Decree No. 94/2019/ND-CP detailing the Law on Crop Production regarding plant varieties and cultivation

DECREE

Detailing a number of articles of the Law on Crop Production regarding plant varieties and cultivation^[1]

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

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

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

The Government promulgates the Decree detailing a number of articles of the Law on Crop Production regarding plant varieties and cultivation.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

1. This Decree details Clause 2 of Article 12, Clause 8 of Article 15, Clause 3 of Article 16, Clause 3 of Article 17, Clause 4 of Article 21, Clause 3 of Article 22, Clause 7 of Article 24, Clause 3 of Article 27, Clause 3 of Article 28, Clause 5 of Article 29, Clause 2 of Article 56, and Clause 3 of Article 57, of the Law on Crop Production.

2. Organic cultivation referred to in Clause 5, Article 69 of the Law on Crop Production must comply with the Government’s Decree No. 109/2018/ND-CP of August 29, 2018, on organic agriculture.

Article 2.General provisions on performance of administrative procedures in this Decree

1. Submission of dossiers for performance of administrative procedures: Depending on the conditions of agencies settling administrative procedures for receipt of dossiers and notification of settlement results, organizations and individuals may submit dossiers directly or send by post or online (via the national single-window mechanism, online public service, electronic software, email, or fax):

a/ For a dossier submitted directly or sent by post, it must contain original documents or certified copies or copies together with the originals to be presented for comparison, or copies bearing the seal of the submitting unit, for documents issued by the unit itself.

b/ For a dossier submitted online, it must contain documents scanned from the originals.

2. Quantity of dossier sets: 1 set.

3. Time limit for giving a reply on the completeness of a dossier:

a/ For a dossier submitted directly, the agency settling administrative procedures shall examine the dossier and immediately give a reply to the dossier submitter.

b/ For a dossier sent by post or online, within 3 working days after receiving it, the agency settling administrative procedures shall examine its completeness; if finding the dossier is incomplete, it shall notify such to the dossier submitter for completing the dossier.

4. Methods of paying charges and fees for performance of administrative procedures: Charges and fees shall be paid under current regulations directly at the agency settling administrative procedures or by account transfer or another service as prescribed by law.

5. Methods of notifying administrative procedure settlement results: The agency settling administrative procedures shall notify settlement results at the place of dossier receipt or send them by post or online.

6. Should there be any provisions in this Decree different from those of Clauses 1 thru 5 of this Article, the former shall prevail.

7. Foreign-language documents in dossiers shall be accompanied with Vietnamese translations notarized by a public notary office or certified by a translation organization.

8. Organizations and individuals shall take responsibility for the authenticity of the dossiers they submit.

Chapter II

PLANT VARIETIES

Article 3.Conservation of genetic resources of plant varieties and list of genetic resources of plant varieties banned from export

1. Survey and collection of genetic resources of plant varieties:

a/ The Department of Crop Production shall, based on demands and practical conditions, place orders for qualified organizations and individuals to survey and periodically collect genetic resources of plant varieties.

b/ Genetic resources of plant varieties shall be collected as seeds, seedlings, cuttings, bulbs for propagation, or genetic materials of plant varieties, depending on types of plants.

c/ Results of survey and collection shall be documented, clearly describing information relating to the survey and collection, such as place, time, type of specimen, quantity, and method of collection.

2. Conservation and building of a plant variety gene bank:

a/ Genetic resources of plant varieties shall be conserved at plant resources centers and units within the nationwide plant resources conservation network under orders placed by the Department of Crop Production.

b/ Depending on practical resources and conditions, conservation of genetic resources of plant varieties may take either or both of the following forms:

Ex-situ conservation, which means conservation of genetic resources of plant varieties outside the areas where plant varieties grow in cool conditions (in cold storages, in refrigerated nitrogen or another appropriate form of preservation with new technologies); or in-vitro conservation; or conservation of genetic materials or on the field;

In-situ conservation, which means conservation of genetic resources of plant varieties right within the areas where plant varieties grow.

