Law on Crop Production No. 31/2018/QH14

LAW

AGRICULTURAL CROPPING

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Agricultural Cropping Law. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates on agricultural cropping activities; rights and obligations of organizations and individuals engaged in agricultural cropping; state management over agricultural cropping.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Forestry It is an economic-technical sector in agriculture related to the planting of agricultural crops, ornamental plants, and edible mushrooms for human purposes.

2. Agricultural cropping activities include activities concerning crop seeds; fertilizers; cultivation; harvesting, preliminary processing, preservation, processing, trade, and quality management of crop products.

3. Cultivation is the process where humans utilize natural resources, equipment, agricultural materials, and apply production procedures to create various crop products.

4. Crop products are the harvested parts of agricultural crops, ornamental plants, and edible mushrooms.

5. Crop seeds are a population of crops that can be distinguished from other crop populations 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; including agricultural crop seeds, medicinal plant seeds, ornamental plant seeds, and edible mushroom seeds.

6. Propagation materials are plants or parts of plants, edible mushrooms or parts of edible mushrooms capable of developing into new individuals, used for propagation or planting.

7. Cultivated species refers to widely planted species with significant importance in economic development, requiring strict management.

8. Annual crops are types of crops planted, harvested, and complete their production cycle within one year, including perennial crops that retain their roots.

9. Perennial crops are types of crops planted once, growing for many years, and yielding harvests one or more times.

10. Distinctness of crop seeds is the clear distinguishability of a crop seed variety from known varieties.

11. Uniformity of crop seeds is the similar expression of related traits of a crop seed variety, except for allowable deviations for specific traits during propagation.

12. Stability of crop seeds is the consistent expression of related traits as initially described, not changing after each propagation season or breeding cycle when propagated cyclically.

13. Seed testing is the activity of monitoring and evaluating indicators to determine distinctness, uniformity, stability, cultivation value, and usage value of crop seeds according to a specified method.

14. Controlled testing is the testing of crop seeds in artificial environments to fully demonstrate their resistance to biological pests and adverse conditions.

15. Fertilizer testing is the activity of monitoring and evaluating indicators to determine usage methods, environmental impact, agronomic efficiency, and economic efficiency of fertilizers.

16. Narrow-scale testing is testing conducted on farmland, small plot areas, with repetition, experimental layout following national standards for testing methods applicable to the tested object.

17. Wide-scale testing is testing conducted on farmland, large plot areas, without repetition, experimental layout following national standards for testing methods applicable to the tested object.

18. of perennial industrial crops and fruit trees is a tree with higher productivity, quality, and resistance compared to other trees within the same variety population that has been selected and recognized for vegetative propagation (except for durian...). is the best plant selected and recognized from a population of a crop seed variety.

19. Clonal garden is a nursery derived from a mother plant or a nursery established by organizations or individuals, appraised and recognized.

20. Fertilizer is a product with the function of providing nutrients or improving soil to increase yield and quality of crops.

21. Quality indicators of fertilizer are technical parameters reflecting the quality of fertilizer as defined in relevant technical regulations and published standards.

22. Nutrient elements in fertilizer are chemical elements essential for the growth and development of crops.

Article 3. Principles of Crop Production Activities

1. Developing production along value chains, aligning with market orientation, consistent with the strategy for crop development, planning, land use plans, and other resources; creating favorable conditions for cooperation and linkage in production, building concentrated commodity production areas, contractual production, quality-certified production; ensuring food security; balancing the interests of the State with those of organizations and individuals.

2. Efficiently, thriftily, and sustainably utilizing natural resources and infrastructure; safely and effectively using agricultural materials.

3. Adhering to technical standards and regulations on soil and water quality, production processes; ensuring food safety, biological safety, disease safety, and environmental protection.

4. Leveraging regional advantages, tied to preserving specialty and indigenous crop varieties; protecting sustainable farming systems, heritage, landscapes, and culture in agriculture linked with ecological tourism development and new rural construction.

5. Proactively forecasting, preventing, and combating natural disasters and plant pests; adapting to climate change.

6. Meeting international integration requirements; complying with international treaties to which the Socialist Republic of Vietnam is a member.

Article 4. State Policies on Crop Production Activities

1. The State invests in the following activities:

a) Statistics, surveys, and database construction on crop production activities; market information and forecasting; strategic development planning for crop production; technical standard and regulation construction for crop production activities;

b) Construction and upgrading of material and equipment facilities for public science and technology organizations serving policy research and basic research in crop production;

c) Scientific and technological activities stipulated in point a and point b, Clause 2, Article 6 of this Law;

d) Training human resources in agricultural extension for regions with difficult socio-economic conditions, particularly extremely difficult conditions.

2. During each period and within the capacity of the state budget, the State supports the following activities:

a) Production linkage, forming concentrated commodity production areas, organic farming; crop structure transformation; farming on steep slopes, lowlands, acid soils, saline soils, coastal sandy soils, soils at risk of desertification and degradation; developing raw material areas for processing plants; managing planting zones and tracing origin;

b) Scientific and technological activities stipulated in point c, Clause 2, Article 6 of this Law;

c) Applying advanced quality management systems, product certification activities;

d) Infrastructure construction, analysis, and initial production condition assessment in crop production, soil and agronomic assessments serving concentrated commodity production; infrastructure construction for preservation and processing; organic fertilizer production, bio-preparation production; organic farming; mechanization; national testing laboratories and international inter-laboratory testing;

đ) Paddy rice production according to planning;

e) Production of super parent seeds, parent seeds, parental lines for F1 hybrid seed production, original and new commercial varieties; restoring specialty and indigenous crop varieties; maintaining parent lines; protecting and developing parent line nurseries; importing new varieties, transferring intellectual property rights for crop varieties;

g) Building wholesale markets for crop products; brand building, trade promotion, and market development for crop products;

h) Restoring production in cases of natural disasters and diseases;

i) Human resource training; transferring scientific and technological advancements, agricultural extension in crop production.

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 operations, provision of technical services, technology transfer, and related activities in crop production;

b) Socializing public services in crop production; enhancing the capacity for conformity assessment activities;

c) Agricultural insurance in crop production;

d) Organic farming, combined farming with ecological tourism, landscape and cultural heritage protection in rural areas;

đ) Using organic fertilizers.

Article 5. Strategy for Crop Development

1. The strategy for crop development is formulated for a ten-year cycle with a twenty-year outlook, aligning with the national economic and social development strategy, relevant planning, and plans.

2. The strategy for crop development identifies viewpoints, guiding principles, vision, objectives, tasks, solutions, and the organization of implementation for crop development nationwide.

3. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with other ministries, ministerial-level agencies, and provincial People's Committees to develop and submit for approval.

Article 6. Scientific and Technological Activities in Crop Production

1. Scientific and technological activities in crop production shall be carried out in accordance with this Law, laws on science and technology, and technology transfer.

2. State investment or support for scientific and technological activities in crop production includes:

a) Research on mechanisms and policies in crop production; selection and creation of high-quality crop varieties resistant to pests and diseases and adaptable to climate change; utilization of beneficial organisms; development of organic fertilizers, biological products, cultivation techniques, and environmental protection measures in crop production; soil science research and plant nutrition, post-harvest technology;

b) Collection, storage, conservation, and exploitation of rare and precious crop germplasm, specialty crop varieties, indigenous crop varieties; establishment of a crop germplasm bank;

c) Research and application of advanced technologies, new technologies in cultivation, storage, and processing; organic farming, climate-smart agriculture.

Article 7. International Cooperation in Crop Production

1. The Socialist Republic of Vietnam shall implement international cooperation in crop production with countries, territories, and international organizations based on equality, mutual benefit, respect for each party's independence, sovereignty, and laws, and international law.

2. Prioritized contents of international cooperation in crop production include:

a) Scientific research and technology transfer related to crop varieties, agricultural inputs, production processes and technologies, post-harvest technologies, exchange of information and crop germplasm;

b) Training of high-quality human resources in crop production;

c) Investment cooperation, production linkage, market demand forecasting, and product marketing development;

d) Establishment and mutual recognition of quality certification systems in crop production.

3. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with other ministries, ministerial-level agencies, and provincial People's Committees to implement international cooperation in crop production.

Article 8. National Database on Crop Production

1. The national database on crop production is a unified information system related to crop production from central to local levels, standardized for updating, exploitation, and management through information technology.

2. Contents of the national database on crop production include:

a) Databases on regulatory legal documents and directive management documents related to crop production;

b) Databases on crop production, storage, processing, and trade;

c) Databases on scientific research results and technological development, technical standards and norms; data on soil nutrition, land use for crop production; seed, fertilizer, and irrigation water data;

d) Other databases on crop production.

3. Organizations and individuals providing information, updating, and exploiting the national database on crop production shall comply with the law.

