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GOVERNMENT OF
VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 79/2023/ND-CP
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Hanoi, November
15, 2023
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DECREE
ELABORATING
ON SEVERAL ARTICLES AND IMPLEMENTATION MEASURES OF THE LAW ON INTELLECTUAL
PROPERTY REGARDING RIGHTS TO PLANT VARIETIES
Pursuant to the Law on Organization of the
Government of Vietnam dated June 19, 2015; the Law on Amendments to the Law on
Organization of the Government of Vietnam and the Law on Organization of the
Local Government of Vietnam dated November 22, 2019;
Pursuant to the Law on Intellectual Property
dated November 29, 2005; the Law on amendments to the Law on Intellectual
Property dated June 19, 2009; the Law on amendments to the Law on Insurance
Business and the Law on Intellectual Property dated June 14, 2019, and the Law
on amendments to the Law on Intellectual Property dated June 16, 2022;
Pursuant to the Law on Crop Production dated
November 19, 2018;
At the request of the Minister of Agriculture
and Rural Development of Vietnam;
The Government of Vietnam hereby promulgates a
Decree elaborating on several articles and implementation measures of the Law
on Intellectual Property regarding rights to plant varieties.
Chapter I
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Article 1. Scope
This Article elaborates on several articles and
implementation measures of the Law on Intellectual Property regarding rights to
plant varieties, including procedures for establishing rights to plant
varieties; rights to plant varieties that are results of information and
science tasks funded by the state budget; rights and obligations of holders of
protection titles and plant variety breeders; transfer of rights to protected
plant varieties; representation of rights to plant varieties.
Article 2. Regulated entities
1. Vietnamese organizations and individuals.
2. Foreign individuals and organizations that are
citizens of member nations of the International Union for the Protection of New
Varieties of Plants (hereinafter referred to as “UPOV”) or countries with
international agreements with the Socialist Republic of Vietnam on the
protection of plant varieties; foreign individuals residing in Vietnam or
having facilities of production and business of plant varieties in Vietnam;
foreign organizations with facilities of production and business of plant
varieties in Vietnam; individuals residing or having facilities of production
and business of plant varieties in the territories of member nations of UPOV.
3. Organizations and individuals with operations
concerning the protection of plant varieties.
Article 3. Interpretation of
terms
For the purpose of this Decree, the following terms
shall be construed as follows:
1. “Applicants” mean organizations and individuals
that may register protection of plant varieties according to Clause 2 Article
164 of the Law on Intellectual Property 2005, amended by Clause 66 Article 1 of
the Law on Amendments to the Law on Intellectual Property 2022.
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3. “Plant variety breeders” are organizations and
individuals that directly create or directly discover and develop new plant varieties;
if two or more organizations or individuals co-creating or co-discovering and
co-developing new plant varieties, concerned parties shall be considered
co-breeders.
4. “Discovery and development of new plant
varieties” means activities of sorting for natural variations existing in a
group of plant varieties or searching for new genetic resources existing in
nature, multiplying, and assessing such natural variations.
5. “Testing” (hereinafter referred to as DUS
testing) means distinctness, uniformity, and stability testing of plant
varieties.
6. “DUS testing documents” include the National
Standards of Vietnam, documents guiding DUS testing disclosed by member nations
of UPOV, countries cooperating with Vietnam in the protection of plant
varieties, or the Ministry of Agriculture and Rural Development of Vietnam.
Article 4. General regulations
on administrative procedures in this Decree
1. Submission of applications for the performance
administrative procedures: An organization or individual shall submit an
application in person or through postal services or electronic means to the
Ministry of Agriculture and Rural Development of Vietnam.
2. Answers to the sufficiency of the components of
the application:
a) If the application is submitted in person: the
Ministry of Agriculture and Rural Development of Vietnam shall inspect and
immediately provide answers to the sufficiency of the components of the
application for the applicant;
b) If the application is submitted through a postal
service: within 3 working days from the receipt of the application, the
Ministry of Agriculture and Rural Development of Vietnam shall assess the
sufficiency of the components of the application and provide a written
notification for the applicant in case the application is insufficient as per
regulation;
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3. Online submission of applications shall comply
with Decree No. 45/2020/ND-CP dated April 8, 2020 of the Government of Vietnam.
4. Result return methods: the Ministry of
Agriculture and Rural Development of Vietnam shall return the results of the
settlement of administrative procedures in person at the one-stop-shop
department or through postal services or electronic means.
Article 5. List of plant
varieties
The list of plant varieties prescribed in Point b
Clause 2 Article 160 of the Law on Intellectual Property 2005, amended by
Clause 19 Article 1 of the Law on Amendments to the Law on Intellectual
Property 2009, includes plant varieties included in the list of plant varieties
permitted to be in production and business promulgated by the Ministry of
Agriculture and Rural Development of Vietnam; plants varieties that are
recognized for circulation, special circulation, subject to self-declaration of
circulation, and officially recognized; the list of plant varieties in forestry
in Vietnam promulgated by the Ministry of Agriculture and Rural Development of
Vietnam and lists of plant varieties of other nations.
Chapter II
PROCEDURES FOR
ESTABLISHING RIGHTS TO PLANT VARIETIES
Article 6. Plant variety
protection registration
1. An application for registration of plant variety
protection includes:
a) Statement on registration of plant variety
protection following Form No. 01 enclosed herewith. Each page shall bear the
signatures of concerned parties or an affixed seal;
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If the registered variety is subject to a plant
variety included in the DUS testing documents: use the form of technical statement
prescribed in such DUS testing documents;
If the registered variety is subject to a plant
variety not included in the DUS testing documents or the DUS testing documents
do not have any information on the technical statement: use the technical statement
following Form No. 02 enclosed herewith;
c) Original or certified copies of the authorizing
document in case of submitting the application through a provider of right
representation services; the content of the authorizing document includes: the
authorizing party, the authorized party, authorization scope, and authorization
period;
d) Photos displaying 3 characteristics of the
registered variety: at least 3 colored photos with a minimum size of 9 x 15 cm;
dd) Certified copies of documents proving registration
rights if the applicant is subject to a transfer of registration rights or
inherits the registration rights (contract of transfer of registration rights,
documents on inheritance or equivalent documents), documents proving
nationality or permanent residence or facilities of production and business in
one of the member nations of UPOV;
e) Documents proving priority rights if the
application requests for priority rights according to Clause 1 Article 167 of
the Law on Intellectual Property 2005 include: copies of documents on the
first-time application confirmed by the plant variety protection authority at a
nation where the first-time submission takes place, samples or evidence
confirming that the plant variety in two applications is the same and certified
copies of the transfer contract or inheritance of priority rights (if any).
