Decree 27/2021/ND-CP on management of forest tree cultivars

DECREE

On management of forest tree cultivars^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 15, 2017 Law on Forestry;

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

The Government promulgates the Decree on management of forest tree cultivars.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides management of forest tree cultivars, covering conservation of genetic resources; research, selection, creation and testing of tree cultivars; labeling and denomination of forest tree cultivars; management of quality of forest tree cultivars; production, trading, import and export of forest tree cultivars.

Article 2. Subjects of application

This Decree applies to domestic and foreign organizations and individuals engaged in activities related to those specified in Article 1 of this Decree in the territory of the Socialist Republic of Vietnam.

Article 3. Interpretation of terms

1. Forest tree cultivar means a population of forest trees that is distinct from another population of forest trees by reproducible expression of at least one genetic characteristic; retains its phenotypic uniformity and stability after propagation cycles; and has value of cultivation and use.

2. Forest tree’s original germplasm means a variety propagated from a plus tree or hedge of a recognized or purified variety (including seeds, seeding tubers, roots, stems, branches, grafts, buds/shoots or tissues, bottled tissue-culture plantlets and saplings) for use as propagation materials or for building of seed orchards or seed stands.

3. Purified variety means a variety propagated from a plus tree or hedge re-selected from a recognized variety and technically engineered in order to maintain or restore initial traits of original germplasm and prevent inbreeding depression and productivity and quality reduction. 

 4. Main forest tree species means forest tree species that are widely cultured and important to economic development and environmental protection and subject to strict management.

5. Forest tree propagation material means a tree or tree organ that is capable of growing into a new tree and used for propagation or culture.

6. Testing of forest tree cultivars means monitoring and assessment of criteria to determine distinctness, uniformity, stability, and value of cultivation and use of forest tree cultivars by specific methods.  

7. Provenance testing of forest tree cultivars means a comparative testing of species provenances under certain site conditions in order to select provenances with desired traits.

8. Progeny testing of forest tree cultivars means a comparative testing of selected and assessed offspring of plus trees in order to select plus trees for use as bearers of heredity of desired characteristics.   

9. Clonal testing of forest tree cultivars means testing to assess clones in comparison to varieties available or widely cultured in a locality.

10. Distinctness of forest tree cultivars means the capability of clear distinction between a forest tree cultivar and other well-known forest tree cultivars.

11. Uniformity of forest tree cultivars means uniform expression of relevant traits of such forest tree cultivars, except permissible tolerances concerning specific traits in the course of propagation.

12. Stability of forest tree cultivars means stable expression of relevant traits as initially described which remains unchanged after a propagation cycle.

Article 4. Principles of management of forest tree cultivars

1. To carry out chain-based strict management of main forest tree cultivars which is encouraged for other forest tree cultivars in order to ensure traceability and improve variety quality.

2. Organizations and individuals will have their rights to forest tree cultivars protected in accordance with the law on intellectual property.

3. Organizations and individuals shall take responsibility for quality of forest tree cultivars they researched, selected, created, produced or traded in accordance with law.

4. To encourage mobilization of all social resources for forest tree cultivar-related activities.

5. To apply sciences and technologies to research, selection, creation, production, preservation and management of forest tree cultivars.

Article 5. The State’s policies on forest tree cultivar-related activities

1. The State shall invest in the following activities:

a/ Making statistics, conducting surveys and building databases on forest tree cultivars; providing market information and forecasts; formulating strategies for development of forest tree cultivars; and formulating standards and technical regulations on forest tree cultivars;

b/ Building and upgrading physical foundations and equipment for public science and technology organizations to carry out policy research and baseline research in the field of forest tree cultivars; 

c/ Carrying out scientific and technological activities specified at Points a and b, Clause 2, Article 6 of this Decree.

