IP/N/1/VNM/O/3  
 
16 October 2013  
(13-5668)  Page: 1/16  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 NOTIFICATION OF OTHER INTELLECTUAL PROPERTY LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT 
VIET NAM 
This document reproduces the text1 of the unofficial translation of Decree No. 88/2010/ND-CP 
detailing and guiding a number of articles of the law on intellectual property and the law amending 
and supplementing a number of articles of the law on  intellectual property regarding rights to plant 
varieties, as notified by Viet Nam on 14 August 2013 under Article 63.2 of the Agreement 
(see document IP/N/1/VNM/5). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
AUTRES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
VIET NAM 
Le présent document contient le texte1 de la traduction non officielle du Décret n° 88/2010/ND-CP 
contenant des détails et des orientations pour la mise en œuvre de certains articles de la Loi sur la 
propriété intellectuelle et de la Loi modifiant et complétant certains articles de la Loi sur la 
propriété intellectuelle relatifs aux droits sur les variétés végétales, notifié par le Viet Nam le 14 août 2013 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/VNM/5). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
OTRAS LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
VIET NAM 
En el presente documento se reproduce el texto1 de la traducción no oficial del Decreto del 
Gobierno Nº 88/2010/ND-CP que contiene disposiciones detalladas y directrices con respecto a varios artículos de la Ley de Propiedad Intelectual y de la Ley que modifica y complementa varios 
artículos de la Ley de Propiedad Intelectual en relación con los derechos sobre las obtenciones 
vegetales, notificado por Viet Nam el 14 de agosto de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/VNM/5).  
_______________
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/VNM/O/3 
 
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THE GOVERNMENT  
 
No. 88/2010/ND-CP SOCIALIST REPUBLIC  OF VIET NAM 
Independence - Freedom – Happiness 
 
Hanoi, August 16, 2010 
  
DECREES 
DETAILING AND GUIDING A NUMBER OF AR TICLES OF THE LAW ON INTELLECTUAL 
PROPERTY AND THE LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF 
THE LAW ON INTELLECTUAL PROPERTY RE GARDING RIGHTS TO PLANT VARIETIES 
 
THE GOVERNMENT 
 
Pursuant to the December 25, 2001 Law on Organization of the Government; 
Pursuant to the Law on Intellectual Property and the Law Amending and Supplementing a 
Number of Articles of the Law on Intellectual Property; 
At the proposal of the Minister of Agriculture and Rural Development. 
 
DECREES: 
 
Chapter I 
GENERAL PROVISIONS 
Article 1.  Scope of regulation 
This Decree details and guides a number of articles of the Law on Intellectual Property and 
the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property 
regarding rights to plant varieties, covering responsibilities for state management of rights to plant 
varieties order of and procedures for establishing ri ghts to plant varieties; rights and obligations of 
plant variety protection certificate holders and plant variety breeders; licensing and assignment of 
rights to protected plant varieties; and representation of rights to plant varieties. 
Article 2.  Subjects of application  
This Decree applies to: 
1. Vietnamese organizations and individuals; 
2. Foreign organizations and individuals defined in Clause 18. Article 1 of the Law 
Amending and Supplementing a Number of Arti cles of the Law on Intellectual Properly. 
Article 3 . Interpretation of terms 
In this Decree, the terms below are construed as follows: 
1. Applicant means an organization or individual that has the right to file an application for 
registration of rights to plant varieties under Clause 2. Article 164 of the Law on Intellectual 
Properly; 
2. Application submitter means the applicant or  a lawful representative of the applicant; 
3. Plant variety protection certificate holder means an organization or individual who is 
granted a plant variety protection certificate; 
4. Plant variety breeder means a person who directly selects and breeds or discovers and 
develops a new plant variety; in case two persons jointly select and breed or discover and develop 
a new plant variety, they are co-breeders; 
5. Plant variety protection agency is the Offi ce for Protection of Plant Varieties under the 
Ministry of Agriculture and Rural Development; IP/N/1/VNM/O/3 
 
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  6. Country having concluded with Vietnam an agreement on the protection of rights to 
plant varieties means a member country of the Inte rnational Convention for the Protection of New 
Plant Varieties (UPOV) or any country which has concluded with Vietnam a bilateral agreement on 
the protection of rights to plant varieties. 
7. Discovery and development of a new plant variety: 
a. Discovery of a new plant variety means the selection of natural variants; 
b. Development of a new plant variety means the process of propagating and assessing 
these natural variants. 
8. Detailed description of a plant variety (referred to as variety description) means a 
document expressing the characteristics of a plant variety made under the process of testing the 
distinctness, uniformity and stability and certified by the plant variety protection agency. A variety 
description is considered having been already published when it has been made available to the 
public in such form as scientific report or news report: or an article in newspapers, magazines or 
other publications. 
Article 4 . Responsibilities of ministries and ministerial-level agencies for the protection of 
rights to plant varieties 
1. The Ministry of Agriculture and Rural De velopment shall perform the state management 
of the protection of rights to plant varieties nationwide and have the following responsibilities: 
a. To submit to competent authorities for promulgation or to promulgate according to its 
competence legal documents on the protection of  rights to plant varieties and organize the 
implementation; 
b. To grant, re-grant, withdraw, invalidate or cancel plant variety protection certificates; 
c. To promulgate a list of protected plant varieties; processes and procedures of technical 
tests of plant varieties; 
d. To define the organization, functions, tasks and powers of the plant variety protection 
agency; to designate and manage the operation of organizations and individuals conducting 
technical tests of plant varieties; 
e. To disseminate and educate about the law on protection of rights to plant varieties; 
f. To examine, inspect and handle administrative violations in the protection of rights to 
plant varieties: 
g. To undertake international cooperation on the protection of rights to plant varieties; 
h. To manage activities of representing rights to plant varieties; to accredit and expunge 
rights-to-plant varieties representative service pr oviders; to grant and withdraw- rights-to-plant 
varieties representation practice certificates; 
i. To provide information and make statistics on the protection of rights to plant varieties; 
j. To issue forms on the protection of rights to plant varieties. 
2. The Ministry of Finance shall assume the pr ime responsibility for, and coordinate with 
the Ministry of Agriculture and Rural Development in guiding the collection, management and use 
of charges and fees for the protection of rights to plant varieties. 
3. The Ministry of Science and Technology and other ministries, ministerial-level agencies 
and government-attached agencies shall, within the scope of their assigned tasks and powers, 
coordinate with the Ministry of Agriculture and Rural Development in performing the state 
management of the protection of rights to plant varieties. 
Article 5 . Responsibilities of provincial-level People's Committees for the protection of 
rights to plant varieties 
1. To organize the implementation of policies and law on the protection of rights to plant 
varieties. 
2. To disseminate and propagate the law on the protection of rights to plant varieties. 
3. To examine, inspect and handle administrative  violations in the protection of rights to 
plant varieties. IP/N/1/VNM/O/3 
 
