NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM
Independence -Freedom –Happiness
Law No:      /2018/QH14
..Draft..
LAW ON CROP PRODUCTION
Pursuant to the Constitution of the Socialist Republic of Vietnam [passed] in 2013;
The National Assemb ly promulgates the Law on C rop production .
Chapter I
GENERAL PROVISIONS
Article 1. Scope of governing
This Law provides for plant varieties, fertilizers, cultivation , harvesting, purchase, sale,
preliminar ily-processing, processing, preservation, export a nd import of cropproducts; State
management of crop production .
Article 2. Applicability
This Law applies to domestic organizations and individuals as well as to foreign organizations
and individuals involved in activities of crop production in Vietnam.
Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
1.Crop production meansthe whole process of cultivation to create a product (s)and use
it for different purposes.
2.Cultivation meansthe process of using resourc es, input materials, labor resources and
application of production processes to create products from plants.
3.Plant varieties mean a population of plants of the same lowest plant classification level,
uniform in morphology, stable through propagation cycles,identified by the expression
of traits caused by genotypes or by coordination of genotypes which are regulated and
distinguishable from any other plant population by the expression of at least one trait
which is capable of inheritance.
Plant varieti es include agricultural, forestry, aquatic, ornamental and medicinal plant
varieties.
4.Annual crop plantsmean plants which are sowed and planted,andwhose production
cycle isfinishedwithina period of not more than one year, or whose roots are kept for
harvest in thesubsequent years.
5.Perennial crop plantsmeanplants, whichhave a growth period of two years or more
and can be harvested once or several times inthe production cycle.26.Plant propagati ngmaterialsmeanplants or parts of plants ( seeds, tubers, fruits, roots,
stems, branches, leaves, flower buds, cell tissue), hyphae, weeds, algae, micro -algae
which can d evelopto becomea new plant for propagation or for sowing and planting.
7.Major plant speciesmean species of plant which are important for economic
development must be strictly managed.
8.Widely-known plantvarietiesmeanplant varieties whichbelong to one of the following
cases:
a)Plant variet ieshavealreadybeen protected or registered in the List ofplant varieties in
any country;
b)Plant varieties are theobjectsspecified in application (s)forregistration of protection or
application (s)for registration in the List of plant species in any country if these
applications are not refused.
9.Distinctness of plant varie ties:Plant variet iesareconsidered to be distinct if theycan
beclearlydistinguishable from the widely -known plant varieties at the time of
submission of the application dossiersfor registration of protection of theseplant
varietiesor priority date if the application is entitled to priority; or at the time of
submission of application for registration of testing in Vietnam.
10.Uniformity of plant variet ies:Plantvarietiesareconsidered to be uniform if there is a
similar appearance of the releva nttraits, except for the deviations within the allowable
limits for a number of traits in the propagation process.
11.Stability of plant variet ies:Plant variet iesareconsidered to be stable if the relevant
traits of that plant variet iesmaintain the expression as initially described , unchanged
after each crop seasonofpropagationor after each propagation cycle in the case of
propagation in accordance with cyclic .
12.Noveltyof plant varieties:Plant varieties shall be considered novel if propagatin g
materials or harvested products of such plant variet ieshavenot yet been sold by the
owner or commercially traded in the market in Vietnam one year before the date of
submission of application dossiersforregistration of recognition for circulation or
protection of the owner's rights, or outside the Vietnamese territory, sixyearsbefore
submission of the application dossiers for tree species and vines, four years forother
plant varieties.
13.Standard variety sample smeanthe firstvarietysamplesprovided by itsowner before
being tested and used including seeds, seedlings, tubers or parts of seedlingandtubers,
that candevelop to become an independent individual in accordance with various
propagating forms.
14.Testingis theassessment of criteria for determining distinctness, uniformity, stability,
cultivationvalue, use value under thecontrolled or field conditions in accordance with
Vietnamese standards [the Vietnamese Standards ]orprovisional regulations for
recognition forcirculation of p lant varieties.
15.Controlled testing means testing in isolation conditions andcreating pressure of
artificial infe ction with harmful organisms or adjusting unfavorable factors to ensure
the stability and accuracy of the test ing.316.DUS (Distinctness, Uniformity and Stability )testingmeansthe testingfor distinctness,
uniformity and stability of plant varieties.
17.VCU (Value of cultivation and use) test ingmeanstestingof the value of cultivation, the
value of use of plant variety.
18.Geographi calregions of recognition of plant varieties includeNorth (provinces from
Thua Thien Hue to the north); Central (including coastal provinces in the South Central
Coast and Central Highlands); and the South (including the Southeast provinces and
Mekong Ri verDelta).
19.Sources of varieties meanthe common name to indicate theleading varieties , mother
plants,leading variety gardens, plant variety gardens ,plan variety forest and parts of
forest that are areselectedand recognized.
20.Genetically modi fied plant varieties meanplant varieties whose genetic structure are
changed by transgenic technology .
21.Author'svarietiesmeantheinitialvarietiesselected by the author, created and meet the
qualityaccording to theregulations.
22.Pre-basicvarietiesmeanvarietieswhichare propagated from the author's varieties or
restoration from the production varieties andmeet the quality requirements in
accordance w ith the regulations
23.Basicvarieties meanthevarieties which are propagated from pre-basicvarieties and
meet the quality [requirements] in accordance with the regulations .
24.Certified varieties mean the varieties which are propagated from pre-basicvarieties or
basicvarieties and meet the quality [requirements] in accordance with the r egulations .
25.Leading varieties mean the plants with high productivity, high quality and stable, more
resistant than other plants in the population ofonevariety.
26.Leading variety gardens mean the plantgardenswhicharepropagated by cloning
methodfromleading varieties forproduction of varieties.
27.Mother plants, dominant plantsmean the best plants which are selected from natural
forests, plant ed forests , scattered planted plants ,forests of varieties orgarden of
varietiesused forobtainingpropagatingmaterials.
28.Gardenofforestplant varieties means the garden which is planted according to a
certaindiagramby cloned plant lines or fromactually-livingplants of the selected
mother plants.
29.Forestof varieties means the forest isplanted from actually-livingplants of parent
plantsnot in accordance with the diagram or converted from natural forests and plant ed
forest.
30.Seed batch means a specific quantity of seeds of the same variety, of the same quality,
produced, processed and preserved in the same process, easily identifiable and not
exceeding the regulated quantity.
31.Batch of seedlings meansaidentified quantity of seedlings of the same variety,
propagated from a source of varieties, the same time, place and propagati ngtechnical
process.432.Sexualpropagation meansthe use of plantedseeds, thevariety fruits tocultivate to
produce the next generation seed.
33.Clonal propagation meansthe use of vegetative parts of plants such as roots, stems,
leaves, tubers, sho ots or other parts to produce seedlings, seedtuberand cuttings.
34.Countries signed the Agreement on the Protection of the Rights to Plant Varieties with
Vietnammean membernationsof the International Convention for the Protection of
New Varieties of Plants (UPOV) or the nationshavingsignedbilateral agreements with
Vietnam on the protection of rights to plant varieties.
35.Circulation of p lant varieties meansactivities related to the production, sale and use of
propagating materials.
36.Fertilizersmean products that provide nutrients for plants or improve soil to increase
yield and quality of plants.
37.Limiting factors in fertilizer mean the factors that may cause toxicity, harms, effectto
food safety and pollution of the environment , including:
a)Arsenic (As), cadmium (Cd), lead (Pb) and mercury (Hg) elements;
b)E.coli, Salmonella, coliform bacteria and microorganisms causing harms to plant and
diseases to man and animals , which are recognized by thecompetent State management
agencies.
38.Mainsubstance (also called the main nutrient) in fertilizer meansthe nutrient contained
in the registered ingredient that determines the nature and utility of the fertilizer.
39.Fertilizer quality criteriameantechnical parameters on characteri stics, composition
and content reflecting the quality of fertilizers stipulated in relevant technical
regulations or announced, applied standards.
40.Nutritional elements in fertilizers meanthe chemical elements necessary for the growth
and development of plants, including:
a)Macronutrient elements mean nitrogen (N), phosphorus (P), potassium (K) elements in
the forms that the plants can absorb;
b)Secondary nutrient elements mean calcium (Ca), magnesium (Mg), sulfur (S), silicon
(Si)elements in theforms that plants can absorb;
c)Micronutrient elements mean b oron(B), cobalt (Co), iron (Fe), manganese (Mn),
molybdenum (Mo), zinc (Zn) elements in the forms that plants can absorb .
41.Fertilizer production meanstheimplementation of a part or all o f the activity that
produces a fertilizer product through chemical, biochemical, biological reactions or
physical processes such as grinding, blending, screening, drying, coating, granulating,
pelleting or agitating, filtering or just packing the fertilize r.
42.Fertilizer packing means the use of machinery and equipment for the extraction of
fertilizers from large volumes to small volumes, from large packages to small packages
or packaging forms from fixedvolume or quantity into the package ofa certainvolume
without changing the nature, composition, content, color, form of fertilizer.543.Tradingofvarieties and fertilizers means the performance of one, several or all
activities of offering, advertising, displaying, displaying for sale,storing,preserving,
transporting, wholesaling, retailing or exporting ,importing, and putting varieties and
fertilizers into circulation.
Article 4. Principles of activities of crop production
1.To develop market -oriented crop production, increasing added value and s ustainability;
in accordance with the value chain from production to harvest, prese rving,
preliminarily -processing, processing and trade.
2.To use resources of land, water, natural conditions and biodiversity of the whole
country and each region in order to develop appropriate and efficient crop plantswith
high competitive advantages.
3.Crop production must comply with the regulation, planning and plans on use of land of
thelocalities already approved by the competent levels [authorities].
4.To apply processes, standards, technical regulations, regulations on requirement s for
assurance of food safety and protection of the environment in crop production; To apply
advanced technology, advanced technology, precision technology, information
technology to improve production efficiency and meet the market demand.
5.To take the initiative in preventing, avoiding and mitigating harms caused by natural
calamities and epidemics; to adaptwithclimate change.
6.To develop the cropproduction to ensure harmon ization of the interests of the State
with the interests of farmers, organizations and individuals engaged in activities of crop
production .
7.To meet the requirements forinternational integration; to comply with international
treaties to which the Soci alist Republic of Vietnam is a member.
Article 5. Strategyfor development of crop production
1.Strategy for development of crop production isformulated for a 10-year cycle with a
20-year orientation in line with the socio -economic development strategy; strategy for
development of agriculture and rural development.
2.Strategy for development of crop production is updated and adjusted when there is a
change in the agricultural sector development strategy.
3.Strategy for development of crop production defines the orientation, viewpoints,
objectives, tasks, solutions, programs and projects and implementation of the tasksof
crop production development for each region and nationwide.
4.The Ministry of Agriculture and Rural Development shall assume the p rime
responsibility for, and coordinate with ministries and branches in, formulating and
submitting to the Prime Minister for approval ofthe strategy for development of crop
production .
Article 6. -The State's policies on crop production
1.In each perio d, the State shall promulgate policies on investment, investment support
policies; or provide supports and incentives for the following content:6a)To build and upgrade infrastructures in service of production and processing of safe ,
organic and bio -products; to economically use water, renewable energy, crop by -
products; to build and upgrade establishments to research, select and create plant
varieties;
c)To develop and apply high technologies, precision technologies, information
technology tocrop produ ction,andsmartagriculture ,which are adaptableto climate
change,quality and food safety cultivation;
d)To research, select and create plant varieties which are of quality , resistantto pests and
adaptableto climate change; tocollect,storeand preservegene sources of precious and
rare plants; tobuild plant gene banks;
dd)Human resource training; transfer of scientific and technical advances, agricultural
extension in crop production ;
e)To prevent and fight p lant pests; damage scaused by natur al disasters, epidemics;
insurance policies for plants;
g)To link production according to the value chain; land consolidation , concentrat ion and
accumulat ion ofland;transformation of cropplantstructureandcropregion
management, traceability and pro duct certification;
h)To build wholesale markets, trading centers and auction floors for cropproducts; to
buildproduct'sbrand, trade promotion, market development, advertisement and
consumption of crop products;
i)International cooperation in the fi eld of crop production .
2.The State encourages and creates favorable conditions for organizations and individuals
at home and abroad to participate in the following activities:
a)To cooperateand associat ein research ing, develop ing, producing, trading,providing
technical services, transfer ring technology and related activities in the field of crop
production in order to mobilize resources ,scienceandtechnology to develop crop
production ;
b)To develop socialization of public services in the field o fcrop production .To improve
the capacity of testactivities and certification of conformity to serveinspection and
supervision of quality of materials in service of production andcrop products ;
c)Toensurethe rightsof owner sof protection titlesfor plant varieties propagated by
cloningmethodthat are prone to infringements of copyright.
