Decree No. 27/2021/NĐ-CP On the management of forestry tree seedlings

DECREE

On the management of forestry tree planting seeds

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Forestry Law dated November 15, 2017;

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

The Government promulgates the Decree on the management of forestry tree planting seeds.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management of forestry tree planting seeds, including: conservation of genetic resources; research, selection, creation, testing of seeds; labeling and naming of forestry tree planting seeds; quality management of forestry tree planting seeds; production, business, export, and import of forestry tree planting seeds.

Article 2. Applicability

This Decree applies to organizations and individuals inside and outside Vietnam who engage in activities related to the contents specified in Article 1 of this Decree within the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

1. Forestry tree planting seed is a population of forestry trees that can be distinguished from other populations of forestry trees through the expression of at least one characteristic and genetically passed to subsequent generations; uniform in morphology, stable across breeding cycles; having cultivation value and usage value.

2. Original forestry tree planting seed is the seed reproduced for the first time from superior trees, parent trees of a recognized variety or regenerated variety (including: seed, tuber, root, stem, scion, bud, tissue culture plantlet, or young plant) used as propagation material or to establish seed gardens, seed forests.

3. Regenerated variety is the variety reproduced from selected superior trees or parent trees of a recognized variety and subjected to technical measures to maintain and restore initial characteristics of the original variety, overcoming degeneration and decline in productivity and quality.

4. Main species of forestry tree planting is the widely planted forestry tree species with significant importance in economic development and environmental protection, requiring strict management.

5. Propagation material of forestry tree planting is a tree or part of a tree capable of developing into a new tree, used for propagation or planting.

6. Testing of forestry tree planting seeds is the activity of monitoring and evaluating indicators to determine the distinctness, uniformity, stability, cultivation value, and usage value of forestry tree planting seeds according to a specific method.

7. Origin testing of forestry tree planting seeds is comparative testing of origins of a species under certain site conditions to select desired traits.

8. Post-generation testing of forestry tree planting seeds is comparative testing of the next generation of selected superior trees and evaluation to select superior trees capable of transmitting desired characteristics to subsequent generations.

9. Clonal line testing of forestry tree planting seeds is testing to evaluate clonal lines compared to existing varieties or commonly planted varieties in the locality.

10. Distinctness of forestry tree planting seeds is the clear distinguishability of a variety from other known varieties of forestry tree planting seeds.

11. Uniformity of forestry tree planting seeds is the consistent expression of related traits of a variety of forestry tree planting seeds, except for permissible deviations for specific traits during the breeding process.

12. Stability of forestry tree planting seeds is the consistent expression of related traits as initially described, not changing after each breeding cycle.

Article 4. Principles for managing forestry crop seeds

1. Strict chain management shall be implemented for main species of forestry tree planting seeds, encouraged for other forestry tree planting seeds, to ensure traceability and improve seed quality.

2. Organizations and individuals are protected in their rights over forestry tree planting seeds in accordance with laws on intellectual property.

3. Organizations and individuals are responsible for the quality of forestry tree planting seeds researched, selected, created, produced, and traded in accordance with the law.

4. Encouraging socialization of activities related to forestry crop seeds.

5. Application of science and technology in research, selection, creation, production, preservation of forestry tree planting seeds, and seed management activities.

Article 5. State policy on forestry tree seedling activities

1. The State shall invest in the following activities:

a) Statistics, surveys, establishment of databases on forestry tree seedlings; market information and forecasting; development strategy for forestry tree seedlings; setting standards and technical regulations for forestry tree seedlings;

b) Construction and upgrading of infrastructure and equipment for public scientific and technological organizations to serve research on policies and basic research in the field of forestry tree seedlings;

c) Scientific and technological activities as stipulated in point c and point d Clause 2 Article 6 of this Decree.

2. Within each period and within the capacity of the state budget, the State shall support the following activities:

a) Scientific and technological activities as stipulated in point d Clause 2 Article 6 of this Decree;

b) Application of advanced quality management systems, certification activities for forestry tree seedlings;

c) Preservation, production, and supply of original forestry tree seedlings; rejuvenation of original seedlings; production of specialty forestry tree seedlings and indigenous forestry tree seedlings; maintenance of parent trees; protection and development of parent tree gardens, seedling forests, and seedling nurseries; import of new seedlings, transfer of rights to forestry tree seedlings;

d) Training human resources; transfer of scientific and technological progress in forestry tree seedling activities.

3. The State encourages organizations and individuals to invest in the activities stipulated in Clause 1 and Clause 2 of this Article and the following activities:

a) Cooperation and linkage in research and development, business, provision of technical services, technology transfer, and activities related to forestry tree seedlings;

b) Organizations and individuals participating in providing public products and services in the field of forestry tree seedlings according to the provisions of the law;

c) Insurance for production and business of forestry tree seedlings.

