Circular No. 18/2012/TT-BNNPTNT on management of production and business of industrial crop seeds and perennial fruit tree seeds

CIRCULAR

Regulations on the management of production and business of industrial crop seeds and perennial fruit tree seeds

__________________

Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government;

Pursuant to the Law on Technical Standards and Regulations dated June 29, 2006 and Decree No. 127/2007/ND-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Technical Standards and Regulations;

Pursuant to the Law on Product Quality dated November 21, 2007 and Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality;

Pursuant to the Seed Variety Law dated April 5, 2004;

CONSIDERING the proposal of the Director of the Crop Production Department;

The Ministry of Agriculture and Rural Development issues this Circular on the management of production and business of industrial crop seeds and perennial fruit tree seeds as follows.

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. This Circular stipulates the procedures, formalities, and responsibilities of organizations and individuals in registering, recognizing, managing seed sources, and producing and trading industrial crop seeds and perennial fruit tree seeds through vegetative propagation methods.

2. This Circular applies to domestic organizations and individuals and foreign organizations and individuals involved in activities related to the contents specified in Clause 1 of this Article.

Article 2. Interpretation of Terms

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

1. Industrial crops and perennial fruit trees: are types of industrial crops and fruit trees with a long basic construction period and a long economic life.

2. Parent plant: is a plant with high and stable yield and quality, better resistance than other plants in the same variety population (local variety, newly selected variety, imported variety), recognized by the competent authority for use as breeding material.

3. Parent plant orchard: is an orchard propagated vegetatively from parent plants; recognized by the competent authority for use as breeding material.

4. Citrus S_0: is a plant propagated vegetatively by top-working grafting from citrus parent plants, tested and confirmed to be free from Huanglongbing (HLB) and Tristeza diseases. Plant S₀ is used for harvesting breeding material to produce plant S₁.

5. Citrus S_1: is a plant propagated vegetatively from plant S_0, tested and confirmed to be free from Huanglongbing (HLB) and Tristeza diseases. Plant S₁ is used for harvesting breeding material to produce plant S_2.

6. Citrus S_2: is a plant propagated vegetatively from plant S_1, tested and confirmed to be free from Huanglongbing (HLB) and Tristeza diseases. Plant S₂is planted for fruit production, not for harvesting breeding material.

7. Seed source: is a general term referring to parent plants (including citrus S₀₎ and parent plant orchards (including citrus S₁₎ orchards) recognized.

8. Breeding material: are parts of the plant such as roots, branches, buds, scions harvested from seed sources for use in vegetative propagation.

9. Seed source code: is the code of parent plants and parent plant orchards assigned by the Department of Agriculture and Rural Development where the seed source is located according to regulations.

10. Seed lot: is a defined quantity of seeds of the same variety, produced from the same seed source, at the same time, place, and propagation technique.

Chapter II

RECOGNITION AND MANAGEMENT OF SEED SOURCES

Article 3. Recognition of Leading Tree

1. Submitting application

Organizations and individuals wishing to register for recognition of leading trees shall submit one (01) set of application files directly or through postal service to the Department of Agriculture and Rural Development where the leading tree is located. The file includes:

a) Application form for recognition of leading trees of perennial industrial crops and fruit trees (Annex 01 issued together with this Circular);

b) Relevant documents including: garden layout diagram; report on seed origin; research results, competition results (if any).

The report on seed origin must include the following contents: origin; planting time and materials; growth indices, yield, quality, resistance to adverse external conditions such as pests, drought, flooding, cold, heat (data from the last three consecutive years).

2. Receiving and Processing Applications

The Department of Agriculture and Rural Development shall receive and review applications for recognition of leading trees according to the following procedures:

a) Within three (03) working days from the date of receipt of the application, the receiving department shall check the completeness of the application file in accordance with regulations. In case the application is incomplete, they must notify and guide organizations and individuals to complete the application.

b) Within five (05) working days from the date of receipt of the complete application file, the Department of Agriculture and Rural Development issues a Decision to establish a Committee for Evaluation of Leading Trees.

Within thirty-five (35) working days from the date of issuance of the establishment decision, the Evaluation Committee conducts an assessment of the leading tree and prepares a record sent back to the Department of Agriculture and Rural Development.

Within five (05) working days from the date of receipt of the evaluation record from the Evaluation Committee, the Department of Agriculture and Rural Development issues a decision to grant or not grant the Certificate of Recognition of Leading Trees; in case of non-recognition, they must notify the applicant in writing, specifying the reasons.

3. Evaluation of Leading Trees

a) Evaluation Committee:

The Director of the Department of Agriculture and Rural Development issues a Decision to establish the Evaluation Committee for Leading Trees.

The Committee consists of five to seven members, including representatives of the Department of Agriculture and Rural Development and experts in the field of crop evaluation.

