Decision No. 19/2006/QĐ-BNN stipulates on the testing, trial production, recognition, and naming of new agricultural crop varieties.

DECREE OF THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

REGULATING TRIALING, FIELD TESTING, RECOGNITION, AND NAMING OF NEW AGRICULTURAL PLANT VARIETIES

naming new agricultural crop varieties

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 86/2003/ND-CP dated July 18, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Ordinance No. 15/2004/PL-UBTVQH11 dated March 24, 2004 of the Standing Committee of the National Assembly on Plant Varieties;

Pursuant to Decree No. 179/2004/ND-CP dated October 21, 2004 of the Government on State Management of Product Quality;

Pursuant to Decree No. 57/2005/ND-CP dated April 27, 2005 of the Government on Administrative Sanctions for Violations in the Field of Plant Varieties;

Based on the proposal of the Director of the Crop Production Department and the Director of the Science and Technology Department,

DECISION:

Article 1. NOW ISSUES THE REGULATION ON TRIALING, FIELD TESTING, RECOGNITION, AND NAMING OF NEW AGRICULTURAL PLANT VARIETIES

Article 2. This Decision shall take effect 15 days from the date of publication in the Official Gazette and shall replace Decision No. 52/2003/QĐ-BNN on Trialing, Recognition, and Naming of New Agricultural Plant Varieties.

Article 3. The Heads of the Ministry's Office, the Director of the Crop Production Department, the Director of the Science and Technology Department, the Directors of Provincial Departments of Agriculture and Rural Development under the Central Government, and related organizations and individuals are responsible for implementing this Decision.

REGULATIONS

ON TRIALING, FIELD TESTING, RECOGNITION

AND NAMING OF NEW AGRICULTURAL PLANT VARIETIES

(Issued pursuant to Decision No. 19/2006/QĐ-BNN dated March 21, 2006)

of the Minister of Agriculture and Rural Development)

I. GENERAL PROVISIONS

Article 1. Scope of Application and Regulatory Scope

1. This Regulation applies to organizations and individuals involved in the activities of trialing, field testing, recognition, and naming of new agricultural plant varieties.

2. This Regulation stipulates the procedures and formalities for trialing, recognizing, and naming new agricultural plant varieties selected and created domestically or imported before being included in the List of Permitted Plant Varieties for production and business. production and business.

Article 2. Interpretation of Terms

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

1. Trial of new plant varieties is the process of monitoring and evaluating under certain conditions and time periods to determine the distinctiveness, uniformity, stability, agronomic value, and utility value of the plant variety.

2. National trial (Official Testing) is the form of trial conducted by institutions recognized or designated by the Ministry of Agriculture and Rural Development (hereinafter referred to as the trial institution) for new varieties of major crops selected and created in Vietnam and imported varieties not yet included in the List of Permitted Plant Varieties for production and business.

3. Breeder self-trial (Breeder Testing) is the form of trial conducted by organizations or individuals as authors according to unified trial regulations for plant varieties not included in the List of Major Crops. DUS trial

4. is the process of evaluating distinctiveness (Distinctness), uniformity (Uniformity), and stability (Stability) of new plant varieties according to DUS trial regulations for each crop species. 5. VCU trial

is the process of evaluating the agronomic value and utility value (Value of Cultivation and Use) of new varieties according to VCU trial regulations for each crop species. The agronomic value and utility value of new varieties are characteristics related to yield, quality, disease resistance, adverse conditions, and seed production capability. Recognized trial variety for field testing

6. is a new agricultural plant variety that has been trialed, meets standards, and is approved by the Ministry of Agriculture and Rural Development for field testing. Field testing

7. is the process of producing a new plant variety that has been trialed and permitted for production on a specified area under large-scale production conditions. New plant variety

8. (previously called national variety) is a new agricultural plant variety that has undergone field testing, meets standards, and is officially recognized by the Ministry of Agriculture and Rural Development. Technological progress variety

9. is a new agricultural plant variety imported through selection, field testing, meeting standards, and officially recognized by the Ministry of Agriculture and Rural Development. List of major crops

10. is the list of major crop species prescribed by the Minister of Agriculture and Rural Development. Scientific Council at the Base

11. is the specialized scientific council established by the Provincial Department of Agriculture and Rural Development where the new plant variety field testing is conducted to review and evaluate the new plant variety. is the specialized Science Council established by the Department of Agriculture and Rural Development at the location where the new crop variety trial production is conducted to review and evaluate the new crop variety.