4. Sources of funds: State budget, non-state budget sources (credit; from organizations and individuals; international support, etc.) as prescribed by law.

Article 6. Scientific and technological activities on forestry tree seedlings

1. Scientific and technological activities in the field of forestry tree seedlings shall be carried out in accordance with this Decree, laws on science and technology, and technology transfer.

2. Scientific and technological activities in the field of forestry tree seedlings that the State invests in or supports investment include:

a) Research on mechanisms and policies for forestry tree seedlings; selection and creation of high-quality forestry tree seedlings resistant to pests and diseases and adaptable to climate change, protecting the environment;

b) Collection, preservation, conservation, and exploitation of rare and valuable genetic resources of forestry tree seedlings, specialty forestry tree seedlings, and indigenous forestry tree seedlings; establishment of a gene bank for forestry tree seedlings;

c) Research and development and application of advanced and new technologies for forestry tree seedlings.

Chapter II
MANAGEMENT OF FORESTRY PLANTING SEEDS

Section 1
CONSERVATION OF FORESTRY TREE SEEDLING GENETIC RESOURCES

Article 7. Surveying, collecting, and evaluating genetic resources of forestry tree seedlings

1. Investigation and collection of genetic resources of forestry crop seeds:

a) The Ministry of Agriculture and Rural Development shall commission organizations and individuals with the necessary capabilities and appropriate conditions to conduct surveys and collect genetic resources of forestry tree seedlings based on actual needs and conditions; localities shall conduct surveys and collect genetic resources of forestry tree seedlings within their jurisdiction based on actual needs and conditions;

b) Genetic resources of forestry tree seedlings shall be collected in the form of seeds, seedlings, cuttings, or genetic materials of forestry tree seedlings depending on the species;

c) Results of surveying and collecting genetic resources of forestry tree seedlings must be documented and clearly describe relevant information such as location, time, type of sample, quantity, and method of collection.

2. Evaluation of genetic resources of forestry crop seeds:

a) The Ministry of Agriculture and Rural Development shall commission organizations and individuals with the necessary capabilities to evaluate genetic resources of forestry tree seedlings; localities shall evaluate genetic resources of forestry tree seedlings they have surveyed and collected;

b) Evaluation of genetic resources of forestry tree seedlings includes: decoding genetic activities; evaluation of genetic diversity, silvicultural characteristics, biological features, and utilization value of genetic resources of forestry tree seedlings.

Article 8. Preservation and establishment of forestry plant genetic seed banks

1. Genetic resource preservation

Forestry plant genetic resources shall be preserved in the following forms:

a) In-situ preservation means preserving within the natural distribution range of the forestry plant species;

b) Ex-situ preservation means preserving outside the natural distribution range of the forestry plant species, in a gene bank (in cold storage, in liquid nitrogen or other suitable preservation methods when new technology is available); or in vitro; or in botanical gardens, plant collection gardens, seedling forests, seedling gardens.

2. The forestry plant genetic seed bank includes:

a) Seed bank: Preserving dry seeds at appropriate temperatures;

b) Tissue-cell bank: Preserving buds, primary cells, embryos, and meristematic tissues through the application of specific light and temperature regimes in suitable nutrient environments;

c) Pollen bank: Preserving pollen using various techniques;

d) Field bank: Preserving genetic material in the form of complete individuals on-site.

3. The national forestry plant genetic seed bank shall be established by the Vietnam Forest Science Institute; organizations and individuals responsible for conserving genetic resources shall establish forestry plant genetic seed banks according to their needs and conditions.

Article 9. Genetic resource data of forestry plant varieties

1. Genetic resource data of forestry plant varieties shall be established by organizations and individuals directly and relatedly implementing as prescribed in Articles 7 and 8 of this Decree.

2. Genetic resource data of forestry plant varieties shall be stored in the form of survey forms, description forms, evaluation forms, specimens, drawings, distribution maps, photographs, publications, textual or digitized databases.

3. Genetic resource data of forestry plant varieties shall be kept by organizations and individuals performing the task of conserving genetic resources; the Vietnam Forest Science Institute shall store national genetic resource data of forestry plant varieties.

4. Sharing of genetic resource data of forestry plant varieties shall be carried out in accordance with the provisions of the law.

Section 2
RESEARCH, SELECTION, CREATION, AND TESTING OF FORESTRY PLANT VARIETIES

Article 10. Name of forestry plant variety

1. The name of a forestry plant variety shall not be accepted in the following cases:

a) Consisting solely of numerals;

b) Violating historical traditions, culture, ethics, and local customs of the nation;

c) Matching the pronunciation or spelling of the names of national leaders, national heroes, celebrities, food products, beverages, medicines;

d) Using the name of state agencies, people's armed units, political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations as the entire or part of the specific name of the forestry plant variety, except where approved by the relevant agency, organization, or unit;

e) Likely to cause misunderstanding about the characteristics of that variety;

f) Likely to cause misunderstanding about the identity of the author;

g) Matching the name of a forestry plant variety already protected.

