Decree No. 79/2023/ND-CP detailing certain provisions and measures for implementing the Intellectual Property Law regarding rights to plant varieties

DECREE

DETAILING CERTAIN PROVISIONS AND MEASURES FOR IMPLEMENTATION OF THE INTELLECTUAL PROPERTY LAW REGARDING RIGHTS TO PLANT VARIETIES

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Pursuant to the Law Credit organizations on The Government issued Decree No. 121/2015/NĐ-CP on June 19, 2015; Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration on November 22, 2019; Government and the Law on Local Administration Organization on November 22, 2019;

Pursuant to the Intellectual Property Law dated November 29, 2005; Law Amending and Supplementing Certain Provisions of the Intellectual Property Law dated June 19, 2009; Law Amending and Supplementing Certain Provisions of the Insurance Business Law and the Intellectual Property Law dated June 14, 2019 and Law Amending and Supplementing Certain Provisions of the Intellectual Property Law dated June 16, 2022;

Pursuant to the Law on Crop Production dated November 19, 2018;

At the proposal of the Minister of Agriculture and Rural Development;

The Government issues this Decree detailing certain provisions and measures for implementation of the Intellectual Property Law regarding rights to plant varieties, including: procedures and formalities for establishing rights to plant varieties; rights to plant varieties that are results of science and technology tasks funded by the state budget; rights and obligations of owners of Plant Variety Protection Certificates and authors of plant varieties; transfer and assignment of rights to protected plant varieties; representation of rights to plant varieties. 3.3.1. Preparation of tools and materials. plant varieties.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details certain provisions and measures for implementing the Intellectual Property Law regarding rights to plant varieties, including: procedures and formalities for establishing rights to plant varieties; rights to plant varieties that are the result of science and technology tasks funded by the state budget; rights and obligations of the owner of the Plant Variety Protection Certificate and the breeder of the plant variety; transfer and assignment of rights to protected plant varieties; representation of rights to plant varieties.

Article 2. Applicability

1. Organizations and individuals of Vietnam.

2. Foreign organizations and individuals are citizens of member states of the International Union for the Protection of New Varieties of Plants (hereinafter referred to as UPOV) or countries with international agreements with the Socialist Republic of Vietnam on the protection of plant varieties; foreign individuals residing in Vietnam or having production and business establishments for plant varieties in Vietnam; foreign organizations having production and business establishments for plant varieties in Vietnam; organizations and individuals residing or having production and business establishments for plant varieties within the territory of member states of UPOV.

3. Organizations and individuals engaged in activities related to the protection of plant varieties.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. The applicant is an organization or individual entitled to apply for protection of plant varieties in accordance with Clause 2, Article 164 of the Intellectual Property Law 2005, amended by Clause 66, Article 1 of the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2022.

2. The owner of the Plant Variety Protection Certificate is an organization or individual granted the Plant Variety Protection Certificate.

3. The author of a plant variety is an organization or individual directly selecting or discovering and developing a new plant variety; where two or more organizations or individuals jointly select or discover and develop a new plant variety, they are co-authors.

Discovering and developing a new plant variety involves the activity of selecting natural variations already present in a population of a plant variety or finding a new gene source available in nature, propagating and evaluating such natural variation.

Technical testing (hereinafter referred to as DUS testing) is the examination of distinctness, uniformity, and stability of a plant variety.

DUS testing documentation includes: Vietnamese Technical Standards (TCVN), DUS testing guidelines published by UPOV or member states of UPOV or countries cooperating with Vietnam on plant variety protection, or issued by the Ministry of Agriculture and Rural Development.

Article 4. General provisions on the implementation of administrative procedures under this Decree

1. Submission of documents for administrative procedures: Organizations and individuals submit one set of documents directly or send them through postal services or via electronic environment to the Ministry of Agriculture and Rural Development.

2. Time limit for responding to the completeness of the document set:

a) In case of direct submission: The Ministry of Agriculture and Rural Development checks the completeness of the document set and immediately responds to the organization or individual regarding the completeness of the document set;

b) In case of submission through postal services: Within a maximum of three working days from the date of receipt of the documents, the Ministry of Agriculture and Rural Development examines the completeness of the document set; if the documents are incomplete according to regulations, it will notify the organization or individual in writing;

c) In case of submission through electronic environment: Within a maximum of one working day from the time of receiving the documents, the Ministry of Agriculture and Rural Development examines the completeness of the document set; if the documents are incomplete according to regulations, it will notify the organization or individual.

3. Documents submitted through the electronic environment shall be implemented in accordance with the provisions of Government Decree No. 45/2020/NĐ-CP dated April 8, 2020 on the implementation of administrative procedures in the electronic environment.

4. Method of delivering results: The Ministry of Agriculture and Rural Development delivers the results of administrative procedures directly at the one-stop service window or sends them through postal services or via the electronic environment.

Article 5. List of Plant Varieties

The list of plant varieties prescribed in point b, Clause 2, Article 160 of the Intellectual Property Law 2005, amended and supplemented in Clause 19, Article 1 of the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2009 includes plant varieties listed in the Catalogue of Plant Varieties permitted for production and business issued by the Ministry of Agriculture and Rural Development; plant varieties recognized for circulation, special recognition for circulation, self-declaration for circulation, officially recognized; the list of forestry plant varieties in Vietnam issued by the Ministry of Agriculture and Rural Development and the list of plant varieties in other countries.

Chapter II

PROCEDURE AND ADMINISTRATIVE PROCEDURES FOR ESTABLISHING RIGHTS TO PLANT VARIETIES

Article 6. Registration for protection of plant varieties

1. The application for registration for protection of plant varieties includes the following documents:

a) A registration form for protection of plant varieties in accordance with Model No. 01 promulgated together with this Decree. Each page must have the signature of confirmation of the parties or the stamp of overlap;

b) Technical declaration form

In case the registered variety belongs to a species of plants that already has a DUS Testing Report: Use the technical declaration form in that DUS Testing Report;

In case the registered variety belongs to a species of plants that does not yet have a DUS Testing Report or the DUS Testing Report does not contain information about the technical declaration form: Use the technical declaration form in accordance with Model No. 02 promulgated together with this Decree;

c) Original or certified copy of the power of attorney document for cases where the application for registration is submitted through a representative service organization; the content of the power of attorney document includes: the party granting the power, the party receiving the power, the scope of the power, the duration of the power;

d) Photographs showing three distinctive characteristics of the registered variety: At least three color photographs, minimum size 9 cm x 15 cm;

đ) Certified copy of the document proving the right to register in case the applicant has been transferred the right to register or inherited it (Contract for transfer of the right to register, inheritance document, or equivalent document), Document proving nationality or permanent residence or business establishment in a member country of UPOV;

e) Documentation proving priority rights if the application for registration claims priority rights in accordance with Clause 1, Article 167 of the Intellectual Property Law 2005 including: certified copies of documents about the first application for registration confirmed by the plant variety protection authority in the country where the first application was filed, samples or evidence confirming that the plant variety in two applications is the same, certified copies of contracts transferring, inheriting, or assigning priority rights (if any). These documents proving priority rights must be provided within ninety days from the date of filing the application for protection of the plant variety.