3. Assessment of genetic resources of plant varieties:

a/ Assessment of genetic resources of plant varieties includes decoding genes, and assessing agronomic and biological indicators and use values of genetic resources of plant varieties.

b/ Based on the demands for use of information about genetic resources of plant varieties, the Department of Crop Production shall place orders for qualified organizations and individuals to decode genes, and assess agronomic and biological indicators and use values of genetic resources of plant varieties.

4. Establishment, preservation and sharing of data on genetic resources of plant varieties:

a/ Organizations and individuals carrying out the activities prescribed in Clauses 1, 2 and 3 of this Article and related organizations and individuals (information providers) shall establish data on genetic resources of plant varieties to serve the management, exploitation and use of genetic resources of plant varieties;

b/ Data on genetic resources of plant varieties shall be stored in questionnaires, description slips, evaluation slips, specimens, drawings, distribution maps, photos, print publications, and paper or digital databases (including basic data on genetic resources and related information).

c/ Data on genetic resources of plant varieties shall be stored at plant resources centers.

d/ National data on genetic resources of plant varieties shall be shared in accordance with current law.

5. The list of genetic resources of plant varieties banned from export is provided in Appendix I to this Decree.

Article 4.Dossiers, order, procedures and competence for issuance, re-issuance, extension, suspension, restoration, or cancellation of decisions on recognition of sale of plant varieties

1. A dossier for issuance of a decision on recognition of sale of plant varieties must comprise:

a/ A request for issuance of a decision on recognition of sale of plant varieties, made according to Form No. 01.CN provided in Appendix II to this Decree.

b/ Results of testing the distinctness, uniformity and stability of plant varieties requested for recognition.

c/ Results of testing the cultivation or use value of plant varieties.

d/ The process of cultivating plant varieties, developed by the requester.

dd/ A declaration of information on plant varieties, prepared by the requester according to Form No. 02.CN provided in Appendix II to this Decree.

2. A dossier for re-issuance of a decision on recognition of sale of plant varieties must comprise:

a/ A request for re-issuance of a decision on recognition of sale of plant varieties, made according to Form No. 03.CN provided in Appendix II to this Decree.

b/ A document evidencing the change, if any, in information about the organization or individual named in the decision.

3. A dossier for extension of a decision on recognition of sale of plant varieties must comprise:

a/ A request for extension of a decision on recognition of sale of plant varieties, made according to Form No. 04.CN provided in Appendix II to this Decree.

b/ A paper showing the results of controlled testing prescribed at Point a, Clause 2, Article 18 of the Law on Crop Production, which must be conducted within one year up to the time of submission of the dossier.

4. Order, procedures and competence for issuance, re-issuance or extension of a decision on recognition of sale of plant varieties:

a/ Order, procedures and competence for issuance of a decision on recognition of sale of plant varieties: A dossier shall be sent to the Department of Crop Production. Within 15 working days after receiving a complete and valid dossier, the Department of Crop Production shall appraise the dossier and issue a decision on recognition of sale of plant varieties according to Form No. 05.CN provided in Appendix II to this Decree, and post the decision and accompanying documents on its portal. In case of refusal to issue such decision, the Department of Crop Production shall issue a written reply, clearly stating the reason. Plant varieties may be put on sale from the signing date of the decision on recognition of sale of plant varieties.

b/ Order, procedures and competence for re-issuance of a decision on recognition of sale of plant varieties: A dossier shall be sent to the Department of Crop Production. Within 5 working days after receiving a complete and valid dossier, the Department of Crop Production shall re-issue a decision on recognition of sale of plant varieties according to Form No. 06.CN provided in Appendix II to this Decree, and post the decision and accompanying documents on its portal. In case of refusal to re-issue such decision, the Department of Crop Production shall issue a written reply, clearly stating the reason.

c/ Order, procedures and competence for extension of a decision on recognition of sale of plant varieties: At least 6 months before the decision on recognition of sale of plant varieties expires, a dossier for extension thereof shall be sent to the Department of Crop Production. Within 5 working days after receiving a complete and valid dossier, the Department of Crop Production shall issue an extended decision on recognition of sale of plant varieties according to Form No. 07.CN provided in Appendix II to this Decree, and post the decision and accompanying documents on its portal. In case of refusal to issue such decision, the Department of Crop Production shall issue a written reply, clearly stating the reason.

