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THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
15/2004/PL-UBTVQH
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Hanoi,
March 24, 2004
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ORDINANCE
ON PLANT VARIETIES
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National
Assembly, the 10th session;
Pursuant to Resolution No. 21/2003/QH11 of November 26, 2003 of the XIth
National Assembly, the 4th session, on the 2004 law- and
ordinance-making program;
This Ordinance provides for plant varieties.
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of regulation
This Ordinance provides for the
management and conservation of plant gene sources; the research into,
selection, creation, assay, expertise, test, recognition and protection of, new
plant varieties; the evaluation, selection and recognition of maternal plants,
initial plants, variety gardens, variety forests; the production and trading of
plant varieties; and the management of quality of plant varieties.
Article 2.-
Subjects of application
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Where international agreements
which the Socialist Republic of Vietnam has signed or acceded to contain
provisions different from those of this Ordinance, such international
agreements shall apply.
Article 3.-
Interpretation of terms
In this Ordinance, the following
terms are construed as follows:
1. A plant variety means a
grouping of plants which are uniform and of a certain economic value,
recognizable by the expression of the characteristics mandated by a genotype
and distinguishable from any other plant groupings through the expression of at
least one of the said characteristic, and heritable through repeated
propagation.
Plant varieties used in
agricultural production, forestry and aquaculture include seeds, tubers,
fruits, roots, trunks, branches, leaves, saplings, grafts, buds, flowers,
tissues, cells, spores, spawns, weeds, algae and microalgae.
2. A new plant variety means a
plant variety newly selected, created or imported for the first time, which is
distinct, uniform and stable but not yet on the list of plant varieties
permitted for production and trading.
3. A protected new plant variety
means a new plant variety which is granted the new plant variety protection
title.
4. Plant gene source means whole
living plants or living parts thereof carrying hereditary information, able to
create, or take part in creating, new plant varieties.
5. Assay of a new plant variety
means the process of monitoring and assessing under given conditions and for a
given period in order to determine the distinctness, uniformity, stability, the
value of cultivation and use of a plant variety.
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7. Expertise of a plant variety
means the process of examining the quality of the plant variety batch under
production right on fields or gardens in order to identify the variety
properness, hereditary purity and the level of mixture with another variety or
plant species.
8. Test of a plant variety means
the process of analyzing the quality criteria of the variety samples in
laboratories.
9. Pure seeds means seeds which
retain stable hereditary characteristics through repeated propagation.
10. Authored seeds mean pure
seeds selected and created by an author.
11. Super-prototypal seeds mean
seeds propagated from authored seeds or restored from seeds which are produced
according to the super-prototypal seed-restoring process and satisfy the
prescribed quality standards.
12. Prototypal seeds mean seeds
propagated from super-prototypal seeds and satisfying the prescribed quality
standards.
13. Certified seeds mean seeds
propagated from prototypal seeds and satisfying the prescribed quality
standards.
14. Restoration of
super-prototypal seeds means the process of selecting individuals, propagating
and selecting the typical lines of a variety, ensuring its hereditary purity
satisfying the standards of super-prototypal seeds.
15. Maternal plants means the
best forest plants selected from natural forests, planted forests, variety
forests or variety gardens for propagation.
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17. Gardens of initial plants of
perennial industrial plants, fruit trees, forest plants mean gardens
vegetatively propagated from initial plants in service of variety production.
18. Gardens of forest plant
varieties mean variety gardens planted according to a given plan with vegetative
lines or nursed from seeds of the selected and recognized maternal plants.
19. Variety forests mean forests
of variety plants propagated from maternal plants and grown not according to a
given plan or transformed from natural forests or planted forests already
evaluated, selected and recognized.
20. Varieties of genetically
modified plants mean plant varieties bearing a new combination of genomes (ADN)
obtained through the use of modern biological technologies.
21. Major plant varieties mean
varieties of plant species commonly planted in big quantities and of a high
economic value, which need to be strictly managed.
22. Counterfeit varieties mean
varieties not true to the variety names, origins and grades inscribed on their
labels; with their labels being identical or similar to those of other
law-protected plant varieties, thereby causing confusion.
23. Propagating materials mean
whole plants, weeds, algae, micro-algae or parts thereof such as seeds, tubers,
fruits, roots, trunks, branches, leaves, saplings, grafts, buds, flowers,
tissues, cells, spores, spawns, to be used for production of new plants.
24. Commercial novelty of plant
varieties is understood as that such plant varieties have not yet been traded
in the Vietnamese territory for one year, outside the Vietnamese territory for
six years, for groups of timber trees and grapes, or for four years, for other
plants, before the date of submission of protection registration applications.