2. Organizations and individuals producing, trading, exporting, importing forestry plant varieties and propagation materials must use the correct name of the forestry plant variety as recognized by the competent authority.

3. When using the name of a forestry plant variety together with trademarks, trade names, or similar indicators to produce and trade, such names must be easily recognizable.

Article 11. Research, selection, and creation of forestry crop varieties

1. Research, selection, and creation of forestry crop varieties shall be carried out in accordance with the current laws.

2. Priority shall be given to research, collection, preservation, conservation, and exploitation of rare and valuable forestry crop varieties, indigenous forestry crop varieties; establishment of a gene bank for forestry crop varieties; development and application of advanced technologies, new technologies in selection, creation, propagation, and storage of forestry crop varieties adaptable to climate change.

Article 12. Conditions for testing grounds for forestry crop varieties

1. The person directly conducting the tests must have a bachelor's degree or higher in one of the fields related to forestry, crops, or biology.

2. There must be locations, infrastructure, and equipment suitable according to the national standards for testing forestry crop varieties set forth in Appendix I attached to this Decree.

Article 13. Testing of forestry crop varieties

1. Objects of testing: Forestry crop varieties selected and created domestically; imported forestry crop varieties for the first time, not yet recognized, and not included in the list of alien invasive species or alien species with potential invasiveness as prescribed by law.

2. Methods of testing: Origin testing, progeny testing, clonal testing shall be conducted in accordance with the national standards for testing set forth in Appendix I attached to this Decree.

3. Content of testing: Testing evaluates distinctness, uniformity, and stability; testing evaluates agronomic value and utility of forestry crop varieties according to the national standards for testing set forth in Appendix I attached to this Decree.

4. Organizations and individuals meeting the conditions stipulated in Article 12 of this Decree are permitted to test forestry crop varieties.

5. The Ministry of Agriculture and Rural Development shall evaluate the results of the testing to recognize forestry crop varieties.

Article 14. General requirements for testing forestry crop varieties

1. Testing of forestry crop varieties shall be conducted regionally. A forestry crop variety tested in a particular region will be granted a recognition decision for development in that region and similar ecological areas.

2. The methods of testing forestry crop varieties are defined in the national standards for testing methods set forth in Appendix I attached to this Decree.

3. Genomic sequencing methods may replace distinctness testing methods to verify the accuracy of the variety.

4. Prior to testing genetically modified forestry crop varieties, risk assessment must be conducted in accordance with the law on biodiversity.

Article 15. Rights and obligations of organizations and individuals researching, selecting, and creating forestry crop varieties

1. Organizations and individuals researching, selecting, and creating forestry crop varieties have the following rights:

a) To invest in researching, selecting, and creating forestry crop varieties; to investigate, assess, collect, preserve, and exploit domestic or imported propagation materials for researching, selecting, and creating forestry crop varieties in accordance with the law;

b) To enjoy state support policies for investment in science and technology, special policies for the field and region as prescribed by law;

c) To cooperate with domestic and foreign organizations and individuals to research, select, and create forestry crop varieties in accordance with the law.

2. Organizations and individuals researching, selecting, and creating forestry crop varieties have the following obligations:

a) To fully comply with the provisions of the law on science and technology and other relevant laws;

b) When transferring forestry crop varieties, they must comply with the provisions of the law on technology transfer;

c) To comply with the provisions of the law on biodiversity and other relevant laws when conducting research, selection, creation, experimentation, and testing of genetically modified forestry crop varieties.

Section 3
MANAGEMENT OF QUALITY OF FORESTRY PLANTING MATERIAL VARIETIES

Article 16. General Requirements for the Management of Forestry Planting Material Quality

1. The management of forestry planting material quality shall be carried out in accordance with the provisions of this Decree and laws on product and commodity quality.

2. For major forestry planting materials: Only planting materials and sources thereof that have been recognized may be put into production and business.

3. The quality of forestry planting materials shall be managed based on national standards and basic standards concerning forestry planting materials.

Article 17. Requirements for the Quality of Major Forestry Planting Materials

1. For seed lots: They must be harvested from recognized sources still within their validity period; the seed quality must meet the national standard for seeds set forth in Appendix I attached to this Decree.

2. For plantlets in test tubes: They must be produced from recognized planting materials, ensuring quality according to the national standard for tissue culture plantlets set forth in Appendix I attached to this Decree.

3. For cuttings, grafts, and buds: They must be taken from recognized mother plants or superior trees still within their validity period, ensuring quality according to the national standard for cuttings, grafts, and buds set forth in Appendix I attached to this Decree.

4. For planting material lots: They must be produced from plantlets in test tubes or seeds harvested from recognized sources still within their validity period, ensuring quality according to the national standard for planting materials set forth in Appendix I attached to this Decree.