Documents proving priority rights shall be provided within 90 days from the
submission of the application for protection registration.
2. Form assessment means the inspection of the
validity of the applications for plant variety protection. An application is
invalid when:
a) The information in documents prescribed in
Clause 1 of this Article is insufficient or inappropriate to Articles 159, 163,
and 164 of the Law on Intellectual Property, amended by Clauses 65, 66, and 82
of the Law on Amendments to the Law on Intellectual Property 2022;
b) Documents prescribed in Points c, dd, and e
Clause 1 of this Article are not translated into Vietnamese at the request of
the Ministry of Agriculture and Rural Development of Vietnam;
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d) Valid copies of related documents are missing;
dd) The application is submitted by an incompetent
person; the registration rights belong to many organizations and individuals,
but mutual consent is unavailable.
3. Within 15 days after receiving the adequate
application, the Ministry of Agriculture and Rural Development of Vietnam shall
assess it.
a) If the application is valid, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a notification of
acceptance of the application according to Form No. 03 enclosed herewith,
return the results to the applicant, and disclose the notification in the
Agriculture and Rural Development Magazine and on its web portal within 90 days
from the notification date.
b) If the application is invalid, the Ministry of
Agriculture and Rural Development of Vietnam shall provide a notification and
specific reasons for the applicant to complete the application. Within 30 days
after receiving the mentioned notification, the applicant shall rectify the
deficiencies of the application and submit it to the Ministry of Agriculture
and Rural Development of Vietnam. Within 7 working days after receiving the
amended application, the Ministry of Agriculture and Rural Development of
Vietnam shall assess and issue a notification of acceptance of the application
according to Point a Clause 2 of this Article or refuse to accept the
application and provide specific reasons.
c) If the application is invalid or the applicant
fails to rectify the deficiencies within the time lime and is determined to no
longer wish to continue applying, the Ministry of Agriculture and Rural
Development of Vietnam shall issue a notification of refusing the application
with specific reasons.
4. If documents prescribed in Points c, dd, and e
Clause 1 of this Article must be translated into Vietnamese as requested by the
Ministry of Agriculture and Rural Development of Vietnam, the translation shall
be certified or confirmed by the service provider representing the
representation rights for the applicant regarding the plant variety.
Article 7. Amendments to
applications for plant variety protection
1. Before the Ministry of Agriculture and Rural
Development of Vietnam issues notifications of refusing to issue protection
titles or decides on the issuance of protection titles of plant varieties,
organizations and individuals may supplement their applications for plant
variety protection in the following cases:
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b) Changes to the names and/or addresses of
applicants, providers of right representation services, and plant variety
breeders based on valid legal papers;
c) Changes to names of plant varieties according to
requests from applicants.
2. Organizations and individuals shall submit applications
to the Ministry of Agriculture and Rural Development of Vietnam. An application
includes:
a) Statement on the request for amendments
following Form No. 04 enclosed herewith;
b) Certified copies of the contract of transfer of
registration rights in case of changing the applicant due to transfer of
registration rights; or documents proving changes to the name and/or address of
the applicant, provider of right representation services, or plant variety
breeder;
c) Certified copies of documents proving the
inheritance with confirmation of the applicant, documents proving moral rights
between the applicant and the receiver of the inheritance; death certificate,
or excerpt of the death certificate of the applicant (if any) in case of
changes to the applicant due to inheritance.
3. Implementation procedures
Within 15 days after receiving the adequate
application, the Ministry of Agriculture and Rural Development of Vietnam shall
assess it.
If the application is valid, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a notification of
acceptance of amendments to the application according to Form No. 05 enclosed
herewith, return the results to the applicant, and disclose the notification on
its web portal.
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Article 8. DUS testing
1. After the application for plant variety
protection is accepted as valid, DUS testing shall be carried out according to
DUS testing documents. If the registered variety is not included in any DUS
testing document, within 30 days from the date of the notification of valid
application acceptance, the Ministry of Agriculture and Rural Development of
Vietnam shall develop guidelines for DUS testing documents within 6 months
following Form No. 06 enclosed herewith.
2. DUS testing methods
a) DUS testing performed at a testing organization
recognized by the Ministry of Agriculture and Rural Development of Vietnam
under Article 21 of the Law on Crop Production regarding agricultural plant
varieties or an agricultural plant variety testing facility prescribed in
Article 12 of Decree No. 27/2021/ND-CP dated March 25, 2021 of the Government
of Vietnam (hereinafter referred to as “plant variety testing organizations”).
b) DUS testing performed by the applicant.
c) DUS testing results used based on an
international agreement on exchanging DUS testing results with a member nation
of UPOV or a nation cooperating with Vietnam in plant variety protection.
3. Regarding the DUS testing method prescribed in
Point a Clause 2 of this Article
An applicant shall send the related variety to the
concerned plant variety to carry out DUS testing within 30 days before the
first planting season from the date of the application acceptance notification.
In case of disagreement with the DUS testing
results, the applicant may request the plant variety testing organization that
performed the previous DUS testing or any other plant variety testing
organization to re-do it. A request for a re-testing shall be made in writing,
specifying the reason and evidence proving its necessity while notifying such
event to the Ministry of Agriculture and Rural Development of Vietnam.
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a) Have a rental contract of the location and the
land area appropriate for DUS testing for the registered variety;
b) Have a contract for hiring devices and equipment
for analyzing and assessing targets according to the request for plant variety
testing;
c) Have a rental contract of a laboratory with an
issued certificate of operation registration and is recognized or designated
for the case of testing with the inclusion of analysis targets;
d) Have a rental contract of a check variety
appropriate for the variety registered for testing;
dd) Have a labor contract with at least 1 technical
officer with at least a bachelor’s degree in one of the majors of crop
production, plant protection, biology, or equivalences and a certificate of
training in DUS testing issued by a plant protection variety authority.
5. Regarding DUS testing performed by the
applicant, within 30 days from the date the Ministry of Agriculture and Rural
Development of Vietnam promulgates the guidelines for DUS testing documents,
the applicant shall submit the plan for DUS testing with the following expected
contents: check variety, location, and time of testing. After submitting the
plan for DUS testing, the applicant shall carry out the testing.