25. Duplicates of new
plant-variety protection titles mean second copies granted to the owners of new
plant varieties in cases where the titles of protection of new plant varieties
are lost for plausible reasons. Duplicates have the same contents and validity
as the granted new plant variety protection titles.
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1. The formulation of plant
variety development strategies, plannings and plans must be in line with the
overall socio-economic development plannings of the whole country and each
locality.
2. The State protects the
ownership and copyright over new plant varieties, promotes the autonomy and
equality rights, protects the legitimate rights and interests of organizations
and individuals engaged in plant variety-related activities.
3. To strictly manage the
production and trading of major plant varieties.
4. To vigorously step up the
socialization of plant variety-related activities; ensure sufficient
good-quality varieties to meet the production development demands; ensure human
health and protect the environment and the eco-system.
5. To apply scientific and
technological advances to the research into, selection, creation, production
and preservation of plant varieties; to combine modern technologies with
people’s experiences.
6. To conserve and rationally
exploit plant gene sources; ensure bio-diversity; harmoniously combine
short-term with long-term benefits, ensure common interests of the entire
society.
Article 5.-
The State’s policies towards plant varieties
1. To ensure the development of
plant varieties along the direction of industrialization and modernization on
the basis of the plant variety development strategies, plannings and plans.
2. To prioritize investment in
the following activities:
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b/ Conserving maternal plants,
initial plants, variety gardens and variety forests;
c/ Investigating, collecting and
conserving gene sources of precious and rare plants.
3. To encourage and support
organizations and individuals engaged in agricultural production, forestry or
aquaculture to use new plant varieties of high yield, good quality and
resistance to pests and unfavorable production conditions, and satisfying
market demands.
4. To encourage and create conditions
for organizations and individuals to invest in collecting and conserving gene
sources, researching into, selecting, creating, assaying, expertising, testing,
producing, and trading in, plant varieties.
5. To encourage agricultural
forestry and fishery promotion activities in order to quickly transfer plant
variety-related technical and technological advances; to link research to
production.
6. To support investment in
material foundations and techniques in service of propagation and preservation
of super-prototypal varieties, prototypal varieties, maternal plants, initial
plants, forest plant variety gardens and variety forests.
Article 6.-
Genetically modified plant varieties
The research into, selection,
creation, experimentation, production, trading, use, international exchange of,
and other activities related to, genetically modified plant varieties shall
comply with the Government's regulations.
Article 7.-
Responsibilities for State management over plant varieties
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2. The Ministry of Agriculture
and Rural Development has the responsibility to perform the State management
over agricultural and forest plant varieties nationwide.
The Ministry of Fisheries has the
responsibility to perform the State management over aquatic plant varieties
nationwide.
3. The ministries and
ministerial-level agencies, within the scope of their tasks and powers, have
the responsibility to coordinate with the Ministry of Agriculture and Rural
Development or the Ministry of Fisheries in performing the State management
over plant varieties.
4. The People's Committees at
all levels have the responsibility to organize the performance of the State
management over plant varieties in their localities.
Article 8.-
Commendation
1. Organizations and individuals
that record achievements in plant variety-related activities or record merits
in detecting or stopping acts of violation of the law provisions on plant
varieties shall be commended and/or rewarded according to the law provisions on
emulation and commendation.
2. The State shall honor
organizations and individuals that record outstanding achievements in the
selection or creation of new plant varieties.
Article 9.-
Prohibited acts
1. Trading in counterfeit
varieties or plant varieties not up to the quality standards.
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3. Destroying or
misappropriating plant gene sources, illegally exporting gene sources of
precious and rare plants.
4. Experimenting pests in areas
under production of plant varieties.
5. Obstructing lawful activities
of researching into, selecting, creating, assaying, expertising, testing,
producing, or trading in, plant varieties.
6. Importing gene sources,
producing, trading in, plant varieties which cause harms to production, human
health, the environment and ecosystem.
7. Publicizing untrue quality
standards of, misleading advertisements for, or false information on, plant
varieties.
8. Infringing upon the rights
and legitimate interests of plant variety authors or owners of new plant
variety protection titles.
9. Other acts as provided for by
law.
Chapter II
MANAGEMENT AND
CONSERVATION OF PLANT GENE SOURCES
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1. Plant gene sources constitute
a national asset uniformly managed by the State.
2. Where there are demands for
exploiting or using of the plant gene sources in the State’s conservation
zones, the permission of the Ministry of Agriculture and Rural Development or
the Ministry of Fisheries must be obtained.
3. Organizations, individuals
shall have to participate in managing plant gene sources in localities.
