Decree No. 98/2011/ND-CP Amending and supplementing certain articles of decrees on agriculture

DECREE

Amending and supplementing certain articles of decrees on agriculture

_____________________

 

GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Considering the proposal of the Minister of Agriculture and Rural Development,

DECREE:

Article 1. Amending and supplementing certain articles of Decree No. 88/2010/NĐ-CP dated August 16, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on Intellectual Property and the Law amending and supplementing certain provisions of the Law on Intellectual Property regarding rights to plant varieties

1. Clause 1 of Article 16 shall be amended and supplemented as follows:

"Article 16. Conditions for organizations and individuals designated to conduct trials

1. Organizations and individuals designated to conduct trials must meet the following conditions:

a) Having the function of conducting trials or researching and developing plant varieties;

b) Having suitable locations and areas of land to arrange experimental trials according to the requirements for the type of crop designated for trial;

c) Having specialized equipment or having contracts with other organizations or individuals to analyze and evaluate indicators according to the requirements for the type of crop designated for trial;

d) Having at least one (01) technical staff member with a bachelor's degree in agronomy or plant breeding or who has directly worked in technical trial work for at least two (02) years;

đ) Having a set of standard samples of widely known plant varieties belonging to the type of crop designated for trial."

2. Article 26 shall be amended and supplemented as follows:

"Article 26. Transfer of rights to protected plant varieties

1. After completing the transfer contract for rights to plant varieties in accordance with the provisions of the law, the transferring party must submit one (01) set of registration documents for the transfer contract to the Plant Variety Protection Agency and pay the prescribed fee.

2. The registration documents for the transfer contract for rights to plant varieties include:

a) A registration form according to the model issued by the Ministry of Agriculture and Rural Development;

b) One (01) copy of the contract (original or certified true copy or photocopied original for comparison), made in Vietnamese or must be translated into Vietnamese, each page must have signatures of the parties or stamps of overlapping seals;

c) Certificate of protection for plant variety (original or certified true copy or photocopied original for comparison);

d) Written consent from co-owners in cases where the plant variety is jointly owned (Original);

đ) Photocopy of the receipt for payment of fees or faxed proof of money transfer to the account of the Plant Variety Protection Agency;

e) In cases where the plant variety was created using state budget funds, additional documents proving that the transfer is carried out in accordance with Clause 1 of Article 27 of Decree No. 88/2010/NĐ-CP must be provided.

3. If the documents are incomplete according to the regulations, within five (05) working days from the date of receiving the documents, the Plant Variety Protection Agency will notify the organization or individual to complete the documents.

4. Within thirty (30) working days from the date of receiving the complete documents as required, the Plant Variety Protection Agency will review the documents and submit to the Ministry of Agriculture and Rural Development for issuance of the Registration Certificate for the transfer contract for rights to plant varieties, issue a new Certificate of Protection for the new owner, and announce acceptance of the new application for protection under the name of the new applicant (in case of transfer of the application for protection)"

3. Article 31 shall be amended and supplemented as follows:

"Article 31. Procedures for compulsory transfer of rights to use protected plant varieties

1. Organizations and individuals wishing to use plant varieties may submit an application to register for compulsory transfer of rights to use plant varieties in cases stipulated in point a, Clause 1 of Article 195 of the Law on Intellectual Property. Organizations and individuals who fail to reach an agreement on the use of plant varieties or are hindered in competition may submit an application to register for compulsory transfer of rights to use plant varieties in cases stipulated in points b and c, Clause 1 of Article 195 of the Law on Intellectual Property.

2. Documents for compulsory transfer of rights to use plant varieties include:

a) A compulsory transfer request form for rights to use plant varieties according to the model issued by the Ministry of Agriculture and Rural Development, clearly stating the scope and duration of the compulsory transfer;

b) Photocopy of the Certificate of Registration for Production and Business of Plant Varieties;

c) Financial report demonstrating the ability to compensate the transferring party as prescribed;

d) Documentation proving that the request for compulsory transfer of rights to use plant varieties is based on solid grounds as prescribed by law in cases stipulated in points b and c, Clause 1 of Article 195 of the Law on Intellectual Property;

đ) Power of attorney in cases where the application is submitted through a representative;

e) Photocopy of the receipt for payment of fees or faxed proof of money transfer to the account of the Plant Variety Protection Agency.

