THE PRESIDENT
Order No. 10/2018/L-CTN dated December 3, 2018 of the President on the promulgation of law
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;
Pursuant to Article 80 of the Law on Promulgation of Legal Documents,
PROMULGATES:
The Law on Crop Production,
which was passed on November 19, 2018, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 6thsession.
President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG
THE NATIONAL ASSEMBLY
Law No. 31/2018/QH14 of the National Assembly on Crop Production[1]
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Crop Production.
Chapter I
GENERAL PROVISIONS
Article 1.Scope of regulation
This Law prescribes crop production activities; rights and obligations of organizations and individuals engaged in crop production activities; and state management of crop production.
Article 2.Interpretation of terms
In this Law, the terms below are construed as follows:
1.Crop productionmeans a techno-economic branch in agriculture related to the growing of agricultural crops, ornamental plants and edible mushrooms for human use.
2.Crop production activitiesinclude activities related to plant varieties; fertilizers; cultivation; harvest, preliminary processing, preservation, processing, trading and quality management of crop products.
3.Cultivationmeans the process by which humans use natural resources and agricultural equipment and supplies and apply production processes to create different crop products.
4.Crop productsmeans the harvested parts of agricultural crops, ornamental plants and edible mushrooms.
5.Plant varietymeans a population of plants that is distinguishable from other populations of plants through the expression of at least one trait which can be passed to the next generation; is uniform in morphological characteristics and stable over various cycles of propagation; and has the value for cultivation or use. Plant varieties include agricultural plant varieties, medicinal plant varieties, ornamental plant varieties and edible mushroom varieties.
6.Propagating materialmeans a plant or its part, edible mushroom or its part that can develop into a new individual and can be used for propagation or planting.
7.Major plant speciesmeans a plant species that is grown prevalently, is important for economic development, and needs to be strictly managed.
8.Annual plantmeans a plant that is grown and harvested and completes its production cycle within one year, including annual plants the root of which is retained.
9.Perennial plantmeans a plant that is planted once, grows over many years and is harvested once or multiple times.
10.Distinctness of a plant varietymeans the clear distinguishability of a plant variety from widely known plant varieties.
11.Uniformity of a plant varietymeans the same expression of the plant variety for relevant characteristics, except deviations within the allowable limits for certain particular characteristics in the propagation process.
12.Stability of a plant varietymeans the stable expression of relevant characteristics as initially described, which remain unchanged after each propagation season or after each propagation cycle in case of cycle-specific propagation.
13.Plant variety testingmeans the monitoring and assessment of indicators to determine the distinctness, uniformity, stability and cultivation and use values of plant varieties according to certain methods.
14.Controlled testingmeans the test on a plant variety in an artificial environment so that the plant variety can express all characteristics of resistance to pests and unfavorable conditions.
15.Fertilizer testingmeans the monitoring and assessment of indicators to determine the mode of use, environmental impact, agronomic efficiency and economic efficiency of each fertilizer product.
16.Narrow-field testingmeans the test which takes place on a small field or plot, is repeated and conducted in conformity with national standards on testing methods for tested objects.
17.Wide-field testingmeans the test which takes place on a large field or plot, is not repeated and is conducted in conformity with national standards on testing methods for tested objects.
18.Elite plantmeans the best plant which is selected and recognized among a plant variety’s population.
19.Budwood orchardmeans a garden of plants propagated from elite plants or a tested and recognized orchard established by an organization or individual.
20.Fertilizermeans a product that provides nutrients or improves the soil to increase crop yield and quality.
21.Fertilizer quality indicatormeans a technical specification regarding properties, ingredients and contents of a fertilizer product that reflect its quality as prescribed in relevant applicable technical regulations and standards.
22.Nutrient element in a fertilizermeans a chemical element necessary for the growth and development of plants.
Article 3.Principles of crop production activities
1. Developing crop production according to value chains, in a market-driven manner, and in conformity with crop production development strategies and master plans and plans on use of land and other resources; creating favorable conditions for the development of cooperation and association in production and the establishment of areas for concentrated commodity production, contract-based production and production with certified quality; ensuring food security; ensuring the harmony between the interests of the State and those of organizations and individuals.
2. Making effective, economical and sustainable use of natural resources and infrastructure facilities; using agricultural supplies in a safe and efficient manner.
3. Complying with standards and technical regulations on soil and water environmental quality and production processes; ensuring food safety, biosafety, epidemic safety and environmental protection.
4. Promoting regional advantages in association with conserving specialty and indigenous plant varieties; protecting sustainable cultivation systems, heritage sites, landscapes and agricultural culture in association with eco-tourism development and new-countryside building.
5. Taking the initiative in forecasting, preventing and controlling natural disasters and plant pests; adapting to climate change.
6. Meeting international integration requirements; complying with treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 4.State policies on crop production activities
1. The State shall invest in the following activities:
a/ Collection of statistics on, survey, and building of databases on crop production activities; market information and forecasting; development of crop production development strategies; formulation of standards and technical regulations concerning crop production activities;
b/ Building and upgrading of material facilities and equipment for public science and technology organizations conducting policy and basic researches in crop production;
c/ Science and technology activities specified at Points a and b, Clause 2, Article 6 of this Law;
d/ Training of agricultural extension workers in geographical areas with difficult or extremely difficult socio-economic conditions.
2. In each period and within the capacity of the state budget, the State shall support the following activities:
a/ Production partnership and formation of concentrated commodity production areas and organic cultivation zones; crop restructuring; cultivation on the sloping land, low-lying land, alkaline soil, coastal saline soil and sandy soil, and land prone to desertification; development of material areas serving processing factories; management of crop production zones and origin tracing;
b/ Science and technology activities specified at Point c, Clause 2, Article 6 of this Law;
c/ Application of advanced quality control systems and crop product certification;
d/ Construction of infrastructure facilities, analysis and assessment of initial crop production conditions, agrochemical and soil assessment for concentrated commodity production; building of infrastructure facilities for crop product preservation and processing; production of organic fertilizers and bio-products; organic farming; mechanization; national laboratories and international inter-laboratory testing;
dd/ Planned rice production;
e/ Production of super prototypal varieties, prototypal varieties and parental varieties for production of F1 hybrid seeds, original varieties and new commercial varieties; revitalization of specialty and indigenous plant varieties; preservation of elite plants; protection and development of budwood orchards; import of new plant varieties, transfer of plant variety property rights;
g/ Construction of wholesale markets for crop products; branding, trade promotion, development of outlet markets for crop products;
h/ Restoration of crop production after it is affected by natural disasters or epidemics;
i/ Training of human resources; transfer of scientific and technical advances, and agricultural extension in crop production.
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 association in research and development, trading, provision of technical services, technology transfer and related activities in crop production;
b/ Socialization of public services in crop production; building of conformity assessment capacity;
c/ Agricultural insurance in crop production;
d/ Organic farming, farming combined with eco-tourism, landscape protection, culture and history in rural areas;
dd/ Use of organic fertilizers.
Article 5.Crop production development strategy
1. The crop production development strategy shall be developed for every 10 years with a vision toward 20 years in conformity with the socio-economic development strategy and relevant master plans and plans.
2. The crop production development strategy must set forth crop production development viewpoints, guiding principles, visions, objectives, tasks and solutions and organization of implementation of crop production development tasks nationwide.
3. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies and provincial-level People’s Committees in, formulating the crop production development strategy and submitting it to the Prime Minister for approval.
Article 6.Science and technology activities in crop production
1. Science and technology activities in crop production shall be carried out in accordance with this Law and the laws on science and technology and technology transfer.
2. The following science and technology activities in crop production are eligible for the State’s investment or investment support:
a/ Studying mechanisms and policies in crop production; selecting and breeding high-quality plant varieties which can resist pests and adapt to climate change; making use of useful organisms; developing organic fertilizers, bio-products and cultivation techniques, and environmental protection in crop production; conducting researches into soil science, crop nutrition and postharvest technologies;
b/ Collecting, storing, conserving and making use of genetic resources of precious and rare plant varieties, specialty plant varieties and indigenous plant varieties; building plant gene banks;
c/ Carrying out research and development and application of high technologies, advanced technologies and new technologies in crop cultivation, preservation and processing activities; organic farming and cultivation practices adaptable to climate change.
Article 7.International cooperation on crop production
1. The State of the Socialist Republic of Vietnam shall implement international cooperation in crop production with foreign countries, territories and international organizations on the basis of equality, mutual benefit, respect for national independence and sovereignty and law of each party and international law.
2. Prioritized contents of international cooperation on crop production include:
a/ Scientific research and transfer of technologies related to plant varieties, agricultural supplies, crop production processes and technologies, postharvest technologies, information exchange and genetic resources of plant varieties;
b/ Training of high-quality workers in crop production;
c/ Investment cooperation, production connection, forecast and development of outlets for crop products;
d/ Establishment and mutual recognition of quality certification systems in crop production.
3. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies and provincial-level People’s Committees in, implementing international cooperation on crop production.
