Decree 79/2023/ND-CP detailing Law on Intellectual Property Law regarding plant variety rights

DECREE

Detailing a number of articles of, and providing measures to implement, the Law on Intellectual Property Law regarding plant variety rights^[1]

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

Pursuant to the November 29, 2005 Law on Intellectual Property; the June 19, 2009 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property; the June 14, 2019 Law Amending and Supplementing a Number of Articles of the Law on Insurance Business and the Law on Intellectual Property; and the June 16, 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property;

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

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

The Government promulgates the Decree detailing a number of articles of, and providing measures to implement, the Law on Intellectual Property regarding plant variety rights.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of, and provides measures to implement, the Law on Intellectual Property regarding plant variety rights, including: order and procedures for establishing plant variety rights; plant variety rights being outcomes of state budget-funded science and technology tasks; rights and obligations of plant variety protection title holders and plant variety breeders; licensing and assignment of protected plant variety rights; and plant variety rights representation.

Article 2. Subjects of application

1. Vietnamese organizations and individuals.

2. Foreign organizations and individuals that are citizens of the member states of the International Union for the Protection of New Varieties of Plants (UPOV) or the countries that have concluded international agreements with the Socialist Republic of Vietnam on protection of plant varieties; foreign individuals that are permanently residing in Vietnam or have establishments producing or trading in plant varieties in Vietnam; foreign organizations that have establishments producing or trading in plant varieties in Vietnam; and organizations and individuals that are permanently residing or have establishments producing or trading in plant varieties in territories of the UPOV member states.

3. Organizations and individuals carrying out activities related to the protection of plant varieties.

Article 3. Interpretation of terms 

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

1. Applicant means an organization or individual that has the right to register for the protection of plant varieties under Clause 2, Article 164 of the 2005 Law on Intellectual Property, which is amended under Clause 66, Article 1 of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property.

2. Plant variety protection title holder means an organization or individual that is granted a plant variety protection title.

3. Plant variety breeder means an organization or individual that has directly bred or discovered and developed a new plant variety. In case two or more organizations or individuals have jointly bred or discovered and developed a new plant variety, they are regarded as co-breeders.

4. Discovery and development of a new plant variety means the selection aimed to discover natural variations available in a plant variety’s population or to discover a new genetic resource available in nature and propagate and evaluate such variation.

5. Technical testing (below referred to as DUS testing) means testing of the distinctness, uniformity and stability of a plant variety.

6. DUS testing documents include Vietnam standards (TCVN) and DUS testing guidelines announced by the UPOV or UPOV member states or countries that cooperate with Vietnam on the protection of plant varieties or issued by the Ministry of Agriculture and Rural Development.

Article 4. General provisions of this Decree regarding performance of administrative procedures

1. Filing of dossiers for performance of administrative procedures: An organization or individual shall file a dossier by hand-delivery or by post or by electronic mode to the Ministry of Agriculture and Rural Development.

2. Time limit for notification of adequacy of dossier documents:

a/ For hand-delivered dossiers: The Ministry of Agriculture and Rural Development shall check dossier documents and immediately notify the adequacy of dossier documents to the applicant;

b/ For dossiers filed by post: Within 3 working days after receiving a dossier, the Ministry of Agriculture and Rural Development shall check the adequacy of the dossier documents. In case the dossier documents are not adequate as prescribed, it shall notify such to the applicant;

c/ For dossiers filed by electronic mode: Within 1 working day after receiving a dossier, the Ministry of Agriculture and Rural Development shall check the adequacy of the dossier documents. In case the dossier documents are not adequate as prescribed, it shall notify such to the applicant.

3. Dossiers filed by electronic mode must comply with the Government’s Decree No. 45/2020/ND-CP of April 8, 2020, on performance of administrative procedures in the electronic environment.

4. Mode of notification of results: The Ministry of Agriculture and Rural Development shall notify results of the settlement of administrative procedures directly at its single-window division or send such results by post or by electronic mode.

Article 5. List of plant varieties     

The List of plant varieties specified at Point b, Clause 2, Article 160 of the 2005 Law on Intellectual Property, which is amended under Clause 19, Article 2 of the 2009 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property, includes plant varieties on the List of plant varieties permitted for production and trading promulgated by the Ministry of Agriculture and Rural Development; plant varieties recognized for circulation, exceptionally recognized for circulation, declared for circulation by their own breeders and officially recognized; the List of forest tree cultivars in Vietnam promulgated by the Ministry of Agriculture and Rural Development, and lists of plant varieties in other countries.

Chapter II

ORDER AND PROCEDURES FOR ESTABLISHING PLANT VARIETY RIGHTS

Article 6. Registration for protection of plant varieties

1. An application for registration for protection of a plant variety must comprise:

a/ A declaration form for registration for protection of the plant variety, made according to Form No. 01 provided in the Appendix to this Decree. Every page must bear signatures of the parties or adjoining pages must bear the applicant’s stamp;

b/ A technical declaration form

In case the to-be-registered plant variety belongs to a plant species for which DUS testing documents are available: The technical declaration form provided in such DUS documents shall be used;

In case the to-be-registered plant variety belongs to a plant species for which DUS testing documents are not yet available or DUS documents are available but have no information on the technical declaration form: The technical declaration made according to Form No. 02 provided in the Appendix to this this Decree shall be used;

c/ The original or a certified copy of the power of attorney in case the registration application is filed through a rights representation service organization. The power of attorney must state the authorizing party, the authorized party, and scope and duration of authorization;

d/ Photos showing 3 distinct characteristics of the to-be-registered plant variety: at least 3 color photos of the size of at least 9cm x 15cm;

dd/ Certified copies of the document proving the registration right in case the applicant is assigned or inherits or takes over the registration right (registration right assignment contract or document on registration right inheritance or takeover or another equivalent document), and document proving the applicant’s citizenship or that it/he/she has a permanent residence address or a production or business establishment in a UPOV member state;

e/ Documents proving the priority right in case the registration application claims the priority right under Clause 1, Article 167 of the 2005 Law on Intellectual Property, including copies of documents on the initial registration application certified by the authority in charge of plant variety protection in the country where the initial application is filed, samples or evidences certifying that plant varieties stated in the two applications are the same, and a certified copy of the contract on priority right assignment, inheritance or takeover (if any). These documents shall be provided within 90 days from the date of filing the protection registration application.