An organization or individual that fails to submit a dossier for extension of a decision on recognition of sale of plant varieties under Clause 3 of this Article shall comply with Clause 1, and Point a, Clause 4, of this Article.

5. Suspension of the effectiveness of a decision on recognition of sale of plant varieties

When receiving information on plant varieties prescribed in Clause 5, Article 15 of the Law on Crop Production, the Department of Crop Production shall examine the information and issue a decision on suspension of the sale of plant varieties when obtaining sufficient evidence of the violation; and post such decision on its portal.

6. Restoration of a decision on recognition of sale of plant varieties

After the violations mentioned in Clause 5, Article 15 of the Law on Crop Production are remediated and such remediation is certified by a testing institution, an organization or individual shall send a request to the Department of Crop Production for restoration of the decision on recognition of sale of plant varieties. Within 10 working days after receiving the request, the Department of Crop Production shall conduct an appraisal and notify the restoration of the decision on recognition of sale of plant varieties and post such information on its portal. In case of refusal to restore the effectiveness of such decision, the Department of Crop Production shall issue a written reply, clearly stating the reason.

7. Cancellation of a decision on recognition of sale of plant varieties

a/ Within 10 working days after receiving information on the violation prescribed at Point a, d or dd, Clause 7, Article 15 of the Law on Crop Production, the Department of Crop Production shall check the information and issue a decision cancelling the decision on recognition of sale of plant varieties according to Form No. 08.CN provided in Appendix II to this Decree, and post such decision on its portal.

b/ When receiving the information prescribed at Point b, Clause 7, Article 15 of the Law on Crop Production, the Department of Crop Production shall check the information and issue a decision cancelling the decision on recognition of sale of plant varieties when having sufficient evidence of the violation, and post such decision on its portal.

Article 5.Dossier, order, procedures and competence for issuance, re-issuance or cancellation of decisions on recognition of exceptional sale of plant varieties

1. A dossier for issuance or re-issuance or a decision on recognition of exceptional sale of plant varieties must comprise:

a/ A request for recognition of exceptional sale of plant varieties, made by the concerned provincial-level Department of Agriculture and Rural Development according to Form No. 01.DC provided in Appendix III to this Decree.

b/ A description of the properties of plant varieties and use, made according to Form No. 02.DC provided in Appendix III to this Decree.

c/ A record of the handover of samples for storage.

d/ A request for re-issuance of a decision on recognition of exceptional sale of plant varieties, made according to Form No. 03.DC provided in Appendix III to this Decree, in case of request for re-issuance of a decision on recognition of exceptional sale of plant varieties.

2. Order, procedures and competence for issuance or re-issuance of a decision on recognition of exceptional sale of plant varieties:

a/ Within 10 working days after receiving a complete and valid dossier, the Department of Crop Production shall appraise the dossier and issue a decision on recognition of exceptional sale of plant varieties according to Form No. 04.DC provided in Appendix III to this Decree; in case of refusal, it shall issue a written reply, clearly stating the reason.

b/ A decision on recognition of exceptional sale of plant varieties shall be re-issued in case it is lost or damaged. Within 3 working days after receiving a request for re-issuance of a decision on recognition of exceptional sale of plant varieties, made according to Form No. 03.DC provided in Appendix III to this Decree, the Department of Crop Production shall re-issue a decision on recognition of exceptional sale of plant varieties according to Form No. 05.DC provided in Appendix III to this Decree; in case of refusal, it shall issue a written reply, clearly stating the reason.

3. Order, procedures and competence for cancellation of a decision on recognition of exceptional sale of plant varieties:

Within 10 working days after receiving information on the violation prescribed in Clause 7, Article 15 of the Law on Crop Production, the Department of Crop Production shall check the information and issue a decision cancelling the decision on recognition of exceptional sale of plant varieties according to Form No. 06.DC provided in Appendix III to this Decree, and post such decision on its portal.