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  4. To direct People's Committees of districts, provincial towns or cities in taking measures 
of state management of the protection of rights to plant varieties in their localities. 
 
Chapter II 
ORDER OF AND PROCEDURES FOR ESTABL ISHING RIGHTS TO PLANT VARIETIES 
Article 6.  Registration for the protection of rights to plant varieties selected and bred or 
discovered and developed with state budget funds 
1. For a plant variety which is selected and bred or discovered and developed with state 
budget funds, the ownership right to that plant variety shall be assigned by the State to the 
organization directly selecting and breeding or discovering and developing that plant variety, which 
shall file an application for registration for the protection of rights to the plant variety and may 
perform the rights of a protection certificate holder as specified in Article 186 of the Law on 
Intellectual Property. 
2. For a plant variety which is selected and bred or discovered and developed with 
different capital sources, including state budget fund, the organization assigned by the State to 
use state funds which is directly engaged in the selection and breeding or discovery and 
development of that plant variety shall be assigned  to act as the owner of the state fund portion 
and file a protection registration application corresponding to the proportion of the state fund. 
Article 7 . Responsibilities of applicants and representatives of applicants 
1. Application submitters shall ensure th e truthfulness of information and documents 
provided to the plant variety protection agency in  the process of registering for the protection of 
rights to plant varieties: 
a. All submitted documents must be signed by the applicant or his/her representative and 
affixed with their stamp (for organizations) for certification; 
b. All Vietnamese versions of foreign-language documents must be authentic translations 
of original documents. 
2. Applicants shall take responsibility for all consequences and obligations arisen from 
transactions between their representatives and the plant variety protection agency. 
3. Applicants' representatives shall take responsibility before applicants for all 
consequences caused by the declaration and supply of untruthful information in their transactions 
with the plant variety protection agency. If causing damages, they shall pay compensations. 
Article 8 . Applications for registration for the protection of rights to plant varieties 
1. An application for registration for the protection of rights to a plant variety as defined in 
Article 174 of the Intellectual Property Law shall be made in 2 sets and submitted to the plant 
variety protection agency. 
2. In addition to the documents specified in  Clauses 1, 2 and 3 Article 174 of the Law on 
Intellectual Property, an application of an organization or individual from a country which has 
concluded with Vietnam an agreement on the protecti on of rights to plant varieties as defined in 
Clause 18 Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on 
Intellectual Property that has no residence address or production or business establishment in 
Vietnam shall be enclosed with necessary and sufficient papers to certify its/his/ her nationality or 
headquarters. 
3. The application of an organization or individual from a country other than those which 
have concluded with Vietnam agreements on the pr otection of rights to plant varieties shall be 
enclosed with documents evidencing its/his/her lawfully registered residence address or office in 
another country which has concluded with Vietnam an agreement on the protection of rights to 
plant varieties. 
Article 9.  Procedures for filing applicatio ns claiming the priority right 
To enjoy the priority right, an application submitter whose application satisfies all the 
conditions for claiming the priority right as sp ecified in Clause 1, Article 167 of the Law on 
Intellectual Property shall carry out the following procedures: IP/N/1/VNM/O/3 
 
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  1. Registering his/her claim for the priority ri ght in the protection registration declaration 
according to a set form; 
2. Paying fees for consideration of claims for the priority right; 
3. Within ninety (90) days after submitting a protection registration application, the 
application submitter shall supply the following documents: 
a. Copy(ies) of previous application(s), which is certified by the agency that has previously 
received that protection registration application; 
b. Evidence proving that the plant varieties registered in the two applications are the 
same, including the plant variety description, its photos and other relevant documents (if any); 
c. Lawful copy of documents on the transfer, i nheritance or bequeathal of the priority right, 
if such right is received from others. 
Article 10 . Receipt of protection registration applications 
1. The plant variety protection agency shall receive applications by any of the following 
modes: 
a. Directly from application submitters; 
b. By post. In case an application is sent by  post, the submission date is the sending date 
shown in the postmark; 
c. Via computer networks. 
2. Upon receiving an application, the plan t variety protection agency shall stamp the 
application to certify the submission date, record the serial number of the application in the 
register of received applications, and return one dossier set to the application submitter. 
3. The Ministry of Agriculture and Rura l Development shall guide the receipt of 
applications, modification, supplementation and tran sfer of the right to file applications and the 
transfer of applications for registration for the protection of rights to plant varieties. 
Article 11.  Formal examination of applications 
1. Formal examination of an application covers the following contents: 
a. Examination of the application's completeness and validity; 
b. Examination of documents enclosed with the application as prescribed in Article 174 of 
the Law on Intellectual Property and Articles 6, 7, 8 and 9 of this Decree. 
2. An application is invalid in terms of form when if it falls in any of the following: 
a. It lacks any of documents specified in Cl ause 1 Article 174 of the Law on Intellectual 
Property Law for applications without priority right claims, or any of documents specified in 
Clause 1 Article 174 of the Law on Intellectual Property or has not yet gone through all procedures 
prescribed in Article 9 of this Decree (for applications with priority right claims); 
b. Documents enclosed with the application are made not according to set forms or 
information declared in the registration form is insufficient; 
c. Documents specified in Clause 2 Article 174 of the Law on Intellectual Property have not 
yet been translated into Vietnamese; 
d. Documents enclosed with the application are erased, torn or unreadably faded; 
e. Lacking lawful copies of relevant documents; 
f. The application is filed by a person who is unqualified to file applications. In case the 
registration right belongs to different organizati ons and individuals, the consent of all concerned 
organizations and individuals is required. 
2. Handling of invalid applications: 
a. The plant variety protection agency may reject protection registration applications 
falling into the cases specified at Point b Clause 2 Article 176 of the Law on Intellectual Property, 
and Point f Clause 1 of this Article and notify in writing the application submitters of the rejection; IP/N/1/VNM/O/3 
 