2. Formal examination is the verification of the legality of the application for registration for protection of plant varieties. An application for registration is invalid in terms of form when:

a) Information in the documents prescribed in Clause 1 of this Article is missing or does not comply with the provisions of Articles 159, 163, and 164 of the Intellectual Property Law, amended and supplemented in Clauses 65, 66, and 82 of the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2022;

b) The documents prescribed in points c, đ, and e of Clause 1 of this Article are not translated into Vietnamese when requested by the Ministry of Agriculture and Rural Development;

c) Documents in the application for registration are erased, torn, or faded and cannot be read;

d) There is a lack of valid certified copies of related documents;

đ) The application for registration is submitted by a person who does not have the right to file an application; in case the right to register belongs to multiple organizations or individuals but there is no agreement from all of them.

3. Within fifteen days from the date of receipt of complete documents, the Ministry of Agriculture and Rural Development examines the formal aspects of the application for registration for protection of plant varieties.

a) If the application for registration is valid, the Ministry of Agriculture and Rural Development issues a Notice of Acceptance of Application in accordance with Model No. 03 promulgated together with this Decree, delivers the result to the applicant, and publishes the notice in the Agricultural and Rural Development Magazine and the Ministry of Agriculture and Rural Development's Electronic Portal within ninety days from the date of issuance of the Notice.

b) If the application for registration is invalid, the Ministry of Agriculture and Rural Development notifies the applicant and clearly states the reasons for completing the application. Within thirty days from the date of receipt of the notification to complete the application, the applicant must rectify the deficiencies and resubmit them to the Ministry of Agriculture and Rural Development. Within seven working days from the date of receipt of the supplementary documents, the Ministry of Agriculture and Rural Development examines and issues a Notice of Acceptance of Application in accordance with point a, Clause 2 of this Article or rejects acceptance of the application and clearly states the reasons.

c) In case the Application for Registration is not valid or the applicant does not rectify the deficiencies within the time limit set by the Ministry of Agriculture and Rural Development, the Ministry shall issue a Notification rejecting acceptance of the Application and specify the reasons.

4. Where documents specified in points c, đ and e of Clause 1 of this Article must be translated into Vietnamese at the request of the Ministry of Agriculture and Rural Development, the translation must be certified or confirmed by the service organization representing the rights of the applicant for the plant variety.

Article 7. Amending and Supplementing the Application for Plant Variety Protection

1. Prior to the Ministry of Agriculture and Rural Development issuing a Notification rejecting issuance of the Certificate of Plant Variety Protection or deciding to issue such a Certificate, organizations and individuals may amend and supplement the Application for Plant Variety Protection in the following cases:

a) Typographical errors in the name or address of the applicant, the service organization representing the rights, or the breeder of the plant variety, or typographical errors in the name of the plant variety;

b) Changing the name or address of the applicant, the service organization representing the rights, or the breeder of the plant variety based on valid legal documents;

c) Changing the name of the plant variety at the request of the applicant.

2. Organizations and individuals submit the application dossier to the Ministry of Agriculture and Rural Development. The dossier includes:

a) A form requesting amendment and supplementation as prescribed in Form No. 04 issued together with this Decree;

b) A certified copy of the contract transferring the right to apply for registration in case of changing the applicant due to transfer of the right to apply for registration; or documents proving the change in the name or address of the applicant, the service organization representing the rights, or the breeder of the plant variety;

c) A certified copy of the documentation proving inheritance or succession with confirmation from the applicant, documentation proving the personal relationship between the applicant and the heir; death certificate or extract from the death register of the applicant (if applicable) in case of changing the applicant due to inheritance or succession.

3. Implementation Procedures

Within fifteen days from the date of receipt of a complete dossier, the Ministry of Agriculture and Rural Development will review the dossier.

If the dossier is valid, the Ministry of Agriculture and Rural Development will issue a Notification accepting amendment and supplementation of the Application according to Form No. 05 issued together with this Decree, deliver the result to the applicant, and publish the notification on the Ministry's electronic information portal.

If the dossier is invalid, the Ministry of Agriculture and Rural Development will respond in writing to the applicant and specify the reasons.

Article 8. DUS Testing

1. After the Application for Plant Variety Protection has been accepted as valid, DUS testing must be conducted according to the DUS Testing Documentation. In case the registered plant variety belongs to a crop species without DUS Testing Documentation, within thirty days from the date of issuance of the Notification accepting the valid Application, the Ministry of Agriculture and Rural Development will organize the development of DUS Testing Guidance Documentation within six months as prescribed in Form No. 06 issued together with this Decree.

2. Forms of DUS Testing

a) DUS testing is carried out at an inspection organization recognized by the Ministry of Agriculture and Rural Development pursuant to Article 21 of the Crop Cultivation Law for agricultural plant varieties or a breeding test site for forestry plant varieties pursuant to Article 12 of Government Decree No. 27/2021/NĐ-CP dated March 25, 2021 on management of forestry plant varieties (hereinafter referred to as the inspection organization for plant varieties).

b) DUS testing is conducted by the applicant themselves.

c) Utilizing the results of DUS testing based on international agreements on exchanging DUS testing results with member states of UPOV or countries cooperating with Vietnam in plant variety protection.

3. DUS testing as stipulated in point a of Clause 2 of this Article

The applicant sends samples of the plant variety to the inspection organization for plant varieties to conduct DUS testing within thirty days before the first planting season from the date of issuance of the Notification accepting the Application.

In case the applicant disagrees with the results of the DUS testing, they have the right to request the inspection organization that previously conducted the DUS testing or another inspection organization to retest. The request for retesting must be made in writing, specifying the reasons and evidence proving the need for retesting, and notifying the Ministry of Agriculture and Rural Development.

4. Organizations and individuals conducting DUS testing must meet the following conditions:

a) Possessing or contracting for suitable locations and land areas to arrange experimental plots for DUS testing of the registered plant variety;

b) Possessing or contracting for equipment and tools necessary for analyzing and evaluating the required criteria for the tested crop species;

c) Possessing or contracting for a laboratory that has been granted a registration activity certification and recognized or designated for DUS testing including analytical criteria;

d) Possessing or contracting for appropriate control varieties for the registered plant variety;

đ) Having a labor contract with at least one technical staff member holding a bachelor's degree or higher in agriculture, plant protection, biology, or related fields and having received training certification in DUS testing issued by the state management agency responsible for plant variety protection.

5. For DUS testing conducted by the applicant themselves, within thirty days from the date the Ministry of Agriculture and Rural Development issues the DUS Testing Guidance Documentation, organizations and individuals must submit a written plan for DUS testing regarding the expected contents: control varieties, location, and timing of the testing. After submitting the DUS testing plan, organizations and individuals are permitted to conduct DUS testing themselves.

Article 9. Inspection of Conditions and Conduct of DUS Testing Performed by the Applicant

1. The Ministry of Agriculture and Rural Development shall establish an inspection team comprising civil servants assigned tasks related to plant variety protection; experts on DUS testing or experts on the species of plants in the application for plant variety protection registration.

2. Content of inspection: Conditions for conducting DUS testing; implementation of DUS testing; evaluation of distinctiveness, uniformity, and stability of the tested variety according to the DUS Testing Documentation for the species of plants registered by the organization or individual applicant.

3. Time of inspection: The inspection team shall conduct at least one and not more than three inspections during the process of the organization or individual conducting DUS testing.

