Decision No. 89/2005/QD-BNN On Issuing the Regulation on Management of Forestry Tree Seedlings

DECISION OF THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Regarding the Issuance of the Regulation on the Management of Forestry Planting Seeds

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

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

Pursuant to the Seed Law No. 15/2004/PL-UBTVQH11 dated March 24, 2004 of the Standing Committee of the National Assembly of the Socialist Republic of Vietnam;

At the proposal of the Director of the Forest Department, the Head of the Science and Technology Division;

DECISION:

Article 1. The accompanying decision promulgates the "Regulation on the Management of Forestry Planting Seeds."

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Heads of the Office, the Director of the Forest Department, the Head of the Science and Technology Division, the Directors of Provincial Departments of Agriculture and Rural Development under the central government, and the Heads of related units shall be responsible for implementing this Decision./.

REGULATIONS

MANAGEMENT OF FORESTRY PLANTING SEEDS

(Issued together with Decision No. 89/2005/QĐ-BNN

dated December 29, 2005 of the Minister of Agriculture and Rural Development)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This regulation specifies the procedures for exploiting, using genetic resources; testing; evaluating, recognizing; producing, trading; managing the quality of forestry planting seeds and monitoring the seed chain of major forestry planting seeds.

Article 2. Applicability

Organizations and individuals of Vietnamese nationality; foreign organizations and individuals conducting research, production, and trade of forestry planting seeds within the territory of Vietnam.

Article 3. Definitions

1Major forestry planting seeds are certain seeds listed in the catalog of permitted forestry planting seeds that are widely planted, have large quantities, and high economic value, thus requiring strict management through seed chain monitoring procedures. Therefore, these seeds are separately announced in the catalog of major forestry planting seeds by the Ministry of Agriculture and Rural Development.

2. Advanced technology seeds are types of seeds that have undergone basic testing at least in one ecological condition and have been recognized by the Ministry of Agriculture and Rural Development.

3. National seeds are advanced technology seeds that have undergone wide-scale testing across several ecological conditions and have been recognized by the Ministry of Agriculture and Rural Development. National seeds can be used in the ecological regions where they were tested or in places with similar ecological conditions, but if planted in other regions, they must undergo testing.

4. Genetic source is a general term referring to the origin of any type of seed and propagation material used in research and production.

5. Mother tree (superior tree) is the best tree selected from natural forests, planted forests, scattered trees, seedling forests, or seedling gardens for propagation.

6. Clonal garden (or Cutting garden) is a garden collecting clonal plants propagated asexually from mother trees to provide asexual propagation materials.

7. Seedling garden is a garden planted according to a specific layout from asexual clones(clonal seedling garden) or from seeds of mother trees(sexual seedling garden) that have been selected and recognized.

8. Seedling forest is a forest consisting of seedlings derived from mother trees and planted without a specific layout, or converted from natural forests or planted forests that have been screened and recognized, including:

a) Planted seedling forest is a seedling forest planted without a specific layout using seeds from mother trees (superior trees).

b) Converted seedling forest from natural forests are the best parts chosen from natural forests, with an area of at least 3 hectares, the selected species must have at least 50 standard seed trees and have been subjected to technical measures as prescribed.

c) Converted seedling forest from planted forests is a forest plantation (5-7 years old for fast-growing trees, 10-15 years old for slow-growing trees) with good and uniform growth, an area of at least 3 hectares meeting seedling standards, of which at least 20% of the trees have produced viable seeds.

9. Selected forest section is a natural forest or planted forest with above-average quality, selected to temporarily supply seeds for production but not yet subjected to silvicultural techniques, or does not meet the required area, or has not been evaluated to recognize it as a converted seedling forest.

10. Forest genetic resource (shortened as genetic resource) is complete forest plants or their parts carrying genetic information capable of creating or participating in creating new forestry planting seeds.

11. Seed chain is the continuous process of activities in the production, trading, and use of forestry planting seeds from the establishment of genetic sources, production of propagation materials to the production of seedlings in nurseries and their use for afforestation.

12. Monitoring the quality of major forestry planting seeds along the seed chain main involves procedures to control the origin of propagation materials at each stage of the production, trading, and use of major forestry planting seeds.

13. Certificate of genetic source is the evaluation of a specific genetic source (selected forest section, seedling forest, seedling garden, mother tree, superior tree...) meeting quality standards and issuing a certificate recognizing the genetic source for exploitation and use management.

14. Certification of seed lot origin is the issuance of a certificate for a specific quantity of harvested propagation materials (collectively called a seed lot) annually from a recognized genetic source for production and circulation.

Chapter II

MANAGEMENT OF FORESTRY PLANTING SEEDS

Section 1

MANAGEMENT OF THE EXPLOITATION AND USE OF FOREST GENETIC RESOURCES

Article 4. Management, exploitation, and use of forest genetic resources

1. Forest genetic resources are preserved in Nature Reserves, National Parks, research institutions, or production facilities, or in households.