Article 8.National crop production database
1. The national crop production database is an information system relating to crop production which is established in a uniform manner from the central to local level and is standardized for update, operation and management by means of information technology.
2. The national crop production database includes:
a/ Database of legal documents and directive documents relating to crop production;
b/ Crop production, preservation, processing and trading database;
c/ Database of scientific research and technological development results, standards and technical regulations; database of soil nutrition and use of farming land; database of plant varieties, fertilizers and irrigation water;
d/ Other crop production databases.
3. Organizations and individuals shall provide information, update and utilize the national crop production database in accordance with law.
4. The Minister of Agriculture and Rural Development shall prescribe the provision of information, update, utilization and management of the national crop production database.
Article 9.Prohibited activities in crop production
1. Producing, trading in and importing plant varieties which have not obtained a circulation recognition decision or not been self-declared for circulation, unless otherwise permitted by competent agencies.
2. Producing, trading in and importing fertilizers which have not yet obtained a circulation recognition decision in Vietnam, except the import of fertilizers specified in Clause 2, Article 44 of this Law, and the production of fertilizers for export under contracts with foreign organizations or individuals.
3. Producing and trading in plant varieties that fail to meet production and trading requirements; producing and trading in fertilizers without a certificate of eligibility for fertilizer production and trading.
4. Producing, trading in and importing plant varieties, fertilizers, other agricultural supplies and crop products which are counterfeit, have expired or are of unknown origin.
5. Providing information on plant varieties and fertilizers which is inconsistent with information already approved by competent authorities or with self-declared information.
6. Illegally providing such services as testing, trial and inspection of plant variety-growing fields, and assessment and certification of the quality of plant varieties, crop products and fertilizers.
7. Providing wrong or forged results of testing, trial and inspection of plant variety-growing fields, inspection, assessment and certification of quality and standard or regulation conformity of agricultural supplies and crop products.
8. Illegally exporting plant varieties which are on the list of genetic resources of plant varieties prohibited from export.
9. Performing farming practices that are harmful to crops, animals and human health; causing environmental pollution, degradation and depletion of land, water resources and biodiversity.
10. Illegally exploiting and using the topsoil of wet rice cultivation land for non-agricultural purposes.
Chapter II
PLANT VARIETIES
Section 1
RESEARCH, EXPLOITATION, USE AND CONSERVATION OF GENETIC RESOURCES OF PLANT VARIETIES
Article 10.Research in selection and breeding of, and transfer of technologies related to, genetic resources of plant varieties
1. Researches in selection and breeding of, and transfer of technologies related to, genetic resources of plant varieties shall be conducted in accordance with the laws on science and technology, technology transfer, and biodiversity.
2. Priority shall be given to researches in selection and breeding of genetic resources of plant varieties specified at Points a and b, Clause 2, Article 6 of this Law.
Article 11.Exploitation and utilization of genetic resources of plant varieties
1. Genetic resources of plant varieties include genetic resources of plant varieties which have obtained a circulation recognition decision or been self-declared for circulation; and plant varieties which are common in crop production, specialty plant varieties, indigenous plant varieties and imported plant varieties which have not yet obtained a circulation recognition decision or not yet been self-declared for circulation.
2. The exploitation and utilization of genetic resources of plant varieties must comply with this Law and the law on biodiversity.
Article 12.Conservation of genetic resources of plant varieties
1. Conservation of genetic resources of plant varieties includes the following activities:
a/ Investigating, collecting, storing, and building a bank of, genetic resources of plant varieties;
b/ Decoding genes, assessing agronomic and biological indicators and use value of genetic resources of plant varieties;
c/ Establishing and sharing data, documentary information systems and genetic resources of plant varieties.
2. The Government shall prescribe in detail the conservation of genetic resources of plant varieties and promulgate the list of genetic resources of plant varieties prohibited from export.
Section 2
RECOGNITION AND SELF-DECLARATION OF CIRCULATION OF PLANT VARIETIES
Article 13.General requirements on recognition and self-declaration of circulation of plant varieties
1. Plant varieties belonging to major plant species may be produced, traded in, exported or imported only after obtaining a decision on recognition of circulation of plant varieties under Article 15 of this Law, or a decision on exceptional recognition of circulation of plant varieties under Article 16 of this Law, except cases of research, testing, exhibition, international exchange or production of hybrid seeds for export.
2. Plant varieties not belonging to major plant species may be produced, traded in, exported or imported only after organizations or individuals have self-declared the circulation of plant varieties under Article 17 of this Law, except cases of research, testing, advertising, exhibition, international exchange or production of hybrid seeds for export. In case organizations and individuals wish to obtain a decision on recognition of circulation of plant varieties, they shall comply with Article 15 of this Law; or if wishing to obtain a decision on exceptional recognition of circulation of plant varieties, they shall comply with Article 16 of this Law.
3. Vietnamese organizations and individuals and foreign organizations and individuals whose representative offices or branches are engaged in plant variety-related activities in Vietnam have the right to register under their own names for obtaining a decision on recognition of circulation or to self-declare circulation of plant varieties.
4. The issuance of a decision on recognition of circulation of plant varieties shall be effected concurrently with the grant of the plant variety patent if organizations or individuals registering under their own names for recognition of circulation of plant varieties so request and satisfy the conditions on the protection of plant varieties prescribed in the law on intellectual property.
5. Plant varieties belonging to major plant species shall be tested by accredited independent testing organizations (below referred to as plant variety testing organizations) before the issuance or extension of a decision on recognition of circulation of plant varieties, except plant varieties eligible for issuance of a decision on exceptional recognition of circulation of plant varieties under Article 16 of this Law.
Ornamental plant varieties belonging to major plant species are not subject to testing under Clause 2, Article 18 of this Law.
6. In each period, the Minister of Agriculture and Rural Development shall promulgate, amend and supplement the list of major plant species.
Article 14.Names of plant varieties
1. The name of a plant variety may not be accepted in the following cases:
a/ It includes numerals only;
b/ It violates the nation’s historical, cultural or moral traditions and fine customs and practices;
c/ It is read or written the same as the name of a national leader, hero or personality or of a food, beverage or pharmaceutical;
d/ It is made wholly or partly from 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 it is so approved by the concerned agency, organization or unit;
dd/ It easily causes misunderstanding about the particulars or characteristics of that plant variety;
e/ It easily causes misunderstanding about the author’s name;
g/ It is the same as the protected name of a plant variety.
2. Traders in plant variety-propagating materials shall use the plant variety’s name written in the decision on recognition of circulation of plant varieties or the self-declaration of circulation of plant varieties.
3. In order for the name of a plant variety to be used in combination with a brand name, trade name or indications similar to the name of a plant variety already recognized for circulation or declared for circulation for production or trading purpose, such name must be easily identifiable.
Article 15.Issuance, re-issuance, extension, suspension, restoration and cancellation of decisions on recognition of circulation of plant varieties
1. Conditions for issuance of a decision on recognition of circulation of a plant variety:
a/ The plant variety’s name is available;
b/ Testing results show the distinctness, uniformity and stability of that plant variety;
c/ Testing results show that the plant variety reaches the national standards on cultivation and use values;
d/ The plant variety’s samples are preserved in accordance with Article 20 of this Law;
dd/ There is a declaration of information about the plant variety and production process prepared by the organization or individual registering for issuance of the decision.
2. A decision on recognition of circulation of an annual plant variety or a perennial plant variety is valid for 10 years or 20 years, respectively, and may be extended.
3. A decision on recognition of circulation of a plant variety may be re-issued in the following cases:
a/ It is lost or damaged;
b/ Its information has been changed or supplemented.
4. A decision on recognition of circulation of a plant variety may be extended when:
a/ The concerned organization or individual makes a request for such extension; and,
b/ The result of the controlled testing prescribed at Point a, Clause 2, Article 18 of this Law shows that the plant variety conforms with the national standards on cultivation and use values.
5. A decision on recognition of circulation of a plant variety may be suspended if the plant variety fails to maintain the uniformity or stability or the same cultivation or use value as determined at the time of issuance of the decision.
6. A suspended decision on recognition of circulation of a plant variety may be restored if the decision holder has managed to correct the failure specified in Clause 5 of this Article.
7. A decision on recognition of circulation of a plant variety may be cancelled in the following cases:
a/ The dossier of registration for recognition of circulation of the plant variety is found to be fraudulent;
b/ The distinctness of the plant variety has not been maintained as at the time of issuance of the decision;
c/ The failure referred to in Clause 5 of this Article has not been remedied;
d/ The decision holder has been subject to an administrative sanction for a plant variety-related violation and repeats such violation;
dd/ The decision holder commits another violation that is subject to cancellation of such decision in accordance with law.
8. The Government shall prescribe dossiers of registration and the order, procedures and competence to issue, re-issue, extend, suspend, restore and cancel decisions on recognition of circulation of plant varieties.