Article 7. -International cooperation on crop production
The content of international cooperation on crop production include s:
1.To sign and implement internat ional treaties and agreements in the field of crop
production.
2.To cooperate indeveloping and focusing on scientific research, technology transfer on
varieties, materials, process es of cultivation, processing and preservation of agricultural
products.
3.To cooperate in developing human resources in the field of crop production .74.To cooperate in investment in production and development of agricultural product
consumption markets.
Article 8. -Prohibited behaviors
1.Producing,tradingand usingplant varieties not yet circulated in Vietnam, except for
production and use for purposes of research, testing,advertising, exhibition or use of
parental varieties for production of h ybrid seed s; Plant varieties and propagating
materials do not meet the annou nced standards and quality standard regulations ; plant
varietiesarenottherightvarietiesalready circulated; out of date.
2.Producing and trading of fertilizers not yet recognized for circulation in Vietnam;
fertilizers fail to satisfy the announced standards and quality regulations; fake
fertilizers, [fertilizers with] poor quality; unknown origin; out of date.
3.Producing and trading plant varieties and fertilizers when they have not yet been issued
with a certificate of eligibility or fail to mee t the the requirements for production or
trading.
4.Producingplantpropagating materials that fails to fully comply with the production
process and standards.
5.Violation of theregulations on labeling and advertising; falsely supplying information
onplant varieties or fertilizers already approved by thecompetent levels [authorities] or
deviating from information already announced upon registration of product circulation.
6.Purchasing , selling, cross -border transportation of varieties, supplies and agricultural
products of unknown origin, threatening to harm plant genetic resources and human
health.
7.Conductingthetesting, test, expertise and certification of quality of varieties, fertilizers
and crop products when they are not yet eligible for operation or issuance with permits.
8.Providing wrongly or forging the results of testing, inspection, examination, expertise
and certification of quality, standard conformity stamps and regulation conformity
stamp respect to supplies and cropproducts.
9.Violations of the rights in respect to plant varieties.
10.Export of plant varieties in theList of plant varieties prohibited from export; exporting
and importing plant varieties in theList of those restricted from export when the permit
has not be en obtained .
11.Behavior affecting biodiversity in crop production .
12.Illegally producing and trading plants containing narcotic substances.
Chapter II
PLANT VARIETIES
Section 1
RESEARCHING , SELECTING, CREATING, TESTING PLANT VARIETIES8Article 9. -Rights and obligations o f organizations and individuals researching, selecting
and creat ingplant varieties
1.Organizations and individuals that research, select and create plant varieties mayhave the
following rights:
a)To be entitled t oresearch, select and create plant varieties in the Vietnamese territory
according to the provisions of this Law and other relevant laws;
b)To enjoy the State's mechanisms and policies on support for investment in science and
technology and specific policies for domain s and regions according to the provisions of
thelaw;
c)The State ensuresthe enforcement of intellectual property rights in respect to new plant
varieties;
d)Tobe entitled to use plant varieties not in theList ofprohibited plant varieties under the
provisions of the law as materials for selection, creation of new plant varieties;
dd)To cooperate with organizations and individuals inside and outside the country in
researching, selecting and creating plant varieties .
2.Organizations and individual s that research, select and create plant varieties shallhave the
obligations:
a)When conducting research in ,selecting,creating,experimenting and testing of
genetically modified plants, [such organizations and individuals] must usestrict
protection m easures and safely isolate them according to the regulations on biodiversity;
b)When transferring plant varieties which have been researched , selected, created and
recognized with use ofthe State budget source, they must comply with the provisions of
thelaw on technology transfer.
Article 10. Plant variety testing
1.Plant varieties in theList of major plant species promulgated by the Minister of
Agriculture and Rural Development must fully be subject to the DUS testingstipulated in
Article 11 and the VCUtestingstipulated in Article 12 of this Law beforeregistering for
recognition ofcirculation in Vietnam.
2.All plant varieties must be subjecttoDUStestingwhen registering for protection of
owner's rights to plant varieties.
3.Cases not subject toDUStesting
a)Forestplant varieties ;
b)Plant variet ieshavebeen protected in Vietnam;
c)Plant varieties which have had result of DUS testing or have been protected in the
country, which has signed agreement on exchange of results of DUS testi ng and
agreement on plant variety protection with Vietnam.
4.Plantvarieties, when request ingforexceptional recognition of circulation under Article
28 of this Law, may not be required for conducting DUS and VCU testing.95.Subjectconducting plant varietytesting: means an organization which is issuedwitha
certificate of eligibility for conducting testing .
6.Testingbases: The testingof plant varieties shall comply with the national standards ( "the
Vietnamese Standards "). In cases where the Vietn amese Standards has not yet been
issued, the Minister of Agriculture and Rural Development shall promulgate testing
process(es)to be uniformly applied .
DUStestingcan be applied according to the Vietnamese Standards or testingprocessor
UPOV guidelines .
7.For perennial plants, the testing organization mayinherit the field testingestablished by
the owner in accordance with the Vietnamese Standards or provisional testing process(es)
or UPOV guidelines for observ ingand monitoring necessary criteria, without
arrangement ofindependent experiments from the beginning.
8.In each period, the Minister of Agriculture and Rural Development shall promulgate the
List of major plantspecies.
Article 11. DUS testing
1.Conducted at a fixed point in the field in a recognized geographic region [for] plant
varieties in the two crop seasons.
2.DUS testing results are used to recognize and protect plant varieties.
Article 12. VCU testing
1.VCU testing includes controlled testinganddemonstration in thefield.
a)Controlled testingshall be conducted only to assesstheresistance criteriaofvarietiesto
the harmful organism and the unfavorable conditions as stipulated inthe Vietnamese
Standards or thetestingprocess;
Controlled testingconducted at an unique location and [the result of which] may be used
for allgeographic regionswherethe circulation of plantvarietiesis recognized ;
In case of testingof thetraitsofresistance to harmful organisms, the right species, race,
or bio-type of the pests ,whichare collected in the geographical regionof recognition of
the plant varieties, must be used for artificial infe ction;
b)Demonstrat ion in the field : It isappliedtoassessthe cultivation value criteria and the use
value of variet ies, including all criteriathat have been assessedin the controlled testingas
stipulated in pointa,Clause 1 of this Article.
2.Time, place and scope of use of the field testing results
a)Time:
Forvarieties of annual crop plants, the testing is conducted in at least t hree (03) crop
seasons, of which two (2) haveidenticalname. In cases where the varieties are registered
to be used for only one crop season, only two (02) seasons of registration of use are
requiredto be tested .
Forvarieties of perennial cropplantswhich areharvested one (01) time per year, at least
two (02) harvesting seasons shall be observed ; For perennial cropplantswhich are10harvestedin plenty of seasons per year, at least three (03) harvesting seasons shall be
observed within at least one (01 ) year;
b)Location: in each geographical regionofrecognition ofplant variet iesspecified in Clause
18, Article 3 of this Law, the testingmust be conducted at at least 3 representative points;
c)Scope of use of the results: VCU testing in the field in the geographical regionwhere
specificplant variet iesarerecognized shallbe used only to recognize the circulation of
such plant varieties in thatregion.
Article 13. -Testing of genetically modified plant varieties
1.Genetically modified plants, w hen carrying out the testing for registration of
recognition of circulation of plant varieties, the provisions of the law on biological type
must be complied.
2.Biological safety testingof genetically modified plants if they fully meet the
requirement sstipulated by the law on biosafety, the Vietnamese Standards or testing
process(es)for VCU testing specified in Article 12 of this Law; having sufficient data
on the value of cultivation and use value according to the requirements for recognition
of the circulation of plant varieties, the data collected in the biosafety testing shall be
used for recognition of the circulation of the plant variet ies.
Article 14. -Order of testing plant varieties
1.Before testing, the owner of the varieties must send a not ice on the testing directly or by
post to the specialized management agency assigned by the Ministry of Agriculture and
Rural Development (hereinafter referred to as the specialized managing agency); to
submitvarietysamples for storingaccording to the p rovisions of Article 15 of this Law.
When submitting variety sample s, the owner of the varieties must commit that the
varieties do not coincide with the varieties protected in any country and shalltake
responsibility before the law for the truthfulness o f the declaration. In cases where the
owner wishes to register for protection or recognition of circulation of the varieties
already protected in country other than Vietnam, suchvarietysamplesmusthave the
samenameswithandmust beidentical with thevarietysamplesalready protected in
that country.
2.When receiving writtenregistration of testing and variety samples, the specialized
management agenc yshallformulate the written receipt and notify the testing
organizations for knowledge to access thesourceof varieties for use as controlvarieties,
widely-known ones.
3.When usingfor the purpose of testing or control, the testing organizations shall receive
standardvarietysamples directly from the specialized management agenc yor from the
ownerbutmust befrom the standard varietysources packed and sealed by the specialized
management agency.
4.For perennial plants, the owner of the varieties must notify location sofgardenused inthe
fieldtestingalreadyestablished by the owner under Arti cle 30 of this Law so that the
specialized management agency notifies w idely to the testing organizations for
knowledge and use as a control garden during the testing. In case the gardenis in service
offieldtestingis newly established by the testing or ganization , the owner of the variet ies
must also notifylocationto the specialized management agency in ordertowidelynotify
to other testing organizations , which use it as controlgarden.11Gardenused in the testingorgardenestablished and newly planted from plantsused in
thetesting, which are certified as leading variety garden,garden of varieties andforest of
varietiesissued together with the decision (s)on recognition of circulation and protection
of plant varieties specified in Article 24 of this Law shall be used as a source of standard
samplespreserved andstoredby the owner on the spot.
Article 15. Recei pt,storage, preservation and propagat ionofstandard varietysamples
1.Standard variety samples must be received, stored, preserved bythe specialized
management agency oreligibleorganizations and individuals hired to store and
preserveaccording to theVietnamese Standards on reception, preservation and new
propagation ofstandardvarieties. In case there is no Vietnamese standard, th e Ministry
of Agriculture and Rural Development issues provisional regulations to apply.
2.The specialized management agency must send a standard varietysample to the
nationalvarietybank for long -term preservation as a national gene source.
3.Standard variety samples may be newly propagatedto ensure their vitality or serve
management needs, but must take suitable mothods under the Vietnamese Standards or
the provisional regulations promulgated by the Ministry of Agriculture and Rural
Development asstipulated in Clause 1 of this Article to ensure uniformity with standard
samples.
4.Standardvarietysamplesshall beused in the following cases:
a)Beingcontrol variet ies, similar varieties, typical varieties in the DUS testing;
b)Being a standard samplesin the expertise, testing and post -inspection of plant varieties;
c)Being a standard sample sin inspecting, examining and settling disputes ofplant
varieties;
d)Beinggenetic resource to bepreserved and stored .
5.Organizations and individu als that keep and use standard varietysamplesmust not
violatethe intellectual property right of their owner according to the provisions of the
law.
Funds for storage, preservation and newpropagation of standard varieties shall be
deducted from the fee sfor maintaining the validity of titlesofprotection of therights to
plant varieties according to the provisions of the Law on intellectual property and the
lawon fees and charges. fees.
Article 16. -Recognition of organizations eligiblefor storing, p reserving and propagat e
standard variet y samples
1.Requirements are as follows:
a)Having the enterprise registration certificate or decision onestablishment issued by a
competent agency;
b)Having at least 5 technicians with university or higher degr ee in one of the specialties
related to plants, plant protection and silviculture, and [having]labor contracts with
indefinite termorlabor contracts with a term of full 12 months or more;12c)Having or rentingland, equipment, laborator y, greenhouses an d net houses to meet the
requirements for preservation , storage andpropagation of standard samples according
tothe Vietnamese Standards ortheprovisional regulations.
2.Dossiers
a)A written request for issuance of a certificate of eligibility for p reservation, storage and
propagation of the plant variety;
b)A copy of enterprise registration certificate or decision onestablishment;
c)The original sor copiesof the labor contract s; Copies of diplomas and certificates of
techniciansstipulated inClause 2 of this Article;
d)Documents evidencing the location, land area, equipment, laborator y, greenhouses and
net houses specified in Clause 3 of this Article.