2. Organizations and individuals preserving forest genetic resources conduct surveys and collect samples for domestic research and selection of forestry planting seeds.

3. Organizations and individuals wishing to exploit and use forest genetic resources in Nature Reserves or National Parks must obtain the consent of the entity holding the genetic resources and permission from the Ministry of Agriculture and Rural Development.

4. Organizations and individuals wishing to exploit and use rare forest genetic resources for production, trade, or exchange with foreign countries must obtain the consent of the entity holding the genetic resources and permission from the Ministry of Agriculture and Rural Development.

Article 5. Procedures and time limit for granting permission

1. Organizations and individuals wishing to exploit and use forest genetic resources as stipulated in Clause 3 and Clause 4 of Article 4 must submit an application form (according to Form No. 01 - Appendix 1) along with the approval document of the entity holding the genetic resources to the Science and Technology Division of the Ministry of Agriculture and Rural Development for consideration and resolution.

2. Within thirty days of receiving the application, the Science and Technology Department shall base on the degree of rarity and the ability to conserve genetic resources to submit to the Minister of Agriculture and Rural Development for consideration and decision to grant permission to organizations or individuals who have filed the application.

3. The validity period of the permit for exchanging genetic resources with foreign countries is sixty days, while the validity period of the permit for exploiting and using genetic resources within the country is five years. Upon expiration of these periods, the person granted the permit must submit an application for extension; the Ministry of Agriculture and Rural Development will issue a new permit if the conditions are met.

Section 2

TESTING AND RECOGNITION

OF NEW FORESTRY PLANT VARIETIES

Article 6. Testing of new forestry plant varieties

The testing of new forestry plant varieties shall be carried out in accordance with Article 15 and Article 16 of the Plant Variety Law No. 15/2004/PL-UBTVQH11 of the Standing Committee of the National Assembly and Industry Standard 04TCN-64-2003 issued together with Decision No. 188/2003/QĐ-BNN dated January 23, 2003 of the Minister of Agriculture and Rural Development regarding the standards for recognizing forestry plant varieties.

Article 7. Recognition of new forestry plant varieties

The recognition of new forestry plant varieties shall be carried out in accordance with Article 18 of the Plant Variety Law No. 15/2004/PL-UBTVQH11 of the Standing Committee of the National Assembly and Industry Standard 04TCN-64-2003 issued together with Decision No. 188/2003/QĐ-BNN dated January 23, 2003 of the Minister of Agriculture and Rural Development regarding the standards for recognizing forestry plant varieties.

Article 8. Procedures for Recognizing New Forestry Plant Varieties

1. The application for recognizing new forestry plant varieties includes: Form No. 02, testing results or trial production results, and confirmation from the Department of Agriculture and Rural Development where the testing or trial production took place. The application for recognizing new varieties should be sent to the Science and Technology Department of the Ministry of Agriculture and Rural Development.

2. After receiving the application for recognition, within thirty days, the Science and Technology Department will determine the validity of the application and notify the applicant. In case the application is not valid, the applicant must complete the application according to the regulations.

3. The Ministry of Agriculture and Rural Development establishes a specialized scientific council upon the proposal of the Science and Technology Department. The council evaluates the testing or trial production results and recommends the recognition of new forestry plant varieties.

4. Based on the assessment report of the council, the Science and Technology Department prepares a report to submit to the Minister of Agriculture and Rural Development for a decision to recognize new forestry plant varieties. According to this recognition decision, the Science and Technology Department issues a certificate of recognition (Form No. 03) to the owner of the variety.

5. The recognition code for new varieties is established according to Part B - Appendix 3 of this regulation.

Article 9. Revocation of the Certificate of Recognition of New Forestry Plant Varieties

1. The certificate of recognition of new forestry plant varieties will be revoked in any of the following cases:

a) The owner of the variety voluntarily requests the revocation of the recognition certificate.

b) The recognized variety has degenerated or decreased in productivity compared to when it was recognized, to the extent that it needs to be replaced.

c) The recognized variety is no longer effective in production.

2. The specialized scientific council conducts an evaluation and re-examination of the varieties that have certificates but need to be revoked in the cases mentioned in Clause 1 of this Article. On the basis of the council's recommendations, the Minister of Agriculture and Rural Development decides to suspend the effect of the certificate of recognition of new forestry plant varieties.

3. The Science and Technology Department notifies the owner of the variety and relevant agencies about the decision to revoke the recognition certificate. of new forestry plant varieties

Section 3

ANNOUNCEMENT AND RECOGNITION

OF FORESTRY PLANT GENETIC RESOURCES

Article 10. Announcement of the list of main forestry plant varieties and the list of forestry plant varieties permitted for production and business

1. The Ministry of Agriculture and Rural Development announces the list of main forestry plant varieties and the list of forestry plant varieties permitted for production and business to be uniformly applied throughout the country.

