Laws of Vietnam

Article 1.- To promulgate together with this Decision the Regulation on management of production, trading and use of rice varieties of super-prototypal, prototypal and certified grades and F1 hybrid seeds.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO."

Article 3.- The directors of the Ministry Office, the Cultivation Department, the Science and Technology Department and provincial/municipal Agriculture and Rural Development Services, heads of concerned units and organizations and concerned individuals shall have to implement this Decision.

For the Minister of
Agriculture and Rural Development
Vice Minister
BUI BA BONG

Article 1.- Governing scope and application subjects

1. Governing scope

This Regulation provides for the management of production, trading and use of rice varieties of super-prototypal, prototypal and certified grades and F1 hybrid seeds (hereinafter referred collectively to as rice varieties).

2. Application subjects

Vietnamese as well as foreign organizations and individuals that are engaged in rice variety production, trading and use in Vietnam.

Article 2.- Interpretation of terms

1. Authored seeds mean pure seeds selected and created by an author.

2. Super-prototypal rice seeds mean rice seeds propagated from authored seeds or restored from seeds produced according to the super-prototypal seed-restoring process and satisfying the prescribed quality standards.

3. Prototypal rice seeds mean rice seeds propagated from super-prototypal seeds and satisfying the prescribed quality standards.

4. Certified rice seeds mean rice seeds propagated from prototypal seeds and satisfying the prescribed quality standards.

5. F1 hybrid rice seeds are rice seeds generated by crossing a male parent line (a fertility restoring line) and a male-sterility line (CMS, EGMS). The cultivation of F1 hybrid seeds shall create a homogenous population with hybrid vigor.

6. Plant variety quality-certifying organizations are units meeting all conditions on material foundations and personnel and having plant variety testing laboratories accredited by competent agencies.

Article 3.- Conditions for rice variety production and trading

Organizations and individuals that produce and/or trade in rice varieties shall satisfy the following conditions:

1. For certified seeds:

a/ Having the certificate of plant variety business registration;

b/ Having locations for production and business meeting the requirements of producing and/or trading in certified rice seeds.

c/ Having suitable material foundations and technical equipment in service of production, processing and preservation processes.

d/ Having or hiring technicians who have an intermediate or higher degree in cultivation or plant protection or have a certificate of training in rice seed production techniques.

e/ Producing rice varieties which are on the list of plant varieties permitted for production and trading.

f/ Observing the process of producing certified rice seeds, promulgated by the Ministry of Agriculture and Rural Development.

2. For super-prototypal and prototypal seeds and F1 hybrid seeds, apart from the conditions specified in Clause 1 of this Article, the following requirements shall be satisfied:

a/ Having registered for certification of plant variety-quality standard conformity at a plant variety quality-certifying organization before producing seeds.

b/ Technicians mentioned at Point d, Clause 1 of this Article shall have a university or higher degree in cultivation or plant protection.

c/ Observing the process of producing super-prototypal and prototypal rice seeds, promulgated by the Ministry of Agriculture and Rural Development, strictly complying with the following:

- If the initial materials are authored seeds or super-prototypal seeds, super-prototypal seeds and prototypal seeds can be produced only after two and three crops, respectively.

- If the initial materials are seeds yet conforming to the quality standards set for super-prototypal seeds, super-prototypal seeds and prototypal seeds can be produced only after three and four crops, respectively.

d/ The production of super-prototypal seeds by the method of monoclonal selection and propagation is strictly prohibited.

Article 4.- Expertise, test and certification of the quality of rice varieties

1. Rice seeds shall have their quality expertised and tested.

2. Super-prototypal and prototypal rice seeds and F1 hybrid seeds shall have their quality expertised, tested and certified as being conformable with standards.

3. Organizations and individuals wishing to produce rice seeds of grades stated in Clause 2 of this Article shall register for certification of quality standard conformity before commencing production.