Article
11.- Contents of conservation of plant gene sources
1. Investigating, collecting
gene sources suitable to the nature and characteristics of each plant species.
2. Conserving for a long time
and safely gene sources already determined to be suitable to the specific
biological characteristics of each plant species.
3. Evaluating gene sources
according to biological criteria and use value.
4. Building databases and system
of information on plant gene sources.
Article
12.- Collection and conservation of precious and rare plant gene sources
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2. Organizations, individuals
shall have to conserve the gene sources of precious and rare plants according
to the provisions of this Ordinance and other relevant law provisions.
3. The Ministry of Agriculture
and Rural Development, the Ministry of Fisheries shall periodically announce
the lists of the gene sources of precious and rare plants to be protected.
Article
13.- Exchange of gene sources of precious and rare plants
1. Organizations, individuals
may exchange gene sources of precious and rare plants in service of research
into, selection, creation, production or trading of, new plant varieties
according to the regulations of the Ministry of Agriculture and Rural
Development or the Ministry of Fisheries.
2. The international exchange of
gene sources of precious and rare plants must be permitted by the Minister of
Agriculture and Rural Development or the Minister of Fisheries.
Chapter III
RESEARCH INTO,
SELECTION, CREATION, ASSAY, RECOGNITION OF, NEW PLANT VARIETIES, EVALUATION,
SELECTION AND RECOGNITION OF MATERNAL PLANTS, INITIAL PLANTS, FOREST PLANT
VARIETY GARDENS, VARIETY FORESTS
Article
14.- Research into, selection, creation of new plant varieties
1. Vietnamese organizations and
individuals, foreign organizations and individuals may research into, select
and create new plant varieties in the Vietnamese territory.
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2. The Ministry of Agriculture
and Rural Development, the Ministry of Fisheries shall identify the scientific
and technological tasks relating to research into, selection, creation of, new
plant varieties, which meet the requirements of each period in order to raise
the productivity, quality and competitiveness of farm, forest and aquatic
goods.
Article
15.- Assay of new plant varieties
1. New plant varieties which are
selected, created or imported but not yet named in the list of plant varieties
permitted for production and trading shall be put on this list only after they
have been assayed and recognized.
2. Assay of new plant varieties
may take the following forms:
a/ National assay of new
varieties of plants on the list of major plant varieties which have been
selected and created in Vietnam and of imported varieties not yet on the list
of plant varieties permitted for production and trading.
b/ Assay by authors themselves
who bear responsibility for the results of assaying other plant varieties.
3. An assay covers the following
contents:
a/ Assay of distinctness,
uniformity and stability (DUS assay);
b/ Assay of the value of
cultivation and use (VCU assay).
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a/ Organizations, individuals
wishing to have new plant varieties assayed shall submit assay registration
dossiers to the assaying establishments accredited by the Ministry of
Agriculture and Rural Development or the Ministry of Fisheries.
An assay registration dossier
consists of an assay registration application and the plant variety dossier
clearly stating the name of the plant variety, its origin, quantity,
techno-economic norms and cultivation process and techniques;
b/ Organizations, individuals
wishing to have new plant varieties assayed shall sign contracts with the
accredited assay establishments as prescribed in Clause 1, Article 16 of this
Ordinance.
5. Where authors conduct assays
by themselves, they must observe the assay regulations promulgated by the
Ministry of Agriculture and Rural Development, the Ministry of Fisheries or
sign contracts with the accredited assay establishments as prescribed in Clause
1, Article 16 of this Ordinance.
6. Organizations, individuals
being owners of new plant varieties registered for assay must bear all assay
costs.
7. The Ministry of Agriculture
and Rural Development and the Ministry of Fisheries shall issue lists of major
plant varieties and lists of plant varieties permitted for production and
trading.
Article
16.- New plant variety-assaying establishments
1. To be accredited by the
Ministry of Agriculture and Rural Development or the Ministry of Fisheries, new
plant variety-assaying establishments must fully satisfy the following
conditions:
a/ Having registered plant
variety-assaying activities;
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c/ Possessing specialized
equipment and facilities satisfying the assay requirements for each plant
species;
d/ Having standard varieties of
plant varieties of the same species for use as control varieties in DUS assays.
e/ Employing or hiring
technicians who have been trained in plant variety assay;
2. New plant variety-assaying
establishments must observe the assay regulations for each plant species, which
are promulgated by the Ministry of Agriculture and Rural Development or the
Ministry of Fisheries, and take responsibility for the obtained assay results.
Article
17.- Naming of new plant varieties
1. Each new plant variety shall
have only one appropriate name. After being recognized, such name shall become
the sole official name to be used in activities related to such plant variety.