2. Formal examination means checking of the validity of plant variety protection registration applications. A registration application is considered invalid in terms of formality when:

a/ Information in the documents specified in Clause 1 of this Article is neither adequate nor appropriate as required under Articles 159, 163 and 164 of the Law on Intellectual Property, which is revised under Clauses 65, 66 and 82, Article 1 of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property;

b/ The documents specified at Points c, dd and e, Clause 1 of this Article have not yet been translated into Vietnamese though so requested by the Ministry of Agriculture and Rural Development;

c/ Documents in the registration application are erased, torn or faded and unreadable; 

d/ The registration application lacks valid copies of relevant documents;

dd/ The registration application is filed by a non-authorized person; or in case the registration right belongs to different organizations and individuals but the consent of all those organizations and individuals is not obtained. 

3. Within 15 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall carry out the formal examination of the plant variety protection registration application.

a/ In case the registration application is valid, the Ministry of Agriculture and Rural Development shall issue a notice of acceptance of the application, made according to Form No. 03 provided in the Appendix to this Decree, and notify results of the formal examination to the applicant, and publish such notice on its Portal and the Agriculture and Rural Development Magazine within 90 days from the date of notice issuance.

b/ In case the registration application is incomplete, the Ministry of Agriculture and Rural Development shall issue a notice of the incompleteness of the application to the applicant, clearly stating the reason, for the applicant to complete the application. Within 30 days after receiving the notice, the applicant shall remedy omissions in the application and file a supplemented dossier to the Ministry of Agriculture and Rural Development. Within 7 working days after receiving the supplemented dossier, the Ministry of Agriculture and Rural Development shall examine it and issue a notice of dossier acceptance under Point a, Clause 2 of this Article or refuse to accept it, clearly stating the reason.

c/ In case the registration application is invalid or the applicant fails to remedy omissions within the required time limit and is regarded as not wishing to continue filing the application, the Ministry of Agriculture and Rural Development shall issue a notice of refusal to accept the application, clearly stating the reason.

4. In case the documents specified at Points c, dd and e, Clause 1 of this Article are required by the Ministry of Agriculture and Rural Development to be translated into Vietnamese, their translations shall be authenticated or certified by rights representation service organizations representing plant variety applicants.

Article 7. Modification and supplementation of plant variety protection registration applications

1. Before the Ministry of Agriculture and Rural Development notifies the refusal to grant a plant variety protection title or decides to grant a plant variety protection title, an applicant may modify or supplement its/his/her plant variety protection registration application in the following cases:

a/ The application has a spelling error in the name or address of the applicant, rights representation service organization or plant variety breeder, or in the name of the plant variety;

b/ There is a change in the name or address of the applicant, rights representation service organization or plant variety breeder on the basis of valid legal documents;

c/ The plant variety is renamed at the request of the applicant.

2. An applicant shall submit its/his/her dossier for plant variety protection registration application modification or supplementation to the Ministry of Agriculture and Rural Development. The dossier must comprise:

a/ A declaration form for requesting variety protection registration application modification or supplementation, made according to Form No. 04 provided in the Appendix to this Decree;

b/ A certified copy of the registration right assignment contract in case of change of the applicant due to the registration right assignment; or a document proving the change of the name or address of the applicant, plant variety rights representation service organization or plant variety breeder; 

c/ Certified copies of the document proving the registration right inheritance or takeover bearing the applicant’s certification and document proving the moral rights between the applicant and its/his/her heir; the applicant’s death certificate or an excerpt of the applicant’s death declaration paper (if any) in case of change of the applicant due to inheritance or takeover.

3. Procedures

Within 15 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it.

In case the dossier is valid, the Ministry of Agriculture and Rural Development shall issue a notice of acceptance of application modification or supplementation, made according to Form No. 05 provided in the Appendix to this Decree, and notify examination results to the applicant and post the notice on its Portal.

In case the dossier is invalid, the Ministry of Agriculture and Rural Development shall notify its refusal of acceptance to the applicant, clearly stating the reason.

Article 8. DUS testing

1. After a plant variety protection registration application is accepted as valid, DUS testing shall be performed on the basis of DUS testing documents. In case the to-be-registered plant variety belongs to a plant species for which DUS testing documents are not yet available, within 30 days after issuing a notice of acceptance of the valid application, the Ministry of Agriculture and Rural Development shall organize the formulation of DUS testing guidelines within 6 months according to Form No. 06 provided in the Appendix to this Decree.

2. Modes of DUS testing

a/ DUS testing performed by testing organizations accredited by the Ministry of Agriculture and Rural Development under Article 21 of the Law on Crop Production, for agricultural plant varieties, or performed by forest tree cultivar testing establishments under Article 12 of the Government’s Decree No. 27/2021/ND-CP of March 25, 2021, on the management of forest tree cultivars (below collectively referred to as plant variety testing organizations).

b/ DUS testing performed by applicants themselves.

c/ Use of DUS testing results on the basis of international agreements on exchange of DUS testing results with the UPOV member states or countries that cooperate with Vietnam in plant variety protection.

3. DUS testing under Point a, Clause 2 of this Article

An applicant shall send a plant variety sample to a plant variety testing organization for DUS testing within 30 days before the date of the first crop cultivation, counting from the date of issuance of a notice of application acceptance.

In case the applicant disagrees with the DUS testing results, it/he/she may request the plant variety testing organization that has performed the previous DUS testing or another plant variety testing organization to perform DUS re-testing. A request for DUS re-testing must be made in writing, clearly stating reasons and grounds proving the necessity to perform DUS re-testing, and concurrently notified to the Ministry of Agriculture and Rural Development.

4. An organization or individual that wishes to perform DUS testing must satisfy the following conditions:

a/ Having, or entering into a contract to rent, an appropriate location on a sufficient land area for the performance of DUS testing of the to-be-registered plant variety; 

b/ Having, or entering into a contract to rent, equipment and tools to serve the analysis and evaluation of indicators based on testing requirements for the to-be-tested plant species;

c/ Having, or entering into a contract to rent, a testing laboratory that has been granted an operation registration certificate and recognized or designated, in case the testing covers analysis indicators;

d/ Having, or entering into a contract to rent, a control plant variety appropriate to the plant variety registered for testing;

dd/ Entering into labor contract(s) with at least 1 technical worker possessing a university or higher degree in crop production, plant protection or biology or a similar major and possessing a DUS testing training certificate granted by the state management agency in charge of plant variety protection. 

5. For DUS testing performed by applicants themselves, within 30 days after the Ministry of Agriculture and Rural Development issues DUS testing guidelines, an organization or individual shall send a DUS testing plan, stating the expected control plant variety and testing location and duration. After sending the DUS testing plan, the organization or individual may perform DUS testing itself/himself/herself.  

Article 9. Examination of conditions for and performance of DUS testing by applicants themselves

1. The Ministry of Agriculture and Rural Development shall set up an examination team composed of civil servants assigned the plant variety protection task and DUS testing experts or experts knowledgeable about plant species stated in the protection registration application.