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  b. For applications falling into the cases specified at Points a, b, c, d and e, Clause I of this 
Article, the plant variety protection agency shall co mply with Points b and c. Clause 3. Article 176 
of the Law on Intellectual Properly; 
c. The time limit of thirty (30) days defined at Point b, Clause 3, Article 176 of the Law on 
Intellectual Property shall be determined based on the postmark  of the post office at which the 
notice is received. In case the postmark is unreadable, that time limit is forty-five (45) days, 
counting from the date the plant variety protection agency sends the notice. 
Article 12 . Substantive examination of applications 
The substantive examination of applications as  specified in Article 178 of the Intellectual 
Property Law shall covers: 
1. Examination of the plant variety denomination as provided for in Article 13 of this 
Decree; 
2. Examination of the plant variety novelty as  provided for in Article 14 of this Decree; 
3. Examination of the technical test (DUS test) results as provided for in r Article 19 of this 
Decree. 
Article 13.  Examination of plant variety's denominations of  
1. The plant variety protection agency shall examine the properness of the proposed plant 
variety's denomination compared to those in the same species or a species close to the species of 
that plant variety which have been recognized by Vietnam or by any country which has concluded 
with Vietnam an agreement on the protection of ri ghts to plant varieties under Clause 20, Article 1 
of the Law Amending and Supplementing a Number of  Articles of the Law on Intellectual Property. 
2. In case the denomination of a plant variet y registered for protection is improper, the 
plant variety protection agency shall send a notice to the application submitter, requesting the 
change of that denomination in accordance with regulations. Within thirty (30) days after receiving 
such notice from the plant variety protection agency, the application submitter shall propose a new 
denomination in conformity with regulations. Past that time limit, if the application submitter fails 
to propose an appropriate denomination, the plant variety protection agency may reject the 
application. 
3. If wishing to change the denomination of a plant variety, the application submitter may, 
before the grant of a protection certificate,  request the change of the denomination and 
concurrently propose a new denomination for the registered plant variety and pay a fee according 
to regulations. 
4. The plant variety protection agency shall notify all information on plant variety 
denominations to competent authorities of countries which have concluded with Vietnam 
agreements on the protection of rights to plant varieties. 
5. Official denominations of plant varieties are those recognized at the time of issuance of 
decisions on the grant of protection certificates for those plant varieties. 
Article 14 . Examination of novelty 
1. Examination of novelty of a plant variety registered for protection covers: 
a. Examination of information in the protection registration declaration: 
b. Considering and responding to feedback and complaints (if any) about the novelty of the 
plant variety registered for protection after the application is published. 
2. The novelty of a plant variety registered for protection shall not be lost if, within one 
year before the date of submitting the applicatio n, reproductive materials of that plant variety 
have been transferred by the applicant or a person  authorized by the applicant for testing or trial 
production in Vietnam to serve the recognition of that plant variety according to regulations. 
Article 15.  Forms of technical test 
Technical tests shall be conducted in any of the following forms: 
a. Technical test conducted by a testing organization or individual designated by the 
Ministry of Agriculture and Rural Development: 
b. Technical test conducted by the application submitter: IP/N/1/VNM/O/3 
 