Article 6.Dossier, order and procedures for self-declaration of sale of plant varieties

1. A dossier for self-declaration of sale of plant varieties must comprise:

a/ A self-declaration of sale of plant varieties, made according to the form provided in Appendix IV to this Decree.

b/ The process of cultivating plant varieties, prepared by the organization or individual making the self-declaration.

c/ A declaration of information on plant varieties, made according to Form No. 02.DC provided in Appendix II to this Decree.

2. Order and procedures for self-declaration of sale of plant varieties:

a/ Within 5 working days after receiving a complete and valid dossier from an organization or individual making the self-declaration of sale of plant varieties, the Department of Crop Production shall post relevant information on its portal. The organization or individual may produce or trade in plant varieties from the time the information is posted.

b/ If the dossier is not complete as required under Clause 1 of this Article, the Department of Crop Production shall notify such in writing to the organization or individual, clearly stating the reason.

Article 7.Dossier, order, procedures and competence for issuance, re-issuance or cancellation of decisions on recognition of plant variety testing organizations

1. A dossier for issuance of a decision on recognition of a plant variety-testing organization must comprise:

a/ A request for issuance of a decision on recognition of a plant variety-testing organization, made according to Form No. 01.KN provided in Appendix V to this Decree.

b/ Copies of diplomas and certificates of the person directly in charge of testing.

c/ Documents proving the sites, facilities and equipment for testing according to the national standards on testing of plant varieties.

2. A dossier for re-issuance of a decision on recognition of a plant variety-testing organization must comprise:

a/ A request for re-issuance of a decision on recognition of a plant variety-testing organization, made according to Form No. 02.KN provided in Appendix V to this Decree;

b/ A document evidencing the change, if any, in information relating to the testing organization in the decision on recognition of the plant variety-testing organization.

3. Order, procedures and competence for issuance or re-issuance of decisions on recognition of plant variety-testing organizations:

a/ Order, procedures and competence for issuance of a decision on recognition of a plant variety-testing organization: A dossier shall be sent to the Department of Crop Production; within 25 working days after receiving a complete and valid dossier, the Department of Crop Production shall appraise the dossier and assess the actual capacity of the plant variety-testing organization. If the testing organization fully satisfies the prescribed conditions, the Department of Crop Production shall issue a decision on recognition of the plant variety-testing organization according to Form No. 03.KN provided in Appendix V to this Decree, and post such decision on its portal; or notify the submitter if the dossier is incomplete. If the submitter fails to complete the dossier within 6 months after receiving the Department of Crop Production’s notice, it/he/she shall submit the dossier again under Clause 1 of this Article.

b/ Order, procedures and competence for re-issuance of a decision on recognition of a plant variety-testing organization: A dossier shall be sent to the Department of Crop Production; within 5 working days after receiving a complete and valid dossier, the Department of Crop Production shall re-issue a decision on recognition of the plant variety-testing organization according to Form No. 04.KN provided in Appendix V to this Decree, and post such decision and accompanying documents on its portal; in case of refusal, it shall issue a written reply, clearly stating the reason.

c/ Appraisal expenses must comply with the law on charges and fees.

4. Order, procedures and competence for cancellation of decisions on recognition of plant variety-testing organizations

Within 10 working days after receiving the information prescribed in Clause 3, Article 21 of the Law on Crop Production, the Department of Crop Production shall issue a decision cancelling the decision on recognition of the plant variety-testing organization according to Form No. 05.KN provided in Appendix V to this Decree when having sufficient grounds therefor; and post such decision on its portal.

Article 8.Specific provisions on conditions for production and trading of plant varieties

Organizations and individuals wishing to produce and trade in plant varieties must satisfy the conditions prescribed in Article 22 of the Law on Crop Production and comply with the following provisions:

1. Before trading in plant varieties, they shall send by email or directly or by post to the provincial-level Department of Agriculture and Rural Development of the locality where they wish to trade in plant varieties the following details: address, name of the owner or lawful representative, and telephone number of the trading establishment for being posted on the Department’s portal;

2. They must have dossiers ensuring the traceability of plant variety lots, including information on contracts and invoices on the purchase and sale of the lots; and documents on the quality of the lots and labels of plant varieties as prescribed in Article 10 of this Decree.

