Decision No. 35/2008/QD-BNN Issuing Regulations on Management of Crop Seed Production for Farm Households

Pursuant to …;

Regarding the Issuance of Regulations on the Management of Farm Household Crop Seed Production

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THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

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

Pursuant to Decision No. 17/2006/QĐ-TTg dated January 20, 2006 of the Prime Minister regarding the continued implementation of Decision No. 225/1999/QĐ-TTg dated December 10, 1999 on the Plant Variety Program, Livestock Variety Program, and Forestry Variety Program until 2010;

At the proposal of the Director of the Crop Production Department,

DECISION:

Article 1. The attached Decision promulgates "Regulations on the Management of Farm Household Crop Seed Production."

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Heads of the Office of the Ministry, the Director of the Crop Production Department, the Head of the Science and Technology Department, the Directors of the Departments of Agriculture and Rural Development of provinces and centrally-administered cities, and the Heads of relevant units, organizations, and individuals are responsible for implementing this Decision.

REGULATIONS

On the Management of Farm Household Crop Seed Production

(Attached to Decision No. 35/2008/QĐ-BNN dated February 15, 2008 of the Minister of Agriculture and Rural Development)

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Article 1Scope of regulation and applicable subjects

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This document stipulates certain management contents concerning activities such as the preservation, conservation, exploitation of local germplasm and crop varieties; the selection and creation of new crop varieties; production and exchange of crop seeds within communities or circulation on the market;

2. Scope of Application

These regulations apply to farm households, cooperatives, agricultural cooperatives, and clubs (hereinafter referred to as farm households) participating in the activities mentioned in Clause 1 of this Article.

Article 2. Farm Household Crop Varieties

Farm household crop varieties are those selected, produced by farm households for use, exchange, or circulation on the market.

Article 3. Objectives of Managing Farm Household Crop Varieties

1. Encourage farm households to participate in the preservation, conservation, and effective exploitation of local crop germplasm, and the selection and creation of new crop varieties.

2. Create favorable conditions for farm households to produce high-quality crop seeds at low costs to meet production requirements.

Article 4. Collection, Conservation, and Exploitation of Germplasm and Local Crop Varieties

1. Farm households may participate in activities such as collection, preservation, conservation, exploitation, and utilization of germplasm and local crop varieties in accordance with the laws on plant varieties.

2. Methods of implementing the activities mentioned in Clause 1 of this Article:

a) Farm households directly establish research topics and investment projects to submit to the People's Committees of provinces and centrally-administered cities for approval and organization of implementation;

b) Farm households participate in research topics and projects led by other agencies;

c) Farm households with registered crop varieties as parent lines or parent line gardens implement according to Decision No. 67/2004/QĐ-BNN dated November 24, 2004 of the Minister of Agriculture and Rural Development on the Regulation on Selection, Recognition, Management, and Utilization of Parent Lines and Parent Line Gardens of Industrial Crops and Long-term Fruit Trees;

d) Funding for the work of collecting, preserving, conserving, exploiting, and utilizing germplasm and local crop varieties is supported by the state budget according to approved projects, including:

- Central government funding supports projects approved by central ministries and sectors;

- Provincial government funding supports projects approved by provincial people's committees.

Article 5. Research on the Selection and Creation of New Crop Varieties and the Revival of Old Crop Varieties

1. Farm households may participate in registering to implement scientific research topics on the selection and creation of new crop varieties and the revival of old crop varieties with the Science and Technology Departments of provinces and centrally-administered cities or with the Science and Technology and Environment Department of the Ministry of Agriculture and Rural Development according to Decision No. 36/2006/QĐ-BNN dated May 15, 2006 on the Management of Scientific Research Topics and Projects of the Minister of Agriculture and Rural Development.

2. New crop varieties created by farm households can be directly or through authorization to another local or central organization to register for testing, trial production, and recognition of the variety according to Decision No. 95/2007/QĐ-BNN dated November 27, 2007 of the Minister of Agriculture and Rural Development on the Recognition of New Agricultural Crop Varieties.

Article 6. Protection of New Crop Varieties

Farm households that are authors of newly created crop varieties, when registering protection rights for these varieties, shall comply with the provisions of the Intellectual Property Law and Decree No. 104/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Intellectual Property Law on Rights to Plant Varieties.