2. The name of a variety must be
easily distinguishable from the names of other plant varieties of the same
species.
3. The following naming cases
shall not be accepted:
a/ Consisting of numerals only;
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c/ Easily causing
misunderstanding with the properties, characteristics of the plant variety
concerned;
d/ Being identical or similar to
the protected trademarks or goods origin appellations of the products or to the
harvested products of the plant variety concerned.
Article
18.- Recognition of new plant varieties
1. New plant varieties used in
agriculture and/or forestry shall be recognized if they meet the following
requirements:
a/ Having the assay results of
the new plant variety-assaying establishments;
b/ Having their trial production
results, which have been accepted for mass production by the
provincial/municipal Agriculture and Rural Development Services of the
localities of trial production;
c/ Having appropriate names as
prescribed in Article 17 of this Ordinance;
d/ Having their assay results
and trial production results already evaluated and proposed for recognition by
the specialized scientific council set up by the Minister of Agriculture and
Rural Development.
2. New plant varieties used in
the fisheries domain shall be recognized if they meet the following
requirements:
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b/ Having appropriate names as
prescribed in Article 17 of this Ordinance;
c/ Having their assay results
already evaluated and proposed for recognition by the specialized scientific
council set up by the Minister of Fisheries.
3. Based on the proposals of the
specialized scientific council, the Minister of Agriculture and Rural
Development or the Minister of Fisheries shall consider and decide to recognize
new plant varieties.
New plant varieties may be
proposed for exceptional recognition without having to go through trial
production if their assay results show that they are particularly outstanding.
4. New plant varieties, after
being recognized, shall be put on the list of plant varieties permitted for
production and trading.
Article
19.- Evaluation, selection, recognition of maternal plants, initial plants,
forest plant variety gardens, variety forests
1. The recognition of maternal
plants, initial plants, forest plant variety gardens, variety forests shall be
effected through evaluation and selection.
2. The Ministry of Agriculture
and Rural Develop-ment shall organize the evaluation, selection and recognition
of forest plant variety gardens.
3. The provincial Agriculture
and Rural Development Services shall organize the evaluation, selection and
recognition of maternal plants, initial plants and variety forests within their
provinces; oversee, evaluate and guide the use and rational exploitation of the
recognized maternal plants, initial plants, forest plant variety gardens and
variety forests.
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Chapter IV
PROTECTION OF NEW PLANT
VARIETIES
Article
20.- Principles of protection of new plant varieties
1. The State protects the
ownership, copyright over new plant varieties in the form of granting new plant
variety protection titles.
2. The Ministry of Agriculture
and Rural Development is the agency performing the State management over the
protection of new plant varieties nationwide.
3. The protection of new plant
varieties must comply with the provisions of this Ordinance, the legislation on
intellectual property and other relevant law provisions.
Article
21.- Conditions for new plant varieties to be protected
1. Being on the list of
State-protected plant varieties, promulgated by the Ministry of Agriculture and
Rural Development.
2. Being distinct, uniform and
stable.
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4. Having appropriate names as
prescribed in Article 17 of this Ordinance.
Article
22.- Subjects entitled to apply for new plant variety protection titles
1. Organizations that select,
create new plant varieties with the State budget capital or with capital of
other sources.
2. Individuals who select,
create new plant varieties with their own efforts and/or capital or with
capital of other sources.
3. Contract owners that hire
organizations, individuals to select, create new plant varieties, unless
otherwise agreed upon in the contracts.
4. Organizations or individuals
that have sufficient grounds to prove that they are the first to select, create
the new plant varieties in cases where many organizations or individuals submit
dossiers on the same day for the same new plant varieties; where it is
impossible to determine the organization or individual that is the first to
select, create such new plant variety, the involved parties may reach agreement
on jointly submitting the dossier or on one party submitting the dossier, if
they cannot reach such agreement, the New Plant Variety Protection Office shall
be entitled to reject their dossiers.
5. Organizations, individuals
being the first to submit dossiers in cases where many organi-zations or
individuals apply for new plant variety protection titles to the same new plant
varieties.
Article
23.- Dossiers of application for new plant variety protection titles
1. To apply for new plant
variety protection titles, organizations and individuals must directly submit,
or authorize organizations or individuals to act as their representatives to
submit, dossiers to the New Plant Variety Protection Office.
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a/ The application for a new
plant variety protection title;
b/ A written description of the
plant variety, made according to a set form, together with photos.
Dossiers must be made in
Vietnamese. Where foreign organizations or individuals apply for new plant
variety protection titles, they must submit the Vietnamese-language dossiers
together with the English-language dossiers.