4. The field inspection, sampling, test and certification of the quality of rice seeds of grades stated in Clause 2 of this Article shall comply with the Regulation on certification of quality standard conformity of plant varieties, promulgated by the Ministry of Agriculture and Rural Development.

5. People who expertise and sample rice varieties shall have an expert's or sample taker's certificate, which is granted by the director of the Cultivation Department.

Article 5.- Post-inspection of super-prototypal seeds and F1 hybrid seeds

Super-prototypal rice seeds and F1 hybrid seeds, after harvest, shall be subject to post-inspection according to the process promulgated by the Ministry of Agriculture and Rural Development. Post-inspection-conducting units are defined in Clause 2, Article 7 of this Regulation.

Article 6.- Use of rice seeds

1. Super-prototypal rice seeds shall be used only for production of prototypal seeds.

2. Prototypal seeds shall be used primarily for production of certified seeds.

3. Certified seeds and F1 hybrid seeds shall be used for production of commodity rice.

Article 7.- Assignment of responsibilities

1. The Cultivation Department, which performs the state management of rice variety production, trading and use throughout the country, shall have the following responsibilities:

a/ To formulate and submit to the Ministry for promulgation plannings, plans and policies on rive variety production, trading and use and direct the implementation thereof.

b/ To submit to the Ministry for promulgation or promulgate according to its competence legal documents, processes, criteria and econo-technical norms on rice variety production and trading, and direct the implementation thereof.

c/ To participate in evaluating conditions of organizations certifying the quality of testing laboratories and monitor the operation of quality-certifying organizations and accredited testing laboratories.

d/ To accredit rice variety sample-takers and experts.

e/ To receive dossiers of rice variety quality of 100% foreign-owned establishments that are engaged in rice variety production and trading.

f/ To supervise production and business conditions of 100% foreign-owned establishments that are engaged in rice variety production and trading; to supervise activities of certifying rice variety quality.

h/ To conduct examination and inspection, settle complaints and denunciations and handle violations in rice variety production and trading.

2. The Central Center for Plant Variety Assay and Test shall have the following responsibilities:

a/ To act as the principal body assisting the Cultivation Department in providing professional guidance on and supervision of the expertise, test and post-inspection of rice varieties by quality-certifying organizations throughout the country;

b/ To organize professional training and re-training for expertising, sampling and testing staff of quality-certifying organizations and technicians of units producing and/or trading in rice varieties;

c/ To certify the quality of super-prototypal rice seeds and participate in the certification of the quality of rice seeds of other grades.

d/ To conduct post-inspection of parental strains of hybrid varieties. To participate in the post-inspection of super-prototypal seeds, F1 hybrid seeds and rice seeds of other grades in case of necessity.

3. Plant variety quality-certifying organizations:

a/ To receive applications for certification of plant variety-quality standard conformity filed by organizations and individuals that produce and/or trade in rice varieties.

b/ To conduct field inspection, expertise and certify the quality of prototypal and certified rice seeds and F1 hybrid seeds.

4. Provincial/municipal Agriculture and Rural Development Services, which perform the state management of rice variety production, trading and use in localities, shall have the following responsibilities:

a/ To receive quality publication dossiers of organizations and individuals that produce and/or trade in rice varieties, except for enterprises with 100% foreign capital.

b/ To supervise conditions of rice variety production and trading of organizations and individuals that produce and/or trade in rice varieties, except for enterprises with 100% foreign capital.

c/ To conduct examination and inspection, settle complaints and denunciations and handle violations related to rice variety production and trading according to their competence.

Article 8.- Implementation provisions

Vietnamese as well as foreign organizations and individuals that are engaged in rice variety production, trading and use in Vietnam shall have to implement this Decision.

Organizations and individuals are requested to report in writing any difficulty or problem arising in the course of implementation to the Cultivation Department ' the Ministry of Agriculture and Rural Development for prompt amendment and supplementation.