3.Order and procedures
a)Organizations, which request for the recognition of eligibilit y for preservation, storage
andpropagation of standard varieties,shallsend one set ofdossiersdirectly or by post
or online public service portalto the specialized management agency;
b)Within 3 working days, the specialized management agency shall c heck the validity of
the dossier s; if the dossier sareincomplete or invalid, [thespecialized management
agencyshall provide] guidance forthesupplementation according to theregulations;
c)Within 5 working days from the date of receipt ofcomplete an d valid dossiers, the
specialized management agenc yshall set up anappraisal team. The appraisal team
consists of five members who are experts with appropriate expertise and representatives
of relevant management agencies;
d)Within 10 working days fromthe date on which thedecisiononestablishment [of the
appraisal team] is issued, the appraisal team shall have to conductappraisal ofthe
dossiers,assessment of its actual capacity and shallreport it to the specialized
management agency. Basing itself on the appraisal team 'sreportonappraisal results,
the specialized management agency shall issue a certificate of eligibility for
preservation, storage and propagation ofstandard varieties. In case of refusal of
issuance, they must reply in writing, cl early stating the reasons therefor;
dd)Fundsforappraisal of dossiers, assessment and recognition of organizations eligible for
preservation, preservation and propagation of standard variety samples shall be ensured
fromthesourcesofcollectedfeesaccording to the provisions of thelawon charges and
fees.
Section 2
RECOGNIZING AND MANAGING ACTIVITIES OF ORGANIZATION S
TESTING PLANT VARIETIES
Article 17. -Requirements for recognition of organizations eligiblefortestingplant
varieties
1.Having a c ertificate of enterprise registration or decision onestablishment issued by a
competent agency.132.Having at least 5 technicians, including those who are directly responsible for testing,
[having] university or higher degree, in one of the specialties re lated to plants, plant
protection and silviculture, and [having] labor contracts with indefinite termorlabor
contracts with a term of full 12 months or more.
3.Having or rentinglocations, land area, equipment, laborator y, greenhouses and net
houses su itable for the testingform (DUS or VCU); plant s; content and scale of the
testing; the geographical region of recognition of the plant variet ies; and in accordance
withthe Vietnamese Standards onplantvariety testing.
4.For establishments registering the eligibility for DUStesting, apart from the
requirements specified in Clauses 1, 2 and 3 of this Article, [the establishment] must
havestandard variet y samples ofwidely known plant varieties in the testingplant
species
Article 18. -Dossiers, order, procedures and competence to issue certificates of eligibility
for testing of plant varieties
1.Dossiers are as follows:
a)Written request for issuance of a certificate of eligibility for testing of plant variety;
b)A notarized copy of the certificat e of enterprise registration or decision on
establishment;
c)The originals or copies of the labor contracts; Copies of diplomas and certificates of
technicians specified in Clause 2, Article 17 of this Law;
d)Documents evidencing the location, land are a, equipment, laboratory, greenhouses and
net houses specified in Clause 3, Article 17 of this Law;
dd)The list of standard samples of widely known plant varieties specified in Clause 4,
Article 15 of this Law, for establishments conducting DUS testing;
e)Receipt of fee for appraisal of dossiers, assessment, recognition and re-recognition of
organization eligiblefortestingof plant varieties.
2.Order and procedures
a)Organization requesting for recognition of eligibility for testing shall submit o ne (01)
set of dossiers directly or by post or online public service portal to the specialized
management agency;
b)Within 3 working days, the specialized management agency shall check the validity of
the dossiers; if the dossiers are incomplete or inval id, [the specialized management
agency shall provide] guidance for supplementation according to the regulations;
c)Within 5 working days from the date of receipt of complete and valid dossiers, the
specialized management agency shall set up appraisal tea m. The appraisal team consists
of five (05) members who are experts with appropriate expertise and representatives of
relevant management agencies;
d)Within 10 working days from the date of issuance of decision on establishment [of the
appraisal team], t he appraisal team shall have to conduct appraisal of the dossiers,
assessment of its actual capacity and shall report it to the specialized management
agency. Based on the appraisal team's report on the appraisal results, the specialized14management agency shall issue a certificate of eligibility for testing of the plant
varieties and post it on the portal of the specialized management agency. In case of
refusal [of issuance], they must reply in writing and clearly state the reasons therefor;
dd)Fundsforappraisal of dossiers ,assessment and recognition of organizations eligiblefor
testing of plant varieties shall be ensured [to be paid] from the sources of collected fees
stipulated in Clause 8, Article 21 of this Law.
Article 19. -Dossiers, order and pro cedures for re -issuance of certificates of organization
eligibility for testing of plant varieties
1.Casesof re-issuance are as follows:
a)Certificates of recognition are lost or damaged;
b)Changing the content inscribed in the certificates.
2.Dossiers are as follows:
a)Written request for re -issuanceof a certificate of eligibility for testing of plant variet ies;
b)Documents evidencing satisfaction of the requirement s specified in Clauses 3 and 4,
Article 10 of this Law, for cases of re -issuancespecified inPoint b, Clause 1 of this
Article;
c)Receipt of fee for appraisal of dossiers, assessment, recognition and re -recognition of
organization eligible for testing of plant varieties .
3.Order and procedures
a)Organizations, which request fo r re-issuance of a certificate of recognition, shall submit
1 set ofdossiersdirectly or by post or online public -serviceportalof a specialized
management agency;
b)In case of re-issuance of lost or damaged certificates, within 5 working days, the
specialized management agenc iesshall appraise and re -issuecertificates of eligibility
fortesting of plant varieties;
c)In case of re-issuance due to change in the testing form or scope: [the order and
procedure shall] comply with the provisions of Clause 2, Article 17 of this Law;
d)Fundsforappraisal of dossiers,assessment and re-recognition o rganizations eligiblefor
testing plant varieties shall be ensured [to be paid] fromthesourcesof collected fees
according to the provisions of the law on charges and fees.
Article 20. -Revocation of certificates of organization eligib lefor testing of plant varieties
1.A certificate of recognition of organization eligible for testing of a plant variety shall be
revokedin the following cases:
a)Being erase d tofalsify the content inscribed in the certificates of eligibility for testing
of plant varieties;
b)Detecting fake papers or untruthful information in theregistered dossiers;15c)Organization s,whichareissuedwitha certificate of recognition, com mitbreach,that
thelawstipulate that the certificate of eligibility for testing of plant variet ies must be
revoked.
2.The specialized management agencies under the Ministry of Agriculture and Rural
Development may have the competent to revokedcertificates of eligibility for testing of
plant varieties.
Article 21. -Rights and obligations of plant variety testing organization s
1.To collect f eesfor testing services as agreed upon;
2.To conduct the testing in accordance with the content and scope ins cribed in the
certificates of eligibility for testing of plant varieties and the Vietnamese Standards ,
testing proce ss(es);
3.Do notcarry out testing for the purposes of registration for recognition of circulation
and protection of plant varieties in on e of the following cases:
a)The variet iesareowned by the testing organization;
b)Varietiesof units in partnership with the testing organization swhen registering the
certification of eligibility for testing;
c)Varieties of companies ,which and the testing organizations have the same parent
company, or group, or corporation;
d)Varietiesof units and centers , which and the testing organizations have the same non -
business unit;
4.To report to the specialized management agency when there is a chang e in the operation
conditions of the organization swithin 15 days after the change.
5.To take responsibility before thelaw for the testing results and keeping archives of the
results according to the provisions of the archiving law.
6.Before December 30 every year, to report to the Ministry of Agriculture and Rural
Development or the specialized management agencieson the results of their operation s.
7.To take responsibility for confidentiality before the owner softesting varieties .
8.To payfeesforappraisal of dossiers,assessment, recognition and re-recognition of
organizations eligiblefortestingplant varieties according to the provisions of the law
on charges and fees.
Section 3
RECOGNITION OF CIRCULATION, PROTECTION AND ANNOUNCEMENT
OFCIRCULATION OF PLANT VARIETIES
Article 22. General principles
1.The plant varieties belonging to majorplant species mayonly allowed to be circulated
in Vietnam when the circulation of whoch is recognized by the Ministry of Agriculture
and Rural Developme nt according to the provisions of Article 23 of this Law or16recognized exceptionally in accordance with the provis ions of Article 28 of this Law ,
except for the purpose of research, testing, advertising, exhibition and use of parental
seed to produce hybri d seed.
2.Except for cases of exceptional recognition of circulation specified in Article 28 of this
Law or recognition of circulation of forest plant varieties, owners haveplant varieties
belonging to the majorplant species recognized for circulation shall be entitled to
protection of rights to the plant varieties, if having been protected before registration of
recognition of circulation; . Tobeissued withcertificates of circulation of plantvarieties
andtitlesof protection of plant variet iesattached with the decisions on recognition of
circulation and protection of the rights to theplant varieties.
3.The protection of the rights toplant varieties belonging to the main plant species not
registered yetfor circulation; plant varieties not belon ging to the majorplant species
shall comply with the provisions of thelaw on intellectual property.
4.Plant variet iesother than the ma jorplant variet iesmay only be permitted to be
circulated in Vietnam when itsowner announces himself/herself for ci rculation in
accordance with the provisions of Article 29 of this Law.
5.Forvarieties of perennial crops which have been issued with acertificate of recognition
ofcirculation and protection of the plant variet ies, theleadingvariety gardens ,forest of
varieties, gardenof varieties which are used intestingor the garden sset up from plants
of the testing fields, which are recognized as leading variety garden s, forest of varieties,
garden of varieties shall not be subject to the procedure for select ion and recognition in
accordance with the provisions in Article 32 of this Law.
6.Domestic and foreign organizations and individuals have the right to register the
recognition of circulation of plant varieties in Vietnam in their name .
Article 23. -Naming of plant varieties
1.Each plant variety is given a unique name and is used in all transactions related to this
variety.
2.The name of a plant variety shall not be accepted in the following cases:
a)Includingonly digits;
b)Violating the social e thics;
c)It is easy to mislead the characteristics and featuresof suchvariety;
d)It is easy to mislead the author's identity;
dd)Coinciding with the commercial name of the protected variety.
3.If a plant variety has been protected, the name of suc h variety already inscribed in its
protection titlemust be used.
4.Organizations and individuals trading in propagating materials of plant varieties must
use the varieties' registered names.
5.When using the name of a plant variety in combination with a trademark, trade name or
similar indications together with the name of a plant variety which has been recognized17for circulation or announced for circulated toproduceor trade, the senamesmust be
able tobeidentifiedeasily.
Article 24. -Issuance ofdecisions onrecognition ofthe circulation and protection of rights
to majorplant varieties
1.Requirement s.
a)Being a plant variety of novelty ;
b)Varieties haveproper names according to the provisions in Article 23 of this Law;
c)Having the resu lts of DUS testingin Vietnam or the countr yhaving signed agreements
to exchange DUS test ingresults with Vietnam, ensuring the distinctness, uniformity
and stability ; or have been issued with protection titleof plant variety in Vietnam or
other countrie s which have signed agreements on the protection of plant varieties with
Vietnam;
d)Having results of VCU testing, which meet the criteriaof value of cultivation and use
value according to the Vietnamese Standards . Where there is no the Vietnamese
Standards, the Minister of Agriculture and Rural Development shall promulgate a
provisional regulations on the value of cultivation and use value of each of plant species
for application;
The testing of plant variety is conducted in a geographical region wherethe plant
varieties are recognized, the circulation of the plant variety mayonlyberecognized in
suchgeographical region of testing ;
dd)Having a standard variety samplessupplied by the managing agencies or plant variety
protection organizations or D US testing organizations of foreign countries in case of
not conducting DUS testingin Vietnam;
e)Having mother trees, dominant trees, leading varieties ,leading variety gardens ,  forests
of varieties orgardens of varieties for perennial trees using th e clonal propagation
method;
g)Having a process of cultivation compiled by the owner of the varieties; awritten
announcement of information on the label or advertisement of the plant variet ies;
h)Being assessed for satis faction of the requirements bythePlant Variety Advisory
Council set up by the Minister of Agriculture and Rural Development under Article 27
of this Law.
2.Dossiers are as follows:
a)Written request for recognition of the circulation of plantvarieties;
b)Evidence or commitment of the novelty of the plant varieties;
c)Results of DUS testingorprotection titlesin accordance with the provisions in Point c,
Clause 1 of this Article;
d)Results of VCU testing specified at Point d, Clause 1 of this Article;
dd)Standardvarietysamplesspecified in Pointdd, Clause 1 of this Article;18e)Minutes of receipt of standard varietysamples prepared by specialized management
agency;
g)Dossiers on parent trees, dominant plants, leading varieties ,leading variety gardens
specified inPointe, Clause 1 of this Article;
h)Cultivation process of the varietiescompiled by the owner of the varietiesas stipulated
in Point g, Clause 1 of this Article;
i)Written announcement of information inscribed on the label or advertisement of the
plantvarietiesstipulated inPoint g, Clause 1 of this Article;
j)Written consent of the owner in cases where [the varieties] have many owners;
l)Receipts of fees for appraisal and recognition of circulation of the plant varieties in
accordance with the l aw on fees and charges.
