Pursuant to Clause 2, Art. 13 of Law on Crop production: “Plant varieties not belonging to the main plant species may be produced, traded, exported or imported only if breeding organizations or individuals are granted permission for self-declaration of circulation of plant varieties as provided for in Article 17 hereof, except in the case where plant varieties are intended for research, trial, advertisement, exhibition, international exchange or production of hybrid seeds for export.”
According to Article 1 of Circular No. 17/2019/TT-BNNPTNT dated November 15, 2019, of the Ministry of Agriculture and Rural Development, effective from January 1, 2020, Promulgating the List of main plant species, the list of main crops only includes Rice, maize, coffee, oranges, pomelos, and bananas. Therefore, units that select, cross-breed or discover new plant varieties, except those on the list of main plants, can carry out procedures for self-declaration of circulation of plant varieties.
Legal basis
- Law on Crop production
- Decree 94/2019/ND-CP – Guidelines for some articles of the law on crop production regarding plant varieties and crop cultivation
- Circular No. 17/2019/TT-BNNPTNT promulgating the list of main plant species
Conditions
- Having the name of the plant variety;
- Having the value of cultivation, use-value meeting the national standards for plant species self-declared for circulation; in case there is no national standard, the basic standard shall apply;
- Having information on plant varieties and production processes compiled by organizations or individuals self-declaring circulation of plant varieties.
- There is a publication of information on plant varieties according to Form No. 02.CN Appendix II issued together with Decree No. 94/2019/ND-CP dated December 13, 2019.
The procedures
Step 1: Organizations and individuals send dossiers to the Department of Crop Production.
Step 2: Answer for completeness of profile component
- In case of direct submission of dossiers: The administrative procedure-settling agency checks the dossier composition and responds immediately when the organization or individual submits the dossier.
- In case the application is submitted via postal service or the online environment: Within 03 working days from the date of receipt of the application, the agency handling administrative procedures shall consider the completeness, if If the dossier is incomplete as prescribed, the agency handling administrative procedures shall notify the organization or individual for supplementation.
Step 3: Post on the portal.
- In case the application is complete as prescribed: Within 05 working days from the date of receipt of a complete and valid dossier from an organization or individual that self-declares circulation of a plant variety, the Department of Crop Production shall post it on the website. electronic information of the Department of Horticulture.
- In case the dossier is incomplete as prescribed: The Department of Crop Production shall notify in writing the organization or individual and clearly state the reason.
The dossier
- The self-declaration of circulation of the plant varies according to Appendix IV issued together with Decree No. 94/2019/ND-CP dated December 13, 2019.
- Cultivation process of the variety compiled by the organization or individual self-declaring circulation of the plant variety.
- Announcement of information on plant varieties according to Form No. 02.CN, Appendix II issued together with Decree No. 94/2019/ND-CP dated December 13, 2019.
The competent authority
Department of Crop Production – Ministry of Agriculture and Rural Development
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