2. In each period and based on capacity of the state budget, the State shall provide support for the following activities:

a/ Scientific and technological activities specified at Point c, Clause 2, Article 6 of this Decree;

b/ Application of advanced quality management systems and certification of forest tree cultivars;

c/ Preservation, production and supply of forest trees’ original germplasm; purification of original germplasm; production of specialty and indigenous forest tree cultivars; maintenance of hedge; protection and development of hedge orchards, seed orchards and seed stands; import of new cultivars, and transfer of copyrighted forest tree cultivars;  

d/ Training of human resources; transfer of scientific and technological advances in forest tree cultivar-related activities.

3. The State shall encourage organizations and individuals to invest in the activities specified in Clauses 1 and 2 of this Article and the following activities:

a/ Cooperation and linkage in research and development, trading, provision of technical services, technology transfer, and forest tree cultivar-related activities;

b/ Participation of organizations and individuals in provision of products and public services in the field of forest tree cultivars in accordance with law;

c/ Insurance for production and trading of forest tree cultivars.

4. Funding sources: state budget funds, sources other than state budget funds (credit loans; funds of organizations and individuals; international aid, etc.) as specified by law.

Article 6. Scientific and technological activities in the field of forest tree cultivars

1. Scientific and technological activities in the field of forest tree cultivars shall be carried out in accordance with this Decree, the law on science and technology, and the law on technology transfer.

2. Scientific and technological activities in the field of forest tree cultivars eligible for the State’s investment or investment support include:

a/ Study of mechanisms and policies on forest tree cultivars; selection and creation of high-quality, pest-resistant, climate change-adaptable and environment-friendly forest tree cultivars.

b/ Collection, preservation, conservation and exploitation of genetic resources of precious and rare, specialty and indigenous forest tree cultivars; and formation of forest trees’ gene banks;

c/ Research, development and application of high, advanced and new technologies in the field of forest tree cultivars.

Chapter II

MANAGEMENT OF FOREST TREE CULTIVARS

Section 1

CONSERVATION OF GENETIC RESOURCES OF FOREST TREE CULTIVARS

Article 7. Survey, collection and assessment of genetic resources of forest tree cultivars

1. Survey and collection of genetic resources of forest tree cultivars:

a/ The Ministry of Agriculture and Rural Development shall base itself on practical demands and conditions to place orders for organizations and individuals with appropriate capacity and conditions to carry out surveys of and collect genetic resources of forest tree cultivars; local administrations shall base themselves on practical demands and conditions to carry out surveys of and collect genetic resources of forest tree cultivars in their localities;

b/ Genetic resources of forest tree cultivars shall be collected in form of seeds, seedlings, cuttings or genetic materials of forest tree cultivars depending on tree species;

c/ Results of survey and collection of genetic resources of forest tree cultivars shall be documented with clear description of information related to the survey and collection such as locations, time, types and number of samples, and form of collection.

2. Assessment of genetic resources of forest tree cultivars:

a/ The Ministry of Agriculture and Rural Development shall place orders for capable organizations and individuals to carry out assessment of genetic resources of forest tree cultivars; localities shall assess genetic resources of forest tree cultivars they survey and collect;

b/ Assessment of genetic resources of forest tree cultivars covers genome sequencing; assessment of genetic diversity, silvicultural and biological characteristics and value of use of genetic resources of forest tree cultivars.

Article 8. Preservation of genetic resources and formation of forest tree cultivars’ gene banks

1. Preservation of genetic resources

Genetic resources of forest tree cultivars shall be preserved in the following forms:

a/ In-situ preservation which means preservation in natural habitats of forest tree cultivars;

b/ Ex-situ preservation which means preservation outside natural habitats of forest tree cultivars or in gene banks (in chilled storage, liquid nitrogen or other appropriate preservation forms based on state-of-the-art technologies); or in-vitro preservation; or preservation in arboreta, botanic gardens, seed stands or seed orchards.