4. The inspection record shall be prepared in accordance with Model No. 07 issued together with this Decree and kept in the plant variety protection registration file. The Ministry of Agriculture and Rural Development shall base its assessment of the content of the application for plant variety protection registration on the inspection record during the substantive examination process to assess the report on the results of DUS testing.

Article 10. Submission of Seed Samples, Management, and Use of Registered Seed Samples

1. For plant varieties subject to testing as provided for in point a, Clause 2, Article 8 of this Decree, the applicant shall submit seed samples for DUS testing and storage samples to the plant variety testing organization at least thirty days before the first planting season from the date of issuance of the Notice accepting the application for plant variety protection registration.

2. For vegetatively propagated plant varieties subject to testing as provided for in points b and c, Clause 2, Article 8 of this Decree, the applicant shall retain seed samples themselves.

3. The quantity (or number) and quality of seed samples submitted for testing and retained for storage shall comply with the provisions of the DUS Testing Documentation for the species of plants concerned.

4. The applicant or owner of the protected plant variety shall be responsible for submitting seed samples when requested by the competent authority during the period of temporary rights enjoyment or while the Plant Variety Protection Certificate remains valid. The seed samples must meet the quality requirements stipulated in Clause 3 of this Article, correspond to the seed samples at the time of filing the application, and exhibit trait expression levels consistent with the variety description at the time of issuance of the Plant Variety Protection Certificate if the plant variety has already been granted a certificate.

5. The applicant or owner of the protected plant variety shall be responsible for retaining seed samples from the time the variety enjoys temporary rights until the termination of the validity of the Plant Variety Protection Certificate.

6. The use of retained seed samples shall require the written consent of the applicant or owner of the protected plant variety, except for purposes such as DUS testing, verification, post-verification to determine varietal identity, or resolving disputes, complaints, lawsuits, or accusations.

Article 11. Issuance of Plant Variety Protection Certificate

1. In cases where the registered plant variety undergoes DUS testing as provided for in points a and b, Clause 2, Article 8 of this Decree, the organization or individual conducting the testing shall submit the original Report on the Results of DUS Testing in accordance with Model No. 08 issued together with this Decree to the Ministry of Agriculture and Rural Development within ninety days from the end date of the DUS testing.

In cases where the results of DUS testing are used as provided for in point c, Clause 2, Article 8 of this Decree, the Ministry of Agriculture and Rural Development shall directly receive the DUS testing report from the plant variety protection authority of a UPOV member country or a country cooperating with Vietnam on plant variety protection.

The Report on the Results of DUS Testing shall be used to issue a decision recognizing the circulation of the plant variety if the distinctiveness of the registered variety compared to widely known plant varieties at the time of filing the application for protection is ensured.

2. Within ninety days from the date of receipt of the Report on the Results of DUS Testing, the Ministry of Agriculture and Rural Development shall conduct a substantive examination in accordance with Clause 1, Article 178 of the Intellectual Property Law 2005.

a) If the registered variety ensures distinctiveness, uniformity, and stability, and the application for protection meets the conditions stipulated in Article 176 and point a, Clause 1, Article 178 of the Intellectual Property Law 2005, the Ministry of Agriculture and Rural Development shall issue a Decision to grant the Plant Variety Protection Certificate in accordance with Model No. 09 and Model No. 10 issued together with this Decree; deliver the result to the applicant; publish it in the Agricultural and Rural Development Magazine and the Ministry of Agriculture and Rural Development's electronic portal within sixty days from the date of issuance of the Decision.

b) If the registered variety does not ensure distinctiveness or uniformity or stability, or if the application does not meet one of the conditions stipulated in Clause 2, Article 176 and point a, Clause 1, Article 178 of the Intellectual Property Law 2005, the Ministry of Agriculture and Rural Development shall notify the applicant in writing about the intention to refuse the issuance of the Plant Variety Protection Certificate, specify the reasons, and set a thirty-day deadline for the applicant to rectify deficiencies or oppose the refusal intention.

After the above deadline, if the applicant does not provide a reasonable opposition to the refusal intention or fails to rectify deficiencies, the Ministry of Agriculture and Rural Development shall notify the refusal to issue the Plant Variety Protection Certificate. If the applicant successfully rectifies deficiencies or provides a reasonable opposition to the refusal intention, the Ministry of Agriculture and Rural Development shall issue the Plant Variety Protection Certificate in accordance with Clause 1 of this Article.

3. Only one copy of the Plant Variety Protection Certificate shall be issued.

Article 12. Amending and Reissuing Plant Variety Protection Certificates

1. The owner of a Plant Variety Protection Certificate who requests to amend or reissue such certificate shall submit an application to the Ministry of Agriculture and Rural Development. The application includes:

a) A form requesting amendment or reissuance of a Plant Variety Protection Certificate according to Model No. 11 issued together with this Decree.

b) An authenticated copy of legal documentation proving changes in the name or address of the owner of the Plant Variety Protection Certificate or errors related to the name or address of the owner.

c) The original Plant Variety Protection Certificate (except in cases where the certificate has been lost).

2. Within 12 days from the date of receipt of a complete application, the Ministry of Agriculture and Rural Development shall review the application.

a) In case the application is valid, the Ministry of Agriculture and Rural Development shall issue a Decision to amend or reissue the Plant Variety Protection Certificate, reissue the certificate to the applicant, and publish it on the Agricultural and Rural Development Magazine and the Ministry of Agriculture and Rural Development's website within 60 days from the date of issuing the Decision. The amended or reissued Plant Variety Protection Certificate must retain the original number and clearly state "reissued" at the lower left corner of the certificate.

b) In case the application is invalid, the Ministry of Agriculture and Rural Development shall respond in writing to the owner of the Plant Variety Protection Certificate and specify the reasons.

Article 13. Suspension, Restoration, and Revocation of Effectiveness of Plant Variety Protection Certificates

1. Suspension of Effectiveness of Plant Variety Protection Certificates

a) The Ministry of Agriculture and Rural Development shall issue a Decision to suspend the effectiveness of a Plant Variety Protection Certificate when there is evidence that the protected plant variety no longer meets the uniformity or stability requirements as at the time of issuance of the certificate.

b) In case an organization or individual requests the suspension of the effectiveness of a Plant Variety Protection Certificate according to point a, Clause 1, Article 170 of the Intellectual Property Law, the application shall be submitted to the Ministry of Agriculture and Rural Development. The application includes:

A request for suspension of the effectiveness of a Plant Variety Protection Certificate according to Model No. 12 issued together with this Decree;

Evidence proving that the protected plant variety no longer meets the uniformity or stability requirements as at the time of issuance of the certificate.

Within 30 days from the date of receipt of a complete application, the Ministry of Agriculture and Rural Development shall conduct a review and notify the owner of the Plant Variety Protection Certificate in writing, while organizing a re-evaluation of the uniformity and stability of the plant variety.

Within 12 days from the date of receipt of the results of the re-evaluation of uniformity and stability, the Ministry of Agriculture and Rural Development shall conduct a review. If the third party's objection is based on sufficient legal grounds, the Ministry of Agriculture and Rural Development shall issue a Decision to suspend the effectiveness of the Plant Variety Protection Certificate. If the third party's objection is not based on sufficient legal grounds, the Ministry of Agriculture and Rural Development shall respond in writing and specify the reasons.

c) In case of suspension of the effectiveness of a Plant Variety Protection Certificate according to point c, point d, Clause 1, Article 170 of the Intellectual Property Law.