Article 9. Inspection of
conditions and implementation of DUS testing performed by applicants
1. The Ministry of Agriculture and Rural
Development of Vietnam shall establish an inspection delegation including
officials assigned with tasks of plant variety protection; DUS testing
specialists, or plant variety specialists in the application for protection.
2. Inspection contents: conditions for implementing
testing; testing implementation; assessment of distinctness, uniformity, and
stability of the variety registered by the applicant according to DUS testing
documents.
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4. Inspection minutes shall be made following Form
No. 07 enclosed herewith and archived in the application for registration of
plant variety protection. The Ministry of Agriculture and Rural Development of
Vietnam shall, based on the inspection minutes made during the content
assessment of the application for registration of plant variety protection,
carry out the assessment of the report on DUS testing results.
Article 10. Submission of
samples of varieties and management and use of varieties registered for
protection
1. Regarding the plant variety subject to testing
according to Point a Clause 2 Article 8 of this Decree, the applicant shall
submit a sample for DUS testing and a sample for storage to the plant variety
testing organization within 30 days before the first planting season from the
date of the notification of the acceptance of the application for protection of
such a plant variety.
2. Regarding the plant variety subject to testing
according to Point a Clause 2 Article 8 of this Decree, the applicant shall
submit a sample for DUS testing and a sample for storage to the plant variety
testing organization within 30 days before the first planting season from the
date of the notification of the acceptance of the application for protection of
such a plant variety.
3. The weight (or quantity) and quality of the
sample of the variety sent for testing and storage shall comply with DUS
testing documents applicable to the related plant variety.
4. The applicant or owner of the plant variety
shall submit the sample of the protected plant variety when requested by the
competent authority during the period of temporary rights or the effective
period of a protection title. The sample shall be ensured of its quality
according to Clause 3 of this Article and identical to the sample of the
variety prescribed in the registration application with the expression levels
of traits matching the description prescribed in the protection title (if any).
5. The applicant or owner of the plant variety
shall store the sample of the variety during the period when the variety is
entitled to temporary rights until the expiry date of the protection title.
6. The use of the stored sample shall be approved
by written consent of the applicant or the owner of the plant variety except
for cases of implementing DUS testing, testing, or post-testing to identify the
correct variety or settle any dispute, petition, complaint, denunciation, or
lawsuit.
Article 11. Issuance of
protection titles of plant varieties
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In case of using DUS testing results according to
Point c Clause 2 Article 8 of this Decree, the Ministry of Agriculture and
Rural Development of Vietnam shall receive a report on DUS testing directly
from the plant variety protection authority of a member nation of UPOV or the
nation cooperating with Vietnam in plant variety protection.
The report on the DUS testing results used for the
issuance of a decision to recognize the circulation of the plant variety shall
be used in the issuance of the protection title of the plant variety if the
distinctness of the registered variety is ensured compared to the distinctness
of the commonly known variety at the time of submission of the registration
application.
2. Within 90 days after receiving the report on the
DUS testing results, the Ministry of Agriculture and Rural Development of
Vietnam shall carry out the content assessment according to Clause 1 Article
178 of the Law on Intellectual Property 2005.
a) In case the registered variety ensures its
distinctness, uniformity, and stability and the application for protection
meets the requirements prescribed in Article 176 and Point a Clause 1 Article
178 of the Law on Intellectual Property 2005, the Ministry of Agriculture and
Rural Development of Vietnam shall issue a decision on the issuance of the
protection title of the plant variety following Form No. 09 and Form No. 10
enclosed herewith; return the results to the applicant; disclose the
information in the Agriculture and Rural Development Magazine and on its web
portal within 60 days from the date of decision issuance.
b) In case the registered variety fails to ensure
distinctness, uniformity, or stability or the application fails to meet one of
the requirements prescribed in Clause 2 Article 176 and Point a Clause 1
Article 178 of the Law on Intellectual Property 2005, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a written notification
of the intended refusal of the issuance of the protection title of the plant
variety to the applicant with specified reasons and impose a 30-day time limit
for the applicant to rectify any deficiency or object to the indented refusal.
If the applicant does not have any reasonable
objection to the intended refusal or fails to rectify deficiencies after the
imposed time limit, the Ministry of Agriculture and Rural Development of
Vietnam shall issue a notification refusing the issuance of the protection
title of the plant variety. In case the applicant rectifies deficiencies or has
a reasonable objection, the Ministry of Agriculture and Rural Development of
Vietnam shall issue the protection title of the plant variety under Clause 1 of
this Article.
3. A plant variety protection title shall only be
issued in 1 copy.
Article 12. Amendments to and
re-issuance of plant variety protection titles
1. A holder of a protection title requesting
amendments to or re-issuance of the plant variety protection title shall submit
an application to the Ministry of Agriculture and Rural Development of Vietnam.
An application includes:
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b) Certified copies of legal documents proving
changes to or deficiencies concerning the name and/or address of the holder of
the plant variety protection title.
c) Original copy of the plant variety protection
title (except for the case where the protection title is lost).
2. Within 12 days after receiving the adequate
application, the Ministry of Agriculture and Rural Development of Vietnam shall
assess it.
a) If the application is valid, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a decision on
amendments to or re-issuance of the protection title to the applicant and
disclose the information in the Agriculture and Rural Development Magazine and
on its web portal within 60 days from the date of decision issuance. The
amended or re-issued plant variety protection title shall maintain its original
or previous number and be labeled “cấp lại” (re-issued) at its lower left
corner.
b) If the application is invalid, the Ministry of
Agriculture and Rural Development of Vietnam shall provide written answers and
explanations for the holder of the protection title.
Article 13. Suspension,
restoration, and termination of the validity of plant variety protection titles
1. Suspension of the validity of a plant variety
protection title
a) The Ministry of Agriculture and Rural
Development of Vietnam shall issue a decision to suspend the validity of the
plant variety protection title when there are grounds proving that the
protected plant variety no longer meets the requirements for distinctness or
stability compared to its state at the time of issuance of the protection
title.
b) In case an organization or individual requests
the suspension of the validity of a plant variety protection title under Point
a Clause 1 Article 170 of the Law on Intellectual Property, an application
shall be submitted to the Ministry of Agriculture and Rural Development of
Vietnam. An application includes:
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Evidence proving that the protected plant variety
no longer meets the requirements for distinctness or stability compared to its
state at the time of issuance of the protection title.
