Do crop genetic resources include genetic resources of plant varieties that have not yet been granted circulation recognition decisions in Vietnam?

Main Content

• Do crop genetic resources include genetic resources of plant varieties that have not yet been granted circulation recognition decisions in Vietnam?
• What is the validity period of a decision on recognition of circulation of a plant variety in Vietnam?
• When shall the name of a plant variety in Vietnam not be accepted?

Do crop genetic resources include genetic resources of plant varieties that have not yet been granted circulation recognition decisions in Vietnam?

Under Article 11 of the Law on Crop Production 2018:

Exploitation and utilization of crop genetic resources

1. Crop genetic resources shall include genetic resources already granted or endorsed by circulation recognition decisions or permission for circulation self-declaration; plant varieties which have been prevalent in crop production activities, specialty plant varieties, indigenous plant varieties and/or imported plant varieties which have not yet been granted circulation recognition decisions or permission for circulation self-declaration.

2. The exploitation and utilization of crop genetic resources shall be subject to the provisions of this Law and the legislation on biodiversity.

At the same time, Article 13 of the Law on Crop Production 2018 stipulates as follows:

General requirements concerning recognition of circulation and self-declaration of circulation of plant varieties

1. Plant varieties belonging to the main plant species may be produced, traded, exported or imported only after being granted the decision on recognition of plant variety circulation as provided for in Article 15 hereof, or granted the Decision on recognition of privileged circulation of plant varieties as provided for in Article 16 hereof, except in the case where plant varieties are intended for research, trial, exhibition, international exchange or production of hybrid seeds for export.

2. Plant varieties not belonging to the main plant species may be produced, traded, exported or imported only if breeding organizations or individuals are granted permission for self-declaration of circulation of plant varieties as provided for in Article 17 hereof, except in the case where plant varieties are intended for research, trial, advertisement, exhibition, international exchange or production of hybrid seeds for export. In case where organizations and individuals wish to apply for the decision on recognition of circulation of plant varieties, they must comply with the provisions of Article 15 of this Law; or if they wish to apply for the decisions on recognition of the privileged circulation of plant varieties, they must comply with the provisions of Article 16 of this Law.

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Thus, the genetic resources of plant varieties in Vietnam include:

- Genetic resources of plant varieties that have been already granted or endorsed by circulation recognition decisions or permission for circulation self-declaration;

- Genetic resources of plant varieties that have been prevalent in crop production activities, specialty plant varieties, Indigenous plant varieties and/or imported plant varieties that have not yet been granted circulation recognition decisions or permission for circulation self-declaration

Thus, the genetic resources of plant varieties are not necessarily genetic sources of plant varieties that have been granted circulation recognition decisions but can also be genetic sources granted permission for circulation self-declaration.

What is the validity period of a decision on recognition of circulation of a plant variety in Vietnam?

Under Article 15 of the Law on Crop Production 2018:

Issuance, re-issuance, renewal, suspension, restoration and revocation of the decision on recognition of circulation of plant varieties

1. Requirements for grant of the decision on recognition of circulation of a plant variety shall be composed of the followings:

a) That plant variety's name is available;

b) Trial results show the distinctness, uniformity and stability of that plant variety;

c) Trial results show that plant variety is conformable to national standards regarding its value for cultivation and use;

d) Plant variety samples are preserved under the provisions of Article 20 herein;

dd) The declaration of information about that plant variety and cultivation processes is prepared by an organization or individual bearing its/his/her name on an application for the decision on recognition of circulation of that plant variety.

2. The decision on recognition of circulation of an annual plant variety has its validity period of 10 years and 20 years for that of a perennial plant variety. Both may be extended.

Thus, according to regulations, the validity period of a decision on the recognition of circulation of an annual plant variety is 10 years.

The validity period of a decision on the recognition of circulation of a perennial plant variety is 20 years and may be extended.

When shall the name of a plant variety in Vietnam not be accepted?

Under Article 14 of the Law on Crop Production 2018:

Names of plant varieties

1. The name of a plant variety shall not be accepted in the following cases:

a) The name includes numerals only;

b) The name violates historical, cultural, moral traditions, national customs and values.

c) The name is read or written the same as the name of a national leader, hero/heroine, celebrity, a food, beverage or pharmaceutical;

d) The name of a state agency, a people's armed force unit, political organization, socio-political organization, socio-political-professional organization, social organization, socio-professional organization is used to make a part or the whole of the name of a plant variety, unless otherwise approved by concerned agencies, organizations or units;

dd) The name easily causes mistakes about the particulars or characteristics of that plant variety;

e) The name easily causes mistakes about the author’s name;

g) The name is the same as the name of the patented plant variety.

2. Organizations and individuals trading plant variety propagating materials must use the plant variety’s name obtaining the decision on recognition of circulation of plant varieties or permission for self-declaration of circulation of plant varieties.

3. In order for the name of a plant variety to be used in combination with a brand name, trade name or indications similar to a name of the plant variety recognized for circulation or declared for circulation for production and trading purposes, the name must be easily identifiable.

Thus, according to regulations, the name of a plant variety shall not be accepted in the following cases:

(1) The name includes numerals only;

(2) The name violates historical, cultural, moral traditions, national customs and values.

(3) The name is read or written the same as the name of a national leader, hero/heroine, celebrity, a food, beverage or pharmaceutical;

(4) The name of a state agency, a people's armed force unit, political organization, socio-political organization, socio-political-professional organization, social organization, socio-professional organization is used to make a part or the whole of the name of a plant variety, unless otherwise approved by concerned agencies, organizations or units;

(5) The name easily causes mistakes about the particulars or characteristics of that plant variety;

(6) The name easily causes mistakes about the author’s name;

(7) The name is the same as the name of the patented plant variety.