2. Forest tree cultivars’ gene banks, including:

a/ Seed bank, where dry seeds are preserved at appropriate temperatures;

b/ Tissue-cell bank, where shoots, protocells, embryos and meristems are preserved in an appropriate nutritional environment with specific light and temperature conditions;

c/ Pollen bank, where pollens are preserved using different techniques;

d/ Field gene bank, where genetic materials are preserved in complete individual trees in their natural habitats.

3. The national forest tree cultivars’ gene bank shall be established by the Vietnamese Academy of Forest Sciences; organizations and individuals assigned with the task of conserving genetic resources shall form forest tree cultivars’ gene banks based on their own needs and conditions.

Article 9. Data on genetic resources of forest tree cultivars

1. Data on genetic resources of forest tree cultivars shall be collected by related organizations and individuals under Articles 7 and 8 of this Decree.

2. Data on genetic resources of forest tree cultivars shall be stored in the form of survey forms, description sheets, assessment reports, specimens, drawings, distribution maps, photos, printed matters, or documented or digitalized databases.

3. Data on genetic resources of forest tree cultivars shall be stored at organizations and individuals performing the task of conserving genetic resources. The Vietnamese Academy of Forest Sciences shall store data on genetic resources of forest tree cultivars nationwide.

4. Data on genetic resources of forest tree cultivars shall be shared in accordance with law.

Section 2

RESEARCH, SELECTION, CREATION AND TESTING OF FOREST TREE CULTIVARS

Article 10. Denomination of forest tree cultivars

1. Denomination of a forest tree cultivar may not be accepted in the following cases:

a/ It consists of numbers only;

b/ It violates the nation’s historical traditions, culture, ethics and fine customs;

c/ Its pronunciation or writing is identical to that of names of national leaders or heroes, famous personalities, foodstuffs, drinks or pharmaceuticals;

d/ The whole or part of its proper name is the name of a state agency, people’s armed forces unit, political organization, socio-political organization, socio-political-professional organization, social organization, or socio-professional organization, unless the use of such name is consented to by the concerned agency, organization or unit;

dd/ It is likely to lead to misunderstanding of properties and characteristics of the cultivar;

e/ It is likely to lead to confusion of personal identity of the cultivar author;

g/ It is identical to denomination of a protected forest tree cultivar.

2. Organizations and individuals that produce, trade in, import and export forest tree cultivars and materials of forest tree cultivars shall properly use names of forest tree cultivars stated in decisions on recognition of forest tree cultivars issued by competent agencies.

3. When using names of forest tree cultivars in combination with marks, trade names or indications similar to names of recognized forest tree cultivars for production or trading, such names must be highly identifiable.

Article 11. Research, selection and creation of forest tree cultivars

1. Research, selection and creation of forest tree cultivars shall be carried out in accordance with current laws.

2. Priority shall be given to research, collection, preservation, conservation and exploitation of genetic resources of precious, rare and indigenous forest tree cultivars; formation of forest tree cultivars’ gene banks; development and application of high, advanced and new technologies to selection, creation, propagation and preservation of forest tree cultivars adaptable to climate change.

Article 12. Conditions of an establishment testing forest tree cultivars

1. Ensuring that every person directly engaged in testing of forest tree cultivars must possess a university or higher degree in forestry, plant science or biology.

2. Having appropriate location, infrastructure facilities and equipment as specified in the national standard on testing of forest tree cultivars provided in Appendix I to this Decree. 

Article 13. Testing of forest tree cultivars

1. Subject to testing are domestically selected or created forest tree cultivars; forest tree cultivars imported for the first time, not yet recognized and not on the lists of invasive alien species or potentially invasive alien species as specified by law.

2. Testing methods: Provenance testing, progeny testing and clonal testing shall be carried out under the national standard on testing provided in Appendix I to this Decree.

3. Testing contents: Testing for assessment of distinctness, uniformity and stability; testing for assessment of value of cultivation and use of forest tree cultivars under the national standard on testing provided in Appendix I to this Decree.

4. Organizations and individuals that satisfy the conditions specified in Article 12 of this Decree may carry out testing of forest tree cultivars.