Article 16.Issuance of decisions on exceptional recognition of circulation of plant varieties
1. Conditions for issuance of a decision on exceptional recognition of circulation of a plant variety:
a/ The plant variety is a specialty or indigenous one, or has existed in production for a long time and is requested for issuance of such decision by local people;
b/ There is a written description of the characteristics and use status of the plant variety;
c/ The plant variety’s samples are preserved under Article 20 of this Law.
2. For decisions on exceptional recognition of circulation of plant varieties referred to in Clause 1 of this Article, the provisions of Clauses 2, 4, 5 and 6 Article 15 of this Law shall not be applied.
3. The Government shall prescribe dossiers of application for and the order, procedures and competence to issue, re-issue and cancel decisions on exceptional recognition of circulation of plant varieties.
Article 17.Self-declaration of circulation of plant varieties
1. Conditions for self-declaration of circulation of plant varieties:
a/ The plant variety’s name is available;
b/ The plant variety has the cultivation or use value conforming with the national standards applicable to plant species eligible for self-declaration of circulation; in the absence of such national standards, in-house standards may be applied;
c/ A declaration of information about the plant variety and production process is prepared by the organization or individual that makes self-declaration of circulation.
2. Organizations and individuals that make self-declaration of circulation of plant varieties must be responsible for the accuracy of provided information.
3. The Government shall prescribe dossiers, order and procedures for self-declaration of circulation of plant varieties.
Section 3
PLANT VARIETY TESTING
Article 18.Contents of a plant variety testing
1. Testing of a plant variety in terms of its distinctness, uniformity and stability.
2. Testing of a plant variety in terms of its cultivation or use value, including:
a/ Controlled testing;
b/ Narrow-field testing;
c/ Wide-field testing.
Article 19.General requirements on plant variety testing
1. Plant variety tests referred to in Clause 1, and at Point a, Clause 2, Article 18 of this Law shall only be conducted at one fixed location.
2. Plant variety tests referred to at Points b and c, Clause 2, Article 18 of this Law shall be conducted in a specific region. The plant variety that is tested in a region shall be issued a decision on recognition of circulation of a plant variety in that region.
3. Testing methods and determination of regions for plant variety tests shall be prescribed in national standards on testing methods applicable to plant species subject to testing.
4. Gardens of perennial plant varieties established by organizations and individuals registering under their own names for recognition of circulation of these plant varieties in accordance with national standards on plant variety testing methods may be used for assessing necessary indicators.
5. Narrow-field and wide-field tests shall be conducted concurrently.
6. The genome sequencing method shall be used in place of the distinctness testing method in order to check the trueness to variety.
7. Before testing genetically modified plant varieties, a risk assessment shall be conducted in accordance with the law on biodiversity.
Article 20.Storage of plant variety samples
1. The samples of a plant variety used for registration for the circulation of that plant variety shall be stored throughout the period of testing and circulation of that plant variety (below referred to as stored samples) under the management by a specialized crop production management agency.
2. Storage of plant variety samples shall be carried out in one of the following forms:
a/ Storage of plant variety-propagating materials;
b/ Storage of plant variety genome sequencing data;
c/ Storage of both plant variety propagating-materials and genome sequencing data.
3. Stored samples may be used in the following cases:
a/ For testing, as control plant variety or similar plant variety or typical plant variety in tests;
b/ For testing and quality inspection of a plant variety;
c/ For inspection, examination, and handling of disputes related to plant varieties.
4. The Minister of Agriculture and Rural Development shall detail this Article.
Article 21.Issuance, re-issuance and cancellation of decisions on recognition of plant variety testing organizations
1. Conditions for issuance of a decision on recognition of a plant variety testing organization:
a/ A person directly in charge of testing possesses a university or higher degree in plant, plant protection or biology specialty;
b/ The plant variety testing organization owns or hires locations, facilities and equipment appropriate for performing tests in conformity with national standards on testing of plant varieties on the plant species subject to testing.
2. A decision on recognition of a plant variety testing organization may be re-issued in the following cases:
a/ It is lost or damaged;
b/ Information relating to the plant variety testing organization written in the decision has been changed or supplemented.
3. A decision on recognition of a plant variety testing organization may be cancelled in the following cases:
a/ Its contents are tampered with;
b/ Forged papers and false information are found in the dossier of registration for recognition of the plant variety testing organization;
c/ The plant variety testing organization has committed a violation that is subject to cancellation of the decision under law;
d/ The decision holder no longer meets one of the conditions specified in Clause 1 of this Article;
dd/ The decision holder has been subject to an administrative sanction for a plant variety testing-related violation and repeats such violation.
4. The Government shall prescribe dossiers, order and procedures and competence to issue, re-issue and cancel decisions on recognition of plant variety testing organizations.
Section 4
PRODUCTION OF AND TRADING IN PLANT VARIETIES
Article 22.Conditions for production of and trading in plant varieties
1. Plant variety producers must meet the following conditions:
a/ Owning plant varieties or being authorized by other organizations or individuals owning plant varieties and obtaining a decision on recognition of circulation of plant varieties or having self-declared the circulation of plant varieties;
b/ Owning or hiring locations, facilities and equipment satisfying national standards on methods of production of plant varieties; in the absence of such national standards, in-house standards may be applied.
2. Plant variety traders must have a lawful business location and ensure that the origin of plant variety batches may be traced.
3. The Government shall detail this Article.
Article 23.Production of plant varieties
1. Production of plant varieties may be carried out by employing the sexual propagation method or asexual propagation method satisfying national standards on plant variety production; in the absence of such national standards, in-house standards may be applied.
2. Plants or gardens providing asexual propagation materials and multi-trait hybrid seeds of perennial fruit trees and perennial industrial plants must obtain a decision on recognition of elite plants or a decision on recognition of budwood orchards in accordance with Article 24 of this Law.
Article 24.Issuance, suspension, restoration and cancellation of decisions on recognition of elite plants or decisions on recognition of budwood orchards
1. A plant may obtain a decision on recognition of elite plants after undergoing a selection process according to national standards on the quality of elite plants. In the absence of such national standards, specialized crop production management agencies shall issue in-house standards for application.
2. An orchard may obtain a decision on recognition of budwood orchards after undergoing an appraisal process according to national standards on the quality of budwood orchards. In the absence of such national standards, specialized crop production management agencies shall issue in-house standards for application.
3. The quality of elite plants or budwood orchards shall be managed according to national standards or in-house standards on the quality of elite plants and budwood orchards as prescribed in Clauses 1 and 2 of this Article.
4. A decision on recognition of elite plants or a decision on recognition of budwood orchards may be suspended if such plants or orchards no longer meet national standards or in-house standards on the quality of elite plants or budwood orchards.
5. A decision on recognition of elite plants or a decision on recognition of budwood orchards may be restored if the quality of such plants or orchards satisfies national standards or in-house standards on the quality of elite plants or budwood orchards.
6. A decision on recognition of elite plants or a decision on recognition of budwood orchards may be cancelled if it has not been restored under Clause 5 of this Article after being suspended under Clause 4 of this Article.
7. The Government shall prescribe dossiers, order, procedures and competence to issue, suspend, restore and cancel decisions on recognition of elite plants and decisions on recognition of budwood orchards.
Section 5
MANAGEMENT OF QUALITY OF PLANT VARIETIES
Article 25.General requirements concerning management of quality of plant varieties
1. The management of quality of plant varieties covers the management of quality of plant varieties and the management of quality of propagating materials in accordance with this Law and the law on product and goods quality.
2. The quality of plant varieties shall be managed according to national standards or in-house standards applied to specific plant species as prescribed at Point c, Clause 1, Article 15, and Point b, Clause 1, Article 17, of this Law.
3. The quality of propagating materials shall be managed as follows:
a/ Materials for propagating varieties of plants belonging to the major plant species are group-2 products or goods prescribed by the law on product and goods quality. The quality of materials for propagating varieties of major plant species shall be managed based on national technical regulations on the quality of plant variety-propagating materials and standards declared to be applied by producers or importers;
b/ Materials for propagating varieties of plants not belonging to the major plant species are group-1 products or goods prescribed by the law on product and goods quality. The quality of materials for propagating varieties of plants not belonging to major plant species shall be managed based on standards on the quality of plant variety-propagating materials declared to be applied by organizations and individuals.
Article 26.Inspection of plant variety-growing fields, sampling of plant variety-propagating materials
1. The inspection of plant variety-growing fields shall be conducted during the production of plant varieties according to national standards on methods of inspection of plant variety-growing fields and by persons who have been trained in such inspection.
2. Sampling of plant variety-propagating materials shall be carried out according to national standards on methods of sampling of plant varieties and by persons who have been trained in such sampling.
3. The Minister of Agriculture and Rural Development shall detail this Article.
Article 27.Labeling and advertising of plant varieties
1. Plant variety labeling and advertising shall be carried out in accordance with this Law, the commercial law and the law on advertising.
2. Information shown on labels and advertisements of plant varieties must be compatible to information provided in the dossier of registration for issuance of a decision on recognition of circulation of plant varieties and certified by a competent agency, or to information self-declared for circulation of plant varieties.
