Thông tư 30/2018/TT-BNNPTNT Danh mục cây trồng lâm nghiệp chính công nhận giống nguồn giống

• Số hiệu: 30/2018/TT-BNNPTNT
• Loại văn bản: Thông tư
• Nơi ban hành: Bộ Nông nghiệp và Phát triển nông thôn
• Người ký: Hà Công Tuấn
• Ngày ban hành: 16/11/2018

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT --------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 30/2018/TT-BNNPTNT	Hanoi, November 16, 2018

CIRCULAR

LIST OF MAJOR FOREST TREE SPECIES; RECOGNITION OF CULTIVARS AND CULTIVAR SOURCES; MANAGEMENT OF MAJOR FOREST TREE CULTIVAR MATERIALS

Pursuant to the Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Forestry dated November 15, 2017;

At the request of the Director General of the Vietnam Administration of Forestry;

The Minister of Agriculture and Rural Development hereby promulgates a Circular on the list of major forest tree species; recognition of cultivars and cultivar sources; management of major forest tree cultivar materials;

Chapter I

GENERAL PROVISIONS

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This Circular provides for the list of major forest tree species; recognition of cultivars and cultivar sources; management of major forest tree cultivar materials.

Article 2. Regulated entities

This Circular applies to domestic and foreign organizations and individuals engaging in recognition of cultivars and cultivar sources, and management of major forest tree cultivar materials.

Article 3. Definitions

1. “major forest tree species” mean species of timber trees and non-timber forest trees that meet the criteria specified in Article 4 of this Circular.

2. “major forest tree cultivars” mean cultivars of major forest tree species.

3. “cultivar source” means a place that provides propagating materials, including selected forest stands, transformed cultivar stands, planted cultivar stands, cultivar gardens, plus trees and hedge orchards.

4. “selected forest stand” means a natural forest or planted forest that has above average quality and is selected to temporarily provide cultivars for production but has not yet been affected by silvicultural techniques or assessed to be recognized as a transformed cultivar stand.

5. “transformed cultivar stand” means a cultivar stand selected from the best forest stand in a natural forest or planted forest and affected by silvicultural techniques as prescribed to have cultivars.

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7. “cultivar garden” means a garden that is planted according to a certain planting plan, from clones (clonal cultivar garden) or seeds of plus trees (sexual cultivar garden) that have been selected and recognized.

8. “plus tree” mean the best trees which are selected from natural forests, planted forests, scattered trees, cultivar stands or cultivar gardens and from which propagating materials are taken.

9. “original ortet” means a tree that produces high yield, has high quality and is resistant to pests and adverse conditions in a manner that is better than other trees in a population recognized through a clonal test to provide vegetative propagating materials.

10. “hedge orchard” means an orchard that is planted with clonal cultivars propagated from original ortets to provide materials for producing clonal cultivars.

11. “cultivar material” means a cultivar used for planting forests or propagating materials.

12. “propagating material” means a seed, whole plant or parts thereof used to produce a cultivar.

13. “cultivar test” means a monitoring and evaluation process that is gone through under certain conditions and during a certain time period in order to determine the cultivar’s yield, quality and resistance to pests and adverse conditions.

14. “planting trial” means the planting trial that is carried out on an area and during a certain time period to assess and compare yield and quality of trial cultivar with those of control cultivar.

15. “fast-growing species” mean those that reach an average annual diameter growth of at least 02 cm/year or average yield of at least 10 m^3/ha/year in a business cycle.

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Chapter II

MAJOR FOREST TREE SPECIES

Article 4. Criteria applied to major forest tree species

1. There are cultivars and cultivar sources that have been recognized and served forest planting demands and purposes.

2. Area of a concentrated forest involves at least 02 ecological zones.

Article 5. List of major forest tree species and amendments thereto

1. The list of major forest tree species is promulgated together with the Appendix I hereof.

2. The list of major forest tree species shall be amended when there is any species that satisfies or fails to satisfy the criteria specified in Article 4 of this Circular.

3. The Vietnam Administration of Forestry shall request the Minister of Agriculture and Rural Development to decide to amend the list of major forest tree species.

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RECOGNITION OF CULTIVARS AND CULTIVAR SOURCES; MANAGEMENT OF MAJOR FOREST TREE CULTIVAR MATERIALS

Section 1. RECOGNITION OF FOREST TREE CULTIVARS

Article 6. Criteria for recognition of a forest tree cultivar

1. The cultivar has undergone a test or a trial as prescribed in Articles 7 and 8 of this Circular.

2. The testing result shows that the cultivar has satisfied national standard for recognized cultivars or the trial result shows that the cultivar produces yield higher than or equal to and has quality better than or equal to the cultivar of the same species or recognized species planted in the same ecological zone.