3. Procedures for compulsory transfer of rights to use protected plant varieties as stipulated in point a, Clause 1 of Article 195 of the Law on Intellectual Property:

a) The Plant Variety Protection Agency receives one (01) set of documents as specified in Clause 2 of this Article and checks the completeness of the documents within five (05) working days from the date of receipt of the documents. If the documents are incomplete, the Plant Variety Protection Agency will notify the organizations and individuals to complete the documents;

b) Within fifteen (15) working days from the date of receiving the complete documents as required, the Ministry of Agriculture and Rural Development issues a decision on compulsory transfer of rights to use plant varieties and notifies the decision to the transferring party and the receiving party for implementation.

4. Procedures for compulsory transfer of rights to use protected plant varieties as stipulated in points b and c, Clause 1 of Article 195 of the Law on Intellectual Property:

a) The Plant Variety Protection Agency receives one (01) set of documents as specified in Clause 2 of this Article and checks the completeness of the documents within five (05) working days from the date of receipt of the documents. If the documents are incomplete, the Plant Variety Protection Agency will notify the organizations and individuals to complete the documents;

b) Within fifteen (15) working days from the date of receiving complete files as prescribed, the Ministry of Agriculture and Rural Development shall notify the person holding the exclusive right to use plant varieties about the requirement for compulsory transfer of the right to use plant varieties;

c) Within thirty (30) working days from the date of issuing the notification, the person holding the exclusive right to use plant varieties must respond in writing;

d) In case the person holding the exclusive right to use plant varieties disagrees with the requirement for compulsory transfer of the right to use plant varieties, within fifteen (15) working days, the Ministry of Agriculture and Rural Development shall respond in writing;

đ) The Ministry of Agriculture and Rural Development shall issue a decision on compulsory transfer of the right to use plant varieties if the requirement for compulsory transfer of the right to use plant varieties complies with the regulations and notify the decision to both the transferring party and the receiving party for implementation;

e) In case the request for a decision on the transfer of the right to use plant varieties lacks credible grounds as stipulated in point b, c Clause 1 Article 195 of the Intellectual Property Law, the Ministry of Agriculture and Rural Development shall issue a notification of refusal, clearly stating the reasons for refusal."

Article 2. Amending and supplementing some articles of Decree No. 02/2007/NĐ-CP dated January 5, 2007 of the Government on plant quarantine

1. Clause 5 of Article 26 shall be amended and supplemented as follows:

"Article 26. Conditions for fumigation disinfection operations

5. Having a workplace and storage area for equipment and chemicals as prescribed."

2. Clause 1 of Article 27 shall be amended and supplemented as follows:

"Article 27. Conditions for issuing a certificate of practice in fumigation disinfection

1. Having a bachelor's degree or higher in one of the following majors: chemical engineering, plant protection, crop production, or agriculture."

Article 3. Amending and supplementing Clause 1 of Article 17 of the Regulation on Management of Plant Protection Chemicals issued together with Decree No. 58/2002/NĐ-CP dated June 3, 2002 of the Government

Clause 1 of Article 17 shall be amended and supplemented as follows:

"Article 17. Conditions for issuing a certificate of practice for persons engaged in the sale of plant protection chemicals

1. Having a diploma of secondary vocational education or higher in one of the following majors: crop production, plant protection, biology, agricultural education, or having a certificate of participation in a specialized course on plant protection chemicals issued by the Provincial Plant Protection Department."

Clause 1 of Article 1 is amended and supplemented as follows:

"Article 1. Amending and supplementing some articles of Decree No. 33/2005/NĐ-CP dated March 15, 2005 of the Government providing detailed regulations on some provisions of the Animal Health Ordinance as follows:

1. Article 30 shall be amended and supplemented as follows:

"Article 30. Declaration of animal quarantine and terrestrial animal products quarantine

1. Before transporting or circulating within the country animals and terrestrial animal products listed in the Catalogue of Animals and Terrestrial Animal Products Subject to Quarantine, the consignor must declare quarantine and submit one set of quarantine documents as prescribed to the provincial or centrally-administered city animal health management agency or the district, county, town, or city under province animal health management agency. The declaration of quarantine shall be made as follows:

a) At least two (02) working days in advance if the animals have been subject to mandatory preventive measures as prescribed and still have immunity; at least from fifteen (15) to thirty (30) working days in advance if the animals have not been subject to mandatory preventive measures as prescribed or no longer have immunity;

b) At least two (02) working days in advance if the terrestrial animal products have been tested for veterinary hygiene indicators or sent through postal service; seven (07) working days in advance if the terrestrial animal products have not been tested for veterinary hygiene indicators.

Within one (01) working day from the date of receiving complete documents as prescribed, the agency receiving the documents shall confirm the declaration of quarantine and notify the location and time for conducting quarantine.

Within one (01) working day from the date when the animals and terrestrial animal products are gathered at the designated location, the agency receiving the documents shall conduct quarantine.

2. Consignors who wish to export, import, temporarily import for re-export, temporarily export for re-import, transship, or transit through Vietnam's territory animals and terrestrial animal products listed in the Catalogue of Animals and Terrestrial Animal Products Subject to Quarantine or animals and terrestrial animal products that are new to Vietnam must register for quarantine and submit one set of quarantine documents as prescribed to the competent animal quarantine agency according to the regulations of the Ministry of Agriculture and Rural Development.

Within five (05) working days from the date of receiving complete documents as prescribed, the competent animal quarantine agency shall respond to the consignor and guide the requirements for quarantine, while sending the relevant agencies for coordination in implementing quarantine.

Prior to the goods arriving at the border gate, the consignor must declare to the competent quarantine agency as follows:

a) Export declaration before shipping: as prescribed in point a, b Clause 1 of this Article;

b) Import declaration: at least eight (08) days before the goods arrive at the border gate; two (02) days before the goods arrive at the post office;

c) Temporary import for re-export, temporary export for re-import, transshipment, transit through Vietnam's territory: at least four (04) days before the goods arrive at the border gate.

Within one (01) working day from the date of receiving the declaration from the consignor, the competent animal quarantine agency shall notify the consignor of the location and time for conducting quarantine, the entry port, exit port, and other related regulations for cases involving transit through Vietnam's territory of animals and terrestrial animal products.

3. The Ministry of Agriculture and Rural Development shall be responsible for:

a) Prescribing the competent quarantine agency to receive registration and implement quarantine of exported, imported, temporarily imported for re-export, temporarily exported for re-import, transshipped, or transited animals and terrestrial animal products through Vietnam's territory.

b) Publish the List of countries and territories permitted to export animals and animal products to Vietnam or the List of countries and territories not permitted to export animals and animal products to Vietnam before January 1, 2012. These lists shall be amended and supplemented regularly when there are changes.

c) Provide that from January 1, 2015, organizations and individuals importing animals and animal products into Vietnam only need to complete registration procedures and quarantine at one authorized veterinary agency.

Article 5. Amend and supplement some articles of Decree No. 82/2006/NĐ-CP dated August 10, 2006 of the Government on management of export, import, re-export, re-import from sea, transit, breeding, growing, and artificial cultivation of endangered, precious, and rare wild animals and plants as follows:

1. Article 11 is amended and supplemented as follows:

"Article 11. Registration of breeding farms, growing farms, and artificial cultivation facilities for wild animals and plants specified in the Appendices of CITES

1. Registration of breeding farms, growing farms, and artificial cultivation facilities for wild animals and plants specified in Appendix I of CITES

a) Organizations, households, and individuals submit directly or send via postal service one (01) set of registration dossier for breeding farms, growing farms, and artificial cultivation facilities specified in Appendices III-A and III-B of this Decree to the specialized management agency of fisheries at the provincial level when registering aquatic species; the Forest Protection Department at the provincial level for other wild animal and plant species;

b) Within three (03) working days from the date of receiving the registration dossier, if the dossier does not meet the requirements, the agency receiving the dossier as stipulated in point a of this clause must notify the organization, household, or individual to complete the dossier.

Within fifteen (15) working days from the date of receiving a complete dossier as prescribed, the agency receiving the dossier must complete the review and send the reviewed dossier to the CITES Management Authority of Vietnam.

In case of refusal to accept the dossier; within five (05) working days, the CITES Management Authority of Vietnam must notify the reasons for refusal to the dossier review agency and the organization, household, or individual registering the breeding farm, growing farm, or artificial cultivation facility. In case of acceptance of the dossier, the CITES Management Authority of Vietnam must examine and forward the registration dossier to the Secretariat of the CITES International Convention for examination and approval within fifteen (15) working days from the date of receipt of the reviewed registration dossier.

Within five (05) working days from the date of receipt of the approval opinion of the CITES International Secretariat, the CITES Management Authority of Vietnam must issue a certificate of registration for breeding farms, growing farms, and artificial cultivation facilities for commercial purposes of species listed in Appendix I of CITES to the organization, household, or individual.

2. Registration of breeding farms, growing farms, and artificial cultivation facilities for wild animals and plants specified in Appendices II and III of CITES

Organizations, households, and individuals submit directly or send via postal service one (01) set of registration dossier for breeding farms, growing farms, and artificial cultivation facilities specified in Appendices IV-A and IV-B of this Decree to the specialized management agency of fisheries at the provincial level when registering aquatic species; the Forest Protection Department at the provincial level for other wild animal and plant species.

Within three (03) working days from the date of receiving the registration dossier, if the dossier does not meet the requirements, the agency receiving the dossier must notify the organization, household, or individual to complete the dossier according to the regulations. Within seven (07) working days from the date of receiving a complete dossier as prescribed, the agency receiving the dossier will conduct the review and issue a certificate of registration for breeding farms, growing farms, and artificial cultivation facilities according to Model Annex 5 of Decree No. 82/2006/NĐ-CP.

3. Article 16 shall be amended and supplemented as follows:

"Article 12. Conditions and registration of breeding farms, growing farms, and artificial cultivation facilities for endangered, precious, and rare wild animals and plants as prescribed by Vietnamese law but not specified in the Appendices of the CITES Convention

1. Breeding farms and growing farms for endangered and precious wild animals as prescribed by Vietnamese law must ensure the conditions stipulated in Clause 1 of Article 10 of Decree No. 82/2006/NĐ-CP.

2. Registration of breeding farms and growing farms for endangered and precious wild animals as prescribed by Vietnamese law shall be carried out according to the provisions of Clause 2 of Article 11 of Decree No. 82/2006/NĐ-CP, which has been amended and supplemented in Clause 1 of Article 5 of this Decree.

3. Artificial cultivation facilities for endangered and precious wild plants:

a) For tree species, must register the planted forest with the local Forest Protection Station according to the laws on forest protection and development;

b) For non-tree plant species, follow the provisions of Clause 2 of Article 11 of Decree No. 82/2006/NĐ-CP, which has been amended and supplemented in Clause 1 of Article 5 of this Decree."

3. Clause 1 of Article 16 is amended and supplemented as follows:

"Article 16. Procedures and methods for implementing CITES permit and certificate application procedures

1. Procedures and methods for implementing the application procedures for CITES permits and certificates (applicable to both specimens of endangered and precious wild animals and plants not listed in CITES but included in the List of Endangered and Precious Wild Animals and Plants in Vietnam as prescribed by Vietnamese law).

a) Organizations, households, and individuals submit one (01) set of application dossier directly or via postal service for each permit application to the CITES Management Authority of Vietnam or the Southern CITES Management Authority of Vietnam."

b) Procedures for implementation:

In case the file is not complete according to the regulations within three (03) working days from the date of receiving the file, the agency receiving the file shall notify the organization, household, or individual to complete the file. At the latest ten (10) working days from the date of receiving the complete file according to the regulations, the agency receiving the file must complete the examination and issue the CITES permit or certificate. In cases where the file needs to wait for confirmation, examination, or advice from the CITES International Secretariat, the CITES Scientific Authority, and the CITES Management Authority of relevant member countries, within five (05) working days from the date of receiving the file, the agency receiving the file must notify the organization or individual submitting the file.

The organization, household, or individual receives one (01) original permit or certificate during administrative hours on weekdays at the department responsible for receiving and delivering the results of administrative procedures (where the file was submitted). In case of receiving through a proxy, the proxy must have an authorization letter and the identity card or passport of the authorizer.

(i) Loans and financial leasing (including loans and financial leasing to other credit institutions and branches of foreign commercial banks in Vietnam), except:

Article 17. File for issuing export and re-export permits and certificates

1. Export and re-export specimens for commercial purposes

a) The file includes: application form for the permit or certificate according to the model attached as Appendix I of this Decree; proof of legal origin of the specimen according to current regulations (photocopy with the original for comparison, in case of direct submission, or certified copy, in case of submission via postal service). Photocopy of the trade contract concluded between the parties involved;

b) The procedure is prescribed in Clause 1 of Article 16 of Decree No. 82/2006/NĐ-CP amended and supplemented in Clause 3 of Article 5 of this Decree.

