Circular 26/2019/TT-BNNPTNT storage of plant variety samples; field inspection and sampling of plant propagation materials; state inspection of the quality of imported plant varieties

CIRCULAR

Prescribing the storage of plant variety samples; field inspection and sampling of plant propagation materials; state inspection of the quality of imported plant varieties

Pursuant to the Government’s Decree No. 15/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Crop Production dated November 19, 2018;

At the proposal of the Director General of the Department of Crop Production;

The Minister of Agriculture and Rural Development hereby promulgates the Circular prescribing the storage of plant variety samples; field inspection and sampling of plant propagation materials; and state inspection of the quality of imported plant varieties.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the storage of plant variety samples upon registration for the issuance of Decisions on Recognition of Circulation or registration for the issuance of Decisions on Exceptional Recognition of Circulation of plant varieties; field inspection and sampling of plant propagation materials; and state inspection of the quality of imported plant propagation materials.

Article 2. Subjects of application

This Circular applies to domestic and foreign organizations and individuals engaged in activities related to the contents prescribed in Article 1 of this Circular.

Chapter II

STORAGE OF PLANT VARIETY SAMPLES

Article 3. Storage of samples of sexually reproduced plant varieties

1. Prior to conducting testing for registration of recognition of circulation or registration of exceptional recognition of circulation of a plant variety, organizations or individuals shall submit storage samples, technical declaration of the plant variety sample as prescribed in Appendix I, and the mass of the storage sample as prescribed in Appendix II issued together with this Circular, to the recognized organization for testing distinctness, uniformity, and stability (hereinafter referred to as the sample storage organization).

2. Upon receipt of the storage sample, the sample storage organization shall establish a Minutes of delivery and receipt of the storage sample according to the form prescribed in Appendix III issued together with this Circular; inspect the quality in accordance with the National Technical Regulation on seed quality within 20 working days from the date of receipt of the variety sample; and send information regarding the variety name, the organization or individual owning the storage sample, and the sample storage organization to the Department of Crop Production for posting on the Department's portal once the variety meets quality standards. In cases where the quality of the variety sample fails to meet standards, the organization or individual owning the variety shall be requested to resubmit the variety sample.

3. Annually, the sample storage organization shall inspect the quality of storage samples. The sample storage organization shall request the organization or individual owning the variety to submit additional seed samples in cases where the quality is not guaranteed in accordance with the National Technical Regulation on seed quality, or where the remaining mass of the storage sample is below 50% as prescribed in Appendix II issued together with this Circular. The additionally submitted seed samples must ensure quality in accordance with the National Technical Regulation on seed quality and trueness to variety.

Article 4. Storage of samples of asexually reproduced plant varieties

1. Samples of asexually reproduced plant varieties shall be stored at the premises of organizations or individuals owning the varieties registered for recognition of circulation or registered for exceptional recognition of circulation.

2. The minimum quantity of plants for the storage sample shall be in accordance with the National Standards (TCVN) on testing for distinctness, uniformity, and stability of plant varieties.

Article 5. Termination of plant variety sample storage

1. The storage of plant variety samples shall be terminated in the following cases:

a) A Decision on Recognition of Circulation of the plant variety is not granted; or the Decision on Recognition of Circulation of the plant variety or the Decision on Exceptional Recognition of Circulation of the plant variety is cancelled;

b) The organization or individual owning the variety fails to submit additional storage samples within a maximum period of 06 months from the date of request by the sample storage organization.

2. The Department of Crop Production shall announce the termination of sample storage on the Department's portal.

Chapter III

FIELD INSPECTION; SAMPLING OF PLANT PROPAGATION MATERIALS

Article 6. Training on field inspection and sampling of plant propagation materials

1. Field inspectors and samplers of plant propagation materials shall be trained and granted a Certificate of training on field inspection and sampling of plant propagation materials (hereinafter referred to as the Certificate).

2. The content of training on field inspection and sampling of plant propagation materials comprises: legal regulations on plant variety quality management; methods of field inspection and methods of sampling of plant propagation materials in accordance with National Standards (TCVN); and practice of field inspection and sampling of plant propagation materials.

3. The Department of Crop Production shall develop and promulgate framework materials on training for field inspection and sampling of plant propagation materials; and coordinate with organizations having the function of providing training on field inspection and sampling of plant propagation materials to organize training courses.

4. Organizations having the function of providing training on field inspection and sampling of plant propagation materials shall, based on the framework materials promulgated by the Department of Crop Production, develop detailed materials and organize training on field inspection and sampling of plant propagation materials; grant Certificates according to the form prescribed in Appendix IV issued together with this Circular; and report the list of persons granted Certificates to the Department of Crop Production within 03 working days from the date of issuance of the Certificates.