For industrial plant varieties and perennial fruit tree varieties, there must be additional information on sources of propagating materials used, announced applicable standards, quantity of seedlings, and time of delivery of seedlings.

Article 9.Dossier, order, procedures and competence for issuance, suspension, restoration and cancellation of decisions on recognition of elite plants or decisions on recognition of budwood orchards, industrial plants and perennial fruit trees asexually propagated

1. A dossier for issuance of a decision on recognition of elite plants or a decision on recognition of budwood orchards must comprise:

a/ A request for issuance of a decision on recognition of elite plants or a decision on recognition of budwood orchards, made according to Form No. 01.CDD provided in Appendix VI to this Decree.

b/ A report of results of selection of elite plants, made according to Form No. 02.CDD provided in Appendix VI to this Decree; or a report on results of establishing budwood orchards, made according to Form No. 03.CDD provided in Appendix VI to this Decree.

2. Order, procedures and competence for issuance of a decision on recognition of elite plants or a decision on recognition of budwood orchards:

a/ An organization or individual that registers for recognition of elite plants or budwood orchards shall send a dossier to the provincial-level Department of Agriculture and Rural Development of the locality where exist elite plants or budwood orchards requested for recognition.

b/ Within 15 working days after receiving a complete and valid dossier, the provincial-level Department of Agriculture and Rural Development shall issue a decision to form a board for appraisal of elite plants or budwood orchards. Such board must have at least 5 members being representatives of scientists and related management agencies and specialized agencies. Within 5 working days after being formed, the board shall appraise the dossier, and inspect elite plants or budwood orchards on the field.

c/ In case elite plants or budwood orchards fully satisfy the prescribed conditions, within 5 working days after completing the appraisal, the provincial-level Department of Agriculture and Rural Development shall issue a decision on recognition of elite plants or a decision on recognition of budwood orchards according to Form No. 04.CDD or Form No. 05.CDD provided in Appendix VI to this Decree; in case of refusal to issue such decision, the Department shall issue a written reply, clearly stating the reason.

3. Order, procedures and competence for suspension of decisions on recognition of elite plants or decisions on recognition of budwood orchards

a/ The provincial-level Department of Agriculture and Rural Development shall, on an annual or unscheduled basis, inspect the exploitation, use and protection of elite plants or budwood orchards.

b/ In case elite plants or budwood orchards fail to satisfy the quality requirements in national standards or local standards issued by the provincial-level Department of Agriculture and Rural Development, the inspection team shall make an inspection record.

c/ Within 5 working days after the date of making the inspection record, the provincial-level Department of Agriculture and Rural Development shall issue a decision on suspension of the decision on recognition of elite plants or decision on recognition of budwood orchards.

4. Order, procedures and competence for restoration of decisions on recognition of elite plants or decisions on recognition of budwood orchards

a/ Once elite plants or budwood orchards satisfy the quality requirements in relevant national standards or local standards, an organization or individual shall send a request to the provincial-level Department of Agriculture and Rural Development for restoration of the decision on recognition of elite plants or decision on recognition of budwood orchards.

b/ Within 5 working days after receiving the request, the provincial-level Department of Agriculture and Rural Development shall conduct an appraisal. If elite plants or budwood orchards conform with relevant national standards or local standards, the provincial-level Department of Agriculture and Rural Development shall issue a decision on restoration of the decision on recognition of elite plants or decision on recognition of budwood orchards. In case of refusal to restore such decision, the Department shall issue a written reply, clearly stating the reason.

5. Within 1 year after the suspension decision is issued, if the organization or individual fails to restore the quality of elite plants or budwood orchards up to relevant national standards or local standards, the provincial-level Department of Agriculture and Rural Development shall issue a decision on cancellation of the decision on recognition of elite plants or decision on recognition of budwood orchards.