Within 30 days from the receipt of the sufficient
application, the Ministry of Agriculture and Rural Development of Vietnam shall
assess and provide written notification for the holder of the plant variety
protection title while organizing the re-assessment of the distinctness and/or
stability of the related plant variety.
Within 12 days after receiving the results of the
re-assessment of distinctness and/or stability, the Ministry of Agriculture and
Rural Development of Vietnam shall begin the assessment. If the objection of
the third party has sufficient legal grounds, the Ministry of Agriculture and
Rural Development of Vietnam shall issue a decision to suspend the validity of
the plant variety protection title. If the objection of the third party has
insufficient legal grounds, the Ministry of Agriculture and Rural Development
of Vietnam shall answer and explain in writing.
c) In case of suspension of the validity of the
plant variety protection title under Point c and Point d Clause 1 Article 170
of the Law on Intellectual Property.
Within 30 days from the date the Ministry of
Agriculture and Rural Development of Vietnam provides written notification
requesting changes to the name of the plant variety or provides the necessary
documents and materials for plant variety reproduction to maintain and store
the plant variety as per regulation for the holder of the plant variety
protection title but the holder fails to comply with, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a decision to suspend
the validity of the plant variety protection title.
d) A decision to suspend the validity of the plant
variety protection title shall be disclosed in the Agriculture and Rural
Development Magazine and on the web portal of the Ministry of Agriculture and
Rural Development of Vietnam within 60 days from its issuance date.
2. Restoration of the validity of a plant variety
protection title
a) The holder of the plant variety protection title
may rectify the reason for the suspension according to Clause 5 Article 170 of
the Law on Intellectual Property.
b) The holder of the plant variety protection title
shall submit an application to the Ministry of Agriculture and Rural
Development of Vietnam. An application includes:
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Evidence proving the rectification of the
suspension reason.
c) Within 12 days after receiving the adequate
application, the Ministry of Agriculture and Rural Development of Vietnam shall
assess it.
If the application is valid, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a decision to restore
the validity of the plant variety protection title, return the results to the
holder of the plant variety protection title, and disclose the information on
its web portal.
If the application is invalid, the Ministry of
Agriculture and Rural Development of Vietnam shall provide written answers and
explanations for the holder of the plant variety protection title.
3. Termination of the validity of a plant variety
protection title
a) The Ministry of Agriculture and Rural
Development of Vietnam shall issue a decision to terminate the validity of the
plant variety protection title when there are grounds proving that it is
subject to one of the cases prescribed in Clause 1 Article 171 of the Law on
Intellectual Property 2005, amended by Clause 69 Article 1 of the Law on
Amendments to the Law on Intellectual Property 2022.
b) An organization or individual that has
objections to one of the cases prescribed in Clause 1 Article 171 of the Law on
Intellectual Property 2005, amended by Clause 68 Article 1 of the Law on
Amendments to the Law on Intellectual Property 2022 shall submit an application
to the Ministry of Agriculture and Rural Development of Vietnam. An application
includes:
Application for termination of the validity of the
plant variety protection title following Form No. 14 enclosed herewith;
Evidence proving the reasons for requesting the
termination of the validity of the plant variety protection title.
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In case the reason specified in the request for the
termination of the validity of the protection title is that the application for
registration of the protection of plant varieties is carried out by a person
incompetent to register or the protected plant variety fails to meet the novel
requirements at the time of issuance of the protection title, or if the
objection of a third party has sufficient legal grounds, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a decision to
terminate the validity of the plant variety protection title. If the objection
of the third party does not have sufficient legal grounds, the Ministry of
Agriculture and Rural Development of Vietnam shall answer and explain in
writing.
In case the reason for the request for the
termination of the validity of the protection title is that the protected plant
variety fails to meet the requirements for distinctness at the time of issuance
of the protection title or the plant variety fails to meet the requirements for
uniformity or stability at the time of issuance of the protection title based
on the testing results performed by the by applicant, the Ministry of
Agriculture and Rural Development of Vietnam shall organize testing for the
re-assessment of distinctness, uniformity, or stability of the plant variety.
Within 12 days after receiving the testing results,
the Ministry of Agriculture and Rural Development of Vietnam shall begin the
assessment. If the objection of the third party has sufficient legal grounds,
the Ministry of Agriculture and Rural Development of Vietnam shall issue a
decision to terminate the validity of the plant variety protection title. If
the objection of the third party has insufficient legal grounds, the Ministry
of Agriculture and Rural Development of Vietnam shall answer and explain in
writing.
c) A decision to terminate the validity of the
plant variety protection title shall be disclosed in the Agriculture and Rural
Development Magazine and on the web portal of the Ministry of Agriculture and
Rural Development of Vietnam within 60 days from its issuance date.
Article 14. National Register
1. Protected plant varieties shall be recorded in
the National Register.
2. The Ministry of Agriculture and Rural
Development of Vietnam shall establish and store a National Register for
protected plant varieties.
The National Register for protected plant varieties
shall record and archive information on plant variety protection titles and
changes during the effective period of plant variety protection titles.
Article 15. Plant varieties
originating mostly from protected plant varieties
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Chapter III
RIGHTS TO PLANT VARIETIES
THAT ARE THE RESULTS OF SCIENTIFIC AND TECHNOLOGICAL TASKS FUNDED BY THE STATE
BUDGET
Article 16. Assignment of
rights to register plant varieties that are the results of scientific and
technological tasks funded by the state budget
1. After 12 months from the time of testing of
scientific and technological tasks, if the organization in charge of scientific
and technological tasks does not submit an application for registration of
rights to the related plant variety or a report on not needing to exercise the
rights to registration to the state ownership representative, the state
ownership representative shall assign the rights to register the mentioned
plant variety to another organization established under the laws of Vietnam or
an individual who are a Vietnamese citizen with permanent residence in Vietnam.
Procedures for assigning rights are as follows:
a) The state ownership representative shall
disclose notification of the submission of the application for the assignment
of rights to register the plant variety on the web portal or website of the
authority managing scientific and technological tasks within 90 days. Contents
of the notification: names of the scientific and technological tasks; brief
information on the plant variety such as the name of the variety, name of the
plant type, several main agronomic and biological traits; requests and
conditions for the organization or individual assigned with the registration
rights; name of the receiving unit, methods of receiving the application for
assignment of rights to the plant variety.
d) Within the time limit prescribed in Point a
Clause 1 of this Article, any concerned organization or individual shall submit
an application for assignment of registration rights following Form No. 15 enclosed
herewith to the receiving unit.