Article 3. Fees and charges for plant variety testing

Organizations and individuals with newly registered agricultural plant varieties must pay fees and charges as prescribed.

II. TESTING, TRIAL PRODUCTION, RECOGNITION, AND NAMING OF NEW AGRICULTURAL PLANT VARIETIES

NEW AGRICULTURAL CROP VARIETIES

Section 1: TESTING

Article 4. Testing facilities:

1. Testing facilities recognized by the Ministry of Agriculture and Rural Development must meet the following conditions:

a) Have registered to conduct plant variety testing activities;

b) Have locations suitable for testing requirements, growth and development needs of each crop species, complying with environmental protection laws and plant quarantine laws;

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

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

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

2. Procedures for recognizing testing facilities:

a) Organizations that meet the conditions to conduct plant variety testing as stipulated in Clause 1 of this Article shall submit registration files to the Crop Production Department. The file includes:

- Application form for recognition of testing facilities (in accordance with the model prescribed in Decision No. 66/2004/QĐ-BNN dated November 22, 2004 of the Minister of Agriculture and Rural Development);

- Technical condition declaration form for testing;

- Copy of the decision on the functions and tasks of the facility;

b) Within 60 days from the date of receiving valid files, the Crop Production Department will organize an assessment and propose the Ministry to recognize the testing facility.

Article 5. Forms of testing

1. National Testing: New plant varieties listed in the main plant variety catalog must undergo national testing.

2. Self-testing by authors: New plant varieties not included in the main plant variety catalog may be self-tested by their authors.

Article 6. Content of testing

1. DUS Testing:

a) New plant varieties listed in the main plant variety catalog must undergo DUS testing.

b) New plant varieties not listed in the main plant variety catalog are encouraged to undergo DUS testing.

2. VCU Testing is conducted according to the testing regulations for each crop species issued by the Ministry of Agriculture and Rural Development, including two steps: basic testing and production testing. The scale of testing for each step is specified in Article 6 of these Regulations.

Article 7. Procedures, formalities, and scale of testing

1. National Testing

a) Registration file for testing: Organizations and individuals submit the registration file for testing to the testing facility (directly or via postal service).

The documents include:

- Testing registration form (according to Model Appendix 1).

- Technical declaration form (according to Model Appendix 2).

b) Receiving the file

The testing facility receives and checks the file; if the file is valid, it proceeds to sign a testing contract; if the file is invalid, within five days from receipt of the file, the testing facility notifies the organization or individual to complete the file in accordance with regulations.

c) Signing the testing contract and sending the test sample

Organizations and individuals with registered varieties for testing sign a contract with the testing facility and send the test sample according to the testing regulations.

d) Conducting testing

Based on the contract, the testing facility conducts testing according to the testing regulations.

đ) Reporting on testing activities

The testing facility is responsible for:

- Before conducting testing, report the name of the organization or individual with the registered variety, the variety name, testing time, and location to the Crop Production Department (according to Model Appendix 3).

- Report the testing results to the Crop Production Department no later than 60 days after the end of testing.

2. Self-testing by authors

a) Register testing with the Crop Production Department (according to Model Appendix 1).

b) Conduct testing according to current testing regulations. For varieties without testing regulations, the author builds testing regulations and agrees with the Crop Production Department before conducting testing.

c) Report the testing results to the Crop Production Department no later than 60 days after the end of testing.

d) Scale of production testing: maximum testing area for each variety is specified at (Appendix 4).