4. The Minister of Agriculture and Rural Development shall stipulate the provision of information, updates, exploitation, and management of the national database on crop production.

Article 9. Prohibited acts in crop cultivation activities

1. Producing, trading, importing plant seeds that have not been decided to be recognized for circulation or self-declared for circulation, except in cases where permission is granted by competent authorities.

2. Producing, trading, importing fertilizers that have not been decided to be recognized for circulation in Vietnam, except in cases of importing fertilizers as stipulated in Clause 2, Article 44 of this Law and producing fertilizers for export under contracts with foreign organizations and individuals.

3. Producing, trading plant seeds that do not meet production and trading conditions; producing, trading fertilizers without being issued a certificate of compliance with production and trading conditions for fertilizers.

4. Producing, trading, importing plant seeds, fertilizers, other agricultural materials, and expired or origin unknown plant products.

5. Providing false information about plant seeds and fertilizers that deviates from the information approved by authorized bodies or from self-declared information.

6. Illegally performing services for field trials, testing, certification of seed fields, appraisal, quality certification of plant seeds and products, and fertilizers.

7. Providing false or fraudulent results of field trials, testing, certification of seed fields, inspection, appraisal, quality certification, conformity assessment regarding agricultural materials and plant products.

8. Illegally exporting plant seeds listed in the Catalogue of Plant Seed Germplasm Prohibited from Export.

9. Cultivating crops causing harm to plants, animals, and human health; polluting the environment; degrading and depleting land, water resources, and biodiversity.

10. Illegally exploiting and using the surface layer of paddy land for non-agricultural purposes.

Chapter II

PLANT SEEDS

Section 1

RESEARCH, EXPLOITATION, USE AND CONSERVATION OF PLANT GERMPLASM

Article 10. Research, creation, and transfer of technology related to plant germplasm

1. Research, creation, and transfer of technology related to plant germplasm shall be carried out in accordance with laws on science and technology, technology transfer, and biodiversity.

2. Priority shall be given to research in selection and creation concerning plant germplasm as specified in points a and b of Clause 2, Article 6 of this Law.

Article 11. Exploitation and use of plant germplasm

1. Plant germplasm includes genetic material from plant seeds that have been decided to be recognized for circulation or self-declared for circulation; plant seeds that are commonly present in production, specialty plant seeds, indigenous plant seeds, imported plant seeds that have not been decided to be recognized for circulation or self-declared for circulation.

2. The exploitation and use of plant germplasm shall be conducted in accordance with this Law and laws on biodiversity.

Article 12. Conservation of plant germplasm

1. Conservation of plant germplasm includes the following activities:

a) Surveying, collecting, storing, and establishing a gene bank for plant seeds;

b) Decoding genes, evaluating agronomic and biological indicators, and assessing the value of use of plant germplasm;

c) Establishing and sharing data, information systems, and plant germplasm resources.

2. The Government shall provide detailed regulations on the conservation of plant germplasm and issue the Catalogue of Plant Seed Germplasm Prohibited from Export.

Section 2

 RECOGNITION FOR CIRCULATION AND SELF-PUBLICATION FOR CIRCULATION OF PLANT SEEDS

Article 13. General requirements for recognition and self-declaration of circulation of plant varieties

1. Plant varieties belonging to major crop species may only be produced, traded, exported, or imported after being granted a Decision on Recognition of Circulation of Plant Varieties as stipulated in Article 15 of this Law or a Decision on Special Recognition of Circulation of Plant Varieties as stipulated in Article 16 of this Law, except for cases serving research, testing, exhibitions, international exchanges, or production of hybrid seeds for export.

2. Plant varieties not belonging to major crop species may only be produced, traded, exported, or imported when organizations or individuals declare their circulation of plant varieties according to the provisions of Article 17 of this Law, except for cases serving research, testing, advertising, exhibitions, international exchanges, and production of hybrid seeds for export. In cases where organizations or individuals wish to apply for a Decision on Recognition of Circulation of Plant Varieties, they shall follow the provisions of Article 15 of this Law, or in cases where they wish to apply for a Decision on Special Recognition of Circulation of Plant Varieties, they shall follow the provisions of Article 16 of this Law.

3. Vietnamese organizations and individuals, and foreign organizations and individuals with representative offices or branch companies operating in the field of plant varieties in Vietnam have the right to register for the issuance of Decisions on Recognition of Circulation or self-declaration of circulation of plant varieties.

4. The issuance of Decisions on Recognition of Circulation of Plant Varieties shall be carried out simultaneously with the issuance of Certificates for Protection of Plant Varieties when the organization or individual registering for recognition of circulation of plant varieties requests it and meets the conditions for protection of plant varieties as prescribed by laws on intellectual property.

5. Plant varieties belonging to major crop species must undergo testing conducted by an independent testing organization recognized as having the necessary qualifications (hereinafter referred to as the plant variety testing organization) before issuing or extending a Decision on Recognition of Circulation of Plant Varieties, except for cases where plant varieties are granted a Decision on Special Recognition of Circulation of Plant Varieties as stipulated in Article 16 of this Law. Ornamental plants belonging to major crop species are exempt from testing as provided for in Clause 2 of Article 18 of this Law.

6. During each period, the Minister of Agriculture and Rural Development shall promulge, amend, and supplement the List of Major Crop Species.

Article 14. Names of Plant Varieties

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

a) Consisting solely of numerals;

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

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

d) Using the names of state agencies, people's armed forces units, political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations as part of the specific name of a plant variety, except with the approval of the relevant agency, organization, or unit;

đ) Likely to cause misunderstanding about the characteristics or traits of that variety;

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

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

2. Organizations and individuals trading propagation materials of plant varieties must use the name of the variety that has been granted a Decision on Recognition of Circulation of Plant Varieties or self-declared circulation of plant varieties.

3. When using the name of a plant variety together with trademarks, trade names, or similar indicators with the name of a plant variety that has been declared circulation or announced circulation for production or trade, such names must be easily recognizable.

Article 15. Issuance, reissuance, extension, suspension, restoration, and revocation of Decision recognizing the circulation of plant varieties

1. Conditions for issuing the Decision recognizing the circulation of plant varieties include:

a) Having a name for the plant variety;

b) Having testing results ensuring distinctiveness, uniformity, and stability;

c) Having testing results meeting national standards on agronomic value and utility value;

d) Having a sample of the plant variety stored in accordance with Article 20 of this Law;

đ) Having a publication of information about the plant variety and production procedures compiled by the organization or individual named in the application for issuance of the Decision recognizing the circulation of the plant variety.

2. The annual Decision recognizing the circulation of plant varieties has a validity period of ten years, while long-term plant varieties have a validity period of twenty years and may be extended.

3. The Decision recognizing the circulation of plant varieties shall be reissued in the following cases:

a) The Decision recognizing the circulation of plant varieties is lost or damaged;

b) Changes or additions to information related to the Decision recognizing the circulation of plant varieties.

4. The Decision recognizing the circulation of plant varieties shall be extended when the following conditions are met:

a) Upon request from the organization or individual;

b) Having supervised testing results as specified in point a, Clause 2, Article 18 of this Law meeting national standards on agronomic value and utility value.

5. The Decision recognizing the circulation of plant varieties shall be suspended when the plant variety fails to maintain uniformity or stability or its agronomic value or utility value as at the time of issuance of the circulation recognition Decision.

6. The Decision recognizing the circulation of plant varieties that has been suspended shall be restored when the organization or individual granted the Decision recognizing the circulation of plant varieties remedies the situation stipulated in Clause 5 of this Article.

7. The Decision recognizing the circulation of plant varieties shall be revoked in the following cases:

a) Fraud in the registration dossier for recognizing the circulation of plant varieties;

b) Failure to maintain distinctiveness of the plant variety as at the time of issuance of the Decision recognizing the circulation of plant varieties;

c) Failure to remedy the situation stipulated in Clause 5 of this Article;

d) Repeated administrative offenses regarding plant varieties after being penalized;

đ) Other violations prescribed by law requiring revocation.

8. The Government shall specify the dossier, procedures, formalities, and authority for issuing, reissuing, extending, suspending, restoring, and revoking the Decision recognizing the circulation of plant varieties.

Article 16. Issuance of Special Decision Recognizing the Circulation of Plant Varieties

1. Conditions for issuing the Special Decision Recognizing the Circulation of Plant Varieties include:

a) Being a specialty variety, indigenous variety, or variety that has existed for a long time in production and is proposed by local authorities;

b) Having a description of the variety's characteristics and current usage status;

c) Having a sample stored in accordance with Article 20 of this Law.

2. For the Special Decision Recognizing the Circulation of Plant Varieties as stipulated in Clause 1 of this Article, the provisions of Clauses 2, 4, 5, and 6 of Article 15 of this Law shall not apply.