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  c. Using available technical test results supplied by the application submitter; 
d. Signing a contract with an organization or individual from a UPOV member country to 
conduct technical test or purchase available test results. 
2. The plant variety protection agency shall ba se itself on the registration application and 
practical conditions to select any of the forms of technical tests specified in Clause 1 of this Article. 
3. Technical tests conducted in the Vietnamese territory must comply with the DUS testing 
process promulgated by the Ministry of Agricultur e and Rural Development for the case specified at 
Point b, Clause 1 of this Article. In case such a process has not been promulgated, these tests may 
follow the UPOV testing process. 
4. For cases defined at Point a. Clause 1 of this  Article, if the test results are unsatisfactory 
the application submitter may request the organization  or individual that has conducted the test or 
another designated testing organization or individu al to conduct a second test and shall pay a fee 
as required. A request for a second test must be made in writing, clearly stating the reasons for 
and evidence supporting that request. 
5. If the results of the second test show th at the reasons and evidence furnished by the 
applicant are correct, the fee mentioned in Clause 4 of this Article shall be refunded to the 
application submitter. 
Article 16 . Conditions on designated test ing organizations and individuals 
1. An organization or individual designated to conduct technical tests must meet the 
following conditions: 
a. Having the functions of testing or researching into and creating plant varieties; 
b. Having a location and land area suitable for carrying out testing experiments according 
to testing requirements applicable to the plant species designated for testing: 
c. Having special-use equipment or having signed contracts with other organizations and 
individuals to analyze and assess criteria according to testing requirements applicable to the plant 
species designated for testing; 
d. Having at least 1 technician who possesses a university degree in a specialized major 
and a certificate of training in technical tests or has been directly engaged in technical tests for at 
least 2 years; 
e. Having a collection of sample varieties of widely known plant varieties of the species 
designated for testing. 
2. The Ministry of Agriculture and Rural Development shall guide in detail the conditions on 
organizations and individuals designated to conduct technical tests. 
Article 17,  Conditions on technical tests conducted by application submitters 
1. Application submitters may themselves conduct technical tests of plant varieties 
registered for protection in the Vietnamese territo ry if they fully meet the following conditions: 
a. Having a location and land area suitable for carrying out testing experiments according 
to testing requirements applicable to the plant species to be tested; 
b. Having special-use equipment or having signed contracts with other organizations and 
individuals to analyze and assess criteria according to testing requirements applicable to the plant 
species to be tested; 
c. Having appropriate control varieties to be cu ltivated together with to-be-tested varieties 
in testing experiments; 
d. Having signed contracts with at least 01 technician holding a university degree in a 
specialized major and a certificate of training in technical test or has been directly engaged in 
technical tests for at least 2 years. 
2. The Ministry of Agriculture and Rural Development shall guide in detail conditions for 
application submitters to conduct tests by themselves and the field inspection of testing 
experiments conducted by application submitters. IP/N/1/VNM/O/3 
 
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  Article 18.  Submission of sample varieties 
1. The plant variety protection agency shall request application submitters in cases subject 
to testing specified at Point a. Clause 1, Article 15 of this Decree to submit sample varieties to 
agencies conducting technical tests at leas t twenty (20) days before a crop season. 
2. Application submitters in cases specified at Po ints b. c and d. Clause 1. Article 15 of this 
Decree are not required to submit sample varieties to the agencies conducting technical tests but 
are required to submit them to the sample variet y-keeping agency under Clause 3 of this Article. 
3. Sample varieties of registered varieties mentioned in Clause 2 of this Article shall be 
kept as follows: 
a. Sample varieties in seeds shall be kept at a sample variety-keeping agency designated 
by the Ministry of Agriculture and Rural Development; 
b. Application submitters shall keep sample varieties of asexual plant species by 
themselves and clearly indicate the keeping place in their protection registration applications. 
4. Upon receiving a sample variety, the agency conducting technical tests or the variety-
keeping agency shall check the quality of that sample variety and issue a written certification if it 
satisfies set requirements. If the sample variety fails to satisfy set requirements, the agency 
conducting technical tests or the variety-keeping agency may request the application submitter to 
supply the sample variety again. 
5. Within twenty (20) days after receiving a sample variety, the sample variety-receiving 
agency shall test its quality and notify the latest results to the application submitter. If the sample 
variety is not up to standards set for the testing process, the sample variety-receiving agency shall 
request the application submitters to supply the sample variety again. Within thirty (30) days after 
receiving the request, the application submitter shall supply a sample variety up to standards. 
6. The sample variety-keeping agency shall ensure the safety of sample varieties. When 
properly requested by application submitters, the sample variety-keeping agency shall keep secret 
information on kept sample varieties. 
7. The Ministry of Agriculture and Rural Development shall guide in detail the time limits 
for submission, management and use of sample varieties. 
Article 19.  Appraisal of technical test results 
1. Reports on technical lest results, including plant variety descriptions, shall be made 
according to a set form. 
2. Within forty-five (45) days after the tec hnical test completes, the agency conducting 
technical tests or the application submitters defined at Point b. Clause 1, Article 15 of this Decree 
shall send reports on technical test results to the plant variety protection agency. 
3. The plant variety protection agency shall appraise technical test results under Clause 3, 
Article 178 of the Law on Intellectual Property. Wh en necessary, the Ministry of Agriculture and 
Rural Development shall set up a specialized council to appraise technical test results. The time of 
appraisal must not exceed sixty (60) days after such a specialized council is set up. 
Article 20.  Grant of plant variety protection certificates 
1. The Minister of Agriculture and Rural Development shall decide to grant plant variety 
protection certificates to plant varieties registered for protection which satisfy the conditions 
prescribed in Articles 159. 161 and 162 of the Law on Intellectual Property Law and Clauses 19 
and 20. Article 1 of the Law Amending and Supplem enting a Number of Articles of the Law on 
Intellectual Property. A decision on the grant of a protection certificate must be published in the 
Agriculture and Rural Development Ministry's plant variety magazine within thirty (30) days after 
its signing. 
2. Past the time limit of thirty (30) days after a decision on the grant of a plant variety 
protection certificate is published in the plant variety magazine, if receiving no written objection or 
complaint about the grant of the protection certif icate, the plant variety protection agency shall 
grant a plant variety protection certificate to the application submitter and record it in the national 
register of protected plant varieties. 
3. Within thirty (30) days after a decision  on the grant of a plant variety protection 
certificate is published in the plant variety magazine, if the plant variety protection agency IP/N/1/VNM/O/3 
 