Article 10.Labeling and advertising of plant varieties

1. The label of a plant variety must comply with the Government’s Decree No. 43/2017/ND-CP of April 14, 2017, on goods labeling, and have the following contents:

a/ Name of the plant variety.

b/ Grade of the plant variety as prescribed in the relevant national standard or a local standard, if no relevant national standard is available.

c/ Properties of the plant variety, including compulsory criteria stated in the national standard or local standard regarding the cultivation and use values; and quality of propagating materials stated in the national standard or local standard under Article 25 of the Law on Crop Production. In case of application of a local standard in the absence of the relevant national standard or national technical regulation, there must be sufficient information on the criteria stated in Form No. 02.CN provided in Appendix II to this Decree; and other voluntarily applied criteria on plant varieties (if any).

d/ Preservation and use instructions: It is necessary to state the conditions for preservation and scope of use of the plant variety regarding cropping season, geographical region, and the process of plant variety cultivation and care (to meet special requirements) in consistency with information provided in the dossier for issuance of a decision on recognition of sale of plant varieties or for self-declaration of sale of plant varieties.

dd/ Safety precaution information (if any).

e/ Quantitative criteria of the plant variety (volume of the plant variety or quantity of seedlings, bulbs or cuttings for propagation).

g/ Date of production and expiry date; the date of producing grafts is the date of grafting; the date of producing branches or cuttings for propagation is the date of cutting such branches or cuttings; the date of producing seeds or bulbs for propagation is the date of harvest; or the date of producing seedlings by the method of tissue culture is the date of bringing plantlets to nurseries.

h/ Name and address of the organization producing or importing the plant variety.

i/ Code for sale of the plant variety, for plant varieties accompanied by a decision on sale of plant varieties or an extended decision on sale of plant varieties.

k/ Origin of the plant variety: To write the phrase “produced in” followed by the name of the country or territory of production, for imported plant varieties.

l/ Code of the plant variety lot as stated in the dossier of origin tracing of the plant variety, which must comply with Appendix VII to this Decree.

m/ Information on genetically modified plants, for propagating materials of varieties of genetically modified plants.

2. Advertising of plant varieties:

a/ Plant varieties accompanied by decisions on recognition of sale or decisions on recognition of exceptional sale, and plant varieties self-declared for sale in Vietnam may be advertised in accordance with the advertising law.

b/ The contents of advertising plant varieties must be the same as those in decisions on recognition of sale of plant varieties or decisions on recognition of exceptional sale of plant varieties or declarations of information on plant varieties self-declared for sale.

3. For plant varieties imported for display at exhibitions or fairs, they shall be advertised according to the granted permits for their import.

Article 11.Dossiers, order and procedures for grant of permits for export of plant varieties under Clause 2, Article 28 of the Law on Crop Production

1. A dossier of application for a permit for export of plant varieties must comprise:

a/ An application for a permit for export of plant varieties, made according to Form No. 01.XK provided in Appendix VIII to this Decree.

b/ A technical declaration (to be submitted only once for every plant variety upon the first export), made according to Form No. 02.XK provided in Appendix VIII to this Decree.

c/ A copy of the business registration certificate or investment certificate, or of the people’s identity card or citizen identity card for an individual applicant.

d/ A copy of the foreign-language cooperation agreement together with its notarized Vietnamese translation, in case of export of plant varieties for research, testing or international cooperation.

dd/ A certificate or letter of invitation for display at a fair or an exhibition, issued by the fair or exhibition organizer, in case of export of plant varieties for display at fairs or exhibitions.

2. Order and procedures for grant of a permit for export of plant varieties:

a/ An applicant shall submit a dossier of application for a permit for export of plant varieties to the Department of Crop Production. Within 3 working days after receiving a complete dossier, the Department of Crop Production shall appraise the dossier and notify the applicant if the dossier needs to be completed. If the applicant fails to complete the dossier within 90 days after receiving the notice, it/he/she shall submit the dossier again under Clause 1 of this Article.

b/ Within 10 working days after receiving a complete and valid dossier, the Department of Crop Production shall appraise the dossier and grant a permit for export of plant varieties, made according to Form No. 03.XK provided in Appendix VIII to this Decree; and post such permit on the portals of the Ministry of Agriculture and Rural Development and Department of Crop Production. In case of refusal to grant such permit, the Department of Crop Production shall issue a written reply, clearly stating the reason.

