination procedures for the new plant variety as stipulated in Article 26 of this Ordinance.

Article 26. Testing and examination of new plant varieties applying for protection

1. Within fifteen days from the date of receipt of the notification of acceptance of a valid dossier from the Plant Variety Protection Office, the applicant for the issuance of a Plant Variety Protection Certificate must submit samples of the new plant variety to the testing facility.

2. The testing facility must conduct DUS testing of the new plant variety in accordance with the testing standards for each plant species issued by the Ministry of Agriculture and Rural Development.

3. The Plant Variety Protection Office shall examine the results of the DUS testing conducted by the testing facility.

4. After obtaining the examination results, the Plant Variety Protection Office shall be responsible for:

a) Announcing its intention to grant a Plant Variety Protection Certificate for the new plant variety in three consecutive issues of specialized journals.

b) Process the application to request the Minister of Agriculture and Rural Development to issue a certificate of plant variety protection within forty days from the date of the last announcement of the intention to issue the certificate in a specialized journal, if there is no written objection. In case of objections, the Plant Variety Protection Office must examine and conclude within thirty days from the date of receipt of the objection.

c) Notify and clearly state the reasons for not issuing a certificate of plant variety protection to the applicant; simultaneously announce on a specialized journal for three consecutive issues.

5. Within thirty days from the date of receiving the notification at points b and c of Clause 4 of this Article, the applicant has the right to file a complaint with the Minister of Agriculture and Rural Development regarding the failure to issue a certificate of plant variety protection.

6. After the decision to issue a certificate of plant variety protection is made by the Minister of Agriculture and Rural Development, the Plant Variety Protection Office shall announce the newly protected plant varieties in a specialized journal.

Article 27. Rights of the holder of the certificate of plant variety protection

1. To permit or prohibit the use of propagation material of the protected plant variety, products harvested from planting propagation material of the protected plant variety in the following activities:

a) Producing or propagating;

b) Processing seeds;

c) Offering for sale;

d) Selling or other forms of exchange;

đ) Exporting;

e) Importing;

g) Storing for the purpose of carrying out the activities specified in points a, b, c, d, and e of this clause.

2Request competent authorities to handle acts infringing upon the rights of the holder of the certificate of plant variety protection newly issued a certificate of plant variety protection.

3. In addition to the rights stipulated in Clause 1 and Clause 2 of this Article, the holder of the certificate of plant variety protection also enjoys benefits in the following cases:

a) A plant variety created by anyone from the protected propagation material of the holder of the certificate of plant variety protection, provided that the plant variety of the holder of the certificate of plant variety protection was not created from another protected plant variety;

b) A plant variety created by anyone that does not differ distinctly from the plant variety already protected;

c) of the holder of the certificate of plant variety protectionA plant variety created by anyone that gthe production 1. This Circular takes effect from July 1, 2025. of requires the repeated use of 3.3.1. Preparation of tools and materials. propagation material of the plant variety already protected

of the holder of the certificate of plant variety protection;

4. d.1. Amount of taxable income in Vietnam:d) Using propagation material of the protected plant variety of the holder of the certificate of plant variety protection to produce seed for commercial purposes in another country where such plant variety is not protected. themselves exploit or transfer the exploitation rights of the new plant varietythrough a contract

5. - Office of the President of the Stateto organizations or individuals. The contract transferring the exploitation rights of the new plant variety must be documented in writing and registered with the Plant Variety Protection Office. to inherit, transfer ownership of the certificate of plant variety protection according to the provisions of the law in the case where the owner is also the author; transfer ownership of the certificate of plant variety protection of the new plant variety in the case where the owner is not also the author.

Article 28. Limitations on the rights of the holder of the certificate of plant variety protection

1. The holder of the certificate of plant variety protection may only commercially exploit the plant variety when it is listed in the Catalogue of Permitted Production and Trade Plant Varieties.

2. For national interest or public interest, the Minister of Agriculture and Rural Development may issue a decision mandating the transfer of the exploitation rights of a newly protected plant variety and adding its name to the Catalogue of Permitted Production and Trade Plant Varieties if it is not already included in the Catalogue.