2. Examination contents: conditions for testing performance; testing performance; evaluation of distinctness, uniformity and stability of the tested plant variety based on DUS testing documents for the plant species registered by the applicant.

3. Time of examination: The examination team shall carry out examination for between once and 3 times in the course of testing performance by the applicant.

4. Examination minutes shall be made according to Form No. 07 provided in the Appendix to this Decree and filed in the plant variety protection registration dossier. In the course of substantive examination of the plant variety protection registration application, the Ministry of Agriculture and Rural Development shall base itself on the examination minutes to examine the report on DUS testing results.

Article 10. Submission, management and use of samples of plant varieties registered for protection

1. For plant varieties tested under Point a, Clause 2, Article 8 of this Decree, an applicant shall submit variety samples for DUS testing and for storage to the plant variety testing organization at least 30 days before the date of the first crop cultivation, counting from the date of issuance of a notice of acceptance of the protection registration application for such plant variety.

2. For vegetatively propagated plant varieties and plant varieties tested under Points b and c, Clause 2, Article 8 of this Decree, applicants shall store variety samples by themselves.

3. The volume (or quantity) and quality of variety samples sent for testing and storage of samples must comply with DUS testing documents for such plant species.

4. Applicants or plant variety breeders shall submit samples of protected plant varieties when so requested by the competent state agency during the enjoyment of temporary rights or validity duration of their plant variety protection titles. Plant variety samples must meet the quality requirement specified in Clause 3 of this Article and be identical to those at the time of submission of registration applications and the level of expression of relevant traits must be appropriate to the plant variety description at the time of grant of the protection title in case the plant variety has been granted the protection title.   

5. Applicants or plant variety breeders shall store plant variety samples during the period from the time their plant varieties are entitled to temporary rights to the date of invalidation of protection titles.

6. The use of stored variety samples must obtain the written consent of applicants or plant variety breeders unless it is for the performance of DUS testing, testing or post-testing in order to identify the variety trueness or to settle disputes, recommendations, lawsuit petitions, complaints or denunciations.

Article 11. Grant of plant variety protection titles

1. In case DUS testing is performed for a plant variety registered for protection under Point a or b, Clause 2, Article 8 of this Decree, the organization or individual performing the testing shall submit the original report on DUS testing results, made according to Form No. 08 provided in the Appendix to this Decree, to the Ministry of Agriculture and Rural Development within 90 days from the date of completion of DUS testing.

In case of use of DUS testing results under Point c, Clause 2, Article 8 of this Decree, the Ministry of Agriculture and Rural Development shall receive a DUS testing report directly from the plant variety protection authority of a UPOV member state or a country cooperating with Vietnam in plant variety protection.

A report on DUS testing results used for the issuance of a decision on recognition of the circulation of a plant variety may be used in the grant of the plant variety protection title if the distinctness of the registered plant variety is ensured compared to the well-known plant varieties at the time of submission of the protection registration application.

2. Within 90 days after receiving a report on DUS testing results, the Ministry of Agriculture and Rural Development shall carry out substantive examination under Clause 1, Article 178 of the 2005 Law on Intellectual Property.

a/ In case the registered variety ensures its distinctness, uniformity and stability and the protection registration application satisfies the conditions specified in Article 176 and at Point a, Clause 1, Article 178 of the 2005 Law on Intellectual Property, the Ministry of Agriculture and Rural Development shall issue a decision on grant of a plant variety protection title according to Form No. 09 or No. 10 provided in the Appendix to this Decree; notify results to the applicant; and publish such decision on its Portal and the Agriculture and Rural Development Magazine within 60 days from the date of decision issuance.

b/ In case the registered variety fails to ensure its distinctness, uniformity or stability or the protection registration application fails to satisfy one of the conditions specified in Clause 2, Article 176, and at Point a, Clause 1, Article 178 of the 2005 Law on Intellectual Property, the Ministry of Agriculture and Rural Development shall notify in writing its intended refusal to grant a plant variety protection title to the applicant, clearly stating the reason, and impose a 30-day time limit for the applicant to remedy omissions or to object to the indented refusal.

Past the above time limit, if the applicant makes no reasonable objection to the intended refusal or fails to remedy omissions, the Ministry of Agriculture and Rural Development shall notify its refusal to grant the plant variety protection title. In case the applicant can remedy omissions or makes a reasonable objection to the intended refusal, the Ministry of Agriculture and Rural Development shall grant the plant variety protection title under Clause 1 of this Article.

3. A plant variety protection title may be issued in only 1 copy.

Article 12. Modification or re-grant of plant variety protection titles

1. A plant variety protection title holder that requests the modification or re-grant of its/his/her plant variety protection title shall submit a dossier to the Ministry of Agriculture and Rural Development. The dossier must comprise:

a/ A declaration form for requesting the modification or re-grant of a plant variety protection title, made according to Form No. 11 provided in the Appendix to this Decree.

b/ A certified copy of the legal document proving the change of the name or address of the plant variety protection title holder or an error related to the name or address of the plant variety protection title holder.

c/ The original of the plant variety protection title (unless the protection title is lost).

2. Within 12 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it.

a/ In case the dossier is valid, the Ministry of Agriculture and Rural Development shall issue a decision on modification or re-grant of the plant variety protection title, re-grant the protection title to the applicant, and publish such decision on its Portal and the Agriculture and Rural Development Magazine within 60 days from the date of decision issuance. The modified or re-granted plant variety protection title retains its original serial number and must bear the word “re-granted” in its lower left corner.

b/ In case the dossier is invalid, the Ministry of Agriculture and Rural Development shall notify such in writing to the protection title holder, clearly stating the reason for its refusal to accept the dossier.

Article 13. Termination, restoration and invalidation of plant variety protection titles

1. Termination of plant variety protection titles

a/ The Ministry of Agriculture and Rural Development shall issue a decision to terminate a plant variety protection title when there are grounds to believe that the protected plant variety no longer satisfies the uniformity or stability requirement as it does at the time of grant of the protection title.

b/ In case an applicant requests the termination of its/his/her plant variety protection title under Point a, Clause 1, Article 170 of the Law on Intellectual Property, it/he/she shall submit a dossier to the Ministry of Agriculture and Rural Development. The dossier must comprise:

A request for termination of a plant variety protection title, made according to Form No. 12 provided in the Appendix to this Decree;

Evidence proving that the protected plant variety no longer satisfies the uniformity or stability requirement as it does at the time of grant of the protection title.

Within 30 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it and notify such in writing to the plant variety protection title holder while organizing testing to re-assess the uniformity and stability of the plant variety.