5. Forestry planting materials specified in Clauses 1, 2, 3, and 4 of this Article shall be managed according to basic standards when there are no national standards available.

Article 18. Documentation for Forestry Planting Materials

1. Organizations and individuals producing and trading in forestry planting materials must establish and retain the following documentation:

a) For seed lots: A list of forestry planting materials according to Model No. 01/LN in Appendix II issued together with this Decree; a copy of the decision recognizing the source of planting materials; sales invoices, clearly indicating the quantity of seeds and the code number of the source from which the seeds were harvested;

b) For plantlets in test tubes: A list of forestry planting materials according to Model No. 02/LN in Appendix II issued together with this Decree; a copy of the decision recognizing the planting material or a purchase contract for planting material; sales invoices, clearly indicating the number of tissue culture plantlets and the name and code number of the planting material produced;

c) For cuttings, grafts, and buds: A list of forestry planting materials according to Model No. 03/LN in Appendix II issued together with this Decree; a copy of the decision recognizing the source of planting materials or a purchase contract for propagation materials; sales invoices, clearly indicating the quantity of cuttings, grafts, and buds and the name and code number of the source of planting materials;

d) For planting material lots: A list of forestry planting materials according to Model No. 04/LN in Appendix II issued together with this Decree; other related documents of the origin of propagation materials used to produce planting materials (financial invoices, delivery orders, decisions recognizing the source of planting materials);

đ) For planting materials not included in the list of major forestry planting materials, it is not mandatory to have a recognition decision for planting materials or sources of planting materials as stipulated in points a, b, and c of this clause.

2. Organizations and individuals are responsible under the law for the accuracy of the origin of forestry planting materials listed in the documentation.

Article 19. Labeling and Advertising of Forestry Plant Varieties

1. Labeling of forestry plant varieties shall be carried out in accordance with the provisions of Government Decree No. 43/2017/NĐ-CP dated April 14, 2017 on product labeling and the contents of labels as follows:

a) For seed: Species name (scientific name); seed weight; date of completion of processing; shelf life; place of collection; storage method; name and address of the production facility;

b) For tissue culture bottles: Species name (scientific name); variety name; recognized variety code; production batch: Date, month, year; name and address of the production facility; planting period (from the date of seedling release to the last day allowed for use);

c) For other types of seeds that are not labeled but must have a file as prescribed in Article 18 of this Decree.

2. Advertising of Forestry Plant Varieties

a) Advertising of forestry plant varieties that have been recognized according to the regulations on advertising under the law is permitted.

b) The content of advertising of forestry plant varieties must be consistent with the content in the decision recognizing forestry plant varieties and the decision recognizing forestry plant variety sources.

3. In cases where forestry plant varieties are imported for exhibition or trade fairs, advertising must be conducted in accordance with the content of the permit for importing forestry plant varieties issued by the competent authority.

Article 20. Announcement of Compliance with Standards of Forestry Plant Varieties

Organizations and individuals producing forestry plant varieties must announce the standards of forestry plant varieties produced by themselves in accordance with national standards or enterprise standards in cases where there are no national standards.

Section 4
PRODUCTION AND BUSINESS OF FORESTRY TREE SEEDS

Article 21. Conditions for Organizations and Individuals Producing and Trading in Forestry Plant Varieties

1. Organizations and individuals producing forestry plant varieties must meet the following conditions:

a) Possess or lease locations, infrastructure, and equipment in accordance with national standards on methods of producing forestry plant varieties; in cases where there are no national standards, enterprise standards shall be applied;

b) Produce varieties of forestry plants using propagation materials from recognized varieties or sources.

2. Organizations and individuals trading in forestry plant varieties must meet the following conditions:

a) Have a legitimate transaction location;

b) Have files ensuring traceability of the variety batch, including: Information about purchase and sale contracts for the variety batch; files and labels complying with the provisions of Articles 18 and 19 of this Decree; information about the propagation materials used, announced standards, quantity, and time of delivery and receipt.

3. Before producing and trading in forestry plant varieties, organizations and individuals are responsible for sending notifications via email or directly or through postal services to the Department of Agriculture and Rural Development at their respective locations with the following information: Transaction address, name of the owner of the facility or legal representative, contact phone number to be published on the Department of Agriculture and Rural Development's electronic portal.

Article 22. Production and Trading in Forestry Plant Varieties

1. Production of forestry plant varieties shall be carried out using sexual propagation methods and asexual propagation methods in accordance with national standards on producing forestry plant varieties; in cases where there are no national standards, enterprise standards shall be applied.

2. Production of forestry plant varieties through tissue culture must use propagation materials from original varieties or regenerated varieties; original varieties or regenerated varieties must be regenerated again after two years of use in accordance with national standards on regenerating varieties.

3. Organizations and individuals are solely responsible for the quantity and quality of forestry plant varieties they produce and trade.