Within 30 days from the date the Ministry of Agriculture and Rural Development notifies the owner of the Plant Variety Protection Certificate in writing to change the name of the plant variety or provide necessary documentation and propagation materials to maintain and conserve the plant variety as required, if the owner does not comply with the request, the Ministry of Agriculture and Rural Development shall issue a Decision to suspend the effectiveness of the Plant Variety Protection Certificate.

d) The Decision to suspend the effectiveness of the Plant Variety Protection Certificate shall be published on the Agricultural and Rural Development Magazine and the Ministry of Agriculture and Rural Development's website within 60 days from the date of issuing the Decision.

2. Restoration of Effectiveness of Plant Variety Protection Certificates

a) The owner of a Plant Variety Protection Certificate may restore the effectiveness of the certificate if they have remedied the reasons for suspension according to Clause 5, Article 170 of the Intellectual Property Law.

b) The owner of a Plant Variety Protection Certificate shall submit an application to the Ministry of Agriculture and Rural Development. The application includes:

A request for restoration of the effectiveness of a Plant Variety Protection Certificate according to Model No. 13 issued together with this Decree;

Evidence proving that the reasons for suspension have been remedied.

c) Within 12 days from the date of receipt of a complete application, the Ministry of Agriculture and Rural Development shall review the application.

If the application is valid, the Ministry of Agriculture and Rural Development shall issue a Decision to restore the effectiveness of the Plant Variety Protection Certificate, deliver the result to the owner of the Plant Variety Protection Certificate, and publish it on the Ministry of Agriculture and Rural Development's website.

If the application is invalid, the Ministry of Agriculture and Rural Development shall respond in writing to the owner of the Plant Variety Protection Certificate and specify the reasons.

3. Revocation of Effectiveness of Plant Variety Protection Certificates

a) The Ministry of Agriculture and Rural Development shall issue a Decision to revoke the effectiveness of a Plant Variety Protection Certificate when there is evidence of one of the circumstances specified in Clause 1, Article 171 of the Intellectual Property Law 2005, amended and supplemented in Clause 68, Article 1 of the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2022.

b) An organization or individual who objects to one of the circumstances specified in Clause 1, Article 171 of the Intellectual Property Law 2005, amended and supplemented in Clause 68, Article 1 of the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2022 shall submit an application to the Ministry of Agriculture and Rural Development. The application includes:

A request for revocation of the effectiveness of a Plant Variety Protection Certificate according to Model No. 14 issued together with this Decree;

Evidence proving the reasons for requesting the revocation of the effectiveness of the Plant Variety Protection Certificate.

Within 30 days from the date of receipt of a complete application, the Ministry of Agriculture and Rural Development shall conduct a review and notify the owner of the Plant Variety Protection Certificate.

In the case where the reason for requesting to revoke the validity of the Plant Variety Protection Certificate is that the Plant Variety Protection Application was made by a person without the right to apply or the protected plant variety does not meet the novelty conditions at the time of issuance of the Plant Variety Protection Certificate, if the third party's objection has sufficient legal grounds, the Ministry of Agriculture and Rural Development shall issue a Decision to revoke the validity of the Plant Variety Protection Certificate. If the third party's objection does not have sufficient legal grounds, the Ministry of Agriculture and Rural Development shall respond in writing and clearly state the reasons.

In the case where the reason for requesting to revoke the validity of the Plant Variety Protection Certificate is that the protected plant variety does not meet the distinctness conditions at the time of issuance of the Plant Variety Protection Certificate or the plant variety does not meet the uniformity or stability conditions when the Plant Variety Protection Certificate is issued based on technical testing results conducted by the applicant, the Ministry of Agriculture and Rural Development shall organize re-testing to evaluate the distinctness or uniformity or stability of the plant variety.

Within 12 days from the date of receiving the testing results, the Ministry of Agriculture and Rural Development shall conduct a review. If the third party's objection has sufficient legal grounds, the Ministry of Agriculture and Rural Development shall issue a Decision to revoke the validity of the Plant Variety Protection Certificate. If the third party's objection does not have sufficient legal grounds, the Ministry of Agriculture and Rural Development shall respond in writing and clearly state the reasons.

c) The Decision to revoke the validity of the Plant Variety Protection Certificate shall be published in the Agricultural and Rural Development Magazine and the Ministry of Agriculture and Rural Development's electronic portal within 60 days from the date of issuing the Decision.

Article 14. National Register

1. Protected plant varieties shall be recorded in the National Register.

2. The Ministry of Agriculture and Rural Development shall be responsible for establishing and maintaining the National Register of protected plant varieties.

The National Register of protected plant varieties shall record and retain information about the Plant Variety Protection Certificate and changes during the validity period of the Plant Variety Protection Certificate.

Article 15. Plant Varieties Primarily Derived from Protected Plant Varieties

Methods of affecting protected plant varieties (the initial variety) to create new plant varieties with different characteristics compared to the initial variety (referred to as plant varieties primarily derived from protected plant varieties as stipulated in Clause 1 of Article 187 of the Intellectual Property Law 2005, amended and supplemented in Clause 23 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2009) include: gene transfer, gene editing, backcrossing, natural or artificial selection of mutations or somatic mutations, induced mutation by any method.

Chapter III

RIGHTS TO PLANT VARIETIES RESULTING FROM SCIENTIFIC AND TECHNOLOGICAL TASKS FUNDED BY THE STATE BUDGET

Article 16. Assignment of Registration Rights for Plant Varieties Resulting from Scientific and Technological Tasks Funded by the State Budget

1. Upon the expiration of the 12-month period from the date of acceptance of the scientific and technological task, if the leading organization of the scientific and technological task does not submit an application for registration rights for the plant variety or submits a report to the representative of the state owner regarding the lack of need to exercise the registration rights, the representative of the state owner shall assign the registration rights for the aforementioned plant variety to organizations established under Vietnamese law, individuals who are Vietnamese citizens and permanently residing in Vietnam. The procedures and documents for assignment are as follows:

a) The representative of the state owner shall announce on the electronic portal or website of the management agency of the scientific and technological task within 90 days regarding the submission of applications for assignment of registration rights for the plant variety. The announcement shall include: the name of the scientific and technological task; summary information about the plant variety such as the variety name, crop species name, and key agronomic characteristics; requirements and conditions for organizations and individuals to whom the registration rights will be assigned; the name of the unit, form of receipt of the application for assignment of registration rights for the plant variety.

b) Within the time limit specified in point a of this clause, organizations and individuals shall submit the Application for Assignment of Registration Rights according to Model No. 15 promulgated together with this Decree to the unit receiving the assignment application.

Within 12 days from the end of the receipt of applications, the representative of the state owner shall publish on the electronic portal or website of the management agency of the scientific and technological task the list of organizations and individuals who have submitted valid applications and the intention to assign the registration rights to those organizations and individuals to jointly exercise the registration rights, to be named as the applicants for the Application for Registration of Plant Variety Protection Certificate. A period of seven working days from the date of publication shall be set for organizations and individuals to provide comments on the above content. If, upon the expiration of the aforementioned period, the organizations and individuals who submitted the application for assignment of rights have a written response agreeing to be jointly named as applicants or do not provide a written response, then within five working days from the end of the aforementioned period, the representative of the state owner shall issue a decision assigning the registration rights for the Plant Variety Protection Certificate to these organizations and individuals.