3. Where a dossier of
application for a new plant variety protection title complies with the provisions
of Clause 2 of this Article, the New Plant Variety Protection Office must give
certification of the date of submission of the dossier, clearly writing the
dossier’s serial number.
Article
24.- Order and procedures for granting new plant variety protection titles
1. The New Plant Variety
Protection Office shall evaluate the dossiers, organize the evaluation of the
new plant varieties applied for protection titles according to the provisions
of Articles 25 and 26 of this Ordinance, and propose the Minister of
Agriculture and Rural Development to grant new plant variety protection titles.
2. The Minister of Agriculture
and Rural Development shall consider and decide to grant new plant variety
protection titles when such new plant varieties fully satisfy the conditions
specified in Articles 21, 22, 23, 25 and 26 of this Ordinance.
At the requests of the owners of
new plant variety protection titles, the Minister of Agriculture and Rural
Development shall consider and grant duplicates of their new plant variety
protection titles.
Article
25.- Evaluation of dossiers of application for new plant variety protection
titles
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2. The New Plant Variety
Protection Office must complete the evaluation of dossiers within ninety days
as from the date the valid dossiers of application for new plant variety
protection titles are submitted.
The evaluation of a dossier
covers:
a/ Determining the eligibility
of the dossier submitter;
b/ Determining the compatibility
of the new plant variety with the list of State-protected plant varieties as
prescribed in Clause 1, Article 21 of this Ordinance;
c/ Determining the compliance of
the new plant variety to be protected in Vietnam with international agreements
which Vietnam has signed or acceded to;
d/ Determining the compliance of
the new plant variety with the law provisions on protection of State secrets;
e/ Determining the commercial
novelty of the plant variety;
f/ Determining the
appropriateness of the plant variety's name as prescribed in Article 17 of this
Ordinance.
3. In the course of evaluating
the dossiers, the New Plant Variety Protection Office may request the dossier
submitters to correct mistakes; if the dossiers are not corrected, the New
Plant Variety Protection Office may reject them.
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Article
26.- Assay, evaluation of new plant varieties applied for new plant variety
protection titles
1. Within fifteen days as from
the date of receiving the New Plant Variety Protection Office's notices on its
acceptance of the valid dossiers, the submitters of the dossiers of application
for new plant variety protection titles must submit the variety samples to the
new plant variety-assaying establishments.
2. The new plant
variety-assaying establish-ments must assay the distinctness, uniformity and
stability (DUS) of the new plant varieties according to the assay regulations
on each plant species, promulgated by the Ministry of Agriculture and Rural
Development.
3. The New Plant Variety
Protection Office shall evaluate the DUS assay results of the new plant
variety-assaying establishments.
4. After receiving the assay results,
the New Plant Variety Protection Office shall have the following
responsibilities:
a/ To notify its intention to
grant new plant variety protection titles in a specialized journal for three
successive issues;
b/ Within thirty days as from
the date the notice on its intention to grant new plant variety protection
titles is published for the last time in the specialized journal, if there is
no written protest, to carry out the procedures to propose the Minister of
Agriculture and Rural Development to grant new plant variety protection titles.
Where there is a protest, within thirty days as from the date of receiving the
protest, the New Plant Variety Protection Office must look into it and make
conclusions thereon;
c/ In cases of refusing to grant
new plant variety protection titles, to notify such and clearly state the
reasons therefor to the dossier submitters; and at the same time notify its
refusal in the specialized journal for three successive issues.
5. Within thirty days as from
the date of receiving the notices stated at Point b, Point c, Clause 4 of this
Article, the dossier submitters may send written complaints to the Minister of
Agriculture and Rural Development about not being granted the new plant variety
protection titles.
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Article
27.- Rights of owners of new plant variety protection titles
1. To allow or disallow the use
of propagating materials of the protected plant varieties, the products
harvested from the cultivation of propagating materials of the protected plant
varieties in the following activities:
a/ Variety production or
propagation;
b/ Variety processing;
c/ Sale offer;
d/ Sale or other forms of
exchange;
e/ Export;
f/ Import;
g/ Storing for the purposes of carrying
out the activities stated at Points a, b, c, d and e of this Clause.
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3. Apart from the rights defined
in Clause 1 and Clause 2 of this Article, the owners of new plant variety
protection titles shall also enjoy benefits in the following cases:
a/ Plant varieties created by
anyone from their protected varieties provided that their protected varieties
are not created from other protected plant varieties;
b/ Plant varieties created by
anyone, which are not clearly distinct from their protected plant varieties;
c/ Plant varieties created by
anyone, the production of which requires the use of propagating materials of
their protected plant varieties;
d/ Using the propagating
materials of their protected varieties for producing varieties for commercial
purposes in other countries where such plant varieties are not yet protected.