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  receives written objections or complaints about the grant of the plant variety protection certificate, 
it shall handle them under Article 184 of the Law on Intellectual Property. 
4. For a plant variety protection certificate, only one (01) original is granted. 
5. Application submitters shall pay fees and charges for the grant of plant variety 
protection certificates according to regulations. The holder of a protection certificate which is torn, 
damaged or lost or changes hand may apply for re-grant or renewal thereof and shall pay a fee 
according to regulations. 
6. The Ministry of Agriculture and Rural Development shall guide in detail procedures for 
the grant and re-grant of plant variety protection certificates. 
Article 21.  Invalidation and restoration of validity of plant variety protection certificates 
1. In case a plant variety protection certificate is invalidated under Point a. Clause 1, 
Article 170 of the Law on Intellectual Property, the plant variety protection agency shall effect the 
invalidation as follows: 
a. Within thirty (30) days after receiving any third party's written request for invalidation 
of a plant variety protection certificate, the pl ant variety protection agency shall complete the 
verification of information in the written request and notify the plant variety protection certificate 
holder of the verification results. A request for invalidation of a plant variety protection certificate 
must be made in writing and enclosed with evid ence proving that the plant variety no longer 
satisfies the uniformity and stability requirements as it did by time of granting, and a charge for 
the second test must be paid (for cases defined at Point c, Clause 1 of this Article). 
b. Past thirty (30) days after receiving a notice from the plant variety protection agency on 
feedbacks as prescribed at Point a. Clause 1 of this  Article, if the plant variety protection certificate 
holder still fails to file a written objection, the Ministry of Agriculture and Rural Development shall 
issue a decision to invalidate that plant variety prot ection certificate. The time of invalidation is the 
date of signing a decision to invalidate the certif icate and shall be published in the specialized plant 
variety magazine. 
c. If the plant variety protection certificate ho lder files a written objection, the plant variety 
protection agency shall request it/him/her to carry out procedures for a second test as specified at 
Clause 4, Article 15 of this Decree. If the results of the second test conducted by a testing agency 
defined at Point a, Clause 1, Article 15 of this Decree show that the plant variety in question no 
longer satisfies the uniformity or stability requirement as it did by the time the certificate is 
granted, the plant variety protection agency shall carry out invalidation procedures specified at 
Point b of this Clause and refund the testing charge to the party requesting invalidation of the 
protection certificate. 
2. For cases defined at Point a. Clause 1, Article 170 of the Law on Intellectual Property, 
the Ministry of Agriculture and Rural Development sh all, basing itself on the results of the second 
test, decide to restore or not to restore the validity of plant variety protection certificates. 
Article 22.  The national register 
1. Protection plant varieties shall be recorded in the national register. 
2. The plant variety protection agency shall compile and keep the national register of 
protected plant varieties. All information on plant variety protection certificates and their changes 
occurred in the validity durations of plant variety protection certificates shall be recorded in the 
national register of protected plant varieties. 
3. All organizations and individuals may requ est the plant variety protection agency to 
provide information in the national register of protected plant varieties and must pay fees and 
charges according to regulations. 
 
Chapter III 
RIGHTS AND OBLIGATIONS OF PROTECTION CERTIFICATE HOLDERS  
Article 23 . Expansion of rights of plant variety protection certificate holders 
Methods of affecting a protected plant variety (original variety) to create a new plant 
variety with characteristics different from those of the original variety specified at Point 1, IP/N/1/VNM/O/3 
 
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  Clause 23, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on 
Intellectual Property include: transgenesis, back-breeding, selection of natural, artificial or 
somatogenic variants or selection of varied individuals from a population of the original variety. 
Article 24.  Obligations of plant variety protection certificate holders 
According to Clause 1, Article 191 of the Law on Intellectual Property, a protection 
certificate holder has the following obligations: 
1. To pay remuneration to the plant variety breeder by any of the following modes: 
a. Under an agreement between them: 
b. If no agreement is reached, the remunerati on paid to the breeder is 35% of the amount 
indicated in the contract on the assignment or tran sfer of rights to the plant variety, after paying 
all taxes, according to regulations. In case the protection certificate holder uses the protected 
plant variety for production or trading purposes , it/he/she shall pay to the breeder 10% of the 
obtained benefits, except for cases in which the protection certificate holder is the transferee; 
c. For a plant variety selected and bred or discovered and developed with state budget 
funds, the protection certificate holder shall pay remuneration to the breeder according to an 
internal regulation. If the internal regulation contains no provision on payment of remuneration, 
Point b, Clause 1 of this Article shall apply; 
d. For a plant variety selected by co-breeders, the remuneration level specified in Clause 1 
of this Article is the level paid to all co-breeders. Co-breeders shall reach an agreement on the 
sharing of the remuneration amount paid by the protection certificate holder; 
e. The obligations to pay remuneration to plant variety breeders will exist throughout the 
term of protection of the plant varieties, except  cases in which the protection plant varieties are 
transferred. 
2. To pay a fee for maintaining the validity of the plant variety protection certificate to the 
plant variety protection agency within three (3) months after the grant of the protection 
certificate, for the first year of validity, or within  the first month of the subsequent year of validity. 
3. To preserve the protected plant variety and supply information, documents and 
reproductive materials of the protected plant variety at the request of the plant variety protection 
agency; and to maintain the stability of the protected plant variety according to its characteristics 
described at the time of granting the plant variety protection certificate. 
 
Chapter IV 
LICENSING AND ASSIGNMENT OF RIGH TS TO PROTECTED PLANT VARIETIES 
Article 25.  Contents of contracts on the licensing or assignment of rights to protected 
plant varieties 
1. A contract on the licensing of a protected plant variety has the following details: 
a. Full names and addresses of the licensor and licensee; 
b. Licensing grounds; 
c. The licensing scope, covering limitations on use rights and territorial limitations; 
d. The licensing duration; 
e. The licensing price; 
f. Rights and obligations of the licensor and licensee; 
g. Liabilities for breaches of the contract. 
2. A contract on the assignment of rights to a protected plant variety has the following 
details: 
a. Full names and addresses of the assigner and the assignee: 
b. Grounds for the assignment; 
c. Contents of the assignment of rights to the plant variety; IP/N/1/VNM/O/3 
 