The Chairman of the Committee is an expert knowledgeable about the registered crop for evaluation.

b) Evaluation Procedure:

The Committee reviews the application file and conducts on-site inspections of the characteristics, growth, and development of the leading tree according to technical requirements and quality standards specified in the national standard for leading trees.

In cases where there is no national standard for leading trees for the registered crop, the Committee establishes evaluation criteria, which are submitted for approval by the Director of the Department of Agriculture and Rural Development before conducting the evaluation.

The Committee prepares a record recommending recognition or non-recognition of the leading tree and sends it to the Department of Agriculture and Rural Development.

Article 4. Recognition of Leading Garden

1. Submitting application

Organizations and individuals wishing to register for recognition of leading gardens shall submit one (01) set of application files directly or through postal service to the Department of Agriculture and Rural Development where the leading garden is located. The file includes:

a) Application form for recognition of leading gardens of perennial industrial crops and fruit trees (Annex 01 issued together with this Circular);

b) Relevant documents including: garden layout diagram; report on leading garden.

The report on leading garden must include the following contents: origin; planting time and materials; observations on growth, development, yield, quality, resistance to adverse external conditions such as pests, drought, flooding, cold, heat.

2. Receiving and Processing Applications

The Department of Agriculture and Rural Development shall receive and review applications for recognition of leading gardens according to the following procedures:

a) Within three (03) working days from the date of receipt of the application, the receiving department shall check the completeness of the application file in accordance with regulations. In case the application is incomplete, they must notify and guide organizations and individuals to complete the application.

b) Within five (05) working days from the date of receipt of the complete application file, the Department of Agriculture and Rural Development issues a Decision to establish a Team for Assessment of Leading Gardens.

Within twenty (20) working days from the date of issuance of the establishment decision, the Assessment Team conducts an assessment of the leading garden and prepares a record sent back to the Department of Agriculture and Rural Development.

Within five (05) working days from the date of receipt of the assessment record from the Assessment Team, the Department of Agriculture and Rural Development issues a decision to grant or not grant the Certificate of Recognition of Leading Garden; in case of non-recognition, they must notify the applicant in writing, specifying the reasons.

3. Assessment of Leading Gardens

a) Assessment Team:

The Director of the Department of Agriculture and Rural Development issues a Decision to establish the Team for Assessment of Leading Gardens.

The Assessment Team consists of three to five members, including representatives of the Department of Agriculture and Rural Development and experts in the field of the registered crop for assessment.

b) Assessment Procedure:

The Assessment Team checks the application file and conducts on-site inspections of the registered garden according to the national standard or evaluation criteria for leading trees as stipulated in point b, Clause 3, Article 3 of this Circular; prepares an assessment record recommending recognition or non-recognition and sends it to the Department of Agriculture and Rural Development.

c) For newly developed domestic plant varieties or imported ones, after being officially recognized as a variety, if there is a need to quickly expand into production at the request of localities or enterprises, organizations and individuals with the seed source shall submit an application file to the Department of Agriculture and Rural Development requesting recognition of the experimental garden or trial production garden as a leading garden. The file is as prescribed in Clause 1 of this Article, supplemented with a request letter from the locality or enterprise requiring rapid expansion of the variety into production. The procedure and process are carried out as prescribed in Clause 2 and points a and b of Clause 3 of this Article.

Article 5. Issuance, reissuance, suspension, and revocation of the Certificate recognizing primary trees and primary tree gardens

1. Issuance of the Certificate recognizing primary trees and primary tree gardens

a) Based on the evaluation report of the Primary Tree Selection Committee and the Primary Tree Garden Verification Team, the Director of the Department of Agriculture and Rural Development shall consider and decide to issue the Certificate recognizing primary trees or primary tree gardens (Annex 02, Annex 03 issued together with this Circular);

b) The validity period of the Certificate is five (05) years from the date of issuance.

2. Reissuance of the Certificate recognizing primary trees and primary tree gardens

a) Three (03) months before the expiration date, if the seed source owner wishes to apply for re-recognition, they must submit one (01) set of application documents directly or via postal service to the Department of Agriculture and Rural Development for consideration and resolution.

b) The re-recognition application documents include: the request for re-recognition, a copy of the most recent recognition decision; a diagram of the seed source, a summary report on growth, yield, quality, and the quantity of propagation material harvested during the previous recognition period.

c) Procedure and time limit for processing the application:

Within three (03) working days from the date of receiving the application, the reception department must check the completeness of the application documents according to regulations; in case the application is incomplete, they must notify and guide the organization or individual to complete the application.

Within fifteen (15) working days from the date of receiving the complete application documents according to regulations, the Department of Agriculture and Rural Development will base their decision on the actual care, use, and growth of the primary trees and primary tree gardens; if conditions are met, they will re-recognize them.

d) The validity period of the reissued Certificate is five (05) years from the date of reissuance.

