Decree No. 103/2020/ND-CP certification of fragrant rice varieties exported to the European Union

DECREE

On certification of fragrant rice varieties exported to the European Union^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the April 9, 2016 Law on Treaties;

Pursuant to the National Assembly’s Resolution No. 102/2020/QH14 of June 8, 2020, ratifying the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA);

In implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union, which took effect on August 1, 2020;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree on certification of fragrant rice varieties exported to the European Union.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the certification of fragrant rice varieties on the list specified at Point 8, Sub-section 1, Section B, Annex 2-A to the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA), which are eligible for quota-based import duty exemption when being exported to the European Union (EU).

Article 2. Subjects of application

This Decree applies to organizations and individuals engaged in activities specified in Article 1 of this Decree.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Fragrant rice means a rice variety on the list specified at Point 8, Sub-section 1, Section B, Annex 2-A to the EVFTA, as provided in Appendix I to this Decree. The list of exported fragrant rice varieties may be modified or supplemented under the EVFTA Trade Committee’s decisions.

2. Fragrant rice field plot means a given area of one or more than one adjacent field parcel on which the same rice variety is cultivated at the same time.

Chapter II

CERTIFICATION OF FRAGRANT RICE VARIETIES

Article 4. Conditions for fragrant rice varieties to be certified

1. Fragrant rice must be produced from fragrant rice varieties having seed quality conformable to relevant national technical regulations; and having clear information about cultivation areas and locations (villages, wards/communes, urban districts/rural districts/towns, provinces/cities).

2. The fragrant rice field plots must undergo inspection to make sure that the varietal purity (percentage of rice plants) is at least 95%.

Article 5. Inspection of fragrant rice field plots

1. A fragrant rice field plot must undergo an inspection within 20 days before the date of harvest and have an inspection record made according to the form provided in Appendix II to this Decree.

2. The method of inspection of the varietal purity of a fragrant rice field plot is provided in Appendix III to this Decree. A code shall be given to every fragrant rice field plot subject to inspection in accordance with Appendix IV to this Decree.

3. Plant variety testing organizations recognized under Article 21 of the Law on Crop Production and Article 7 of the Government’s Decree No. 94/2019/ND-CP of December 13, 2019, detailing a number of articles of the Law on Crop Production regarding plant varieties and cultivation, shall carry out inspection of fragrant rice field plots.

Article 6. Competence to certify, re-certify and invalidate authenticity certificates of fragrant rice

The Ministry of Agriculture and Rural Development’s Department of Crop Production has the competence to certify, re-certify and invalidate authenticity certificates of fragrant rice.

Article 7. Certification of fragrant rice varieties

1. A dossier of request for certification of a fragrant rice variety must comprise:

a/ A written request for certification of a fragrant rice variety, made according to the form provided in Appendix V to this Decree;

b/ A certificate of fragrant rice variety fully filled in with information specified in sections 1 thru 9 of the form provided in Appendix VI to this Decree;

c/ An original or a certified copy of the fragrant rice field plot inspection record, made according to the form provided in Appendix II to this Decree;

d/ A written agreement on transfer of the fragrant rice field plot inspection record in case the requester’s name is not stated in the record.

2. Implementation procedures:

a/ A requester shall submit 1 dossier directly, by post or via the electronic network to the Department of Crop Production.

In case of direct or by-post submission of the dossier, the Department of Crop Production shall check the dossier’s documents and immediately notify the requester of whether the dossier is complete or not.

In case of submission of the dossier via the electronic network, the dossier’s documents shall be declared and must bear digital signatures provided in electronic forms under Clauses 1 and 2, Article 9 of the Government’s Decree No. 45/2020/ND-CP of April 8, 2020, on performance of administrative procedures via the electronic network. Within 1 working day from the date of dossier receipt, the Department of Crop Production shall examine its completeness, and notify in writing the requester in case the dossier is incomplete;

b/ Within 5 working days after receiving a complete dossier, the Department of Crop Production shall appraise it and issue an authenticity certificate of fragrant rice, made according to the form provided in Appendix VI to this Decree. In case of refusal of issuance, it shall reply in writing and clearly state the reason.

Article 8. Re-issuance of authenticity certificates of fragrant rice

1. An organization or individual may have its/his/her authenticity certificate of fragrant rice re-issued if the original certificate is lost or damaged or there is a change in information relating to such certificate.