3. The Government shall specify the dossier, procedures, formalities, and authority for issuing, reissuing, and revoking the Special Decision Recognizing the Circulation of Plant Varieties.

Article 17. Self-publication of Plant Varieties for Circulation

1. Conditions for self-publication of plant varieties for circulation include:

a) Having a name for the plant variety;

b) Having agricultural value and utility value meeting national standards for the species of plants being published for circulation; in cases where there are no national standards, the basic standards shall be applied;

c) Having information about the plant variety and production procedures compiled by the organization or individual publishing the plant variety for circulation.

2. Organizations and individuals self-publishing plant varieties for circulation shall bear responsibility for the accuracy of the information they publish.

3. The Government shall stipulate the dossier, procedure, and process for self-publication of plant varieties for circulation.

Section 3

TESTING OF PLANT VARIETIES

Article 18. Content of Testing of Plant Varieties

1. Testing the distinctiveness, uniformity, and stability of plant varieties.

2. Testing the agricultural value and utility value of plant varieties includes:

a) Controlled testing;

b) Narrow-scale field testing;

c) Wide-scale field testing.

Article 19. General Requirements for Testing of Plant Varieties

1. Testing of plant varieties as prescribed in Clause 1 and Point a, Clause 2, Article 18 of this Law shall only be conducted at one fixed location.

2. Testing of plant varieties as prescribed in Points b and c, Clause 2, Article 18 of this Law shall be carried out regionally. A plant variety tested in a region shall be granted a Decision to Recognize Plant Variety Circulation in that region.

3. The testing method and regional division for testing plant varieties shall be regulated in the national standard on testing methods for the tested plant species.

4. The orchard of long-term plant varieties registered by organizations or individuals for recognition of circulation shall comply with the national standard on testing methods for plant varieties and shall be used to evaluate necessary indicators.

5. Narrow-scale testing and wide-scale testing shall be conducted simultaneously.

6. Genomic sequencing methods may replace traditional testing methods for verifying distinctiveness to check the correctness of the variety.

7. Prior to testing genetically modified plant varieties, risk assessment must be conducted in accordance with the law on biological diversity.

Article 20. Sample Storage of Plant Varieties

1. Samples of plant varieties when registering for recognition of circulation shall be stored throughout the testing and circulation period (hereinafter referred to as storage samples) managed by specialized agencies responsible for crop cultivation.

2. Sample storage shall be carried out in one of the following forms:

a) Storing propagation materials of plant varieties;

b) Storing genomic sequences of plant varieties;

c) Storing propagation materials of plant varieties and genomic sequences of plant varieties.

3. Storage samples shall be used in the following situations:

a) For testing, control, similar, and typical varieties in testing;

b) For quality testing of plant varieties;

c) For inspection, examination, and resolution of disputes over plant varieties.

4. The Minister of Agriculture and Rural Development shall provide detailed regulations on this matter.

Article 21. Issuance, Reissuance, and Revocation of Decisions to Recognize Testing Organizations of Plant Varieties

1. Conditions for issuing Decisions to Recognize Testing Organizations of Plant Varieties include:

a) The person directly responsible for testing has a bachelor's degree or higher in one of the fields of plant science, plant protection, or biology;

b) Possessing or leasing locations, infrastructure, and equipment suitable for conducting tests according to national standards on testing plant varieties for the tested plant species.

2. Decisions to Recognize Testing Organizations of Plant Varieties shall be reissued in the following cases:

a) Lost, damaged;

b) Changes or additions to information related to the testing organization in the Decision to Recognize Testing Organizations of Plant Varieties.

3. Decisions to Recognize Testing Organizations of Plant Varieties shall be revoked in the following cases:

a) Being erased, altered, or tampered with the content recorded in the Decision to Recognize Testing Organizations of Plant Varieties;

b) Discovering false documents or untruthful information in the application dossier for recognizing testing organizations of plant varieties;

c) Testing organizations engaging in violations that require revocation of the Decision to Recognize Testing Organizations of Plant Varieties under the law;

d) No longer meeting any of the conditions stipulated in Clause 1 of this Article;

đ) Having been administratively punished for testing activities of plant varieties and committing the same violation again.

4. The Government shall stipulate the dossier, procedure, and authority for issuing, reissuing, and revoking Decisions to Recognize Testing Organizations of Plant Varieties.

Section 4

PRODUCTION AND SALE OF PLANT VARIETIES

Article 22. Conditions for organizations and individuals producing and trading plant seeds

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

a) Possessing plant seeds or being authorized by organizations or individuals holding plant seeds that have been granted a decision recognizing circulation or have self-declared the circulation of plant seeds;

b) Having or leasing locations, infrastructure, and equipment according to national standards on seed production methods; in cases where there are no national standards, applying enterprise standards.

2. Organizations and individuals trading in plant seeds must have a legitimate transaction location and ensure traceability of the origin of the batch of plant seeds.

3. The Government shall provide detailed regulations on this Article.

Article 23. Seed Production

1. Seed production shall be carried out according to sexual propagation methods and asexual propagation methods in accordance with national standards on seed production; in cases where there are no national standards, applying enterprise standards.

2. Trees and orchards providing materials for asexual propagation, multi-line hybrid seeds for long-term fruit trees and industrial trees must be granted a Decision recognizing the parent tree and a Decision recognizing the parent orchard in accordance with Article 24 of this Law.

Article 24. Issuance, Suspension, Restoration, and Revocation of Decisions Recognizing Parent Trees and Parent Orchards

1. A parent tree will be granted a Decision recognizing the parent tree after being selected according to national standards on the quality of parent trees. In cases where there are no national standards, the specialized management agency for crop cultivation shall issue enterprise standards for application.

2. An orchard will be granted a Decision recognizing the parent orchard after being assessed according to national standards on the quality of parent orchards. In cases where there are no national standards, the specialized management agency for crop cultivation shall issue enterprise standards for application.

3. The quality of parent trees and parent orchards shall be managed according to national standards or enterprise standards on the quality of parent trees and parent orchards as stipulated in Clause 1 and Clause 2 of this Article.

4. The Decision recognizing the parent tree and the Decision recognizing the parent orchard shall be suspended when the parent tree and parent orchard no longer meet the national standards or enterprise standards on the quality of parent trees and parent orchards.

5. The Decision recognizing the parent tree and the Decision recognizing the parent orchard shall be restored when the quality of the parent tree and parent orchard meets the national standards or enterprise standards on the quality of parent trees and parent orchards.

6. The Decision recognizing the parent tree and the Decision recognizing the parent orchard shall be revoked when they have been suspended according to the provisions of Clause 4 of this Article and not restored according to the provisions of Clause 5 of this Article.

7. The Government shall specify the dossier, procedures, and authorities for issuing, suspending, restoring, and revoking Decisions recognizing parent trees and parent orchards.

Section 5

MANAGEMENT OF PLANT SEED QUALITY

Article 25. General Requirements for Managing Plant Seed Quality

1. Management of plant seed quality includes managing seed quality and propagation material quality in accordance with this Law and laws on product and commodity quality.

2. Plant seed quality shall be managed according to national standards or enterprise standards for each type of crop as stipulated in Point c Clause 1 Article 15 and Point b Clause 1 Article 17 of this Law.

3. Propagation material quality for plant crops shall be managed as follows:

a) Propagation material for main crop varieties is classified as Group 2 products and commodities under laws on product and commodity quality. The quality of main crop variety propagation material shall be managed based on national technical regulations on the quality of propagation material and standards declared and applied by producers and importers;

b) Propagation material for non-main crop varieties is classified as Group 1 products and commodities under laws on product and commodity quality. The quality of non-main crop variety propagation material shall be managed based on standards on the quality of propagation material declared and applied by organizations and individuals.

Article 26. Inspection of seed fields and sampling of propagation materials for plants

1. Seed field inspection shall be carried out during the production of plant seeds according to the national standard on seed field inspection methods, implemented by personnel trained in the relevant business.

2. Sampling of propagation materials for plants shall be conducted according to the national standard on seed sampling methods, implemented by personnel trained in the relevant business.

3. The Minister of Agriculture and Rural Development shall provide detailed regulations for this Article.

Article 27. Labeling and Advertising of Plant Seeds

1. Labeling and advertising of plant seeds shall be carried out in accordance with the provisions of this Law and laws on trade and advertising.

2. The content of labeling and advertising of plant seeds must be consistent with the information published in the registration dossier for the decision recognizing circulation of plant seeds confirmed by the competent authority or the self-declared circulation content of plant seeds.

3. The Government shall provide detailed regulations on this Article.

Chapter 6

EXPORT AND IMPORT OF PLANT SEEDS

Article 28. Export of Plant Seeds

1. Plant seeds that have been granted a decision recognizing circulation or self-declared circulation and are not included in the List of Prohibited Genes for Export of Plant Seeds may be exported and shall comply with the provisions of laws on trade and foreign trade management.

