Circular No. 26/2019/TT-BNNPTNT on seed sample retention; inspection of seed fields; sampling of propagation materials for plants; and state inspection of imported plant seeds quality.

CIRCULARAMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 16/2025/TT-BCT DATED FEBRUARY 1, 2025 OF THE MINISTER OF INDUSTRY AND TRADE ON THE OPERATION OF THE COMPETITIVE WHOLESALE ELECTRICITY MARKET

REGULATION on seed sample retention;

seed field testing, samplingplant propagation material;

state inspection of imported seed quality

 Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Crop Production dated November 19, 2018;

At the proposal of the Director of the Plant Cultivation Department;

amending and supplementing certain provisions of Circular No. 22/2019/TT-BNNPTNT dated November 30, 2019 of the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law on the management of breeds and breeding products of livestock. regulations on seed sample retention; seed field testing, sampling of plant propagation material; state inspection of imported plant propagation material quality.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the retention of seed samples when applying for Decision to recognize circulation or special recognition circulation of crop varieties; seed field testing, sampling of plant propagation material; state inspection of imported plant propagation material quality.

Article 2. Applicability

This Circular applies to domestic organizations and individuals, foreign organizations and individuals involved in activities related to the provisions set forth in Article 1 of this Circular.

Chapter II

RETENTION OF SEED SAMPLES

Article 3. Retention of seed samples for sexually propagated crop varieties

1. Prior to conducting trials for registration to recognize circulation or special recognition circulation of crop varieties, organizations and individuals submit seed samples and Technical Data Sheet of Seed Samples as prescribed in Appendix I, with the quantity of seed samples as specified in Appendix II issued together with this Circular to the organization recognized for testing distinctiveness, uniformity, and stability (hereinafter referred to as the seed sample retention organization).

2. Upon receiving the seed samples, the seed sample retention organization shall prepare a Record of Submission of Seed Samples according to the model prescribed in Appendix III issued together with this Circular; check the quality according to the National Technical Regulation on Seed Quality within twenty working days from the date of receipt of the seed samples; send information about the variety name, the organization or individual submitting the seed samples, and the seed sample retention organization to the Crop Cultivation Department for publication on its official website when the seeds meet the quality requirements. In case the seed samples do not meet the quality requirements, the organization or individual holding the seeds shall be requested to resubmit the seed samples.

3. Annually, the seed sample retention organization shall inspect the quality of the retained seed samples. The seed sample retention organization shall request the organization or individual holding the seeds to submit additional seed samples if the quality does not comply with the National Technical Regulation on Seed Quality or the remaining quantity of seed samples falls below fifty percent as specified in Appendix II issued together with this Circular. The additional seed samples submitted must meet the quality requirements of the National Technical Regulation on Seed Quality and be true-to-type.

Article 4. Retention of seed samples for asexually propagated crop varieties

1. Seed samples of asexually propagated crop varieties shall be retained at the organization or individual registering for recognition of circulation or special recognition circulation.

2. The minimum number of asexually propagated plantlets in the seed samples shall be as prescribed in the National Standard (TCVN) on testing distinctiveness, uniformity, and stability of crop varieties.

Article 5. Termination of seed sample retention

1. Terminate seed sample retention in the following cases:

a) No Decision to recognize circulation of crop varieties; Decision to recognize circulation of crop varieties or Decision to recognize special circulation of crop varieties is revoked;

b) The organization or individual holding the seeds fails to submit additional seed samples within a maximum period of six months from the date the seed sample retention organization requests.

2. The Crop Cultivation Department shall announce the termination of seed sample retention on its official website.

Chapter III

TESTING OF SEED FIELDS; SAMPLING OF PLANT

PROPAGATION MATERIAL

Article 6. Training on seed field inspection and sampling of propagation materials

1. Seed field inspectors and samplers of propagation materials must be trained and issued with a Certificate of Training for Seed Field Inspection and Sampling of Propagation Materials (hereinafter referred to as the Certificate).

2. The training content on seed field inspection and sampling of propagation materials includes: legal regulations on the management of crop seed quality; methods of seed field inspection and sampling of propagation materials according to TCVN standards; practical implementation of seed field inspection and sampling of propagation materials.

3. The Crop Production Department shall develop and issue a framework document on training for seed field inspection and sampling of propagation materials; coordinate with organizations having the function of training in seed field inspection and sampling of propagation materials to organize training.

4. Organizations having the function of training in seed field inspection and sampling of propagation materials shall base their detailed documents on the framework document issued by the Crop Production Department, organize training for seed field inspection and sampling of propagation materials, issue Certificates according to the model prescribed in Appendix IV attached hereto, and report to the Crop Production Department the list of persons who have been issued Certificates within three working days from the date of issuance of the Certificate.