2. In cases where the registration right cannot be transferred to organizations or individuals as stipulated in Clause 1 of this Article or in cases provided for in point a of Clause 3, Article 191b of the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2022, or where the Plant Variety Application is the result of a scientific and technological task funded by the state budget and has been rejected for acceptance of the application or refusal to grant a Plant Variety Protection Certificate, or withdrawn before publication, the representative of the state owner shall publicly announce on the official website or information portal of the agency managing the scientific and technological task, summarizing the plant variety: name of the variety, species name, and key agronomic characteristics so that other organizations and individuals may be permitted to exploit and use the plant variety in accordance with the laws on plant variety production and trade.

Article 17. Responsibilities of the organization in charge of the scientific and technological task; organizations and individuals granted the right to register plant varieties

1. Responsibilities of the organization in charge of the scientific and technological task

a) Ensuring novelty of the plant variety up to the time of transferring the registration right to another organization or individual if the plant variety has not yet been registered for protection, except in cases where the transfer of the registration right is not possible.

b) Maintaining the plant variety to ensure stability according to the description at the time of project completion throughout the period of use until the correct plant variety is handed over to another organization or individual upon transfer of the registration right or assignment of ownership rights, unless otherwise agreed.

2. Responsibilities of organizations and individuals granted the right to register

a) Registering for protection of the plant variety or continuing to implement procedures for granting a Plant Variety Protection Certificate.

b) Storing the plant variety, providing information, materials, and propagation material of the protected plant variety upon request of the Ministry of Agriculture and Rural Development, maintaining the stability of the protected plant variety according to the traits described at the time of issuance of the Plant Variety Protection Certificate.

3. Annually, the holder of the Plant Variety Protection Certificate is obligated to submit reports to the agency managing the scientific and technological task on the following contents:

a) The situation of exploitation and trade of the plant variety, evaluation of the effectiveness of exploiting the plant variety;

b) Total amount of money and profit received by the holder of the Plant Variety Protection Certificate from using, transferring usage rights, assigning ownership rights, and paying remuneration to the author, profit sharing, accompanied by financial statements;

c) Measures for protecting rights related to the plant variety currently being implemented.

Article 18. Procedures for allowing other organizations and individuals to use plant varieties protected as results of state-budget-funded scientific and technological tasks

1. The reasonable time period specified in point a of Clause 3, Article 191b of the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2022 is determined to end three years after the issuance of the Plant Variety Protection Certificate for annual plants, short-term plants, medicinal plants, aquatic plants, mushroom varieties, or five years for long-term plants, forestry plants, and long-term plants from the date of issuance of the Plant Variety Protection Certificate if the holder of the Plant Variety Protection Certificate does not recognize and circulate the variety or publicly announce its circulation or recognition according to regulations.

2. In cases provided for in point b of Clause 3, Article 191b of the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2022, other organizations and individuals are allowed to propose the exploitation and use of plant varieties resulting from state-budget-funded scientific and technological tasks, submitting an application to the competent authority for approval of the scientific and technological task. The application includes:

a) An application form for using the plant variety as prescribed in Form No. 16 issued together with this Decree;

b) Documentation proving the basis for proposing the exploitation and use of the plant variety is reasonable.

3. Within seven working days from the date of receipt of a complete application, the competent authority for approval of the scientific and technological task will review the application.

a) If the application is valid, the competent authority for approval of the scientific and technological task will issue a Decision allowing the exploitation and use of the plant variety simultaneously notifying the holder of the Plant Variety Protection Certificate and the organization or individual requesting permission to exploit and use the plant variety to proceed.

b) If the application is invalid, the competent authority for approval of the scientific and technological task will respond in writing and specify the reasons.

4. The Decision allowing organizations and individuals who are not the holders of the Plant Variety Protection Certificate to exploit and use the plant variety as stipulated in Clause 3 of this Article must clearly specify the scope and conditions under which other organizations and individuals are allowed to exploit and use the plant variety, including:

a) The right to exploit and use the plant variety is not exclusive;

b) The right to exploit and use can only be exercised within the scope and duration necessary to meet the objectives of the permission to use;

c) Organizations and individuals permitted by the competent authority to exploit and use the plant variety may not transfer that right to others.

5. The holder of the Plant Variety Protection Certificate has the right to request termination of the permission for other organizations and individuals to exploit and use the plant variety when the basis for permission to exploit and use as stipulated in point b of Clause 3, Article 191b of the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2022 no longer exists. Specifically, as follows:

a) The holder of the Plant Variety Protection Certificate submits an application to terminate the use of the plant variety to the Ministry of Agriculture and Rural Development. The application includes:

An application to terminate the use of the plant variety as prescribed in Form No. 17 issued together with this Decree;

Documentation proving that the basis for permission to exploit and use no longer exists.

b) Within seven working days from the date of receipt of a complete application, the Ministry of Agriculture and Rural Development will review the application:

If the application is valid, the Ministry of Agriculture and Rural Development will issue a Decision terminating the exploitation and use of the plant variety.

If the application is invalid, the Ministry of Agriculture and Rural Development will respond in writing and specify the reasons.

Chapter IV

TRANSFER AND ASSIGNMENT OF RIGHTS FOR PROTECTED PLANT VARIETIES

Article 19. Registration of Transfer of Rights for Protected Plant Varieties

1. After concluding a contract for transferring rights to protected plant varieties in accordance with the provisions of the law, the application for registration of transfer shall be submitted to the Ministry of Agriculture and Rural Development. The application includes:

a) A registration form for transfer in accordance with Model No. 18 issued together with this Decree;

b) An authenticated copy of the contract for transferring ownership rights to plant varieties. The content of the contract must be in Vietnamese or must be translated into Vietnamese, each page must have the signature of confirmation from all parties or a stamp indicating that it has been compared with the original;

c) The original Certificate of Protection for the transferred plant variety;

d) The original document of consent from co-owners of the plant variety in cases where the plant variety is jointly owned.

2. Within thirty days from the date of receipt of a complete application, the Ministry of Agriculture and Rural Development shall review the application.

a) In case the application is valid, the Ministry of Agriculture and Rural Development shall notify in writing the transfer of ownership rights to the Certificate of Protection for the plant variety, record the transferee as the owner of the Certificate of Protection for the plant variety, update the National Register, issue the Certificate of Protection for the plant variety based on the recorded transfer information, and publish on the Ministry of Agriculture and Rural Development's electronic portal.

b) In case the application is not valid, the Ministry of Agriculture and Rural Development shall respond in writing to the organization or individual and specify the reasons.

Article 20. Authority to Decide on Compulsory Transfer of Rights to Use Protected Plant Varieties

1. The Ministry of Agriculture and Rural Development shall issue a decision on compulsory transfer of rights to use protected plant varieties for agricultural, forestry, and aquatic crops.

2. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Health to issue a decision on compulsory transfer of rights to use protected plant varieties used for medicinal purposes.

