Circular No. 79/2011/TT-BNNPTNT stipulates on certification and declaration of quality of plant seeds in compliance with technical regulations.

CIRCULAR

Regulations on certification and announcement of quality of plant seeds in compliance with technical standards

______________________________

Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-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 Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Product Quality and Goods dated November 21, 2007;

Pursuant to the Ordinance on Plant Varieties dated April 5, 2004;

The Minister of Agriculture and Rural Development hereby stipulates regulations on certification and announcement of quality of plant seeds in compliance with technical standards as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular prescribes the procedures and formalities for certification and announcement of compliance with technical standards for plant seeds listed in Group 2 Products and Commodities issued by the Ministry of Agriculture and Rural Development;

2. This Circular applies to organizations and individuals, both domestic and foreign, involved in activities related to production, business, and certification of plant seed quality in compliance with technical standards.

Article 2. Interpretation of Terms

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

1. Plant seeds listed in Group 2 Products and Commodities include rice, corn, soybean, peanut, and potato seeds issued under Circular No. 50/2010/TT-BNNPTNT dated August 30, 2010, amending and supplementing the list of Group 2 Products and Commodities issued together with Circular No. 50/2009/TT-BNNPTNT dated August 18, 2009, of the Ministry of Agriculture and Rural Development, and other types of plant seeds when added according to the regulations of the Ministry of Agriculture and Rural Development;

2. Lot code is the code assigned to a lot of seeds according to the regulations for identification and traceability of origin;

3. Pre-inspection is the planting of a sample of the lot of seeds on experimental plots to check for seed purity and true-to-type before the lot of seeds is granted a certificate of compliance with technical standards;

4. Post-inspection is the planting of a sample of the lot of seeds on experimental plots to check for seed purity and true-to-type after or simultaneously with the time the lot of seeds is used;

5. Certification of plant seed quality in compliance with technical standards (referred to as conformity certification) is the process where a certifying organization evaluates and confirms that the plant seed quality meets the corresponding technical standards;

6. Certified seed variety 1 (XN1) is seed produced from original certified seed through the certified seed production process and meets the quality standards set out in QCVN 01-54 : 2011/TTBNNPTNT;

7. Certified seed variety 2 (XN2) is seed produced from certified seed variety 1 through the certified seed production process and meets the quality standards set out in QCVN 01-54 : 2011/TTBNNPTNT.

Article 3. Basis for conformity announcement and conformity mark

1. For super-original certified seed, parent lines of hybrid seeds, and F1 hybrid seeds: Conformity announcement is based on the results of conformity certification by designated certifying organizations;

2. For original certified seed and certified seed: Conformity announcement is based on the results of conformity certification by designated certifying organizations or self-assessment results of conformity of organizations and individuals producing and trading in plant seeds;

3. The conformity mark shall be implemented in accordance with Clause 2, Article 4 of Decision No. 24/2007/QĐ-BKHCN dated August 29, 2007 of the Minister of Science and Technology on the issuance of regulations on conformity certification and standard conformity announcement, conformity certification.

Article 4. Designation and Management of Activities of Quality Seed Certification Organizations

1. Conditions, application forms, procedures for designating and managing activities of certification organizations shall be implemented according to the provisions set forth in Circular 32/2010/TT-BNNPTNT dated June 17, 2010 on sample takers, inspectors, quality seed certification organizations, plant product certification, and fertilizer certification.

2. The evaluation staff of certification organizations include field inspectors, sample takers, and laboratory analysts.

3. For certification organizations that are seed production and trading enterprises, they must have a quality management system and a certification department ensuring independent and objective operations separate from production, trading, marketing, financial, and organizational units within the same entity.

Chapter II

QUALITY CONFORMANCE CERTIFICATION AND SELF-ASSESSMENT OF CONFORMANCE

Article 5. Registration and Certification Conformance Contract

1. Organizations and individuals producing or trading super original seeds, parent lines of hybrid seeds, and F1 hybrid seeds: before commencing production or import, they must register for conformance certification with a designated certification organization; for other seed grades, they must register for conformance certification or self-assessment of conformance in accordance with the provisions of Article 12 of this Circular.