4. To exploit by themselves or
transfer under contracts the right to exploit new plant varieties to other
organizations and individuals. Contracts on transfer of the right to exploit
new plant varieties must be made in writing and registered at the New Plant
Variety Protection Office.
5. To bequeath or transfer the
right to own new plant variety protection titles according to law provisions in
cases where they are concurrently authors; to transfer the right to own new
plant variety protection titles in cases where they are not concurrently
authors.
Article
28.- Restriction of the rights of owners of new plant variety protection
titles
1. The owners of new plant
variety protection titles may exercise the right to commercially exploit the
new plant varieties when such plant varieties are on the list of plant
varieties permitted for production and trading.
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Organizations, individuals being
transferees of the right to exploit new plant varieties must pay royalties as
contracted to the owners of new plant variety protection titles.
Article
29.- Cases where royalties are not required to be paid to owners of new
plant variety protection titles
1. Organizations, individuals
using the protected plant varieties shall not have to pay royalties to the
owners of new plant variety protection titles in the following cases:
a/ Using them for hybridization
to create new plant varieties or for scientific research;
b/ Using for personal needs for
non-commercial purposes;
c/ The new plant varieties or
propagating materials thereof have been sold on the market by the owners of new
plant variety protection titles.
2. Households, individuals using
the propagating materials of the protected plant varieties for propagation for
subsequent crops in the land or water surface areas under their use right.
Article
30.- Obligations of owners of new plant variety protection titles
1. To preserve directly or
through other authorized persons, the propagating materials of the protected
varieties and supply such propagating materials at the request of competent
State bodies.
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3. To pay remunerations to the
authors in cases where the authors are not also owners, unless otherwise agreed
upon by the owners and authors. Where the owners of new plant variety
protection titles are foreign organizations or individuals having registered
for protection in Vietnam, the payment of remunerations to authors shall comply
with the laws of the countries of such foreign organizations or individuals.
Article
31.- Rights and obligations of authors of new plant varieties
1. The authors of new plant varieties
who are also owners of the protection titles of such new plant varieties shall
have the following rights and obligations:
a/ To have their names inscribed
in the new plant variety protection titles;
b/ To enjoy the rights of new
plant variety protection title owners as prescribed in Article 27 of this
Ordinance;
c/ To fulfill the obligations of
new plant variety protection title owners as prescribed in Clause 1 and Clause
2, Article 30 of this Ordinance.
2. The authors of new plant
varieties, who are not concurrently owners of the protection titles of such new
plant varieties, shall have the following rights and obligations:
a/ To have their names inscribed
in the new plant variety protection titles;
b/ To receive remunerations paid
by the owners of the new plant variety protection titles as prescribed in
Clause 3, Article 30 of this Ordinance;
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d/ To assist the owners of new
plant variety protection titles in performing the obligation of preserving the
propagating materials of the protected new plant varieties.
Article
32.- Priority right to determine the date of submission of valid dossiers
1. If the owners of new plant
varieties, that have submitted dossiers of registration for protection of such
new plant varieties in the countries which have, together with Vietnam, signed
or acceded to the international agreements on protection of new plant
varieties, submit, within twelve months as from the date of submission of
dossiers in the foreign countries, dossiers of registration for protection of
such plant varieties in Vietnam, they shall enjoy the priority right to
determine the date of submission of valid dossiers.
The date of submission for the
first valid dossiers in foreign countries is accepted as the date of submission
of valid dossiers in Vietnam.
2. Within ninety days as from
the date of submission of dossiers in Vietnam, the owners of new plant
varieties must submit the copies of the first dossiers of registration for
protection in foreign countries, with the certification of the
dossier-receiving agencies, and the samples of the plant varieties as evidences
to prove that the new plant varieties in the two dossiers are the same. The
dossiers of registration for protection of new plant varieties in Vietnam must
contain the request to enjoy the priority right to determine the date of
submission of valid dossiers.
Article
33.- Duration of protection of new plant varieties
1. The duration of protection of
new plant varieties is twenty years for timber trees and twenty five years for
grapes.
2. Protection shall start from
the date the dossiers of application for new plant variety protection titles
are accepted as being valid by the New Plant Variety Protection Office.