3. Suspension and Revocation of the Certificate recognizing primary trees and primary tree gardens

Based on the inspection report, the Director of the Department of Agriculture and Rural Development issues a decision to suspend or revoke the Certificate recognizing primary trees and primary tree gardens.

a) The Certificate recognizing primary trees and primary tree gardens will be immediately suspended at the time of inspection if the seed source owner violates any of the provisions specified in points b, c, Clause 2, Article 12 of this Circular; the suspension period is stated in the inspection report.

b) The Certificate recognizing primary trees and primary tree gardens will be suspended if the seed source owner violates any of the provisions specified in points a, d, đ, e, g, Clause 2, Article 12 of this Circular but does not take corrective measures after the deadline stated in the inspection report.

c) The Certificate recognizing primary trees and primary tree gardens will be revoked if the suspension period expires and the seed source owner has not taken corrective measures, or when the seed source deteriorates due to severe natural disasters or pests that cannot be remedied.

Article 6. Fees and Charges

Fees and charges for applying for recognition or re-recognition of primary trees and primary tree gardens shall be paid by the organization or individual applying for recognition according to Circular No. 180/2011/TT-BTC dated December 14, 2011, of the Ministry of Finance, which stipulates the collection, payment, management, and use of fees and charges in the field of crop cultivation and forestry tree seeds.

Chapter III

PRODUCTION AND BUSINESS OF INDUSTRIAL TREE SEEDS AND LONG-LIVED FRUIT TREE SEEDS

Article 7. Conditions to ensure the quality of industrial crop seeds and perennial fruit tree seeds during production and business

1. Organizations and individuals producing industrial crop seeds and perennial fruit tree seeds for commercial purposes must ensure production and business conditions in accordance with the provisions of the law and the requirements for managing seed quality as follows:

a) Having a nursery that meets the following requirements: The area of seedling planting zones, potting, propagation, and training of seedlings is appropriate to the scale of the number of seedlings produced; having an active water supply system; isolating sources of disease transmission.

b) Propagating from recognized seed sources;

c) Having a technical propagation process;

d) Having or hiring personnel to inspect industrial crop seeds and perennial fruit tree seeds;

đ) Implementing labeling and announcing standards applicable to seedlings leaving the nursery in accordance with Articles 8 and 9 of this Circular.

2. Organizations and individuals trading in industrial crop seeds and perennial fruit tree seeds must ensure production and business conditions in accordance with the provisions of the law and the requirements for managing seed quality as follows:

a) Ensuring labeling and announcing standards in accordance with Articles 8 and 9 of this Circular;

b) Ensuring the origin of seedlings: Having contracts or purchase-sale documents for seedlings with organizations or individuals producing seeds, which clearly record information about the name of the variety, the seed source used for propagation, announced standards applied, quantity of plants, delivery time;

c) Having measures to ensure the quality of seedlings during storage and transportation.

Article 8. Labeling

1. Industrial crop seeds and perennial fruit tree seeds circulating on the market shall implement product labeling in accordance with the provisions of Article 39 of the Seed Law, Decree No. 89/2006/ND-CP dated August 30, 2006 of the Government on product labeling, including the following information:

a) Name of the plant variety;

b) Name and address of the production and business entity;

c) Main quality criteria;

d) Date of leaving the nursery and shelf life;

đ) Country of production for imported plant varieties;

e) Source code.

2. For seedlings grown in large pots, labels shall be printed or attached to each seedling, or printed on the pot bag. For bare-root seedlings or seedlings in small pot bags, labels shall be printed on the binding tape, or printed on the box, bag, or accompanying documentation of the plant variety.

Article 9. Announcing Applied Standards

1. Content of announcement: Standard number or main quality criteria of seedlings.

2. Form of announcement: Implemented in accordance with the provisions of Article 23 of the Product Quality Law.

Article 10. Announcement of Conformity to Standards

1. Basis for announcement of conformity to standards

a) In cases where the announcement is based on the self-assessment results of organizations or individuals producing seedlings: Inspection report of the seed lot quality according to the model at Appendix 05 issued together with this Circular and clean disease testing certificate (for citrus and other perennial crops specified in the applied standard announcement);

b) In cases where the announcement is based on the assessment results of Certification Organization: Certificate of conformity to standards issued by the Certification Organization registered to operate in accordance with Circular No. 08/2009/TT-BKHCN dated April 8, 2009 of the Ministry of Science and Technology for organizations or individuals producing seeds.