2. The registration form for conformance certification, in accordance with Appendix 1 of this Circular, applies to domestically produced seeds or Appendix 2 of this Circular applies to imported seeds, shall be submitted to the certification organization mentioned in Clause 1 of this Article.

3. After receiving the registration form, the certification organization shall enter into a conformance certification contract with the registering organization or individual.

Article 6. Methods and Procedures for Conformance Certification

1. Conformance certification is applied according to Method 7: Testing and Evaluation of Product Lots as stipulated in Decision No. 24/2007/QĐ-BKHCN dated September 28, 2007 of the Minister of Science and Technology on the issuance of regulations on conformance certification and standard announcement, and conformance certification.

2. Procedures for conformance certification

a) For domestically produced seeds, it includes the following steps:

- Field inspection of seed plots;

- Sampling of seed lots;

- Laboratory testing of samples;

- Pre-inspection (for mother lines of two-line hybrid rice and F1 hybrid rice lots suspected during the inspection process);

- Issuing a Certificate of Conformance.

b) For imported seeds, it includes the following steps:

- Sampling of seed lots;

- Laboratory testing of samples;

- Issuing a Certificate of Conformance.

Article 7. Field Inspection of Seed Plots

1. Field inspection of seed plots shall be conducted by designated inspectors or those holding training certificates issued by certification organizations, or those contracted by such organizations.

2. The method of field inspection of seed plots shall comply with the relevant technical standards.

3. Only seed plots that pass the field inspection in accordance with technical standards may be harvested for use as seeds.

4. The inspection report shall be in the format specified in Appendices 3, 4, and 5 of this Circular.

Article 8. Sampling and Sample Storage of Seeds

1.1. The procedure for sampling cigarette products for quality control inspection is carried out in accordance with the guidance provided in Circular No. 01/2024/TT-BKHCN dated January 18, 2024 issued by the Minister of Science and Technology on state quality control inspections of goods circulating in the market.

a) Sampling shall be carried out by designated sample takers or those holding training certificates issued by certification organizations, or those contracted by such organizations.

b) The sampling method shall comply with the relevant technical standards.

Each seed lot shall be sampled in duplicate: half sent to the certification organization, and half retained at the production facility where the seed lot is located.

c) For seed lots requiring pre-inspection or post-inspection, an additional sample (minimum weight of 250 grams) shall be taken for pre-inspection or post-inspection.

2. Storing Seed Samples

Seed samples must be stored under appropriate conditions for at least six months from the date of receipt.

Article 9. Sample Testing of Seed Varieties

1. A batch of domestically produced seed varieties with a field inspection report meeting the requirements or a batch of imported seed varieties with a customs declaration may be subject to sample testing.

2. Sample testing of seed varieties shall be conducted by a laboratory designated or recognized for this purpose.

3. The testing methods shall comply with the technical standards specified in the relevant technical regulations.

4. The test result certificate for seed variety samples shall follow the model forms in Appendices 6, 7, and 8 of this Circular.

Article 10. Pre-testing

1. Batches of mother lines of two-line hybrid rice varieties produced domestically with field inspection results meeting the requirements or batches of F1 hybrid rice seeds suspected during the inspection process shall undergo pre-testing to accurately assess their true identity and purity.

2. The pre-testing methods shall comply with the technical standards specified in the relevant technical regulations.

3. The pre-testing result report shall follow the model form in Appendix 9 of this Circular.

Article 11. Issuance of Compliance Certificates

1. A batch of crop seed varieties shall be issued a Compliance Certificate according to the model forms in Appendices 10 and 11 of this Circular when it meets the following requirements:

a) For domestically produced batches of seed varieties, there must be field inspection results, sample testing results, and pre-testing results (for mother lines of two-line hybrid rice varieties and F1 hybrid rice seeds suspected during the inspection process).

b) For imported batches of seed varieties, the sample testing results must comply with the technical standards.