2. These lists and any changes or supplements (if any) are published on the website of the Forest Department.

Article 11. Recognition of forestry plant genetic resources

The following types of forestry plant genetic resources must be registered and obtain a recognition certificate before being allowed to enter production and business:

1. Selected forest parts

2. Seedling forests converted;

3. Seedling forests planted;

4. Nurseries (Sexual nurseries and asexual nurseries)

5. Mother trees (Superior trees);

6. Clonal seed orchards (or Stem cutting supply gardens)

Article 12. Responsibilities of management agencies for genetic resources

1. The Forest Department is responsible for:

a) Organizing national selection and recognition of sexual nurseries and asexual nurseries;

b) Announcing decisions, issuing and revoking recognition certificates for sexual nurseries and asexual nurseries;

c) Organizing the Expert Review Board for sexual nurseries and asexual nurseries when requested.

d) Inspecting and supervising the national genetic resource system

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

a) Organizing provincial selection of selected forest parts, converted seedling forests, planted seedling forests, mother trees, clonal seed orchards (or stem cutting supply gardens) within their province;

b) Announcing decisions, issuing and revoking recognition certificates for provincial genetic resources for selected forest parts, converted seedling forests, planted seedling forests, mother trees, clonal seed orchards (or stem cutting supply gardens) within their province;

c) Monitoring, evaluating, guiding the use, and reasonable exploitation of nurseries that have been recognized by the Forest Department within their province;

d) Managing the use of national seeds and advanced technology tree seeds recognized by the Ministry of Agriculture and Rural Development within their province;

e) Organizing the Provincial Expert Review Board for forestry plant genetic resources when requested.

Article 13. Procedures for Recognizing Genetic Resources

1. Registration of genetic resources:

- The owner of the genetic resources submits an application for registration according to Form No. 04 along with a technical report on the genetic resources to the Forest Department to apply for a recognition certificate for sexual nurseries and asexual nurseries.

- The seed source owner submits an application for registration using form number 05 along with a technical report on the seed source to the Department of Agriculture and Rural Development at their location to request certification for selected forest compartments, converted seed forests, planted seed forests, mother trees, leading trees (or cutting supply gardens).

2. Evaluation of seed sources.

a) Contents of evaluation:

- The suitability of the seed source for recognition with the planning for developing seed sources and the national or provincial demand for forestry tree seeds;

- The conformity of the seed source with regulations, procedures, and technical standards applicable to each type of seed source that have been issued.

b) Evaluation procedure:

- The agency receiving the application examines the registration dossier according to the evaluation contents specified in point a, clause 2 of this Article;

- If the dossier does not meet the requirements, notify the applicant of the reasons for rejecting the application or the need to supplement necessary data into the dossier;

- The Forest Service establishes an Evaluation Council for recognizing various types of seed gardens nationwide.

- The Department of Agriculture and Rural Development establishes an Evaluation Council for recognizing selected forest compartments, converted seed forests, planted seed forests, mother trees, leading trees (or cutting supply gardens) within the province.

- The Council consists of some managers and specialists invited upon request. The Evaluation Council is responsible for advising the leadership of the Forest Service or the Department of Agriculture and Rural Development on decisions to recognize or revoke recognition of various types of forestry tree seed sources.

- The Evaluation Council conducts field surveys of the seed source, checks the seed source owner on related technical matters, and prepares a record of the assessment and evaluation results.

3. Issuance of Seed Source Recognition Certificate:

Based on the Council's evaluation record, the Forest Service issues the Seed Source Recognition Certificate using form number 06, and the Department of Agriculture and Rural Development issues it using form number 07. In the Seed Source Recognition Certificate, clearly state the necessary technical operations proposed by the Evaluation Council that the seed source owner must perform.

Article 14. Management of recognized forestry tree seed sources

1. The Department of Agriculture and Rural Development performs the state management function for recognized forestry tree seed sources within the province (including those recognized by the Forest Service located within the province). After recognizing the provincial seed source, the Department of Agriculture and Rural Development is responsible for reporting to the Forest Service for consolidation and monitoring.

2. The Forest Service performs the state management function for recognized forestry tree seed sources nationwide. The Forest Service is responsible for consolidating all recognized seed sources by location and type, and announcing them on the Forest Service website using form number 08.

3. After the seed source has been granted the recognition certificate, the seed source owner must be responsible for managing, protecting, and performing technical operations on the seed source according to Technical Regulations for Constructing Seed Forests and Seed Gardens QPN15-93 issued together with Decision No. 804/QĐ-KT dated November 2, 1993 by the Minister of Forestry (now the Ministry of Agriculture and Rural Development), and Technical Regulations for Constructing Converted Seed Forests QPN 46-93 issued together with Decision No. 805/QĐ-KT dated November 2, 1993 by the Minister of Forestry, and specific technical operation requirements stated in the seed source recognition certificate.