5. The Ministry of Agriculture and Rural Development shall assess testing results in order to recognize forest tree cultivars.

Article 14. General requirements on testing of forest tree cultivars

1. Testing of forest tree cultivars shall be carried out on a regional basis. A certain forest tree cultivar that is tested in a region shall be granted a recognition decision for development in such region and areas with similar ecological conditions.

2. Methods of testing of forest tree cultivars are specified in the national standard on testing methods provided in Appendix I to this Decree. 

3. Genome sequencing methods shall be used instead of distinctness testing methods in order to check varietal trueness. 

4. Before testing of genetically modified forest tree cultivars, a risk assessment shall be carried out in accordance with the law on biodiversity.

Article 15. Rights and obligations of organizations and individuals engaged in research, selection and creation of forest tree cultivars

1. Organizations and individuals engaged in research, selection and creation of forest tree cultivars have the following rights:

a/ To invest in research, selection and creation of forest tree cultivars ; to conduct surveys of, assess, collect, preserve and exploit domestic or imported propagation materials to serve research, selection and creation of forest tree cultivars in accordance with law;

b/ To be entitled to the State’s policies on support for investment in science and technology and policies exclusively applicable to different fields and regions in accordance with law;

c/ To cooperate with domestic and foreign organizations and individuals in research, selection and creation of forest tree cultivars in accordance with law.

2. Organizations and individuals engaged in research, selection and creation of forest tree cultivars have the following obligations:

a/ To fulfill obligations specified by the law on science and technology and other relevant laws;

b/ To comply with the law on technology transfer when transferring forest tree cultivars;

c/ To comply with the law on biodiversity and relevant laws when carrying out research, selection, creation, experimentation and testing of genetically modified forest tree cultivars.

Section 3

MANAGEMENT OF QUALITY OF FOREST TREE CULTIVARS

Article 16. General requirements on management of quality of forest tree cultivars

1. Management of quality of forest tree cultivars must comply with this Decree and the law on product and goods quality.

2. For varieties of main forest tree cultivars: Only recognized cultivars and cultivar sources may be produced and traded.

3. Quality of forest tree cultivars shall be managed on the basis of national standards and in-house standards on forest tree cultivars.

Article 17. Requirements on quality of cultivars of main forest tree species

1. Seed lots must be harvested from unexpired recognized cultivar sources; quality of seeds must conform to the national standard on seeds provided in Appendix I to this Decree.

2. Bottled tissue-culture plantlets must be produced from recognized cultivars with quality conformable to the national standard on tissue-culture plants provided in Appendix I to this Decree. 

3. Cuttings, grafts and bud unions for grafting must be taken from unexpired recognized hedge orchards and plus trees with quality conformable to the national standard on cuttings, grafts and bud unions for grafting provided in Appendix I to this Decree. 

4. Plantlet lots must be produced from bottled tissue-culture plants or seedlings harvested from unexpired recognized cultivar sources with quality conformable to the national standard on seedlings provided in Appendix I to this Decree.

5. Quality of forest tree cultivars specified in Clauses 1, 2, 3 and 4 of this Article shall be managed under in-house standards when no relevant national standards are available.

Article 18. Dossiers of forest tree cultivars

1. Organizations and individuals producing and trading in forest tree cultivars shall make and keep the following dossiers:

a/ For seed lots: A list of forest tree cultivars made according to Form No. 01/LN provided in Appendix II to this Decree; a photocopy of the germplasm recognition decision; sales invoices clearly stating the volume of seeds and code of the germplasm from which seeds have been harvested;

b/ For bottled tissue-culture plantlets: A list of forest tree cultivars  made according to Form No. 02/LN provided in Appendix II to this Decree; a photocopy of the cultivar recognition decision or cultivar purchase contract; sales invoices clearly stating the quantity of tissue culture plantlets, and name and code of the production cultivar;