Chapter IV

STATE INSPECTION OF THE QUALITY OF IMPORTED PLANT VARIETIES

Article 7. Objects of inspection

Imported plant varieties belonging to major crop species under the List of Group 2 products and goods promulgated by the Minister of Agriculture and Rural Development for the purposes of production and trading, except for cases prescribed at Points a, b, c, and d, Clause 3, Article 29 of the Law on Crop Production.

Article 8. Regulations on state inspection of the quality of imported plant varieties

1. State inspection of the quality of imported plant varieties shall be carried out through the assessment of conformity certification of the imported seed lot performed by a conformity certification organization designated by the Department of Crop Production.

2. Organizations and individuals importing plant varieties shall register for conformity certification with a conformity certification organization designated by the Department of Crop Production; and submit the Certificate of conformity of the imported seed lot to the customs authority to be permitted for customs clearance of goods.

Article 9. Handling of imported seed lots failing to meet quality standards

In cases where an imported seed lot fails to meet the National Technical Regulation, the conformity certification organization shall report and propose handling measures to the Department of Crop Production. Depending on the nature and severity of the violation, the Department of Crop Production shall decide to compel re-export, destruction, or recycling of the imported seed lot, and simultaneously notify the customs authority for coordination in handling and the importer for implementation.

Chapter V

IMPLEMENTATION ORGANIZATION

Article 10. Responsibilities of the Department of Crop Production

1. To organize the implementation of this Circular nationwide. To manage activities regarding the storage of plant variety samples; field inspection and sampling of plant propagation materials; and state inspection of the quality of imported plant varieties.

2. To post on the portal of the Department of Crop Production information on variety storage samples as prescribed in Clause 2, Article 3; Clause 2, Article 5; and the list of persons granted Certificates as prescribed in Clause 4, Article 6 of this Circular.

3. To promulgate framework materials on training for field inspection and sampling of plant propagation materials.

4. To organize inspections, checking, and settlement of complaints and denunciations related to the storage of plant variety samples, sampling of plant propagation materials, field inspection, and state inspection of the quality of imported plant varieties in accordance with the provisions of law.

Article 11. Responsibilities of the Department of Agriculture and Rural Development

1. To organize the implementation of this Circular within their localities. To carry out inspections, check, and supervision of the self-storage of samples by organizations and individuals; and coordinate in handling imported plant varieties failing to meet quality requirements within their localities.

2. To preside over and coordinate with sample storage organizations to finalize the variety description in accordance with National Standards (TCVN) on testing for distinctness, uniformity, and stability regarding plant varieties granted exceptional recognition of circulation.

Article 12. Responsibilities of relevant organizations and individuals

1. Organizations and individuals storing samples shall have the responsibility to:

a) Store plant variety samples in accordance with the provisions of this Circular;

b) Provide variety samples to state management agencies for the purpose of carrying out inspection, check, and settlement of disputes regarding plant varieties; ensure uniformity between the storage sample and the variety sample provided to the state management agency;

c) Coordinate with the Department of Agriculture and Rural Development where the variety granted exceptional recognition of circulation is located to finalize the variety description in accordance with National Standards (TCVN) on testing for distinctness, uniformity, and stability.

2. Organizations and individuals owning storage samples shall have the responsibility to provide variety samples to sample storage organizations and organizations testing for value of cultivation and use, ensuring uniformity with the storage sample.

3. Organizations and individuals importing plant varieties shall have the responsibility to:

a) Provide the customs declaration and certificate of origin of the seed lot to the conformity certification organization; coordinate with the conformity assessment organization to carry out sampling and conformity certification of the imported seed lot;

b) Implement the handling decision of the Department of Crop Production regarding imported seed lots failing to meet quality standards.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 13. Transitional provisions

Training certificates on field inspection and sampling of plant varieties granted before the effective date of this Circular shall be equivalent to the Certificates of training on field inspection and sampling of plant propagation materials in accordance with this Circular.

Article 14. Effect

1. This Circular takes effect from December 10, 2020.

2. This Circular annuls the regulations of the following documents:

a) Regulations on field inspectors and samplers of plant varieties specified in Clause 4, Clause 8, Clause 11, Clause 16, and Clause 17, Article 5 of the Minister of Agriculture and Rural Development’s Circular No. 17/2011/TT-BNNPTNT dated April 6, 2011, amending, supplementing, and abolishing a number of regulations on administrative procedures in the field of crop production under the Government's Resolution No. 57/NQ-CP dated December 15, 2010.

b) Regulations stating that “A certificate of plant variety import conformity or the assessment results, as issued by the designated assessment organization, is the groundwork of customs authorities’ clearance of the variety imports” at Point a, Clause 1, Article 4 and Point b, Clause 2, Article 7 of the Minister of Agriculture and Rural Development’s Circular No. 46/2015/TT-BNNPTNT dated December 15, 2015, on certification and announcement of conformity for plant varieties.

3. In the process of implementation, if any difficulties arise, organizations and individuals shall timely report to the Ministry of Agriculture and Rural Development for consideration and resolution./.