3. The Government shall detail this Article.
Section 6
EXPORT AND IMPORT OF PLANT VARIETIES
Article 28.Export of plant varieties
1. A plant variety which has obtained a decision on recognition of circulation or been self-declared for circulation, and is not on the list of genetic resources of plant varieties prohibited from export may be exported in accordance with the commercial law and the law on foreign trade management.
2. A plant variety and hybrid seeds of a plant variety which have not yet obtained a decision on recognition of circulation or have not been self-declared for circulation, and are not on the list of genetic resources of plant varieties prohibited from export may be exported for research, testing, advertising, exhibition and non-commercial international exchange purposes with the permission of the Ministry of Agriculture and Rural Development.
3. The Government shall prescribe dossiers, order and procedures for grant of permits for export of plant varieties as prescribed in Clause 2 of this Article.
Article 29.Import of plant varieties
1. A plant variety and seeds of parental plants for production of hybrid seeds of a plant variety which have obtained a decision on recognition of circulation or been self-declared for circulation; and seeds of parental plants for production of hybrid seeds for export may be imported in accordance with the commercial law and the law on foreign trade management.
In case of import of plant varieties for trading purposes, documents and materials meeting the requirements laid down in Clause 1, Article 23, and Clause 1, Article 26, of this Law shall be submitted.
2. A plant variety which has not yet obtained a decision on recognition of circulation or has not been self-declared for circulation may be imported only for research, testing, advertising, exhibition and international exchange purposes with the permission of the Ministry of Agriculture and Rural Development.
3. A plant variety imported for production or trading purpose must be subject to the state inspection of quality conducted by the specialized crop production management agency under the Ministry of Agriculture and Rural Development, and must satisfy quality requirements, except in the following cases:
a/ Seeds of parental plants are used for production of hybrid seeds of plant varieties;
b/ Plant varieties which have not yet obtained a decision on recognition of circulation or have not been self-declared for circulation are imported under Clause 2 of this Article;
c/ Plant varieties are temporarily imported for re-export, or in transit or border-gate transfer;
d/ Plant varieties are consigned to bonded warehouses.
4. The Minister of Agriculture and Rural Development shall prescribe the order and procedures for the state inspection of the quality of imported plant varieties.
5. The Government shall prescribe dossiers, order and procedures for grant of permits for import of plant varieties.
Section 7
RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS ENGAGED IN PLANT VARIETY-RELATED ACTIVITIES
Article 30.Rights and obligations of plant variety research, selection and breeding organizations and individuals
1. Plant variety research, selection and breeding organizations and individuals have the following rights:
a/ To invest in research, selection and breeding of plant varieties; to investigate, assess, collect, store and utilize domestic or imported propagating materials for plant variety research, selection and breeding purposes;
b/ To enjoy the State’s support policies regarding investment in science and technology and special policies applicable to each sector or region in accordance with law;
c/ To cooperate with other domestic and overseas organizations and individuals in research, selection and breeding of plant varieties in accordance with law.
2. Plant variety research, selection and breeding organizations or individuals have the following obligations:
a/ To fulfill obligations prescribed by the law on science and technology and other relevant laws;
b/ To register for the protection of plant variety rights before trading in or transferring plant varieties in the case of research, selection, breeding, discovery and development of these plant varieties with state budget funds or under state-managed projects; upon transfer of plant varieties, to comply with the law on technology transfer;
c/ To comply with the law on biodiversity and other relevant laws in the course of research, selection, breeding, experimentation and testing of genetically modified plant varieties.
Article 31.Rights and obligations of organizations and individuals registering under their names for issuance of a decision on recognition of circulation or self-declaring the circulation of plant varieties
1. Organizations and individuals registering under their names for issuance of a decision on recognition of circulation or self-declaring the circulation of plant varieties have the right to circulate plant varieties or authorize other organizations or individuals to circulate plant varieties.
2. Organizations and individuals registering under their names for issuance of a decision on recognition of circulation or self-declaring the circulation of plant varieties have the following obligations:
a/ To maintain the distinctness, uniformity, stability, and cultivation and use values of plant varieties in the course of circulation, unless they obtain a decision on exceptional recognition of circulation of plant varieties under Article 16 of this Article;
b/ To compensate for any damage caused in the course of circulation of a plant variety which is not the same as the plant variety obtaining a decision on recognition of circulation; any damage arising from the circulation of fake plant varieties or plant varieties not conforming to national technical regulations or national standards on quality or in-house quality standards already declared to be applied; or any damage arising from the provision of false information about plant varieties and production processes already certified by competent agencies.
3. Organizations and individuals that self-declare, or are authorized to self-declare, the circulation of plant varieties shall compensate for any damage caused due to the circulation of a plant variety which is not the same as the plant variety they have self-declared the circulation thereof; any damage arising from the circulation of fake plant varieties or plant varieties not conforming to national technical regulations or national standards or in-house standards already declared to be applied; or any damage arising from the provision of false information about plant varieties and production processes already declared.
Article 32.Rights and obligations of plant variety users
1. Plant variety users have the following rights:
a/ To have access to all information about plant varieties and instructions for use of plant varieties;
b/ To receive compensations for any damage in accordance with law;
c/ To file petitions, complaints, denunciations or lawsuits against violations of law committed by organizations or individuals having obtained a decision on recognition of circulation or self-declared the circulation of plant varieties.
2. Plant variety users have the following obligations:
a/ To comply with production processes declared by organizations and individuals registering under their names for issuance of a decision on recognition of circulation or self-declaring the circulation of plant varieties;
b/ In case of occurrence of an incident or detecting negative consequences caused by plant varieties, to promptly notify such to plant variety suppliers and local administrations for handling.
Article 33.Rights and obligations of organizations and individuals registering under their names for issuance of a decision on recognition of elite plants or a decision on recognition of budwood orchards
1. Organizations and individuals registering under their names for issuance of a decision on recognition of elite plants or a decision on recognition of budwood orchards have the right to utilize or authorize other organizations or individuals to utilize propagating materials for production and trading purposes.
2. Organizations and individuals registering under their names for issuance of a decision on recognition of elite plants or a decision on recognition of budwood orchards have the following obligations:
a/ To ensure the quality of plant varieties is the same as that determined upon recognition;
b/ To utilize propagating materials in accordance with the decision on recognition of elite plants or the decision on recognition of budwood orchards;
c/ To pay charges prescribed by the law on charges and fees.
Article 34.Rights and obligations of plant variety testing organizations
1. Plant variety testing organizations have the following rights:
a/ To test plant varieties under contracts signed with requesting organizations or individuals;
b/ To receive costs of testing of plant varieties under contracts signed with requesting organizations or individuals;
2. Plant variety testing organizations have the following obligations:
a/ To conduct tests in accordance with the decision on recognition of the plant variety testing organization;
b/ To bear responsibility before law for testing results and retain testing results in accordance with the law on archives;
c/ To ensure information confidentiality for organizations and individuals with tested plant varieties.
3. A plant variety testing organization shall refuse to perform tests for the purpose of issuance of a decision on recognition of circulation of plant varieties for:
a/ Plant varieties for which the testing organization has registered under its name for issuance of such decision;
b/ Plant varieties owned by units which enter into partnerships with the testing organization when registering for certification of eligibility for testing;
c/ Plant varieties owned by subsidiaries of the same parent company or group or corporation which the testing organization belongs to;
d/ Plant varieties owned by units of the same non-business organization which the testing organization belongs to.
Article 35.Rights and obligations of plant variety producers and traders
1. Plant variety producers and traders have the right to produce and trade plant varieties if they meet the conditions specified in Article 22 of this Law.
2. Plant variety producers and traders have the following obligations:
a/ To strictly comply with Article 22 of this Law;
b/ To declare their conformity with standards and regulations in accordance with law;
c/ To recall and dispose of plant varieties in circulation on the market which fail to meet quality standards;
d/ To pay compensations for damage in accordance with law;
dd/ To provide documents proving the origin of propagating materials and documents on tracing of the origin of plant variety batches;
e/ To attach labels to genetically modified plant varieties in accordance with law.
Chapter III
FERTILIZERS
Section 1
RECOGNITION OF FERTILIZERS IN CIRCULATION AND TESTING OF FERTILIZERS
Article 36.Requirements on recognition of fertilizers in circulation, classification of fertilizers
1. Fertilizers are commodities subject to conditional business and must obtain a decision on recognition of fertilizers in circulation in Vietnam, except organic fertilizers manufactured for non-commercial purposes, and imported fertilizers prescribed in Clause 2, Article 44 of this Law; and fertilizers manufactured for export under contracts with foreign organizations and individuals.
2. A decision on recognition of fertilizers in circulation in Vietnam is valid for 5 years and may be extended.
3. Domestic organizations and individuals or foreign organizations and individuals having representative offices or company branches engaged in fertilizer-related activities in Vietnam may register under their own names for recognition of circulation of fertilizers.