2. Plant seeds and hybrid seeds of plant seeds that have not been granted a decision recognizing circulation or self-declared circulation and are not included in the List of Prohibited Genes for Export of Plant Seeds may only be exported for research, testing, advertising, exhibitions, international exchanges without commercial purposes and must be approved by the Ministry of Agriculture and Rural Development.

3. The Government shall specify the documents, procedures, and formalities for granting export permits for plant seeds as stipulated in Clause 2 of this Article.

Article 29. Import of Plant Seeds

1. Plant seeds and parent seeds for producing hybrid seeds of plant seeds that have been granted a decision recognizing circulation or self-declared circulation; parent seeds for producing hybrid seeds for export may be imported and shall comply with the provisions of laws on trade and foreign trade management.

In cases of import for sale purposes, the documents and materials must meet the requirements set forth in Clause 1 of Article 23 and Clause 1 of Article 26 of this Law.

2. Plant seeds that have not been granted a decision recognizing circulation or self-declared circulation may only be imported for research, testing, advertising, exhibitions, international exchanges and must be approved by the Ministry of Agriculture and Rural Development.

3. Imported plant seeds for production and sale purposes must undergo state quality inspection organized by the specialized agency under the Ministry of Agriculture and Rural Development and meet quality requirements, except in the following cases:

a) Parent seeds for producing hybrid seeds of plant seeds;

b) Plant seeds that have not been granted a decision recognizing circulation or self-declared circulation imported in accordance with Clause 2 of this Article;

c) Plant seeds temporarily imported, re-exported, transiting, or transferred;

d) Plant seeds stored in bonded warehouses.

4. The Minister of Agriculture and Rural Development shall specify the procedures and formalities for state quality inspection of imported plant seeds.

5. The Government shall specify the documents, procedures, and formalities for granting import permits for plant seeds.

Section 7

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS ACTING IN THE FIELD OF PLANT SEEDS

Article 30. Rights and Obligations of Organizations and Individuals Engaged in Researching, Selecting, and Creating Plant Varieties

1. Organizations and individuals engaged in researching, selecting, and creating plant varieties have the following rights:

a) To invest in researching, selecting, and creating plant varieties; to conduct surveys, evaluate, collect, store, and exploit breeding materials domestically or imported for the purpose of researching, selecting, and creating plant varieties;

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

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

2. Organizations and individuals engaged in researching, selecting, and creating plant varieties have the following obligations:

a) To fully perform their obligations as prescribed by laws on science and technology and other relevant laws;

b) To register protection for rights over plant varieties before commercializing or transferring them in cases where they are researched, selected, discovered, and developed using state budget funds or from projects managed by the state; when transferring plant varieties, they must comply with the provisions of law on technology transfer;

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

Article 31. Rights and Obligations of Organizations and Individuals Named in Registration for Issuing Decisions Recognizing Circulation or Self-Publishing Circulation of Plant Varieties

1. Organizations and individuals named in registration for issuing decisions recognizing circulation or self-publishing circulation of plant varieties have the right to circulate plant varieties or authorize other organizations and individuals to circulate plant varieties.

2. Organizations and individuals named in registration for issuing decisions recognizing circulation or authorized by such organizations and individuals to recognize circulation of plant varieties have the following obligations:

a) To maintain the distinctiveness, uniformity, stability, agronomic value, and utility value of plant varieties during circulation, except in cases of special recognition decisions for plant varieties as provided for in Article 16 of this Law;

b) To compensate for damages caused by circulating plant varieties that do not match those recognized for circulation; circulating counterfeit or substandard plant varieties that do not meet national technical standards or national standards or basic standards on quality that have been published; providing incorrect information about plant varieties and production processes confirmed by competent authorities.

3. Organizations and individuals who self-publish circulation or are authorized to self-publish circulation of plant varieties have the obligation to compensate for damages caused by circulating plant varieties that do not match those self-published for circulation; circulating counterfeit or substandard plant varieties that do not meet national technical standards or national standards or basic standards that have been published; providing incorrect information about plant varieties and production processes that have been published.

Article 32. Rights and Obligations of Organizations and Individuals Using Plant Varieties

1. Organizations and individuals using plant varieties have the following rights:

a) To be provided with full information about plant varieties and guidance on using plant varieties;

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 recognized for circulation or self-publishing circulation of plant varieties.

2. Organizations and individuals using plant varieties have the following obligations:

a) To comply with the production procedures announced by organizations and individuals named in registration for issuing decisions recognizing circulation or self-publishing circulation of plant varieties;

b) To promptly report incidents or adverse effects caused by plant varieties to the organization or individual supplying the plant varieties and local authorities for handling.

Article 33. Rights and Obligations of Organizations and Individuals Named in the Registration for Issuing the Decision on Recognizing Parent Plants and Decision on Recognizing Parent Plant Orchards

1. Organizations and individuals named in the registration for issuing the Decision on Recognizing Parent Plants and Decision on Recognizing Parent Plant Orchards have the right to exploit or authorize other organizations or individuals to exploit propagation materials for production and sale purposes.

2. Organizations and individuals named in the registration for issuing the Decision on Recognizing Parent Plants and Decision on Recognizing Parent Plant Orchards shall fulfill the following obligations:

a) Ensuring the quality of planting material as recognized;

b) Exploiting propagation materials according to the Decision on Recognizing Parent Plants and Decision on Recognizing Parent Plant Orchards;

c) Paying fees as prescribed by laws on fees and charges.

Article 34. Rights and Obligations of Organizations Conducting Variety Trials

1. Organizations conducting variety trials have the following rights:

a) To conduct variety trials based on contracts signed with requesting organizations or individuals;

b) To be paid for variety trial costs based on contracts with requesting organizations or individuals.

2. Organizations conducting variety trials shall fulfill the following obligations:

a) To carry out variety trials in accordance with the contents recorded in the Decision on Recognizing Variety Trial Organizations;

b) To bear legal responsibility for the results of variety trials and retain them as prescribed by laws on recordkeeping;

c) To maintain confidentiality before organizations or individuals whose planting materials are being tested.

3. Organizations conducting variety trials must refuse to conduct trials serving the purpose of issuing the Decision on Recognizing Circulation of Planting Materials in the following cases:

a) When the planting material is registered by that organization for issuing the Decision on Recognizing Circulation of Planting Materials;

b) When the planting material belongs to a joint venture unit with the organization when registering for certification of trial conditions;

c) When the planting material belongs to companies under the same parent company, group, or corporation including the organization;

d) When the planting material belongs to units under the same public institution including the organization.

Article 35. Rights and Obligations of Organizations and Individuals Producing and Trading Planting Materials

1. Organizations and individuals producing and trading planting materials have the right to produce and trade planting materials when meeting the conditions stipulated in Article 22 of this Law.

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

a) To fully comply with the provisions of Article 22 of this Law;

b) To implement conformity declaration and compliance declaration as prescribed by laws;

c) To recall and handle planting materials not meeting quality standards circulating in the market;

d) To compensate for losses as prescribed by laws;

đ) To provide documentation proving the origin of propagation materials and traceability documents for batches of planting materials;

e) To affix labels on genetically modified planting materials as prescribed by laws.

Chapter III

FERTILIZERS

Section 1

RECOGNITION OF CIRCULATION OF FERTILIZERS AND FERTILIZER TRIALS

Article 36. Requirements for Recognition of Circulation of Fertilizers and Classification of Fertilizers

1. Fertilizers are goods subject to conditional business operations and must be issued a Decision on Recognizing Circulation of Fertilizers in Vietnam, except for organic fertilizers produced for non-commercial use, fertilizers imported as prescribed in Clause 2, Article 44 of this Law; fertilizers produced for export under contracts with foreign organizations or individuals.

2. The Decision on Recognizing Circulation of Fertilizers in Vietnam has a validity period of five years and can be extended.

3. Domestic organizations or individuals, or foreign organizations or individuals with representative offices or branches operating in the fertilizer sector in Vietnam may name themselves in the registration for recognizing circulation of fertilizers.

4. Each organization or individual may only name themselves in the registration for recognizing circulation of one fertilizer brand for each formula and nutrient content of the fertilizer.

5. The Government shall prescribe the classification of fertilizers.

Article 37. Issuance, reissuance, and extension of the Decision recognizing fertilizer circulation in Vietnam

1. Conditions for issuing the Decision recognizing fertilizer circulation in Vietnam include:

a) Meeting quality standards according to national technical regulations on fertilizer quality;

b) Having testing results meeting national standards, except for fertilizers specified in Clause 2, Article 39 of this Law.

2. The Decision recognizing fertilizer circulation in Vietnam shall be reissued in the following cases:

a) Changing or supplementing information related to organizations or individuals in the Decision recognizing fertilizer circulation;

b) The Decision recognizing fertilizer circulation being lost or damaged;

c) Changing the name of the fertilizer pursuant to a decision of a competent state management agency or a court judgment in cases of intellectual property law violations.