Article 21. Cases of Compulsory Transfer of Rights to Use Protected Plant Varieties

1. The cases of compulsory transfer of rights to use protected plant varieties include:

a) The use of plant varieties for public, non-commercial purposes, serving national defense, security, food security, and nutrition needs of the people, or meeting urgent social needs such as natural disasters, epidemics, wars, and widespread environmental pollution;

b) A person who has a need and capacity to use plant varieties but cannot reach an agreement with the exclusive user of the plant variety regarding the conclusion of a usage contract despite making efforts to negotiate at reasonable prices and commercial terms over a period of twelve months (excluding force majeure situations);

c) The exclusive user of the plant variety is considered to be engaging in prohibited anti-competitive practices under competition laws.

2. In cases of using plant varieties as stipulated in point a, Clause 1 of this Article, the Ministry of Agriculture and Rural Development shall publicly announce the demand for plant varieties including: name of the plant variety, purpose, quantity needed, scope, time frame for fulfilling the transfer purpose, and deadline for submitting applications for registration so that organizations and individuals requiring the use of plant varieties can register.

Article 22. Compensation Price Range for Compulsory Transfer of Plant Variety Rights

The Ministry of Agriculture and Rural Development shall engage an appraisal company to conduct an appraisal of plant varieties subject to compulsory transfer of usage rights according to current laws. The appraisal results will be used as one of the bases for the Ministry of Agriculture and Rural Development to determine the compensation price range for plant varieties subject to compulsory transfer of usage rights.

In cases where it is not possible to engage an appraisal company, the Ministry of Agriculture and Rural Development shall establish an Appraisal Board to determine the compensation price range for plant varieties subject to compulsory transfer of usage rights.

Article 23. Procedures for Compulsory Transfer of Usage Rights for Protected Plant Varieties

1. Recipients of the compulsory transfer of usage rights for protected plant varieties:

a) Organizations or individuals who have a need to use plant varieties under the circumstances specified in point a, Clause 1, Article 21 of this Decree;

b) Organizations or individuals who fail to reach an agreement on the use of plant varieties or are hindered from competing under the circumstances specified in points b and c, Clause 1, Article 21 of this Decree.

2. Organizations and individuals submit the application dossier to the Ministry of Agriculture and Rural Development. The dossier includes:

a) A request form for compulsory transfer of usage rights for plant varieties as prescribed in Model No. 19 issued together with this Decree, specifying the scope and duration of the compulsory transfer;

b) The original Financial Capability Report as prescribed in Model No. 20 issued together with this Decree;

c) A certified copy of the documentation proving that the request for compulsory transfer of usage rights for plant varieties is based on credible grounds as stipulated by law under the circumstances specified in points b and c, Clause 1, Article 21 of this Decree;

d) An authorization document if the application is submitted through a representative service organization. The content of the authorization document includes: the authorizing party, the authorized party, the scope and volume of work authorized, and the duration of the authorization.

3. Procedure and formalities for compulsory transfer of usage rights for protected plant varieties as provided in point a, Clause 1, Article 21 of this Decree:

a) Within fifteen days from the date of receipt of complete files, the Ministry of Agriculture and Rural Development shall review the files.

b) If the files are valid, the Ministry of Agriculture and Rural Development shall issue a Decision on Compulsory Transfer of Usage Rights for Plant Varieties and notify both the transferring and receiving parties to proceed.

c) If the files are invalid, the Ministry of Agriculture and Rural Development shall respond in writing to the organizations or individuals and specify the reasons.

4. Procedure and formalities for compulsory transfer of usage rights for protected plant varieties as provided in points b and c, Clause 1, Article 21 of this Decree:

a) Within twelve days from the date of receipt of complete files, the Ministry of Agriculture and Rural Development shall review the files and notify the holder of exclusive rights to use plant varieties about the request for compulsory transfer of usage rights for plant varieties.

b) Within thirty days from the date of issuance of the Notification, the holder of exclusive rights to use plant varieties must respond in writing.

c) If the holder of exclusive rights to use plant varieties does not respond or agrees in writing with the request for compulsory transfer of usage rights for plant varieties, the Ministry of Agriculture and Rural Development shall issue a Decision on Compulsory Transfer of Usage Rights for Plant Varieties.

d) If the holder of exclusive rights to use plant varieties opposes the request for compulsory transfer of usage rights for plant varieties, the Ministry of Agriculture and Rural Development shall consider the opposition within twelve days from the date of receipt of the opposition from the organization or individual.

If the request for compulsory transfer of usage rights for plant varieties complies with the provisions, the Ministry of Agriculture and Rural Development shall issue a Decision on Compulsory Transfer of Usage Rights for Plant Varieties and notify both the transferring and receiving parties to proceed.

If the request for compulsory transfer of usage rights for plant varieties lacks sufficient grounds as stipulated in points b and c, Clause 1, Article 21 of this Decree, the Ministry of Agriculture and Rural Development shall issue a notification of refusal and specify the reasons.

Article 24. Amending, suspending, and revoking the effectiveness of compulsory transfer decisions for the use of protected plant varieties

1. Compulsory transfer decision for the use of protected plant varieties:

a) Shall be amended when the conditions for issuing the compulsory transfer decision have changed;

b) Shall be suspended when the conditions for issuing the compulsory transfer decision no longer exist;

c) Shall be revoked when there is evidence proving that the compulsory transfer decision is contrary to the law.

2. The owner of the Plant Variety Protection Certificate who requests to amend, suspend, or revoke the effectiveness of the compulsory transfer decision for the use of protected plant varieties shall submit the application to the Ministry of Agriculture and Rural Development. The application includes:

a) A request form to amend, suspend, or revoke the effectiveness of the compulsory transfer decision for the use of protected plant varieties according to Model No. 21 issued together with this Decree;

b) A certified copy of the document proving that amending, suspending, or revoking the effectiveness of the compulsory transfer decision is based on grounds and does not cause damage to the transferee;

c) An authorization letter if the request is submitted through a service organization representing rights. The content of the authorization letter includes: the authorizing party, the authorized party, the scope and volume of work authorized, and the term of authorization.

3. Within 12 days from the date of receiving a complete application, the Ministry of Agriculture and Rural Development shall review the application.

a) If the request to amend, suspend, or revoke the effectiveness of the compulsory transfer decision for the use of protected plant varieties is based on credible grounds, the Ministry of Agriculture and Rural Development shall issue a Decision to amend, suspend, or revoke the effectiveness of the compulsory transfer decision and notify both the compulsory transferee and the recipient to implement it.

b) If the request to amend, suspend, or revoke the effectiveness of the compulsory transfer decision for the use of protected plant varieties lacks credible grounds as stipulated in Article 195 of the Intellectual Property Law 2005, the Ministry of Agriculture and Rural Development shall issue a notice of rejection and specify the reasons.

Chapter V

REPRESENTATION RIGHTS FOR PLANT VARIETIES

Article 25. Scope of representation rights for plant varieties

1. A service organization representing rights for plant varieties may only perform services within the scope of authorization and may delegate such authority to another service organization representing rights for plant varieties, if consented in writing by the authorizing party.

2. Obligations of a service organization representing rights for plant varieties:

a) Shall not simultaneously represent conflicting parties regarding rights over plant varieties;

b) Shall not withdraw applications for Plant Variety Protection Certificates, declarations of abandonment of protection, or complaints about establishing rights over plant varieties without permission from the authorizing party;

c) Shall not deceive or coerce customers in signing and implementing service contracts for representing rights for plant varieties;

d) Shall not use or disclose information related to pending applications for protection that have not been published by the Ministry of Agriculture and Rural Development.

