|
NATIONAL
ASSEMBLY
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
Law No.
31/2018/QH14
|
Hanoi, November
19, 2018
|
LAW
CROP PRODUCTION
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly hereby passes the Law on
Crop Production.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for crop production activities;
rights and obligations of crop farming entities and persons; state management
of plant production activities.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
For the purposes of this Law, terms used herein
shall be construed as follows:
1. Plant production means an economic –
technical agricultural industry in connection to the cultivation of
agricultural crops, ornamental plants and edible mushrooms for human use.
2. Crop production activities comprise
activities related to plant varieties, fertilizers, crop cultivation,
harvesting, handling, storage, processing, trading and management of quality of
agricultural produce.
3. Crop cultivation means the process by
which humans use natural resources, agricultural equipment, supplies and apply
the manufacturing process in order to create different crop products.
4. Crop product means the harvest part of an
agricultural crop, ornamental plant and edible mushroom.
5. Plant variety means a population of
plants that can be distinguished from other populations of plants through the
expression of at least one trait which is passed to the next; is uniform in
morphological characteristics and stable over the cycle of propagation; has the
value for cultivation or use; includes agricultural plant varieties, medicinal
plant varieties, ornamental plant varieties and edible mushroom varieties.
6. Propagating material means a plant or its
vegetative part, edible mushroom or its vegetative part that can develop into a
new individual and can be used for vegetative propagation or seeding.
7. Major crop means the most common plant
species that are important for economic development and need to be closely
managed.
8. Annual plant means a crop that is
planted, harvested and completes its life cycle within one year, including
annual trees, including an annual plant whose root is stored.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
10. Distinctness of a plant variety means
the ability to clearly distinguish a plant variety from widely known plant
varieties.
11. Uniformity of a plant variety means the
same expression of the plant variety for the relevant characteristics, except
for the deviations within the allowable limits for certain particular
characteristics in the propagation process.
12. Stability of a plant variety means the
stable expression of relevant characteristics which are like initially
described ones, and remain unchanged after each propagation season or after
each propagation cycle in the case of the cycle-specific propagation of plant
varieties.
13. Plant variety testing means the
monitoring and evaluation of indicators for determining distinctness,
uniformity, stability, value for cultivation and use, of plant varieties
according to certain methods.
14. Controlled testing means the test on a
plant variety in an artificial environment so that the plant variety can
express all characteristics of tolerance to harmful organisms and unfavorable
conditions.
15. Fertilizer testing means the monitoring
and evaluation of indicators to determine the mode of use, the environmental
impact, the agronomic efficiency and the economic efficiency of each fertilizer
product.
16. Narrow field testing means the test
which takes place on a field or small plot, is repeated and conducted in
conformity with national standards on testing methods for test subjects.
17. Wide field testing means the test which
takes place on a field or large plot, is not repeated and is conducted in
conformity with national standards on testing methods for test subjects.
18. First-generation plant means the best
plant which is selected and recognized amongst a plant’s population.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
20. Fertilizer means products that provide
nutrients or improve soil to increase crop yield and quality.
21. Fertilizer quality index means 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 found in a fertilizer means
a chemical element essential for the growth and development of plants.
Article 3. Principles of crop
production activities
1. Develop crop production according to the value
chain, connect it with market orientations, correspond to crop production
development strategies, planning and proposals for use of land and other
resources; create favorable conditions for the development of cooperation and
cooperation in production and the establishment of areas for the concentrated
commodity production, contract-based production and production obtaining
quality certification; maintain food security; balance the interests of the
State and those of organizations and individuals.
2. Make effective, economical and sustainable use
of natural resources and infrastructure facilities; use agricultural supplies
in a safe and efficient manner.
3. Comply with technical standards and regulations
on land and water environmental quality and production processes; ensure food
safety, biosafety, epidemic safety and environmental protection.
4. Promote regional advantages, connect crop
production activities with the conservation of specialty and indigenous
cultivated crop varieties; protect sustainable crop cultivation systems,
agricultural heritage, landscape and culture associated with eco-tourism and
new rural development.
5. Proactively forecast, prevent and control
natural disasters and harmful organisms; make adaptations to climate change.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 4. State policies on
crop production activities
1. The State shall invest in the following
activities:
a) Enumerating, investigating and building
databases of crop production activities; databases of market information and
forecasting; developing strategies for crop production development;
establishing technical standards and regulations on crop farming activities;
b) Building and improving infrastructure facilities
and equipment of state-owned science and technology bodies specialized in
conducting policy and fundamental researches in the crop production sector;
c) Science and technology activities referred to in
point a and b of clause 2 of Article 6 herein;
d) Training agricultural extension personnel
working in areas facing difficult or extremely socio-economic conditions.
2. In each period and within the capacity of the
state budget, the State shall support the following activities:
a) Production connection, development of
concentrated commodity production areas and organic crop production zones;
shift in the crop structure; farming on the sloping land, lowland, alkaline
soil, saline soil, sandy soil at or near the coast, soil at risk of
desertification or degradation; development of material areas serving the needs
of processing plants; management of planting zones and commodity origin
tracking;
b) Science and technology activities referred to in
point c of clause 2 of Article 6 herein;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) Construction of infrastructure, analysis and
evaluation of primary crop production conditions, agro-chemical and soil
evaluation for the concentrated commodity production; building of infrastructure
facilities intended for crop produce preservation, storage and processing;
production of organic fertilizers, biological 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,
new original and commercial varieties; revitalization of specialty varieties
and indigenous crop varieties; preservation of first-generation plants;
protection and development of first-generation plant gardens; import of new
varieties, disposition of plant variety property rights;
g) Construction of wholesale markets in crop
products; branding, trade promotions, development of markets for consumption of
crop products;
h) Restoration of crop production in case of
natural disasters or epidemics that may occur;
i) Workforce training; transfer of technological
breakthroughs and advances in agricultural extension in the crop production
industry.
3. The State shall encourage organizations and
individuals to invest in activities specified in clauses 1 and 2 of this
Article and the following activities:
a) Cooperation and affiliation in research and
development, business, supply of engineering services, technology transfer and
related activities in the crop production sector;
b) Private sector investment in public services in
the crop production industry; improvement of the capacity for performing
conformity assessment activities;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) Organic farming, farming associated with
ecotourism, landscape protection, culture and history at rural areas;
dd) Use of organic fertilizers.
Article 5. Crop production
development strategy
1. The crop production development strategy shall
be developed over the cycle of 10 years with vision towards 20 years; shall be
appropriate for the socio-economic development strategy, other relevant
planning schemes and proposals.
2. The crop production development strategy must
define viewpoints, regulatory principles, visions, objectives, tasks, solutions
and conduct of implementation of tasks of crop production development across
the country.
3. The Ministry of Agriculture and Rural
Development shall preside over and cooperate with Ministries, Ministry-level
agencies and provincial People’s Committees in formulating and submitting to
the Prime Minister the Strategy for development of crop production.
Article 6. Scientific and
technological activities in the crop production industry
1. Scientific and technological activities in the
crop production industry shall be performed in accordance with this Law and
other legislation on science and technology and technology transfers.
2. Scientific and technological activities in the
crop production industry shall receive the State’s investment or investment
incentives, including:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Collecting, keeping, conserving and making best
use of genetic resources of precious, rare plant varieties, specialty plant
varieties and indigenous cultivated plant varieties; building crop 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
crop production practices adaptable to climate change.
Article 7. International
cooperation in crop production
1. The State of the Socialist Republic of Vietnam
shall carry out international cooperation in crop production with countries,
territories and international organization on the basis of equality, mutual
interest, respect for national independence, sovereignty and legislation of
each partner and international laws.
2. Tasks of international cooperation in crop
production include:
a) Scientific research and technology transfer
regarding plant varieties, agricultural supplies, processes and crop production
technologies, postharvest technologies, information exchange and crop genetic
resources;
b) Training of high-quality personnel working in
the crop production industry;
c) Investment cooperation, production affiliation,
forecast and development of markets for consumption of crop produce;
d) Construction and mutual recognition of quality
certification systems in the crop production industry.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 8. National crop
production database
1. The national crop production database is the
information system relating to crop production which is set up in a uniform
manner from the central government level to the local jurisdiction level and is
standardized for update, operation and management by using the information
technology.
2. National crop production databases shall be
composed of the followings:
a) Database of legislative documents and regulatory
documents relating to the crop production;
b) Crop production, preservation, processing and
trading database;
c) Database of scientific research and
technological development results, technical standards and regulations;
database of soil nutrition and use of farming land; database of plant
varieties, fertilizers and irrigation water;
d) Other crop database.
3. Organizations and individuals shall be required
to supply information, update and utilize the national crop production database
under the provisions of law.