2. Each batch of seed varieties shall be issued one Compliance Certificate. The Compliance Certificate shall be issued by the certification organization that has granted the compliance certificate for that batch of seed varieties from the original record book or certified by the competent authority.

3. In cases where the registered production batch of crop seed varieties is a basic seed variety or a confirmed seed variety (for rice), but only meets the lower standard level, a Compliance Certificate for the lower standard level shall be issued if the batch owner requests it in writing.

4. For hybrid rice seed varieties, if there is suspicion regarding different grain quality indicators that can be distinguished, the certification organization will still issue a Compliance Certificate after receiving a written commitment from the batch owner guaranteeing the quality and compensating for losses caused by seed quality issues; at the same time, post-testing of the batch sample will be conducted.

Based on the provisions of Articles 5, 6, 7, 8, 9, and 10 and Clauses 1, 2, 3, and 4 of this Article, the certification organization shall provide specific guidance on the procedures, submission deadlines, evaluation, and issuance of Compliance Certificates for batches of seed varieties that meet technical standards.

Article 12. Self-Assessment of Compliance

Organizations and individuals producing and trading in seed varieties shall conduct self-assessment of compliance for basic seed varieties and confirmed seed varieties according to the following procedures:

1. Field inspection of seed plots shall be carried out by inspectors designated or trained by organizations and individuals producing and trading in seed varieties or contracted to perform the task in accordance with Clause 2, Clause 3, and Clause 4 of Article 7 of this Circular.

2. Sampling of seed batches shall be performed by samplers designated or trained by organizations and individuals producing and trading in seed varieties or contracted to perform the task.

3. Seed samples shall be analyzed in a laboratory designated or recognized for this purpose.

4. Only batches of seed varieties with field inspection results and sample testing results complying with technical standards may be used for commercial purposes (sale, exchange).

Article 13. Post-inspection

1. Mandatory post-inspection for seed samples suspected during testing, as required by the competent state management agency. Encouragement for post-inspection of other seed samples.

2. The post-inspection method shall be in accordance with the relevant technical standards.

3. In case the post-inspection seed sample does not meet quality requirements, the entity conducting the post-inspection shall prepare a record confirmed by the organization or individual holding the post-inspection sample and the organization that issued the conformity certificate for the batch of seeds. If the organization or individual holding the post-inspection sample or the certification organization intentionally refuses to confirm, the record remains valid with the signature and seal of the post-inspection entity and serves as grounds for handling violations according to regulations.

4. Within the latest 15 (fifteen) days after completing the post-inspection, the entity conducting the post-inspection shall submit a report on the post-inspection results in the format of Appendix 9 of this Circular to the Crop Cultivation Department, the competent state management agency requesting the post-inspection, the owner of the seed batch, and the organization or individual assessing the quality conformity of that seed batch.

Article 14. Batch Seed Code

1. Each batch of seeds must have a unique code for tracking and unified management, maintained throughout the process from production, storage, trading, and use of the seed batch.

2. Organizations and individuals producing and trading seeds shall assign batch seed codes in accordance with Clause 3 of this Article; use the batch seed code for internal management and registration with the quality certification organization.

3. The batch seed code consists of six contents in the following sequence: province (or centrally administered city) code; organization or individual producing and trading seeds code; crop species code; grade code; season and year of production or importation code; batch seed code produced or imported in the year.

a) Province, city code is set according to the telephone area code in the format of Appendix 12 of this Circular.

b) Organization or individual producing and trading seeds code is defined by the Department of Agriculture and Rural Development where the organization or individual is registered to operate and reported to the Crop Cultivation Department in the format of Appendix 13 of this Circular.

c) Crop species code, grade code, season and year of production or importation code are set according to the format of Appendix 14 of this Circular.

d) Batch seed code

- For domestically produced seed batches: the batch seed code is the serial number of the seed field batch assigned by the organization or individual producing seeds at the start of seed production according to the format of Appendix 14 of this Circular.