3. The Decision recognizing fertilizer circulation in Vietnam shall be extended when the following conditions are met:

a) When organizations or individuals make a request;

b) Meeting quality standards according to national technical regulations on fertilizer quality;

c) Reporting on production, export, import, and use of fertilizers as prescribed.

4. The Government shall stipulate the dossier, procedures, formalities, and authority for issuing, reissuing, and extending the Decision recognizing fertilizer circulation in Vietnam.

Article 38. Revocation of the Decision recognizing fertilizer circulation in Vietnam

1. The Decision recognizing fertilizer circulation in Vietnam shall be revoked in the following cases:

a) There is new scientific evidence that the fertilizer poses a high risk of adversely affecting human health and the environment;

b) Discovering the use of fake documents or providing incorrect information about the fertilizer recognized for circulation.

2. The revocation of the Decision recognizing fertilizer circulation in Vietnam shall be carried out as follows:

a) For the case specified in point a, Clause 1 of this Article, the specialized management agency for fertilizers shall compile information for evaluation and consider revoking the Decision recognizing fertilizer circulation in Vietnam. Organizations and individuals producing or importing this fertilizer may continue to do so for a maximum of six months; they may sell and use it for a maximum of twelve months from the date the decision to revoke the Decision recognizing fertilizer circulation in Vietnam takes effect;

b) For the case specified in point b, Clause 1 of this Article, the specialized management agency for fertilizers shall review the dossier and documents recognizing the fertilizer to consider revoking the Decision recognizing fertilizer circulation in Vietnam. Organizations and individuals must immediately cease production, importation, sale, and use of the fertilizer from the date the decision to revoke the Decision recognizing fertilizer circulation in Vietnam takes effect.

3. The Government shall stipulate the dossier, procedures, formalities, and authority for revoking the Decision recognizing fertilizer circulation in Vietnam.

Article 39. Requirements for fertilizer testing

1. Fertilizer must be tested before being recognized for circulation, except for the types of fertilizer specified in Clause 2 of this Article.

2. Types of fertilizer not required to be tested include:

a) Organic fertilizer used for root application with components solely natural organic materials, meeting quality standards according to national technical regulations;

b) Single inorganic fertilizer used for root application containing only nitrogen (N) or phosphorus (P) or potassium (K), meeting quality standards according to national technical regulations;

c) Compound inorganic fertilizer used for root application containing only nitrogen (N), phosphorus (P), and potassium (K) elements chemically bonded together, meeting quality standards according to national technical regulations;

d) Fertilizer recognized by a competent state management agency as a technological advancement.

3. Fertilizer testing shall cover both wide-scale and narrow-scale testing; wide-scale testing can only be conducted after completing narrow-scale testing.

4. Fertilizer testing shall be carried out according to national standards by organizations recognized as having the necessary conditions to conduct testing.

5. The quantity of fertilizer produced or imported for testing shall be determined based on the dosage applied to each type of crop and the actual testing area according to national standards for fertilizer testing.

Article 40. Conditions for Recognizing Fertilizer Testing Organizations

1. Fertilizer testing organizations must meet the following conditions:

a) The person directly responsible for testing must have a bachelor's degree or higher in one of the following fields: crop production, plant protection, soil science, soil science, agronomy, chemistry, biology, and must participate in fertilizer testing training as guided by the Ministry of Agriculture and Rural Development;

b) There must be sufficient human resources to conduct testing, excluding the person directly responsible for testing, who must have a bachelor's degree or higher in one of the fields specified in point a, Clause 1 of this Article, and must participate in fertilizer testing training as guided by the Ministry of Agriculture and Rural Development;

c) There must be adequate physical facilities and equipment in accordance with national standards for fertilizer testing.

2. The Government shall specify the minimum number of human resources required to conduct testing for fertilizer testing organizations; the dossier, procedures, formalities, and authority for issuing and revoking the Decision recognizing fertilizer testing organizations.

Section 2

PRODUCTION AND SALE OF FERTILIZERS

Article 41. Conditions for Producing Fertilizers

1. Organizations and individuals producing fertilizers must have a Certificate of Eligibility for Fertilizer Production.

2. Conditions for issuing the Certificate of Eligibility for Fertilizer Production include:

a) Having a production site and factory area suitable for the scale of production;

b) Having production lines, machinery, and equipment suitable for the production process of each type and form of fertilizer;

c) Having a laboratory or having a contract with a designated testing organization to evaluate the quality indicators of the fertilizers produced by themselves;

d) Having a quality management system that is compatible and updated according to international standardization organization standards on quality management;

đ) Having separate areas for raw materials and finished products;

e) The person directly managing production must have a bachelor's degree or higher in one of the fields: crop production, plant protection, soil science, soil science, agronomy, chemistry, biology.

3. The Certificate of Eligibility for Fertilizer Production has a validity period of five years and can be renewed.

4. The Government shall provide detailed regulations on conditions, dossiers, procedures, formalities, and authority for issuing, renewing, and revoking the Certificate of Eligibility for Fertilizer Production.

Article 42. Conditions for Selling Fertilizers

1. Organizations and individuals selling fertilizers must have a Certificate of Eligibility for Fertilizer Sales; in cases where they sell fertilizers produced by themselves, they are not required to have a Certificate of Eligibility for Fertilizer Sales.

2. Conditions for issuing the Certificate of Eligibility for Fertilizer Sales include:

a) Having a legitimate and clearly defined trading location;

b) Having complete documentation and certificates tracing the origin of fertilizers as prescribed;

c) The person directly selling fertilizers must undergo training and professional development in fertilizers as guided by the Ministry of Agriculture and Rural Development, except in cases where they already have a diploma or higher in one of the fields: crop production, plant protection, soil science, soil science, agronomy, chemistry, biology.

3. The Government shall provide detailed regulations on conditions, dossiers, procedures, formalities, duration, authority for issuing, renewing, and revoking the Certificate of Eligibility for Fertilizer Sales.

Section 3

EXPORT AND IMPORT OF FERTILIZERS

Article 43. Export of fertilizers

The export of fertilizers shall be carried out in accordance with the provisions of laws on trade and foreign trade management or at the request of the importing country.

Article 44. Import of fertilizers

1. Organizations and individuals having fertilizers recognized by a Decision on fertilizer circulation in Vietnam may import or authorize the importation of fertilizers recognized for circulation in Vietnam without needing an import permit for fertilizers.

2. Organizations and individuals importing fertilizers not yet recognized for circulation in Vietnam must have an import permit for fertilizers in the following cases:

a) Fertilizers for testing;

b) Fertilizers for sports fields, entertainment areas;

c) Fertilizers used in foreign projects in Vietnam;

d) Fertilizers as gifts or samples;

đ) Fertilizers participating in exhibitions or fairs;

e) Fertilizers for scientific research;

g) Fertilizers as raw materials for producing other fertilizers;

h) Fertilizers temporarily imported for re-export or transiting through Vietnamese border gates; fertilizers stored in bonded warehouses; fertilizers imported into export processing zones.

3. The Government shall stipulate the dossier, procedures, formalities, and authority to issue an import permit for fertilizers.

Section 4

MANAGEMENT OF FERTILIZER QUALITY, NAME, LABEL, AND ADVERTISING

Article 45. Management of fertilizer quality

1. Fertilizers shall be managed in terms of quality in accordance with the provisions of laws on product and commodity quality.

2. Accredited conformity assessment organizations conducting testing, inspection, certification, and quality verification activities to serve state management of fertilizers must be certified in their field of activity according to the laws on business conditions for conformity assessment services and designated by the Ministry of Agriculture and Rural Development in accordance with the laws on product and commodity quality.

3. Sampling of fertilizers for quality testing to serve state management must be conducted by persons holding a Certificate for Fertilizer Sample Collection.

4. The Government shall stipulate the contents, timeframes, and authority to issue a Certificate for Fertilizer Sample Collection.

Article 46. State Inspection of Imported Fertilizer Quality

1. Imported fertilizers must undergo state inspection for quality, except for those specified in points a, d, đ, e, and h of Clause 2, Article 44 of this Law.

2. State inspection of imported fertilizer quality shall be organized and implemented by specialized agencies under the Ministry of Agriculture and Rural Development.

3. The dossier for state inspection of imported fertilizer quality must be retained for a period of five years from the date of issuance of the notification of the results of state inspection.

4. The Government shall stipulate the dossier, procedures, formalities, and contents of state inspection of imported fertilizer quality.

Article 47. Name of Fertilizer

1. The name of a fertilizer registered shall not duplicate the name of a fertilizer already recognized by a Decision on fertilizer circulation in Vietnam.