4. The Minister of Agriculture and Rural
Development shall regulate provision of information, update, utilization and
management of the national crop production database.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Manufacturing, trading and importing plant
varieties which have not obtained circulation decisions or circulation self-declaration,
unless otherwise permitted by competent authorities.
2. Producing, trading and importing fertilizers
which have not yet obtained circulation recognition decisions in Vietnam,
except for the import of fertilizers specified in clause 2 of Article 44
herein, and the production of fertilizers for export under contracts with
foreign organizations and individuals.
3. Producing and trading plant varieties that do
not meet production and trading requirements; producing and trading fertilizers
which have not yet been granted the certificates of compliance with fertilizer
production or trading regulations.
4. Producing, trading and importing plant
varieties, fertilizers, other agricultural supplies and plant products which
are counterfeit, expire and are of unknown origin.
5. Providing information on plant varieties and
fertilizers which is inconsistent with information already approved by
competent authorities or self-declared information.
6. Illegally rendering such services as testing,
trial and assessment of plant variety fields, evaluation and certification of
quality of plant varieties, crop products and fertilizers.
7. Providing the wrong or forged results of trial,
testing, assessment of crop variety cultivation field, inspection, evaluation, certification
of quality, conformance to standards and regulations regarding agricultural
supplies and crop products.
8. Illegally exporting plant varieties in the
nomenclature of crop genetic resources prohibited for export.
9. Exercising farming practices harming crops,
livestock and human health; causing environmental pollution; degradation and
depletion of land, water resources and biodiversity.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Chapter II
PLANT VARIETIES
Section 1. RESEARCH,
EXPLOITATION, USE AND CONSERVATION OF CROP GENETIC RESOURCES
Article 10. Research on
selection, generation of and technology transfer regarding crop genetic
resources
1. Conducting researches on selection, generation
and technology transfer regarding crop genetic resources in accordance with
legislative regulations on science and technology, technology transfer and
biodiversity.
2. Prioritizing researches in selection and
generation of crop genetic resources as prescribed in points a and b of clause
2 of Article 6 herein.
Article 11. Exploitation and
utilization of crop genetic resources
1. Crop genetic resources shall include genetic
resources already granted or endorsed by circulation recognition decisions or
permission for circulation self-declaration; plant varieties which have been
prevalent in crop production activities, specialty plant varieties, indigenous
plant varieties and/or imported plant varieties which have not yet been granted
circulation recognition decisions or permission for circulation
self-declaration.
2. The exploitation and utilization of crop genetic
resources shall be subject to the provisions of this Law and the legislation on
biodiversity.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Conservation of crop genetic resources shall be
comprised of the following activities:
a) Inspecting, collecting, retaining and building
banks of crop genetic resources;
b) Decoding genes, evaluating agronomic and
biological indicators and useful value of crop genetic resources;
c) Establishing and sharing data, documentary
information systems and crop genetic resources.
2. The Government shall adopt detailed regulations
on the conservation of crop genetic resources and shall promulgate the nomenclature
of crop genetic resources prohibited from export.
Section 2. RECOGNITION OF
CIRCULATION AND SELF-DECLATION OF CIRCULATION OF PLANT VARIETIES
Article 13. General
requirements concerning recognition of circulation and self-declaration of
circulation of plant varieties
1. Plant varieties belonging to the main plant
species may be produced, traded, exported or imported only after being granted
the decision on recognition of plant variety circulation as provided for in Article
15 hereof, or granted the Decision on recognition of privileged circulation of
plant varieties as provided for in Article 16 hereof, except in the case where
plant varieties are intended for research, trial, exhibition, international
exchange or production of hybrid seeds for export.
2. Plant varieties not belonging to the main plant
species may be produced, traded, exported or imported only if breeding
organizations or individuals are granted permission for self-declaration of
circulation of plant varieties as provided for in Article 17 hereof, except in
the case where plant varieties are intended for research, trial, advertisement,
exhibition, international exchange or production of hybrid seeds for export. In
case where organizations and individuals wish to apply for the decision on
recognition of circulation of plant varieties, they must comply with the
provisions of Article 15 of this Law; or if they wish to apply for the
decisions on recognition of the privileged circulation of plant varieties, they
must comply with the provisions of Article 16 of this Law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. The grant of the decision on recognition of
circulation of plant varieties shall be effected concurrently with the grant of
the plant variety patent if organizations and individuals applying for
recognition of circulation of plant varieties under their own names make their
requests and satisfy the requirements concerning the protection of plant
varieties in accordance with the law on intellectual property.
5. Plant varieties belonging to the main plant
species must be tested by accredited independent testing bodies (hereinafter
referred to as plant variety testing body or bodies) before granting or
extending the decision on recognition of circulation of plant varieties, except
in the case where plant varieties are granted the decision on recognition of
privileged circulation of plant varieties as stipulated in Article 16 of this
Law.
Ornamental plant varieties belonging to the main
plant species must be trialed in accordance with clause 2 of Article 18 herein.
6. Over periods of time, the Minister of
Agriculture and Rural Development shall promulgate and amend the Nomenclature
of main crops.
Article 14. Names of plant varieties
1. The name of a plant variety shall not be
accepted in the following cases:
a) The name includes numerals only;
b) The name violates historical, cultural, moral
traditions, national customs and values.
c) The name is read or written the same as the name
of a national leader, hero/heroine, celebrity, a food, beverage or
pharmaceutical;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd) The name easily causes mistakes about the
particulars or characteristics of that plant variety;
e) The name easily causes mistakes about the
author’s name;
g) The name is the same as the name of the patented
plant variety.
2. Organizations and individuals trading plant
variety propagating materials must use the plant variety’s name obtaining the
decision on recognition of circulation of plant varieties or permission for
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 a
name of the plant variety recognized for circulation or declared for
circulation for production and trading purposes, the name must be easily
identifiable.
Article 15. Issuance,
re-issuance, renewal, suspension, restoration and revocation of the decision on
recognition of circulation of plant varieties
1. Requirements for grant of the decision on
recognition of circulation of a plant variety shall be composed of the
followings:
a) That plant variety's name is available;
b) Trial results show the distinctness, uniformity
and stability of that plant variety;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) Plant variety samples are preserved under the
provisions of Article 20 herein;
dd) The declaration of information about that plant
variety and cultivation processes is prepared by an organization or individual
bearing its/his/her name on an application for the decision on recognition of
circulation of that plant variety.
2. The decision on recognition of circulation of an
annual plant variety has its validity period of 10 years and 20 years for that
of a perennial plant variety. Both may be extended.
3. The 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. The decision on recognition of circulation of a
plant variety may be extended if the following requirements are met:
a) An organization or individual makes its/his/her
request for such extension;
b) The results of the controlled trial stipulated
in point a of clause 2 of Article 18 herein shows that plant variety conforms
to national standards regarding its value for cultivation and use.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6. The decision on recognition of circulation of a
plant variety which has been suspended may be restored if the organization or
individual awarded that decision has managed to correct the failure specified
in clause 5 of this Article.
7. The decision on recognition of circulation of a
plant variety may be revoked in the following cases:
a) It is established that the application
documentation for recognition of circulation of a plant variety is fraudulent;
b) The distinctness of the plant variety has not
been maintained the same as that determined on the date of grant of the
decision on recognition of circulation of the plant variety;
c) The failure referred to in clause 5 of this
Article has not been corrected;
d) The holder of the decision has already been
subject to an administrative penalty and repeats its/his/her offence;
dd) The holder of the decision commits other
violation of law that results in revocation of that decision in accordance with
laws in force.
8. The Government shall regulate application
documents, processes, procedures for, authority over issuance, re-issuance,
renewal, suspension, restoration and revocation of the decision on recognition
of circulation of a plant variety.
Article 16. Grant of the
decision on recognition of circulation of a plant variety
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The plant variety is a specialty or indigenous propagated
one, or the plant variety existing and used for crop production purposes for a
long time or the one requested for grant of such decision by local
jurisdictions;
b) The description of particulars and status of the
plant variety is available;
c) Plant variety samples are preserved under the
provisions of Article 20 herein.
2. As for the decision on recognition of privileged
circulation of a plant variety referred to in clause 1 of this Article,
provisions laid down in clause 2, 4, 5 and 6 herein shall not be applied.
3. The Government shall regulate application
documents, processes, procedures for, authority over issuance, re-issuance and
revocation of the decision on recognition of privileged circulation of a plant
variety.