4. Each organization or individual may register under its/his/her name for recognition of only one fertilizer name for each ingredient formula and nutritional contents.
5. The Government shall prescribe the classification of fertilizers.
Article 37.Issuance, re-issuance and extension of decisions on recognition of fertilizers in circulation in Vietnam
1. Conditions for issuance of a decision on recognition of a fertilizer in circulation in Vietnam:
a/ The applicant meets quality indicators according to national technical standards on fertilizer quality;
b/ The applicant obtains testing results conforming to national standards, except the fertilizers referred to in Clause 2, Article 39 of this Law.
2. A decision on recognition of a fertilizer in circulation in Vietnam may be re-issued in the following cases:
a/ Information relating to the organization or individual mentioned in the decision is changed or supplemented;
b/ The decision is lost or damaged;
c/ The fertilizer name is changed according to a decision of a competent state management agency or a court’s judgment or decision in case of violation of the law on intellectual property.
3. A decision on recognition of a fertilizer in circulation in Vietnam may be extended if the following conditions are met:
a/ The decision holder makes a request for such extension;
b/ All quality indicators set by national technical standards on fertilizer quality are fully met;
c/ There is a report on production, export, import and use of fertilizers.
4. The Government shall prescribe dossiers, order, procedures and competence to issue, re-issue and extend decisions on recognition of fertilizers in circulation in Vietnam.
Article 38.Cancellation of decisions on recognition of fertilizers in circulation in Vietnam
1. A decision on recognition of a fertilizer in circulation in Vietnam may be cancelled in the following cases:
a/ There is new scientific evidence on the high risk of the fertilizer, which is likely to adversely affect human health and the environment;
b/ The use of fake documents or provision of information in fertilizer-related documents is detected to be untrue to the fertilizer already recognized for circulation.
2. The cancellation of a decision on recognition of fertilizers in circulation in Vietnam is prescribed as follows:
a/ For the case specified at Point a, Clause 1 of this Article, the specialized fertilizer management agency shall synthesize information in order to assess and consider cancellation of the decision. Organizations and individuals may produce and/or import the fertilizers in question for 6 months at most; and may trade and use the fertilizers for no more than 12 months from the effective date of the decision on cancellation of the decision on recognition of fertilizers in circulation in Vietnam;
b/ For the case specified at Point b, Clause 1 of this Article, the specialized fertilizer management agency shall examine and review the dossier and documents used for the recognition of fertilizers in order to consider cancellation of the decision. Organizations and individuals shall promptly terminate the production, import, trading and use of the fertilizers in question from the effective date of the decision on cancellation of the decision on recognition of fertilizers in circulation in Vietnam.
3. The Government shall prescribe dossiers, order, procedures and competence to cancel decisions on recognition of fertilizers in circulation in Vietnam.
Article 39.Requirements on fertilizer testing
1. Fertilizers must be subject to testing before being recognized for circulation, except the fertilizers prescribed in Clause 2 of this Article.
2. Fertilizers which are not subject to testing include:
a/ Organic fertilizers used for fertilizing roots that are composed only of natural organic ingredients and meet quality indicators defined in national technical regulations;
b/ Single inorganic fertilizers used for fertilizing roots that are composed only of nitrogen (N) or phosphorus (P) or potassium (K) and meet quality indicators defined in national technical regulations;
c/ Compound inorganic fertilizers used for fertilizing roots that are composed only of such nutrient elements as nitrogen (N), phosphorus (P) and potassium (K) joined together by chemical bonds, and meet quality indicators defined in national technical regulations;
d/ Fertilizers recognized by competent state management agencies as technology advances.
3. Fertilizers may be subject to both wide-field and narrow-field testing; the wide-field testing may be conducted only after completion of the narrow-field testing.
4. Fertilizer testing according to national standards shall be conducted by accredited testing organizations.
5. Fertilizer quantities allowed to be produced or imported for testing shall be determined based on the dosage of administration for each type of plant and the actual area under testing according to national standards on fertilizer testing.
Article 40.Conditions for accreditation of fertilizer testing organizations
1. A fertilizer testing organization must meet the following conditions:
a/ Persons directly in charge of testing must possess a university or higher degree in crop production, plant protection, agro-chemical geology, soil science, agronomy, chemistry, or biology specialty, and must participate in a training course on fertilizer testing under the guidance of the Ministry of Agriculture and Rural Development;
b/ Having an adequate number of testing staff, excluding persons directly in charge of testing, who must possess a university or higher degree in one of the specialties specified at Point a, Clause 1 of this Article and must participate in a training course on fertilizer testing under the guidance of the Ministry of Agriculture and Rural Development;
c/ Having adequate physical facilities and equipment conforming to national standards on fertilizer testing.
2. The Government shall prescribe the minimum number of testing staff working for a fertilizer testing organization; and dossiers, order, procedures and competence to issue and revoke decisions on accreditation of fertilizer testing organizations.
Section 2
PRODUCTION OF AND TRADING IN FERTILIZERS
Article 41.Conditions for fertilizer production
1. Fertilizer producers must possess a certificate of eligibility for fertilizer production.
2. Conditions for grant of a certificate of eligibility for fertilizer production:
a/ Having production locations and workshops commensurate with the fertilizer production scale;
b/ Having production lines, machinery and equipment appropriate for the process of production of each type or form of fertilizer;
c/ Having laboratories or signing contracts with designated testing organizations to assess quality indicators of fertilizers produced;
d/ Having an appropriate quality management system compatible with quality management standards issued by the international standardization organization;
dd/ Having areas for separate storage of raw materials and finished products;
e/ Persons directly managing fertilizer production must hold a university or higher degree in crop production, plant protection, agro-chemical geology, soil science, agronomy, chemistry, or biology specialty.
3. A certificate of eligibility for fertilizer production is valid for 5 years and may be re-granted.
4. The Government shall prescribe in detail the conditions, dossiers, order, procedures and competence to grant, re-grant and revoke certificates of eligibility for fertilizer production.
Article 42.Conditions for fertilizer trading
1. Fertilizer traders must possess a certificate of eligibility for fertilizer trading; in case of trading in fertilizers produced by themselves, they are not required to obtain such a certificate.
2. Conditions for grant of a certificate of eligibility for fertilizer trading:
a/ Having a lawful and clear business place;
b/ Having all required documents and papers for tracing of fertilizer origin;
c/ Persons directly trading in fertilizers must possess a certificate of professional training in fertilizers according to the guidance of the Ministry of Agriculture and Rural Development, except those who possess an intermediate or higher degree in crop production, plant protection, agro-chemical geology, soil science, agronomy, chemistry, or biology.
3. The Government shall prescribe in detail the conditions, dossiers, order, procedures, time limits and competence for grant, re-grant and revocation of certificates of eligibility for fertilizer trading.
Section 3
FERTILIZER EXPORT AND IMPORT
Article 43.Fertilizer export
The fertilizer export must comply with the commercial law and the law on foreign trade management or the importing country’s requirements.
Article 44.Fertilizer import
1. An organization or individual that has fertilizers already obtaining a decision on recognition of fertilizers in circulation in Vietnam may import or authorize another organization or individual to import fertilizers named in such decision without having to apply for a fertilizer import permit.
2. In order to import fertilizers that have not yet been recognized for circulation in Vietnam, organizations and individuals must obtain a permit for import for:
a/ Fertilizers used for testing purposes;
b/ Fertilizers used for sports grounds and amusement parks;
c/ Fertilizers used in foreign projects located in Vietnam;
d/ Fertilizers used as gifts or sample products;
dd/ Fertilizers displayed at fairs and exhibitions;
e/ Fertilizers for scientific research;
g/ Fertilizers used as raw materials for production of other fertilizers;
h/ Fertilizers temporarily imported for re-export or in transit or border-gate transfer via Vietnamese border gates; fertilizers consigned to bonded warehouses; and fertilizers imported into export processing zones.
3. The Government shall prescribe dossiers, order, procedures and competence for grant of fertilizer import permits.
Section 4
QUALITY MANAGEMENT, NAMES, LABELS AND ADVERTISING OF FERTILIZERS
Article 45.Fertilizer quality management
1. Fertilizer quality shall be managed in accordance with the law on product and goods quality.
2. Conformity assessment organizations that wish to perform quality testing, evaluation, inspection and certification to serve the state management of fertilizers must obtain certification of their scope of operation under the regulations on conditions for provision of conformity assessment services and must be designated by the Ministry of Agriculture and Rural Development in accordance with the law on product and goods quality.
3. Sampling of fertilizers for quality testing to serve the state management shall be conducted by persons who possess a certificate of eligibility for fertilizer sampling.
4. The Government shall prescribe contents, time limit and competence for grant of certificates of eligibility for fertilizer sampling.
Article 46.State inspection of quality of imported fertilizers
1. Imported fertilizers are subject to the state inspection of quality, except the imported fertilizers referred to at Points a, d, dd, e and h, Clause 2, Article 44 of this Law.