2. The name of a fertilizer shall not mislead about its nature, function, composition, or type.

3. The name of a fertilizer shall not violate historical traditions, culture, ethics, and customs of the nation; nor shall it be phonetically or orthographically similar to the names of national leaders, heroes, celebrities, food products, beverages, pharmaceuticals. Names of state agencies, people's armed forces units, political organizations, political-social organizations, occupational-political-social organizations, social organizations, and occupational-social organizations shall not be used as part of the specific name of a fertilizer, except with the approval of relevant authorities or organizations.

4. For mixed fertilizers, when the name of a component is used as part of the name of the fertilizer, it must follow the order of the name of the fertilizer type, component, unique symbol, quantitative symbol of the component included in the name, and other unique symbols (if any).

Components and quantitative symbols of components shall follow the order of major nutrients nitrogen (N), phosphorus (P), potassium (K), medium nutrients, micronutrients, organic matter, and other additives (if any).

Article 48. Labeling of fertilizers

1. Fertilizers circulating on the market must be labeled in accordance with the provisions of the law on product labels and shall include the following contents:

a) Type of fertilizer;

b) Fertilizer code number;

c) For leaf fertilizers, the phrase "Leaf fertilizer" must be clearly stated.

2. The content recorded on the label must correspond to the content in the Decision recognizing fertilizers for circulation in Vietnam.

Article 49. Advertising of fertilizers

1. Organizations and individuals advertising fertilizers shall comply with the provisions of the law on advertising.

2. The Government shall stipulate the dossier, procedures, formalities, and authority to confirm the content of fertilizer advertisements.

Section 5

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS ACTING IN THE FIELD OF FERTILIZERS

Article 50. Rights and obligations of organizations and individuals producing fertilizers

1. Organizations and individuals producing fertilizers have the following rights:

a) To produce fertilizers recognized for circulation in Vietnam;

b) To produce fertilizers for export under contracts with foreign organizations and individuals;

c) To advertise fertilizers in accordance with Article 49 of this Law;

d) To sell fertilizers produced by themselves.

2. Organizations and individuals producing fertilizers have the following obligations:

a) To maintain all conditions for fertilizer production as prescribed in Article 41 of this Law during the operation of fertilizer production;

b) To produce fertilizers in compliance with national technical standards and announced standards;

c) To implement the content of the Certificate of Eligibility for Fertilizer Production;

d) To test each batch of finished fertilizers before putting them into circulation on the market. Retain the testing results within the shelf life of the fertilizer batch and preserve the sample for six months from the date of sampling;

đ) To recall and handle fertilizers that do not meet quality requirements and compensate for losses in accordance with the provisions of the law;

e) To comply with inspections and checks by competent state agencies;

g) To organize training and guidance on the use of fertilizers; to provide professional training and training for direct fertilizer production workers;

h) To report annually on fertilizer production, export, and import situations to competent state management agencies or provide ad hoc reports when required;

i) To comply with the provisions of the law on fire prevention and fighting, chemicals, labor, environment, and other relevant laws.

Article 51. Rights and obligations of organizations and individuals trading in fertilizers

1. Organizations and individuals trading in fertilizers have the following rights:

a) To trade in fertilizers recognized for circulation in Vietnam;

b) To be provided with information and guidance on the use and professional training on fertilizers.

2. Organizations and individuals trading in fertilizers have the following obligations:

a) To maintain all conditions for fertilizer trading as prescribed in Article 42 of this Law during the process of fertilizer trading;

b) To store fertilizers in dry places and avoid mixing them with other types of goods that may affect the quality of fertilizers;

c) To check the origin of fertilizers, fertilizer labels, conformity marks, and related documents concerning the quality of fertilizers;

d) To comply with inspections and checks by competent state agencies;

đ) To provide legal documents to trace the origin of fertilizers;

e) To compensate for losses in accordance with the provisions of the law;

g) To guide the use of fertilizers in accordance with the content on the fertilizer label;

h) To comply with the provisions of the law on fire prevention and fighting, chemicals, labor, environment, and other relevant laws.

Article 52. Rights and Obligations of Fertilizer Testing Organizations

1. Fertilizer testing organizations have the following rights:

a) Conduct fertilizer testing based on contracts with requesting organizations or individuals;

b) Be paid for testing costs based on contracts with requesting organizations or individuals.

2. Fertilizer testing organizations have the following obligations:

a) Meet the conditions stipulated in Article 40 of this Law;

b) Carry out objective and accurate fertilizer testing;

c) Adhere to technical standards, procedures, and testing requirements;

d) Report testing results and bear legal responsibility for those results;

đ) Retain field diaries, raw data, testing outlines, and testing result reports for five years from the date of completion of testing;

e) Comply with inspections, audits, and supervision of testing activities by competent state agencies;

g) Compensate for damages in accordance with the law;

h) Submit fertilizer testing outlines to the competent state management agency before conducting testing;

i) Annually report the results of fertilizer testing activities to the Ministry of Agriculture and Rural Development or provide ad hoc reports as required.

Article 53. Rights and Obligations of Fertilizer Sample Collectors

1. Fertilizer sample collectors have the following rights:

a) Receive information related to fertilizer sampling activities;

b) Receive training on fertilizer sampling.

2. Fertilizer sample collectors have the following obligations:

a) Conduct sampling in accordance with national standards for fertilizer sampling, ensuring objectivity;

b) Maintain confidentiality of information and data related to sampling, except when required to report by competent state management agencies;

c) Bear legal responsibility for fertilizer sampling activities.

Article 54. Rights and Obligations of Fertilizer Users

1. Fertilizer users have the following rights:

a) Receive information and guidance on fertilizer use;

b) Request fertilizer trading establishments to guide fertilizer use according to the content on the fertilizer label;

c) Receive compensation for damages in accordance with the law.

2. Fertilizer users have the following obligations:

a) Use fertilizers in accordance with the instructions on the label;

b) Use fertilizers effectively and safely for people, livestock, the environment, and food safety, adhering to the principles of appropriate soil type, crop type, dosage, timing, and method.

3. The Ministry of Agriculture and Rural Development shall develop and disseminate guidelines for fertilizer use in accordance with point b, Clause 2 of this Article.

Chapter IV

CULTIVATION

Section 1

USE OF RESOURCES IN CULTIVATION

Article 55. Use and Protection of Land in Cultivation

1. Local specialized agencies responsible for crop cultivation must base their determination of crop structures on the physical and chemical properties of the land, biological characteristics of crops, and the level of development of science and technology.

2. Areas dedicated to growing rice, vegetables, perennial fruit trees, perennial industrial crops, and ornamental plants shall be planned for stable use by provincial People's Committees, in line with economic development directions, and periodically evaluated for land quality to implement measures for sustainable improvement and use.

Article 56. Conversion of Crop Structure on Paddy Land

1. The conversion of crop structure on paddy land shall be regulated as follows:

a) In accordance with the local land use plan, market demand, water resources, and climate conditions;

b) Forming concentrated production areas for each crop type in conjunction with land consolidation, plot exchange, and production linkage along the value chain;

c) Ensuring efficient exploitation of existing infrastructure; aligning with local plans and directions for improving infrastructure to serve agricultural production;

d) Not eliminating necessary conditions for returning to rice cultivation.

2. The Government shall provide detailed regulations for this Article.

Article 57. Protection and Utilization of Surface Soil Layer of Specialized Paddy Land

1. The surface soil layer of specialized paddy land shall only be used for agricultural purposes; it must be protected and utilized efficiently.

2. Organizations and individuals constructing works on land converted from specialized paddy land must have a plan for utilizing the surface soil layer.

3. The Government shall provide detailed regulations on this Article.

Article 58. Water Irrigation Usage

1. Local specialized agencies responsible for crop cultivation shall determine the appropriate crop structure and planting seasons based on water resource conditions.

2. Organizations and individuals providing irrigation services must ensure water quality according to technical standards and regulations.

3. Organizations and individuals are responsible for using irrigation water efficiently; applying advanced farming techniques to conserve water; reusing water in accordance with laws on water resources, irrigation, and other relevant laws.

Article 59. Utilization of Beneficial Organisms

1. Beneficial organisms in agriculture include those that play roles in stabilizing and enhancing soil fertility, increasing crop resilience and growth potential, preserving and processing crop products and by-products, controlling harmful organisms, pollinating crops, and other beneficial purposes.

2. Organizations and individuals involved in agricultural activities must comply with environmental protection laws, biodiversity conservation, plant protection and quarantine regulations; apply advanced production processes to protect and enhance the effectiveness of beneficial organisms.

3. The Minister of Agriculture and Rural Development shall organize surveys and evaluations of beneficial organism sources to develop appropriate protection and utilization measures; issue a list of beneficial species and strains used in agriculture.