Chapter IV

STATE INSPECTION

ON THE QUALITY OF IMPORTED CROP SEEDS

Article 7. Inspection Objectives

Imported crop seeds belonging to major crop species listed in the Product List Group 2 issued by the Minister of Agriculture and Rural Development for production and trade purposes, except for cases stipulated in points a, b, c, and d of Clause 3, Article 29 of the Planting Law.

Article 8. State Inspection Regulations on the Quality of Imported Crop Seeds

1. State inspection on the quality of imported crop seeds is carried out through the assessment and certification of conformity of imported seed lots by conformity certification organizations designated by the Crop Production Department.

2. Organizations and individuals importing crop seeds shall register for conformity certification with conformity certification organizations for crop seed quality designated by the Crop Production Department; submit the Certificate of Conformity for imported seed lots to customs authorities to obtain clearance for goods.

Article 9. Handling of Imported Seed Lots Not Meeting Quality Standards

In case imported crop seed lots do not meet National Technical Regulations, the conformity certification organization shall report and propose handling measures to the Crop Production Department. Depending on the nature and severity of the violation, the Crop Production Department shall decide to re-export, destroy, or recycle the imported crop seed lots, while simultaneously informing the customs authority for coordinated handling and the importer for implementation.

Chapter V

IMPLEMENTATION

Article 10. Responsibilities of the Crop Production Department

1. Implement this Circular throughout the country. Manage activities related to seed sample retention; seed field inspection and sampling of propagation materials; state inspection on the quality of imported crop seeds.

2. Publish on the Crop Production Department's electronic portal information on retained seed samples as prescribed in Clause 2, Article 3, and Clause 2, Article 5; lists of persons issued Certificates as prescribed in Clause 4, Article 6 of this Circular.

3. Issue a framework document on training for seed field inspection and sampling of propagation materials.

4. Organize inspections, checks, and resolution of complaints and denunciations related to seed sample retention, sampling of propagation materials, seed field inspection, and state inspection on the quality of imported crop seeds in accordance with the provisions of the law.

Article 11. Responsibilities of the Department of Agriculture and Rural Development

1. Implement this Circular within its jurisdiction. Conduct inspections, examinations, and supervision of self-retention samples by organizations and individuals; coordinate to handle imported plant varieties that do not meet quality requirements within its jurisdiction.

2. Take the lead and coordinate with sample retention organizations to complete the variety description according to the TCVN standard for testing distinctness, uniformity, and stability for specially recognized circulating plant varieties.

Article 12. Responsibilities of Related Organizations and Individuals

1. Organizations and individuals retaining samples shall be responsible for:

a) Retaining plant variety samples in accordance with the provisions of this Circular;

b) Providing plant variety samples to state management agencies for inspection, examination, and resolution of disputes over plant varieties; ensuring consistency between retained samples and those provided to state management agencies;

c) Coordinating with the Department of Agriculture and Rural Development where the specially recognized circulating plant variety is located to complete the variety description according to the TCVN standard for testing distinctness, uniformity, and stability.

2. Organizations and individuals with retained samples shall be responsible for providing plant variety samples to sample retention organizations and organizations conducting value cultivation and utilization tests to ensure consistency with retained samples.

3. Organizations and individuals importing plant varieties shall be responsible for:

a) Providing customs declaration forms and certificates of origin of the variety lot to quality conformity certification organizations; coordinating with conformity assessment organizations to take samples and certify the conformity of imported variety lots;

b) Implementing decisions made by the Crop Production Department regarding imported variety lots that do not meet quality standards.

Chapter VI

IMPLEMENTING PROVISIONS

Article 13. Transitional Provisions

Certificates of training on seed plot testing and plant variety sampling issued before the effective date of this Circular shall have equivalent value to certificates of training on seed plot testing and plant propagation material sampling in accordance with the provisions of this Circular.

Article 14. Effective Date

1. This Circular takes effect from December 10, 2020.

2. This Circular abolishes the following provisions:

a) The provisions regarding seed inspectors and sample collectors set forth in Clause 4, Clause 8, Clause 11, Clause 16, and Clause 17, Article 5 of Circular No. 17/2011/TT-BNNPTNT dated April 6, 2011, issued by the Minister of Agriculture and Rural Development amending, supplementing, and abolishing certain administrative procedures in the crop production sector pursuant to Resolution No. 57/NQ-CP dated December 15, 2010, of the Government.

b) The provisions regarding "the conformity certification certificate for imported variety lots issued by certification organizations or the results of assessments by designated organizations being the basis for customs authorities to clear imported variety lots" set forth in Point a, Clause 1, Article 4 and Point b, Clause 2, Article 7 of Circular No. 46/2015/TT-BNNPTNT dated December 15, 2015, issued by the Minister of Agriculture and Rural Development concerning conformity certification and public announcement of conformity for plant varieties.

3. During implementation, if there are any difficulties, organizations and individuals shall promptly report them to the Ministry of Agriculture and Rural Development for research and resolution./.