3.Order and procedures for submission of dossiers and the competence to recognize
circulation
a)Ownersof plantvarietiesshall submit one set of dossier sdirectly or via the post office
or online public service portal of the specialized management agency;
b)Within 3 working days, the specialized management agency shall check the
completeness and validity of the dossier s; if the dossier sareincomplete or invalid, [the
specialized management agency shall provide] guidance for supplementation a ccording
totheregulations;
c)Within 10 working days from the date of receipt ofcomplete and valid dossiers, the
specialized management agenc yshall organize meetings of the Plant Variety Advisory
Council to assessthe content of the do ssiers;
d)Within 5 working days from th e date of receipt of the assess ment results and proposals
of the Plant Variety Advisory Council, the specialized management agency shall
propose the Minister of Agriculture and Rural Development to promulgate a deci sion
onrecognition of circulation and protection of rights to theplant varieties attached to
the production process : Written announcement of information inscribed on the label or
advertisement of the plant variet ies;Dossiers on the mother trees, leadingvarieties,
leading variety gardens , forests of varieties andgardens of varieties appraised and
certified by the Plant Varieties Advisory Council; Certificate of recognition of
circulation of the plant varieties; Protection titlesoftheplant varieties;
Where a plant variety has been issued witha protection title, the Ministry of Agriculture
and Rural Development shall issue a decision to recognize circulation of the plant
varietiestogether with the production process; Written announcement of information
inscribed on the label or advertisement of the plant variet ies;Dossiers on mother plants,
leading varieties , gardens of varieties , forests of varieties andgardens of varieties
appraised and certified by the Plant Variety Advisory Council;Certificat e of
recognition of circulation of the plantvarieties;
To post the decision and attached documents onthe portal of the Ministry of
Agriculture and Rural Development and the specialized management agency;19In case of refus ingtoissuea certificate of re cognition of circulation and protection of
theplantvarieties, it must notify in writing the owner of the variet iesand clearly state
the reasons therefor;
4.Plant variet iesareallowed to circulate from the date of signing the decision of
recognition ofcirculation and issuance of protection title.
5.The Ministry of Agriculture and Rural Development shall stipulate quantity and
composition of, and shallpromulgate a regulation son the operation of, the Advisory
Council for the recognition of circulati on of plant varieties.
Article 25. -Re-issuance of decisions on recognition of circulation and issuance of
protection titlesfor plant varieties
1.Cases of re -issuance
a)A certificate sofrecognition of circulation or a plant variety protection titles,issued
together with the decision on recognition of circulation and protection of plant variet ies
whicharelost or damaged;
b)Correctinginformation in the certificate of recognition of circulation or the plant
variety protection titles;
c)Correctinginformation in documents attached with decisions on recognition of
circulation of plant varieties.
2.Dossiers are as follows:
a)Writtenrequest;
b)The originals or copies of the results of search for new varietynames in case of
correction of thevarieties' name;
c)A notariz edcontract on the transfer of the owner in case of correction of owner;
d)Result of VCU testing in geographic regionto beproposed for recognition of
circulation meet the value of cultivation, use value according to the Vietnamese
Standards or provisional regulations promulgated by the Ministry of Agriculture and
Rural Development in respect to cases of correction of information inscribed in the
decision on the scopeof circulation of the variet ies;Information announced together
with the decision on recognition of circulation of the plant variet ies;
dd)Receipts of feesforappraisal of dossiers tore-issuanceof decisions on recognition of
circulation and protection of rights to theplant varieties.
3.Order and procedures
Ownersofvarieties shall submit one set of dossiers directly or by post or via the
specialized management agency's electronic portal.
a)In case of re -issuanceof decisions on recognition of the circulation and protection of
the rights to theplant varieties due to loss or damage or correction of name or
correction of owner of theplant variet ies: Within 5 working days from the date of
receipt of valid dossiers, the specialized management agenc yshallappraisethe dossiers
and propose the Ministry of A griculture and Rural Development to re -issuedecision on
recognition of circulation and protection of the rights to theplant varieties, enclosed20with the certificat eof recognition of circulation and protection title of the plant varieties
as amended ;
b)In case of re -issuance due to expansion of scope of circulation of plant varieties, the
order and procedures shall be applied as stipulated inClause 4, Article 25 of this Law.
Article 26. -Cancelation of decisions on recognition of circulation of plant v arieties
Revocation of decisions on recognition of circulation of plant varieties are conducted in
the following cases:
1.The Plant Variety Advisory Council has clear evidence and conclusion there is change
in distinctness, uniformity, stability, value of cultivation and use value of varieties
compared to the written announcement upon recognition of circulation of plant
varieties; Evidence of adverse effects of plant varieties on human health and the
environment.
2.There is a fraudulence of registrati on dossiers for recognition of circulation of plant
varieties, which is concluded by thecompetent agency.
3.Owner of the varietiesfails to perform the obligations stipulated in Article 33 of this
Law.
Article 27. -Issuance of decisions on recognition o f exceptional circulation of major plant
varieties
1.Plant varietiesbelonging to major plant species ,which have existed widely and are
important in production and no longer satisfy the novelty for recognition of circulation
under the provisions inArticle 24 of this Law ,shall be recognized for exceptional
circulation whenthe localities, where the varieties currently circulate, have
recommendations.
2.Dossiers are as follows:
a)A written request for recognition of exceptional circulation of plant varietiesto be
issued by Department of Agriculture and Rural Development of the provincial level ;
b)A detailed description of the characteristics of the variet ies.
3.Responsibility to preparedossiers
Departments of Agriculture and Rural Development of the provincial level shall
formulate application dossiers for recognition of exceptional circulation of plant
varieties.
4.The order, procedures and competence for recognition of exceptional circulation of
plant varieties.
Within 5 working days fromthe time of receipt ofthe dossiers, the specialized
management agenc yshallappraisethe dossiers ,If[the dossiers are] valid , the Minist er
of Agriculture and Rural Development shall be proposed to promulate a decision on
recognition of exceptional circu lation of plant varieties ;to post the decision on the
information portal of the Ministry of Agriculture and Rural Development and the
specialized management agenc y.21In case of refusal to issuedecision on recognition of circulation, dossier-formulating
unit must be notified for knowledge , clearly stating the reasons therefor.
Article 28. -Announcement of plant varieties which are not the ma jorplants
1.Requirements are as follows:
a)Being a plant variety with the appropriate name as stipulated in Article 23 of this Law;
b)Havingestablishment's writtenstandard announcement on value of cultivation ,valueof
use. In case where there is the Vietnamese Standards ,the Vietnamese Standards must
be applied;
c)Having mother plants,leading varieties ,leading variety gardens , forest of varieties,
garden of standards in respect to varieties using clonal propagation method;
d)Having a process of cultivation compiled by owner of varieties;written announcement
of information writtenthe label or advertisemen t of the plant variet ies.
2.Dossiersfor announcement
a)Written announcement of circulation of the plant variet ies;
b)Establishment's standards on cultivat ionvalue and use value as specified in Point b,
Clause 1 of this Article;
c)Dossiersonmotherplants,leading varieties ,leading variety gardens, forest of varieties,
garden of varieties specified inPoint c, Clause 1 of this Article;
d)Cultivation processcompiled by the owner of varietiesspecified in Point d, Clause 1 of
this Article;
dd)Written announcement of information inscribed on the label or advertisement of the
plant variet ies as specified in Point d, Clause 1 of this Article;
3.The order and procedures for receipt of the announcement of circulation of the plant
varieties
a)Owner ofvarietiesshallsubmitone set of dossiersforannouncement of circulation of
varieties directly or by post or viaonline public service portal to Department of
Agriculture and Rural Development of the the provincial level wherethe operation or
permanent resident addressof the owner is registered ;
b)Within three working 3days, the receiving unit shall check the completeness; In case of
inadequacy, supplementation shall be required;
c)Within 5 working days from the date of receipt of adequate dossiers, the receiving unit
shall check the dossier s, if the dossier sis valid,[the receiving unit shall] notify the
owner of of the receipt of announcement of circulation of the plant variet ies;post the
notice and all dossiers on the portal of the Depart ment of Agriculture and Rural
Development, Ministry of Agriculture and Rural Development and specialized
management agenc y. If the dossier sis invalid, it shall reply in writing, clearly stating
the reasons therefor;
Plant variet iesareallowed to circula te from the date on which the Department of
Agriculture and Rural Development issues a notice of receiving the announcement of
circulation.22Article 29. Rights and obligations of owners of plant varieties
1.Owners of plant varieties have the right to put the plant varieties  into circulation for the
purpose of producing and trading the variet iesand commodity; tostore, exploit or
authorize other persons to keep, exploit the author's varieties , mother plants,leading
varieties, leading variety gardens, gar dens of varieties, forest of varieties .
2.Ownersof plant variet ieshave the following obligations :
a)Tostore,restore or authorize other persons to storeor restore the varietiesoftheauthor,
motherplants,leading varieties, leading variety garden s, gardens of varieties, forests of
varietiesto ensure to keepthe traitsthe same as they are recognized and protected ;
b)To provide information on varieties;to supply plant propagat ingmaterials specified in
Point a, Clause 1 of this Article at the r equest of thespecialized management agencies
and the society;
c)When putting varieties into production, theymust be the right variet iesalready
recognized for circulation or announced for circulation and the rightquality of
propagating material s as announced;ifcommitting violation, [owner of the varieties]
shall make compensation for damages totheusers;
d)To pay fees for appraisal of dossiers for issuance, re -issuance of decision on recognition
ofcirculation and protection of plant varieties; Feesforappraisal of dossiers for
announcement of circulation of plant varieties shall comply with the provisions of the
law on charges and fees.
3.Apart from the rights and obligations stipulated in Clauses 1 and 2 of this Article,
owners of plant variet ies, who are issued decision on recognition of circulation and
protection of the rights to plant varieties ,may be fully entitled to the rights andshall
fullyperform obligations of holder of the plant variet iesprotection titlein accordance
with the law on intellectual property in respect to plant varieties; to pay fees for
maintaining the decisions on the recognition of circulation and protection of theplant
varieties according to the provisions of the law on charges and fees in respect to holders
of plant variety protection title .
Article 30. Rights and obligations of organizations and individuals using plant varieties
1.To be provided with sufficient information about varieties and use instructions.
2.To be compensated for damage scaused by fault ofvarietyowner or producing and
trading establishments .
3.To complywith the production process announced by owner.
4.Onlyusethose varieties which have alreadybeen recognized for circulation or already
announced for circulation.
5.Upon occu rrence ofincident or detection of bad effect caused by plantvarieties,
[organizations and individuals using plant varieties] must immediately notifythe variety -
providing organizations and individuals and commune -level People's Committee or
relevant profess ional agency in order to takeremedymeasures.
6.To pay royalties for useofvarietiesaccording to the provisions of thelawon intellectual
property.23Article 31. -Recognition, re-recognition and revocation of decisions on recognition of
motherplants,dominant plants, leading varieties ,leading variety gardens, forest of
varieties, garden of varieties
1.Motherplants, dominant plants,leading varieties, leading variety gardens, forests of
varieties. gardens of varieties which have already existed in t he production must be
selected before being used as propagating materials.
2.Dossiersofselectionandrecognition includethe followings :
a)Written proposal;
b)Location of plant gardens ;
c)Report on sources of varieties ;
d)Resultsof researchesor contest s(if any);
dd)Receipts of fee for appraisal of dossiersand actual appraisal in service of recognition of
motherplants, dominant plants,leading varieties, leading variety gardens, forests of
varietiesand gardens of varieties .
3.Order and procedures
a)Organizations and individuals registering for recognition of motherplants, dominant
plants,leading varieties, leading variety gardens, forests of varieties gardens of varieties
shall send 1 set ofdossiersdirectly or by post or through theinformation portal to
Departments of Agriculture and Rural Development at the provincial level where the
motherplants, the dominant plants,leading varieties ,leading variety gardens, forests of
varieties,gardens of varieties ;
b)Within 3 working da ysfrom the date of receipt ofthe dossier s,Departments of
Agriculture and Rural Development shall check the completeness and validity of the
dossiersin accordance with the regulations , if the dossier sareincomplete or invalid ,they
must notify and gui de organizations and individuals to complete the dossiers;
c)Within 5 working days from the date of receiptofcomplete dossiers as stipulated ,
Departments of Agriculture and Rural Development shall issue decision to set up
SelectionCouncil. The Councilis composed of 5 members representing scientists,
management agencies and related professional agencies;
d)At the time of harvest or when the plantsfully express the traits and features of the
varieties, the Council shall organize the appraisal of the mother plants , dominant plants,
leading varieties ,leading variety gardens, forests of varieties, gardens of varieties to
prepare a appraisal report to submit the Department of Agriculture and Rural
Development;
dd)Within 5 working days from the date of receipt ofthe appraisal report of the Selection
Council,the Department of Agriculture and Rural Development shall issue a decision on
recognition ofmotherplants,dominant plants,leading varieties ,leading variety gardens,
forests of varieties, gardens of varieties . In case of non -recognition, it must reply in
writing and clearly state the reasons therefor.