4. Organizations and individuals trading in forestry plant varieties are responsible for handing over related files concerning the variety batch to customers in accordance with Clause 1 of Article 18 of this Decree when selling them for use during transportation, circulation, and utilization of the varieties.

Article 23. Rights and Obligations of Organizations and Individuals Producing and Trading in Forestry Planting Materials

1. Organizations and individuals producing and trading in forestry planting materials have the right to produce and trade in forestry planting materials when they meet the conditions prescribed in Article 21 of this Decree.

2. Organizations and individuals producing and trading in forestry planting materials shall fulfill the following obligations:

a) Comply fully with the provisions of Article 21 of this Decree;

b) Implement declarations in accordance with standards and technical regulations corresponding to the products produced and traded, as prescribed by law;

c) Recall and handle forestry planting materials that do not ensure quality when circulating on the market;

d) Compensate for losses in accordance with the provisions of law;

đ) Provide evidence material regarding the origin of forestry planting materials, traceability documentation for batches of forestry planting materials;

e) Label forestry planting materials in accordance with Clause 1 of Article 19 of this Decree;

g) Report the results of production and trading in forestry planting materials upon request of state management agencies responsible for forestry at the local level.

Article 24. Rights and Obligations of Organizations and Individuals Using Forestry Planting Materials

1. Organizations and individuals using forestry planting materials have the following rights:

a) To be provided with full information and guidance on the use of forestry planting materials;

b) To be compensated for damages as prescribed by law;

c) To make recommendations, complaints, denunciations, and lawsuits against violations of law by organizations and individuals who violate the law, as prescribed by law.

2. Organizations and individuals using forestry planting materials shall fulfill the following obligations:

a) To comply with the production procedures and usage instructions for forestry planting materials published or guided by the organizations and individuals providing forestry planting materials;

b) To promptly report incidents or adverse effects caused by forestry planting materials to the organizations and individuals providing forestry planting materials and local authorities for handling.

Section 5
EXPORTING AND IMPORTING FORESTRY PLANTING MATERIALS

Article 25. Exporting Forestry Planting Materials

1. The export of forestry planting materials listed in the Catalogue of Endangered, Precious, and Rare Forest Plants and Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) shall be carried out in accordance with the laws on managing endangered, precious, and rare forest plants and implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

2. Recognized forestry planting materials may be exported in accordance with the laws on commerce and foreign trade management.

3. Unrecognized forestry planting materials may be exported for research, testing, advertising, exhibitions, and international exchanges without commercial purposes and must be granted a Permit by the Ministry of Agriculture and Rural Development.

4. The application dossier for a Permit to export forestry planting materials includes:

a) A written request for a Permit to export forestry planting materials according to Model No. 05/LN Appendix II issued together with this Decree;

b) The original pedigree of the forestry planting materials proposed for export (each variety only needs to be submitted once during the first export) according to Model No. 07/LN Appendix II issued together with this Decree;

c) In addition to the documents specified in points a and b of this clause, organizations and individuals must attach one of the following documents:

A copy of the cooperation agreement in a foreign language accompanied by a certified translation into Vietnamese for cases of export for research, testing, and international cooperation;

A confirmation letter or invitation letter from the organizing unit for cases of export for participation in fairs and exhibitions.

5. Implementation Procedure

a) Organizations and individuals submit one set of application dossier directly or send it through postal services or electronic environment or through the national single window portal to the Ministry of Agriculture and Rural Development.

In case of direct submission or through postal services: Within no more than one working day from the date of receipt of the dossier, the Ministry of Agriculture and Rural Development will examine the completeness of the dossier components; if the dossier is incomplete according to the regulations, a written notice must be given to the organization or individual to complete it.

In case of submission through electronic environment or the national single window portal: Within no more than one working day from the date of receipt of the dossier, the Ministry of Agriculture and Rural Development will examine the completeness of the dossier components; if the dossier is incomplete according to the regulations, a written notice must be given to the organization or individual to complete it.

b) Within five working days from the date of receipt of a valid dossier, the Ministry of Agriculture and Rural Development will review and issue a Permit to export forestry planting materials according to Model No. 08/LN Appendix II issued together with this Decree; if the Permit is refused, a written response must be given with clear reasons.

6. The validity period of the Permit to export does not exceed twelve months from the date of issuance.

7. In case the Permit to export forestry planting materials is lost or damaged, organizations and individuals can reapply for a Permit to export forestry planting materials through the following procedures:

a) Organizations and individuals submit a written request for a replacement Permit to export forestry planting materials according to Model No. 06/LN Appendix II issued together with this Decree directly or send it through postal services or electronic environment or through the national single window portal to the Ministry of Agriculture and Rural Development;

b) Within three working days from the date of receipt of the written request for a replacement Permit to export forestry planting materials, the Ministry of Agriculture and Rural Development will consider issuing a replacement Permit to export forestry planting materials; if the Permit is refused, a written response must be given with clear reasons.