Section 2

USE OF AGRICULTURAL EQUIPMENT AND MATERIALS IN CROP PRODUCTION

Article 60. Agricultural Equipment and Materials in Crop Production

1. Agricultural equipment in crop production includes greenhouses, net houses, machinery and tools for production, irrigation, harvesting, initial processing, storage, and processing.

2. Agricultural materials in crop production include:

a) Plant seeds;

b) Fertilizers;

c) Plant protection chemicals;

d) Growing media, mulch films, moisture-retaining materials;

đ) Chemicals and biological preparations used in crop cultivation not included in points b and c of this clause.

3. Management of the quality of agricultural equipment and materials in crop production shall be carried out in accordance with laws on technical standards and regulations, product quality, and goods.

Article 61. Requirements for the Use of Agricultural Equipment and Materials in Crop Production

1. Organizations and individuals engaged in crop production may only use agricultural materials permitted for circulation under the law; they must follow guidance from specialized agencies or producers of agricultural materials.

2. Organizations and individuals using agricultural materials in crop production must meet requirements for environmental protection, public health, food safety, and limiting the spread of harmful organisms.

3. Organizations and individuals using fertilizers must comply with the principles stipulated in point b of Clause 2, Article 54 of this Law.

4. Organizations and individuals using plant protection chemicals must comply with laws on plant protection and quarantine.

Section 3

DEVELOPMENT OF CONCENTRATED PRODUCTION AREAS AND PRODUCTION LINKAGES

Article 62. Development of Concentrated Commodity Production Areas

1. The development of concentrated commodity production areas must be in accordance with the physical and chemical properties of the soil, climate, water sources, biological characteristics of crops, regional advantages; ensuring the construction of raw material regions linked to processing and markets.

2. Provincial People's Committees shall be responsible for planning and developing proposals for the development of concentrated commodity production areas in line with the master plan.

Article 63. Cooperation and Linkage in Production

1. Develop forms of cooperation and linkage in concentrated commodity production areas based on contracts; create conditions for quality certification and traceability of origin; improve production and business efficiency, ensuring harmonious interests among participating parties.

2. People's Committees at all levels shall have the following responsibilities:

a) Create conditions and support participating parties in negotiating, signing, and fulfilling commitments in cooperation and linkage production contracts;

b) Support the construction of infrastructure, logistics services, and promotion of trade for concentrated commodity production areas.

Article 64. Management and Issuance of Cultivation Area Codes

1. The cultivation area code is a unique identifier for a cultivation area aimed at monitoring and controlling production situations; controlling product quality; tracing the origin of crop products.

2. The State encourages, creates conditions, and implements preferential policies to support organizations and individuals in registering for cultivation area codes.

3. The Ministry of Agriculture and Rural Development shall develop a roadmap and guidelines for issuing cultivation area codes nationwide.

4. Provincial People's Committees shall organize the issuance of cultivation area codes within their jurisdiction according to the roadmap and guidelines of the Ministry of Agriculture and Rural Development.

Section 4

PRODUCTION PROCESSES, APPLICATION OF HIGH TECHNOLOGY AND MECHANIZATION IN AGRICULTURE

Article 65. Production Processes

1. Production processes shall be established for each type of crop.

2. Production processes shall be developed based on research results, technological advancements, and practical experience in agriculture; they shall be revised and supplemented when new technological advancements occur, aligning with practical agricultural production, the level of scientific and technological development, and user capabilities.

Article 66. Application of High Technology in Agriculture

1. High technology is prioritized and encouraged for application in agriculture including:

a) Biotechnology in genetic selection and breeding of crop varieties; diagnosis and identification of plant pests; development of bioproducts and new materials;

b) Water-saving irrigation technology and non-soil cultivation;

c) Production technology under greenhouses and net houses;

d) Information technology applied in forecasting and predicting plant pests; issuing and managing cultivation area codes;

e) Precision agricultural techniques applied in soil science and plant nutrition; automatic control of fertilization and irrigation regimes; semi-automatic and automatic technologies in production lines; analysis of production environment quality and product quality.

2. Priority shall be given to applying high technology specified in point b and point c of Clause 1 of this Article in difficult farming areas, sandy coastal lands, and lands at risk of desertification and degradation.

3. High technology specified in point c of Clause 1 of this Article shall be constructed with appropriate density, reducing greenhouse gas effects.

Article 67. Mechanization in Cultivation

1. Mechanization in cultivation must aim for synchronization and gradual modernization.

2. Investment and infrastructure improvement on farmland must ensure conditions for mechanization implementation.

3. Organizations and individuals when planning production and determining crop structure and planting seasons must ensure conditions for mechanization implementation.

4. Equipment and machinery used in cultivation must be selected to suit actual farmland conditions, scale, nature, and level of cultivation.

Section 5

ORGANIC CULTIVATION

Article 68. Development and Protection of Organic Cultivation Areas

1. Organic cultivation areas must be developed, protected, and have appropriate infrastructure built to ensure they are not contaminated by chemicals from outside sources.

2. Provincial People's Committees shall identify and widely announce organic cultivation areas; issue regulations on cultivation within these areas under their management.

Article 69. Requirements for Organic Cultivation

1. Organizations and individuals engaged in organic cultivation must meet national standards for organic agriculture. In cases of exporting organic agricultural products, requirements of the importing country shall apply.

2. Crop varieties, fertilizers, plant protection chemicals, and other materials used in organic cultivation must comply with organic agricultural standards and relevant technical regulations or be produced from raw materials and methods that conform to organic agricultural standards.

3. Synthetic chemicals, growth stimulants, and genetically modified organisms must not be used during production, harvesting, initial processing, storage, and processing.

4. Labeling of organic agricultural products shall be carried out in accordance with laws on trade and other related laws.

5. The Government shall provide detailed regulations on organic cultivation.

Chapter 6

CULTIVATION ADAPTED TO CLIMATE CHANGE AND ENVIRONMENTAL PROTECTION

Article 70. Cultivation Adapted to Climate Change

1. Appropriate solutions shall be applied in cultivation to adapt to climate change and reduce greenhouse gas emissions.

2. The Ministry of Agriculture and Rural Development shall have the following responsibilities:

a) Determine appropriate solutions to adapt to climate change and reduce greenhouse gas emissions in cultivation;

b) Integrate climate change adaptation and greenhouse gas emission reduction measures when developing and implementing strategies, programs, projects, and plans for crop development.

3. Provincial People's Committees shall organize assessments of the impact of climate change, guide organizations and individuals to apply measures to adapt to climate change and reduce greenhouse gas emissions in cultivation in their respective areas.

4. Encourage organizations and individuals engaged in cultivation to apply measures to adapt to climate change and reduce greenhouse gas emissions.

Article 71. Cultivation on Steep Slopes, Lowlands, Acidic Soils, Saline Soils, Coastal Sandy Soils, and Lands at Risk of Desertification and Degradation

1. Cultivation on steep slopes, lowlands, acidic soils, saline soils, coastal sandy soils, and lands at risk of desertification and degradation must follow production procedures to prevent soil erosion, landslides, sedimentation, and soil degradation, ensuring sustainable development.

2. Organizations and individuals cultivating in the areas specified in Clause 1 of this Article shall enjoy policies stipulated in Article 4 of this Law and other relevant policies as prescribed by law.

3. The Ministry of Agriculture and Rural Development shall promulgate criteria for identifying, management measures, and production procedures on steep slopes, lowlands, acidic soils, saline soils, coastal sandy soils, and lands at risk of desertification and degradation.

4. Provincial People's Committees shall identify and publicize such areas and guide the application of production procedures on steep slopes, lowlands, acidic soils, saline soils, coastal sandy soils, and lands at risk of desertification and degradation.

Article 72. Environmental Protection in Cultivation

1. Organizations and individuals engaged in cultivation must ensure the following requirements:

a) Comply with laws on environmental protection and other relevant legal provisions;

b) Follow the guidance of specialized agencies when using agricultural materials in cultivation that may cause environmental pollution;

c) Collect, process, and utilize crop by-products in accordance with the provisions of Article 76 of this Law.

2. Organizations and individuals must promptly report to the People's Committee of the commune when they discover abnormal signs of environmental pollution that may affect cultivation activities.

Section 7

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS ENGAGED IN CULTIVATION

Article 73. Rights of organizations and individuals engaged in cultivation

1. To organize production independently or link production with other organizations and individuals.

2. To enjoy state policies stipulated in Article 4 of this Law and other policies according to relevant legal provisions.

3. To receive support to restore production in cases of damage caused by natural disasters or epidemics as prescribed by the Government.

4. To be provided and share information on policies, laws, technological progress, technology, crop product markets; training and instruction on cultivation activities.

5. To register for issuance of planting area codes.

6. To be informed and warned about weather conditions, environment, epidemics, and natural disasters.

7. To participate in agricultural insurance as prescribed by the Government.

Article 74. Obligations of organizations and individuals engaged in cultivation

1. To be responsible for the quality and safety of food products from their own cultivation; to compensate for damages in accordance with the law.