Article 26. Training on laws regarding rights to plant varieties

1. The content of training on laws regarding rights to plant varieties includes:

a) Laws on rights to plant varieties, including legal provisions of Vietnam and provisions of international treaties and guiding documents, cooperation agreements that Vietnam has joined as a member;

b) Legal regulatory documents for state management of plant varieties;

c) Procedures for establishing rights to plant varieties, searching, and exploiting information on plant variety protection;

d) Regulations on DUS testing: DUS testing documentation, implementation of DUS testing.

2. Training institutions and certification issuance for training on laws regarding rights to plant varieties:

a) Develop a training program based on the framework program established pursuant to Model No. 22 issued together with this Decree;

b) Organize the compilation and approval of textbooks or select appropriate textbooks as formal teaching and learning materials; print and issue certificates of training on laws regarding rights to plant varieties according to Model No. 23 issued together with this Decree for individuals who fully participate in the training on representation of rights to plant varieties;

c) Send a list of individuals who have been issued certificates of training on laws regarding rights to plant varieties to the Ministry of Agriculture and Rural Development within thirty days from the date of issuing the certificate.

Article 27. Professional Examination for Representation of Rights to Plant Varieties

1. Content of the professional examination for representation of rights to plant varieties:

a) Laws on rights to plant varieties, including legal provisions of Vietnam and provisions of international treaties and guiding documents, cooperation agreements that Vietnam has joined as a member;

b) Skills in applying laws in the process of implementing procedures to establish rights to plant varieties; searching, and exploiting information on plant variety protection; conducting DUS testing.

2. The Ministry of Agriculture and Rural Development shall announce on its official website about organizing the professional examination for representation of rights to plant varieties, specifying conditions for participation in the examination, submission procedures for application forms, examination content, time, and location.

3. Individuals meeting the following conditions may register for the examination in accordance with the provisions of this Article, specifically as follows:

a) Being a Vietnamese citizen with full civil capacity;

b) Having permanent residence in Vietnam;

c) Holding a bachelor's degree or higher in one of the following fields: crop production, plant protection, biology, forestry, law;

d) Having directly worked in legal matters concerning rights to plant varieties for five years or more, or having directly worked in the evaluation of various types of applications for rights to plant varieties at national or international organizations responsible for rights to plant varieties for five years or more, or having completed a recognized training course on laws regarding rights to plant varieties.

4. Individuals registering to participate in the examination to obtain a Certificate of Professional Examination for Representation of Rights to Plant Varieties shall submit the following documents to the Ministry of Agriculture and Rural Development:

a) An application form for the examination as prescribed in Model No. 24 issued together with this Decree;

b) A copy of the bachelor's or postgraduate degree certificate (the original must be presented for verification, except if the copy has already been certified);

c) A copy of the certificate of training on laws regarding rights to plant varieties (the original must be presented for verification, except if the copy has already been certified) or a copy of the employment decision or labor contract and other documents proving professional activities (the original must be presented for verification, except if the copy has already been certified);

d) Two photographs measuring 3 cm x 4 cm.

The Ministry of Agriculture and Rural Development shall review the examination registration documents and notify in writing those individuals with valid applications fifteen days before the examination date, specifying the examination plan.

5. The Ministry of Agriculture and Rural Development shall issue a Decision to establish the Examination Board for Professional Examination for Representation of Rights to Plant Varieties (hereinafter referred to as the Examination Board).

a) The Examination Board consists of five members, including the Chairman of the Examination Board being a leader of the unit responsible for state management of plant variety protection; members of the Examination Board are experts with experience and reputation in the field of plant variety protection; administrative officials responsible for plant variety protection serve as administrative secretaries.

b) The Examination Board is responsible for building a question bank (including answers and grading scales).

6. Implementation of the examination

a) Examination questions are randomly selected by the Chairman of the Examination Board from the question bank.

b) The Examination Board grades the examination papers according to the answers and grading scales of the examination questions.

c) Individuals scoring five points or higher out of ten on the examination paper are considered to have met the requirements.

7. Within twenty days from the date of the examination, the Chairman of the Examination Board shall announce the examination results on the official website of the Ministry of Agriculture and Rural Development and issue the Certificate according to Model No. 25 issued together with this Decree to those who meet the requirements.

Article 28. Issuance of Professional Practice Certificate for Plant Variety Rights Representation Services

1. Individuals meeting the conditions for obtaining a Professional Practice Certificate for Plant Variety Rights Representation Services as stipulated in Clause 66, Article 1 of the Intellectual Property Law amended and supplemented in 2022 shall submit an application to the Ministry of Agriculture and Rural Development. The application package includes:

a) A request form for issuance of a Professional Practice Certificate for Plant Variety Rights Representation Services according to Model No. 26 issued together with this Decree;

b) A copy of the certificate attesting to the successful completion of the professional representation rights examination for plant varieties;

c) Two photographs measuring 3 cm x 4 cm.

2. Within 12 days from the date of receipt of a complete application, the Ministry of Agriculture and Rural Development shall review the application.

a) In case the application package is valid, the Ministry of Agriculture and Rural Development shall issue a Decision and grant a Professional Practice Certificate for Plant Variety Rights Representation Services according to Model No. 27 issued together with this Decree, deliver the result and publish it on the Ministry's official website.

b) In case the application package is invalid, the Ministry of Agriculture and Rural Development shall respond in writing to the applicant and specify the reasons.

Article 29. Reissuance of Professional Practice Certificate for Plant Variety Rights Representation Services

1. Individuals whose Professional Practice Certificate has been lost, torn, soiled, or faded to the extent that it cannot be used may apply for reissuance of a Professional Practice Certificate for Plant Variety Rights Representation Services to the Ministry of Agriculture and Rural Development. The application package includes:

a) A request form for reissuance of a Professional Practice Certificate for Plant Variety Rights Representation Services according to Model No. 28 issued together with this Decree;

b) The original Professional Practice Certificate in cases where the certificate is torn, soiled, or faded to the extent that it cannot be used;

c) One photograph measuring 3 cm x 4 cm.

2. Within ten days from the date of receipt of a complete application package, the Ministry of Agriculture and Rural Development shall review the application.

a) In case the application package is valid, the Ministry of Agriculture and Rural Development shall issue a Decision and reissue a Professional Practice Certificate for Plant Variety Rights Representation Services, deliver the result and publish it on the Ministry's official website.

b) In case the application package is invalid, the Ministry of Agriculture and Rural Development shall respond in writing to the applicant and specify the reasons.

Article 30. Revocation of Professional Practice Certificate for Plant Variety Rights Representation Services

1. The holder of a Professional Practice Certificate for Plant Variety Rights Representation Services shall have their certificate revoked in the following cases:

a) Ceasing representation activities for plant variety rights;

b) No longer meeting the conditions for obtaining a Professional Practice Certificate for Plant Variety Rights Representation Services as stipulated in Clause 66, Article 1 of the Intellectual Property Law amended and supplemented in 2022;

c) Failing to fulfill the representation responsibilities as stipulated in Clause 66, Article 1 of the Intellectual Property Law amended and supplemented in 2022 or Clause 2, Article 25 of this Decree;

d) Committing serious violations in representation activities for plant variety rights;

e) Exploiting the name of representation for plant variety rights to engage in activities outside the scope of representation services for plant variety rights as stipulated in Clause 1, Article 25 of this Decree;

f) Other cases required by law to revoke the certificate.