Article 12.Dossier, order and procedures for grant of permits for import of plant varieties under Clause 2, Article 29 of the Law on Crop Production

1. A dossier for grant of a permit for import of plant varieties must comprise:

a/ An application for a permit for import of plant varieties, made according to Form No. 01.XK provided in Appendix IX to this Decree.

b/ A technical declaration (to be submitted only once for every plant variety upon the first import), made according to Form No. 02.XK provided in Appendix IX to this Decree.

c/ A copy of the cooperation agreement, in case of import of plant varieties for research, testing or international cooperation.

dd/ A certificate or letter of invitation for display at a fair or an exhibition, issued by the fair or exhibition organizer, in case of import of plant varieties for display at fairs or exhibitions.

2. Order and procedures for grant of a permit for import of plant varieties:

a/ Within 5 working days after receiving a complete dossier, the Department of Crop Production shall appraise the dossier and notify the applicant if the dossier needs to be completed. If the applicant fails to complete the dossier within 90 days after receiving the notice, it/he/she shall re-submit the dossier under Clause 1 of this Article.

b/ Within 10 working days after receiving a complete and valid dossier, the Department of Crop Production shall appraise the dossier and grant a permit for import of plant varieties, made according to Form No. 03.XK provided in Appendix VIII to this Decree; and post relevant information on the portals of the Ministry of Agriculture and Rural Development and Department of Crop Production. In case of refusal to grant such permit, the Department of Crop Production shall issue a written reply, clearly stating the reason.

3. For genetically modified plant varieties which are imported for testing to be registered for issuance of a decision on recognition of sale of plant varieties, after a biosafety certificate or certificate of genetically modified plants eligible to be used as food or animal feeds is granted under the law on biodiversity, they must comply with Clauses 1 and 2 of this Article, Article 4 of this Decree, and Article 15 of the Law on Crop Production.

Chapter III

CULTIVATION

Article 13.Restructuring of crops on rice cultivation land

1. The restructuring of crops on rice cultivation land must comply with Clause 1, Article 56 of the Law on Crop Production and the following provisions:

a/ It must comply with the competent authority-approved plan on restructuring of crops.

b/ It may not cause the loss of conditions for restoring rice cultivation; may not cause deformation of the ground or pollution or deterioration of land for rice cultivation; or may not damage traffic works or hydraulic structures serving rice cultivation.

c/ In case of shifting from mere rice cultivation to rice cultivation combined with aquaculture, it is allowed to lower up to 20% of the land area for aquaculture to a maximum depth of 120 centimeters below the field’s surface.

2. Formulation of plans on restructuring of crops on rice cultivation land:

a/ The Ministry of Agriculture and Rural Development shall, based on the request of the provincial-level People’s Committee and land use master plan and plan approved by competent state agencies, issue a plan on restructuring of crops on rice cultivation land across the country, made according to Form No. 01.CD provided in Appendix X to this Decree.

b/ The provincial-level People’s Committee shall, based on the plan on restructuring of crops on rice cultivation land nationwide, request of the district-level People’s Committee, and the province’s land use master plan and plan, issue a plan on restructuring of crops on rice cultivation land across the province, made according to Form No. 02.CD provided in Appendix X to this Decree.

c/ The district-level People’s Committee shall, based on the plan on restructuring of crops on rice cultivation land across the province, request of the commune-level People’s Committee, and the district’s land use master plan and plan, issue a plan on restructuring of crops on rice cultivation land across the district, made according to Form No. 02.CD provided in Appendix X to this Decree.

d/ The commune-level People’s Committee shall, based on the needs for restructuring of crops on rice cultivation land in the locality and district-level People’s Committee’s plan on restructuring of crops on rice cultivation land, issue a plan on restructuring of crops on rice cultivation land in the locality, made according to Form No. 03.CD provided in Appendix X to this Decree.