c/ For cuttings, grafts and bud unions for grafting: A list of forest tree cultivars made according to Form No. 03/LN provided in Appendix II to this Decree; a photocopy of the germplasm recognition decision or propagation material purchase contract; sales invoices clearly stating the quantity of cuttings, grafts and bud unions for grafting, and name and code of the germplasm;

d/ For plantlet lots: A list of forest tree cultivars made according to Form No. 04/LN provided in Appendix II to this Decree; and other relevant documents proving the origin of propagation materials for production of plantlets (financial invoices, delivery bills and germplasm recognition decision); 

dd/ For tree cultivars not on the list of main forest tree species, the cultivar recognition decision or germplasm recognition decision specified at Point a, b or c of this Clause is not required.

2. Organizations and individuals shall take responsibility before law for the accuracy of origin of forest tree cultivar on the lists they provide.

Article 19. Labeling and advertising of forest tree cultivars

1. The labeling of forest tree cultivars shall be carried out under the Government’s Decree No. 43/2017/ND-CP of April 14, 2017, on goods labeling, and the labeling contents are as follows:

a/ For seeds: Name (scientific name) of the tree species; seed volume; date of completed processing; expiry date; harvesting location; preservation method; name and address of the production establishment;

b/ For tissue bottles: Name (scientific name) of the tree species; name of the cultivar; code of the recognized cultivar; production lot: date; name and address of the production establishment; period of implanting (from the date of cultivar delivery or the expiry date of the cultivar);

c/ For other cultivars, labeling is not required but dossiers must be made under Article 18 of this Decree.

2. Advertising of forest tree cultivars

a/ Recognized forest tree cultivars may be advertised in accordance with the law on advertising.

b/ Contents of advertisements for forest tree cultivars must conform to those of forest tree cultivar recognition decisions and forest tree germplasm recognition decisions.

3. For forest tree cultivars imported for display at exhibitions or trade fairs, advertisements shall be performed in accordance with contents of forest tree cultivar import permits granted by competent agencies.

Article 20. Declaration of standard conformity of forest tree cultivars

Organizations and individuals that produce forest tree cultivars shall declare conformity of their produced forest tree cultivars with relevant national standards or in-house standards in case no national standards are available.

Section 4

PRODUCTION AND TRADING OF FOREST TREE CULTIVARS

Article 21. Conditions on organizations and individuals producing and trading in forest tree cultivars

1. An organization or individual wishing to produce forest tree cultivars shall satisfy the following conditions:

a/ Having or renting a location, infrastructure facilities and equipment according to the national standard on methods of production of forest tree cultivars. In case such national standard is not available, a relevant in-house standard shall be applied;

b/ Using propagation materials taken from recognized cultivars or germplasms to produce cultivars of main forest tree species.

2. An organization or individual wishing to trade in forest tree cultivars shall satisfy the following conditions:

a/ Having a lawful transaction place;

b/ Having documents to facilitate traceability of cultivar lots, including information on contracts and invoices on purchase and sale of cultivar lots; dossiers and labels as specified in Articles 18 and 19 of this Decree; information on used propagation materials, standards declared for application, quantity and time of delivery and receipt of cultivars. 

3. Before producing or trading in forest tree cultivars, organizations and individuals shall send via email, by hand-delivery or by post notices of the following information: transaction addresses, names of establishment owners or lawful representatives, and contact telephone numbers, for posting on the latter’s portals.

Article 22. Production and trading of forest tree cultivars

1. Production of forest tree cultivars shall be carried out by methods of sexual propagation and asexual propagation according to the national standard on production of forest tree cultivars. In case such national standard is not available, a relevant in-house standard shall be applied.

2. Production of forest tree cultivars by the method of tissue culture must use propagation materials from original germplasms or purified varieties. After 2 years of being used for propagation, the original germplasms or purified varieties shall be purified according to the national standard on purification of plant varieties. 

3. Organizations and individuals shall take accountability for the quantity and quality of their produced or traded forest tree cultivars.