Article
34.- Suspension of new plant variety protection titles
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2. New plant variety protection
titles shall be suspended in one of the following cases:
a/ The plant varieties no longer
satisfy the uniformity and stability standards as when being granted the
protection titles;
b/ The owners of new plant
varieties fail to supply documents and propagating materials necessary for the
preservation and storage of such new plant varieties at the requests of
competent State bodies;
c/ Past three months counting
from the prescribed date of subsequent payment of fees, the owners of new plant
variety protection titles fail to pay fees for maintaining the validity of
their new plant variety protection titles.
3. In the duration when their
new plant variety protection titles are suspended, the owners of new plant
varieties shall not have the rights prescribed in Article 27 and Clause 1, Article
28, of this Ordinance.
4. The new plant variety
protection titles shall be considered for validity resumption when their owners
remedy the causes of suspension prescribed in this Article.
Article
35.- Cancellation of new plant variety protection titles
1. The Minister of Agriculture
and Rural Develop-ment may cancel new plant variety protection titles.
2. New plant variety protection
titles shall be cancelled in one of the following cases:
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b/ There are evidences to prove
that the owners of new plant variety protection titles are not eligible for
being granted the new plant variety protection titles as prescribed by law;
c/ The plant varieties are not commercially
novel, not distinct as determined at the time of being granted the new plant
variety protection titles.
Chapter V
PRODUCTION, TRADING OF
PLANT VARIETIES
Article
36.- Conditions for production, trading of major plant varieties
1. In order to produce major
plant varieties for commercial purposes, organizations and individuals must
fully satisfy the following conditions:
a/ Having the certificates of
registration for plant variety business;
b/ Having locations for
production of plant varieties, which are in line with the planning of the
agriculture service or the fisheries service and suitable to the production
requirements of each variety, each variety grade; ensure the environmental
standards according to the law provisions on environmental protection, plant
protection and quarantine, and fisheries;
c/ Having material foundations
and technical equipment suitable to the production process and techniques of
each variety, each variety grade, promulgated by the Ministry of Agriculture
and Rural Development, the Ministry of Fisheries;
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2. In order to trade in major
plant varieties, organizations and individuals must fully satisfy the following
conditions:
a/ Having the certificates of
registration for trading of commodities including plant varieties;
b/ Having business locations,
material and technical foundations suitable to the trading of each variety,
each variety grade;
c/ Having technicians who are
capable of identifying the traded varieties and firmly grasp the plant
variety-preserving techniques;
d/ Having or hiring staff and
equipment for testing the quality of the traded varieties.
3. Households and individuals
producing and/or trading in major plant varieties, which are not required to
make business registration, shall not have to comply with the provisions of
Clause 1 and Clause 2 of this Article but they must ensure the plant variety
quality and environmental sanitation standards according to the law provisions
on plant protection and quarantine, environmental protection and fisheries.
Article
37.- Production of pure seeds
1. Pure seeds of major
agricultural plants shall be produced in four grades: The grade of authored
seeds, the grade of super-prototypal seeds, the grade of prototypal seeds, and
the grade of certified seeds. Seeds of a lower grade are propagated from seeds
of a higher grade according to the process of production of seeds of each
grade, promulgated by the Ministry of Agriculture and Rural Development.
Where there exist no authored
seeds for propagation of super-prototypal seeds, the production of
super-prototypal seeds shall comply with the process of restoring
super-prototypal seeds.
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Article
38.- Production of perennial industrial plants and fruit trees, forest
trees, ornamental plants and other plants
1. Organizations and individuals
producing perennial industrial plants and fruit trees, forest trees by the
vegetative propagation method must propagate varieties from initial plants or
from gardens of initial plants.
2. Organizations and individuals
sowing and nursing forest trees must use seeds from maternal plants, variety
gardens or variety forests, which have been evaluated, selected and recognized.
3. Organizations and individuals
producing short-term industrial plants, fruit trees, ornamental plants and other
plants by the vegetative propagation method must follow the process promulgated
by the Ministry of Agriculture and Rural Development or the Ministry of
Fisheries.
Article
39.- Labels of plant varieties
1. For plant varieties put up in
packings for trading, their packings must have labels containing the following
details:
a/ The name of the plant
variety;
b/ The name and address of the
producing and/or trading establishment responsible for the plant variety;
c/ The quantification of the
plant variety;
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e/ The date of manufacture; the
expiry date;
f/ Preservation and use
instructions;
g/ The country of manufacture,
for imported plant varieties.
2. For plant varieties not put
up in packings or with their labels not fully inscribed with the details
prescribed in Clause 1 of this Article, all of these details must be printed on
paper sheets accompanying the plant varieties when sold out.
Article
40.- Export of plant varieties
1. Organizations and individuals
may export plant varieties not on the lists of plant varieties banned from
export, promulgated by the Ministry of Agriculture and Rural Development or the
Ministry of Fisheries.