Article 15. Validity period of the Seed Source Recognition Certificate for forestry trees

1. The validity period of the recognition certificate for various seed sources recognized at the provincial level is five years for fast-growing trees (except for cutting supply gardens which is two to three years) and seven years for slow-growing trees, from the date of the recognition decision by the Department of Agriculture and Rural Development.

2. The validity period of the recognition certificate for various seed gardens is ten years for fast-growing trees and fifteen years for slow-growing trees, from the date of the recognition decision by the Forest Service.

3. After the periods specified in clauses 1 and 2 of this Article, seed sources must be re-evaluated and new certificates issued if they meet the requirements to ensure that the seed sources maintain genetic quality after usage and technical impact.

Article 16. Revocation of the Seed Source Recognition Certificate for forestry trees

1. Based on the evaluation record of the Seed Source Evaluation Council, the Director of the Forest Service decides to suspend the effectiveness of the recognition certificate for sexual and asexual seed gardens nationwide.

2. Based on the evaluation record of the provincial Seed Source Evaluation Council, the Director of the Department of Agriculture and Rural Development decides to suspend the effectiveness of the recognition certificate for selected forest compartments, converted seed forests, planted seed forests, mother trees, leading trees (or cutting supply gardens) within the province.

3. The Seed Source Recognition Certificate for forestry trees will be revoked when any of the following situations occur:

a) The seed source owner voluntarily requests revocation of the recognition certificate.

b) The recognized seed source has deteriorated or decreased productivity compared to when it was recognized to the extent that it needs to be replaced.

c) The recognized seed source has been damaged (more than 40% area burned, more than 30% affected by pests and diseases) and does not meet production standards.

d) The recognized seed source is no longer effective in production.

4. The revocation of the Seed Source Recognition Certificate is announced by the issuing authority to the seed source owner and updated on the Forest Service website.

Article 17. Code number of forestry tree seed sources

1. Recognized forestry tree seed sources must have a code number. The code number is recorded in the Seed Source Recognition Certificate.

2. The method of establishing the code number for forestry tree seed sources is carried out according to Part A of Appendix 3.

3. The code numbers of various types of forestry tree seeds circulating in the market or used for planting forests must be recorded according to the seed source code number.

Section 4

PRODUCTION AND BUSINESS OF FORESTRY TREE SEEDS

Article 18. Management of production and business of forestry tree seeds

1. The Forest Service is responsible for managing the production and business of forestry tree seeds nationwide.

2. The Department of Agriculture and Rural Development is responsible for managing the production and business of forestry tree seedlings within the province. Where there is a Forestry Inspection Unit, the Department of Agriculture and Rural Development shall delegate this task to the Forestry Inspection Unit.

3. The functional departments at the district level are responsible for inspecting the production and business of forestry tree seedlings within their respective districts.

Article 19. Conditions for producing and trading forestry tree seedlings

1. Organizations and individuals who both produce and trade, or only trade, forestry tree seedlings listed in the main forestry tree seedling catalog (referred to collectively as the seedling supply subjects) must have the following certificates before they can conduct such activities:

a) A certificate confirming compliance with conditions for producing and trading main forestry tree seedlings issued by the Department of Agriculture and Rural Development.

b) A business registration certificate for forestry tree seedlings issued by the competent state agency.

2. Seedling supply subjects will be granted a certificate confirming compliance with conditions for producing and trading main forestry tree seedlings if they meet the conditions stipulated in Clause 1 and Clause 2 of Article 36 of the Seedling Law.

3. Households and individuals producing and trading forestry tree seedlings listed in the main forestry tree seedling catalog but not required to register their business do not need to obtain a certificate confirming compliance with conditions for producing and trading main forestry tree seedlings.

Article 20. Procedures for issuing certificates confirming compliance with conditions for producing and trading main forestry tree seedlings.

1. Seedling supply subjects (including central units operating within the province) that meet the conditions stipulated in Clause 1 and Clause 2 of Article 36 of the Seedling Law shall submit an application form number 09 to the local Department of Agriculture and Rural Development to request issuance of a certificate confirming compliance with conditions for producing and trading main forestry tree seedlings.

2. The Director of the Department of Agriculture and Rural Development decides to establish an assessment team consisting of at least three technical staff members to verify the necessary conditions for producing and trading main forestry tree seedlings as specified by the applicant.

3. The assessment record is submitted to the Director of the Department of Agriculture and Rural Development for decision on whether to issue a certificate to the applicant within thirty days from the date of receipt of the application, along with reasons for rejection.

4. The certificate is issued according to form number 10 to seedling supply subjects operating within the province. This certificate is used by seedling supply subjects in their business registration application for forestry tree seedlings and also during the production and trading process.