4. Organizations and individuals trading in forest tree cultivars shall hand over dossiers of cultivar lots as specified in Clause 1, Article 18 of this Decree to their customers upon sale and delivery of forest tree cultivars for use in the course of transportation, circulation and use of such cultivars.

Article 23. Rights and obligations of forest tree cultivar producers/traders

1. Forest tree cultivar producers/traders have the right to produce and trade in forest tree cultivars when satisfying the conditions specified in Article 21 of this Decree.

2. Forest tree cultivar producers/traders have the following obligations:

a/ To fully comply with Article 21 of this Decree;

b/ To declare standard and regulation conformity of products that they produce or trade in accordance with law;

c/ To recall and dispose of inferior-quality forest tree cultivars from market circulation;

d/ To pay compensations for damage in accordance with law;

dd/ To provide documents to prove the origin of forest tree cultivars and documents for traceability of forest tree cultivar lots;

e/ To label forest tree cultivars under Clause 1, Article 19 of this Decree;

g/ To report on results of forest tree cultivar production or trading when so requested by local state management agencies in charge of forestry. 

Article 24. Rights and obligations of forest tree cultivar users

1. Forest tree cultivar users have the following rights:

a/ To be provided with sufficient information about and instructions for use of forest tree cultivars;

b/ To receive compensations for damage in accordance with law;

c/ To make recommendations, file complaints and denunciations, and initiate lawsuits against violations in accordance with law.

2. Forest tree cultivar users have the following obligations:

a/ To comply with production processes and instructions for use of forest tree cultivars announced or guided by forest tree cultivar suppliers;

b/ To promptly notify forest tree cultivar suppliers and local administrations of incidents or bad consequences caused by forest tree cultivars upon their occurrence for handling.

Section 5

EXPORT AND IMPORT OF FOREST TREE CULTIVARS

Article 25. Export of forest tree cultivars

1. Export of forest tree cultivars on the list of endangered, precious and rare forest flora species and the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) must comply with regulations on management of endangered, precious and rare forest flora species and implementation of the CITES.

2. Recognized forest tree cultivars may be exported in accordance with the commercial law and law on foreign trade management.

3. Unrecognized forest tree cultivars may be exported to serve research, testing, advertising, exhibition or international exchange not for commercial purposes under permits granted by the Ministry of Agriculture and Rural Development.

4. A dossier of application for a forest tree cultivar export permit must comprise:

a/ An application for forest tree cultivar export permit, made according to Form No. 05/LN provided in Appendix II to this Decree;

b/ Original record of forest tree cultivars requested to be exported (for each cultivar, such record shall be submitted only once upon first-time export), made according to Form No.07/LN provided in Appendix II to this Decree;

c/ In addition to the documents specified at Points a and b of this Clause, the applicant shall enclose the dossier with one of the following documents:

A copy of the cooperation agreement in a foreign language enclosed with its notarized Vietnamese translation, for case of export of forest tree cultivars to serve research, testing or international cooperation;

A written certification of or an invitation to participate in an exhibition or a trade fair by the exhibition or trade fair organizer, for case of export of forest tree cultivars for display at exhibitions or trade fairs. 

5. Procedures

a/ An applicant shall submit 1 dossier by hand-delivery, by post, or via the network or the Vietnam National Single Window to the Ministry of Agriculture and Rural Development.

In case of hand-delivery or submission of the dossier by post: Within 1 working day after receiving the dossier, the Ministry of Agriculture and Rural Development shall examine completeness of documents included in the dossier. In case the dossier is incomplete, it shall notify such in writing to the applicant for completion of the dossier.

In case of submission of the dossier via the network or the Vietnam National Single Window: Within 1 working day after receiving the dossier, the Ministry of Agriculture and Rural Development shall examine completeness of documents included in the dossier. In case the dossier is incomplete, it shall notify such in writing to the applicant for completion of the dossier.

b/ Within 5 working days after receiving a valid dossier, the Ministry of Agriculture and Rural Development shall appraise the dossier and grant a forest tree cultivar export permit according to Form No. 08/LN provided in Appendix II to this Decree. In case of refusal to grant such a permit, it shall reply in writing clearly stating the reason.