2. If organizations, individuals
need to exchange with foreign countries plant varieties on the lists of plant
varieties banned from export for scientific research or other special purposes,
they must obtain the permission of the Minister of Agriculture and Rural
Development or the Minister of Fisheries.
Article
41.- Import of plant varieties
1. Organizations and individuals
may import plant varieties on the lists of plant varieties permitted for
production and trading.
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Chapter VI
MANAGEMENT OF THE
QUALITY OF PLANT VARIETIES
Article 42.-
Principles of management of the quality of plant varieties
Organizations and individuals
producing and/or trading in plant varieties must bear responsibility for the
quality of the plant varieties they produce and/or trade in through publicizing
the quality standards and the conformity of the quality of plant varieties with
the standards.
Article
43.- Quality standards of plant varieties
1. The system of quality
standards of plant varieties consists of:
a/ Vietnamese standards;
b/ Branch standards;
c/ The unit's standards;
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2. The competence to promulgate
the lists of plant varieties subject to the application of standards is
prescribed as follows:
a/ The Ministry of Science and
Technology promulgate the list of plant varieties subject to the application of
Vietnamese standards;
b/ The Ministry of Agriculture
and Rural Development, the Ministry of Fisheries promulgate the lists of plant
varieties subject to the application of branch standards.
Article
44.- Publicization of quality standards of plant varieties
1. Organizations and individuals
producing and/or trading in plant varieties on the lists stated at Point a,
Point b, Clause 2, Article 43 of this Ordinance must publicize the quality
standards of the plant varieties which they produce and/or trade in; the
publicized standards must not be lower than the standards prescribed at Point
a, Point b, Clause 1, Article 43 of this Ordinance.
2. The State encourages
organizations and individuals to voluntarily publicize the quality standards of
plant varieties which are not on the lists stated at Point a, Point b, Clause
2, Article 43 of this Ordinance.
3. The order and procedures for publicizing
the quality standards of plant varieties shall comply with the law provisions
on goods quality.
Article
45.- Publicization of the quality standard conformity of plant varieties
1. Organizations and individuals
producing
and/or trading in plant varieties, when publicizing the quality standard
conformity, must base themselves on the following grounds:
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b/ The results of evaluation by
the organizations, individuals themselves or the results of evaluation by the
expertising, testing establishments, for plant varieties not on the list of
plant varieties subject to quality standard conformity certification prescribed
in Clause 2, Clause 3 of this Article.
2. The Ministry of Science and
Technology shall promulgate the list of plant varieties subject to
certification of quality conformity with Vietnamese standards.
3. The Ministry of Agriculture
and Rural Development, the Ministry of Fisheries shall promulgate the lists of
plant varieties subject to certification of quality conformity with branch
standards.
4. The order and procedures for
publicizing the quality standard conformity of plant varieties shall comply
with the law provisions on goods quality.
Article
46.- Expertising, testing of the quality of plant varieties
1. The expertising, testing of
the quality of plant varieties shall be conducted by the establishments
providing expertising, testing services.
2. The establishments providing
plant variety quality-expertising, -testing services must fully satisfy the
following conditions:
a/ Having adequately equipped
expertising laboratories satisfying the plant variety-expertising, -testing
requirements;
b/ Having equipment and
facilities for controlling environmental conditions satisfying the plant
variety-expertising, -testing requirements;
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3. The establishments providing
plant variety quality-expertising, -testing services must bear responsibility
for the results of expertise, tests conducted by themselves.
4. The expenses for expertising,
testing shall be paid by the expertise-, testing-requesting organizations,
individuals.
5. The Ministry of Agriculture
and Rural Development, the Ministry of Fisheries shall recognize and manage the
establishments providing plant variety quality-expertising, -testing services.
Article
47.- Quarantine of plant varieties
Organizations and individuals
selecting, creating, producing, trading in, and using plant varieties must
comply with the law provisions on plant protection and quarantine.
Chapter VII
INSPECTION AND
SETTLEMENT OF DISPUTES
Article
48.- Plant variety inspectorate
The plant variety inspectorate
is a specialized inspectorate.
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Article
49.- Settlement of disputes over copyright of plant varieties, protection
of new plant varieties
Disputes over copyright of plant
varieties, protection of new plant varieties shall be settled by People's
Courts according to law provisions.
Chapter
VIII
IMPLEMENTATION PROVISIONS
Article
50.- Implementation effect
This Ordinance takes effect as
from July 1, 2004.
Article
51.- Implementation guidance
The Government shall detail and guide
the implementation of this Ordinance.
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ON BEHALF OF THE
NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nguyen Van An