- For imported seed batches: the batch seed code is the serial number of the seed batch assigned by the organization or individual importing seeds at the time of importation according to the format of Appendix 14 of this Circular.

4. Organizations and individuals producing and trading plant seeds, in addition to complying with product labeling regulations, must print the batch seed code or batch seed code on packaging.

Article 15. Seed Batch Documentation

1. For seed batches certified by the certification organization, including: declaration form, inspection record, customs declaration form, sampling record, seed sample card, receipt form, test result form, pre-inspection results, copy of the conformity certificate in the format of Appendices 10 and 11 of this Circular, post-inspection results (if any), and stored at the certification organization.

2. For seed batches self-assessed for conformity by organizations and individuals producing and trading plant seeds, including: inspection record, sampling record, test result form, and stored at the organization or individual producing and trading plant seeds.

Article 16. Fees for conformity certification

Conformity certification fees shall be paid by organizations or individuals applying for quality certification according to the provisions of laws on fees and charges; in cases where there are no such provisions, the parties shall agree upon them in the contract.

Chapter III

ACCEPTANCE OF THE CONFORMITY DECLARATION FOR PLANT SEEDLINGS

Article 17. Procedures for accepting the conformity declaration

1. Organizations or individuals declaring conformity shall submit one set of conformity declaration documents through postal service or directly deliver them to the Department of Agriculture and Rural Development at the location where they have registered their activities in plant seedling production and business.

a) In cases where the conformity declaration is based on the results of conformity certification by a certifying organization, the documents shall include:

- A conformity declaration form according to Appendix 15 of this Circular;

- A certified copy if submitted via postal service or an uncertified copy with the original available for verification if submitted directly; a certificate of conformity for each batch of representative seeds produced and sold issued by the designated certifying organization;

- A brief description of each plant variety produced and sold (variety name, origin, main characteristics, usage instructions, technical requirements).

b) In cases where the conformity declaration is based on self-assessment results by organizations or individuals engaged in plant seedling production and business, the documents shall include:

- A conformity declaration form according to Appendix 15 of this Circular;

- The original field inspection record according to Appendix 5 of this Circular and the test result report of one representative batch of seeds produced and sold issued by a recognized or designated testing laboratory;

- A brief description of each plant variety produced and sold (origin, main characteristics, usage instructions, technical requirements);

- The seed production process and quality control plan established and implemented according to the model specified in Appendix 11 of Circular No. 83/2009/TT-BNNPTNT dated December 25, 2009 guiding conformity certification and declaration activities under the management of the Ministry of Agriculture and Rural Development, or a certified copy of the ISO 9001 standard compliance certificate in cases where the organization or individual declaring conformity has a quality management system certified as compliant with the ISO 9001 standard.

2. Time limit for accepting the conformity declaration

a) In cases where the documents do not meet the requirements:

- For documents sent via postal service: Within three working days from the date of receipt, the Department of Agriculture and Rural Development shall notify the organization or individual in writing about the points and contents that are not in compliance to complete the documents;

- For documents submitted directly: Upon receiving and checking the documents, if they are incomplete, the staff shall return the documents and guide the organization or individual to supplement and complete the documents.

b) In cases where the documents are complete: Within five working days from the date of receipt of the documents, the Department of Agriculture and Rural Development shall notify the organization or individual declaring conformity in writing about the acceptance of the declaration according to the model in Appendix 16 of this Circular.

c) The time taken by organizations or individuals to complete the documents shall not be included in the processing time limit for the documents.

Article 18. Responsibilities of organizations or individuals declaring conformity

Implement the provisions stipulated in Article 13 of Circular No. 83/2009/TT-BNNPTNT dated December 25, 2009.