Article 21. Revocation of certificates confirming compliance with conditions for producing and trading main forestry tree seedlings.

1. In cases where certificates must be revoked, it is due to violations by seedling supply subjects during their operations, including:

- The Seedling Law;

- Regulations on managing forestry tree seedlings;

- Quality standards for forestry tree seedlings issued by the Ministry of Agriculture and Rural Development;

- No longer meeting the production and trading capabilities as stated in the certificate;

- Having been issued a certificate but not operating for two consecutive years.

2. Authority of the issuing agency:

- Temporarily or permanently revoke certificates confirming compliance with conditions for producing and trading main forestry tree seedlings;

- Notify in writing the violations of seedling supply subjects to the agency that issued the business registration certificate, requesting suspension of operations for a certain period or permanently.

Article 22. Announcing the list of main seedling supply subjects

1. The list of main seedling supply subjects permitted to operate within the province and any changes (if any) is annually announced in writing by the Department of Agriculture and Rural Development to relevant agencies within the province and reported to the Forest Management Bureau.

2. The Forest Management Bureau compiles the lists from provinces to publish on its website and update regularly.

The list and basic information about seedling supply subjects are recorded according to form number 11.

Article 23. Producing and trading forestry tree seedlings.

1. Organizations and individuals are only allowed to produce and trade types of seedlings listed in the catalog of forestry tree seedlings permitted for production and trading issued by the Ministry of Agriculture and Rural Development.

2. Organizations and individuals producing and trading forestry tree seedlings listed in the catalog of forestry tree seedlings permitted for production and trading must ensure the quality of seedlings as registered and bear full responsibility under the law for the quality of seedlings they produce and trade.

3. Seedling supply subjects must maintain a production logbook recording all stages of seedling production during the production process.

4. Organizations and individuals trading forestry tree seedlings, in addition to complying with the provisions of Article 19, must also comply with regulations on transportation and storage of goods under the Goods Quality Law and regulations on weighing, measuring, and counting under the Measurement Law.

Article 24. Producing and trading main forestry tree seedlings

1. Organizations and individuals producing seedlings in Catalog main forestry tree seedlings using asexual propagation methods must obtain materials from mother plants or mother plant nurseries that have been recognized.

2. Organizations and individuals sowing seedlings in Catalog main forestry tree seedlings must obtain seeds from mother trees, selected forest parts, converted seed forests, planted seed forests, or recognized seedling nurseries.

3. Producing and trading seedlings in Catalog main forestry tree seedlings within the province must be confirmed and subject to supervision according to the chain management procedures of the Department of Agriculture and Rural Development.

Article 25. Labels for forestry tree seedlings

Seeds for producing and trading forestry tree seedlings must have labels on packaging. Seedlings for producing and trading must have a pedigree. Information on the packaging and pedigree includes:

- Name and address of the seedling supplier

- Scientific name, Vietnamese name, and local name (if any) of the variety

- Origin of the variety and quality standards of the variety

- Date of production and validity period of the variety

- Guidelines for storage and use of the variety

Section 5

||| EXPORT AND IMPORT OF FORESTRY PLANTING MATERIAL VARIETIES

Article 26. Export of forestry planting material varieties

1. Organizations and individuals are allowed to export forestry planting material varieties not included in the list of prohibited forestry planting material varieties for export issued by the Ministry of Agriculture and Rural Development.

2. Organizations and individuals wishing to exchange with foreign countries forestry planting material varieties included in the list of prohibited forestry planting material varieties for export for scientific research purposes or other special purposes must obtain permission from the Ministry of Agriculture and Rural Development.

Article 27. Import of forestry planting material varieties

1. Organizations and individuals are allowed to import forestry planting material varieties listed in the list of permitted forestry planting material varieties for production and business.

2. Organizations and individuals wishing to import forestry planting material varieties not listed in the list of permitted forestry planting material varieties for production and business for research, trial production, or other special cases must obtain permission from the Ministry of Agriculture and Rural Development.

Article 28. Licensing procedures

1. Local organizations and individuals wishing to exchange with foreign countries forestry planting material varieties belonging to the group of prohibited exports or wishing to import forestry planting material varieties not listed in the list of permitted forestry planting material varieties for production and business must submit an application form (form number 12) to the Forest Department of the Ministry of Agriculture and Rural Development. The application must be accompanied by confirmation opinions of the Provincial Department of Agriculture and Rural Development. Supporting documents include copies of purchase and sale contracts for planting material varieties or donation certificates from partners...

2. Central units wishing to exchange with foreign countries forestry planting material varieties belonging to the group of prohibited exports or wishing to import forestry planting material varieties not listed in the list of permitted forestry planting material varieties for production and business must submit an application form (form number 12) to the Forest Department of the Ministry of Agriculture and Rural Development. Supporting documents include copies of purchase and sale contracts for planting material varieties or donation certificates from partners...