2. Export and re-export specimens not for commercial purposes

a) The file includes: application form for the permit or certificate according to the model attached as Appendix I of this Decree; photocopy of the signed cooperation program for scientific research or confirmation of gift, diplomatic exchange approved by the competent authority (for specimens for scientific research, diplomatic purposes); photocopy of the decision to send specimens to exhibitions or non-commercial circus performances issued by the competent authority; photocopy of the file proving the legal origin of the specimen according to the law; photocopy of the import permit issued by the CITES Management Authority of the importing country for specimens listed in Appendix I of CITES.

In case of direct submission, the organization or individual must bring the original for comparison, in case of submission via postal service, the above documents must be certified copies.

b) The procedure is prescribed in Clause 1 of Article 16 of Decree No. 82/2006/NĐ-CP amended and supplemented in Clause 3 of Article 5 of this Decree.

3. Export and re-export hunting specimens:

a) The file includes: application form for the permit or certificate according to the model attached as Appendix I of this Decree; file proving the legal origin of the specimen according to the law (photocopy with the original for direct comparison in case of direct submission, or certified copy in case of submission via postal service);

b) The procedure is prescribed in Clause 1 of Article 16 of Decree No. 82/2006/NĐ-CP amended and supplemented in Clause 3 of Article 5 of this Decree.

4. Export and re-export pre-Convention specimens:

a) The file includes: application form for the permit or certificate according to the model attached as Appendix I of this Decree; proof of pre-Convention specimens or photocopy of the CITES import permit for re-export cases (photocopy with the original for direct comparison in case of direct submission, or certified copy in case of submission via postal service);

b) The procedure is prescribed in Clause 1 of Article 16 of Decree No. 82/2006/NĐ-CP amended and supplemented in Clause 3 of Article 5 of this Decree.

5. Article 18 is amended and supplemented as follows:

Article 18. File for issuing import permits and certificates

1. Importing specimens for commercial purposes:

a) The file includes: application form for the permit or certificate according to the model attached as Appendix I of this Decree; photocopy of the trade contract concluded between the parties involved; photocopy of the export or re-export permit issued by the CITES Management Authority of the exporting or re-exporting country.

In case the imported specimen is live wild animals or plants, the file must also include the following documents: confirmation of the conditions for keeping, caring for terrestrial animals and plants by the provincial Forest Protection Department or confirmation by the specialized management agency at the provincial level for aquatic species; confirmation by the CITES Scientific Authority of Vietnam that the importation of such specimens will not adversely affect the environment and conservation of species in Vietnam; decision recognizing new breeds of livestock or crops and inclusion in the list of permitted production and trading breeds issued by the competent authority for the first time imported into Vietnam.

b) The procedure is prescribed in Clause 1 of Article 16 of Decree No. 82/2006/NĐ-CP amended and supplemented in Clause 3 of Article 5 of this Decree.

2. Importing specimens not for commercial purposes:

a) The file includes: application form for the permit or certificate according to the model attached as Appendix I of this Decree; photocopy of the signed cooperation program for scientific research or confirmation of gift, diplomatic exchange approved by the competent authority (for specimens for scientific research, diplomatic purposes); photocopy of the decision to send specimens to exhibitions or non-commercial circus performances issued by the competent authority; photocopy of the export permit issued by the CITES Management Authority of the exporting country;

b) The procedure is prescribed in Clause 1 of Article 16 of Decree No. 82/2006/NĐ-CP amended and supplemented in Clause 3 of Article 5 of this Decree.

3. Importing hunting specimens:

a) The file includes: application form for the permit or certificate according to the model attached as Appendix I of this Decree; photocopy of the export permit issued by the CITES Management Authority of the exporting country;

b) The procedure and method of implementation are prescribed in Clause 1 of Article 16 of Decree No. 82/2006/NĐ-CP amended and supplemented in Clause 3 of Article 5 of this Decree.

4. Importing pre-Convention specimens:

a) The file includes: application form for permit and certificate according to the model at Appendix I issued together with this Decree; proof of specimens pre-Convention or a copy of CITES import permit for re-export cases (a copy with original for comparison if submitted directly; or certified copy if submitted via postal service).

b) The procedure is prescribed in Clause 1 of Article 16 of Decree No. 82/2006/NĐ-CP amended and supplemented in Clause 3 of Article 5 of this Decree.

6. Article 19 is amended and supplemented as follows:

"Article 19. File for issuing import permit from sea of specimens specified in Appendices I and II of the CITES Convention

1. The file includes: application form for permit and certificate according to the model of Appendix I issued together with this Decree; approval document of the Fisheries General Department. In case of importing live wild animals or plants from sea, the file must also include the following documents:

a) Confirmation of meeting the conditions for breeding, keeping, and caring for such animals or plants by the provincial specialized management agency;

b) Confirmation by the CITES Vietnam Scientific Authority that importing such specimens does not adversely affect the environment and conservation of species within the country for the first time imported into Vietnam.

2. The procedures are prescribed in Clause 1 of Article 16 of Decree No. 82/2006/NĐ-CP amended and supplemented in Clause 3 of Article 5 of this Decree."

7. Article 20 is amended and supplemented as follows:

"Article 20. File for issuing permit for transporting transiting live animals

1. The file includes: application form for permit and certificate according to the model at Appendix I issued together with this Decree; CITES export or re-export permit issued by the exporting or re-exporting CITES Management Authority (a copy with original for comparison if submitted directly; or certified copy if submitted via postal service); Contract for transiting transport (a copy with original for comparison if submitted directly; or certified copy if submitted via postal service).

2. The procedures are prescribed in Clause 1 of Article 16 of Decree No. 82/2006/NĐ-CP amended and supplemented in Clause 3 of Article 5 of this Decree."

8. Article 22 is amended and supplemented as follows:

"Article 22. File for requesting pre-Convention specimen certificate

1. The file includes: application form for permit and certificate according to the model at Appendix I issued together with this Decree; documents proving the legal origin of the specimen such as purchase invoice, exploitation permit, import permit (a copy with original for comparison if submitted directly; or certified copy if submitted via postal service).

2. The procedures are prescribed in Clause 1 of Article 16 of Decree No. 82/2006/NĐ-CP amended and supplemented in Clause 3 of Article 5 of this Decree."

9. Replace Annexes 3-A; 3-B; 4-A and 4-B issued together with Decree No. 82/2006/NĐ-CP with corresponding Appendices III-A; III-B; IV-A and IV-B issued together with this Decree.

Article 6. Amending and supplementing Point a and Point b Clause 2 Article 54 of Decree No. 23/2006/NĐ-CP dated March 3, 2006 of the Government on implementing the Law on Protection and Development of Forests

Point a and Point b Clause 2 Article 54 are amended and supplemented as follows:

"Article 54. Scientific research in forests

2. For domestic organizations and individuals and foreign organizations and individuals conducting activities related to practice, internship, implementation of special topics, scientific research projects in forests must comply with the following regulations:

a) Domestic organizations and individuals when having needs for research, teaching, or internship in forest areas must send a letter to the forest owner. At the latest five (05) working days from the date of receipt of the request letter, the forest owner must respond in writing, and in case of refusal, the reasons must be clearly stated.

Organizations and individuals can only conduct research, teaching, or internship in the forest upon written consent from the forest owner.

b) International organizations, non-governmental organizations, and foreign individuals conducting scientific research or cooperating with domestic organizations and individuals to conduct scientific research in forest areas must obtain permission from the Ministry of Agriculture and Rural Development based on approved project proposals or scientific cooperation agreements.

Organizations and individuals submit project proposals or scientific cooperation agreements already approved by competent authorities to the Ministry of Agriculture and Rural Development. At the latest five (05) working days from the date of receipt of the proposal or agreement, the Ministry of Agriculture and Rural Development must respond in writing, and in case of refusal, the reasons must be clearly stated.

Within fourteen (14) days after the end of scientific research, teaching, or internship activities in the forest area, organizations and individuals must submit a report on the results of scientific research, teaching, or internship to the Ministry of Agriculture and Rural Development."

Article 7. Effective Date

This Decree takes effect from December 15, 2011.

Article 8. Responsibility for Implementation

1. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with relevant ministries and sectors to guide the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.