3. The Vietnam Administration of Forestry applies for recognition of the cultivar.

Article 7. Testing for forest tree cultivars

1. Cultivars to be tested are forest tree cultivars domestically selected and produced; forest tree cultivars that have not yet been recognized or have been imported for the first time.

2. Regarding testing methods, species test, origin test, progeny test and clonal test shall be done.

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Article 8. Forest tree cultivar planting trial

1. Cultivars to be undergone a trial: native cultivars, forest tree cultivars that have not yet been recognized or have been imported for the first time and produce high yield and have high quality in the exporting country, have clear origin and are relevant to local ecological conditions.

2. The planting trial area is from 02 ha to 05 ha.

3. The fast-growing species and slow-growing species trial shall be assessed 03 years and 06 years respectively after they are planted. The trial of non-timber forest plants that have products shall be assessed during the period the 02 successive crops are harvested.

Article 9. Procedures for recognition of forest tree cultivars

1. The Ministry of Agriculture and Rural Development shall recognize forest tree cultivars.

2. An application for recognition of a forest tree cultivar includes:

a) An application form (Form No. 01 in the Appendix II hereof);

b) A report on cultivar test or cultivar planting trial results (Form No. 02 in the Appendix II hereof);

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3. Applicants shall submit the application by post or through public postal services or online.

4. Procedures:

a) Any organization or individual that wishes to apply for recognition of a forest tree cultivar shall submit an application specified in Clause 2 of this Article to the Vietnam Administration of Forestry. If the application is unsatisfactory, within 03 working days from the receipt of the application, the Vietnam Administration of Forestry shall directly instruct or instruct the applicant in writing to complete the application;

b) Within 15 working days from the receipt of the satisfactory application, the Vietnam Administration of Forestry shall establish an appraisal council to appraise the application, carry out a site inspection, prepare and submit an appraisal report to the Ministry of Agriculture and Rural Development. The appraisal council includes experts, scientists and representatives of regulatory authorities;

c) Within 03 working days from the receipt of the appraisal report, the Ministry of Agriculture and Rural Development shall decide to recognize the forest tree cultivar according to the Form No. 03 in the Appendix II and Section A Appendix III hereof, issue the decision on recognition of the forest tree cultivar to the applicant or respond and provide explanation in writing in case of rejection of the application.

Article 10. Invalidation of the decision on recognition of a forest tree cultivar

1. A decision on recognition of a forest tree cultivar shall be invalidated in the following cases:

a) The forest tree cultivar is degraded or its yield or quality is reduced, thereby failing to satisfy national standards for recognized cultivars;

b) The cultivar fails to serve forest planting demands and purposes.

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Section 2. RECOGNITION OF FOREST TREE CULTIVAR SOURCES

Article 11. Criteria for recognition of a forest tree cultivar source

1. The source satisfies national standards for recognized cultivar sources.

2. The Forest Protection Sub-department applies for recognition of the source.

Article 12. Procedures for recognition of forest tree cultivar sources

1. Provincial Departments of Agriculture and Rural Development shall recognize forest tree cultivar sources.

2. An application for recognition of a forest tree cultivar source includes:

a) An application form (Form No. 04 in the Appendix II hereof);

b) A technical report on cultivar source test (Form No. 05 in the Appendix II hereof).

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4. Procedures:

a) Any organization or individual that wishes to apply for recognition of a forest tree cultivar source shall submit an application specified in Clause 2 of this Article to the Forest Protection Sub-department. If the application is unsatisfactory, within 03 working days from the receipt of the application, the Forest Protection Sub-department shall directly instruct or instruct the applicant in writing to complete the application;

b) Within 15 working days from the receipt of the satisfactory application, the Forest Protection Sub-department shall establish an appraisal council to appraise the application, carry out a site inspection, prepare and submit an appraisal report to the provincial Department of Agriculture and Rural Development. The appraisal council includes experts, scientists and representatives of regulatory authorities;

c) Within 03 working days from the receipt of the appraisal report, the provincial Department of Agriculture and Rural Development shall decide to recognize the cultivar source according to the Form No. 06 in the Appendix II and Section B Appendix III hereof, issue the decision on cultivar source recognition to the applicant or respond and provide explanation in writing in case of rejection of the application.

5. A decision on recognition of a forest tree cultivar source remains valid for:

a) 15 years, regarding the cultivar garden;

b) 07 years, regarding the planted cultivar stand;

c) 05 years, regarding the transformed cultivar stand and selected forest stand;

d) 10 years, regarding the plus tree and hedge orchard that provides propagating materials;

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6. After the effective period specified in Clause 5 of this Article, if wishing to keep using a cultivar source, it shall be re-assessed and re-recognized as prescribed in Clauses 1, 2, 3, 4 and 5 of this Article.  The hedge orchards that provide cuttings shall not be re-recognized.