3. Within fifteen days of receiving the application, the Forest Department will review and submit it to the Minister of Agriculture and Rural Development for consideration to issue a permit to the organization or individual applying.

Chapter 6

MANAGEMENT OF QUALITY OF FORESTRY PLANTING MATERIAL VARIETIES

Article 29. Principles of management of quality of forestry planting material varieties

1. Organizations and individuals producing and trading forestry planting material varieties are responsible for the quality of the varieties they produce and trade through the announcement of genetic quality standards of the varieties they produce and trade and the announcement of the quality of the main forestry planting material varieties consistent with industry standards.

2. The physiological quality of planting material varieties is agreed upon by the buyer and seller through a contract suitable for the purpose of using the variety.

Article 30. Quality standards for forestry planting material varieties

The system of quality standards for forestry planting material varieties includes:

1. Vietnamese standards on product quality and measurement.

2. Industry standards on genetic quality recorded in decisions recognizing new varieties, in technical standards of the Ministry of Agriculture and Rural Development.

3. International and regional standards applied in Vietnam.

Article 31. Announcement of quality standards for forestry planting material varieties

1. Organizations and individuals producing and trading forestry planting material varieties must follow the standards listed in the Vietnamese standard and industry standard catalog of the Ministry of Agriculture and Rural Development, and announce the genetic quality standards of the varieties they produce and trade. Announced standards must not be lower than the industry standards of the Ministry of Agriculture and Rural Development.

2. For forestry planting material varieties without industry standards or Vietnamese standards organizations and individuals must self-declare the standards and register them with the provincial forest management agency and bear full responsibility for the varieties they produce.

Article 32. Management of quality of forestry planting material varieties along the chain of main forestry planting material varieties

1. Organizations and individuals producing and trading forestry planting material varieties Catalog main forestry tree seedlings must comply with the monitoring procedures of the chain of main forestry planting material varieties as stipulated in Chapter III of this regulation.

2. Forest management agencies at all levels must implement the management system of the chain of main forestry planting material varieties for varieties listed Catalog main forestry tree seedlings by the Ministry of Agriculture and Rural Development according to each period.

3. Based on the actual requirements of each locality, the People's Committee of the province may stipulate that some forestry planting material varieties outside the list of main forestry planting material varieties must follow the monitoring procedures of the chain of main forestry planting material varieties for quality control.

4. Encourage organizations and individuals producing and trading forestry planting material varieties Catalog permitted for production and business to voluntarily register to follow the monitoring procedures of the chain of main forestry planting material varieties for quality control.

5. All documents and materials specified in the management of quality of forestry planting material varieties along the chain of main forestry planting material varieties issued by the Provincial Department of Agriculture and Rural Development to the seed suppliers have validity throughout the country for circulation and trading of forestry planting material varieties. Strictly prohibit local protectionist behavior obstructing the circulation of forestry planting material varieties between provinces.

Chapter III

INSPECTION AND SUPERVISION OF QUALITY OF FORESTRY PLANTING MATERIAL VARIETIES ALONG THE CHAIN OF MAIN FORESTRY PLANTING MATERIAL VARIETIES

MANAGEMENT OF SEED MATERIALS FOR MAIN FORESTRY PLANTING MATERIAL VARIETIES

Section 1

RULES FOR PRODUCTION AND TRADE OF SEED MATERIALS FOR MAIN FORESTRY PLANTING MATERIAL VARIETIES

Article 33. Rules for production and trade of seed materials for main forestry planting material varieties

1. All types of seed materials (seeds, cuttings, buds, branches, graft eyes...) of varieties listed in List of Main Forestry Planting Material Varieties issued by the Ministry of Agriculture and Rural Development, when put into production and trade, must be harvested from recognized sources with specific source codes.

2. The Department of Agriculture and Rural Development shall be responsible for organizing the monitoring and supervision of the production and business stages of the seed source subjects in forestry tree species to comply with the provisions of Clause 1 of this Article (including central units located within the province). In areas where there is a Forestry Sub-department, the Department of Agriculture and Rural Development shall delegate this task to the Forestry Sub-department to implement.

3. Seed source subjects in forestry tree species must retain relevant documents and certificates, establish a record book for continuous tracking to prove that all types of propagation materials entering production, business, and circulation have clear and accurate seed source codes with specific quantities and production years.

4. All main propagation materials of forestry tree species stored in warehouses or during circulation and transportation must be labeled with the following information:

- Name and address of the seed source subject in forestry tree species.

- Scientific name, Vietnamese name, and local name (if any) of the propagation material.

- Quantity along with the seed source code of each batch of seeds or each clonal line.

- Year of production.

Article 34. Management Methods.