3. Order, procedures and competence for restructuring crops on rice cultivation land:

a/ Domestic organizations, households and individuals and foreign organizations and individuals that are lawfully using land areas for rice cultivation and wish to shift to growing annual plants or growing rice in combination with aquaculture; and domestic households and individuals that are lawfully using land areas for rice cultivation and wish to shift to growing perennial plants shall send a registration to the commune-level People’s Committee, made according to Form No. 04.CD provided in Appendix X to this Decree.

b/ If finding the registration invalid, within 3 working days after receiving it, the commune-level People’s Committee shall guide the registering individual or organization to supplement it.

c/ If finding the registration valid and conformable to the commune-level People’s Committee’s plan on restructuring of crops on rice cultivation land, within 5 working days after receiving it, the commune-level People’s Committee shall write the words “Approving the restructuring” in the registration, append its seal in the registration, record it in the monitoring book, and send it back to the land user.

d/ In case of disapproval, the commune-level People’s Committee shall issue a written reply according to Form No. 05.CD provided in Appendix X to this Decree.

4. A state agency competent to approve plans on restructuring of crops on rice cultivation land shall guide, inspect and supervise the restructuring and report on restructuring results under regulations.

5. Rice cultivation land undergoing crop restructuring under this Article shall be listed as rice cultivation land.

Article 14.Protection and use of the topsoil of wet rice cultivation land

The protection and use of the topsoil of wet rice cultivation land must comply with Article 57 of the Law on Crop Production and the following provisions:

1. Organizations and individuals that build works on land previously used for wet rice cultivation which affect the topsoil shall unstick and separate such topsoil for use for agricultural purposes.

2. The thickness of the topsoil to be unstuck and separated is 20-25 centimeters measured from the ground surface.

3. Organizations and individuals that build works on land previously used for wet rice cultivation shall prepare a plan on use of the topsoil according to the form provided in Appendix XI to this Decree. Such plan shall be included in the dossier for land use purpose change.

4. A state agency competent to permit the shift from wet rice cultivation to construction of works shall inspect and supervise the unsticking and separation and use of the topsoil.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 15.Effect

1. This Decree takes effect on February 1, 2020.

2. This Decree annuls:

a/ Article 4 of the Government’s Decree No. 35/2015/ND-CP of April 13, 2015, on the management and use of rice cultivation land.

b/ Clauses 1 and 2, Article 1 of the Government’s Decree No. 62/2019/ND-CP of July 11, 2019, amending and supplementing a number of articles of the Government’s Decree No. 35/2015/ND-CP of April 13, 2015, on the management and use of rice cultivation land.

c/ The Minister of Agriculture and Rural Development’s Decision No. 95/2007/QD-BNN of November 27, 2007, promulgating the Regulation on recognition of new agricultural plant varieties.

d/ The Minister of Agriculture and Rural Development’s Circular No. 18/2012/TT-BNNPTNT of April 26, 2012, on the management of the production and trading of industrial plant varieties and perennial fruit tree varieties.

Article 16.Transitional provisions

1. Labels of plant varieties and packages affixed with labels under the 2004 Ordinance on Plant Varieties which are made and printed before the effective date of this Decree may continue to be used for not more than 2 years from the effective date of this Decree.

2. Testing laboratories designated before the effective date of this Decree may continue to operate through December 31, 2020.

3. Plant varieties which are included in the list of plant varieties permitted for production and trading issued by the Minister of Agriculture and Rural Development but not accompanied by a decision on recognition of new plant varieties may continue to be produced and traded through December 31, 2022.

4. In case no national standard or local standard is available for plant varieties which are registered for selection and recognition of elite plants or budwood orchards, provincial-level Departments of Agriculture and Rural Development shall establish and issue criteria for selection for recognition of elite plants or budwood orchards.

5. For plant varieties for which decisions on recognition of trial production are issued before the effective date of this Decree, it is required to add results of controlled testing and results of testing the distinctness, uniformity and stability for recognition of their sale.

6. The recognition of medicinal plant varieties prescribed in Article 4 of the Government’s Decree No. 65/2017/ND-CP of May 19, 2017, on special policies for varieties, capital and technology for developing the growth and exploitation of medicinal plants, must comply with the Law on Crop Production and this Decree from the effective date of this Decree.

Article 17.Organization of implementation

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 Decree are not translated.