Chapter IV

IMPLEMENTATION

Article 19. Responsibilities of organizations and individuals

1. The Crop Cultivation Department is responsible for:

a) Submit to the Ministry for issuance and implementation guidance on regulatory legal documents, technical standards, and production procedures related to conformity certification activities;

b) Guide recognized or designated certification organizations to fulfill their functions and tasks; improve management systems and capabilities in accordance with regulations. Designate and manage the activities of testing laboratories and quality certification organizations for crop seeds nationwide;

c) Direct the National Seed Testing and Product Certification Center to train staff of certification organizations, sample collectors, inspectors, testers, and post-certification seed inspectors; implement lead responsibilities for professional supervision; compile inspection, testing, and conformity certification results nationwide;

d) Inspect, handle violations, resolve complaints and denunciations regarding conformity certification activities nationwide;

e) Direct conformity certification activities in the seed sector; annually report to the Ministry of Agriculture and Rural Development on the results of conformity certification activities;

2. Departments of Agriculture and Rural Development are responsible for:

a) Specify the code number of organizations and individuals producing and trading seeds within their jurisdiction and notify the Crop Cultivation Department as stipulated in Point b Clause 3 Article 14 of this Circular;

b) Organize inspections, audits, and resolution of complaints and denunciations related to seed quality certification activities that comply with technical standards within their jurisdiction;

c) Accept conformity declarations and notify the acceptance of conformity declaration documents from organizations and individuals producing and trading seeds within their jurisdiction;

d) Compile quarterly reports on accepted conformity declarations and submit them to the Crop Cultivation Department;

3. Quality certification organizations have the responsibility to:

a) Conduct conformity certification:

- For ultra-pure parent seeds and pure parent seeds of hybrid rice: The National Seed Testing and Product Certification Center;

- Hybrid rice F1 produced domestically: The National Seed Testing and Product Certification Center and other certification organizations not involved in seed production and trade;

- Other levels of seeds: All designated certification organizations;

b) Implement post-certification inspections as stipulated in Article 13 of this Circular;

c) Regularly send reports on seed conformity certification results to the Crop Cultivation Department according to the form specified in Appendix 17 of this Circular every six months;

4. Organizations and individuals producing and trading seeds

a) Organizations and individuals producing and trading seeds for commercial purposes have the responsibility to:

- Register for conformity certification or self-assess conformity according to this Circular;

- Maintain lot seed records as stipulated in this Circular;

- Conduct conformity declarations according to this Circular;

- Pay conformity certification fees as stipulated in Article 16 of this Circular;

b) Cooperatives, joint ventures, clubs, and farmer households funded or supported by state budget for confirmed seed production and exchange according to government plans or agricultural extension agencies, not for commercial purposes:

- Inspect seed fields according to this Circular;

- Encourage sampling, testing, declaring conformity, and using conformity marks according to this Circular;

- Encourage complete labeling according to regulations or at least include the seed name; cooperative, joint venture, club, or household producer name; "Confirmed Seed" or "Seed XN1" or "Seed XN2" and packaging date on the packaging;

c) Organizations and individuals selling seeds must have original or copies of: Notifications of accepted conformity declarations; certificates of conformity for seed lots or field inspection records and test result sheets (in cases of self-assessment) for each seed lot;

Article 20. Implementation Provisions

1. This Circular takes effect 45 days from the date of signature and replaces Decision 41/2007/QD-BNN dated May 15, 2007 of the Ministry of Agriculture and Rural Development on seed quality certification meeting standards; replaces Clause 4 Article 3 and Article 5 of Circular 42/2009/TT-BNNPTNT dated July 10, 2009 of the Ministry of Agriculture and Rural Development on the management of production, trade, and use of ultra-pure parent, pure parent, confirmed, and hybrid parent rice seeds and F1 hybrid seeds;

2. Entrust the Crop Cultivation Department to be the focal point for monitoring and implementing this Circular. During the implementation process, if there are difficulties or obstacles, relevant organizations and individuals should reflect these issues to the Ministry of Agriculture and Rural Development (Crop Cultivation Department) for prompt resolution./.