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  d. The assignment price and mode of payment: 
e. Rights and obligations of the assignor and assignee; 
f. Liabilities for breaches of the contract. 
Article 26.  Assignment of rights to protected plant varieties 
1. After finalizing a contract on the assignment of rights to a plant variety in accordance 
with law, the assignor shall submit a dossier of registration for the assignment contract to the 
plant variety protection agency and pay a fee according to regulations. 
2. A dossier of registration for a contract on the assignment of rights to a plant variety 
comprises: 
a. Two registration declaration forms, made according to a set form; 
b. Two original or lawful copies of the contract. Contracts must be made in Vietnamese or 
translated into Vietnamese, bearing the signatures of involved parties on each page or a seal on 
every two adjoining pages; 
c. The original or a lawful copy of the protection certificate; 
d. The written consent of co-owners, for plant varieties under joint ownership: 
e. Charge and fee payment documents; 
f. For plant varieties created with state budget funds, documents evidencing the 
compliance with Clause 1, Article 27 of this Decree are required. 
3. The plant variety protection agency shall ex amine the registration dossier within thirty 
(30) days after the receiving the application in order to determine its validity. 
4. In case the registration dossier is valid and flawless, the Minister of Agriculture and 
Rural Development shall decide to re-grant a plant variety protection certificate, recognizing the 
assignee as a new owner, record the assignment of the ownership rights to the plant variety 
protection certificate in the national register of protected plant varieties and publish such 
assignment in the specialized plant variety magazine; 
5. In case the registration dossier is invalid or flawed, the plant variety protection agency 
shall notify in writing these flaws to the dossier submitter and set a time limit of thirty (30) days 
from the date of signing this notice for the dossier  submitter to correct these flaws. Past this time 
limit, if the dossier submitter fails to correct these flaws, the examination of the registration 
dossier shall terminate. 
Article 27 . Licensing or assignment of rights to plant varieties created and bred or 
discovered and developed with state budget funds 
1. The assignment of rights to a plant variety created or discovered and developed with 
state budget funds complies with the Law on Technology Transfer and guiding documents. 
2. The management and use of after-tax proceeds from the licensing or assignment of 
rights to plant varieties created and bred or discovered and developed with state budget funds 
comply with following regulations: 
a. Protection certificate holders shall specify and publicize the level of remuneration paid to 
breeders of plant varieties in internal regulations; in case no internal regulation has been 
promulgated. Point b, Clause 1, Article 24 of this Decree shall be applied; a half of the remainder 
will be invested in scientific research and technological development while the other half will be 
deposited in welfare and reward funds of the unit or section directly creating protection plant 
varieties; 
b. For plant varieties created or discovered and developed with different capital sources, 
including state budget funds, the management and use of the proceeds corresponding to the state 
capital portion comply with Point a. Clause 2 of this Article. 
Article 28.  Competence to decide on the compulsory licensing of rights to use plant 
varieties 
1. The Ministry of Agriculture and Rural De velopment shall decide on the compulsory 
licensing of protected plant varieties of agricultural, forest and aquatic species. IP/N/1/VNM/O/3 
 
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  2. The Ministry of Agriculture and Rural Deve lopment shall assume the prime responsibility 
for, and coordinate with the Ministry of Health in. deciding on the compulsory licensing of 
protected plant varieties used for medicinal purposes. 
Article 29 . Cases of compulsory licensing of protected plant varieties to meet urgent 
social needs 
1. Compulsory licensing of protected plant varieties to meet urgent social needs prescribed 
at Point a, Clause 1, Article 195 of the Law on In tellectual Property applies to cases of dealing with 
emergency circumstances such as natural disaster, epidemic, war and widespread environmental 
pollution. 
2. The Ministry of Agriculture and Rural Development shall publicly announce the needs for 
plant varieties, denominations of plant varieties,  use purposes and quantity of varieties needed, 
licensing scope and duration and time limit for submission of registration dossiers. 
Article 30.  Principles of determining compensation levels for compulsory licensing of 
protected plant varieties 
The compensation level for a compulsory licensing shall be determined on the following 
principles: 
1. The agreement between the licensor and licensee; 
2. In case no agreement is reached, the compensation level shall be determined based on: 
a. The value of the latest contract for licensing of the same variety to another subject, 
corresponding to the licensing duration and the quantity of the compulsorily licensed variety: 
b. The profit generated by the holder of plant variety protection certificate from the use of 
that plant variety, corresponding to the quantity of the licensed variety and the licensing duration: 
c. In case neither of the grounds specified at Points a, and b, of this Clause is available, 
the compensation level shall be determined base d on actual expenses for creating that plant 
variety. 
3. The Ministry of Agriculture and Rural De velopment shall request an organization or 
assume the prime responsibility for and coordinate with concerned ministries and branches in. 
setting up councils to evaluate compensation levels for cases defined in Clause 2 of this Article on 
a case-by-case basis. 
Article 31.  Procedures for compulsory licensing of protected plant varieties under 
decisions 
1. Organizations and individuals that wish to use plant varieties shall file their dossiers of 
registration for compulsory licensing of plant varieties under decisions as specified at Point a. 
Clause 1, Article 195 of the Law on Intellectual Prop erty. Organizations and individuals that fail to 
reach agreement on the licensing of plant varieties or meet with obstacles in competition may file 
dossiers of registration for compulsory licensing of  plant varieties under Points b and c, Clause 1, 
Article 195 of the Law on Intellectual Property. 
2. A dossier for licensing of a plant variety comprises: 
a. Two written requests for compulsory licensing of a plant variety, made according to a 
set form, clearly stating the scope and duration of the compulsory licensing; 
b. The certificate of registration for plant variety production and trading; 
c. Requests evidencing the licensee's financial capability to pay compensation to the 
licensor according to regulations; 
d. Documents evidencing the request for compulsory licensing of the plant variety are 
supported by sound grounds as prescribed by law. for cases defined at Points b and c. Clause 1, 
Article 195 of the Law on Intellectual Property; 
e. A power of attorney, for cases of filing dossiers through a representative; 
f. Fee receipts. 
3. The order of and procedures for compulsory  licensing of a protected plant variety under 
Point a. Clause 1. Article 195 of the Law on Intellectual Property: IP/N/1/VNM/O/3 
 