Organizations and individuals receiving the transfer of exploitation rights of a new plant variety must pay exploitation fees according to the contract to the holder of the certificate of plant variety protection.

Article 29. Cases where no royalties need to be paid to the holder of the certificate of plant variety protection

1. Organizations and individuals using protected plant varieties do not have to pay royalties to the holder of the certificate of plant variety protection in the following cases:

a) Using for breeding new plant varieties or scientific research;

b) Using for personal needs without commercial purposes;

c) Propagation material of the protected plant variety sold by the holder of the certificate of plant variety protection into the market.

2. Households, individuals using propagation material of protected plant varieties for self-propagation to plant for the next crop on land or water bodies under their own use rights.

Article 30. Obligations of the holder of the certificate of plant variety protection

1. Directly or through authorized persons maintain propagation material of the protected plant variety and provide such material upon request of competent state agencies.

2. Pay fees and charges for the protection of new plant varieties as prescribed by laws on fees and charges.

3. Pay remuneration to the author if the author is not the owner, unless otherwise agreed between the owner and the author. If the holder of the certificate of plant variety protection is a foreign organization or individual registered for protection in Vietnam, the payment of remuneration to the author shall be carried out according to the laws of that country.

Article 31. Rights and obligations of the author of a new plant variety

1. The author of a new plant variety who is also the holder of the certificate of plant variety protection has the following rights and obligations:

a) Be named in the certificate of plant variety protection;

b) Enjoy the rights of the holder of the certificate of plant variety protection as stipulated in Article 27 of this Decree;

c) Fulfill the obligations of the holder of the certificate of plant variety protection as stipulated in Clause 1 and Clause 2 of Article 30 of this Decree.

2. The author of a new plant variety who is not the holder of the certificate of plant variety protection has the following rights and obligations:

a) Be named as the author in the certificate of plant variety protection;

b) Receive remuneration paid by the holder of the certificate of plant variety protection as stipulated in Clause 3 of Article 30 of this Decree;

c) Request competent authorities to handle acts infringing upon the rights stipulated in point a and point b of this clause;

d) Assist the owner of the plant variety protection certificate to fulfill the obligation of maintaining propagation material for newly protected plant varieties.

Article 32. Priority right to determine the date of filing a valid application

1. The owner of a new plant variety who has filed an application for registration of a new plant variety in countries that have signed or acceded to international treaties on the protection of new plant varieties, and who again files an application for registration of the same plant variety in Vietnam within twelve months from the date of filing the application abroad, shall be entitled to the priority right to determine the date of filing a valid application.

The first valid filing date abroad shall be accepted as the valid filing date in Vietnam.

2. Within ninety days from the date of filing the application in Vietnam, the owner of the new plant variety must submit a certified copy of the first application for registration filed abroad, along with samples of the plant variety and evidence proving that the plant variety in both applications is the same variety. In the application for registration of a new plant variety in Vietnam, a request for the priority right to determine the date of filing a valid application must be made.

Article 33. Term of protection for new plant varieties

1. The term of protection for new plant varieties is twenty years, and for woody plants and grapes, it is twenty-five years.

2. The period of protection begins from the date the application for issuance of a plant variety protection certificate is accepted as a valid application by the Plant Variety Protection Office.

Article 34. Suspension of effect of the plant variety protection certificate

1. The Minister of Agriculture and Rural Development has the authority to suspend the effect of the plant variety protection certificate.

2. The plant variety protection certificate will be suspended when any of the following circumstances occur:

a) The plant variety no longer meets the requirements of uniformity and stability as at the time of granting the protection certificate;

b) The owner of the new plant variety does not provide the necessary documentation and propagation material to maintain and conserve the plant variety as required by the competent state authorities;

c) More than six months have passed since the due date for payment of subsequent fees, and the owner of the protection certificate has not paid the fee to maintain the effect of the protection certificate.

3. During the period when the plant variety protection certificate is suspended, the owner of the new plant variety does not have the rights stipulated in Article 27 and Clause 1 of Article 28 of this Ordinance.

4. The plant variety protection certificate may be reviewed for reinstatement of its effect if the owner of the protection certificate remedies the grounds for suspension of effect as provided in this Article.

Article 35. Revocation of the plant variety protection certificate

1. The Minister of Agriculture and Rural Development has the authority to revoke the effect of the plant variety protection certificate.

2. The plant variety protection certificate will be revoked when any of the following circumstances occur:

a) The owner of the plant variety protection certificate voluntarily requests revocation;

b) There is evidence proving that the owner of the plant variety protection certificate is not the subject entitled to the protection certificate under the law;

c) The plant variety lacks novelty and distinctiveness as determined at the time of granting the plant variety protection certificate.

CHAPTER V
PRODUCTION AND TRADE OF PLANT VARIETIES

Article 36. Conditions for producing and trading main crop seeds

1. Organizations and individuals producing main crop seeds for commercial purposes must meet the following conditions:

a) Possess a business registration certificate in the field of seed production;

b) Have a production location that is consistent with the planning of the Agriculture sector, the Aquatic Resources sector, and meets the requirements of each type and level of seed production; ensure environmental standards according to laws on environmental protection, laws on plant quarantine and aquatic resources protection;

c) Have material and technical facilities suitable for the production process of each type and level of seed as issued by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries;

d) Have or hire technical staff trained in agricultural planting techniques, aquaculture, and plant protection.

2. Organizations and individuals trading main crop seeds must meet the following conditions:

a) Possess a business registration certificate including items related to seed production;

b) Have a trading location and material and technical facilities suitable for trading each type and level of seed;

c) Have technical staff capable of identifying the types of seeds traded and proficient in seed storage techniques;

d) Have or hire testing staff and equipment to test the quality of traded seeds.

3. Households and individuals producing and trading main crop seeds without the need to register for business operations are not required to comply with the provisions of Clauses 1 and 2 of this Article but must ensure seed quality standards and environmental hygiene according to laws on plant quarantine, environmental protection, and aquatic resources.

Article 37. Production of Pure Seed

1. Pure seeds of main crops in agriculture are produced through a four-level system: author seed level, super foundation seed level, foundation seed level, and certified seed level. Lower level seeds are produced from higher level seeds according to the seed production procedures at each level issued by the Ministry of Agriculture and Rural Development.

In cases where there is no author seed available for producing super foundation seed, the production of super foundation seed shall be carried out according to the procedure for rejuvenating super foundation seed.

2. The Ministry of Agriculture and Rural Development shall issue standards for each level of seed, seed production procedures, and procedures for rejuvenating super foundation seed.

Article 38. Production of Industrial Crop Seeds, Long-term Fruit Tree Seeds, Forestry Tree Seeds, Ornamental Plant Seeds, and Other Crop Seeds

1. Organizations and individuals producing industrial crop seeds, long-term fruit tree seeds, and forestry tree seeds using vegetative propagation methods must propagate from mother plants or mother plant nurseries.

2. Organizations and individuals propagating forestry tree seeds must use seeds from mother trees, nurseries, or forests that have been selected and recognized.

3. Organizations and individuals producing industrial crop seeds, short-term fruit tree seeds, ornamental plant seeds, and other crop seeds using vegetative propagation methods must follow the procedures issued by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

Article 39. Seed Labeling

1. For packaged seeds when traded, labels must include the following information:

a) Name of the seed variety;

b) Name and address of the organization or individual responsible for the seed production and trade;

c) Quantity of seed;

d) Main quality criteria;

đ) Date of production and expiration date;

e) Storage and usage instructions;

g) Country of origin for imported seeds.

2. For unpackaged seeds and when it is impossible to fully label all the information specified in Clause 1 of this Article, such information must be included in accompanying documents when trading seeds.

Article 40. Export of Crop Seeds

1. Organizations and individuals may export crop seeds not listed in the Catalogue of Prohibited Seed Exports issued by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

2. Organizations and individuals exchanging with foreign countries crop seeds listed in the Catalogue of Prohibited Seed Exports for scientific research or special purposes must obtain permission from the Minister of Agriculture and Rural Development and the Minister of Fisheries.

Article 41. Import of Crop Seeds

1. Organizations and individuals may import crop seeds listed in the Catalogue of Permitted Seed Production and Trade.

2. Organizations and individuals importing crop seeds not listed in the Catalogue of Permitted Seed Production and Trade for research, trial production, or other special cases must obtain permission from the Minister of Agriculture and Rural Development and the Minister of Fisheries.

Chapter VI
MANAGEMENT OF SEED QUALITY

Article 42. Principles of Seed Quality Management

Organizations and individuals producing and trading seeds must be responsible for the quality of seeds they produce and trade through the publication of quality standards and declaration of seed quality meeting those standards.

Article 43. Seed Quality Standards

1. The system of seed quality standards includes:

a) Vietnamese Standards;

b) Industry Standards;

c) Enterprise Standards;

d) International standards, regional standards, and foreign standards applied in Vietnam.

2. The authority to issue the catalogue of seeds requiring the application of standards is as follows:

a) The Ministry of Science and Technology issues the Catalogue of Seeds Requiring Application of Vietnamese Standards;

b) The Ministry of Agriculture and Rural Development and the Ministry of Fisheries issue the Catalogue of Seeds Requiring Application of Sectoral Standards.

Article 44. Declaration of Seed Quality Standards

1. Organizations and individuals producing and trading seeds listed in points a and b, Clause 2, Article 43 of this Ordinance must declare the quality standards of seeds they produce and trade; the declared standards must not be lower than the standards stipulated in points a and b, Clause 1, Article 43 of this Ordinance.

2. The State encourages organizations and individuals to voluntarily declare quality standards of seeds not listed in points a and b, Clause 2, Article 43 of this Ordinance.

3. The procedures and formalities for declaring seed quality standards are regulated by laws on product quality. according to Article 45.

Article 45. Announcing the quality of plant seeds in compliance with standards

1. Organizations and individuals producing and trading in plant seeds when announcing their quality in compliance with standards must base themselves on one of the following grounds:

a) The results of quality certification from testing institutions for plant seeds listed in the catalog of plant seeds that must be certified to comply with standard quality requirements as stipulated in Clauses 2 and 3 of this Article;

b) The self-assessment results of organizations and individuals or the assessment results from testing institutions for plant seeds not listed in the catalog of plant seeds that must be certified to comply with standard quality requirements as stipulated in Clauses 2 and 3 of this Article.

2. The Ministry of Science and Technology shall promulgate the Catalog of plant seeds that must be certified to comply with Vietnamese quality standards.

3. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall promulgate the Catalog of plant seeds that must be certified to comply with industry quality standards.

4. The procedures and formalities for announcing the quality of plant seeds in compliance with standards must be carried out in accordance with the provisions of the law on product quality. according to Article 46.

Testing and inspecting the quality of plant seeds 1. The testing and inspection of the quality of plant seeds shall be conducted by service testing institutions.

2. Service testing institutions for the quality of plant seeds must meet the following conditions:

a) Having a laboratory equipped with appropriate equipment for seed testing;

b) Having environmental control equipment suitable for seed testing requirements;

c) Having technical staff trained and certified in seed testing.

3. Service testing institutions for the quality of plant seeds must bear responsibility for the results of testing and inspection they conduct.

4. The costs of testing and inspection shall be borne by the organizations and individuals requesting such services.

5. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall recognize and manage service testing institutions for the quality of plant seeds.

Article 47.

Plant quarantine for plant seeds Organizations and individuals selecting, creating, producing, trading, and using plant seeds must comply

with the provisions of the law on plant protection and quarantine. according to INSPECTION AND RESOLUTION OF DISPUTES

Chapter VII
Article 48.

Seed inspection Seed inspection is specialized inspection.

The organization and operation of specialized seed inspection

shall be governed by the law on inspection. according toArticle 49.

Resolution of disputes over plant seed authorship rights and protection of new plant varieties Disputes over plant seed authorship rights and protection of new plant varieties shall be resolved by the People's Court in accordance with the law.

Article 50.

Chapter VIII
IMPLEMENTING PROVISIONS

This Ordinance takes effect from July 1, 2004. Effectiveness

Article 51.

Implementation guidance The Government shall provide detailed regulations and guidance for implementing this Ordinance.

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance../.