Article 26. Import of Forestry Planting Materials

1. The importation of forestry planting materials listed in the Catalogue of Precious and Rare Forest Plants in Danger of Extinction and Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) shall be carried out in accordance with the laws on the management of precious and rare forest plants and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

2. Forestry planting materials that have been recognized may be imported in accordance with the laws on trade and foreign trade management.

3. Forestry planting materials that have not been recognized and do not belong to the List of Invasive Alien Species and Alien Species Potentially Invasive as prescribed by law may be imported for research, trial cultivation, ornamental purposes, shade trees, international cooperation, participation in exhibitions, as gifts, or to implement investment programs and projects upon approval by the Ministry of Agriculture and Rural Development.

4. The application dossier for the issuance of an import permit for forestry planting materials includes:

a) A request for issuance of an import permit for forestry planting materials according to Model No. 05/LN attached as Appendix II to this Decree;

b) An original pedigree of the forestry planting materials proposed for import (each variety only needs to be submitted once when importing for the first time) according to Model No. 07/LN attached as Appendix II to this Decree;

c) In addition to the documents specified in points a and b of this clause, organizations and individuals must attach one of the following documents:

Original or certified copy of technical design for variety testing and trial planting for import for testing and trial planting;

A certified true copy of the foreign language cooperation agreement accompanied by a notarized translation into Vietnamese in the case of import under a cooperation agreement;

An original or certified copy of the confirmation letter or invitation to participate in a fair or exhibition in Vietnam in the case of import for participation in a fair or exhibition;

A certified copy of the foreign language confirmation letter between both parties accompanied by a notarized translation into Vietnamese in the case of import for gift purposes;

A certified copy of the approval or consent document for an investment program or project issued by a competent state agency or approved by the enterprise in accordance with the law in the case of import for implementing investment programs and projects.

5. Implementation Procedure

a) Organizations and individuals submit one set of the dossier directly, through postal services, via electronic environment, or through the National Single Window Portal to the Ministry of Agriculture and Rural Development;

In the case of direct submission or through postal services: Within no more than one working day from the date of receipt of the dossier, the Ministry of Agriculture and Rural Development will examine the completeness of the dossier components; if the dossier is incomplete as required, a written notice must be given to the organization or individual to complete it;

In the case of submission through electronic environment or through the National Single Window Portal: Within no more than one working day from the date of receipt of the dossier, the Ministry of Agriculture and Rural Development will examine the completeness of the dossier components; if the dossier is incomplete as required, a written notice must be given to the organization or individual to complete it;

b) Within five working days from the date of receipt of a valid dossier, the Ministry of Agriculture and Rural Development will review and issue an import permit for forestry planting materials according to Model No. 08/LN attached as Appendix II to this Decree; in the case of refusal to issue the permit, a written response must be provided with clear reasons stated.

6. The validity period of the import permit does not exceed twelve months from the date of issuance.

7. In the event that the import permit for forestry planting materials is lost or damaged, the organization or individual who received the permit may apply for a replacement permit for the import of forestry planting materials according to the following procedures and formalities:

a) The organization or individual sends a request for issuance of a replacement import permit for forestry planting materials according to Model No. 06/LN attached as Appendix II to this Decree directly, through postal services, via electronic environment, or through the National Single Window Portal to the Ministry of Agriculture and Rural Development;

b) Within three working days from the date of receipt of the request for issuance of a replacement import permit for forestry planting materials, the Ministry of Agriculture and Rural Development will issue a replacement import permit for forestry planting materials; in the case of refusal to issue the permit, a written response must be provided with clear reasons stated.

Chapter III
IMPLEMENTATION

Article 27. Responsibilities of Ministries and Ministries Equivalent to Ministries

1. Responsibilities of the Ministry of Agriculture and Rural Development

a) Directing and guiding the implementation of state management tasks regarding forest tree seedlings;

b) Building scientific and technological tasks on research, selection, and creation of new forest tree seedlings that meet the requirements of each stage with the aim of increasing productivity and quality of forests;

c) Building national technical standards and production procedures in the field of forest tree seedlings in accordance with regulations;

d) Building a system of seedling databases for forest trees; implementing statistical reporting systems on forest tree seedlings;

đ) Organizing research and application of science and technology; investigating, collecting, managing information and materials, and international cooperation in the field of forest tree seedlings;

e) Directing and organizing inspections, checks, complaints resolution, and handling violations of laws related to forest tree seedlings within their authority.

2. Ministries and ministries equivalent to ministries, within the scope of their tasks and powers, shall be responsible for coordinating with the Ministry of Agriculture and Rural Development to implement state management tasks regarding forest tree seedlings.

Article 28. Responsibilities of Provincial People's Committees

1. Directing and organizing the implementation of regulations on the management of forest tree seedlings within their jurisdiction; guiding and inspecting production procedures suitable to local conditions.