4.Recognition of mother plants, dominant plants, leading varieties, leading variety gardens,
forests of varieties, gardens of varieties.24Decisions on recognition of mother plants, dominant plants, leading varieties, leading
variety gardens, forests of varieties, gardens of varieties stipulated in this Article shall be
valid for 5 years from the date of issuance. After the validity term, organizati ons and
individuals requesting forre-recognition shall send the written request together with
decision of the latestrecognition tothe Department of Agriculture and Rural
Development for re -issuanceofthe decisions. The order and procedures shall comply
with Clause 3 of this Article.
5.Decisions on recognition of mother plants, dominant plants, leading varieties, leading
variety gardens, forests of varieties, gardens of varieties shall be revoked when there is
clear evidence that such mother plants, do minant plants, leading varieties, leading variety
gardens, forests of varieties, gardens of varieties are over-exploited; or degenerate d; or
seriously damaged; or infected with harmful organisms that can not be recovered.
Article 32. -Rights and obligation s of owners of leading varieties, leading variety gardens,
mother plants
1.To exploit or authorize organizations and/or individuals toexploit propagating materials
frommother plants, dominant plants, leading varieties, leading variety gardens, forests of
varieties, gardens of varieties for production and trading purposes.
2.Must maintain the conditions for caring and restoring varieties to keep the characteristics
of the varieties the same as when it is recognized.
3.Not to exploit the propagating m aterialsbeyond the stipulated limits,not to let varieties
beinfected with dangerous diseases ordegenerate d.
4.To pay the fee for selection and recognition of mother plants, dominant plants, leading
varieties, leading variety gardens, forests of varie ties, gardens of varieties according to
the provisions of thelaw on charges and fees.
Section 4
MANUFACTURE AND TRANSPORTATION OF PLANT VARIETIES
Article 33. -Requirements on organizations and individuals that produce andtrade in
plant varieties
1.Requirements on organizations and individuals producing plant varieties
a)Having technicians graduated from college or higher in the fields of crop production ;
b)Having or rentinginfrastructure facilities and equipment suitable to the production scale
andthe Vietnamese Standards on the production of plant varieties. In cases where the
Vietnamese Standards hasnot yetbeenissued, the Minister of Agriculture and Rural
Development shall promulgate the provisional regulations for application; or variety-
producingestablishment may promulgate its standards itselffor application when there
are notthe Vietnamese Standards or provisional regulations.
2.Requirements on organizations and individuals trading in plant varieties
Having full dossiers of traceabili ty according to theregulations; varietybagsand plant
varietiesmust have stamps of traceability so that users and themanagement agencies
caninspect.
Article 34. Announcement of activities of productionand tradingofplant varieties251.Before produci ng or trading in plant varieties, organizations and individuals shall have
toannounce information on locationand content of production and trading to the
Department of Agriculture and Rural Development of the locality, whose address of
production and tra dingor permanent resident address is registered, for organization of
inspection , check and coordinat ionin the necessary cases.
5.Within 5 working days from the time of receipt ofthe notice, the Department of
Agriculture and Rural Development shall sen d notice on receipt of thenotice to owners;
postcontent of the notice on the portal of the Department of Agriculture and Rural
Development, Ministry of Agriculture and Rural Development and specialized
management agenc y.
3.When there is a change in the announced information, theymust notif yto the
Department of Agriculture and Rural Development for knowledge and adjustment.
Article 35. -Production of plant varieties
1.Production of plant varieties must comply with the Vietnamese Standards , if there i s no
the Vietnamese Standards , the Ministry of Agriculture and Rural Development shall
promulgate the provisional regulations or theproduction establishments shall
promulgate its establishment's standards for application when the re are no the
Vietnamese S tandardsand provisional standards.
2.Producing varietiesby sexual method
a)Seed production: According to the three -levelsystem, the production of pre-basic
varieties,basicvarietiesand certified varieties;
b)Production of plant varieties from multi-line hybrid seeds: produced from seeds of the
multi-line hybrid seed producing garden, ensuring the right varieties, purity, free from
pests and diseases;
c)Production of forest plant varieties: when nursing ,seeds from mother plants,gardens of
varieties, forests of varieties or from imported seeds compliant withthenational
standards must be used ; For natural forest plant seeds or specialty plantswhich do not
have a standard source of seed smay be collected from the selected forest.
3.Production of varieties by cloned method
a)Forcategories of annualcropspropagated asexually by provided varieties or produced
inthe propagating fields or gardens, the right varieties,purityand disease -freemust be
ensured;
b)For perennial cropsproduced by theclonalmethod, they must be propagatedfrom
mother plants, dominant plants, leading varieties, leading variety gardens, forests of
varieties, gardens of varieties , which have been recognized or selected;
c)Clonalpropagation can be done by tradition al methods or using high technology
(invitro,rescue of embryo );
d)The Ministry of Agriculture and Rural Development shall promulgate the technical
process of producing plant varieties by thecloning method. Where varieties have a
narrow scope of circulat ionin some regions and there are no procedures promulgated
by the Ministry of Agriculture and Rural Development, theDepartment of Agriculture26and Rural Development of the provincial level shall promulgate for uniform application
in the provinc e.
4.Production of genetically modified plant varieties must fully comply with the
provisions of the Law on Biodiversity and the Law on Food Safety regarding the
management of biosafety risks of genetically modified plants.
Article 36. -Rights and obligations of or ganizations and individuals that produce and/or
trade in plant varieties
1.Organizations and individuals shall have the right to conduct production and trading of
plant varieties when satisfying the requirements specified in this Article.
2.To fully co mply with the provisions of Articles 34, 35, 36 and 37 of this Law.
3.To announce standard conformity and regulation conformity according to the
provisions of the law.
4.To recall and treat plant varieties which fail to meet the quality requirements wh en they
are circulated in the market.
5.To abide by the inspection and examination by the competent agency in the production
and trading of plant varieties.
6.To maintain and provide sufficient document s to prove the origin of the propagati ng
materialswhen required.
7.Nottoviolatethe prohibited behaviors specified in Article 8 of this Law.
Section 5.
MANAGEMENT OF QUALITY OF PLANT VARIETIES
Article 37. -Management principles
1.Plantvarietyqualitymanagement includes the management of quality andpropagating
materials of plant varieties .
2.Plant propagat ingmaterials shall be managed on the basis of announced applied
standards and relevant technical regulations according to the provisions of the law on
product and goods quality, including:
a)Plantpropagating materials in respect to varieties belonging to the ma jorplant species
in theList of group -2 products and goods, which are managed by national technical
regulations ( "the NationalTechnicalRegulations ") and announced appli edstandards;
b)Plantpropagating materials not belonging to the ma jorplantspecies are group -1
productsand goods , which are managed by announced appliedstandards.
Article 38. -Announcement of standards applicable to plant varieties and plant-
propagating materi als
1.Organizations and individuals that produce and/or trade in plant varieties must
announce their basic characteristics, warning information and standard number in one
of the following forms :27a)On package of plant varieties;
b)Onlabels ofplantvarieties;
c)In documents accompanying the plant varieties.
2.Content of announcement of the quality of plant varieties must conform to the
announced documents attached with itsdecisions on recognition of circulation and
protection of plant varieties f or the ma jorplant varieties or announcement of quality of
plant varieties for non -major plant varieties
3.Contentofannouncement of the quality of plant propagati ngmaterialsmust conform to
the National Technical Regulations on the quality of plant propagating materialsand
shallcomply with the law on standards and technical regulations .
Article 39. -Field testing, sampling, testing, quality certification, quality standard
announcement, operation registration and designation of conformity assessment
organizations for quality of plant propagating materials
1.Field testing, sampling of plant propagating materials
a)Onlyfield of varieties andgardens of varieties are produced in accordance with the
Vietnamese Standards on field testing maybe harvest ed as propagati ngmaterials. In
cases where the Vietnamese Standards hasnot yet been issued, the Ministry of
Agriculture and Rural Development shall issue provisional regulations for application;
or organizations and individuals shall themselves formulate and announce the standards
of establishments for application whenthe Vietnamese Standards or provisional
regulations have not yet been issued ;
b)Field testing and sampling of plant propagati ngmaterials shall comply with the
Vietnamese Standards ; In cases where the Vietnamese Standards hasnot yet been
issued, the Ministry of Agriculture and Rural Development shall promulgate
provisional regulations for application, or organizations and individuals shall
themselves formulate and announce the standards o f establishments for application
whenthe Vietnamese Standards or provisional regulations have not yet been issued ;
c)The Ministry of Agriculture and Rural Development shall guide the professional
training on field testing and takingsamples of plant propagating materials .
2.Testing, quality certification, quality standard announcement, operation registration and
designation of conformity assessment organizations for the quality of plant propagating
materialsshall comply with the provisions of the lawon standards , technical regulations
and the law on quality of products and goods.
Article 40. Labeling and advertis ement of plant varieties
1.The labeling and advertisement of plant varieties must comply with the law on labeling
and advertisement. The co ntentof labeling and advertisement formajorplant varieties
must be consistent with the content inscribed in the announced documents enclosed
with decisions on recognition of circulation and protection of plant varieties; For non -
major plant varieties, t hey must be compatible with the information announced by their
owners together with the notice on receipt of the announcement on circulation of plant
varieties.282.Apart from labeling according to thegeneral regulations, plant variety labels must fully
state the following information:
a)Name of plant variety;
b)Summary of instructions for use;
c)Name and address of plant variety production and trading establishment. In cases where
the establishment's address does not match the address of the product ion or trade
establishment, it shall also include the address of the establishment and the address of
its production;
d)Quantity of plant varieties (quantity of varieties or number of plants,rootballs and
cuttings);
dd)Qualitycriteriaofvarietiesandpropagating materials ;
e)Date ofproduction , expiry date: date of production of plant varieties by extraction or
grafting method shall bedateof extraction or date of grafting; date of production of
plant varieties from s eedshall be seed -sowing date; date of production of seeds or
tubersshall be the date when they are harvested;
Forimported propagating materials, date of production is the date inscribed on the
package in foreign countries;
g)Guidance on preservation and use;
h)Name of produc ingcountry for imported plant variet ies;
i)Regulation conformity stamp , safety warnings;
k)Codeof batch of goods ;
l)Traceability stamp.
3.Propagatingmaterials must be packed tightlyandaffixed with traceability stamp for
each bag or package. In ca se of not being packed tightly, it must be in the form of
appropriate bags and bundles, and must be affixed with traceability stamp for each bag,
bundleor eachplant(when bags or bundles can not be used) and must have additional
label for each batch of v arieties.
4.For genetically modified plant varieties, information on genetically modified varieties
must be shown.
Section 6
EXPORT AND IMPORT OF PLANT VARIETIES
Article 41. Export of plant varieties
1.Organizations and individuals may export plant var ieties not in theList of plant
varietiesprohibited from export and restricted from export and must comply with the
provisions of thelaw on trade and foreign trade in plant varieties.
2.The Minister of Agriculture and Rural Development shall promulgate theList ofplant
varieties prohibited and restrict edfromexportbeyondthe Vietnamese territory.293.Organizations and individuals researching, cooperating and exchanging with foreign
countries plant varieties in the List of plant varieties restricted f rom export for scientific
research or testing purposes, donations, displayand other purposes must proposein
writing and must beapproved by the Minister of Agriculture and Rural Development
for export.
4.Plant varieties which are selected, created, dis covered and developed from domestic
rare and precious gene sources may only be exported when they have been used for at
least 3 years in the country for annual plantsand 5 year for perennial plantsfrom the
time of issuance of decision onrecognition ofcirculation and protection of the plant
varietiesor [from] the time of noti ceof receipt of announcement of circulation of the
plant variet ies. In case of export e arlier than the stipulated time -limit, a written request
must be made and the Ministry of Agr iculture and Rural Development has permitted .
Article 42. Import of plant varieties
1.Organizations and individuals mayimport plant varieties ,which have been issued with
decision on recognition of circulation and protection ofplant varieties or plant varieties
already announced for circulation in Vietnam ,and must fully comply with the
provisions of thelaws on trade, foreign trade , plant protection and quarantine.