Article 17. Self-declaration
of circulation of a plant variety
1. Requirements for self-declaration of circulation
of a plant variety shall be as follows:
a) That plant variety's name is available;
b) The plant variety has the value for cultivation
or use conformable to national standards applied to plant species obtaining
permission for self-declaration of circulation; in the absence of national
standards, local standards shall be applied;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Self-declaring organizations and individuals
shall be responsible for ensuring provided information is accurate.
3. The Government shall regulate application
requirements, processes and procedures for self-declaration of circulation of a
plant variety.
Section 3. PLANT VARIETY TESTING
Article 18. Contents of a
plant variety test
1. Tests of a plant variety for its distinctness,
uniformity and stability.
2. Tests of a plant variety for its value for cultivation
or use, including:
a) Controlled tests;
b) Narrow field tests;
b) Wide field tests.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Plant variety tests referred to in clause 1 and
point a of clause 2 of Article 18 herein shall only be conducted at one fixed
location.
2. Plant variety tests referred to in point b and c
of clause 2 of Article 18 herein shall be conducted in specific regions. The
plant variety that is tested in a region shall obtain the decision on
recognition of circulation of a plant variety issued by the competent authority
in that region.
3. Testing methods and determination of regions for
plant variety tests shall be prescribed in national standards of methods of
testing of plant species intended for testing.
4. Gardens of perennial plant varieties must be
established by organizations and individuals signing their names on
applications for recognition of circulation of these plant varieties in
conformance to national standards of the method of testing of plant varieties
which is employed in order to evaluate necessary indicators.
5. Both narrow and wide tests shall be conducted at
the same time.
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, the risk assessment must be carried out in accordance with the law
on biodiversity.
Article 20. Storage of plant
variety samples
1. The sample of a plant variety used for applying
for the circulation of that plant variety must be kept during the period of
testing and circulation of that plant variety (hereinafter referred to as
retention sample) managed by a body specialized in management of crop
production.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Storage of the crop propagating materials;
b) Storage of crop genome sequencing data;
c) Storage of both crop propagating materials and
crop genome sequencing data.
3. A retention sample shall be used:
a) as the plant variety for testing purposes, the
control plant variety, the similar plant variety and the typical plant variety
serving tests;
b) for testing and evaluation of a plant variety;
c) Inspection, examination and handling of disputes
related to plant varieties.
4. The Minister of Agriculture and Rural
Development shall set out specific regulations on this Article.
Article 21. Issuance,
re-issuance and revocation of the decision on recognition of a plant variety
testing organization
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) A person directly conducting tests must hold at
least a university degree in one of the specialties related to crops, plant
protection and biology;
b) The plant variety testing organization owns or
hires venues, facilities and equipment appropriate for performing tests in
conformity with national standards regarding testing of plant varieties with
respect to the plant species to be tested.
2. The decision on recognition of a plant variety
testing organization may be re-issued in the following cases:
b) The decision is lost or damaged;
b) Information pertaining to the testing organization
inscribed in the decision on recognition of a plant variety testing
organization has been changed or supplemented.
3. The decision on recognition of a plant variety
testing organization may be revoked in the following cases:
a) The decision’s contents are erased or revised;
b) Counterfeit papers and dishonest information
have been found in the application package for recognition of a plant variety
testing organization;
c) The testing organization holding the decision
has committed any violation of law and such violation leads to revocation of
the decision on recognition of a plant variety testing organization;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd) The holder of the decision has already been
subject to an administrative penalty and repeats its offence;
4. The Government shall regulate application
documents, processes, procedures for, authority over issuance, re-issuance and
revocation of the decision on recognition of a plant variety testing
organization.
Section 4. PRODUCTION AND
TRADING OF PLANT VARIETIES
Article 22. Requirements for
eligibility of an organization or individual for production and trading of
plant varieties
1. Organizations and individuals producing plant
varieties shall be obliged to meet the following requirements:
a) They have to own plant varieties or have to be
authorized by other organizations or individuals owning plant varieties
obtaining the decision on recognition of circulation or permission for
self-declaration of circulation from competent authorities;
b) They own or hire locations, facilities and
equipment conformable to national standards of methods for production of plant
varieties; in the absence of national standards, local standards shall be
applied.
2. Organizations and individuals trading plant
varieties must set up a legitimate business location and ensure that the origin
of a plant variety batch may be traced back.
3. The Government shall issue specific regulations
of this Article.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Production of plant varieties shall be carried
out by employing the sexual propagation method or the asexual propagation
method in conformity with national standards of plant variety production; in
the absence of national standards, local standards shall be applied.
2. Plants or gardens providing asexual propagation
materials and multi-trait hybrid seeds of perennial fruit trees and industrial
perennials must be awarded the decision on recognition of the first-generation
plant or the decision on recognition of the first-generation plant garden under
the provisions of Article 24 herein.
Article 24. Issuance,
restoration and revocation of the decision on recognition of the
first-generation plant or the decision on recognition of the first-generation
plant garden
1. A plant may obtain the decision on recognition
of the first-generation plant after undergoing selection processes in
conformity with national standards regarding the quality of the
first-generation plant. In the absence of national standards, bodies
specialized in management of crop production shall have to issue local
standards to be applied.
2. A garden may obtain the decision on recognition
of the first-generation plant garden after undergoing selection processes in
conformity with national standards regarding the quality of the
first-generation plant garden. In the absence of national standards, bodies
specialized in management of crop production shall have to issue local
standards to be applied.
3. The quality of a first-generation plant or a
first-generation plant garden shall be managed under national standards or
local standards regarding the quality of the first-generation plant and the
first-generation plant garden as provided in clause 1 and clause 2 of this
Article.
4. The decision on recognition of the
first-generation plant or the decision on recognition of the first-generation
plant garden may be suspended if the first-generation plant or the
first-generation plant garden has no longer met national standards or local
standards regarding the quality of the first-generation plant or the
first-generation plant garden.
5. The decision on recognition of the
first-generation plant or the decision on recognition of the first-generation
plant garden may be restored to its former effect if the quality of the
first-generation plant or the first-generation plant garden satisfies national
standards or local standards regarding the quality of the first-generation
plant or the first-generation plant garden.
6. The decision on recognition of the
first-generation plant or the decision on recognition of the first-generation
plant garden may be revoked if such decision fails to restore its effect under
clause 5 of this Article after being suspended as provided in clause 4 of this
Article.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Section 5. MANAGEMENT OF QUALITY
OF PLANT VARIETIES
Article 25. General
requirements concerning management of quality of plant varieties
1. The tasks of management of quality of plant
varieties shall include the management of quality of plant variety and the
management of quality of propagating materials under the provisions of this Law
and legislation on the quality of products and commodities.
2. The quality of plant varieties shall be managed in
accordance with national standards or local standards applied to specific plant
species as provided in point c of clause 1 of Article 15 and point b of clause
1 of Article 17 herein.
3. The quality of propagating materials shall be
managed as follows:
a) Materials intended for propagating varieties of
plants belonging to the major plant species are group-2 products and
commodities prescribed by legislation on the quality of products and
commodities. The quality of materials intended for propagating varieties of
major plants shall be managed based on national technical regulations on the
quality of crop propagating materials and standards declared to be applied by
producers or importers;
b) Materials intended for propagating varieties of
plants not belonging to the major plant species are group-1 products and
commodities prescribed by legislation on the quality of products and
commodities. The quality of materials intended for propagating varieties of
plants not belonging to the major plant species shall be managed based on
standards regarding the quality of crop propagating materials declared to be
applied by organizations and individuals.
Article 26. Evaluation of
plant variety cultivation fields, sampling of propagating materials
1. The evaluation of plant variety cultivation
fields shall be conducted during the period of production of plant varieties
according to national standards on methods for evaluation of plant variety
cultivation fields and by a person completing professional training in such
evaluation.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. The Minister of Agriculture and Rural
Development shall set out specific regulations on this Article.
Article 27. Labeling and
advertising of plant varieties
1. Plant variety labeling and advertising shall be
carried out under the provisions of this Law and legislation on commerce and advertisement.
2. Information inscribed on labels and
advertisements of plant varieties must be corresponding to those that have been
provided in the application package for the decision on recognition of
circulation of the plant variety and endorsed by competent authorities, or
contents of self-declarations of circulation of the plant variety.
3. The Government shall issue specific regulations
of this Article.
Section 6. EXPORT AND IMPORT OF
PLANT VARIETIES
Article 28. Export of plant
varieties
1. A plant variety obtaining the decision on
recognition of circulation or permission for self-declaration of circulation,
and not appearing in the Nomenclature of genetic resources of plant varieties
prohibited from export may be exported and subject to provisions of laws on
commerce and foreign trade management.