PART 2: TRIAL PRODUCTION

Article 8. Conditions and procedures for granting permission to trial production of varieties

1. Varieties for trial production must be those that have undergone testing and possess main characteristics not inferior to the control variety and superior in at least one of the following criteria:

a) Yield increase of at least 10%;

b) Better quality (nutrition, sensory, export, processing...);

c) Higher economic efficiency;

d) Superior agronomic traits (growth period suitable for breeding objectives, pest and disease resistance, lodging resistance, tolerance to adverse environmental conditions such as drought, flooding, heat, cold, salinity, alkalinity...);

2. Organizations and individuals with new crop varieties proposing to conduct trial production must prepare and submit an application dossier to the Crop Production Department, which includes:

- Application for recognition of a variety for trial production (Annex 5);

- Report on the results of testing (for major crops, the report must include DUS and VCU testing results);

- Minutes of the Scientific Council's meeting.

3. Within thirty days, the Crop Production Department will review and provide comments in writing on the testing results, and present them to the Ministry to establish a specialized scientific council to evaluate the testing results. Based on the conclusions of the specialized scientific council, the Crop Production Department will propose to the Minister of Agriculture and Rural Development to grant permission for trial production.

Article 9. Procedure for trial production

1. Signing a trial production contract;

Organizations and individuals with varieties approved for trial production must sign a contract with the producer and compensate for any losses caused by the variety.

2. Organizations and individuals with varieties approved for trial production must:

a) Report to the Crop Production Department and the Department of Agriculture and Rural Development where the trial production takes place about the name of the variety, location, area, and time of trial production;

b) Report progress and results of trial production to the Department of Agriculture and Rural Development where the trial production is conducted.

3. The results of trial production must include comments and evaluations from the Department of Agriculture and Rural Development where the trial production takes place.

Article 10. Scale and duration of trial production

1. Varieties proposed for recognition in a specific agro-ecological zone must undergo trial production in that zone.

2. Varieties proposed for recognition in one agro-ecological zone must have at least three representative points within that zone. For varieties proposed for recognition in multiple agro-ecological zones, there must be at least two points per zone.

3. The scale of trial production area shall not exceed the provisions set out in (Annex 6) of this Regulation.

4. Duration of trial production:

a) Number of trial production cycles: three cycles for short-season crops (of which at least two must be consecutive); two consecutive harvests for long-season crops.

b) Time limit from the start of trial production to the formal recognition application: five years for short-season crops, ten years for long-season crops; beyond these periods, the trial production results will not be recognized.

PART 3: RECOGNITION OF NEW CROP VARIETIES

Article 11. Conditions for recognizing new crop varieties:

1. The variety has undergone trial production and reached the minimum area specified in Annex 5; it has been evaluated for brown planthopper resistance, yellow leaf curl virus resistance, and rice blast resistance; the Department of Agriculture and Rural Development where the trial production took place has recommended expanding its large-scale production.

2. The new variety has a name that complies with the regulations on naming varieties.

Article 12. Procedures for Recognizing New Plant Varieties

1. Organizations and individuals with new plant varieties to be recognized shall prepare and submit an application dossier to the Crop Cultivation Department, which includes:

- A request for recognition of a new plant variety (in accordance with Appendix 7 model) - Report on the results of trial production;;

- Technical production procedures of the proposed variety;

- Written proposal from the Department of Agriculture and Rural Development where the trial production takes place;

- Minutes of the Scientific Council meeting;

- Minutes of the field conference evaluating the results of trial production;

- Opinions of other organizations and individuals

For new plant varieties proposed for recognition under scientific research projects funded by the state budget, an additional set of dossiers must be submitted to the Science and Technology Department for monitoring. - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land)..

2. Within thirty days from the date of receipt of a valid dossier, the Crop Cultivation Department will review the dossier, provide a written evaluation opinion, and present it to the Ministry to establish a specialized Scientific Council to evaluate the results of trial production.

3. The specialized Scientific Council will review the results of trial production and propose opinions on recognizing new plant varieties.

4. Based on the conclusions of the specialized Scientific Council, the Crop Cultivation Department, in collaboration with the Science and Technology Department, will present to the Minister of Agriculture and Rural Development for recognition of new plant varieties.