1. Before harvesting propagation materials (seeds or clonal propagules), the seed source subject must send a notification letter to the Department of Agriculture and Rural Development at the location according to form number 13 (filling out all items in Part 1 and leaving Part 2 blank). 2. During the process of harvesting seeds or clonal propagules, the seed source subject must establish a record book to update the following data:

a) For seeds:

- The quantity of seeds harvested in batches at the seed source site;

- The quantity of seeds entered into storage after sun-drying and processing.

b) For clonal propagules:

- The number of cuttings or culture bottles (tissue cultures) of each clonal line introduced for propagation;

- The number of successfully propagated clonal seedlings of each clonal line currently being maintained.

3. After the harvest,

when all batches of seeds have been processed, packaged, and entered into storage (for seeds) or the process of taking cuttings, buds, and branches has ended (for clonal propagules), the seed source subject must fill in the results of harvesting seeds or clonal propagules in Part 2 of the notification on harvesting propagation materials (form number 13) and submit it to the Department of Agriculture and Rural Development to apply for a certificate of origin for the batch of seeds. 4. When selling various types of propagation materials, the seed source subject is responsible for:

- Establishing a warehouse dispatch note and sales invoice according to the model of the Ministry of Finance, clearly stating the quantity of each seed source (for seeds), the number of cuttings, culture bottles, or seedlings of each clonal line along with the seed source code/clonal line to hand over to customers and retain at the unit;

- A copy of the certificate of origin of the batch of seeds sold to customers.

- Updating records in the tracking book.

Retained copies of warehouse dispatch notes, financial invoices, and tracking books serve as explanations during inspection and audit periods.

Article 35. Issuance of Certificate of Origin for Batch of Seeds

1. Time limit for issuance: 15 days from the date of receipt of the notification on harvesting seeds (form number 13) from the seed source subject in forestry tree species, the Department of Agriculture and Rural Development (or the Forestry Sub-department assigned the task) will issue or notify non-issuance of the certificate of origin for the batch of seeds and the reasons for non-issuance.

2. Procedures for issuance: The Department of Agriculture and Rural Development (or the Forestry Sub-department assigned the task) will review the data recorded in the notification on harvesting seeds and the actual capacity of the seed source producing the batch of seeds requesting certification; if necessary, organize on-site reviews of the production of the seed source. If the review confirms that the batch of seeds was truly produced from the recognized seed source with accurate codes and meets the specified quality standards, the batch of seeds will be issued a certificate according to form number 14.MANAGEMENT OF SEEDLINGS IN NURSERIES

Rules for managing seedling production in nurseries1. All types of seedlings of tree species listed by the Ministry of Agriculture and Rural Development must be grown from batches of seeds with a certificate of origin.

Section 2

2. The Department of Agriculture and Rural Development shall be responsible for organizing the monitoring and supervision of the production and business stages of seedling supply subjects in forestry tree species to comply with the provisions of Clause 1 of this Article (including central units located within the province). In areas where there is a Forestry Sub-department, the Department of Agriculture and Rural Development shall delegate this task to the Forestry Sub-department to implement.

Article 36. 3. Seedling supply subjects in forestry tree species must retain relevant documents and certificates, establish a record book for continuous tracking to prove that seedlings of the unit entering production, business, and circulation have clear and accurate origins with specific quantities and production years.

Management Methods List of Main Forestry Planting Material Varieties 1. The nursery manager must establish a record book for tracking the planting and growing of seedlings separately for each batch of seeds and report the results of seedling production according to form number 15 to the Department of Agriculture and Rural Development at the location to apply for a certificate of origin for the batch of seedlings.

2. In cases where seedling materials are purchased from another unit for planting and growing, the nursery manager must obtain an invoice and warehouse dispatch note from the seller, clearly stating the quantity along with the code of each batch of seeds and a copy of the certificate of origin for the batch of seeds.

3. Seedling beds or cutting beds in the nursery or in the cutting house must have signs or diagrams clearly indicating the code of each seed source.

Article 37. 4. When selling various types of seedlings, the seed supply subject is responsible for:

- Establishing a warehouse dispatch note and sales invoice according to the model of the Ministry of Finance, clearly stating the quantity of seedlings of each seed source or each clonal line along with the seed source code/clonal line to hand over to customers and retain at the unit; - Handing over a copy of the certificate of origin for the batch of seedlings sold to customers. Issuance of Certificate of Origin for Batch of Seedlings

: 15 days from the date of receipt of the notification on the results of seedling production and business (form number 15) from the seed supply subject in forestry tree species;

: The certificate of origin for the batch of seedlings is issued according to the following procedures:

a) Review through records: the data recorded in the notification; tracking books for incoming and outgoing seed materials and planting;

b) On-site review at the production facility (if necessary): the origin and code of the batch of seeds, technical quality of the batch of seedlings.

- Deliver a certified copy of the origin certificate of the batch of seedlings sold to customers.