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  a. The plant variety protection agency shall re ceive a dossier specified in Clause 2 of this 
Article; 
b. Within fifteen (15) days after receiving th e dossier, the Ministry of Agriculture and Rural 
Development shall issue a decision on compulsory licensing of the plant variety and notify its 
decision to the licensor and licensee for compliance. 
4. The order of and procedures for compulsory  licensing of a protected plant variety under 
Point b or c, Clause 1, Article 195 of the Law on Intellectual Property: 
a. The plant variety protection agency shall re ceive a dossier specified in Clause 2 of this 
Article; 
b. Within fifteen (15) days after receiving th e dossier, the Ministry of Agriculture and Rural 
Development shall notify the holder of the exclusiv e rights to use the plant variety of the request 
for compulsory licensing of that plant variety; 
c. Within 30 (thirty) days after the date of issuance of the notice, the holder of the 
exclusive rights to use the plant variety shall make a written reply; 
d. In case the holder of monopolistic rights to use the plant variety rejects the compulsory 
licensing request, within 15 (fifteen) days, the Ministry of Agriculture and Rural Development shall 
issue a written reply to the requestor; 
e. The Ministry of Agriculture and Rural Development shall issue a decision on compulsory 
licensing of the plant variety if the request for compulsory licensing is conformable with regulations 
and shall notify its decision to the licensor and licensee for compliance; 
f. If the request for compulsory licensing of a plant variety is not supported by sound 
grounds as specified at Point b and c, Clause 1, Article 195 of the Law on Intellectual Property, it 
shall issue a written reply clearly stating the reason for refusal. 
Article 32 . Modification, invalidation and cancellation of decisions on compulsory licensing 
of protected plant varieties 
1. According to Clause 2. Article 197 of the Law on Intellectual Property, holders of the 
exclusive rights to use plant varieties may request competent agencies defined in Article 29 of this 
Decree to modify, invalidate or cancel decisions on compulsory licensing of protected plant 
varieties and shall pay charges and fees according to regulations. 
2. A decision on compulsory licensing of a plant variety may be: 
a. Modified upon changes in the conditions that lead to its issuance; 
b. Invalidated when the conditions that lead to its issuance no longer exist; 
c. Cancelled when there are grounds to prove that it has been issued in contravention of 
law. 
3. A dossier of request for modification, invalidation or cancellation of a decision on 
compulsory licensing of a protected plant variety comprises the following documents: 
a. A written request for modification of the licensing price, the quantity of plant varieties to 
be licensed, licensing scope and time; or request for invalidation or cancellation of a decision on 
compulsory licensing of a protected plant variety; 
b. Documents evidencing that the modification, invalidation or cancellation of the 
compulsory licensing decision is based on grounds specified in Clause 2 of this Article without 
causing any harm to the licensee; 
c. A power of attorney, for requests filed via representatives; 
d. Fee receipts. 
4. Responsibilities of state agencies compet ent to decide on compulsory licensing of 
protected plant varieties: 
a. To receive dossiers specified in Clause 3 of this Article; 
b. Within fifteen (15) days after receiving a valid dossier, to examine and issue a decision 
to modify, invalidate or cancel the decision on compulsory licensing of a plant variety: IP/N/1/VNM/O/3 
 
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  c. In case the request for modification, invalidation or cancellation of a decision on 
compulsory licensing of a plant variety is not supported with sound grounds as specified in 
Article 195 of the Law on Intellectual Property, to issue a written reply clearly the reason for the 
refusal; 
d. To notify its decision to the licensor and licensee for compliance. 
 
Chapter V 
REPRESENTATION OF RIGH TS TO PLANT VARIETIES 
Article 33.  Rights-to-plant varieties representation services 
Rights-to-plant varieties representation services include: 
1. Representing organizations and individuals before competent state agencies with regard 
to the establishment and exercise of rights to plant varieties: 
2. Providing consultancy on matters related to procedures for establishing and exercising 
rights to plant varieties: 
3. Other services related to procedures for establishing and exercising rights to plant 
varieties. 
Article 34.  Scope of rights of representatives of rights to plant varieties 
1. Rights-to-plant varieties representative service providers shall provide services within 
the scope of authorization and may re-authorize other rights-to-plant varieties representative 
service providers to exercise these rights, if  so agreed in writing by the authorizer. 
2. Rights-to-plant varieties representative service providers may give up activities of 
representing rights to plant varieties if they have lawfully transferred incomplete representation 
activities to other rights-to-plant varieties representative service providers. 
3. A rights-to-plant varieties representative is forbidden from taking the following actions: 
a. Acting as the representative concurrently for disputing parties to rights to a plant 
variety; 
b. Withdrawing the application for a protection  certificate, announcing the abandonment of 
the protection or withdrawing a complaint about the establishment of rights to plant varieties 
without permission of the authorizer; 
c. Cheating or forcing clients in the signing and performance of contracts on rights-to-plant 
varieties representation services: 
d. Using or disclosing information concerning protection registration applications not yet 
published by the plant variety protection agency. 
Article 35.  Responsibilities of representatives of rights to plant varieties 
1. Rights-to-plant varieties representatives shall: 
a. Notify the authorizer of charges and fees  related to procedures for establishing and 
exercising rights to plant varieties: and repres entative service charges according to the charge 
tariff registered with the plant variety protection agency; 
b. Keep secret information and documents related to cases in which they act as 
representatives; 
c. Provide truthful and accurate informat ion regarding notices and requirements of 
competent state agencies for the establishment and ex ercise of rights to plant varieties; promptly 
hand over protection certificates and other decisions to their clients; 
d. Protect the lawful rights and interests of the represented party by timely responding to 
requirements of competent state agencies regardin g the establishment and exercise of rights to 
plant varieties; 
e. Notify state management agencies competent to establish and exercise rights to plant 
varieties of all changes in names and addresses of and other information on the represented party 
and the names, addresses and representative of the representing party. IP/N/1/VNM/O/3 
 
