Decision No. 67/2004/QĐ-BNN On the Issuance of Regulations on Selection, Recognition, Management, and Utilization of Seed Trees and Seed Tree Orchards for Perennial Industrial and Fruit Trees

DECISION OF THE MINISTER

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Regarding the issuance of the Regulation on selection, recognition, management, and utilization of mother trees and mother tree orchards for perennial industrial crops and fruit trees

The Regulation on selection, recognition, management, and utilization of mother trees and mother tree orchards for perennial industrial crops and fruit trees

 

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Goods Quality Ordinance No. 18/1999/PL-UBTVQH10 dated December 24, 1999 of the Standing Committee of the National Assembly;

Pursuant to the Plant Variety Ordinance No. 15/2004/PL-UBTVQH dated March 24, 2004 of the Standing Committee of the National Assembly, term XI;

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 179/2004/NĐ-CP dated October 21, 2004 of the Government stipulating state management over product and commodity quality;

Pursuant to Decree No. 30/2000/NĐ-CP dated August 11, 2000 of the Government regarding the abolition of some permits and the conversion of some permits into business conditions;

Considering the proposal of the Director of the Science and Technology Department and the Director of the Agricultural Department;

 

DECISION:

Article 1. Now promulgates the Regulation on selection, recognition, management, and utilization of mother trees and mother tree orchards for perennial industrial crops and fruit trees.

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

Article 3. The Head of the Office, the Director of the Science and Technology Department, the Director of the Agricultural Department, relevant organizations, and individuals are responsible for implementing this decision./.

           

                                                               REGULATIONS

SELECTION, RECOGNITION, MANAGEMENT AND UTILIZATION OF MOTHER TREES AND MOTHER TREE ORCHARDS FOR PERENNIAL INDUSTRIAL CROPS AND FRUIT TREES

67/2004/QĐ-BNN dated November 24, 2004 of the Minister of Agriculture and Rural Development

(Issued along with Decision No.   1. This Regulation stipulates the procedures for the selection and recognition of mother trees; management and utilization of mother trees and mother tree orchards for perennial industrial crops and fruit trees propagated through vegetative methods.

Article 1. Scope of Regulation and Applicability

2. This Regulation applies to organizations and individuals involved in activities related to the selection and recognition of mother trees; management and utilization of mother trees and mother tree orchards for perennial industrial crops and fruit trees.

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

Article 2. Interpretation of Terms

Mother tree

1. 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...). of perennial industrial crops and fruit trees is an orchard propagated through vegetative methods from mother trees for seedling production.

2. Clonal garden Article 3. Selection of mother trees

1. Organizations and individuals who have mother trees wishing to be recognized must prepare an application for selection and recognition; the application is sent to the Department of Agriculture and Rural Development where the mother tree is located.

a. Application for selection and recognition of mother trees (attached model);

The documents include:

1. Supplementing Point 6a following Article 6 of Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism on the procedures for legal expertise regarding copyright and related rights as follows:  b. Summary report on the discovery process (for natural trees) or cultivation history (for currently cultivated trees);

b.  c. Report on the assessment of growth, development, productivity, quality, and resistance to pests and diseases, and adverse environmental conditions;

d. Results of previous investigations, research, evaluations, or competitions (if any).

2. The Department of Agriculture and Rural Development receives applications for recognition of mother trees from organizations and individuals seeking recognition.

2. Receiving applications

If the application is not valid or incomplete, the Department of Agriculture and Rural Development will notify the organization or individual within 15 days from the date of receipt of the application.

3. Establishment of the Selection Board

a. The Director of the Department of Agriculture and Rural Development issues a Decision to establish the Selection Board for mother trees of perennial industrial crops and fruit trees.

b. The Selection Board consists of 7 to 9 members including: 

Representatives of local state management agencies;

Experts knowledgeable about the crop being selected;

Representatives of associations related to the crop being selected;

The Chairman of the Board is an expert with extensive practical experience in the crop being selected;

The first reviewer is a representative of a specialized research institute or university;

The second reviewer is a representative of the provincial management agency;  The Secretary of the Board is an expert in agriculture.  4. Conducting the selection  The Chairman of the Board appoints a team of experts to directly inspect and evaluate the crop being selected. The team (of 2 to 3 people) works with local officials and district agricultural officers to assess the actual situation, make evaluations, and submit reports to the Board.  CONSTITUTION  The Selection Board reviews the evaluation files concerning productivity, quality, resistance, and other relevant criteria according to the standards for mother trees of each crop type.

The Selection Board prepares a record proposing the recognition of mother trees meeting the standards and sends it to the Department of Agriculture and Rural Development.

4. Conduct the evaluation process

The Chairman of the Council appoints a group of experts to directly inspect and assess the crop for evaluation. The group of experts (consisting of 2-3 individuals) will collaborate with local officials and the County Agricultural Office to examine the actual conditions, evaluate, and prepare a report to submit to the Council.

The Evaluation Council reviews the documentation assessing yield, quality, resistance, and other relevant criteria according to the standards of the leading variety for each type of crop.

The Evaluation Council prepares a record proposing recognition of the leading variety meeting the standards and sends it to the Department of Agriculture and Rural Development.

Article 4. Recognition of Parent Trees

1. The Technical Department under the Department of Agriculture and Rural Development shall base on the application file submitted by organizations and individuals for selection and recognition according to Clause 1 of Article 3 of this Regulation and the minutes of the Selection Committee's proposal. If the application file meets the conditions for recognizing parent trees, the Technical Department shall submit it to the Director of the Department of Agriculture and Rural Development.  2. The Director of the Department of Agriculture and Rural Development shall examine and issue a decision to recognize parent trees.

3. When recognized by the province, parent trees are permitted to be produced and traded in other provinces with suitable ecological conditions.

4. Recognized parent trees will be tagged with a serial number for management purposes. The tag content includes: name of the seedling, recognized serial number, location. The seedling tag is issued by the Department of Agriculture and Rural Development.

Article 5. Management of Parent Trees

1. Organizations and individuals owning recognized parent trees are responsible for managing and caring for them according to the guidance of the Department of Agriculture and Rural Development.

2. The Department of Agriculture and Rural Development is responsible for compiling a list and monitoring, guiding, and managing parent trees within the province, conducting annual inspections, supplements, and modifications to the list of recognized parent trees.

3. Recognized parent trees must undergo periodic reviews every two years. If they no longer meet the standards, they will be removed from the list.

Article 6. Confirmation and Management of Parent Tree Orchards

1. The Department of Agriculture and Rural Development is responsible for inspecting and confirming parent tree orchards that meet the standards for propagation.

12. Citrus parent tree orchards must be protected in standard net houses. Grafting buds, scions, and shoots must be taken directly from the parent tree orchard.

3. Exploitation of citrus propagation orchards shall be carried out according to the guidelines of the Ministry of Agriculture and Rural Development.

Article 7. Rights and Responsibilities of Organizations and Individuals Owning Parent Trees

They have the right to own, reasonably exploit, and use for propagation.

1. Rights:

Organizations and individuals owning parent trees and parent tree orchards must establish a layout diagram of the trees, a record of buyers, time, quantity, and type of parent trees sold, and must provide invoices or confirmations to the buyers.

2. Responsibilities:

Seedlings propagated from parent tree orchards for sale must be labeled according to current regulations.

Organizations and individuals must have plans for conserving, exploiting, and using parent trees and parent tree orchards reasonably.

Annually report to the Department of Agriculture and Rural Development on the growth and development, exploitation, and use of parent trees.  Responsibilities of State Management Agencies

1. The Department of Agriculture and Rural Development is responsible for:

Article 8.  Organizing the selection, recognition of parent trees, and confirmation of parent tree orchards within the provincial territory.

Issuing detailed guidelines on standards for parent trees for those without existing standards.

Guiding the conservation, exploitation, and effective use of parent trees and parent tree orchards within the managed territory.

Maintaining records of parent trees and parent tree orchards (with diagrams). Regularly inspecting, evaluating, and reporting the list of recognized parent trees to the Agricultural Service.

2. The Agricultural Service under the Ministry of Agriculture and Rural Development is responsible for state management of parent trees.

Maintain a logbook tracking the leading variety and the leading variety garden (with a layout diagram). Regularly inspect, evaluate, and report the list of recognized leading varieties to the Directorate of Agriculture.

2. The Directorate of Agriculture under the Ministry of Agriculture and Rural Development is responsible for state management of leading varieties.

Article 9. Costs for Testing and Recognizing Parent Trees

The costs for testing and recognizing parent trees shall be established by the Department of Agriculture and Rural Development and submitted to the People's Committee of the province or the Central Steering Committee for approval.  

Article 10. Complaints and Resolution of Complaints

1. Complaints: Organizations and individuals who disagree with the results of testing parent trees have the right to submit complaints to the Department of Agriculture and Rural Development.

2. The Department of Agriculture and Rural Development shall base its decision on the complaint letter and relevant files for examination and resolution. In necessary cases, the Department may establish a Re-examination Board.  Organizations and individuals involved in testing and recognizing parent trees; managing and using parent trees and parent tree gardens must comply with the provisions set forth in this Regulation.

Article 11. Implementation Provisions

During implementation, if there are difficulties or new issues arise, organizations and individuals must promptly report them in writing to the Agricultural Department for resolution. 

..., date

 

ANNEX

SOCIALIST REPUBLIC OF VIET NAM YEAR

Independence - Freedom - Happiness

––––––––––––––––––––––––––––

 

APPLICATION FOR      the      Year 200

 

 

Testing and Recognizing Parent Trees

of Perennial Industrial and Fruit Trees

Department of Agriculture and Rural Development of the Province (City)

Respectfully submitted to:  Name of organization or individual applying for testing and recognition:

                

     

1.      Name of parent tree applying for testing and recognition:

Fax:

Email/Website:                         2. Intellectual Property Rights Owner:                            Email:

            Origin, location, age of the tree:

2.      Characteristics of the tree:

3.      Yield and quality of the tree:

4.      Applicant organization or individual*

                                          (signature)                                   

                                                  * Individuals need confirmation from local authorities                                         

* Individuals must have confirmation from the local authorities