2. The state inspection of quality of imported fertilizers shall be performed by the specialized fertilizer management agency under the Ministry of Agriculture and Rural Development.
3. Dossiers of state inspection of quality of imported fertilizers shall be kept for 5 years from the date of notification of state inspection results.
4. The Government shall prescribe dossiers, order, procedures and contents of the state inspection of quality of imported fertilizers.
Article 47.Fertilizer names
1. In order to be registered, the name of a fertilizer must not be identical with that of another fertilizer that has obtained a decision on recognition of fertilizer in circulation in Vietnam.
2. The name of a fertilizer must not give misleading information about the nature, effects, ingredients and type of that fertilizer.
3. The name of a fertilizer must not violate historical and cultural traditions, moral values and fine customs of the nation; must not be read or written like the names of national leaders or heroes, great personalities, foods, beverages and pharmaceuticals. 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 may not be used as the whole or part of the name of a fertilizer, unless otherwise approved by the concerned agency, organization or unit.
4. For a mixed fertilizer, in case the name of an ingredient is used as the name or part of the name of that fertilizer, it must be structured in the following order: name of the fertilizer type, ingredient, particular symbol, number showing the quantity of each ingredient shown in the name, and other particular symbols (if any).
Ingredients and numbers showing quantities of specific ingredients must be arranged in the following order: names of macronutrient elements such as nitrogen (N), phosphorus (P) and potassium (K), secondary nutrient elements, micronutrient elements, organic substances, and other supplements (if any).
Article 48.Fertilizer labeling
1. Fertilizers sold on the market shall be labeled in accordance with the law on goods labeling and each label must contain the following information:
a/ Fertilizer type;
b/ Fertilizer code;
c/ “Foliar fertilizer”, for foliar fertilizers.
2. Information shown on labels must be the same as those written in the decision on recognition of fertilizers in circulation in Vietnam.
Article 49.Fertilizer advertising
1. Organizations and individuals advertising fertilizers shall comply with the law on advertising.
2. The Government shall prescribe dossiers, order, procedures and competence for certifying fertilizer advertising contents.
Section 5
RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS ENGAGED IN FERTILIZER-RELATED ACTIVITIES
Article 50.Rights and obligations of fertilizer producers
1. Fertilizer producers have the following rights:
a/ To produce fertilizers already recognized for circulation in Vietnam;
b/ To produce fertilizers for export under contracts with foreign organizations and individuals;
c/ To advertise fertilizers in accordance with Article 49 of this Law;
d/ To trade in fertilizers they produce.
2. Fertilizer producers have the following obligations:
a/ To maintain the conditions for fertilizer production as prescribed in Article 41 of this Law in the course of fertilizer production;
b/ To produce fertilizers according to national technical regulations and standards declared to be applied;
c/ To comply with contents of the certificate of eligibility for fertilizer production;
d/ To conduct tests on every fertilizer batch before selling it on the market. To retain test results during the shelf life of each fertilizer batch and preserve fertilizer samples for 6 months from the sampling date;
dd/ To recall and dispose of fertilizers which fail to meet quality standards and compensate for any damage in accordance with law;
e/ To submit to inspection and examination by competent state agencies;
g/ To organize training in and provide instructions for use of fertilizers; to provide professional training for workers directly producing fertilizers;
h/ On an annual basis, to send a review report on production, export and import of fertilizers to competent state management agencies or make reports upon request;
i/ To comply with the laws on fire prevention and fighting, chemicals, labor, and environment, and other relevant laws.
Article 51.Rights and obligations of fertilizer traders
1. Fertilizer traders have the following rights:
a/ To trade in fertilizers already recognized for circulation in Vietnam;
b/ To have access to information and instructions for use of fertilizers, and professional training in fertilizer trading.
2. Fertilizer traders have the following obligations:
a/ To maintain the conditions for fertilizer trading as prescribed in Article 42 of this Law in the course of fertilizer trading;
b/ To keep fertilizers at dry places. To keep fertilizers separately from other commodities that are likely to affect the fertilizer quality;
c/ To check the fertilizer origin, labels, standard conformity marks, regulation conformity marks and other documents relating to fertilizer quality;
d/ To submit to inspection and examination by competent state agencies;
dd/ To provide lawful documents to serve the tracing of fertilizer origin;
e/ To compensate for damage in accordance with law;
g/ To provide instructions for use of fertilizers according to information shown on fertilizer labels;
h/ To comply with the laws on fire prevention and fighting, chemicals, labor, and environment, and other relevant laws.
Article 52.Rights and obligations of fertilizer testing organizations
1. Fertilizer testing organizations have the following rights:
a/ To perform fertilizer tests under contracts with requesting organizations or individuals;
b/ To receive payments for testing of fertilizers under contracts with requesting organizations or individuals.
2. Fertilizer testing organizations have the following obligations:
a/ To meet the conditions prescribed in Article 40 of this Law;
b/ To test fertilizers in an objective and accurate manner;
c/ To comply with technical standards and processes and requirements on testing;
d/ To report testing results and bear responsibility before law for testing results;
dd/ To keep field logs, raw data, testing plans and testing result reports for 5 years from the date of completion of testing;
e/ To submit to inspection, examination and oversight of testing activities by competent state agencies;
g/ To compensate for damage in accordance with law;
h/ To send fertilizer testing plans to the competent state agency in the place of testing before performing the test;
i/ On an annual basis, to report fertilizer testing results to the Ministry of Agriculture and Rural Development or make reports upon request.
Article 53.Rights and obligations of fertilizer sampling persons
1. Fertilizer sampling persons have the following rights:
a/ To have access to information about fertilizer sampling activities;
b/ To be provided with training in fertilizer sampling.
2. Fertilizer sampling persons have the following obligations:
a/ To carry out sampling according to national standards on sampling of fertilizers and ensure objectivity during the sampling process;
b/ To keep confidential information and data relating to sampling activities, unless competent state management agencies request provision of such data and information;
c/ To bear responsibility before law for fertilizer sampling activities.
Article 54.Rights and obligations of fertilizer users
1. Fertilizer users have the following rights:
a/ To have access to information and instructions for use of fertilizers;
b/ To request fertilizer traders to provide instructions for use of fertilizers according to information shown on fertilizer labels;
c/ To receive compensations for damage in accordance with law.
2. Fertilizer users have the following obligations:
a/ To use fertilizers according to instructions for use which are shown on their labels;
b/ To use fertilizers in a way to ensure efficiency and safety for humans, animals, and the environment, and to ensure food safety on the principles of proper soil, proper types of plants, right doses, right time and proper way of administration.
3. The Ministry of Agriculture and Rural Development shall develop and disseminate a set of documents on instructions for use of fertilizers as prescribed at Point b, Clause 2 of this Article.
Chapter IV
CULTIVATION
Section 1
USE OF NATURAL RESOURCES IN CULTIVATION
Article 55.Use and protection of land in cultivation
1. Local crop production management agencies shall identify the plant structure based on the physical and chemical properties of soil, biological characteristics of each plant and level of science and technology development.
2. For land areas specialized in cultivation of wet rice, vegetables, perennial fruit trees, perennial industrial plants and ornamental plants, provincial-level People’s Committees shall plan them for stable use in line with the economic development orientations, and shall organize periodical assessment of the quality of soil so as to work out measures to improve and use these areas in a sustainable manner.
Article 56.Restructuring of crops on rice cultivation land
1. The restructuring of crops on rice cultivation land must:
a/ Conform with the local land use master plans, market demands, and water resource and climatic conditions;
b/ Form concentrated production areas for different plants associated with land swapping and consolidation and chain-based production;
c/ Ensure effective operation of available infrastructure facilities; conform with the planning and orientation for improvement of infrastructure facilities serving local agricultural production;
d/ Avoid causing any loss of conditions necessary for resuming rice cultivation.
2. The Government shall detail this Article.
Article 57.Protection and use of the topsoil of wet rice cultivation land
1. The topsoil of wet rice cultivation land shall be used only for agricultural purposes; and protected and used in an effective manner.
2. Organizations or individuals building facilities on the land reserved for wet rice cultivation shall work out plans on use of the topsoil of such land.
3. The Government shall detail this Article.
Article 58.Use of irrigation water
1. Local crop production management agencies shall determine the plant structure and seasons suitable to water resource conditions.
2. Providers of hydraulic work services shall ensure that the quality of water is up to relevant standards and technical regulations.
3. Organizations and individuals shall use irrigation water sources in an effective manner; apply advanced and cost-efficient cultivation practices; reuse water in accordance with the law on water resources, law on hydraulic work, and other relevant laws.
Article 59.Use of useful organisms
1. Useful organisms used in cultivation include organisms that play a role in stabilizing and improving soil fertility, increasing plant resistance and growth capacity, preserving and processing crop products or byproducts, preventing and controlling plant pests, pollinating plants, and serving other useful purposes.
2. Organizations and individuals engaged in cultivation activities shall comply with the laws on environmental protection, biodiversity, and plant protection and quarantine; and apply advanced production processes to protect and promote the effectiveness of useful organisms.
