Circular No. 42/2009/TT-BNNPTNT on the management of production, business, and use of super original, original, certified rice seeds, parent lines of hybrid rice, and F1 hybrid seeds.

CIRCULAR

Rules on the management of production, business, and use of super foundation seed, foundation seed, certified seed, parent rice varieties for hybrid rice, and F1 hybrid seeds

 super foundation seed, foundation seed, certified seed, parent rice variety for hybrid rice, and F1 hybrid seeds

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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;

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

The Ministry of Agriculture and Rural Development stipulates rules on the management of production, business, and use of super foundation seed, foundation seed, certified seed, parent rice variety for hybrid rice, and F1 hybrid seeds as follows:

Article 1. Scope of Regulation

This Circular stipulates rules on the management of production, business, and use of super foundation seed, foundation seed, certified seed, parent rice variety for hybrid rice, and F1 hybrid seeds (hereinafter referred to as rice seeds).

Article 2. Applicability

Organizations and individuals within Vietnam and foreign organizations and individuals related to activities of producing, trading, and using rice seeds in Vietnam.

Article 3. Explanation of Terms

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

1. Author rice seeds are pure seeds selected and created by the author.

2. Super foundation seed (SNC) rice seeds are rice seeds produced from author rice seeds or restored from foundation seed production according to the super foundation seed restoration process and meet quality standards as prescribed.

3. Foundation seed (NC) rice seeds are rice seeds produced from super foundation seed according to the foundation seed production process and meet quality standards as prescribed.

4. Certified seed rice seeds are rice seeds produced from foundation seed through one or two generations including:

a) First generation certified seed rice (referred to as first generation certified seed, XN1) are rice seeds produced from foundation seed according to the certified seed production process and meet quality standards as specified in TCVN 1776 - 2004.

b) Second generation certified seed rice (referred to as second generation certified seed, XN2) are rice seeds produced from first generation certified seed according to the certified seed production process and meet temporary quality standards as specified in the Appendix of this Circular.

5. Parent rice seeds for hybrid rice are rice seeds of sterile female lines (CMS, TGMS, PGMS) and fertile male lines, produced according to the technical process for producing parent rice seeds for hybrid rice and meet quality standards as prescribed.

6. F1 hybrid rice seeds are rice seeds obtained by crossing a sterile female line (CMS, TGMS, PGMS) with a fertile male line according to the hybrid rice seed production process and meet quality standards as prescribed.

Article 4. Conditions for producing and trading rice seeds

1. Organizations and individuals investing in producing and trading certified rice seeds (XN1, XN2) for commercial purposes must have the following conditions:

a) Have a business registration certificate in the field of plant varieties;

b) Have a production and trading location suitable for producing and trading certified rice seeds;

c) Have material and technical facilities suitable for serving the production, processing, and storage of rice seeds;

d) Have or hire technical staff with at least a diploma in crop production or plant protection or a certificate in rice seed production technology organized by the Crop Production Department or the Department of Agriculture and Rural Development;

đ) The rice variety for production must be included in the list of permitted plant varieties for production and trading;

e) Comply with the Rice Seed Production Process issued by the Ministry of Agriculture and Rural Development for certified seeds.

2. Organizations and individuals investing in producing and trading super foundation seed (SNC), foundation seed (NC), parent rice seeds, and F1 hybrid seeds for commercial purposes, in addition to the conditions stipulated in Clause 1 of this Article, must also meet the following requirements:

a) Register for quality certification of plant varieties in accordance with standards at a quality certification organization before producing seeds;

b) Have or hire technical staff with at least a bachelor's degree in crop production or plant protection;

c) Comply with the Rice Seed Production Process for super foundation seed (SNC), foundation seed (NC), parent rice seeds, and F1 hybrid seeds issued by the Ministry of Agriculture and Rural Development. For the production of super foundation seed (SNC) and foundation seed (NC), the following strict contents must be implemented:

- If the initial material is author rice seeds or super foundation seed, it must go through two seasons to produce super foundation seed and three seasons to produce foundation seed;

- If the initial material is not yet up to standard super foundation seed, it must go through three seasons to produce super foundation seed and four seasons to produce foundation seed;

- Strictly prohibit the production of super foundation seed using single-line selection and multiplication methods.

3. Cooperatives, joint ventures, clubs, and farmer households participating in programs or projects for producing rice seeds with investment and support from authorities or agricultural extension agencies at all levels:

a) For producing foundation seed (NC) and F1 hybrid seeds: Must have all the conditions stipulated in Clauses 1 and 2 of this Article.

b) For producing certified seed (XN1, XN2): Encouraged to have all the conditions stipulated in Clause 1 of this Article or at minimum must meet the following conditions:

- The conditions stipulated in points b, c, d, and e of Clause 1 of this Article;

- The rice variety introduced for production must follow the guidance of the authorities or agricultural extension agencies.

Article 5. Inspection, testing, and certification of rice seed quality

1. Rice seeds produced and traded for commercial purposes by organizations and individuals:

a) SNC, NC rice seeds, parent rice varieties, and F1 hybrid seeds must be inspected, tested, and certified to meet the prescribed standards.

b) Confirmed rice seeds (XN1, XN2) must be inspected and tested; it is encouraged that they be certified to meet the prescribed standards.

c) Seed field inspection, sampling of seed lots, testing, and certification to meet the prescribed standards shall be conducted by designated or recognized inspectors, samplers, laboratories, and certification organizations.

d) All SNC rice seeds and parent seeds of hybrid rice shall be organized for inspection, testing, and certification to meet the prescribed standards by the National Variety Testing and Product Quality Control Center (Crop Production Department).

2. Rice seeds produced and supported by cooperatives, cooperative groups, clubs, or farmer households from programs or projects funded by local authorities or agricultural extension agencies:

a) For NC varieties and F1 hybrid seeds: Follow the provisions set out in points a and c of Clause 1 of this Article.

b) For confirmed rice seeds (XN1, XN2):

- The seed fields must be inspected by persons from the cooperatives, cooperative groups, clubs, or farmer households who have training certificates in rice seed production or by hired inspectors designated or recognized for the purpose.

- Post-harvest seeds intended for sale or exchange for commercial purposes must be sampled and tested for quality by designated or recognized samplers and laboratories.

- Post-harvest seeds intended for exchange according to plans of local authorities or agricultural extension agencies, not for commercial purposes, are encouraged to be tested at designated or recognized laboratories; it is encouraged to label them fully as prescribed or minimally on the packaging with the name of the rice variety; the name of the cooperative, cooperative group, club, or farmer household producing the seeds; the phrase "XN1 Rice Variety" or "XN2 Rice Variety" and the date, month, year of packaging.

- Post-harvest seeds intended for self-use or internal exchange are encouraged to follow these regulations.

3. Provisions on downgrading the quality of rice seeds:

In cases where registered production lots of NC or XN1 seeds only meet lower standards, they may be certified to meet those lower standards; finally, if the lot does not meet the XN2 rice seed standard, it shall not be allowed to be used as seed.

Article 6. Post-inspection of rice seeds

Implemented according to the provisions of Article 7 of the Regulation on Certification of Plant Variety Quality Standards issued together with Decision No. 41/2007/QĐ-BNN dated May 15, 2007, of the Minister of Agriculture and Rural Development.

Article 7. Use of Rice Seeds

1. SNC seeds are only used to produce NC seeds.

2. NC seeds are used to produce XN1 seeds.

3. XN1 seeds are used to produce commercial rice or to produce XN2 seeds.

4. XN2 seeds are only used to produce commercial rice.

5. Parent seeds of hybrid rice are only used to produce F1 hybrid seeds.

6. F1 hybrid seeds are only used to produce commercial rice.

Article 8. Implementation organization

This Circular takes effect 45 days from the date of signature.

2. This Circular replaces the Regulation on Management of Production, Trade, and Use of Super Original, Original, Confirmed, and F1 Hybrid Rice Seeds issued together with Decision No. 53/2006/QĐ-BNN dated June 26, 2006, of the Minister of Agriculture and Rural Development.

3. The Director of the Crop Production Department, the Head of the Ministry's Office, heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Circular.

4. During implementation, if there are difficulties or obstacles, related organizations and individuals should report in writing to the Ministry of Agriculture and Rural Development (Crop Production Department) for timely resolution./.