Article 13. Invalidation of the decision on recognition of forest tree cultivar sources

1. A decision on recognition of a forest tree cultivar source shall be invalidated in the following cases:

a) The cultivar source is degraded or its yield or quality is reduced, thereby failing to satisfy national standards for recognized cultivar sources;

b) The cultivar source fails to serve forest planting demands and purposes.

2. The Forest Protection Sub-department shall carry out an assessment and request the provincial Department of Agriculture and Rural Development to invalidate the recognition decision and notify the cultivar source owner and relevant authorities.

Section 3. MANAGEMENT OF MAJOR FOREST TREE CULTIVAR MATERIALS

Article 14. Requirements for major forest tree cultivar materials

1. Regarding seed lots, they must be harvested from the recognized cultivar source that has an effective recognition decision and the seed quality must satisfy national standard for seeds.

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3. Regarding cultivar lots, they must be produced from bottled tissue culture cultivars or propagating materials harvested from a recognized cultivar source that has an effective recognition decision and satisfy national standard for cultivars.

Article 15. Documents about major forest tree cultivar materials

1. Documents shall be composed of:

a) Documents about a seed lot include a packing list of seed materials, photocopy of the decision on seed source recognition; dispatch note and invoice specifying seed weight and number of the seed source;

b) Documents about bottled tissue culture cultivars include a packing list of cultivar materials, photocopy of the decision on cultivar recognition or cultivar sales contract; dispatch note and invoice specifying weight of bottled tissue culture cultivars and names and number of cultivars;

c) Documents about a cultivar lot include a packing list of cultivar materials and other relevant documents about origin of propagating materials used to produce cultivars (invoice, dispatch note and decision on cultivar source recognition).

2. Any producer or trader of forest tree cultivars shall make a packing list according to the Forms No. 07, 08 or 09 in the Appendix II hereof and be responsible to the lawsoft for the accuracy of origin of cultivar materials provided in the packing list.

Article 16. Publishing of standards for major forest tree cultivars

Producers and traders of major forest tree cultivars shall develop applicable standards, provided that they are not lower than the national standard.

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1. Producers and traders shall be responsible to the quantity and quality of their cultivar materials.

2. Producers and traders shall transfer documents concerning cultivar materials to customers upon dispatch and sale to serve the transport, circulation and use thereof.

3. Packing lists of cultivar materials and documentary evidences for origin of lawful cultivar materials must be retained by producers, traders and users of cultivars.

Chapter IV

IMPLEMENTATION

Article 18. Responsibility for implementation

1. The Vietnam Administration of Forestry shall:

a) Consolidate and publish lists of cultivars and cultivar sources that have been recognized or have their recognition decisions invalidated and producers and traders of forest tree cultivars its website;

b) Inspect, handle complaints and denunciations about and impose penalties for violations against regulations on the management of forest tree cultivar production and trading nationwide as prescribed by law.

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a) Provide guidelines for effective management, exploitation and use of recognized cultivar sources;

b) Provide instructions for application of standards for forest tree cultivars;

c) Regularly update and publish the list of cultivar sources that have been recognized or have their recognition decisions invalidated, forest tree cultivar producers and traders on their websites; notify the Vietnam Administration of Forestry of recognition or invalidation of decisions on recognition of cultivar sources after such decisions are promulgated;

d) Before December 31, submit to the Vietnam Administration of Forestry a report on forest tree cultivar production and trading within their provinces;

dd) Inspect, handle complaints and denunciations about and impose penalties for violations against regulations on the management of forest tree cultivar production and trading within their provinces as prescribed by law.

3. Organizations and individuals shall:

a) Comply with the requirements for ensuring quality of cultivars during their production and trading;

b) Facilitate the inspection and imposition of penalties by specialized authorities as prescribed by law.

Article 19. Transitional clause

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2. Where an application for recognition of forest tree cultivar or cultivar source has been submitted before the effective date of this Circular but the forest tree cultivar or cultivar source has not yet been recognized, such application shall be processed as prescribed in this Circular.

Article 20. Effect

1. This Circular comes into force from January 01, 2019.

2. The Circular No. 44/2015/TT-BNNPTNT dated November 23, 2015 of the Ministry of Agriculture and Rural Development and Decision No. 89/2005/QD-BNN dated December 29, 2005 of the Minister of Agriculture and Rural Development are null and void from the effective date of this Circular.

3. In the cases where any of the legislative documents and standards referred to in this Circular is amended or replaced, the newest one shall apply.

4. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Agriculture and Rural Development for consideration./.

PP. THE MINISTER
THE DEPUTY MINISTER




Ha Cong Tuan

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