Retained copies of warehouse dispatch notes, financial invoices, and tracking books serve as explanations during inspection and audit periods.

Article 35. Issuance of Certificate of Origin for Batch of Seeds

Article 38. Issuing a certificate of origin for the batch of seedlings.

2. Procedures for issuance: The Department of Agriculture and Rural Development (or the Forestry Sub-department assigned the task) will review the data recorded in the notification on harvesting seeds and the actual capacity of the seed source producing the batch of seeds requesting certification; if necessary, organize on-site reviews of the production of the seed source. If the review confirms that the batch of seeds was truly produced from the recognized seed source with accurate codes and meets the specified quality standards, the batch of seeds will be issued a certificate according to form number 14.: Within fifteen days from the date of receipt of the production and business results notification of the forestry planting material supplier (form number 15).

Rules for managing seedling production in nurseries: The certificate of origin for the batch of seedlings shall be issued in accordance with the following procedures:

a) Review through records: the data recorded in the notification; the import, export, and sowing records of planting materials.

b) On-site inspection at the production facility (if necessary): the origin and batch code of the planting material, the technical quality of the batch of seedlings.

c) The certificate is issued when the evaluation result confirms that the seedling lot has accurate origin and lot number, and meets the specified quality standards.

d) The origin certificate for the seedling lot issued by the Department of Agriculture and Rural Development (or the Forestry Sub-Department assigned the task) according to form number 16.

Section 3

MANAGEMENT OF THE USE OF FORESTRY SEEDLINGS FOR PLANTING

Article 39. Rules on the management and use of forestry seedlings for planting forests

1. Projects and programs for planting forests using seedlings within List of Main Forestry Planting Material Varieties, which utilize state budget funds, foreign aid, or preferential loans from the state, must use seedlings produced from recognized sources and grown in designated areas for such seed sources.

2. The Forestry Bureau and the Departments of Agriculture and Rural Development of provinces are responsible for organizing inspections of forest planting units under their management to ensure compliance with the provisions set out in Clause 1 of this Article.

3. Units referred to in Clause 1 of this Article, if they produce seedlings themselves or purchase seedlings from other units for planting forests, must have documentation and records proving that the seed source for planting forests complies with regulations, and only then can they be settled and paid for the seedling planting expenses.

Article 40. 4. When selling various types of seedlings, the seed supply subject is responsible for:

1. In the case of producing seedlings for planting forests, the forest planting unit must have a certificate of origin for the seed lot along with other supporting documents for settlement and payment.

2. In the case of purchasing seedlings from other units for planting forests, the forest planting unit must have a copy of the certificate of origin for the seedling lot, accompanied by a financial invoice clearly stating the quantity of seedlings and the matching seed source code, together with other supporting documents for settlement and payment.

3. At the end of each annual planting season, central units must report to the Forestry Bureau on the situation and results of seedling use for planting forests according to form number 17. Provincial units must report to the Department of Agriculture and Rural Development according to form number 18.

Section 4

INSPECTION, AUDIT AND SETTLEMENT OF DISPUTES

FORESTRY SEEDLINGS

Article 41. Inspection, audit, and supervision of forestry seedlings

1. All organizations and individuals engaged in the production and business of forestry seedlings in the province are subject to inspection, audit, and supervision by the local Department of Agriculture and Rural Development.

2. The Forestry Bureau shall conduct audits of subordinate units and provinces regarding the implementation of the seedling management regulations.

Article 42. Contents of inspection and audit of production and business of forestry seedlings

1. The contents of inspection and audit of production and business of seedlings include the degree of conformity between the registered production and business activities permitted for organizations and individuals and the actual activities they are conducting, as reflected in the following aspects:

a) Sources of seedlings and types of propagation materials used for production and business.

b) Quantity and quality of seedlings produced.

c) Schedule and planting seasons for seedlings and seeds.

d) Seedling production methods (processing, storage, testing, and propagation methods).

e) Facilities and equipment for seedling production.

g) Methods and equipment for transporting seedlings.

h) Seedling labels, seed source codes, or seedling introduction materials published.

i) Compliance with plant protection and quarantine regulations, and environmental protection laws.

2. In addition to the above contents, organizations and individuals also undergo inspection of other related contents concerning seedling production when there are customer complaints.

Article 43. Procedures for inspection and audit of production and business of forestry seedlings

1. The Forestry Bureau or the Department of Agriculture and Rural Development organizes regular or spot inspections as necessary.

2. During the inspection process, if violations are discovered, they will be handled according to the provisions of Decree No. 57/2005/NĐ-CP dated April 27, 2005 of the Government on administrative penalties for violations in the field of seedlings.

Article 44. Resolution of disputes regarding forest tree varieties

Disputes concerning forest tree varieties and copyright for new forest tree varieties shall be resolved by the People's Court in accordance with the provisions of the law./.