2. Proposing and ordering scientific and technological tasks on forest tree seedlings that meet the needs of socio-economic development of the locality at each stage.

3. Organizing propaganda, dissemination, legal education, and training knowledge about forest tree seedlings.

4. Updating databases and information; implementing statistical reporting systems on forest tree seedlings within their jurisdiction into the forest tree seedling database system of the Ministry of Agriculture and Rural Development.

5. Directing inspections, checks, complaints resolution, and handling violations of laws related to forest tree seedlings within their authority.

Chapter IV
IMPLEMENTING PROVISIONS

Article 29. Effective Date

1. This Decree takes effect from May 15, 2021.

2. National standards cited in this Decree, when amended, supplemented, or replaced, shall be applied according to the amended, supplemented, or replaced documents.

3. This Decree abolishes the provisions in the following documents:

a) Clause 1 and Clause 13 of Article 3, Article 7, Article 14, Article 15, Article 16, Article 17 of Circular No. 30/2018/TT-BNNPTNT dated November 16, 2018 issued by the Minister of Agriculture and Rural Development on the List of Major Forest Tree Species; Recognition of Varieties and Sources of Seedlings; Management of Major Forest Tree Seed Materials;

b) Article 4 of Circular No. 43/2018/TT-BNNPTNT dated December 28, 2018 issued by the Minister of Agriculture and Rural Development on some contents regarding export and import of plant and animal seeds, germplasm of plants; import of plant protection chemicals and import of objects listed in the Plant Quarantine Objectives Subject to Risk Analysis Before Importation into Vietnam.

Article 30. Transitional Provisions

1. Labels of forest tree seedlings and packaging with labels produced and printed before the effective date of this Decree may continue to be used but not exceeding twelve months from the date of its effectiveness.

2. Export and import documents of forest tree seedlings received from organizations and individuals before the effective date of this Decree shall be implemented according to the provisions of Circular No. 43/2018/TT-BNNPTNT dated December 28, 2018 issued by the Minister of Agriculture and Rural Development on some contents regarding export and import of plant and animal seeds, germplasm of plants; import of plant protection chemicals and import of objects listed in the Plant Quarantine Objectives Subject to Risk Analysis Before Importation into Vietnam.

Article 31. Responsibility for Implementation

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

2. Ministers, Heads of Ministries Equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees, and relevant agencies, organizations, and individuals are responsible for implementing this Decree./.

Appendix I

LIST OF NATIONAL STANDARDS ON FOREST TREE SEEDLINGS

(Attached to Decree No. 27/2021/NĐ-CP dated March 25, 2021 of the Government)

_____________________

Seal Registration Certificate

FORMS FOR MANAGEMENT, EXPORT AND IMPORT OF FOREST PLANTATION SEEDLINGS

(Attached to Decree No. 27/2021/NĐ-CP dated March 25, 2021 of the Government)

__________________

Form No. 01/LN

SOCIALIST REPUBLIC OF VIET NAM

Independence – Freedom – Happiness

________________________

LIST OF FOREST PLANTATION SEEDLINGS

(For seed lots)

__________

Name of owner of forest plantation seedlings

Address Phone number:

Decision recognizing the source of seedlings:

Source code

Form No. 02/LN

SOCIALIST REPUBLIC OF VIET NAM

Independence – Freedom – Happiness

________________________

LIST OF FOREST PLANTATION SEEDLINGS

(For tissue culture plants)

_________

Name of owner of forest plantation seedlings

Address Phone number:

Decision recognizing the variety:

Recognized variety code

Form No. 03/LN

SOCIALIST REPUBLIC OF VIET NAM

Independence – Freedom – Happiness

________________________

LIST OF FOREST PLANTATION SEEDLINGS

(For cuttings, grafts, buds)

_______________

Name of cutting material owner

Address ...Phone number: ...

Decision recognizing the source of seedlings:

Source code

Form No. 04/LN

SOCIALIST REPUBLIC OF VIET NAM

Independence – Freedom – Happiness

________________________

LIST OF FOREST PLANTATION SEEDLINGS

(For seedling lots)

__________

Name of owner of forest plantation seedlings

Address Phone number:

Decision recognizing the variety or source:

Recognized variety or source code

Form No. 05/LN

REQUEST FOR ISSUANCE OF EXPORT/IMPORT PERMIT

FORESTRY SEEDLINGS

___________

To: Ministry of Agriculture and Rural Development

- Organization or individual requesting issuance of Export/Import Permit:

- Business Registration Certificate number or Investment Certificate number or Identity Card number or Citizen Identification Card number for individual applying for export:

- Address:

- Phone, Fax, Email:

- (Name of organization or individual) requests the Ministry of Agriculture and Rural Development to permit the export/import of the following forest plantation seedlings:

1. Species name:

- Scientific name:

- Vietnamese name:

2. Quantity:

- Seeds/lot: kg

- Seedlings/clonal: number of plants/clonal

3. Origin and place of origin of seedlings (with pedigree of origin attached):

4. Purpose of exporting/importing seedlings:

□ Research

□ Trial

□ Experimental production

□ Gift

□ Trade fair, Exhibition

□ International cooperation

□ Ornamental trees, shade trees

□ Other purposes

5. Time of export/import seedlings: from day ... month ... year 20...

6. Port of export/import seedlings: port/airport/post office

7. Export/import times (which time)

- Attached herewith are related documents

□ Technical declaration form

□ Business Registration Certificate

□ Investment Certificate ( )

□ Other documents

- (Name of organization or individual) commit to comply with all regulations on export/import and report the results of export/import seedlings to the Ministry of Agriculture and Rural Development.

We request the Ministry of Agriculture and Rural Development to consider and resolve this matter./.

Form No. 06/LN

REQUEST FOR REISSUANCE OF EXPORT/IMPORT PERMIT

FORESTRY SEEDLINGS

_________

Respectfully submitted to: Ministry of Agriculture and Rural Development

- Organization or individual requesting reissuance of Export/Import Permit:

- Business Registration Certificate number or Investment Certificate number or Identity Card number or Citizen Identification Card number for individual applying for export:

- Address:

- Phone, Fax, Email:

- (Name of organization or individual) requests the Ministry of Agriculture and Rural Development to reissue the Export/Import Permit with the following contents:

1. Reason for requesting reissuance:

2. Species name:

- Scientific name:

- Vietnamese name:

3. Quantity:

- Seeds/lot: kg

- Seedlings/clonal: number of plants/clonal

4. Origin and place of origin of seedlings (with pedigree of origin attached):

5. Purpose of exporting/importing seedlings:

□ Research

□ Trial

□ Experimental production

□ Gift

□ Trade fair, Exhibition

□ International cooperation

□ Ornamental trees, shade trees

□ Other purposes

6. Time of export/import seedlings: from day ... month ... year 20...

7. Port of export/import seedlings: port/airport/post office

8. Export/import times (which time)

- Attached herewith are related documents

□ Technical declaration form

□ Business Registration Certificate

□ Investment Certificate ( )

□ Other documents

(Name of organization or individual) commits to complying with state regulations on export/import and reports the results of exporting/importing forestry tree seeds to the Ministry of Agriculture and Rural Development.

We request the Ministry of Agriculture and Rural Development to consider and resolve this matter./.

Form No. 07/LN

FORESTRY TREE SEEDS RECORD

APPLICATION FOR EXPORT/IMPORT

I. Seed Information

- Seed Name: ...

+ Seed name in Vietnamese (if the crop is not yet present in Vietnam, it should be written in English or phonetically transcribed from the local language where it is imported from): ...

+ Scientific name (specific to species, genus, family):

- Main botanical characteristics:

- Parts used:

+ Wood: Non-wood products:

- Seed harvested from (seed forest, seed garden, planted forest):

- Superior characteristics of exported/imported seed: yield, disease resistance, wood physical properties ...

2. Natural Conditions of Seed Harvesting Location

a) Geographic Features

• Longitude:

• Latitude:

• Elevation above sea level:

b) Climate Characteristics

• Annual average temperature:

• Average temperature of the hottest month:

• Average temperature of the coldest month:

• Annual average rainfall:

• Rainy season:

• Evaporation rate:

3. Planting Techniques (for first-time exported/imported seeds):

- Ecological requirements (latitude, temperature, soil...):

- Planting season:

- Density, quantity of seeds/ha:

- Major pests and diseases:

4. Harm Warnings

Clearly state any predicted negative impacts of the exported/imported crop on the ecological environment such as soil, water, other organisms, and human health (if applicable):

(Name of organization or individual)... guarantees and takes responsibility for the accuracy and honesty of the information in this seed record declaration.

Form No. 08/LN

PERMIT FOR EXPORT/IMPORT OF FORESTRY TREE SEEDS

CROP

_______________

Pursuant to the Government Decree No. ... dated ... month ... year ..., stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Government Decree No.: …/2021/NĐ-CP dated ... month ... year ..., on the management of forestry tree seeds;

Pursuant to the application for export/import No. ... dated ... month ... year 20... of ... and the application file for the Export/Import Permit.

The Ministry of Agriculture and Rural Development agrees to allow:

Organization/Individual

Currency Exchange Agent No. 3

Telephone/Fax

To be permitted to export/import for the purpose of

1. Trade Name:

2. Scientific Name:

3. Quantity: Volume

4. Production Facility Name:

5. Manufacturer's Address Tel/Fax

6. Importing/Exporting Country:

7. Export/Import Date:

8. Export/Import Port:

9. Purpose of Export/Import:

This permit is valid until the end of day:

The organization/individual must comply with the purpose of export/import and follow current laws and regulations.