2. To use land resources, water resources, beneficial organisms, and infrastructure for their intended purposes, efficiently, sustainably, and economically. To use agricultural materials in cultivation permitted for circulation according to the guidance of specialized agencies or organizations and individuals producing agricultural materials.

3. To apply appropriate production processes to stabilize and improve soil fertility; to limit soil pollution and degradation, and the spread of harmful organisms.

4. To proactively prevent and handle environmental pollution, and control harmful organisms in accordance with laws on environmental protection and plant quarantine. To promptly report to the People's Committee of the commune when environmental pollution occurs or pest outbreaks occur.

5. To adjust crop structures in line with local plans for adjusting crop structures.

6. To fully perform commitments in contracts.

Chapter V

HARVESTING, PRIMARY PROCESSING, STORAGE, PROCESSING, TRADE, AND QUALITY MANAGEMENT OF CROP PRODUCTS

Article 75. Harvesting, Primary Processing, Storage, and Processing of Crop Products

1. Organizations and individuals harvesting, primary processing, storing, and processing crop products must comply with the provisions of this Law and other relevant legal provisions.

2. The harvesting of crop products must minimize losses and ensure quality and economic efficiency.

3. Crop products serving as raw materials for primary processing and processing facilities must have clear origins and ensure quality and safety.

4. Purchasing, storage, and processing facilities must apply appropriate technical measures to ensure the quality and safety of stored crop products.

5. Encouragement is given to establish storage and processing facilities for crop products linked to raw material production areas.

Article 76. Collection, Treatment, and Utilization of Crop By-products

1. Crop by-products must be collected, treated, and utilized appropriately to avoid environmental pollution and the spread of harmful organisms.

2. It is encouraged to use crop by-products as raw materials for producing goods and products.

3. The Minister of Agriculture and Rural Development shall provide detailed regulations on the collection, treatment, and utilization of crop by-products as stipulated in Clause 1 of this Article.

Article 77. Development of Markets and Trade for Crop Products

1. The development of markets and trade for crop products shall be carried out in accordance with the provisions of laws on commerce, foreign trade management, and Clauses 2 and 3 of this Article.

2. Developing the market for crop products includes:

a) Forecasting the market and guiding the development of crop products during each period;

b) Negotiating and implementing market opening; removing barriers to allow Vietnamese crop products to be imported into countries and territories;

c) Establishing wholesale markets; promoting trade and building brands for crop products.

3. Organizations and individuals participating in developing markets for crop product consumption; establishing production-to-consumption value chains; establishing raw material areas serving domestic processing, trade, and export shall enjoy policies stipulated in Article 4 of this Law and other policies according to relevant laws.

Article 78. Export and Import of Crop Products

1. Organizations and individuals importing crop products must have traceability documentation, meeting quality requirements, food safety, and disease safety as prescribed by Vietnamese law.

2. Organizations and individuals exporting crop products shall comply with the requirements of the importing country.

Article 79. Development of Wholesale Markets for Crop Products

1. Wholesale markets for crop products shall be located in concentrated commodity production areas or places with large volumes of crop product consumption.

2. The development of wholesale markets for crop products must be consistent with planning.

Article 80. Rights and Obligations of Organizations and Individuals Harvesting, Preliminary Processing, Storing, Processing, and Trading Crop Products

1. Organizations and individuals harvesting, preliminary processing, storing, processing, and trading crop products have the following rights:

a) To be supported in linking production, processing, and trading value chains for crop products;

b) To enjoy policies stipulated in Article 4 of this Law and other policies according to relevant laws.

2. Organizations and individuals storing, processing, and trading crop products have the following obligations:

a) To comply with the provisions of this Law and other relevant laws;

b) To comply with inspections and examinations by competent state agencies.

Article 81. Management of Quality of Crop Products

1. Crop products shall be managed in terms of quality in accordance with the provisions of laws on technical standards and quality standards for products and goods.

2. Genetically modified crop products used as food must be labeled in accordance with the provisions of laws on food safety and other relevant laws.

Chapter VI

STATE MANAGEMENT OF CULTIVATION ACTIVITIES

Article 82. Responsibilities of the Government, Ministries, and Equivalent Ministries

1. The Government shall uniformly manage state administration over crop production activities throughout the country.

2. The Ministry of Agriculture and Rural Development shall be the lead agency assisting the Government in managing state administration over crop production activities throughout the country and shall have the following responsibilities:

a) Developing strategies, projects, plans; directing and guiding the implementation of crop production activities;

b) Issuing regulations within its authority or submitting to competent authorities for issuance and organizing the implementation of policies, normative legal documents, standards, technical regulations, and production procedures in crop production activities;

c) Organizing the issuance, reissuance, extension, suspension, restoration, revocation, and cancellation of decisions, permits, and certificates in crop production activities within its authority and publishing them on the Ministry's electronic portal;

d) Building information databases; conducting statistics and reporting on crop production activities;

e) Organizing research and application of science and technology; basic surveys, collection, management of information and materials, and international cooperation in crop production activities;

f) Training and enhancing professional knowledge; disseminating, popularizing, and educating the law on crop production activities;

g) Inspecting, supervising, handling complaints and denunciations, and enforcing violations of the law in crop production activities.

3. Ministries and Equivalent Ministries, within their respective tasks and powers, shall have the responsibility to coordinate with the Ministry of Agriculture and Rural Development in performing state management tasks over crop production activities.

Article 83. Responsibilities of People's Committees at all levels

1. The People's Committee of the province, within its tasks and powers, shall have the following responsibilities:

a) Issuing regulations within its authority or submitting to competent authorities for issuance of guidance documents for the organization of law enforcement on crop production activities in its jurisdiction;

b) Issuing plans for adjusting crop structures suitable to local conditions;

c) Directing and organizing the management of crop production activities in its jurisdiction; providing guidance and issuing production procedures suitable to local conditions; organizing crop production;

d) Organizing the dissemination, popularization, and education of laws, training knowledge about crop production activities; building databases on crop production activities in its jurisdiction and updating the national database on crop production;

e) Organizing the issuance, reissuance, extension, suspension, restoration, revocation, and cancellation of decisions, permits, and certificates in crop production activities within its authority and publishing them on the People's Committee's electronic portal of the province;

f) Directing the development of plans, organizing inspections, supervisions, handling complaints and denunciations, and enforcing violations of the law on crop production activities within its authority.

2. The People's Committee of the district, the People's Committee of the commune, within their respective tasks and powers, shall have the following responsibilities:

a) Implementing management contents and measures in crop production activities in their jurisdiction as prescribed by law;

b) Performing state management tasks over crop production activities according to the delegation or authorization;

c) Organizing and implementing the dissemination, popularization, and education of laws on crop production activities in their jurisdiction.

Chapter VII

IMPLEMENTING PROVISIONS

Article 84. Effective Date

1. This Law shall take effect from January 1, 2020.

2. The Plant Variety Ordinance No. 15/2004/PL-UBTVQH11 shall cease to be effective from the date this Law takes effect.

Article 85. Transitional Provisions

1. Decisions recognizing new plant varieties issued in accordance with the Plant Variety Ordinance No. 15/2004/PL-UBTVQH11 shall continue to be valid for ten years for annual plant varieties and twenty years for perennial plant varieties, calculated from the date of issuance of the decision, and may be extended in accordance with this Law. In cases where the remaining validity period of the Decision recognizing a new plant variety is less than three years or exceeds ten years for annual plant varieties, or twenty years for perennial plant varieties, counted from the date this Law takes effect, such decisions shall remain valid for three years from the date this Law takes effect.

2. Decisions recognizing parent plants and Decisions recognizing parent plant nurseries issued in accordance with the Plant Variety Ordinance No. 15/2004/PL-UBTVQH11 shall continue to be valid in accordance with this Law without requiring renewal.

3. Decisions recognizing fertilizers circulating in Vietnam, Production Licenses for fertilizers, Certificates of Eligibility for Fertilizer Production issued before the effective date of this Law shall continue to be valid until their expiration and may be renewed or reissued in accordance with this Law. Certificates of Eligibility for Fertilizer Trade issued before the effective date of this Law shall have the same value as Certificates of Eligibility for Fertilizer Trade stipulated in this Law.

4. National technical standards and national standards in crop production activities issued before the effective date of this Law shall continue to be applied until they are revoked or replaced.

5. Basic testing results on plant varieties conducted before the effective date of this Law shall have the same value as narrow-scale testing results as provided for in this Law.

6. Production testing results on plant varieties conducted before the effective date of this Law shall have the same value as wide-scale testing results as provided for in this Law.

7. Testing results on fertilizers conducted before the effective date of this Law shall continue to be used in accordance with this Law.

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This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 6th session of the 14th term, on November 19, 2018.