3. The Minister of Agriculture and Rural Development shall organize the investigation and assessment of useful organism resources in order to work out measures to protect and utilize them in a proper manner; and issue a list of useful organisms in cultivation.
Section 2
USE OF AGRICULTURAL FACILITIES, EQUIPMENT AND SUPPLIES IN CULTIVATION
Article 60.Agricultural facilities, equipment and supplies use in cultivation
1. Cultivation facilities and equipment include greenhouses, net houses, machinery and tools used for production, irrigation, harvest, preliminary processing, preservation and processing.
2. Agricultural supplies used in cultivation include:
a/ Plant varieties;
b/ Fertilizers;
c/ Pesticides;
d/ Planting media, ground cover membranes and moisture storage materials;
dd/ Chemicals and bio-products used in crop production activities other than the agricultural supplies referred to at Points b and c of this Clause.
3. Management of quality of agricultural facilities, equipment and supplies used in cultivation must comply with the laws on standards and technical regulations and product and goods quality.
Article 61.Requirements on the use of agricultural facilities, equipment and supplies in cultivation
1. Organizations and individuals engaged in cultivation may only use agricultural supplies in cultivation which are permitted for use and circulation in accordance with law; and shall follow instructions given by specialized agencies or producers of agricultural supplies.
2. Users of agricultural supplies in cultivation must meet the requirements on environmental protection, community health, food safety and restriction of the spread of plant pests.
3. Users of fertilizers shall adhere to the principles specified at Point b, Clause 2, Article 54 of this Law.
4. Users of pesticides shall comply with the law on plant protection and quarantine.
Section 3
DEVELOPMENT OF CONCENTRATED COMMODITY PRODUCTION ZONES AND PRODUCTION PARTNERSHIP
Article 62.Development of concentrated commodity production zones
1. The development of concentrated commodity production zones must take into account the physical and chemical properties of soil, climate, water sources, biological characteristics of plants and regional advantages; and ensure the building of raw material areas associated with processing activities and markets.
2. Provincial-level People’s Committees shall prepare plans and schemes on development of concentrated commodity production zones according to planning.
Article 63.Production cooperation and partnership
1. To develop various forms of cooperation and partnership in concentrated commodity production zones on the basis of contracts; to create favorable conditions for the grant of quality certificates and tracing of origin of products; to increase effectiveness of production and business, and ensure the harmony of interests of stakeholders.
2. The People’s Committees at all levels shall:
a/ Create favorable conditions and provide support for parties to negotiate, conclude and fulfill commitments under production and product consumption cooperation and partnership contracts;
b/ Render support for infrastructure construction, logistics services and trade promotion for concentrated commodity production zones.
Article 64.Management and grant of codes of plant cultivation zones
1. Plant cultivation zone code is an identification code of a cultivation zone used for monitoring and controlling production; controlling product quality; and tracing the origin of crop products.
2. The State shall encourage, create conditions and prioritize support for organizations and individuals applying for plant cultivation zone codes.
3. The Ministry of Agriculture and Rural Development shall make a roadmap and provide instructions for the grant of codes of plant cultivation zones nationwide.
4. Provincial-level People’s Committees shall organize the grant of plant cultivation zone codes in their localities according to the roadmap and instructions of the Ministry of Agriculture and Rural Development.
Section 4
PRODUCTION PROCESSES, APPLICATION OF HIGH TECHNOLOGIES AND MECHANIZATION IN CULTIVATION
Article 65.Production processes
1. Production processes shall be issued for various specific plant species.
2. Each production process shall be developed on the basis of research results, technological advances and review of cultivation practices; and shall be revised when new technological advances are made, and to conform to production practices, scientific and technological development levels and users’ capacity.
Article 66.Application of high technologies in cultivation
1. High technologies to be prioritized and encouraged for application in cultivation include:
a/ Biotechnology for genetic selection and creation of new plant varieties; diagnosis and evaluation of plant pests; development of products in biology and new materials;
b/ Technology for efficient irrigation and farming without soil;
c/ Greenhouse and net house cultivation technology;
d/ Information technology applied to the projection and forecast of plant pests; grant of codes and management of plant cultivation zones;
dd/ Precise agricultural techniques applied in the soil science and crop nutrition; automatically controlled fertilizer administration and irrigation; semi-automated and automatic technology used in production lines; and analysis of quality of production environment and crop products.
2. Hi-tech applications referred to at Points b and c, Clause 1 of this Article shall be prioritized for use in areas facing cultivation difficulties, on coastal sandy land or land at risk of desertification.
3. High technologies specified at Point c, Clause 1 of this Article shall be developed at a proper density rate with the aim of reducing greenhouse gas effects.
Article 67.Mechanization in cultivation
1. Mechanization in cultivation aimes at synchronization and gradual modernization.
2. Investment in and improvement of infrastructure facilities in cultivation fields must ensure conditions for mechanization.
3. In the course of preparing production plans and determining the crop structure and seasons, organizations and individuals shall ensure conditions for mechanization.
4. Equipment and machinery used in cultivation shall be selected to suit practical conditions of fields and the cultivation scale, nature and level.
Section 5
ORGANIC CULTIVATION
Article 68.Development and protection of organic cultivation zones
1. Organic cultivation zones shall be developed, protected and equipped with appropriate infrastructure facilities, and must aim at preventing chemical pollution from the outside.
2. Provincial-level People’s Committees shall identify and publicize organic cultivation zones; and issue regulations on cultivation of plants on organic cultivation zones under their management.
Article 69.Requirements on organic cultivation
1. Organizations and individuals engaged in organic cultivation must meet national standards on organic agriculture. In case of export of organic crop products, the importing country’s requirements shall be satisfied.
2. Plant varieties, fertilizers, pesticides and other supplies used in organic cultivation must meet organic agriculture standards and relevant technical regulations, or must be produced from raw materials and by using methods conformable to organic agriculture standards.
3. Synthetic chemicals, plant growth stimulants and genetically modified plants may not be used in crop production, harvest, preliminary processing, preservation and processing.
4. Labeling of organic crop products must comply with the commercial law and other relevant laws.
5. The Government shall prescribe in detail the organic cultivation.
Section 6
CULTIVATION ADAPTED TO CLIMATE CHANGE AND ENVIRONMENTAL PROTECTION
Article 70.Cultivation adapted to climate change
1. Appropriate cultivation solutions shall be applied to adapt to climate change and reduce greenhouse gas emissions.
2. The Ministry of Agriculture and Rural Development shall:
a/ Devise appropriate cultivation solutions to adapt to climate change and reduce greenhouse gas emissions;
b/ Integrate solutions for adaptation to climate change and reduction of greenhouse gas emissions into crop production development strategies, programs, schemes and projects.
3. Provincial-level People’s Committees shall organize the assessment of impacts of climate change, provide guidance for organizations and individuals to apply solutions for adaptation to climate change and reduction of greenhouse gas emissions in crop production in their localities.
4. Organizations and individuals engaged in cultivation shall be encouraged to apply solutions for adaptation to climate change and reduction of greenhouse gas emissions.
Article 71.Cultivation on sloping land, lowland, alkaline soil, saline soil, coastal sandy soil and soil at risk of desertification
1. Cultivation on sloping land, lowland, alkaline soil, saline soil, coastal sandy soil and soil at risk of desertification must follow the prescribed production processes to avoid erosion, landslide, soil aggradation and degradation, ensuring sustainable development.
2. Organizations and individuals engaged in cultivation in the areas specified in Clause 1 of this Article shall be entitled to the policies prescribed in Article 4 of this Law and other policies prescribed in relevant laws.
3. The Ministry of Agriculture and Rural Development shall set out criteria for identification, methods of management and processes for production of plants on sloping land, lowland, alkaline soil, saline soil, coastal sandy soil and soil at risk of desertification.
4. Provincial-level People’s Committees shall identify and publicly inform areas of, and provide guidance on the application of processes for production of plants on, sloping land, lowland, alkaline soil, saline soil, coastal sandy soil and soil at risk of desertification.
Article 72.Environmental protection in cultivation
1. Organizations and individuals engaged in cultivation must meet the following requirements:
a/ Complying with the law on environmental protection and other relevant laws;
b/ Following specialized agencies’ instructions on use of agricultural supplies in cultivation that pose the risk of environmental pollution;
c/ Collecting, disposing of and using plant byproducts in accordance with Article 76 of this Law.
2. Organizations and individuals shall promptly report to commune-level People’s Committees when detecting any signs of environmental pollution that are likely to adversely affect cultivation activities.
Section 7
RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS ENGAGED IN CULTIVATION
Article 73.Rights of organizations and individuals engaged in cultivation
1. To organize production on their own or enter into production partnerships with other organizations or individuals.
2. To enjoy the policies provided in Article 4 of this Law and other policies prescribed in relevant laws.
3. To have access to support for recovery of production in case of suffering any loss or damage caused by natural disasters or epidemics in accordance with the Government’s regulations.