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  2. Rights-to-plant varieties representative service providers shall take civil liability for 
persons performing rights-to-plant varieties representation services under their names. 
3. Rights-to-plant varieties representative se rvice providers and individuals registering for 
rights-to-plant variety representative service practice shall pay fees and charges according to 
regulations. 
Article 36.  Conditions for issuance of rights-to-plant varieties representative service 
practice certificates 
1. The Ministry of Agriculture and Rural Deve lopment shall issue rights-to-plant varieties 
representative service practice certificates to individuals satisfying all conditions prescribed at 
Point 5, Clause 21, Article 1 of the Law Amending  and Supplementing a Number of Articles of the 
Law on Intellectual Property. 
2. Individuals shall be considered having completed a training course on the law on rights 
to plant varieties, they have a university or postgraduate dissertation or thesis in plant varieties. 
3. The Ministry of Agriculture and Rural Develo pment shall specify programs of training on 
the law on rights to plant varieties and the examinat ion on the profession of representing rights to 
plant varieties. 
Article 37.  Accreditation and expunction of rights-to-plant varieties representative service 
providers 
1. Organizations and individuals that satisf y conditions for providing rights-to-plant 
varieties representation services specified at Poin ts 2, 3, 4 and 5, Clause 21 Article 21 of the Law 
on Amending and .Supplementing a Number of Articl es of the Law on Intellectual Property shall be 
accredited in the national register of rights-to- plant varieties representatives and published in the 
specialized plant variety magazine. 
2. Rights-to-plant varieties representative se rvice providers shall be expunged from the 
national register of rights-to-plant varieties repr esentatives and published in the specialized plant 
variety magazine in the following cases: 
a. They give up rights-to-plant varieties representation services; 
b. They no longer satisfy conditions prescribed at Points 2, 3, 4 and 5, Clause 21, Article 1 
of the Law Amending and Supplementing a Number of  Articles of the Law on Intellectual Property; 
c. They seriously violate provisions of Clause  3, Article 34 and Article 35 of this Decree: 
d. They commit serious mistakes when provid ing rights-to-plant varieties representation 
services, causing harms to the interests of the State and society; 
e. They abuse the capacity of rights-to-plant varieties representatives to carry out 
activities outside the scope of rights-to-plant varieties representation services defined in Clause 1, 
Article 34 of this Decree. 
3. A rights-to-plant varieties representative service provider that has been expunged from 
the national register of rights-to-plant varieties representative may be considered for re-
accreditation only after 3 years from the date of expunction. 
4. The Ministry of Agriculture and Rural De velopment shall guide the accreditation, re-
accreditation, and expunction of rights-to-plant varieties representative service providers. 
Article 38.  Grant and withdrawal of rights-to-plant varieties representative service 
practice certificates 
1. Rights-to-plant varieties representative service practice certificates shall be granted to 
individuals who satisfy all conditions prescribed at Point 5, Clause 21. Article 1 of the Law 
Amending and Supplementing a Number of Articles  of the Law on Intellectual Property at the 
request of these individuals after they have pa id charges and fees according to regulations. 
2. A person with a rights-to-plant varieties representative service practice certificate may 
have his/her certificate withdrawn in the following cases: 
a. He/she gives up the profession of rights-to-plant varieties representation; 
b. He/she no longer satisfies the conditions prescribed at Point 5 Clause 21 Article 1 of the 
Law Amending and Supplementing a Number of Ar ticles of the Law on Intellectual Property; IP/N/1/VNM/O/3 
 
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  c. He/she commits a serious violation of Clause 3 Article 34 or Article 35 of this Decree; 
d. He/she makes serious mistakes while providing rights-to-plant varieties representation 
services, causing harms to the interests of the State and society; 
e. He/she abuses the capacity of rights-to- plant varieties representatives to carry out 
activities outside the scope of rights-to-plant varieties representation services defined in Clause 1 
Article 34 of this Decree. 
3. The re-grant of a rights-to-plant varieties re presentative service practice certificate to a 
person whose certificate has-been withdrawn shall be considered only after three (3) years from 
the date of withdrawal. 
4. The Ministry of Agriculture and Rural Deve lopment shall guide the grant and withdrawal 
of rights-to-plant varieties representative practice certificates. 
 
Chapter VI 
IMPLEMENTATION PROVISIONS 
Article 39.  Transitional provisions 
1. Applications for plant variety protection registration filed with the plant variety 
protection agency before the effective date of this Decree shall be processed under relevant legal 
documents on protection of plant variet ies effective at the time of filing. 
2. Applications for plant variety protection registration filed from the effective date of this 
Decree comply with this Decree. 
Article 40.  Effect 
This Decree takes effect on October 1, 2010, and replaces the Government's Decree 
No. 104/2006/ND-CP of June 22, 2006, detailin g and guiding a number of articles of the Law on 
Intellectual Property regarding plant varieties. 
Article 41.  Implementation provisions 
Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and 
chairpersons of provincial-level People's  Committees shall implement this Decree. 
  
  ON BEHALF OF THE GOVERNMENT 
PRIME MINISTER 
 
(signed and sealed) 
 
 
Nguyen Tan Dung 
  
 
__________