6. The validity period of a tree cultivar export permit is up to 12 months from the date of grant.

7. In case a forest tree cultivar export permit is lost or damaged, the holder may have it re-granted according to the following procedures:

a/ The permit holder shall send as written request for re-grant of the forest tree cultivar export permit, made according to Form No. 06/LN provided in Appendix II to this Decree, by hand-delivery or by post or via the network or the Vietnam National Single Window to the Ministry of Agriculture and Rural Development;

b/ Within 3 working days after receiving the request, the Ministry of Agriculture and Rural Development shall consider and re-grant such permit. In case of refusal to re-grant the permit, it shall reply in writing clearly stating the reason.

Article 26. Import of forest tree cultivars

1. Import of forest tree cultivars on the list of endangered, precious and rare forest flora species and the Annex to the CITES must comply with regulations on management of endangered, precious and rare forest flora species and implementation of the CITES.

2. Recognized forest tree cultivars may be imported in accordance with the commercial law and law on foreign trade management.

3. Unrecognized forest tree cultivars not on lists of invasive alien species or potentially invasive alien species as specified by law may be imported to serve research, testing, trial planting, for use as ornamental or shade plants, international cooperation, or for use as samples for display at exhibitions or as gifts, or for implementation of investment programs or projects under permits granted by the Ministry of Agriculture and Rural Development.

4. A dossier of application for a forest tree cultivar import permit must comprise:

a/ An application for forest tree cultivar import permit, made according to Form No. 05/LN provided in Appendix II to this Decree;

b/ Original record of forest tree cultivars requested to be imported (for each cultivar, such record shall be submitted only once upon first-time import) made according to Form No.07/LN provided in Appendix II to this Decree;

c/ In addition to the documents specified at Points a and b of this Clause, the applicant shall enclose the dossier with one of the following documents:

The original or a copy of the technical design for testing or trial planting of forest tree cultivars, for case of import of forest tree cultivar for testing or trial planting;

A copy of the cooperation agreement in a foreign language enclosed with its notarized Vietnamese translation, for case of import of forest tree cultivar under a cooperation agreement;

The original or a copy of a written certification of or an invitation to participate in an exhibition or a trade fair in Vietnam, for case of import of forest tree cultivars for display at exhibitions or trade fairs;

A copy of a written certification by the two sides in a foreign language enclosed with its notarized Vietnamese translation, for case of import of forest tree cultivar for use as gifts;   

A copy of a competent state agency’s document approving an investment program or project or a project subject to approval by an enterprise in accordance with law, for case of import of forest tree cultivars for implementation of investment programs or projects.

5. Procedures

a/ An applicant shall submit 1 dossier by hand-delivery, by post, or via the network or the Vietnam National Single Window to the Ministry of Agriculture and Rural Development;

In case of hand-delivery or submission of the dossier by post: Within 1 working day after receiving the dossier, the Ministry of Agriculture and Rural Development shall examine completeness of documents included in the dossier. In case the dossier is incomplete, it shall notify such in writing to the applicant for completion of the dossier;

In case of submission of the dossier via the network or the Vietnam National Single Window: Within 1 working day after receiving the dossier, the Ministry of Agriculture and Rural Development shall examine completeness of documents included in the dossier. In case the dossier is incomplete, it shall notify such in writing to the applicant for completion of the dossier;

b/ Within 5 working days after receiving a valid dossier, the Ministry of Agriculture and Rural Development shall appraise the dossier and grant a forest tree cultivar import permit according to Form No. 08/LN provided in Appendix II to this Decree. In case of refusal to grant such a permit, it shall reply in writing clearly stating the reason.

6. The validity period of a forest tree cultivar import permit is up to 12 months from the date of grant.

7. In case a forest tree cultivar import permit is lost or damaged, the holder may have it re-granted according to the following procedures:

a/ The permit holder shall send a written request for re-grant of the forest tree cultivar import permit, made according to Form No. 06/LN provided in Appendix II to this Decree, by hand-delivery or by post or via the network or the Vietnam National Single Window to the Ministry of Agriculture and Rural Development;

b/ Within 3 working days after receiving a written request for re-grant of the forest tree cultivar import permit, the Ministry of Agriculture and Rural Development shall consider and re-grant such permit. In case of refusal to re-grant the permit, it shall reply in writing clearly stating the reason.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 27. Responsibilities of ministries and ministerial-level agencies

1. Responsibilities of the Ministry of Agriculture and Rural Development

a/ To direct and guide the performance of tasks of state management of forest tree cultivars;

b/ To set forth scientific and technological tasks regarding research, selection and creation of new forest tree cultivars to meet requirements of each period in order to improve forest productivity and quality;

c/ To formulate national standards and technical regulations, and production processes in the field of forest tree cultivars under regulations;

d/ To develop a database on forest tree cultivars; to implement the regime of reporting and making statistics on forest tree cultivars;

dd/ To organize scientific and technological research and application; to survey, collect and manage information and data and enter into international cooperation in the field of forest tree cultivars;

e/ To direct and organize inspection, examination, settlement of complaints and denunciations, and handling of violations of regulations on forest tree cultivars according to its competence.

2. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Agriculture and Rural Development in performing tasks of state management of forest tree cultivars.

Article 28. Responsibilities of provincial-level People’s Committees

1. To direct and organize the implementation of regulations on management of forest tree cultivars in their localities; to guide and examine production processes suitable to their local conditions.

2. To propose or place orders related to scientific and technological tasks in the field of forest tree cultivars to meet their local socio-economic development needs in each period.

3. To organize public communication, dissemination and education about regulations on, and provide knowledge about, forest tree cultivars.

4. To update their databases and information; to implement the regime of reporting and making statistics on forest tree cultivars in their localities onto the database on forest tree cultivars of the Ministry of Agriculture and Rural Development.

5. To direct inspection, examination, settlement of complaints and denunciations, and handling of violations of regulations on forest tree cultivars according to their competence.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 29. Effect

1. This Decree takes effect on May 15, 2021.

2. When documents and national standards referred to in this Decree are revised or replaced, the revising or replacing documents and standards shall apply.

3. This Decree annuls:

a/ Clauses 1 and 13, Article 3; and Articles 7, 14, 15, 16 and 17 of the Minister of Agriculture and Rural Development’s Circular No. 30/2018/TT-BNNPTNT of November 16, 2018, promulgating the list of main forest tree species; recognition of cultivars and germplasms; and management of propagation materials of main forest tree species;

b/ Article 4 of the Minister of Agriculture and Rural Development’s Circular No. 43/2018/TT-BNNPTNT of December 28, 2018, specifying a number of provisions on import and export of plant varieties, domestic animal breeds and genetic resources of plants; import of pesticides and import of objects on the list of objects subject to plant quarantine and analysis of pest risks before being imported into Vietnam.

Article 30. Transitional provisions

1. Labels of forest tree cultivars and labeled packages that are produced and printed before the effective date of this Decree may continue to be used within 12 months from the effective date of this Decree.

2. Dossiers for import or export of forest tree cultivars received from organizations and individuals before the effective date of this Decree must comply with relevant provisions of the Minister of Agriculture and Rural Development’s Circular No. 43/2018/TT-BNNPTNT of December 28, 2018, specifying a number of provisions on import and export of plant varieties, domestic animal breeds and genetic resources of plants; import of pesticides and import of objects on the list of objects subject to plant quarantine and analysis of pest risks before being imported into Vietnam.

Article 31. 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, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The appendices to this Decree are not translated.