4. To have access to information about policies, laws, technical and technological advances, and plant product markets; and training in crop production activities.
5. To apply for codes of plant cultivation zones.
6. To receive notifications and warnings relating to climate, environment, epidemics and natural disasters.
7. To be covered by agricultural insurance under the Government’s regulations.
Article 74.Obligations of organizations and individuals engaged in cultivation
1. To take responsibility for the food quality and safety of crop products they produce; to pay compensation for damage in accordance with law.
2. To utilize soil, water resources, useful organisms and infrastructure facilities for proper purposes and in an efficient and sustainable manner. To use agricultural supplies in cultivation activities which are permitted for circulation according to instructions given by specialized agencies or producers of agricultural supplies.
3. To apply appropriate production processes to stabilize and improve the soil fertility; to restrict soil pollution and degradation or spread of plant pests.
4. To take the initiative in preventing and handling environmental pollution, preventing and controlling plant pests in accordance with the laws on environmental protection and plant protection and quarantine. To promptly report to commune-level People’s Committees when environmental pollution or pest outbreak occurs.
5. To restructure their crops in line with the local crop restructuring plans.
6. To fulfill all contractual commitments.
Chapter V
HARVEST, PRELIMINARY PROCESSING, PRESERVATION, PROCESSING, TRADING AND QUALITY MANAGEMENT OF CROP PRODUCTS
Article 75.Harvest, preliminary processing, preservation and processing of crop products
1. Organizations and individuals harvesting, preliminarily processing, preserving and processing crop products shall comply with this Law and other relevant laws.
2. The harvest of crop products must minimize wastage and ensure product quality and economic efficiency.
3. Crop products used as input materials of processing establishments must be of clear origin and satisfy quality and safety standards.
4. Establishments purchasing, storing and processing crop products shall apply appropriate technical measures to preserve crop products in order to ensure their quality and safety.
5. It is encouraged to establish crop product preservation and processing facilities connected with raw material production areas.
Article 76.Collection, disposal and use of plant byproducts
1. Plant byproducts shall be collected, disposed of or used in a proper manner without causing environmental pollution and spread of plant pests.
2. It is encouraged to use plant byproducts as materials for production of products and goods.
3. The Minister of Agriculture and Rural Development shall prescribe in detail the collection, disposal and use of plant byproducts as prescribed in Clause 1 of this Article.
Article 77.Development of markets and trading of crop products
1. Development of markets and trading of crop products must comply with the commercial law, the law on foreign trade management, and Clauses 2 and 3 of this Article.
2. Development of crop product markets covers:
a/ Forecasting markets and orientating the development of crop products in each period;
b/ Conducting negotiations for opening markets; removing barriers for Vietnamese crop products to be imported into foreign countries and territories;
c/ Building wholesale markets; carrying out trade promotion and building crop product brands.
3. Organizations and individuals engaged in the development of outlet markets for crop products; the building of chains from production to consumption; and the establishment of raw material areas serving domestic processing and trade as well as export shall be entitled to the policies provided in Article 4 of this Law and other policies prescribed in relevant laws.
Article 78.Export and import of crop products
1. Importers of crop products must possess documents for tracing of origin of products, and meet the requirements regarding food quality and safety and epidemic safety prescribed by Vietnam’s law.
2. Exporters of crop products must meet the importing country’s requirements.
Article 79.Development of wholesale crop product markets
1. Wholesale crop product markets shall be established within concentrated commodity production areas or at places where a large quantity of crop products is sold.
2. Development of wholesale crop product markets must conform with relevant planning.
Article 80.Rights and obligations of organizations and individuals harvesting, preliminarily processing, preserving, processing and trading in crop products
1. Organizations and individuals harvesting, preliminarily processing, preserving, processing and trading in crop products have the following rights:
a/ To receive support for joining the chains of production, processing and trading of crop products;
b/ To enjoy the policies provided in Article 4 of this Law and other policies provided in relevant laws.
2. Organizations and individuals preserving, processing and trading in crop products have the following obligations:
a/ To comply with this Law and other relevant laws;
b/ To submit to inspection and examination by competent state agencies.
Article 81.Management of quality of crop products
1. Quality of crop products shall be managed in accordance with the laws on standards and technical regulations and product and goods quality.
2. Genetically modified crop products used as food shall be labeled in accordance with the law on food safety and other relevant laws.
Chapter VI
STATE MANAGEMENT OF CROP PRODUCTION ACTIVITIES
Article 82.Responsibilities of the Government, ministries and ministerial-level agencies
1. The Government shall perform the uniform management of crop production activities nationwide.
2. The Ministry of Agriculture and Rural Development shall act as the focal point in assisting the Government in performing the state management of crop production activities nationwide and has the following responsibilities:
a/ To formulate strategies, schemes and plans, and provide directions and instructions for crop production activities;
b/ To promulgate according to its competence or submit to competent authorities for promulgation, and organize the implementation of, policies, legal documents, standards, technical regulations and production processes in crop production activities;
c/ To organize the issuance, re-issuance, extension, suspension, restoration, revocation and cancellation of decisions, permits and certificates in crop production activities according to its competence and publish information thereon on its portal;
d/ To build databases and information systems; to make statistics and reports on crop production activities;
dd/ To organize research and application of science and technology; to carry out basic investigation, collection and management of information and materials, and implement international cooperation on crop production activities;
e/ To conduct professional and refresher training courses; to disseminate and organize education about the law on crop production activities;
g/ To inspect, examine, settle complaints and denunciations and handle violations of law in crop production activities.
3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, cooperate with the Ministry of Agriculture and Rural Development in performing the state management of crop production activities.
Article 83.Responsibilities of People’s Committees at all levels
1. Within the ambit of their tasks and powers, provincial-level People’s Committees have the following responsibilities:
a/ To promulgate according to their competence or submit to competent authorities for promulgation documents guiding the implementation of the law on crop production in localities;
b/ To adopt plans on crop restructuring suitable to local conditions;
c/ To direct and organize the management of crop production activities in localities; to issue instructions and production processes suitable to local conditions; to organize crop production activities;
d/ To disseminate and organize education about the law on and training in knowledge about crop production activities; to set up databases on crop production activities in localities and update the national crop production database;
dd/ To organize the issuance, re-issuance, extension, suspension, restoration, revocation and cancellation of decisions, permits and certificates in crop production activities according to their competence and publish information thereon on their portals;
e/ To direct the planning and organize inspection and examination, settlement of complaints and denunciations, and handling of violations of the law on crop production activities according to their competence.
2. Within the ambit of their tasks and powers, district- and commune-level People’s Committees have the following responsibilities:
a/ To perform tasks and measures of management in crop production activities in localities in accordance with law;
b/ To perform the state management of crop production activities as assigned or decentralized;
c/ To organize and implement the dissemination of and education about the law on crop production activities in localities.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 84.Effect
1. This Law takes effect on January 1, 2020.
2. Ordinance No. 15/2004/PL-UBTVQH11 on Plant Varieties will cease to be effective on the effective date of this Law.
Article 85.Transitional provisions
1. Decisions on recognition of new plant varieties which are issued under Ordinance No. 15/2004/PL-UBTVQH11 on Plant Varieties remain valid for 10 years for annual plant varieties or 20 years for perennial plant varieties counting from the date of their issuance, and may be extended in accordance with this Law.
In case the remaining validity duration of a decision on recognition of new plant varieties is shorter than 3 years, or such decision is issued over 10 years for annual plant varieties or over 20 years for perennial plant varieties, earlier than the effective date of this Law, such decision may be further implemented for 3 years from the effective date of this Law.
2. Decisions on recognition of elite plants or decisions on recognition of budwood orchards which are issued under Ordinance No. 15/2004/PL-UBTVQH11 on Plant Varieties may be further implemented under this Law and are not required to be extended.
3. Decisions on recognition of fertilizers in circulation in Vietnam, permits for fertilizer production or certificates of eligibility for fertilizer production which are issued/granted before the effective date of this Law may be further implemented until they expire, and may be extended or re-issued/re-granted under this Law.
Certificates of eligibility for fertilizer trading which are granted prior to the effective date of this Law are as valid as certificates of eligibility for fertilizer trading prescribed in this Law.
4. National technical regulations or national standards on crop production which are promulgated before the effective date of this Law may be further applied until they are abolished or replaced.
5. Results of basic tests on plant varieties which are conducted before the effective date of this Law are as valid as those of narrow-field tests prescribed in this Law.
6. Results of tests of production of plant varieties which are performed before the effective date of this Law are as valid as those of wide-field tests prescribed in this Law.
7. Results of tests of fertilizers which are performed before the effective date of this Law remain valid for use in accordance with this Law.
This Law was passed on November 19, 2018, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 6thsession.
Chairwoman of the National Assembly
NGUYEN THI KIM NGAN
Vietnamese
Law 31/2018/QH14 DOC (Word)
Law 31/2018/QH14 PDF (Original)