2. When there is a basis for revoking the Professional Practice Certificate as stipulated in Clause 1 of this Article, within fifteen days, the Ministry of Agriculture and Rural Development shall issue a Decision to revoke the Professional Practice Certificate for Plant Variety Rights Representation Services and publish it on the Ministry's official website.

Article 31. Recording service organizations representing rights for plant varieties

1. Organizations that meet the conditions stipulated in Point 2 Clause 66 Article 1 of the Intellectual Property Law amended and supplemented in 2022 may request to be recorded as a service organization representing rights for plant varieties by submitting an application to the Ministry of Agriculture and Rural Development. The application includes:

a) A request form for recording a service organization representing rights for plant varieties according to Model No. 29 issued together with this Decree;

b) A list of members holding a Certificate of Practice in service representation of rights for plant varieties and certified copies of employment decisions or labor contracts between the registering organization and its members.

2. Within fifteen days from the date of receiving a complete application, the Ministry of Agriculture and Rural Development shall review the application.

a) In case the application is valid, the Ministry of Agriculture and Rural Development shall issue a notification of recording a service organization representing rights for plant varieties, deliver the result to the registering organization, and publish it on the Ministry's electronic portal.

b) In case the application is invalid, the Ministry of Agriculture and Rural Development shall respond in writing to the registering organization and specify the reasons.

Article 32. Re-recording service organizations representing rights for plant varieties

1. Organizations that meet the conditions stipulated in Clause 2 Article 165 of the Intellectual Property Law 2005, as amended and supplemented in Clause 66 Article 1 of the Intellectual Property Law amended and supplemented in 2022, which have changed their name or address, may request re-recording as a service organization representing rights for plant varieties by submitting an application to the Ministry of Agriculture and Rural Development. The application includes:

a) A request form for re-recording a service organization representing rights for plant varieties according to Model No. 30 issued together with this Decree;

b) A list of members holding a Certificate of Practice in service representation of rights for plant varieties and certified copies of employment decisions or labor contracts between the registering organization and its members.

2. Within ten days from the date of receiving a complete application, the Ministry of Agriculture and Rural Development shall review the application.

a) In case the application is valid, the Ministry of Agriculture and Rural Development shall issue a notification of re-recording a service organization representing rights for plant varieties, deliver the result to the registering organization, and publish it on the Ministry's electronic portal.

b) In case the application is invalid, the Ministry of Agriculture and Rural Development shall respond in writing to the registering organization and specify the reasons.

Article 33. Removing the name of a service organization representing rights for plant varieties

1. A service organization representing rights for plant varieties will be removed from the record in the following cases:

a) Ceasing to operate the service of representing rights for plant varieties;

b) No longer meeting one of the conditions for operating the service of representing rights for plant varieties stipulated in Clause 66 Article 1 of the Intellectual Property Law amended and supplemented in 2022;

c) Not fulfilling the obligations of representing rights stipulated in Clause 66 Article 1 of the Intellectual Property Law amended and supplemented in 2022 or Clause 3 Article 27 of this Decree;

d) Committing serious violations in the operation of the service of representing rights for plant varieties;

e) Misusing the status of representing rights for plant varieties to engage in activities outside the scope of the service of representing rights for plant varieties stipulated in Clause 1 Article 25 of this Decree.

2. In case a service organization representing rights violates the provisions of Clause 1 of this Article, the Ministry of Agriculture and Rural Development shall consider issuing a decision to remove the name of the service organization representing rights for plant varieties and publish it on the Ministry's electronic portal.

Article 34. Responsibilities of the Ministry of Agriculture and Rural Development and relevant ministries and sectors

1. The Ministry of Agriculture and Rural Development shall implement state management over rights to plant varieties throughout the country and be responsible for organizing the implementation of this Decree:

a) Organizing the issuance, reissuance, suspension, and revocation of the validity of Plant Variety Protection Certificates;

b) Organizing the development and promulgation of Guidance Documents or Vietnamese Technical Standards (TCVN) on distinctness, uniformity, and stability (DUS) testing for new plant varieties;

c) Organizing the dissemination of laws, training, and capacity building on the protection of rights to plant varieties;

d) Inspecting, auditing, and handling administrative violations in the implementation of the protection of rights to plant varieties;

đ) International cooperation on the protection of rights to plant varieties;

e) Managing activities related to representation of rights to plant varieties; recording, re-recording, deleting, and updating information of service organizations representing rights to plant varieties; issuing, reissuing, and revoking Certificates of Professional Services for Representation of Rights to Plant Varieties;

g) Inspecting legal education activities regarding rights to plant varieties and the operations of service organizations representing rights;

h) Organizing information and statistical activities on the protection of rights to plant varieties;

i) Updating databases on the protection of plant varieties on the Ministry of Agriculture and Rural Development's electronic portal and the competent authority of the International Union for the Protection of New Varieties of Plants (UPOV);

2. Ministries, ministerial-level agencies, and government agencies within their assigned tasks and authorities shall be responsible for implementing state management responsibilities over rights to plant varieties as prescribed by law.

Article 35. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

1. Organizing dissemination and popularization; organizing the implementation of policies and laws on the protection of rights to plant varieties.

2. Inspecting, auditing, and handling administrative violations in the implementation of the protection of rights to plant varieties.

3. Directing municipal people's committees under provincial jurisdiction, district, county, and town people's committees to implement state management measures concerning the protection of rights to plant varieties at the local level.

Chapter VI

IMPLEMENTING PROVISIONS

Article 36. Effective Date

1. This Decree takes effect from November 15, 2023.

2. The following documents shall cease to be effective from the date this Decree takes effect:

a) Decree No. 88/2010/NĐ-CP dated August 16, 2010 of the Government detailing and guiding the implementation of certain provisions of the Intellectual Property Law and the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law regarding rights to plant varieties;

b) Circular No. 16/2013/TT-BNNPTNT dated February 28, 2013 of the Minister of Agriculture and Rural Development guiding the protection of rights to plant varieties;

c) Circular No. 03/2021/TT-BNNPTNT dated June 22, 2021 amending and supplementing certain provisions of Circular No. 16/2013/TT-BNNPTNT dated February 28, 2013 of the Minister of Agriculture and Rural Development on the protection of rights to plant varieties.

Article 37. Transitional Provisions

Plant variety application forms submitted to the competent authority before the date this Decree takes effect shall continue to be processed according to the provisions of the applicable legal documents at the time of submission, except for provisions on amendments and supplements to the application form for protection, and DUS testing procedures which shall apply the provisions of this Decree if any procedures arise after the date this Decree takes effect.

All rights and obligations under the Certificate of Protection issued according to the provisions of the law in effect prior to the date this Decree takes effect, and the procedures for maintaining, amending, transferring usage rights, and transferring ownership rights related to that Certificate of Protection shall be applied according to the provisions of this Decree, except for provisions on grounds for revoking the validity of the Certificate of Protection which shall apply the provisions of the legal document in effect at the time of issuance of the Certificate of Protection.