2. Procedures and formalities for announcing conformity to standards are implemented in accordance with Article 15 of Decision No. 24/2007/QĐ-BKHCN dated September 28, 2007 of the Minister of Science and Technology.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 11. Responsibilities of State Management Agencies

1. The Crop Cultivation Department:

a) Proposing to build new, review, amend, supplement, and guide the implementation of national standards on industrial crop seeds and perennial fruit tree seeds;

b) Building training programs, assigning, organizing training, and issuing identification numbers for personnel inspecting the quality of industrial crop seeds and perennial fruit tree seeds in accordance with Clause 8 of Article 5 of Circular No. 17/2011/TT-BNNPTNT dated April 6, 2011 of the Ministry of Agriculture and Rural Development;

c) Compiling and announcing a list of recognized seed sources (recognized, re-recognized, or canceled recognition effect) on the Department's website;

d) Inspecting, auditing, handling complaints, accusations, and dealing with violations related to seed sources, management of production and trade of industrial crop seeds and perennial fruit tree seeds nationwide.

2. Departments of Agriculture and Rural Development of provinces and centrally-administered cities:

a) Organizing selection, evaluation, issuance, reissuance, or cancellation of the effect of certificates recognizing seed sources of industrial crops and perennial fruit trees within its jurisdiction;

b) Guiding the effective management and exploitation of recognized seed sources;

c) Directing and guiding the implementation of standards for industrial crop seeds and perennial fruit tree seeds;

d) Regularly updating and publicly announcing the list of recognized, re-recognized, or canceled recognition effect seed sources on the Department's website;

đ) Reporting to the Crop Cultivation Department: Decisions recognizing, re-recognizing, or canceling the recognition effect of seed sources (one copy, immediately after issuing the decision); the situation of production and trade of industrial crop seeds and perennial fruit tree seeds within its jurisdiction (annually, before December 31);

e) Inspecting, auditing, handling complaints, accusations, and dealing with violations related to seed sources, management of production and trade of industrial crop seeds and perennial fruit tree seeds within its jurisdiction.

Article 12. Rights and responsibilities of the source seed owner

1. Rights of the source seed owner:

a) To advertise and introduce the source seed in accordance with the provisions of the advertising laws;

b) To exploit and trade propagation materials from the source seed in accordance with the law and within the maximum limit permitted in the Certificate of Recognition of Source Seed;

c) To lodge complaints, denunciations, and demand compensation for illegal acts infringing upon the source seed.

2. Responsibilities:

a) Assigning identification codes to the source seed: The identification code of the source seed shall be assigned by the Department of Agriculture and Rural Development in accordance with Appendix 04 issued together with this Circular.

For primary trees and citrus trees S₀ the identification code must be directly attached to each individual tree. For primary tree orchards and citrus tree orchards S₁ the identification code shall be placed on a signboard at a visible location.

b) Ensuring that the source seed always meets the criteria as recognized, not infected with dangerous diseases, and does not degenerate.

c) Citrus plants_0, citrus trees S₁ must be planted in insect-proof net houses.

d) Exploiting propagation materials not exceeding the quota specified in the Certificate of Recognition of Source Seed;

đ) Maintaining a record of the supply of propagation materials;

e) Annually reporting the results of exploitation, growth and development status of the source seed, and any changes related to the transfer of ownership rights of the source seed (if applicable) to the Department of Agriculture and Rural Development;

g) Complying with inspection and enforcement measures by inspection authorities as prescribed by law.

Article 13. Responsibilities of organizations and individuals producing and trading industrial crop seeds and perennial fruit tree seeds

1. Implementing requirements for ensuring seed quality during production and trading as stipulated in Article 7 of this Circular.

2. Complying with inspection and enforcement measures by inspection authorities as prescribed by law.

Chapter V

IMPLEMENTING PROVISIONS

Article 14. Transitional Provisions

1. For source seeds recognized before the effective date of this Circular, they shall remain valid until the expiry date stated in the Certificate of Recognition of Source Seed.

2. Provisions relating to certifiers in this Circular shall be implemented one (01) year from the date this Circular takes effect.

Article 15. Effective Date

1. This Circular shall take effect 45 days from the date of signature and shall replace Decision No. 64/2008/QĐ-BNN dated May 23, 2008 of the Minister of Agriculture and Rural Development on management of industrial crop seed and perennial fruit tree seed production and trading; Clause 3 of Circular No. 17/2011/TT-BNNPTNT dated April 6, 2011 of the Ministry of Agriculture and Rural Development amending, supplementing, and abolishing certain administrative procedures in the field of crop cultivation pursuant to Resolution No. 57/NQ-CP dated December 15, 2010; Decision No. 69/2008/QĐ-BNN dated June 3, 2008 of the Minister of Agriculture and Rural Development promulgating the List of Industrial Crop Seeds and Perennial Fruit Tree Seeds Required to Be Certified as Meeting Standards.

2. During the implementation process, if there are difficulties or obstacles, relevant organizations and individuals should report to the Ministry of Agriculture and Rural Development (Crop Cultivation Department) for prompt resolution./.