2. The plant variety and hybrid seeds of the plant
variety which has not yet obtained the decision on recognition of circulation
or permission for self-declaration of circulation, and is not in the Nomenclature
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 29. Import of plant
varieties
1. A plant variety obtaining the decision on
recognition of circulation or permission for self-declaration of circulation,
and not appearing in the Nomenclature of genetic resources of plant varieties
prohibited from export may be exported and subject to provisions of laws on
commerce and foreign trade management.
In case of import of plant varieties for business
purposes, documents and materials meeting regulations laid down in clause 1 of
Article 23 and clause 1 of Article 26 herein must be presented and submitted.
2. The plant variety which has not yet obtained the
decision on recognition of circulation or permission for self-declaration of
circulation may be imported for research, testing, advertising, exhibition and
international exchange purposes with the permission of the Ministry of Agriculture
and Rural Development.
3. The plant variety serving production and
business purposes must be subject to the state inspection of quality thereof
conducted by a crop production regulatory body affiliated to the Ministry of
Agriculture and Rural Development, and must satisfy quality requirements,
except in the case where:
a) Seeds of parental plants are used for production
of hybrid seeds of plant varieties;
b) Plant varieties which have not yet obtained the
decision on recognition of circulation or permission for self-declaration of
circulation are imported under clause 2 of this Article;
c) Plant varieties are temporarily imported,
re-exported, or in transit or the merchanting trade;
d) Plant varieties are sent to bonded warehouses.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. The Government shall regulate application
documents, processes and procedures for grant of the permit for import of plant
varieties.
Section 7. RIGHTS AND
OBLIGATIONS OF PLANT VARIETY ORGANIZATIONS AND INDIVIDUALS
Article 30. Rights and
obligations of plant variety research, selection and breeding organizations and
individuals
1. Plant variety research, selection and breeding
organizations or individuals shall have the following rights:
a) Invest in research, selection and breeding of
plant varieties; investigate, evaluate, collect, retain and exploit domestic or
imported propagating materials for plant variety research, selection and
breeding purposes;
b) Enjoy the State’s incentive policies regarding
investments in science and technology and particular policies in the sector or
region specified by laws;
c) 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 shall have the following obligations:
a) Fulfill obligations prescribed by laws on
science and technology and other regulations of relevant laws;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Comply with the provisions of law on
biodiversity and other provisions of relevant laws during the period of
research, selection, breeding, testing and trial of genetically modified plant
varieties.
Article 31. Rights and
obligations of organizations and individuals signing their names in
applications for issuance of the decision on recognition of circulation or
permission for self-declaration of circulation of plant varieties
1. Organizations and individuals signing their
names in applications for issuance of the decision on recognition of
circulation or permission for self-declaration of circulation of plant
varieties shall have the right to circulate plant varieties or authorize other
organizations or individuals to circulate plant varieties.
2. Organizations and individuals signing their
names in applications for issuance of the decision on recognition of
circulation or permission for self-declaration of circulation of plant
varieties shall take on the following obligations:
a) Maintain the distinctness, uniformity,
stability, value for cultivation and use of plant varieties during the period
of circulation, except for the case where the decision on recognition of
privileged circulation of the plant variety under the provisions of Article 16
hereof;
b) Compensate for any losses incurred during the
period of circulation of a plant variety which is not the same as the plant
variety obtaining the decision on recognition of circulation; any losses
arising from the circulation of fake plant varieties or ones not conforming to
national technical regulations on quality or national quality standards or
local quality standards already declared to be in force; any losses arising
from supply of false information on plant varieties and production processes
already certified by competent authorities.
3. Organizations and individuals who self-declare,
or are authorized to self-declare, the circulation of plant varieties shall be
obliged to compensate for any losses occurring due to the circulation of the
plant variety which is not the same as the plant variety already completing
self-declaration of circulation; any losses arising from the circulation of
fake plant varieties or plant varieties which fail to meet national technical
regulations or national standards or local standards already declared
applicable; any losses incurred due to supply of false information about plant
varieties and plant variety production processes.
Article 32. Rights and
obligations of plant variety usage organizations and individuals
1. Plant variety usage organizations or individuals
shall have the following rights:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Receive compensations for any losses that may
arise in accordance with laws;
c) File a petition, complaint, denunciation or lawsuit
against violations of law committed by an organization or individual obtaining
the decision on recognition of circulation or permission for self-declaration
of circulation of a plant variety.
2. Plant variety usage organizations or individuals
shall have the following obligations:
a) Comply with production processes declared by
organizations and individuals signing their names in applications for issuance
of the decision on recognition of circulation or permission for
self-declaration of circulation of plant varieties;
b) In case of incidents that occur or negative
consequences that arise from plant varieties, promptly inform plant variety
supply organizations or individuals and local authorities to seek their
possible solutions.
Article 33. Rights and
obligations of organizations and individuals signing their names on application
for issuance of the decision on recognition of the first-generation plant or
the decision on recognition of the first-generation plant garden
1. Organizations and individuals signing their
names on application for issuance of the decision on recognition of the
first-generation plant or the decision on recognition of the first-generation
plant garden shall have the right to exploit or authorize other organizations
or individuals to exploit propagating materials serving production and trading
purposes.
2. Organizations and individuals signing their
names on application for issuance of the decision on recognition of the
first-generation plant or the decision on recognition of the first-generation
plant garden shall have the following obligations:
a) Ensure the quality of plant varieties is the
same as that determined upon receipt of certification;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Pay fees prescribed by laws on fees and charges.
Article 34. Rights and
obligations of plant variety testing organizations
1. Plant variety testing organizations shall have
the following rights:
a) Test plant varieties under terms and conditions
of contracts with requesting organizations or individuals;
b) Receive costs of testing of plant varieties
under terms and conditions of contracts with requesting organizations or
individuals;
2. Plant variety testing organizations shall have
the following obligations:
a) Conduct tests in accordance with the decision on
recognition of the plant variety testing organization;
b) Bear legal liabilities for testing results and
retain testing results in accordance with laws on archival;
c) Take responsibility for ensuring information
security to organizations and individuals submitting their request for testing
of plant varieties.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Plant varieties owned by testing organizations
signing their names on applications for issuance of the decision on recognition
of circulation thereof;
b) Plant varieties owned by units in partnership
with testing organizations when submitting applications for certification of
conformance to testing regulations;
c) Plant varieties owned by subsidiaries of the
same parent company or incorporation or general company, including testing
organizations;
d) Plant varieties owned by affiliates of the same
public service unit, including testing organizations.
Article 35. Rights and
obligations of plant variety production and trading organizations and
individuals
1. Plant variety production and trading
organizations and individuals shall have the right to produce and trade plant
varieties if they meet requirements specified in Article 22 hereof.
2. Plant variety production and trading
organizations or individuals shall have the following obligations:
a) Strictly comply with regulations laid down in
Article 22 hereof;
b) Declare their conformity with standards and
regulations under laws;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) Pay compensations for any losses that may arise
in accordance with laws;
dd) Provide certificates of origin for propagating
materials or documents on tracing of the origin of plant variety batches;
e) Attach labels to genetically modified plant
varieties in accordance with laws.
Chapter III
FERTILIZERS
Section 1. RECOGNITION OF
FERTILIZERS IN CIRCULATION AND TESTING OF FERTILIZERS
Article 36. Requirements
concerning recognition of fertilizers in circulation and classification of
fertilizers
1. Fertilizers are conditional commodities and must
obtain the decision on recognition of fertilizers in circulation in Vietnam,
except for organic fertilizers manufactured for non-commercial uses or imported
fertilizers prescribed in clause 2 of Article 44 hereof; fertilizers
manufactured for export under contracts with foreign organizations and
individuals.
2. The validity period of the decision on
recognition of fertilizers in circulation in Vietnam shall be 05 years and may
be extended.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. Each organization or individual may apply for
registration of recognition of only one fertilizer name for each ingredient
formula and nutritional contents.
5. The Government shall regulate classification of
fertilizers.
Article 37. Issuance,
reissuance and renewal of the decision on recognition of fertilizers in
circulation in Vietnam
1. Requirements for issuance of the decision on
recognition of fertilizers in circulation in Vietnam shall be specified as
follows:
a) Meet quality indicators according to national
technical standards regarding fertilizer quality;
b) Gain testing results conforming to national standards,
except the fertilizers referred to in clause 2 of Article 39 herein.
2. The decision on recognition of fertilizer in
circulation in Vietnam may be re-issued in the following cases:
a) Information relating to organizations or
individuals mentioned in the decision on recognition of fertilizer in
circulation has been changed or supplemented;
b) The decision on recognition of fertilizer in
circulation has been lost or damaged;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. The decision on recognition of fertilizer in
circulation in Vietnam may be extended if the following requirements are met:
a) An organization or individual makes its/his/her
request for such extension;
b) Quality indicators defined according to national
technical standards regarding fertilizer quality have all been met;
c) The review report on manufacturing, export,
import and utilization of fertilizers has been made in accordance with
regulations in force.