Article 13. Special Recognition of New Plant Varieties

1. A new plant variety may be proposed for special recognition if the testing results show that the variety is exceptionally excellent, approved by the Ministry of Agriculture and Rural Development for trial production, and after one to two harvests of trial production, it has one of the following outstanding advantages:

- Yield is at least 15% higher than the control variety;

- Quality (nutrition, sensory, export, processing...) is very good compared to the control variety;

- It possesses very good agronomic characteristics, suitable growth period for breeding purposes, resistance to pests and diseases, ability to withstand lodging, and adverse environmental conditions (drought, flooding, heat, cold, acidity, salinity...).

2. Procedures for special recognition of new plant varieties: In addition to the provisions in Clause 1 of Article 12 of this Regulation, there must also be an opinion from the Department of Agriculture and Rural Development where the special recognition trial production takes place.

SECTION 4: NAMING NEW PLANT VARIETIES

Article 14. Principles for Naming New Plant Varieties

1. Each new plant variety put into production shall have only one name in accordance with the provisions herein;

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

3. The following naming styles are not accepted:

- Consisting solely of numbers;

- Violating social ethics;

- Likely to cause confusion about the characteristics of the variety or the author's background;

- Conflicting or similar enough to cause confusion with registered trademarks or geographical indications for products.

Article 15. Procedures and Formalities for Naming Varieties

1. When submitting the recognition application dossier, organizations and individuals shall register the official variety name with the Crop Cultivation Department.

2. The Crop Cultivation Department will review the official variety name and submit it along with the recognition dossier to the Ministry.

3. The official name of a new plant variety is the name recorded in the decision recognizing the variety.

SECTION 5: ASSIGNMENT OF TASKS FOR RELATED AUTHORITIES

SECTION 5: ASSIGNMENT OF TASKS FOR RELATED AUTHORITIES

Article 16. Tasks of the Crop Production Department

1. Implementing state management functions regarding variety testing, trial production, recognition, and naming of crop varieties nationwide, with the following tasks:

- Submit to the Minister plans for developing procedures, standards, and economic-technical norms for variety testing.

- Review and submit to the Minister for recognition of testing facilities.

- Submit to the Minister for issuance of the List of major crop varieties requiring national testing. The List of major crop varieties requiring DUS testing.

- Receive and review applications for permission to conduct trial production, applications for recognition of new crop varieties, submit to the Minister for establishment of the specialized scientific council to evaluate testing results and trial production; submit to the Minister for permission to conduct trial production and recognition of new crop varieties.

- Inspect, supervise, and resolve complaints and denunciations in the fields of variety testing, trial production, recognition, and naming of new crop varieties.

2. The Central Variety Testing Center assists the Crop Production Department:

- Undertake the lead role in guiding and supervising professionally the testing facilities nationwide. Uniformly manage the names of crop varieties nationwide.

- Directly carry out testing tasks for crop species as designated by the Ministry of Agriculture and Rural Development.

Article 17. Tasks of the Science and Technology Department

1. Organize the development and submit to the Minister for issuance of procedures, standards, criteria, and norms for variety testing according to approved plans.

2. Coordinate with the Crop Production Department to monitor and assess the results of variety testing and trial production, and propose recognition of new agricultural crop varieties.

Article 18. Tasks of the Specialized Scientific Council on Crop Varieties

The specialized scientific council evaluates and advises the Minister of Agriculture and Rural Development on the recognition of new agricultural crop varieties.

Article 19. Tasks of the Department of Agriculture and Rural Development village:

1. Monitor and supervise the trial production of new crop varieties within the province's jurisdiction.

2. Evaluate the results of trial production and propose the use of new crop varieties locally.

3. Direct the resolution of disputes between organizations or individuals conducting trial production and producers (if any).

Section 6. IMPLEMENTATION PROVISIONS

Article 20. Final Provisions

During implementation, any issues or new developments should be reported in writing to the Ministry of Agriculture and Rural Development for timely consideration and resolution./.