2.For plant varieties ,which have not yet been issued with a decision on recognition of
circulation and protection or announcement for circulation in Vietnam, organizations
and individuals that wish to import them for scientific research or forpurposes of
testing,donating, displaying, or importing parental seeds toproducehybrid seeds mu st
be permitted for import by the Minister of Agriculture and Rural Development.
Article 43. Issuance of permit for import and export of plant varieties
1.Dossiers are as follows:
a)Written request for export or import;
b)Technical declaration ( foreachvariety,  it is only submitted when exporting and
importing [the variety] for thefirsttime);
c)In case of export or import in service of international research or cooperation, one copy
of the cooperation agreement in foreign language(s) must be add ed together with one
(01) notarized translation into Vietnamese;
d)In case of export or import, participation in fairs or exhibitions , written certification or
the organizing unit's invitation to participate in fairs or exhibitions must be
supplemented;
dd)In case of export or import as gifts, one (01) copy of the written certification between
the two parties in the foreign language must be added together with one (01) notarized
translation into Vietnamese;
e)In case of importing genetically modified plants, notarized copies of biosafety
certificates and certificates of genetically modified plants eligible for use as feed and
animal feed of the competent State managementagencyof Vietnam must be obtained ;
Ifimporting for biosafety testing, there must be a testing plan approved by the
Biosafety Council as established and approved by the Minister of Agriculture and Rural
Development.302.Order and procedures are as follows:
a)Organizations and individuals shall submit a set of dossiers direct ly or via post offices
or via web portal ofthespecialized management agenc yor viathenationalweb portal ;
b)Within 5 working days from the time of receiving valid dossier s, the receiving unit shall
organize appraisal of the dossier s. In cases where it is nece ssary to amend or
supplement, the owners thereof shall be notified for completion . The time for addition
and completion of the inadequate dossiers is not more than 3 months from the date of
receiving the dossiers for the first time. Exceeding this time lim it, organizations or
individuals that fail to supplement , complete thedossiers shall have to submit new
dossiers;
c)Within 10 working days from the time of receiving valid dossiers, the specialized
management agenc yshall appraise and submit them to the Minister of Agriculture and
Rural Development for issuance of permit for export, import and/or postinginformation
on the national webportal for the case of submission of the application dossiersfor
issuance of permit via national electronic information portal; or shallsend notice to
organizations and individuals and post information on the webportal of the Ministry of
Agriculture and Rural Development and the specialized management agency. In case of
refusal to issuepermit,it must notify organizatio ns and individuals ,clearly stat ingthe
reasons therefor;
d)Permit is valid only for batch ofgoodsisappliedfor export or import registration.
Article 44. -Inspection of quality of imported plant varieties
1.Imported plant varieties must be inspecte d for quality, except for plant varieties are
temporarily imported for re-export,plant varieties in transit, transferred from one
border-gate to another border -gate;plant varieties sent to bonded warehouses.
2.TheState inspection agency in charge of qualityof imported plant varieties shall be the
specialized management agency.
3.Imported plant variety batchesshall only be considered as completing the customs
procedures whenthe specialized management agency has notification of the results of
Stateinspection .
4.After taking samples, batches of plantvarieties shall be allowed to be brought to
preservation warehouses before the inspection results are obtained and comply with the
regulations on customs inspection and supervision procedures applicabl e to import and
export goods.
5.Dossiers of State inspection of quality of imported plant varieties must be kept for 5
years as from the date of issuance of notice of the Stateinspection results.
Article 45. -National reserve ofplant varieties
1.TheMinister of Agriculture and Rural Development shall submit to the Prime Minister
for decidingthe quantity and list of plant varieties for national reserve s.
2.Plant varieties in theList of national reserve goods must conform to the structure of
plant varieties being commonly used in localities; It is managed and used in accordance
with the law on national reserves.31Chapter III
FERTILIZER S
Section 1
FERTILIZER RECOGNITION AND TESTING
Article 46. -General principles on recognition of fertilizers in circ ulation
1.Fertilizers are goods of conditional trade group which are recognized for circulation in
Vietnam.
2.Domestic or foreign organizations and individuals (having representative offices,
companies or branches of companies licensed to operate in Vi etnam) may register
recognition of fertilizersin their names .
3.Each organization or individual may register recognition of only one fertilizer name for
each ingredient formula, registered fertilizer nutrientcontent.
4.The Government shall stipulate the dossiers, order, procedures, time limits and
competence torecognizefertilizers circulated in Vietnam.
Article 47. -Fertilizers arenot be recognized for circulation or revocation of decisions on
recognition of fertilizers circulated in Vietnam
1.Fertilizers are not recognized for circulation
a)Containing harmful elements in excess of the maximum limits specified inthenational
technical regulations, national standards and other relevant regulations;
b)Having scientific evidences on high -riskfertilizers, which cause adverse impacts on
human health and the environment;
c)Its trade name sarecoincidentwithtrade name ofother fertilizers hav ingbeen
recognized for circulation .
2.Decisionson recognition of fertilizers circulated in Vietnam is canceled [when]:
a)There are scientific evidences that the fertilizers have high risk of cause adverse
impacts on human health and the environment;
b)Detecting the use of fake documents or provision of information in documents incorrect
with the fer tilizers proposed for circulation;
c)Fertilizers have been recognized for circulation but have expired and have not been re -
recognized.
3.The Government shall stipulate the order and procedures for canceling decisions on
recognition of fertilizers circ ulated in Vietnam.
Article 48. -Forms of recognition of fertilizers in circulation
1.Recognition for the first time
a)Fertilizers are domestically researched or created;
b)Fertilizers are imported into Vietnam for the first time;32c)Fertilizers alre ady recognized for circulation areregistered for change of quality
criteria.
2.Re-recognition
a)Circulation time -limit of fertilizers have expired;
b)To change information oforganizations and individuals that have fertilizers already
recognized for circulation; decisionson recognition of fertilizers circulated in Vietnam
are lost or damaged ;
c)To transfer fertilizernames;
d)To change names of fertilizers already recognized for circulation.
The cases of re -recognition specified inPoints b, c and d, Clause 2 of this Article shall
beimplemented only if the quality criteriaof fertilizers are not changed.
Article 49. -Principles oftesting fertilizers
1.Fertilizers must be subject to testingbefore being recognized for use, except for the
categories of fertilizers stipulated in Clause 2 of this Article.
2.Fertilizers not subject to testing:
a)Organic fertilizers, traditional organic fertilizer us edtofertilizeroots;
b)Single fertilizers and compound fertilizers ,whichare used for fertilizingrootsand
without being supplemented withsubstances to increase itsuse efficiency, soil
improvers, microorganisms, biological substances, growth regulators or substances to
change the nature, utilityanduseefficiency of fertilizer s;
c)Fertilizers are the results of State -level, ministerial -level or provincial -level research
projects, which are recognized as technical advances.
3.Fertilizers must be subject to bothdemonstration and typical testing ;demonstration
maybe conducted only after th eend of typical testing .
4.Testing of fertilizers must be subject to approvalofthe Ministry of Agriculture and
Rural Development and carried out at the organizations accredited to be eligible for
testing.
5.Testing of fertilizers shall comply with t he national standards ( the Vietnamese
Standards ). In the absence of corresponding the Vietnamese Standards , the testing shall
be conducted in accordance with the fertilizer testing rules.
6.Amount of fertilizer allowed to be produced or imported for test ing shall be determined
based on the dosage fertilized to eachkind of plants and the actual testingarea but shall
not exceed amount [of fertilizer] usedfor10 hectares for testing of annual crop plants
and 20 hectares for perennial cropplants.
7.TheGovernment shall stipulate dossiers, order and procedures for registration of
testing.
Article 50. -Requirements for recogni tion oforganizations conduct ingfertilizer testing
1.Organizations areestablished under the provisions of thelaw.332.Persons d irectly in charge of testing must have university or higher degree in one ofthe
following special ties: crop production, plant protection, agro-chemical soil, a gronomy,
chemistry , biology and must have certificate of training in fertilizer testing .
3.Having at least 5 people conducting official testing of the organization (civil servants or
underlabor contracts with indefinite term or labor contracts with definite terms) , who
satisfy the following requirement s:
a)Having university or higher degree in t he special tiesspecified in Clause 2 of this
Article;
b)Having certificates of training in fertilizer testing.
4.Having adequate facilities and equipment for the fertilizer testing.
5.The Government shall detail this Article.
Section 2
PRODUCTION AN DTRADING OF FERTILIZER
Article 51. -Requirements for issuance of certificates of eligibility for fertilizer production
1.Organizations and individuals producing fertilizers must satisfy the following
requirement s:
a)Organizations and individuals estab lished under the provisions of thelaw;
b)Having production location and workshop area suitable to the capacity of the fertilizer
production line and machinery;
c)Production l ines, machinery and equipment from the processing of raw materials to the
final products meet the technolog yprocess;
Stagesand systems arerequired to use mechanized or automated machine s and
equipment ;
Machinesand equipment subject to strict safety requirements and test and measurement
equipment must be expertised , calibrated and adjusted in accordance with thelaw;
d)Having separate raw material areas and finishedproduct areas; hav ingshelves or liners
for placing goods;
dd)Having laboratories recognized or contracted with designated testing organizations to
assessthe qualitycriteriaof fertilizers they produce;
e)Having a quality management system compatible with ISO 9001 or equivalent, for
newly set up establishments, the latest isone year after its establishment;
g)Direct managers and managers of production have university or higher degrees in one
ofthespecialties:crop production, plant protection, agro -chemical soil, ag ronomy,
chemistry, biology .
2.For establishments operating fertilizer packages only, they arenotrequired to satisfy
therequirement s specifiedinPoints e and f, Clause 1 of this Article.343. The Government shall stipulatethe dossiers, order, procedures, time -limits and competence
toissuecertificates of eligibility for fertilizer production.
Article 52. -Requirements forissuance of certificates of eligibility for fertilizer trading
1.Organizations and individuals trading in fertilizers must satisfy the following
requirements:
a)Organizations and individuals areregistered or established under the provisions of the
law;
b)Having a fertilizer-sellingshop(s). Fertilizer shops must have: signboards; record of
buying and selling fertilizer; public price list of each kind of fertilizer listed atvisible
place, easy to see andread;
c)Having fertilizer -storingareas; have shelves or liner s to place goods;
d)Persons directly selling fertilizers must holdcertificates of professional trainingin
fertilizers, except for cases where they have obtained intermediate or higher degree in
one ofthefollowing special ties: crop production, plant p rotection, agro -chemical soil,
agronomy, chemistry, biology .
2.In cases where establishments trading in fertilizers do not have shops, [the
establishments] musthavea certificate of enterprise registration;havea fixedand
lawfulplace of transaction; keep records of the purchase and sale of fertilizers and
satisfy the provisions inPoint d, Clause 1 of this Article.
3.The Government sh all stipulate the content of professional trainingin fertilizers and
dossiers, order, procedures, time -limit and com petence to issuecertificates of eligibility
for fertilizer trading.
Section 3
EXPORT AND IMPORT OF FERTILIZERS
Article 53. -Export of fertilizers
Fertilizers for export must comply with the regulations of importing countries, contracts
international tre aties,international agreements on mutual recognition of results of
conformity assessment with the concerned countries or territories.
Article 54. -Import of fertilizers
1.Organizations and individuals that have fertilizers already recognized for circula tion in
Vietnam andimportedor authoriz edtoother organizations and individuals to import
shall not be required to obtain animport permit, except for cases specified in Clause 2
of this Article .
In case of authorization toimport, the authoriz edorganizations and individuals shall
have topresentthe authorization fromorganizations and individuals that register their
namesto theimporting organizations and individuals at customs office.
2.Organizations and individuals importing unrecognized fertiliz ers must have import
permitinone of the following cases:
a)Fertilizersfor testing;35b)Specialized fertilizers for sport grounds, amusement parks;
c)Fertilizers for specialized use by foreign -invested enterprises in service of production
within the enterprise's scope; used in foreign projects in Vietnam;
d)Fertilizers used asgifts; samples;
dd)Fertilizers participating in fairs and exhibitions;
e)Fertilizers imported for production of fertilizers for export;
g)Fertilizers for scientific rese arches;
h)Fertilizers used as raw materials for fertilizer production.
3.The Government shall stipulatethe dossiers, order, procedures and competence toissue
permits for import of fertilizers.
Section 4
QUALITY MANAGEMENT, LABELING, NAMING ,
ADVERTIS EMENT OF FERTILIZER S
Article 55. Management of fertilizer quality
1.Fertilizer qualityshall be managed according to the provisions of the law on product
and goods quality.
2.Conformity assessment organizations wishing to participate in testing, expertising,
appraising and certifying the quality of fertilizers must be subject to certification of
operating fieldsaccording to the provisions of thelaw on conditions of trading and
conformity assessment services and designated by the Ministry of Agricultur e and
Rural Development in accordance with the Law on Product and Goods Quality and
relevant documents.