4. The Government shall regulate application
documents, processes, procedures for, authority over issuance, re-issuance and
renewal of the decision on recognition of fertilizer in circulation in Vietnam.
Article 38. Revocation of the
decision on recognition of fertilizer in circulation in Vietnam
1. The decision on recognition of fertilizer in
circulation in Vietnam may be revoked in the following cases:
a) Have scientific evidences on high-risk
fertilizers, which are likely to cause adverse impacts on human health and the
environment;
b) Detect the use of fake documents or provision of
information in fertilizer-related documents incorrect with those of the
fertilizers already recognized for circulation.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) For the case specified at point a of clause 1 of
this Article, the specialized fertilizer management agency shall synthesize
information in order to assess and consider annulment of the decision on
recognition of fertilizer in circulation in Vietnam. Organizations and
individuals may produce and/or import registered fertilizers for the maximum period
of 06 months; may be traded and/or used up to 12 months from the effective date
of the decision on annulment of the decision on recognition of fertilizer in
circulation in Vietnam;
b) For the case specified at point b of clause 1 of
this Article, the specialized fertilizer management agency shall carry out
inspection and review of documents and materials on recognition of fertilizers
in order to consider annulment of the decision on recognition of fertilizer in
circulation in Vietnam. Affected organizations and individuals shall be
required to promptly terminate the production, import, trading and utilization
of fertilizers from the effective date of the decision on annulment of the
decision on recognition of fertilizer in circulation in Vietnam.
3. The Government shall regulate application
documents, processes, procedures for, authority over the annulment of the
decision on recognition of fertilizer in circulation in Vietnam.
Article 39. Fertilizer testing
requirements
1. Fertilizers must be subject to testing before
being recognized for circulation, except for the fertilizers stipulated in
clause 2 of this Article.
2. Fertilizers shall not be subject to testing,
including:
a) Organic fertilizers used for fertilizing roots
that are formulated by natural organic ingredients and meet quality indicators
defined in national technical regulations;
b) Single fertilizers used for fertilizing roots
that are formulated only by nitrogen (N) or phosphorus (P) or potassium (K) and
meet quality indicators defined in national technical regulations;
c) Inorganic compound fertilizers used for
fertilizing roots that are formulated only by such nutrient elements as
nitrogen (N), phosphorus (P) and potassium (K) joining together by chemical bonds,
and meet quality indicators defined in national technical regulations;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Fertilizers may be subject to both wide and
narrow testing; the wide testing may be conducted only after completion of the
narrow testing.
4. Fertilizer testing carried out according to
national standards shall be conducted by accredited testing organizations.
5. Amount of fertilizer allowed to be produced or
imported for testing shall be determined based on the dosage of administration
for each plant and the actual testing area according to national standards
regarding fertilizer testing.
Article 40. Requirements for
recognition of fertilizer testing organizations
1. Fertilizer testing organization must conform to
the following requirements:
a) Persons directly in charge of testing must hold
a university or higher degree in one of the following specialties: crop
production, plant protection, agro-chemical, pedology, soil science, agronomy,
chemistry, biology and must have certificates of completion of training in
fertilizer testing under the instructions given by the Ministry of Agriculture
and Rural Development.
b) Having the adequate number of testing personnel,
except persons directly in charge of testing, who must hold a university or
higher degree in one of the specialties specified in point a of clause 1 of
this Article and must complete training in fertilizer testing under the
instructions given by the Ministry of Agriculture and Rural Development;
c) Having adequate facilities and equipment
conforming to national standards regarding fertilizer testing.
2. The Government shall regulate the minimum number
of testing personnel working for fertilizer testing organizations; application
documents, processes and procedures for and authority over issuance and
withdrawal of the decision on recognition of fertilizer testing organizations.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 41. Fertilizer
production requirements
1. Organizations or individuals producing
fertilizers must hold certificates of conformance to fertilizer production
regulations.
2. Requirements for issuance of certificates of
conformance to fertilizer production regulations shall include the followings:
a) They must have production locations and
workshops commensurate with the fertilizer production scale;
b) They must have production lines, machinery and
equipment appropriate for the process of production of each type or form of
fertilizer;
c) They must have laboratories or enter into
contracts with other designated testing organizations to assess quality
indicators of their fertilizers.
d) They must establish an appropriate quality
management system compatible with quality management standards issued by the
international standardization organization;
dd) They must set up spacious areas intended for
separate storage of raw materials and finished products;
e) Persons directly managing manufacturing of
fertilizers must hold university or higher degrees in one of the following
specialties such as crop farming, plant protection, agro-chemistry, pedology,
agronomy, chemistry and biology.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. The Government shall specifically regulate
application and documentation requirements, processes, procedures for and
authority over issuance, re-issuance and revocation of the certificate of
conformance to fertilizer production regulations.
Article 42. Fertilizer trading
requirements
1. Organizations and individuals trading
fertilizers must hold certificates of conformance to fertilizer trading
regulations; in case of trading fertilizers manufactured by themselves, they
shall not be required to obtain certificates of conformance to fertilizer
trading regulations.
2. Requirements for issuance of certificates of
conformance to fertilizer trading regulations shall include the followings:
a) They must have legitimate and express business
addressed;
b) They must have all required documents and
materials on tracing of the fertilizer origin in accordance with regulations in
force;
c) Persons directly selling fertilizers must hold
certificates of professional training in fertilizers according to the
instructions of the Ministry of Agriculture and Rural Development, except in
cases where they have obtained secondary education or higher degrees in one of
the following specialties: crop production, plant protection, agro-chemical
soil, agronomy, chemistry and biology.
3. The Government shall elaborate on application
and documentation requirements, processes, procedures, time limits for and
authority over issuance, re-issuance and revocation of the certificate of
conformance to fertilizer trading regulations.
Section 3. EXPORT AND IMPORT
OF FERTILIZERS
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The fertilizer export shall be subject to
provisions of laws on commerce, foreign trade management or upon the importing
country’s request.
Article 44. Fertilizer import
1. Organizations and individuals that have
fertilizers already obtaining the decision on recognition of fertilizer in
circulation in Vietnam may import or authorize other organizations and
individuals to import fertilizers in such decision without having to hold
fertilizer import permits.
2. In order to import fertilizers that have not yet
been recognized for circulation in Vietnam, importing organizations and
individuals shall be required to hold permits for import of the following types
of fertilizer:
a) Fertilizers used for testing purposes;
b) Specialized fertilizers used for sport grounds
and amusement parks;
c) Fertilizers used in foreign projects located in
Vietnam;
d) Fertilizers used as gifts or sample products;
dd) Fertilizers used in fairs and exhibitions;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
g) Fertilizers used as raw materials for production
of other fertilizers;
h) Fertilizers temporarily imported and re-exported
or in transit of merchanting trade across Vietnamese bordergates; fertilizers sent
to bonded warehouses; fertilizers imported into export processing zones.
3. The Government shall regulate application
requirements, procedures and processes and authority over issuance of the
fertilizer import permit.
Section 4. QUALITY MANAGEMENT,
NAMES, LABELS AND ADVERTISING OF FERTILIZERS
Article 45. Fertilizer quality
management
1. Fertilizer quality shall be managed under the
provisions of the law on product and commodity quality.
2. In order for conformity assessment organizations
to carry out testing, evaluation, audit and certification of the quality of
fertilizers to serve the needs of state management of fertilizers, they must be
awarded certification in their scope of service according to the provisions of
the law on requirements for conformity assessment service business and must be
designated by the Ministry of Agriculture and Rural Development in accordance
with legislation on product and commodity quality.
3. Sampling of fertilizers for testing of quality
thereof for state management purposes must be conducted by persons awarded
certificates of eligibility for sampling of fertilizers.
4. The Government shall regulate contents, duration
of and authority over issuance of the certificate of eligibility for sampling
of fertilizers.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Imported fertilizers shall be subject to the
state inspection of quality, except the imported fertilizers referred to in
point a, d, dd, e and h of clause 2 of Article 44 herein.
2. The state inspection of quality of imported
fertilizers shall be carried out by fertilizer administrations affiliated to
the Ministry of Agriculture and Rural Development.
3. Documents on the state inspection of fertilizer
quality must be stored for the minimum period of 05 years from the date of
issuance of the notification of state inspection results.
4. The Government shall regulate application
requirements, procedures, processes for 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 shall not be identical with that of the fertilizer obtaining the
decision on recognition of fertilizer in circulation in Vietnam.
2. The name of a fertilizer shall not give misleading
information about the nature, effects, ingredients and type of that fertilizer.
3. The name of a fertilizer shall not violate
historical, cultural traditions, moral standards, traditional values and
customs; shall not be read or written like the names of great leaders, national
heroes, celebrities, foods, beverages and pharmaceuticals. Using the name of a
state agency, people's armed force unit, political organization,
socio-political organization, socio-political-professional organization, social
organization or socio-professional organization as a part or the whole of the
name of the fertilizer shall not be allowed, unless otherwise approved by
concerned agencies, organizations or units.
4. With regard to a mixed fertilizer, in case where
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: the name of the
fertilizer type, ingredient, particular notation, indicators showing quantity
of each ingredients contained in the name and other special symbols (if any).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 48. Fertilizer
labeling
1. Fertilizers sold on the market must be labeled
in accordance with laws on commodity labels and each label must contain the
following information:
a) Fertilizer type;
b) Fertilizer code;
c) As for foliar fertilizers, clearly inscribing
the phrase "Foliar fertilizer".
2. Information inscribed on labels must be the same
as those defined in the decision on recognition of fertilizer in circulation in
Vietnam.
Article 49. Fertilizer
advertising
1. Organizations and individuals advertising
fertilizers shall comply with laws on advertising.
2. The Government shall regulate application
requirements, procedures, processes for and authority over endorsement of
fertilizer advertising contents.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 50. Rights and
obligations of fertilizer production organizations and individuals
1. Fertilizer production organizations and
individuals shall have the following rights:
a) Manufacture fertilizers recognized for
circulation in Vietnam;
b) Manufacture fertilizers for export under
contracts with other foreign organizations and individuals;
c) Advertise fertilizers in accordance with Article
49 hereof;
d) Obtain permission to sell fertilizers produced
at their expense.
2. Fertilizer production organizations and
individuals shall have the following obligations:
a) Maintain strict conformance to fertilizer
production regulations as provided in Article 41 hereof during the period of
production of fertilizers;
b) Manufacture fertilizers according to national
technical regulations and standards declared to be in force;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) Conduct tests on each fertilizer batch before
selling it on the market. Retain test results during the shelf life of each
fertilizer batch and preserve retention samples for the period of 06 months
from the sampling date;
dd) Recall and handle fertilizers failing to meet
quality standards and compensate for any loss in accordance with laws;
e) Submit to the inspection and audit conducted by
competent authorities;
g) Organize training in and provide instructions
for use of fertilizers; provide professional training for workers directly
manufacturing fertilizers;
h) On an annual basis, send a review report on
production, export and import of fertilizers to the relevant competent
authority or make irregular reports upon request;
i) Comply with legislative regulations on fire
prevention and fighting, chemicals, labor, environment and other relevant laws.
Article 51. Rights and
obligations of fertilizer trading organizations and individuals
1. Fertilizer trading organizations and individuals
shall have the following rights:
a) Trade fertilizers recognized for circulation in
Vietnam;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Fertilizer trading organizations and individuals
shall have the following obligations:
a) Maintain strict conformance to fertilizer
trading regulations as provided in Article 42 hereof during the period of
permission for trades in fertilizers;
b) Keep fertilizers at dry places. Keeping
fertilizers with other commodities that is likely to affect the fertilizer
quality shall be prohibited;
c) Check the fertilizer origin, label, standard
conformity mark, regulation conformity mark and other documents relating to
fertilizer quality;
d) Submit to the inspection and audit conducted by
competent authorities;
dd) Provide legitimate evidencing documents in
order to trace the fertilizer origin;
e) Pay compensations for any losses that may arise
in accordance with laws;
g) Provide instructions for use of fertilizers
according to information inscribed on the fertilizer label;
h) Comply with legislative regulations on fire
prevention and fighting, chemicals, labor, environment and other relevant laws.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Fertilizer testing organizations shall have the
following rights:
a) Conduct testing of fertilizers under terms and
conditions of contracts with requesting organizations or individuals;
b) Receive payments for testing of fertilizers
under terms and conditions of contracts with requesting organizations or
individuals;
2. Fertilizer testing organizations shall have the
following obligations:
a) Meet requirements set out in Article 40 hereof;
b) Carry out testing of fertilizers in an objective
and accurate manner;
c) Comply with technical regulations, standards and
testing requirements;
d) Report test results and bear legal liabilities
for test results;
dd) Retain the field log, raw data, testing scheme,
and testing result report for a period of 05 years from the completion date;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
g) Pay compensations for any losses that may arise
in accordance with laws;
h) Send the fertilizer testing scheme to a relevant
competent authority at the place where testing occurs before commencement of
testing;
i) On an annual basis, report fertilizer testing
results to the Ministry of Agriculture and Rural Development or make
spontaneous reports upon request.
Article 53. Rights and
obligations of fertilizer sampling persons
1. Fertilizer sampling persons shall have the
following rights:
a) Have access to information about fertilizer
sampling activities;
b) Gain opportunities to attend fertilizer sampling
training courses.
2. Fertilizer sampling persons shall have the
following obligations:
a) Carry out sampling according to national
standards regarding sampling of fertilizers and ensure objectivity during the
sampling process;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Bear responsibility before law for fertilizer
sampling activities.
Article 54. Rights and
obligations of organizations and individuals using fertilizers
1. Organizations and individuals using fertilizers
shall have the following rights:
a) Have access to information and instructions for
use of fertilizers;
b) Request fertilizer trading establishments to
provide instructions for use of fertilizers according to information inscribed
on a fertilizer label;
c) Receive compensations for any losses that may
arise in accordance with laws.
2. Organizations and individuals using fertilizers
shall have the following obligations:
a) Use fertilizers according to directions for use
which are inscribed on the label;
b) Use fertilizers to ensure efficiency and safety
for humans, animals, environment and food safety according to the principles of
proper soil, proper types of plants, right doses, right time and proper
administration.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Chapter IV
CROP CULTIVATION
Section 1. USE OF NATURAL
RESOURCES IN CROP CULTIVATION ACTIVITIES
Article 55. Use and protection
of land during the cultivation process
1. The crop production authority must identify the
crop structure based on the physical and chemical properties of soil, the
biological characteristics of each crop and the level of science and technology
development.
2. With respect to arable fields specialized in
cultivation of wet rice, vegetables, perennial fruit trees, industrial
perennials and ornamental plants, the provincial People's Committee shall plan
them for stable use and in line with the economic development orientation, and
shall carry out the periodic evaluation of the quality of land so as to work out
measures to improve and utilize them in a sustainable manner.
Article 56. Crop structure
shift occurring on rice paddy fields
1. Crop structure shift occurring on rice paddy
fields shall be subject to the following regulations:
a) Correspond to land use planning schemes of
localities, market demands, water resource and climatic conditions;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Ensure effective exploitation of available
infrastructure; conformity with the planning and orientation for improvement of
fundamental facilities for agricultural production in specific localities;
d) Avoid causing any loss of conditions necessary
to recover the rice cultivation.
2. The Government shall issue specific regulations
of this Article.
Article 57. Protection and use
of topsoil of arable wet rice cultivation land
1. The topsoil of arable wet rice cultivation land shall
be used only for agricultural purposes; shall be protected and used in an
effective manner.
2. Organizations or individuals building facilities
on the land shifted from the arable wet rice cultivation land shall be required
to work out the proper topsoil use plan.
3. The Government shall issue specific regulations
of this Article.
Article 58. Use of irrigation
water
1. Crop production authorities of local
jurisdictions shall be responsible for determining the crop structure and
season that meet water resource conditions.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Organizations and individuals shall be
responsible for using irrigation water supplies in an effective manner;
applying advanced and cost-efficient cultivation practices; reusing water in
accordance with laws on water resources, irrigation and other relevant
regulations.
Article 59. Use of beneficial
organisms
1. Beneficial organisms used in crop cultivation
include organisms that play a role in stabilizing and improving soil fertility,
increasing plant resistance and growth capacity, preserving and processing crop
produce or byproducts, preventing and controlling harmful organisms,
pollinating plants and serving other useful purposes.
2. Organizations and individuals involved in crop
cultivation activities shall comply with laws on environment, biodiversity
protection, plant protection and quarantine; shall apply advanced production
processes to protect and promote the effectiveness of beneficial organisms.
3. The Minister of Agriculture and Rural
Development shall undertake the inspection and assessment of beneficial
organism resources in order to implement measures to protect and exploit them
in a proper manner; shall adopt the nomenclature describing beneficial
organisms species used in crop cultivation.
Section 2. USE OF AGRICULTURAL
EQUIPMENT AND SUPPLIES IN CROP CULTIVATION ACTIVITIES
Article 60. Agricultural
equipment and supplies in crop cultivation activities
1. Crop cultivation equipment shall include
greenhouses, net houses, machinery and tools used for production, irrigation,
harvesting, handling, preservation and processing of crop produce.
2. Agricultural supplies used in crop cultivation
activities shall be comprised of the followings:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Fertilizers;
c) Pesticides;
d) Planting media, ground cover membranes and
thermal insulating materials;
dd) Chemicals and biological products used in crop
production activities, other than agricultural supplies referred to in point b
and c of this clause.
3. Management of the quality of agricultural
equipment and supplies used in crop cultivation shall be subject to laws on
technical standards and regulations, commodity quality and commercial products.
Article 61. Requirements
concerning use of agricultural equipment and supplies used in crop cultivation
activities
1. Organizations and individuals engaged in crop
farming activities shall only be allowed to use agricultural materials in
cultivation which are permitted for use and circulation in accordance with the
provisions of law; shall follow instructions given by specialized agencies or
organizations and individuals producing agricultural materials.
2. Organizations and individuals using agricultural
materials in crop cultivation activities must meet requirements concerning
environmental protection, community health, food safety and restriction of the
spread of harmful organisms.
3. Organizations and individuals using fertilizers
shall be bound to observe principles specified in point b of clause 2 of
Article 54 herein.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Section 3. DEVELOPMENT OF
CONCENTRATED AND LINKED PRODUCTION ZONES
Article 62. Development of
concentrated production zones
1. The development of a concentrated production
zone must be in line with the physical and chemical properties of soil, climate,
water resources, biological characteristics of crops and regional advantages;
ensure the building of raw material areas associated with processing activities
and markets.
2. Provincial People’s Committees shall be
responsible for developing plans and schemes for development of concentrated
production zones according to the planning.
Article 63. Production
cooperation and affiliation
1. Develop forms of cooperation and affiliation at
concentrated production zones on the basis of contracts; facilitate the
granting of quality certificates and tracing of the origin of products;
increase effectiveness in production and business, and ensure the balance of
interests between the involved parties.
2. The People’s Committees at all levels shall
assume the following responsibilities:
a) Provide favorable conditions and support for
parties to negotiate, conclude and fulfill commitments under production and
product consumption cooperation and partnership contracts;
b) Assist in infrastructure construction, logistics
services and trade promotion for concentrated production zones.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. The cultivation region code is an identity code
of a crop production area used for monitoring and controlling production;
controlling product quality; tracing the origin of crop products.
2. The State shall provide encouragement, incentive
and preferential policies for organizations and individuals applying for the
grant of the crop cultivation zone’s code.
3. The Ministry of Agriculture and Rural
Development shall develop the roadmap and provide instructions for the grant of
codes of crop cultivation zones nationwide.
4. Provincial People’s Committees shall carry out
the grant of the crop cultivation zone's code at respective provinces according
to the roadmap and instructions of the Ministry of Agriculture and Rural
Development.
Section 4. PRODUCTION
PROCESSES, APPLICATION OF HIGHT TECHNOLOGIES AND MECHANIZATION
Article 65. Production
processes
1. Production processes shall be designed to be
appropriate for specific crops.
2. Each production process shall be designed on the
basis of the results of a research, technological advances and conclusions of
crop farming practices; shall be amended and supplemented when new technological
advances are made, conform to production practices, scientific and
technological development levels and the users’ competence.
Article 66. Application of
high technologies in crop cultivation activities
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Genetic biotechnology for the selection and
propagation of plant varieties; diagnosis and evaluation of organisms harmful
to crops; 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 harmful organisms; the grant of codes and management of
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
the production line; analysis of the quality of production environment and crop
produces.
2. Hi-tech applications referred to in point b and
c of clause 1 of this Article shall be preferred for use in cultivation zones
facing difficulties, sandy land at or near the coast or land exposed to the
risk of degradation and desertification.
3. High technologies prescribed in point c of
clause 1 of this Article shall be developed at a proper density rate and with
an aim of decreasing effects of greenhouse gases.
Article 67. Mechanization of
crop cultivation activities
1. Mechanization of crop cultivation activities
shall aim to ensure consistency and gradual modernization.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Upon formulation of production plans,
determination of the crop structure and season, organizations and individuals
shall be required to consider conditions for performing mechanization tasks.
4. Equipment and machinery used in crop cultivation
activities must be selected so that they are appropriate for practical
conditions of fields, scale, nature and level of cultivation.
Section 5. ORGANIC CULTIVATION
Article 68. Development and
protection of organic cultivation zones
1. Organic cultivation zones must be developed,
protected and equipped with appropriate facilities, and must aim to prevent
chemical pollution from the outside.
2. Provincial People’s Committees shall identify
and widely inform organic cultivation zones; shall adopt regulations on cultivation
of plants on organic cultivation zones within their ambit.
Article 69. Organic
cultivation requirements
1. Organic cultivation organizations and
individuals shall be required to meet national standards regarding organic
agriculture. In case of export of organic crop produce, the importing country’s
requirements shall be applied.
2. Plant varieties, fertilizers, pesticides and
other agricultural supplies used in organic cultivation activities must meet
organic agriculture standards and relevant technical regulations, or must be
manufactured by using raw materials and production methods conformable to
organic agriculture standards.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. Labeling of organic crop produce shall be
subject to laws on commerce and other relevant legislation.
5. The Government shall specifically regulate the
organic cultivation.
Section 6. CULTIVATION ADAPTED
TO CLIMATE CHANGE AND PROTECTING ENVIRONMENT
Article 70. Cultivation
adapted to climate change
1. Apply appropriate cultivation solutions to adapt
to climate change and decrease greenhouse gas emission.
2. The Ministry of Agriculture and Rural
Development shall assume the following responsibilities:
a) Determine appropriate cultivation solutions to
adapt to climate change and decrease greenhouse gas emission;
b) Upon formulation and implementation of
strategies, programs, schemes and projects for development of crop production,
integrate solutions for adaptation to climate change and decrease in greenhouse
gas emission into them.
3. Provincial People’s Committees shall conduct the
evaluation of effects of climate change, provide instructions for organizations
and individuals to apply solutions for adaptation to climate change and
decrease in greenhouse gas emission in crop production at local jurisdictions.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 71. Cultivation of
crops on the sloping land, lowland, alkaline soil, saline soil, sandy soil at
or near the coast, soil at risk of desertification or degradation
1. Cultivation of crops on the sloping land,
lowland, alkaline soil, saline soil, sandy soil at or near the coast, soil at
risk of desertification or degradation shall conform to the production process
to avoid erosion, landslide, soil aggradation and degradation, and ensure sustainable
development of crop production.
2. Organizations and individuals cultivating crops
at areas specified in clause 1 of this Article shall be entitled to policies
stipulated in Article 4 hereof and other policies prescribed in relevant laws.
3. The Ministry of Agriculture and Rural
Development shall issue criteria for determination, methods of management and
the processes for production of crops on the sloping land, lowland, alkaline
soil, saline soil, sandy soil at or near the coast, soil at risk of desertification
or degradation.
4. Provincial People’s Committees shall identify
and publicly inform zones and provide guidance on application of the processes
for production of crops on the sloping land, lowland, alkaline soil, saline
soil, sandy soil at or near the coast, soil at risk of desertification or
degradation.
Article 72. Environmental
protection in crop cultivation activities
1. Cultivation organizations and individuals shall
be required to meet the following requirements:
a) Comply with laws on environmental protection and
other relevant provisions of laws;
b) Follow instructions of specialized agencies for
use of agricultural supplies in cultivation that pose the risk of environmental
pollution;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Organizations and individuals shall have to
promptly inform commune-level People's Committees in case of discovering any
sign of abnormalities relating to environmental pollution that is likely to
cause adverse impacts on crop cultivation activities.
Section 7. RIGHTS AND
OBLIGATIONS OF CULTIVATION ORGANIZATIONS AND INDIVIDUALS
Article 73. Rights of
cultivation organizations and individuals
1. Organize production at their discretion or enter
into production partnerships with other organizations or individuals.
2. Enjoy state policies specified in Article 4
hereof and other policies prescribed in relevant legislation.
3. Have access to support for recovery of
production in case of any loss or damage arising from natural disasters or for
epidemic reasons in accordance with the Government’s regulations.
4. Have access to information about policies, laws,
technical and technological advances, crop produce markets; training courses in
crop production activities.
5. Receive permission to apply for the grant of
codes of crop farming zones.
6. Receive notifications and warnings relating to
climatic, environmental, epidemic conditions and natural disasters.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 74. Obligations of
cultivation organizations and individuals
1. Assume responsibility for the food quality and
safety of crops produced at their own expense; pay any compensation prescribed
by laws.
2. Use water resources, beneficial organisms and
facilities for right purposes and in an efficient and sustainable manner. Use
agricultural supplies in cultivation activities which are permitted for
circulation according to instructions given by specialized agencies or
organizations and individuals producing agricultural supplies.
3. Apply the appropriate production processes to
stabilize and improve the soil fertility; restrict soil pollution and
degradation or spread of harmful organisms.
4. Act on their own initiative in preventing and handling
environmental pollution, preventing and controlling harmful organisms in
accordance with laws on environmental protection, plant protection and
quarantine. Promptly inform commune-level People’s Committees in case of
environmental pollution occurring and pest outbreak.
5. Make changes in the crop structure corresponding
to the plan for shift in the crop structure in each local jurisdiction.
6. Fulfill all contractual commitments.
Chapter V
HARVESTING, HANDLING, PRESERVATION, PROCESSING, TRADING
AND MANAGEMENT OF QUALITY OF CROP PRODUCE
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Organizations and individuals harvesting,
handling, preserving and processing crop produce shall be required to comply
with provisions of this Law and other relevant legislation.
2. Control of losses, assurance of crop quality and
economic efficiency shall be required for crop harvest activities.
3. Crop produce which serve as input materials of
crop handling and processing establishments must be of clear origin and must
meet prescribed quality and safety standards.
4. Businesses purchasing, storing and processing
crop produces must apply technical measures appropriate for preservation and
storage of crop produce in order to maintain crop quality and safety.
5. Establishment of crop preservation and
processing facilities connected with raw material production areas shall be
encouraged.
Article 76. Collection,
disposal and use of crop byproducts
1. Crop byproducts must be collected, disposed of
or used in a correct manner with the aim of preventing and controlling
environmental pollution and spread of harmful organisms.
2. Using crop byproducts as input materials for
manufacturing of products and commodities shall be encouraged.
3. The Minister of Agriculture and Rural
Development shall elaborate on the collection, disposal and use of crop
byproducts as provided in clause 1 of this Article.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Development of markets and trading of crop
produce shall be subject to laws on commerce, foreign trade management and
provisions laid down in clause 2 and 3 of this Article.
2. Development of crop markets shall include the
following tasks:
a) Carry out the market forecast and orientate the
development of crop produce over periods of time;
b) Conduct negotiations for opening of markets;
lift up barriers in order for Vietnamese crop produce to be imported into other
countries and territories;
c) Build wholesale markets; carry out trade
promotions and build crop produce brands.
3. Organizations and individuals engaged in the
development of markets for the sale of crop products; the building of the chain
from production to consumption; the establishment of raw material production
areas serving domestic processing, trade and export needs shall be entitled to
the policies defined in Article 4 of this Law and other policies prescribed in
the provisions of relevant laws.
Article 78. Export and import
of crop produce
1. Organizations and individuals importing crop
produce must hold documents on tracing of the origin of goods, meet the
requirements regarding the food quality, safety and epidemic safety under the
provisions of Vietnamese law.
2. Organizations and individuals exporting crop
produce must meet the importing country’s requirements.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Wholesale crop markets shall be established
within concentrated production areas or at places where a large quantity of
crop produce are consumed.
2. Development of wholesale crop markets must be in
line with the planning.
Article 80. Rights and
obligations of organizations and individuals harvesting, handling, preserving,
processing and trading crop produce
1. Organizations and individuals harvesting,
handling, preserving, processing and trading crop produce shall have the
following rights:
a) Receive support for link to the chain of
production, processing and trading of crop produce;
b) Enjoy the policies specified in Article 4 hereof
and other policies prescribed in relevant legislation.
2. Organizations and individuals preserving,
processing and trading crop produce shall have the following obligations:
a) Comply with provisions of this Law and other
provisions of relevant laws;
b) Submit to the inspection and audit conducted by
competent authorities.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Management of quality of crop produce shall be
subject to laws on technical standards and regulations, product and commodity quality.
2. Genetically modified crop produce used as food
must be labeled in accordance with laws on food safety and other provisions of
relevant laws.
Chapter VI
STATE MANAGEMENT OF CROP PRODUCTION ACTIVITIES
Article 82. Responsibilities
of the Government, Ministries and Ministry-level agencies
1. The Government shall be responsible for the
uniform management of crop production activities performed across the nation.
2. The Ministry of Agriculture and Rural Development
shall play a pivotal role in assisting the Government in exercising the state
management of crop production activities throughout the nation and shall assume
the following responsibilities:
a) Formulate strategies, schemes and plans; provide
directions and instructions for crop cultivation activities;
b) 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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) Build databases and information systems; conduct
the statistics and make reports on crop production activities;
dd) Conduct researches and application of science
and technology; carry out the basic investigation, collection and management of
information, materials and implement international cooperation in crop
production;
e) Provide professional and refresher training
courses; disseminate information about and raise people's awareness of crop
production activities;
g) Inspect, audit and handle complaints,
denunciations and sanction violations of law in crop production activities.
3. Ministries and Ministry-level agencies shall,
within the ambit of their tasks and powers, have the burden of cooperating with
the Ministry of Agriculture and Rural Development in performing the task of
State management of crop production activities.
Article 83. Responsibilities
of all-level People’s Committees
1. Provincial People’s Committees shall, within the
ambit of their duties and powers, have the following responsibilities:
a) Promulgate according to its competence or
request competent authorities to promulgate legal documents guiding the
organization of implementation of law on crop production activities in
respective localities;
b) Issue the plan for shift in the crop structure
corresponding to actual conditions of specific localities;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) Organize propaganda, dissemination and education
of law soft, training in knowledge about crop production activities; set up the
database on crop production activities in respective localities and update the
national crop production database;
dd) Undertake the tasks of issuance, re-issuance,
extension, suspension, restoration, revocation or revocation of decisions,
permits and certificates in crop production activities according to its
competence and post it on the electronic information portal of each provincial
People’s Committee;
e) Direct the formulation of plans, undertake the
task of inspection, examination and settlement of complaints and denunciations,
handle violations of the law on crop production activities according to its
competence.
2. District-level People’s Committees shall, within
the ambit of their duties and powers, have the following responsibilities:
a) Implement tasks and measures of management in
crop production activities in their respective localities under the provisions
of law;
b) Perform the task of state management of crop
production activities according to assigned duties or delegated authority;
c) Hold and implement propaganda, training and
educational programs relating to laws on crop production activities performed
within respective localities.
Chapter VII
IMPLEMENTARY PROVISIONS
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. This Law shall take effect on January 1, 2020.
2. The Ordinance on Plant Varieties No.
15/2004/PL-UBTVQH11 shall be repealed from the entry into force of this Law.
Article 85. Transitional
provisions
1. The decision on recognition of new plant
varieties granted under the Ordinance No. 15/2004/PL-UBTVQH11 on Plant
Varieties shall be continued for a period of 10 years for annual plant
varieties and 20 years for perennial plant varieties from the date of grant of
the decision, and may be extended under the provisions of this Law.
In cases where the remaining duration of the
decision on recognition of new plant varieties is less than 3 years or exceeds
the term of 10 years for annual crop varieties, or 20 years for perennial plant
varieties till the effective date of this Law, the decision shall be continued
for use for a period of 03 years from the date of entry into force of this Law.
2. The decision on recognition of first-generation
plants or the decision on recognition of first-generation plant gardens which
is granted under the Ordinance No. 15/2004/PL-UBTVQH11 on Plant Varieties shall
be continued for use under the provisions of this Law and shall not need to
apply for extension.
3. The decision on recognition of fertilizers in
circulation in Vietnam, the permit for fertilizer production or the certificate
of conformance to fertilizer production regulations which have been granted
before the effective date of this Law shall continue to be used until the
expiration of its validity period, and may be extended or reissued in
accordance with the provisions of this Law.
The certificate of conformance to fertilizer
trading regulations which has been granted prior to the entry into force of
this Law shall have the same value as the certificate of conformance to fertilizer
trading regulations specified in this Law.
4. National technical regulations or national
standards regarding crop production which have been issued ahead of the entry
into force of this Law shall continue to be used until they are repealed or
replaced.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6. Results of testing of production of plant
varieties which is performed prior to the entry into force of this Law shall
have the same value as the results of wide tests prescribed in this Law.
7. Results of testing of fertilizers which is
conducted prior to the entry into force of this Law shall continue to be valid
for use in accordance with this Law.
This Law is passed in the 6th plenary
session of the XIVth National Assembly of the Socialist Republic of
Vietnam held on November 19, 2018.
NATIONAL
ASSEMBLY’S CHAIR
Nguyen Thi Kim Ngan