2. A dossier must comprise:

a/ A written request for re-issuance of an authenticity certificate of fragrant rice, made according to the form provided in Appendix V to this Decree;

b/ A specimen authenticity certificate of fragrant rice (re-issued) fully filled in with information specified from sections 1 thru 9 in the form provided in Appendix VII to this Decree;

c/ A document proving the change in case of a change in information related to the original certificate;

d/ The original authenticity certificate in case of damage or information modification.

3. Implementation procedures:

a/ The requester shall submit 1 dossier directly, by post or via the electronic network to the Department of Crop Production.

In case of direct or by-post submission of the dossier, the Department of Crop Production shall examine the dossier’s documents and immediately notify the applicant of whether the dossier is complete or not.

In case of submission of the dossier via the electronic network, the dossier’s documents shall be declared and must bear digital signatures provided in electronic forms under Clauses 1 and 2, Article 9 of the Government’s Decree No. 45/2020/ND-CP of April 8, 2020, on performance of administrative procedures in the electronic network. Within 1 working day after receiving the dossier, the Department of Crop Production shall examine its completeness; and notify the requester in writing in case the dossier is incomplete;

b/ Within 3 working days after receiving a complete dossier, the Department of Crop Production shall appraise it and re-issue an authenticity certificate of fragrant rice, made according to the form provided in Appendix VII to this Decree. In case of refusal of re-issuance, it shall reply in writing and clearly state the reason.

Article 9. Invalidation of authenticity certificates of fragrant rice

1. An authenticity certificate of fragrant rice shall be invalidated in case the dossier of request for fragrant rice variety certification is detected containing untruthful information.

2. Invalidation procedures:

a/ Within 3 working days after receiving information about untruthful information in a dossier of request for fragrant rice variety certification, the Department of Crop Production shall verify it and notify invalidation of the issued authenticity certificate of fragrant rice when having sufficient evidences;

b/ Information about invalidated certificates shall be published on the Department of Crop Production’s portal.

Article 10. Responsibilities of applicants for fragrant rice variety certification

1. To take responsibility before law for the accuracy and truthfulness of declared information and submitted dossiers; and for the varietal purity as mentioned in Article 4 of this Decree during the harvesting, drying, preliminary processing, storage, milling, processing and packaging processes.

2. To appoint persons to coordinate with responsible persons in carrying out inspection under Article 5 of this Decree; to provide sufficient related dossiers, information and documents during the verification of fragrant rice varieties; to submit to inspection and examination by competent authorities.

3. To physically or electronically archive documents on fragrant rice variety certification for at least 5 years from the date of certification by the Department of Crop Production.

4. In case fragrant rice producers other than applicants for fragrant rice variety certification require rice field inspection, to comply with Clause 2 of this Article.

Article 11. Responsibilities of plant variety testing organizations

1. To carry out inspection of fragrant rice field plots and be responsible for inspection results in accordance with this Decree.

2. To submit to inspection and examination; to provide documents concerning inspection of fragrant rice field plots at the request of competent authorities.

3. To send regular reports before December 20 every year or irregular reports on results of inspection of fragrant rice field plots upon request, made according to the form provided in Appendix VIII to this Decree, to the Department of Crop Production.

Article 12. Responsibilities of the Department of Crop Production

1. To guide organizations and individuals to carry out procedures for fragrant rice variety certification upon request; to comply with the process of fragrant rice variety certification; to respond to organizations’ and individuals’ petitions on fragrant rice variety certification.

2. To publicize on the portal of the Department of Crop Production of the Ministry of Agriculture and Rural Development the list of inspecting organizations; names of organizations and individuals having their fragrant rice varieties certified, granted or invalidated authenticity certificate of fragrant rice; list of exported fragrant rice varieties updated and modified under the EVFTA Trade Committee’s decisions.

3. To physically or electronically archive dossiers for fragrant rice variety certification for at least 5 years from the date of certification.

4. To formulate plans on dissemination and provision of guidance on the implementation of this Decree in the mass media; to organize training courses and provide guidance on implementation, inspection and examination of the implementation of this Decree.

Chapter III

IMPLEMENTATION PROVISIONS

Article 13. Effect

This Decree takes effect on the date of its signing.

Article 14. Transitional provisions

For fragrant rice varieties produced before the effective date of this Decree, dossiers of request for fragrant rice variety certification must comply with Points a and b, Clause 1 Article 7 of this Decree through December 31, 2020; and applicants for fragrant rice variety certification shall take responsibility before law for the accuracy and truthfulness of declared information and dossiers for fragrant rice variety certification or re-certification.

Article 15. Implementation responsibility

1. The Minister of Agriculture and Rural Development shall organize the implementation of this Decree.

2. 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
NGUYEN XUAN PHUC

* The Appendices to this Circular are not translated.