3.The sampling of fertilizers for quality testing in service of the State management must
be conducted by the samplers having acertificate of trainin g intaking fertilizer
samples; the Ministry of Agriculture and Rural Development shall stipulate t he content
of training and the issuance of certificate of training in taking samples .
Article 56. -Inspection of quality of imported fertilizers
1.Imported fertilizers must be inspected for quality, except for imported fertilizers
specified in Article 67; fertilizers temporarily imported for re -export, fertilizers in
transit,fertilizers transferred from one border-gate toanotherborder-gate; fertilizers
sent to bonded warehouses; export processing enterprises importing inland fertilizers
into export processing zones.
2.The State inspection agency for imported fertilizer quality is a specialized agency under
the Ministry of Agriculture and Rural Developmen t.
3.Imported fertilizer batchesshall be allowed to complete customs procedures onlywhen
thereare Stateinspection result noticefrom agencies stated in Clause 2 of this Article.364.Fertilizers shall be permitted to bebroughtinto preservation wareh ouses before the
inspection results are obtained and shallcomply with the regulations on customs
inspection and supervision procedures for import and export goods.
5.Dossiers on the State inspection of quality of imported fertilizers must be kept for a
duration of five (5) years as from the date of issuance of the State inspection result
notice.
6.The Government shall provide for the dossiers, order and procedures for State
inspection of imported fertilizers.
Article 57. Principles ofnaming
1.Name of fertilizers must not be identical with the names of fertilizers already
recognized for circulation in Vietnam.
2.Names of fertilizers do not mislead the nature, utility, composition and type of
fertilizers.
3.Names of fertilizers must not violate tra ditional fine customs of Vietnam; Do not have
the same way of reading or writing with names of leaders, national heroes, celebrities,
foods, beverages, pharmaceuticals.
4.Where name of fertilizer component used as the registered fertilizer name coincides
with the name of a fertilizer already recognized for circulation, it must add its own
symbols so that name in order not to coincide with the name of the fertilized already
recognized.
5.For mixe d fertilizer names, the content of fertilizer names shall b e placed in the
following order: Name of fertilizer type, ingredient, private symbols, quantitative
number of ingredient included in name, other private symbols (if any).
Ingredients and quantitative numbersof ingredients in the following order: Nutritio nal
factors of polyunsaturated (N), phosphorus (P), potassium (K), secondary nutrients,
micronutrients, organicsubstances ,othersupplementary substances (if any).
Article 58. -Fertilizer labels
1.Fertilizers circulated domestically and imported fertili zers must be labeled in
accordance with the law on goods labeling.
2.Fertilizer labels , apart from compulsory content , must be additionally inscribed with
category of fertilizers and the number of fertilizer recognition decisions ,for leaf
fertilizers, t he phrase "phân bón lá"[ "leaf fertilizer" ]must be clearly inscribed.
3.Contentinscribed on the labels must comply with the decisions on recogni tionof
circulation of fertilizers in Vietnam.
Article 59. -Advertisement of fertilizers
Organizations and i ndividuals that advertise fertilizers must comply with the provisions
ofthelaw on advertisement of fertilizers and be certified by thecompetent State
management agenc yfor advertising content .
Section 537RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIV IDUALS
OPERATION IN FERTILIZER FIELD
Article 60. -Responsibilities of organizations and individuals that produce, trade in,
import or export fertilizers
1.Organizations and individuals producing fertilizer
a)To satisfy the requirements for production o f fertilizers stipulated in Article 65 of this
Law, and only produce fertilizers after the competent State management agency has
issued with a certificates of eligibility for production of fertilizers to [the organizations
and individuals];
b)To strictly comply with the content of the certificates of eligibility for production of
fertilizers and the regulations on production of fertilizers;
c)To test and store test results of each batch of finished fertilizers before putting them into
circulation in the market. To keep archives of the test results for two (02) years and to
storeand preserve the samples for six (06) months after sampling;
d)To recall and treat fertilizers which fail to meet the quality requirements and pay
compensations for damages caus ed to the victims according to the provisions of the
law;
dd)To report the situation of production, import or export of fertilizers to the competent
State management agency before November 30 every year or irregularly when so
requested.
e)To abide by t he inspection and examination by competent State management agencies;
to observe the relevant provisions of the law on fertilizer production;
g)To advertise and provide information on composition, utility, usage of fertilizers in
accordance with to the n ature of the fertilizers and the provisions of the law;
h)To organize training and use instructions on fertilizers; professional training for
laborers directly producing fertilizers;
i)Fertilizers to be produced must have a clear origin;
k)To abide by the provisions of the laws on fire prevention and fighting; chemistry; labor;
environment.
2.Organizations and individuals trading in fertilizers
a)To satisfy the requirements for trading in fertilizers specified in Article 66 of this Law
and trading in fertilizers is permitted only after the competent State management
agencyhas issued the certificates of eligibility for fertilizer trading;
b)Fertilizers must be arranged separately, not mixed with other commodities, and must be
preserved in a dry pl ace;
c)To advertise or provide information on the composition, utility and use of fertilizers
strictly according to the nature of fertilizers and the provisions of the law;
d)Checking origin of fertilizers, fertilizer labels, standard -conformity or regu lation-
conformity stamps and documents related to the quality of fertilizers;38dd)To abide by inspection and examination by the competent state management agencies
in satisfying the requirements for fertilizer trading according to the provisions of this
Law and the provisions of the relevant laws;
e)To keep archives of lawful vouchers evidencing the origins and places of production,
places of importation or places of supply of fertilizers;
g)Traded fertilizer must be labeled according to the current re gulations;
h)To treat disqualified fertilizers and fake fertilizers and to make compensations for
damages caused to the victims according to the provisions of the law when the
production establishments can not be identified;
i)To abide by the provisions of the laws on fire prevention and fighting, chemicals, labor
and environment.
3.Organizations and individuals that import or export fertilizers
a)To comply with regulations on import and export of fertilizers according to the
regulations;
b)To compl y with the regulations on fertilizer quality according to the provisions of the
law on product and goods quality;
c)To abide by the inspection and examination by the competent state management
agencies; to observe the regulations on export and import of other goods according to
the provisions of the relevant laws.
Article 61. -Responsibilities of organizations conducting fertilizer testing
1.Fertilizer testing must be objective and accurate.
2.To comply with standards, technical procedures and testing requirements.
3.To take responsibility before law for the testing results.
4.To keep archives of the whole field log, raw data, report on the results of testing for at
least 5 years from the date of testing.
5.To abide the inspection and supervision of testing activities by the competent State
management agencies.
6.To pay compensations for damages according to the provisions of the law.
7.To report on testing results.
8.Before carrying out testing, [organizations and individuals using fertiliz ers] must send
the fertilizer testing outlines to the competent State management agency of the localities
where the testing is conducted so as to have bases to inspect the implementation of the
testing.
9.To report results of operations of the fertilizer testing organization to the competent
State agency before D ecember 25 every year or extrao rdinarily at the request of the
competent State management agency.
Article 62. -Responsibilities of organizations and individuals that use fertilizers
1.Organizati ons and individuals that use fertilizers have the following rights:39a)To be provided with information and instructions on efficient use of fertilizers;
b)To request fertilizer -trading establishments to guide use of fertilizers in accordance with
the contentof their labels;
c)To be compensated for damages according to the provisions of the law.
2.Organizations and individuals using fertilizer shall have the following obligations:
a)To use fertilizers already recognized for circulation in strict acc ordance with the
instructions inscribed on the labels;
b)To use fertilizers to ensure efficiency and human safety and food safety on the principle
of proper soil, proper types of plants, right doses, right time, proper fertilization;
The Ministry of Agri culture and Rural Development shall formulate a set of documents
ofguiding the use of fertilizers according to the principles stated inPoint b. Clause 2 of
this Article.
Article 63. -Responsibilities of samplers
1.To takesamples according to theregulations, ensuring the objectivity.
2.To keep secret all information and data related to the sampling, except for cases where
competent state management agencies request reporting.
3.To attend training on fertilizer sampling.
4.To be responsible before the law for sampling fertilizers.
Chapter IV
CULTIVATION
Section 1
PRINCIPLES OF OPERATION, RIGHTS AND OBLIGATIONS OF
CULTIVATING ORGANIZATIONS AND INDIVIDUAL ACTIVITIES
Article 64. Principles of cultivation activities
1.To conduct sustainable cultivat ion in the conditions of soil, water and air environment
ensured in accordance with the law.
2.To ensure the efficient and sustainable exploitation of natural resources and
infrastructure; safety of production environment and disease prevention according to
the law.
3.To be in line with the planning and plans; to promote regional and local advantages; to
to be associated with economic development.
4.To apply processes, standards, national technical regulations and food safety assurance
conditions.
5.To create a favorable environment for development of cooperation and linkage to
production and construction of concentrated commodity production areas with contracts
and quality certification.406.Towards modern agricultural production, applying high tech nology, information
technology, precision technology, smart agriculture to adapt and mitigate the impacts of
climate change.
7.To be protected by the State when other organizations or individuals infringe upon their
legitimate rights and interests in the course of cultivation.
Article 65. -Rights of cultivating organizations and individuals
1.To self-organize production or to associat ewith other organizations and individuals for
crop production.
2.To enjoy the State's policies on support or investmen t incentives for activities of crop
production ; To support [for compensation of] damages to restore production in case of
damages caused by natural calamities or epidemics as stipulated by the Government.
3.To be informed of policies, laws, technical adv ances, technologies and markets for crop
products; to train in crop production in accordance with the regulations of the
Government.
4.To be entitled to registration for issuance with plant variety code and to provide
information for management of plante dregions.
5.To be informed, warned about the situation of climate, environment, epidemics and
natural disasters.
6.To participate in agricultural insurance according to the Government's regulations.
Article 66. -Obligations of organizations and indivi duals in cultivation
1.To use economically and efficiently land and water resources.
2.To only use plant varieties, fertilizers, pesticides and materials permitted for use or
circulation in Vietnam under the guidance of specialized agencies or manufact urers.
3.To monitor and supervise criteriaof production environment, plant pests; to promptly
report to competent authorities when environmental pollution and pest outbreaks occur;
to take initiative in treating environmental pollution and plant pest co ntrol in
accordance with the law on environmental protection and plant quarantine and
protection.
4.To comply with the law on natural disaster prevention and control.
5.To keep archives of records, production diary; log books for purchase and use of
varieties, fertilizers and pesticides in the course of production in service of traceability
according to the provisions. Of the law.
6.To take responsibility before the law for the activities of crop production, quality and
food safety of the products the y supply; To be subject to the inspection and supervision
by competent State agencies in the course of production.
7.To carry out the restructuring of the plants in conformity with the local planning and
plans for cultivation development, the plan for la nd consolidation, the formation of
concentrated commodity production zones; In line with the existing infrastructure and
plans to upgrade infrastructure for production, mechanization in cultivation.418.To apply appropriate production measures to protect, maintain, improve and foster soil
fertility, reduce pollution, degradation, erosion, runoff, acidification, soil alkali, and
spreading of infectious diseases.
9.When participating in production links, [they] must have the following obligations:
a)Produce crops identified in the associated region;
b)To comply with the processes of production, use of materials and quality management
as agreed between the parties. To ensure production activities do not affect adjacent
production fields;
c)To fully fulf ill the commitments in the joint -venture contract and take responsibility
before the law for the violations.
Section 2
DEVELOPING, PROTECTING CONCENTRATED CULTIVATION REGIONS
AND SPECIFIC CULTIVATION REGIONS
Article 67. -Concentrated cultivation regions and specific cultivation regions
1.The concentrated commodity production regions includes the main crop cultivation
regionsdefined in the provincial planning to have a stable development plan.
2.Specific cultivation regions include organic cultivation; cultivation on sloping land;
cultivation on salty alum soils, cultivation on coastal sandy soils and desertifying land,
cultivation in urban areas and cultivation in association with tourism.
3.The Ministry of Agriculture and Rural Development shall gui de the criteria for
determining specialized cultivation regions for concentrated commodity production and
specific cultivation.
Article 68. -Development and protection of specialized cultivation regions for
concentrated commodity [production]
1.The devel opment of concentrated commodity cultivated regions must be appropriate to
the land conditions, climate and market demand, ensuring the efficient exploitation of
regional advantages.