Within 12 days after receiving results of the re-assessment of the uniformity and stability of the plant variety, the Ministry of Agriculture and Rural Development shall carry out examination. In case the third party’s objection is legally grounded, the Ministry of Agriculture and Rural Development shall issue a decision to terminate the plant variety protection title. In case the third party’s objection is legally groundless, the Ministry of Agriculture and Rural Development shall reply in writing, clearly stating the reason for its refusal to issue a decision.

c/ In case of termination of a plant variety protection title under Point c or d, Clause 1, Article 170 of the Law on Intellectual Property

Within 30 days after the Ministry of Agriculture and Rural Development sends a request for the plant variety protection title holder to change the name of the plant variety or provide propagation documents and materials necessary to maintain and store the plant variety under regulations, if the plant variety protection title holder fails to fulfill such request, the former shall issue a decision to terminate the plant variety protection title.

d/ A decision on termination of a plant variety protection title shall be published on the Agriculture and Rural Development Magazine and the Ministry of Agriculture and Rural Development’s Portal within 60 days from the date of its issuance.

2. Restoration of plant variety protection titles

a/ Plant variety protection title holders may remediate the reasons for the termination of their plant variety protection titles under Clause 5, Article 170 of the Law on Intellectual Property.

b/ Plant variety protection title holders shall submit dossiers for restoration of their plant variety protection titles to the Ministry of Agriculture and Rural Development. Such a dossier must comprise:

A request for restoration of a plant variety protection title, made according to Form No. 13 provided in the Appendix to this Decree;

Evidence proving that the reason for the termination has been remedied.

c/ Within 12 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it.

In case the dossier is valid, the Ministry of Agriculture and Rural Development shall issue a decision on restoration of the plant variety protection title, notify results to the plant variety protection title holder, and post such decision on its Portal.

In case the dossier is invalid, the Ministry of Agriculture and Rural Development shall notify such in writing to the plant variety protection title holder, clearly stating the reason for refusal to issue a decision.

3. Invalidation of plant variety protection titles

a/ The Ministry of Agriculture and Rural Development shall issue a decision on invalidation of a plant variety protection title when having grounds to prove one of the cases specified in Clause 1, Article 171 of the 2005 Law on Intellectual Property, which is revised under Clause 68, Article 1 of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property.

b/ An applicant that has an objection to one of the cases specified in Clause 1, Article 171 of the 2005 Law on Intellectual Property, which is revised under Clause 68, Article 1 of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property, shall submit a dossier to the Ministry of Agriculture and Rural Development. The dossier must comprise:

A request for invalidation of a plant variety protection title, made according to Form No. 14 provided in the Appendix to this Decree.

Evidence proving the reason for requesting the invalidation of the plant variety protection title.

Within 30 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it and notify examination results to the plant variety protection title holder.

In case the reason for requesting the invalidation of a plant variety protection title is that the plant variety protection registration application has been filed by a non-authorized person or that the protected plant variety fails to satisfy the condition on novelty by the time of grant of the plant variety protection title, if a third party’s objection is legally grounded, the Ministry of Agriculture and Rural Development shall issue a decision on invalidation of the plant variety protection title. If a third party’s objection is legally groundless, the Ministry of Agriculture and Rural Development shall notify such in writing to the applicant, clearly stating the reason for refusal to issue a decision.

In case the reason for requesting the invalidation of a plant variety protection title is that the protected plant variety fails to satisfy the condition on distinctness by the time of grant of the plant variety protection title or that the plant variety fails to satisfy the condition on uniformity or stability when the plant variety protection title is granted on the basis of results of technical testing performed by the applicant itself/himself/herself, the Ministry of Agriculture and Rural Development shall organize testing to re-assess the distinctness or uniformity or stability of such plant variety.

Within 12 days after receiving the testing results, the Ministry of Agriculture and Rural Development shall carry out examination. If a third party’s objection is legally grounded, the Ministry of Agriculture and Rural Development shall issue a decision on invalidation of the plant variety protection title. If a third party’s objection is legally groundless, the Ministry of Agriculture and Rural Development shall notify such in writing to the applicant, clearly stating the reason for refusal to issue a decision.

c/ A decision on invalidation of a plant variety protection title shall be published on the Agriculture and Rural Development Magazine and the Ministry of Agriculture and Rural Development’s Portal within 60 days from the date of its issuance.

Article 14. The National Register

1. Protected plant varieties shall be recorded in the National Register.

2. The Ministry of Agriculture and Rural Development shall make and keep the National Register of Protected Plant Varieties.

The National Register of Protected Plant Varieties records and stores information on plant variety protection titles and changes occurring during the validity duration of plant variety protection titles.

Article 15. Plant varieties that are predominantly derived from protected plant varieties

Methods of manipulating protected plant varieties (initial plant varieties) in order to create new plant varieties with traits different from those of the initial plant varieties (referred to as plant varieties that are predominantly derived from protected plant varieties under Clause 1, Article 187 of the 2005 Law on Intellectual Property, which is revised under Clause 23, Article 1 of the 2009 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property) include: gene delivery, genome editing, backcrossing, natural or artificial selection of variations or somaclonal variations, and induced mutation by whatever method.

Chapter III

PLANT VARIETY RIGHTS BEING OUTCOMES OF STATE BUDGET-FUNDED SCIENCE AND TECHNOLOGY TASKS

Article 16. Assignment of the registration right for plant varieties being outcomes of state budget-funded science and technology tasks

1. Upon the expiration of the time limit of 12 months after a completed science and technology task is tested for acceptance, if the organization in charge of such science and technology task fails to file an application for registration of rights to a plant variety or sends a report to the state owner’s representative stating that it does not wish to exercise the registration right, the state owner’s representative shall assign the registration right for the aforesaid plant variety to another organization established in accordance with Vietnam’s law or an individual who is a Vietnamese citizen and permanently residing in Vietnam. Procedures and dossiers for assigning the registration right are as follows:

a/ Within 90 days, the state owner’s representative shall notify the filing of the dossier of request for the assignment of the registration right for the plant variety on the portal or website of the agency managing the science and technology task. Contents to be notified include: name of the science and technology task; summary information on the plant variety, such as name of the plant variety, name of the plant species, main bio-agronomic characteristics; requirements and conditions on the assignee of the registration right; name of the recipient, and method of receiving the dossier for registration of the assignment of rights to the plant variety.

b/ Within the time limit specified at Point a, Clause 1 of this Article, the applicant shall file a request for assignment of the registration right, made according to Form No. 15 provided in the Appendix to this Decree, to the application recipient.