Article 7. Sources of Funding Support for Farm Household Seed Activities

1. Farm households producing seeds in centralized seed production areas under the province's seed program for the period 2006-2010 will receive local government funding support for infrastructure construction, equipment procurement, and seed production and processing facilities according to Decision No. 17/2006/QĐ-TTg dated January 20, 2006 of the Prime Minister on the Continued Implementation of Decision No. 225/1999/QĐ-TTg dated December 10, 1999 on the Seed Program, Livestock Variety Program, and Forestry Variety Program until 2010 and Circular Jointly Issued No. 15/2007/TTLT-BTC-BNN&PTNT dated March 8, 2007 of the Ministry of Finance and the Ministry of Agriculture and Rural Development on the Management and Use of State Budget Funds for the Seed Program, Livestock Variety Program, and Forestry Variety Program.

2. Funding for testing, trial production, recognition of new crop varieties, selection of parent lines and parent line gardens, and registration of protection rights for newly created crop varieties by farm households will be supported by the state budget. Specific levels of support are approved by the Chairmen of the People's Committees of provinces and centrally-administered cities based on proposals from the Departments of Agriculture and Rural Development.

Article 8. Production, Exchange, and Circulation of Farm Household Crop Seeds

1. A farming household producing planting material for self-use or exchange within the administrative unit of a district does not necessarily have to meet all the conditions for production as stipulated in Clause 1, Article 36 of the Plant Variety Law. If producing planting material for perennial industrial crops and fruit trees through vegetative propagation, it must be propagated from mother plants or mother orchards.

2. A farming household producing planting material with commercial purposes

a) For varieties listed in the main crop variety catalogue, they must comply with the conditions as specified in Clause 1, Article 36 of the Plant Variety Law.

b) For perennial industrial crops and fruit trees, they must comply with the conditions as specified in Clause 1, Article 38 of the Plant Variety Law.

c) They must implement regulations on publication, testing, certification of quality, and labeling of goods as prescribed by law.

Article 9. Implementation

2. Department of Agriculture and Rural Development

a) Serve as the focal point for managing and guiding the activities of household planting material nationwide.

b) Organize specialized scientific and technological councils to review the results of trials, propose recognition and dissemination for new crop varieties created by households.

c) Direct the selection, recognition, and management of mother plants and mother orchards of perennial fruit trees and industrial crops throughout the country.

d) Direct the National Variety Testing and Product Quality Control Center; the Office for Plant Variety Protection, assist and guide localities and households in implementing activities such as trials, experimental production, recognition, and registration for plant variety protection.

2. The Department of Science, Technology, and Environment

a) Guide localities in assisting households in registering, developing, and implementing projects on collecting, conserving, and utilizing crop germplasm, restoring crop varieties, and researching new crop varieties for approval by competent authorities.

b) Coordinate with the Crop Production Department to inspect and review the results of trials of new crop varieties selected by farmers.

3. Research Institutes under the Ministry related to crop varieties

Provide advice and assistance to farmers in the work of conserving, storing, exploiting germplasm and crop varieties, restoring crop varieties, and researching new crop varieties.

4. The National Agricultural Extension and Fisheries Promotion Center.

Direct the agricultural extension system to support farmers in training and technical guidance in activities related to household planting material, building demonstration models of varieties restored and selected by households.

5. Departments of Agriculture and Rural Development of provinces and cities

a) Directly manage and guide activities related to household planting material within their jurisdiction.

b) Develop and submit to the provincial People's Committee for approval funding to support activities related to household planting material as stipulated in Article 7 of this Regulation.

c) Direct the local agricultural extension system to train, provide guidance, and build demonstration models for household planting material production.

Article 10. Implementation Provisions

1. Organizations and individuals involved in activities related to the conservation, exploitation, and utilization of local crop germplasm and varieties; the creation of new crop varieties; the production and exchange of planting material within communities or circulation in the market, if they violate the provisions of the law, depending on the severity, will be subject to administrative penalties or criminal liability as prescribed by law.

2. During implementation, if there are difficulties or new issues arise, organizations and individuals related to household planting material should report in writing to the Ministry of Agriculture and Rural Development for timely consideration and resolution./.