Within 12 days from the end date of the application
receipt, the state ownership representative shall disclose a list of
organizations and individuals with valid applications and the intention to
assign such organizations and individuals to exercise rights to registration or
become the joint applicants of applications for plant variety protection with
assigned rights on the website of the authority managing scientific and
technological tasks and impose a 7-working-day time limit from the disclosure
date for the applicants to have any suggestions on the mentioned contents.
After the above time limit, if concerned organizations and individuals agree to
become the joint applicant in writing or do not have any written response,
within 5 working days after the end date of the above time limit, the state
ownership representative shall issue a decision to assign the rights to
register plant variety protection to the organizations and individuals such
organizations and individuals.
2. In case the rights to registration cannot be
assigned to the concerned organization or individual according to Clause 1 of
this Article or in the case prescribed in Point a Clause 3 Article 191b of the
Law on Amendments to the Law on Intellectual Property 2022 or the related
application for plant variety registration is a result of certain scientific
and technological task funded by the state budget is not accepted, declined
from the issuance of a plant variety protection title, or withdrew before being
disclosed, the state ownership representative shall disclose on the web portal
or website of the authority managing scientific and technological tasks the
brief information on the name of the related variety, name of the plant type,
several main agronomic and biological traits for other permitted organizations
or individuals to utilize and use according to the law on production and
trading of plant varieties.
Article 17. Responsibilities
of organizations in charge of scientific and technological tasks; organizations
and individuals assigned with rights to register plant varieties
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a) Ensure the novel requirements for plant
varieties up to the time of assigning registration rights to other
organizations or individuals if such plant varieties are not registered for
protection, except for cases of failure to assign registration rights.
b) Store and maintain the plant varieties to ensure
their stability according to the description at the time of the thematic
testing during the time such plant varieties are used until the handover to
other organizations or individuals in case of transfer of registration rights
or ownership, except cases where other agreements are made.
2. Organizations and individuals assigned with
registration rights shall:
a) Register plant variety protection or continue to
carry out procedures for the issuance of plant variety protection titles.
b) Store and maintain plant varieties, provide
information, materials, and materials for plant variety reproduction of the
protected plant varieties upon requests from the Ministry of Agriculture and
Rural Development of Vietnam, and maintain the stability of the protected plant
varieties according to the described traits at the time of issuance of plant
variety protection titles.
3. Annually, plant variety protection title holders
shall submit reports to the authority managing scientific and technological
tasks with the following contents:
a) Situation of the commercial utilization and
assessment of the efficiency of the utilization of plant varieties;
b) The total profit that the plant variety
protection title holders have received from the use and transfer of use rights,
transfer of ownership, and the settlement of remuneration for breeders, and
profit distribution enclosed with the financial statements;
c) Measures to protect rights currently in
implementation concerning plant varieties.
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1. The appropriate time, according to Point a
Clause 3 Article 191b of the Law on Amendments to the Law on Intellectual
Property 2022, is determined as after 3 years for annual plants, ephemeral
plants, medicinal plants, aquatic plants, and mushroom varieties or 5 years for
perennial plants, forestry plants, and long-day plants from the issuance date
of plant variety protection titles that the concerned holders fail to recognize
the circulation or disclose the circulation or recognize the varieties as per
regulation.
2. Regarding the prescribed in Point b Clause 3
Article 191b of the Law on Amendment to the Law on Intellectual Property 2022,
other organizations and individuals may request the utilization and use of
plant varieties that are the results of scientific and technological tasks
funded by state budget shall submit applications to authorities competent to
approve scientific and technological tasks. An application includes:
a) Application for the use of the plant variety
following Form No. 16 enclosed herewith;
b) Documents proving legitimate grounds to utilize
and use the plant variety
3. Within 7 working days from the receipt of an
adequate application, the authority competent to approve scientific and
technological tasks shall assess it.
a) If the application is valid, the authority
competent to approve scientific and technological tasks shall issue a decision
to permit the utilization and use of the plant variety while providing
notifications for the plant variety protection title holder and the applicant
for implementation.
b) If the application is invalid, the authority
competent to approve scientific and technological tasks shall answer and
explain in writing.
4. A decision to permit an organization or
individual that is not the plant variety protection title holder to utilize and
use the plant variety prescribed in Clause 3 of this Article shall specify the
scope and requirements for such an entity entitled to the permission, including
the following contents:
a) Rights to utilization and use of the plant
variety shall not be exclusive;
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c) The organization or individual permitted by the
competent authority shall not transfer the rights to other entities.
5. The plant variety protection title holder may
request the termination of the permission for the concerned organization or
individual to utilize and use the related plant variety when the grounds
prescribed in Point b Clause 3 Article 191b of the Law on Amendments to the Law
on Intellectual Property 2022 no longer exist. Specifically:
a) The plant variety protection title holder shall
submit an application to the Ministry of Agriculture and Rural Development of
Vietnam requesting the termination of the utilization and use of the related
plant variety. The application includes:
Application requesting the termination of the use
of the related plant variety following Form No. 17 enclosed herewith;
Documents proving the grounds to permit the
utilization and use of the related plant variety no longer exist.
b) Within 7 working days after receiving the
adequate application, the Ministry of Agriculture and Rural Development of
Vietnam shall assess it;
If the application is valid, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a decision to
terminate the utilization and use of the related plant variety.
If the application is invalid, the Ministry of
Agriculture and Rural Development of Vietnam shall answer and explain in
writing.
Chapter IV
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Article 19. Registration of
transfer of rights to protected plant varieties
1. After the conclusion of a transfer contract of
rights to the related plant variety according to laws, an application for
transfer registration shall be submitted to the Ministry of Agriculture and
Rural Development of Vietnam. The application includes:
a) Statement on transfer registration following
Form No. 18 enclosed herewith;
b) Certified copies of the transfer contract of
rights to the related plant variety. The contents of the contract shall be
written in Vietnamese or translated to Vietnamese, and each page must bear the
confirmation signatures of concerned parties or an affixed seal;
c) Original copy of the protection title of the
transferred plant variety;
d) Original copies of the written consents of
co-owners of the related plant variety in case of co-ownership.
2. Within 30 days after receiving the adequate
application, the Ministry of Agriculture and Rural Development of Vietnam shall
assess it.
a) If the application is valid, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a written notification
of the transfer of the ownership of the plant variety protection title,
recognize the receiving party as the new plant variety protection title holder,
update the information to the National Register, issue the plant variety
protection title according to the recorded information on the transfer, and
disclose such information on its web portal.
b) If the application is invalid, the Ministry of Agriculture
and Rural Development of Vietnam shall provide answers and explanations for the
applicant in writing.
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1. The Ministry of Agriculture and Rural Development
of Vietnam shall issue a decision on the compulsory transfer of rights to use a
protected plant variety that is subject to types of agricultural, forestry, and
aquatic plants.
2. The Ministry of Agriculture and Rural
Development of Vietnam shall take charge and cooperate with the Ministry of
Health of Vietnam in issuing decisions on the compulsory transfer of rights to
use protected plant varieties for medicine production.
Article 21. Cases of
compulsory transfer of rights to use protected plant varieties
1. Cases of compulsory transfer of rights to use
protected plant varieties:
a) Plant varieties are used for public purposes,
non-commercial purposes, national defense and security, food and nutrition
security for the people, or necessary needs of society in case of natural
disasters, epidemics, wars, and widespread environmental pollution;
b) The person who has the capacity and wishes to
use the related plant variety fails to reach an agreement with the plant
variety right holder regarding the conclusion of a contract to use it after 12
months of negotiations (excluding cases of force majeure) over the reasonable
price and commercial conditions;
c) The plant variety right holder is considered to
have committed anti-competitive acts banned by competition laws.
2. In case of using plant varieties according to
Point a Clause 1 of this Article, the Ministry of Agriculture and Rural
Development of Vietnam shall disclose the requirements for the plant varieties,
including the names, purposes, amount of varieties to be used, scope, and time
for meeting the requirements for transfer purposes, and the time limit for
application submission for organizations and individuals wishing to use such
plant varieties to carry out the registration.
Article 22. Schedule for compensatory
prices for compulsory transfer of rights to use plant varieties
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In case a valuation enterprise cannot be hired, the
Ministry of Agriculture and Rural Development of Vietnam shall establish a
Valuation Council to determine the schedule for compensatory prices for plant
varieties subject to compulsory transfer of use rights.
Article 23. Procedures for
transferring rights to use protected plant varieties under compulsory decisions
1. The receiving party of a transfer of rights to
use a protected plant variety under a compulsory decision:
a) An organization or individual wishing to use the
related plant variety according to Point b Clause 1 Article 21 of this Decree;
a) An organization or individual failing to reach
an agreement on the use of the related plant variety or being hindered from
competition according to Point b and Point c Clause 1 Article 21 of this
Decree.
2. Organizations and individuals shall submit
applications to the Ministry of Agriculture and Rural Development of Vietnam.
An application includes:
a) Application requesting the compulsory transfer
of rights to use the related plant variety following Form No. 19 enclosed
herewith, specifying the scope and time limit for receiving the compulsory
transfer;
b) Original copy of the report on financial
capacity following Form No. 20 enclosed herewith;
c) Certified copies of documents proving that the
request for the compulsory transfer of rights to use the related plant variety
is legitimate under laws regarding cases prescribed in Point b and Point c
Clause 1 Article 21 of this Decree;
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3. The procedure for compulsory transfer of rights
to use the protected plant variety according to Point a Clause 1 Article 21 of
this Decree:
a) Within 15 days after receiving the adequate
application, the Ministry of Agriculture and Rural Development of Vietnam shall
assess it.
If the application is valid, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a decision on the
compulsory transfer of rights to use the related plant variety while providing
notifications for the transferring and receiving parties for implementation.
c) If the application is invalid, the Ministry of
Agriculture and Rural Development of Vietnam shall provide answers and
explanations for the applicant in writing.
4. The procedure for compulsory transfer of rights
to use the protected plant variety according to Point b and Point C Clause 1
Article 21 of this Decree:
a) Within 12 days after receiving the adequate
application, the Ministry of Agriculture and Rural Development of Vietnam shall
assess it and notify the plant variety right holder of the request for
compulsory transfer of rights to use the related plant variety.
b) Within 30 days from the date of notification,
the plant variety right holder shall provide a written answer.
c) In case the plant variety right holder does not
provide any answer or has written consent to the request for compulsory
transfer of rights to use the related plant variety, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a decision on the
compulsory transfer of rights to use the related plant variety.
d) In case the plant variety right holder objects
to the request for the compulsory transfer of the rights to use the related
plant variety, the Ministry of Agriculture and Rural Development of Vietnam
shall assess the objection within 12 days from its receipt:
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If the request for the compulsory transfer of
rights to use the related plant varieties does not have sufficient grounds
according to Point b and Point c Clause 1 Article 21 of this Decree, the
Ministry of Agriculture and Rural Development of Vietnam shall issue a refusal
notification and provide specific reasons.
Article 24. Amendment,
suspension, and termination of the validity of decisions on compulsory transfer
of
1. A decision on the compulsory transfer of rights
to use a plant variety shall be:
a) Amended when the conditions for issuing the
decision on compulsory transfer have been changed;
b) Suspended when the conditions for issuing the
decision on compulsory no longer exist;
c) Terminated when there are grounds proving that
the decision on compulsory transfer is contrary to laws.
2. A plant variety protection title holder wishing
to amend, suspend, or terminate the validity of a decision on the compulsory
transfer of rights to use the related plant variety shall submit an application
to the Ministry of Agriculture and Rural Development of Vietnam. The
application includes:
a) Application requesting amendment, suspension, or
termination of the validity of the decision on the compulsory transfer of
rights to use the related plant variety following Form No. 21 enclosed
herewith;
b) Certified copies of documents proving that the
amendment, suspension, or termination of the validity of the decision on the
compulsory transfer is well-grounded and does not cause damage to the person
receiving the compulsory transfer;
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3. Within 12 days after receiving the adequate
application, the Ministry of Agriculture and Rural Development of Vietnam shall
assess it.
a) If the request for the amendment, suspension, or
termination of the validity of the decision on the compulsory transfer of
rights to use the related plant variety has legitimate grounds, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a decision to amend,
suspend, or terminate the validity of the related decision and provide
notifications for the transferring and receiving parties for implementation.
b) If the request for the amendment, suspension, or
termination of the validity of the decision on the compulsory transfer of rights
to use the related plant variety does not have legitimate grounds according to
Article 195 of the Law on Intellectual Property 2005, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a refusal notification
and provide specific reasons.
Chapter V
PLANT VARIETY RIGHT
REPRESENTATION
Article 25. Scope of rights of
plant variety right representatives
1. A plant variety right representation service
provider shall only carry out its services within the authorized scope and may authorize
another plant variety right representation service provider with the written
consent of the authorizing person.
2. A plant variety right representation service
provider shall:
a) Not simultaneously represent parties in dispute
over the rights to a plant variety;
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c) Not deceive or force its clients in the
conclusion and implementation of contracts of plant variety right
representation services;
d) Not use or disclose information on protection
registration applications undisclosed by the Ministry of Agriculture and Rural
Development of Vietnam
Article 26. Law training in
rights to plant varieties
1. Contents of law training in rights to plant
varieties include:
a) Laws on rights to plant varieties, including
laws of Vietnam, regulations of international treaties, guiding documents, and
cooperation agreements that Vietnam is a signatory;
b) Legislative documents on the state management of
plant varieties;
c) Procedures for establishing rights to plant
varieties and searching and utilizing information on plant variety protection;
d) DUS testing regulations: DUS testing documents
and DUS testing implementation.
2. Facilities providing training and issuing
certificates of law training in rights to plant varieties shall:
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b) Compile and approve textbooks or select
appropriate textbooks to use as official teaching and learning materials; print
blanks and issue certificates of law training in rights to plant varieties
following Form No. 23 enclosed herewith to individuals adequately participating
in training in plant variety right representation;
c) Send lists of individuals with issued
certificates of law training in rights to plant varieties to the Ministry of
Agriculture and Rural Development of Vietnam within 30 days from the
certificate issuance date.
Article 27. Professional plant
variety right representation exam
1. Contents of the professional plant variety right
representation exam
a) Laws on rights to plant varieties, including
laws of Vietnam, regulations of international treaties, guiding documents, and
cooperation agreements that Vietnam is a signatory;
b) Skills in applying laws to the procedure for
establishing rights to plant varieties, searching and utilizing information on
plant variety protection, and implementing DUS testing.
2. The Ministry of Agriculture and Rural
Development of Vietnam shall disclose the organization of the professional
plant variety right representation exam on its web portal, specifying the
conditions for participation, application procedure, exam contents, time, and
location.
3. Individuals meeting the following requirements
shall be eligible for registering for participation in the exam according to
this Article, specifically:
a) Being Vietnamese citizens with sufficient legal
capacity;
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c) Having at least a bachelor’s degree in crop
production, plant protection, biology, silviculture, or law;
d) Having engaged in operations concerning plant variety
right laws for 5 years or more or engaged in operations of assessing
applications for registering rights to plant varieties at national or
international authorities of rights to plant varieties for 5 years or more or
graduated from training courses in plant variety right laws recognized by
competent authorities.
4. Individuals registering for participation in the
exam for certificates of professional plant variety right representation shall
submit applications to the Ministry of Agriculture and Rural Development of
Vietnam. An application includes:
a) Statement on exam registration following Form
No. 24 enclosed herewith;
b) Copies of the bachelor’s degree or
post-university degree (the original shall be presented for comparison,
excluding cases of certified copies);
c) Copies of the certificate of training in plant
variety right laws (the original shall be presented for comparison, excluding
cases of certified copies) or copies of the recruitment decision or labor
contract, and other documents proving the actual professional operations (the
original shall be presented for comparison, excluding cases of certified
copies);
d) 2 photos sized 3 x 4 (cm).
The Ministry of Agriculture and Rural Development
of Vietnam shall assess applications and provide written notification for
individuals with valid applications 15 days before the exam date, specifying
the exam plan.
5. The Ministry of Agriculture and Rural
Development of Vietnam shall issue a decision to establish a Council for
Professional Plant Variety Right Representation Exam (hereinafter referred to
as “Exam Council”).
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b) The Exam Council shall develop a question paper
bank (including answer keys and score scales).
6. Organization of the exam
a) The question paper shall be randomly selected by
the President of the Exam Council from the question paper bank.
b) The Exam Council shall mark exam papers
following the answer keys and score scales of the selected question paper.
c) A candidate achieving a score of 5,0 or more
based on the 10-point scale for his/her exam paper is considered qualified.
7. Within 20 days from the date of the exam, the
President of the Exam Council shall disclose the exam results on the web portal
of the Ministry of Agriculture and Rural Development of Vietnam and issue
certificates following Form No. 25 enclosed herewith for qualified people.
Article 28. Issuance of
practicing certificates of plant variety right representation services
1. Individuals meeting conditions for issuance of
practicing certificates of right representation prescribed in Clause 66 Article
1 of the Law on Amendments to the Law on Intellectual Property 2022 shall
submit applications to the Ministry of Agriculture and Rural Development of
Vietnam. An application includes:
a) Application requesting the issuance of the
practicing certificate of plant variety right representation following Form No.
26 enclosed herewith;
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c) 2 photos sized 3 x 4 (cm).
2. Within 12 days after receiving the adequate
application, the Ministry of Agriculture and Rural Development of Vietnam shall
assess it.
a) If the application is valid, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a decision, issue the
practicing certificate of plant variety right representation services following
Form No. 27 enclosed herewith, return the results, and disclose the information
on its web portal.
b) If the application is invalid, the Ministry of
Agriculture and Rural Development of Vietnam shall provide answers and
explanations for the applicant in writing.
Article 29. Re-issuance of
practicing certificates of plant variety right representation services
1. Individuals with practicing certificates of
plant variety right representation services that are lost, torn, dirty, or
faded to the point of being unusable requesting for re-issuance of such
certificates shall submit applications to the Ministry of Agriculture and Rural
Development of Vietnam. An application includes:
a) Application requesting the re-issuance of the
practicing certificate of plant variety right representation following Form No.
28 enclosed herewith;
b) Original copy of the practicing certificate of
representation services in case it is torn, dirty, or faded to the point of
being unusable;
c) 1 photo sized 3 x 4 (cm).
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a) If the application is valid, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a decision, re-issue
the practicing certificate of plant variety right representation services,
return the results, and disclose the information on its web portal.
b) If the application is invalid, the Ministry of
Agriculture and Rural Development of Vietnam shall provide answers and
explanations for the applicant in writing.
Article 30. Revocation of
practicing certificates of plant variety right representation services
1. A person with an issued practicing certificate
of plant variety right representation services shall have his/her certificate
revoked in the following cases:
a) He/she terminates the operation of plant variety
right representation;
b) He/she no longer meets the conditions for the
issuance of the practicing certificate of plant variety right representation
services prescribed in Clause 66 Article 1 of the Law on Amendments to the Law
on Intellectual Property 2022;
c) He/she fails to perform the responsibility for
right representation prescribed in Clause 66 Article 1 of the Law on Amendments
to the Law on Intellectual Property 2022 or Clause 2 Article 25 of this Decree;
d) He/she commits a severe violation during plant
variety right representation;
dd) He/she takes advantage of plant variety right
representation to engage in operations outside of the scope of plant variety
right representation services prescribed in Clause 1 Article 25 of this Decree;
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2. When there are grounds backing for the
revocation of the practicing certificate according to Clause 1 of this Article,
within 15 days, the Ministry of Agriculture and Rural Development of Vietnam
shall issue a decision to revoke the practicing certificate of plant variety
right representation services and disclose the information on its web portal.
Article 31. Recognition of
plant variety right representation service providers
1. Organizations meeting the conditions prescribed
in Point 2 Clause 66 Article 1 of the Law on Amendments to the Law on
Intellectual Property 2022 requesting recognition as plant variety right
representation service providers shall submit applications to the Ministry of
Agriculture and Rural Development of Vietnam. An application includes:
a) Application requesting recognition as a plant
variety right representation service provider following Form No. 29 enclosed
herewith;
b) List of members with practicing certificates of
plant variety right representation services and certified copies of recruitment
decisions or labor contracts with such members.
2. Within 15 days after receiving the adequate
application, the Ministry of Agriculture and Rural Development shall assess it.
a) If the application is valid, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a notification of
recognition of the plant variety right representation service provider, return
the results to the applicant, and disclose the information on its web portal.
b) If the application is invalid, the Ministry of
Agriculture and Rural Development of Vietnam shall provide answers and
explanations for the applicant in writing.
Article 32. Re-recognition of
plant variety right representation service providers
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a) Application requesting re-recognition as a plant
variety right representation service provider following Form No. 30 enclosed
herewith;
b) List of members with practicing certificates of
plant variety right representation services and certified copies of recruitment
decisions or labor contracts with such members.
2. Within 10 days after receiving the adequate
application, the Ministry of Agriculture and Rural Development of Vietnam shall
assess it.
a) If the application is valid, the Ministry of
Agriculture and Rural Development of Vietnam shall issue a notification of
re-recognition of the plant variety right representation service provider,
return the results to the applicant, and disclose the information on its web
portal.
b) If the application is invalid, the Ministry of
Agriculture and Rural Development of Vietnam shall provide answers and
explanations for the applicant in writing.
Article 33. Removal of names
of plant variety right representation service providers
1. A plant variety right representation service
provider shall have its name removed in the following cases:
a) It terminates its plant variety right
representation service business;
b) It no longer meets one of the conditions for eligibility
for the right representation service business prescribed in Clause 66 Article 1
of the Law on Amendments to the Law on Intellectual Property 2022;
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d) It commits a severe violation during plant
variety right representation services;
dd) It takes advantage of plant variety right
representation to engage in operations outside of the scope of plant variety
right representation services prescribed in Clause 1 Article 25 of this Decree.
2. If a plant variety right representation service
provider violates the regulations prescribed in Clause 1 hereof, the Ministry
of Agriculture and Rural Development of Vietnam shall consider issuing a
decision to remove the name of such provider and disclose the information on
its web portal.
Article 34. Responsibilities
of the Ministry of Agriculture and Rural Development of Vietnam and concerned
ministries and central authorities
1. The Ministry of Agriculture and Rural
Development of Vietnam shall perform the state management of rights to plant
varieties nationwide, implement this Decree, and shall:
a) Issue, re-issue, suspend, and terminate the
validity of plant variety protection titles;
b) Develop and promulgate guiding documents or
National Standards on DUS testing for new plant varieties;
c) Disseminate and universalize laws, provide
training and advanced training in knowledge and skills in plant variety right
protection;
d) Inspect and handle administrative violations
during the implementation of plant variety right protection;
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e) Manage plant variety right representation
operations; recognize, re-recognize, remove names, and record amendments to the
information of plant variety right representation service providers; issue,
re-issue, and revoke practicing certificates of plant variety right
representation services;
g) Inspect activities of training in plant variety
right laws and operations of right representation service providers;
h) Organize operations of information and
statistics concerning plant variety right protection;
i) Update the database on plant variety protection
at its web portal and the web portals of competent authorities of UPOV.
2. Ministries, ministerial agencies, and
governmental agencies shall, within their assigned tasks and entitlements,
carry out tasks of state management of rights to plant varieties as prescribed
by laws.
Article 35. Responsibilities
of People’s Committees of provinces and centrally affiliated cities
1. Disseminate, universalize, and implement plant
variety right protection policies and laws.
2. Inspect and handle administrative violations
during the implementation of plant variety right protection.
3. Direct People’s Committees of district-level
cities, districts, and district-level towns to implement state management
measures concerning local plant variety right protection.
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IMPLEMENTATION
PROVISIONS
Article 36. Entry into force
1. This Decree comes into force as of November 15,
2023.
2. The following documents cease to have effect
from the effective date of this Decree:
a) Decree No. 88/2010/ND-CP dated August 16, 2010
of the Government of Vietnam;
b) Circular No. 16/2013/TT-BNNPTNT dated February
28, 2013 of the Minister of Agriculture and Rural Development of Vietnam;
c) Circular No. 03/2021/TT-BNNPTNT dated June 22, 2021
of the Minister of Agriculture and Rural Development of Vietnam.
Article 37. Transitional
provision
Applications for plant variety registration
submitted to competent authorities before the effective date of this Decree
shall continue to comply with legislative documents effective at the time of
submission. However, regarding regulations on amendments to protection
registration applications and DUS testing, comply with this Decree if any
procedure arises after the effective date of this Decree.
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ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Luu Quang