Within 12 days from the final date of dossier receipt, the state owner’s representative shall publish a list of organizations and individuals filing valid applications and the intention to assign such organizations and individuals to jointly exercise the registration right or become co-applicants for protection applications for plant varieties to be assigned on the portal or website of the agency managing the science and technology task, and impose a time limit of 7 working days from the publication date for the applicants to give their opinions on the above contents. Upon the expiration of the above time limit, if the applicants make their replies to express their agreement to become co-applicants or make no replies in writing, within 5 working days from the expiration of the above time limit, the state owner’s representative shall issue a decision to assign the plant variety protection registration right to such organizations and individuals.

2. In case it is impossible to assign the registration right to concerned organizations and individuals under Clause 1 of this Article or in the case specified at Point a, Clause 3, Article 191b of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property or the application for registration of a plant variety being the outcome of a state budget-funded science and technology task is rejected or the competent agency refuses to grant a plant variety protection title or such application is withdrawn before being published, the state owner’s representative shall publicize on the portal or website of the agency managing the science and technology task the summary information on the plant variety, including name of the plant variety, name of the plant species, and main bio-agronomic characteristics of the plant variety so that other organizations and individuals may exploit and utilize them in accordance with regulations on plant variety production and trading.

 Article 17. Responsibilities of organizations in charge of science and technology tasks, and organizations and individuals assigned the right to register plant varieties

1. Responsibilities of organizations in charge of science and technology tasks

a/ To ensure the novelty of plant varieties up to the time of assignment of the registration right to other organizations or individuals if such plant varieties have not yet been registered for protection, except where it is impossible to assign the registration right.

b/ To store and maintain plant varieties to ensure their stability as stated in descriptions at the time of pre-acceptance test of the research topics throughout the course of use of plant varieties to the time of handover of such plant varieties to other organizations or individuals, in case of assignment of the registration right or transfer of ownership of plant varieties, unless otherwise agreed upon.

2. Responsibilities of organizations and individuals assigned the registration right

a/ To register their plant varieties for protection or continue to carry out procedures for grant of plant variety protection titles.

b/ To store protected plant varieties, provide information, materials and reproductive materials of protected plant varieties at the request of the Ministry of Agriculture and Rural Development, and maintain the stability of protected plant varieties according to the described traits at the time of grant of plant variety protection titles.

3. Annually, plant variety protection title holders shall submit to agencies managing science and technology tasks reports on:

a/ Utilization and trading of plant varieties, and evaluation of the efficiency of the utilization of plant varieties;

b/ Total amount of money and profits they have received from the use, assignment of use rights or transfer of ownership of plant varieties, and payment of remuneration to breeders and distribution of profits, accompanied by financial statements;

c/ Rights protection measures currently implemented in relation to plant varieties.

Article 18. Procedures for permitting other organizations and individuals to use protected plant varieties being outcomes of state budget-funded science and technology tasks

1. The reasonable period of time specified at Point a, Clause 3, Article 191b of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property is 3 years for annual plants, short-day plants, medicinal plants, aquatic plants and mushroom varieties, or 5 years for perennial trees, forest trees and long-day plants from the date of grant of plant variety protection titles upon the expiration of which plant variety protection title holders refuse to recognize circulation or self-declare circulation of, or recognize, plant varieties under regulations.

2. In the case specified at Point b, Clause 3, Article 191b of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property, other organizations and individuals permitted to request utilization and use of plant varieties being outcomes of state budget-funded science and technology tasks shall submit a dossier of request to agencies competent to approve science and technology tasks. The dossier must comprise:

a/ A request for use of plant varieties, made according to Form No. 16 provided in the Appendix to this Decree;

b/ Documents proving that the request for utilization and use of plant varieties is grounded.

3. Within 7 working days after receiving a complete dossier, an agency competent to approve science and technology tasks shall examine it.

a/ In case the dossier is valid, the agency competent to approve science and technology tasks shall issue a decision permitting the utilization and use of plant varieties and, at the same time, notify such decision to the plant variety protection title holder and the applicant for implementation.

b/ In case the dossier is invalid, the agency competent to approve science and technology tasks shall make a written reply, clearly stating the reason.

4. A decision permitting an organization or individual other than the plant variety protection title holder to utilize and use a plant variety mentioned in Clause 3 of this Article must clearly state the scope and conditions for other organizations and individuals to utilize and use such plant variety, specifically as follows:

a/ The plant variety utilization and use right is not exclusive;

b/ The plant variety utilization and use right may only be exercised within the scope and duration enough to achieve objectives of the use permission;

c/ Organizations and individuals assigned by competent agencies the plant variety utilization and use right may not assign such right to others.

5. A plant variety protection title holder may request termination of the permission for another organization or individual to utilize and use the plant variety when the ground for permission specified at Point b, Clause 3, Article 191b of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property no longer exists, specifically as follows:

a/ It/he/she shall submit a dossier of request for termination of the utilization and use of the plant variety to the Ministry of Agriculture and Rural Development, which must comprise:

A request for termination of the use of the plant variety, made according to Form No. 17 provided in the Appendix to this Decree;

Document(s) proving that grounds for permission for the utilization and use of the plant variety no longer exist.

b/ Within 7 working days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it:

In case the dossier is valid, the Ministry of Agriculture and Rural Development shall issue a decision on termination of the utilization and use of the plant variety.

In case the dossier is invalid, the Ministry of Agriculture and Rural Development shall make a written reply, clearly stating the reason for refusal to issue a decision.

Chapter IV

TRANSFER AND ASSIGNMENT OF RIGHTS TO PROTECTED PLANT VARIETIES

Article 19. Registration for transfer of rights to protected plant varieties

1. After a contract on transfer of rights to a plant variety is entered into in accordance with law, a dossier of request for transfer registration shall be submitted to the Ministry of Agriculture and Rural Development, which must comprise:

a/ A declaration form for transfer registration, made according to Form No. 18 provided in the Appendix to this Decree;

b/ A certified copy of the contract on transfer of the plant variety ownership. The contract must be made in Vietnamese or translated into Vietnamese with every page bearing signatures or fan-stamp of the contracting parties;

c/ The original of the protection title for the transferred plant variety;

d/ The original of the consent of the plant variety co-owners, in case the plant variety is under joint ownership.

2. Within 30 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it.

a/ In case the dossier is valid, the Ministry of Agriculture and Rural Development shall issue a notice of the transfer of rights of the plant variety protection title holder, recognizing the transferee as the plant variety protection title holder, update information thereon to the National Register, grant a plant variety protection title based on the transfer recognition information, and post such notice on its Portal.

b/ In case the dossier is invalid, the Ministry of Agriculture and Rural Development shall make a written reply, clearly stating the reason for refusal to issue a notice.

Article 20. Competence to decide on compulsory assignment of the plant variety use right

1. The Ministry of Agriculture and Rural Development shall issue decisions on compulsory assignment of the right to use protected plant varieties of agricultural, forest and aquatic plant species.

2. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Health in, issuing decisions on compulsory assignment of the right to use protected plant varieties as medicaments.

Article 21. Cases of compulsory assignment of the right to use protected plant varieties

1. Cases of compulsory assignment of the right to use protected plant varieties:

a/ The use of plant varieties is for public and non-commercial purposes, to meet national defense, security, food security and nutrition needs for the people, or to meet urgent needs of the society such as response to disasters, epidemics, wars and environmental pollution on a large scale;

b/ Persons wishing and capable to use plant varieties cannot reach agreement with holders of the exclusive right to use plant varieties on the signing of contracts on use of such plant varieties even though they have tried for 12 months to conduct negotiations at satisfactory prices and commercial terms (except force majeure events);

c/ Holders of the exclusive right to use plant varieties are regarded as having committed prohibited competition restraint practices under the competition law.

2. In case of use of plant varieties under Point a, Clause 1 of this Article, the Ministry of Agriculture and Rural Development shall publicly notify information on the demand for plant varieties, including: names of plant varieties, use purposes, quantity of varieties to be used, scope and duration of meeting assignment purposes, and time limit for dossier submission for organizations and individuals to register the use of plant varieties.

Article 22. Compensation rate bracket for compulsory assignment of the plant variety use right

The Ministry of Agriculture and Rural Development shall hire price appraisal enterprises to conduct price appraisal for plant varieties subject to compulsory assignment of the plant variety use right under current regulations. Price appraisal results serve as one of the bases for the Ministry of Agriculture and Rural Development to determine a compensation rate bracket for plant varieties subject to compulsory assignment of the plant variety use right.

In case it is impossible to hire a price appraisal enterprise, the Ministry of Agriculture and Development shall form a price appraisal council to determine a compensation rate bracket for plant varieties subject to compulsory assignment of the plant variety use right.

Article 23. Procedures for assignment of the right to use protected plant varieties under compulsory decisions

1. Subjects eligible for assignment of the right to use protected plant varieties under compulsory decisions:

a/ Organizations and individuals that wish to use plant varieties in the case specified at Point a, Clause 1, Article 21 of this Decree;

b/ Organizations and individuals that cannot reach agreement on the use of plant varieties or suffer competition obstruction in the cases specified at Points b and c, Clause 1, Article 21 of this Decree.

2. Organizations and individuals shall submit a dossier to the Ministry of Agriculture and Rural Development. The dossier must comprise:

a/ A request for compulsory assignment of the plant variety use right, made according to Form No. 19 provided in the Appendix to this Decree, clearly stating the scope of and time limit for the compulsory assignment;

b/ The original of the financial capacity report, made according to Form No. 20 provided in the Appendix to this Decree;

c/ A certified copy of the document proving that the request for compulsory assignment of the plant variety use right is grounded in accordance with law in the cases specified at Points b and c, Clause 1, Article 21 of this Decree;

d/ A power of attorney in case the dossier is filed through a rights representation service organization. The power of attorney must state the authorizing party and the authorized party, scope and volume of authorized jobs, and duration of authorization.

3. Order and procedures for compulsory assignment of the right to use protected plant varieties under Point a, Clause 1, Article 21 of this Decree:

a/ Within 15 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it.

b/ In case the dossier is valid, the Ministry of Agriculture and Rural Development shall issue a decision on compulsory assignment of the plant variety use right and notify such decision to the assignor and the assignee for implementation.

c/ In case the dossier is invalid, the Ministry of Agriculture and Rural Development shall make a written reply to the applicant, clearly stating the reason for refusal to issue a decision.

4. Order and procedures for compulsory assignment of the right to use protected plant varieties under Points b and c, Clause 1, Article 21 of this Decree:

a/ Within 12 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it and issue a notice of the request for compulsory assignment of the plant variety use right to the holder of the exclusive right to use the plant variety.

b/ Within 30 days from the date of issuance of a notice, the holder of the exclusive right to use the plant variety shall give a written reply.

c/ In case the holder of the exclusive right to use the plant variety fails to give a reply or makes a written consent to the request for compulsory assignment of the plant variety use right, the Ministry of Agriculture and Rural Development shall issue a decision on compulsory assignment of the plant variety use right.

d/ In case the holder of the exclusive right to use the plant variety makes an objection to the request for compulsory assignment of the plant variety use right, the Ministry of Agriculture and Rural Development shall consider the objection within 12 days after receiving it:

In case the request for compulsory assignment of the plant variety use right complies with regulations, the Ministry of Agriculture and Rural Development shall issue a decision on compulsory assignment of the plant variety use right and notify such decision to the assignor and the assignee for implementation.

In case the request for compulsory assignment of the plant variety use right is made without being based on the grounds specified at Points b and c, Clause 1, Article 21 of this Decree, the Ministry of Agriculture and Rural Development shall issue a notice of rejection of the request, clearly stating the reason.

Article 24. Modification, termination or invalidation of decisions on compulsory assignment of the right to use protected plant varieties

1. A decision on compulsory assignment of the plant variety use right may:

a/ Be modified when there is a change in the conditions for its issuance;

b/ Be terminated when the conditions for its issuance no longer exist;

c/ Be invalidated when there are grounds to prove that it is illegal.

2. A plant variety protection title holder that requests the modification, termination or invalidation of a decision on compulsory assignment of the plant variety use right shall submit a dossier to the Ministry of Agriculture and Rural Development. The dossier must comprise:

a/ A request for modification, termination or invalidation of a decision on compulsory assignment of the plant variety use right, made according to Form No. 21 provided in the Appendix to this Decree;

b/ A certified copy of the document proving that the modification, invalidation or termination of the decision is grounded and is not likely to cause damage to the assignee;

c/ A power of attorney in case the dossier is submitted through a rights representation service organization. The power of attorney must state the authorizing party and the authorized party, scope and volume of authorized jobs, and duration of authorization.

3. Within 12 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it.

a/ In case the request for modification, termination or invalidation of a decision on compulsory assignment of the plant variety use right is grounded, the Ministry of Agriculture and Rural Development shall issue a decision on modification, termination or invalidation of the decision and notify such decision to the assignor and the assignee for implementation.

b/ In case the request for modification, termination or invalidation of a decision on compulsory assignment of the plant variety use right is made without being based on the grounds specified in Article 195 of the 2005 Law on Intellectual Property, the Ministry of Agriculture and Rural Development shall issue a notice of rejection of the request, clearly stating the reason.

Chapter V

PLANT VARIETY RIGHTS REPRESENTATION

Article 25. Scope of rights of plant variety rights representation

1. A plant variety rights representation service organization may only provide services within the scope of authorization and may authorize another plant variety rights representation service organization to provide services if it is so agreed by the representation-authorizing party.

2. Obligations of plant variety rights representation service organizations:

a/ To refrain from representing disputing parties with regard to plant variety rights;

b/ To refrain from withdrawing applications for protection titles, declare waiver of the protection or withdraw complaints about the establishment of plant variety rights without permission by representation-authorizing parties;

c/ To refrain from deceiving or forcing customers to enter into and perform plant variety rights representation service contracts;

d/ To refrain from using or disclosing information related to protection registration applications not yet published by the Ministry of Agriculture and Rural Development.

Article 26. Legal training in plant variety rights

1. Contents of legal training in plant variety rights include:

a/ The law on plant variety rights, including Vietnam’s regulations and treaties and guiding documents and cooperation agreements to which Vietnam is a contracting party;

b/ Legal documents on the state management of plant varieties;

c/ Procedures for establishment of plant variety rights, search for and utilization of plant variety protection information;

d/ Regulations on DUS testing: DUS testing documents, and performance of DUS testing.

2. Institutions providing legal training in plant variety rights and issuing certificates shall:

a/ Formulate training programs based on the framework training program as specified in Form No. 22 provided in the Appendix to this Decree;

b/ Organize the compilation and approval of textbooks or select appropriate textbooks for use as official teaching and learning materials; print certificate templates and issue certificates of legal training in plant variety rights according to Form No. 23 provided in the Appendix to this Decree for individuals who have completed all contents of legal training in plant variety rights;

c/ Send lists of individuals granted certificates of legal training in plant variety rights to the Ministry of Agriculture and Rural Development within 30 days after such certificates are granted.

Article 27. Expertise testing of plant variety rights representation

1. Contents of expertise testing of plant variety rights representation:

a/ The law on plant variety rights, including Vietnam’s regulations and treaties and guiding documents and cooperation agreements to which Vietnam is a contracting party;

b/ Law application skills in carrying out procedures for establishment of plant variety rights; search for and utilization of plant variety protection information; and performance of DUS testing.

2. The Ministry of Agriculture and Rural Development shall notify on its Portal the organization of expertise testing of plant variety rights representation, clearly stating conditions for test takers, procedures for dossier submission, testing contents, time and place.

3. Individuals who fully satisfy the following conditions may register to take tests under this Article:

a/ Being Vietnamese citizens and having full civil act capacity;

b/ Permanently residing in Vietnam;

c/ Possessing university or higher degree in the major of crop production, plant protection, biology, silviculture or law;

d/ Having personally been engaged in legal affairs concerning plant variety rights for at least 5 years or having personally carried out  the examination of plant variety rights registration applications at national or international agencies in charge of plant variety rights for at least 5 years or having graduated from legal training courses on plant variety rights as recognized by competent authorities.

4. Individuals who register to take tests to be granted certificates of expertise testing of plant variety rights representation shall submit dossiers to the Ministry of Agriculture and Rural Development. The dossier must comprise:

a/ A declaration form for test registration, made according to Form No. 24 provided in the Appendix to this Decree;

b/ A copy of the applicant’s graduate or postgraduate degree (with the original produced for collation, unless the copy has been certified);

c/ A copy of the applicant’s certificate of legal training in plant variety rights (with the original produced for collation, unless the copy has been certified) or a copy of the recruitment decision or labor contract and another document proving the applicant’s professional experience (with the original produced for collation, unless the copy has been certified);

d/ Two 3 cm x 4 cm photos of the applicant.

The Ministry of Agriculture and Rural Development shall examine the testing registration dossier and issue a notice to the individual who submits a valid dossier 15 days before the date of testing, clearly stating the testing plan.

5. The Ministry of Agriculture and Rural Development shall issue a decision on the formation of the Council for expertise testing of plant variety rights representation (below referred to as the Testing Council).

a/ The Testing Council is composed of 5 persons, with its Chairperson being a leader of the unit assigned to perform the state management of plant variety protection; its members being experienced and reputable experts in the field of plant variety protection; and its administrative secretary being a civil servant assigned the plant variety protection task.

b/ The Testing Council shall formulate a question bank (including answers and scoring scales).

6. Organization of testing

a/ Test questions shall be randomly selected by the Chairperson of the Testing Council from the question bank.

b/ The Testing Council shall mark test papers based on answers and scoring scales of test questions.

c/ A person who gets a score of 5 points or higher on a 10-point scale shall be considered satisfying the set requirements.

7. Within 20 days from the date a test is organized, the Chairperson of the Testing Council shall notify test results on the Portal of the Ministry of Agriculture and Rural Development and grant certificates, made according to Form No. 25 provided in the Appendix to this Decree, to persons satisfying the set requirements.

Article 28. Grant of plant variety rights representation service practice certificates

1. An individual who satisfies the conditions to be granted a rights representation service practice certificate specified in Clause 66, Article 1 of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property shall submit a dossier to the Ministry of Agriculture and Rural Development. The dossier must comprise:

a/ An application for a plant variety rights representation service practice certificate, made according to Form No. 26 provided in the Appendix to this Decree;

b/ A copy of the applicant’s certificate of satisfaction of the set requirements at the expertise test of plant variety rights representation;

c/ Two 3cm x 4cm photos of the applicant.

2. Within 12 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it.

a/ In case the dossier is valid, the Ministry of Agriculture and Rural Development shall issue a decision and grant a plant variety rights representation service practice certificate, made according to Form No. 27 provided in the Appendix to this Decree, notify results and post such decision on its Portal.

b/ In case the dossier is invalid, the Ministry of Agriculture and Rural Development shall reply in writing to the applicant, clearly stating the reason.

Article 29. Re-grant of plant variety rights representation service practice certificates

1. An individual whose practice certificate is lost, torn, dirty or faded to the extent that it is no longer usable and who requests re-grant of a plant variety rights representation service practice certificate shall submit a dossier to the Ministry of Agriculture and Rural Development. The dossier must comprise:

a/ A request for re-grant of a plant variety rights representation service practice certificate, made according to Form No. 28 provided in the Appendix to this Decree;

b/ The original of the plant variety rights representation service practice certificate, in case the certificate is torn, dirty or faded to the extent that it is no longer usable;

c/ One 3cm x 4cm photo of the applicant.

2. Within 10 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it.

a/ In case the dossier is valid, the Ministry of Agriculture and Rural Development shall issue a decision and re-grant a plant variety rights representation service practice certificate, notify results and post such decision on its Portal.

b/ In case the dossier is invalid, the Ministry of Agriculture and Rural Development shall reply in writing to the applicant, clearly stating the reason.

Article 30. Revocation of plant variety rights representation service practice certificates

1. A plant variety rights representation service practice certificate holder will have his/her certificate revoked in the following cases:

a/ He/she has terminated plant variety rights representation activities;

b/ He/she longer meets the conditions for being granted a plant variety rights representation service practice certificate specified in Clause 66, Article 1 of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property;

c/ He/she fails to perform the rights representation responsibility specified in Clause 66, Article 1 of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property or Clause 2, Article 25 of this Decree;

d/ He/she commits a serious violation in plant variety rights representation activities;

dd/ He/she abuses his/her plant variety rights representation capacity to carry out activities outside the scope of plant variety rights representation services specified in Clause 1, Article 25 of this Decree;

e/ Other cases specified by law that are subject to compulsory revocation of certificates.

2. When there are grounds for certificate revocation specified in Clause 1 of this Article, within 15 days, the Ministry of Agriculture and Rural Development shall issue a decision on revocation of a plant variety rights representation service practice certificate and post such decision on its Portal.

Article 31. Recognition of plant variety rights representation service organizations

1. An organization that satisfies the conditions specified at Point 2, Clause 66, Article 1 of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property and requests to be recognized as a rights representation service organization shall submit a dossier to the Ministry of Agriculture and Rural Development. The dossier must comprise:

a/ A request for recognition of a plant variety rights representation service organization, made according to Form No. 29 provided in the Appendix to this Decree;

b/ A list of members who possess plant variety rights representation service practice certificates and certified copies of recruitment decisions or labor contracts signed between such members and the rights representation service organization.

2. Within 15 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it.

a/ In case the dossier is valid, the Ministry of Agriculture and Rural Development shall issue a notice of recognition of a plant variety rights representation service organization, notify results to the applicant and post such notice on its Portal.

b/ In case the dossier is invalid, the Ministry of Agriculture and Rural Development shall reply in writing to the applicant, clearly stating the reason.

Article 32. Re-recognition of plant variety rights representation service organizations

1. An organization that satisfies the conditions specified in Clause 2, Article 165 of the 2005 Law on Intellectual Property, which is revised under Clause 66, Article 1 of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property, makes a change in information about its name and address, and requests to be re-recognized as a rights representation service organization shall submit a dossier to the Ministry of Agriculture and Rural Development. The dossier must comprise:

a/ A request for re-recognition of a plant variety rights representation service organization, made according to Form No. 30 provided in the Appendix to this Decree;

b/ A list of members who possess plant variety rights representation service practice certificates and certified copies of recruitment decisions or labor contracts signed between such members and the rights representation service organization.

2. Within 10 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall examine it.

a/ In case the dossier is valid, the Ministry of Agriculture and Rural Development shall issue a notice of re-recognition of a plant variety rights representation service organization, notify results to the applicant and post such notice
on its Portal.

b/ In case the dossier is invalid, the Ministry of Agriculture and Rural Development shall reply in writing to the applicant, clearly stating the reason.

Article 33. Deletion of names of plant variety rights representation service organizations

1. A plant variety rights representation service organization will have its name deleted in the following cases:

a/ It has terminated the provision of plant variety rights representation services;

b/ It no longer satisfies one of the conditions for provision of rights representation services specified in Clause 66, Article 1 of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property;

c/ It fails to perform the rights representation responsibility specified in Clause 66, Article 1 of the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property or Clause 3, Article 27 of this Decree;

d/ It commits a serious violation in the provision of plant variety rights representation services;

dd/ It abuses its plant variety rights representation capacity to carry out activities outside the scope of plant variety rights representation services specified in Clause 1, Article 25 of this Decree.

2. In case a rights representation service organization falls into one of the cases specified in Clause 1 of this Article, the Ministry of Agriculture and Rural Development shall consider issuing a decision to delete the former’s name and post such decision on its Portal.

Article 34. Responsibilities of the Ministry of Agriculture and Rural Development and related ministries and sectors

1. The Ministry of Agriculture and Rural Development shall perform the state management of plant variety rights nationwide and organize the implementation of this Decree, specifically as follows:

a/ To organize the grant, re-grant, termination or invalidation of plant variety protection titles;

b/ To organize the formulation and issuance of DUS testing guidelines or Vietnam Standard (TCVN) on DUS testing for new plant species;

c/ To disseminate laws and provide training and further training in plant variety rights protection knowledge and skills;

d/ To examine, inspect, and handle administrative violations in plant variety rights protection;

dd/ To undertake international cooperation on plant variety rights protection;

e/ To manage plant variety rights representation activities; to recognize, re-recognize, delete names of, and recognize changes in information about, plant variety rights representation service organizations; to grant, re-grant and revoke plant variety rights representation service practice certificates;

g/ To examine activities of legal training in plant variety rights and activities of rights representation service organizations;

h/ To organize information and statistics activities on plant variety rights protection;

i/ To update the database on plant variety protection on the Portals of the Ministry of Agriculture and Rural Development and competent authority of the UPOV.

2. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their assigned tasks and powers, perform the state management of plant variety rights in accordance with law.

Article 35. Responsibilities of provincial-level People’s Committees

1. To organize public communication about, and implementation of policies and laws on, plant variety rights protection.

2. To examine, inspect, and handle administrative violations in plant variety rights protection.

3. To direct People’s Committees of provincial cities, urban districts, rural districts and towns to take measures to enhance the state management of plant variety rights protection in their localities.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 36. Effect

1. This Decree takes effect on November 15, 2023.

2. From the effective date of this Decree, the following documents cease to be effective:

a/ The Government’s Decree No. 88/2010/ND-CP of August 16, 2010, detailing and guiding the implementation of a number of articles of the Law on Intellectual Property and the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property regarding plant variety rights;

b/ The Minister of Agriculture and Rural Development’s Circular No. 16/2013/TT-BNNPTNT of February 28, 2013, guiding the protection of plant variety rights;

c/ The Minister of Agriculture and Rural Development’s Circular No. 03/2021/TT-BNNPTNT of June 22, 2021, amending and supplementing a number of articles of the Minister of Agriculture and Rural Development’s Circular No. 16/2013/TT-BNNPTNT of February 28, 2013, guiding the protection of plant variety rights.

Article 37. Transitional provisions

Plant variety registration applications submitted to competent agencies before the effective date of this Decree must continue to comply with the legal documents effective at the time of dossier submission, except the modification and supplementation of protection registration applications and DUS testing registration applications, which must comply with this Decree if any procedures arise after the effective date of this Decree.

All rights and obligations under protection titles granted in accordance with law before the effective date of this Decree and the procedures for maintaining, modifying or assigning the use right and transferring ownership related to such protection titles must comply with this Decree, except grounds for invalidation of a protection title, which must comply with the legal documents effective at the time of grant of protection titles.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG

* The Appendix to this Decree is not translated.