2.People's Committees at all levels shall have the following responsibi lities:
a)Toformulate provincial -level plannings, in which specialized cultivation regionsfor
concentrated commodity production are determined , promulgate regulations and
decentralize the management and protection of concentrated commodity production
regionsin association with processing and consumption according to the modern
directions. contract edproduction and quality certification.
b)To support construction of infrastructure, logistic services and trade promotion of
products for concentrated com modity production regions;
c)To assist organizations and individuals involved in the cooperation and association with
goods-producing organizations for signing of contracts and assurance of harmony of
interestsbetween the parties.
Article 69. -Developme nt and protection of organic cultivation regions421.Organic cultivation regions must be planned, protected and have appropriate
infrastructure, ensuring no chemical pollution from the outside.
2.Provincial -level People's Committees shall identify and wi delyannounce organic
cultivation regions;to promulgate regulations on cultivation on organic cultivation
regions withinitsscope of management.
3.Organiccultivation andcropproductsof organic cultivation for domestic consumption
must conform to theVietnamese Standards or standards of organizations to which
Vietnam is a contracting party or [Vietnam] hasagreements on mutual recognition;
export service must meet the requirements of the importing country.
4.Plant varieties, fertilizers, soil improv ers,pesticides and other input materials used in
organiccultivation must meet the standards of organic agriculture and related technical
regulations. Nottousesynthetic chemicals, growth hormones or genetically modified
organisms as input materials in the process of production, preservation or processing .
5.The Government shall stipulate the production and announcement of applicable
standards, certification of conformity of organic products and the requirement s on
certification organizations , labeling , logo, traceability and trading, quality control in
respect to organiccultivation products; incentive andsupportpoliciesand conditions,
mechanisms forsupporting the development of organic cultivation .
Article 70. Development and protection of cultiva tionregions on sloping land, salt -
sulphate soils, coastal sandy soils, land at the risk of desertification.
1.Cultivation of sloping land, saline soils, coastal sandy soils and deserted and deserted
soils should be managed rigorously and strict applicat ion of the production processes to
prevent erosion. landslide, landslide and land degradation, ensuring sustainable
development.
2.The Ministry of Agriculture and Rural Development shall guide in detail the methods of
sustainable farming on sloping land, salt-sulphate soils, coastal sandy soils and land in
danger of desertification and desertification.
3.Provincial -level People's Committees shall determine regions, widely announce and
promulgate regulations on cultivation on sloping land, salt -sulphatesoils,coastal sandy
soils and land at risk of desertification within their scope of management.
Article 71. Cultivation in urban areas and cultivation associated with tourism
1.The development of cultivation in inner cities and inner towns must have app ropriate
shielding measures forprotection ofthe environment andavoidance ofpollution from
dust, waste water, waste and chemicals. In densely populated areas, chemical pesticides
shall be used in inner cities or innertownonlywhenobtaining permissionfrom the
specialized management agencies.
2.Cultivationareas associated with tourism shall be supported to be maintained and
developed in accordance with the regulations of the Government.
3.District-level People's Committees shall determine densely populated areas where it is
necessary to restrict the use of chemical pesticides ; cultivationareas associated with
tourism, widely announc ementand promulgat ion ofregulations on use of chemical
pesticides ininner cities and inner towns under their respe ctive management scope;
regulations on cultivation applicable regionsin service of tourism.43Article 72. Management and iss uance of cultivation regioncodes
1.Commodity production regions shall be issued with cultivation regioncodes in service
of the management, exchange of information and traceability of products.
2.The Ministry of Agriculture and Rural Development shall guide the issuance of
cultivation codes nationwide.
Chapter V
HARVESTING, PURCHASING, SELLING, PRESERVING, PRELIMINARILY -
PROCESSI NG, PROCESSING, EXPORTING AND IMPORTING CROP PRODUCTS
Article 73. -Harvesting, preserv ingand processing cropproducts
1.Harvesting products by appropriate methodandmeans, limiting losses, ensuring
product quality; Unused by -products must be treated wi thout causing pollution to the
environmen t.Plants,for which pesticide(s) is used, must comply with the time for
harvesting products to be used as food according to the provision of isolationtime.
2.Wholesale markets, purchasing establishments, warehousesand processing
establishments must apply appropriate technical measures to preserve products in order
to ensure food quality and safety.
3.Nottousechemicals or additives in theList of those prohibited or outside the List of
those permitted for us e in the preservation and processing of crop products.
4.Construction of establishments for preservation and processing of crop products must
be in line with the planning ,in association with raw material production regions and the
ability to consume pro ducts and [must]create value chains for sustainable development
of the crop production sector .
5.Development of process edproducts of the crop production sector in accordance with
themarketmechanism onthe basis of application of advanced and modern t echnologies
to preliminarily-processing, preserving and deeply processing [activities] to create
products with high added value for satisfaction of demand for export and domestic
consumption.
Article 74. -Conditions on establishments purchasing, preliminar ily-processing and
processing cropproducts
1.[Crop product] purchasing, preliminarily -processing and processing e stablishments
must satisfy the requirement s inaccordance with the provisions on food safety and
other provisions of the law .
2.Input mate rials of[crop product] purchasing, preliminarily -processing and processing
establishmentsmust have clear origins, ensuring the quality andfood safety.
Article 75. Import and export of cropproducts
1.Organizations and individuals importing cropproducts must have clear origin dossiers,
satisfying quality, food safety and epidemic safety in accordance with the provisions of
thelaw.442.Organizations and individuals exporting cropproducts shall comply with the
requirements of importing countries.
Article76.Development of wholesale markets for crop products
1.Wholesale m arkets for crops products shall be arrangedin concentrated crop production
regionsorplaces of crop production consumption with large quantity , including
transactions, purchase, sale, sale and auction of crop products. .
2.The development of wholesale markets for cropproducts must comply with the
planning.
3.Provincial -level People's Committees shall organize the inspection and supervision of
theimplementation of regulations on wholesale markets for cropproducts; To plan land
for construction of wholesale markets for c ropproducts.
Article 77. -Management of the quality of cropproducts
1.Cropproducts used as food are subject to quality control on the basis of technical
regulations and corresponding regulations on safety limits promulgated by the
competent State management agencies and standards announced and applied by
producers;For crop products used for other purposes , the owners self-declare the
appliedstandard.
2.Products produced from genetically modified plant varieties must be labeled in
accordance with the law on food safety and the lawon safety and bio -diversity.
3.Products produced from genetically modified plant varieties must be labeled in
accordance with t he law on safety and bio -diversity.
CHAPTER VI
STATE MANAGEMENT OF CROP PRODUCTION
Article 78. -Responsibilities of the Government, ministries and ministerial -level agencies
1.The Government shall perform the uniform State management over crop productio n
throughout the country
2.The Ministry of Agriculture and Rural Development shall take responsibility before the
Government for performing the State management over crop production as follows:
a)To perform the State management over activities of crop production throughout the
country; To formulate and direct the implementation of strategies, schemes and plans
oncrop production ;
b)To promulgate according to its competence or submit to competent authorities for
promulgation, and organiz ation of the implementation of policies, legal documents,
standards, technical regulations and technical processes on crop production ;
c)To direct, guide and organize the implementation of plant pest prevention and fighting ,
restoration of production due to natural cal amities and epidemics; management of
production andprocessing and crop production ; trade, quality and safety of crop foodin
accordance with the law;45d)To organize issuance, re-issuance, extension, revocation and cancel ation of permits,
written recognit ion,certificates, protection title, under their management in the crop
production ;
dd)To build databases and information systems; make statistics and reports on crop
production;
e)To organize the research and application of sciences and technologies; to conduct basic
surveys, collect and manage information, documentation and international cooperation
in the field of crop production;
g)To conduct training, pr ofessional training, propaganda, dissemination and education of
the law and knowledge of cropproduction ;
h)To inspect, examine and settle complaints and denunciations, deal with violations of the
law incrop production ;
i)To promulgateList of major plant species ; provisional regulations; regulations on the
receipt and preservation of standard variety samples ; To guide and manage the issuance
ofcultivation regioncodes nationwide; Forms for implementation of the provisions of
this Law.
3.Therelevantministries and ministerial -level agencies shall, within the ir scopeof their
respective task s and powers, have to coordinate with the Ministry of Agriculture and
Rural Development in performing the task of State management over crop production
Article 79. -Responsibilities of People's Committees at all levels
1.The provincial -level People's Com mitteesshallhave thefollowing responsibilities:
a)To promulgate according to its competence policies and legal documents on crop
production to be applied in the localities;
b)To organize, guide, propagat eand disseminat ethe State's regulations and policies and
supply information to organizations and individuals engaged in production and trading
in the field of crop production ;
c)To formulate and direct the implementation of strategies, plannings and plans for
development of crop production in their respective localities;
d)Toformulate plans and direct the development of cooperative organizations,
associations and unionsin the field of crop production in their respective localities;
dd)To propose the People's Councils of the same level to prom ulgate policies and allocate
funds for the development of plant varieties in their respective localities;
e)To manage production and trading activities in the field of crop production according to
their assigned competence;
g)To inspect and handle viol ations and settle complaints and denunciations in respect to
activities of crop production inthelocalities;
h)To build a system of information and archives of crop production documentation ;
i)To formulate and organize the implementation of measures t o prevent and overcome
consequences of natural calamities in the field of crop production .462.People's Committees of district and commune levels shall, within the scopeof their
respective tasks and powers, have the following responsibilities:
a)To implement the content and measures of management in activities of crop production
in the[respective ]localities according to the provisions of thelaw;
b)To perform the task of State management over crop production as decentralized or
authorized by the Peop le's Committees of the immediate superior ;
c)To organize, propagat e, disseminat eand educat ethe law on crop production in the
locality.
Article80. Responsibilities of the Vietnam Fatherland Front and its member
organizations, socio -professional organiz ations, social organizations
1.The Vietnam Fatherland Front and its member organizations shall, within the scopeof
their respective functions and tasks, have to propagate and mobilize [organizations and
individuals for] the implementation of the policy and law on crop production ; Togive
law-making opinions , to conduct the social supervision and criticism in the field of crop
production according to the provisions of thelaw.
2.Socio-professional organizations and social organizations shall give their law making
opinions on in the field of crop production ;To propagateand disseminat eknowledge
andthelaw oncrop production ;To provide advice and t echnical training on crop
production .
Chapter VII
IMPLEMENTATION PROVISIONS
Article 81. -Implementation e ffectiveness
1.This Law shall be of full force and effect as from ... ... ... ... of 2019.
2.The Ordinance on Plant Varieties shall expire from the effective date of this Law.
Article 82. -Transitional provisions
1.Plant varieties have been recognize d as new plant varieties before the effective date of
this Law, may continue to be recognized for circulation and posted on the web portalof
the Ministry of Agriculture and Rural Development and the specialized management
agencies.
2.Plant variet iesrecognizedas new plant varieties in an ecological region(s)within a
geographical regionrecognized for a plant variety according to the provisions of this
Law may be extended to the scope of recognition of circulation in the geographical
regionofthe public domain. Receive seedlings for circulation of plant varieties
stipulated in this Law.
3.For plant varieties specified in Clause 1, Clause 2 of this Article, the Ministry of
Agriculture and Rural Development shall change from decisions on recognition of new
plant varieties to decisions on recognition of circulation of plant varieties without the
need to carry out the registration procedures for change of decisions on recognition of
circulation, they must additionally submit to the specializ ed management agencies the
cultivation process(es) for the varieties and written declaration of infor mation inscribed47on labels or advertisement of the plant varieties specified in Point h, Point i, Clause 2,
Article 27 of this Law, suitable to the testing results within 6 months after the effective
date of this Law.
4.Plant varieties are currently under testing for recognition of new plant varieties must be
subject to VCU testing under controlled conditions and production testing according to
the demonst ration regulations of this Law and are entitled to be recognized for
circulation without trial production.
5.Plant varieties ,which have been recognized for trial production and whose results meet
theproduction requirementsshall be recognized for circu lation in accordance with the
provisions [being effective] before the effective date of this Law.
6.Plantvarieties, which do not belong to the major plant species, but already recognized
as plant varieties prior to the effective dateofthis Law , may be changed in to
recognition of circulation in accordance with the provisions of Clause 3 of this Article
ormay be registeredfor announcement and circulation in accordance with the
provisionsin Article 30 of this Law.
7.Application dossiers for protectio n of new plant varieties already submitted before the
effective date of this Law shall comply with the provisions of the Intellectual Property
Law.
8.Exceptional recognition shall onlyapply to plant varieties which have commonly
existed in production pr ior to the effective date of this Law and shall be terminated
within a period of two (2) years from the time when this Law takes effect.
9.Fertilizer production permit salready issued before the effective date of this Law shall
be effective for three (3) years from the effective date of this Law.
This Law was passed by the National Assembly of the Socialist Republic of Vietnam,
XIV, 6th Session passed on ... month ... 2018
PRESIDENT OF NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan