File for Requesting Reissue of Certificate of Appraising Organization Rights for Plant Varieties Includes Which Documents?
What documents are required for reissuance of the Certificate of Examination Organization of Plant Variety Rights?
The application dossier for the reissuance of the Certificate of Examination Organization of Plant Variety Rights is specified in point c clause 3 Article 113 of Decree 65/2023/ND-CP.
Issuance, reissuance, and revocation of the Certificate of Examination Organization of Plant Variety Rights
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3. The reissuance of the Certificate of Examination Organization of Plant Variety Rights is carried out as follows:
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b) The Examination Organization of Plant Variety Rights is responsible for submitting a request for the reissuance of the Certificate to the competent authority if it wishes to continue its examination activities;
c) The application dossier for the reissuance of the Certificate of Examination Organization of Plant Variety Rights includes the following documents:
c1) A reissuance request form for the Certificate of Examination Organization of Plant Variety Rights, according to Form No. 11 in Appendix VI of this Decree;
c2) A certified copy of the Business Registration Certificate or the amended Certificate of Activity of the Examination Organization of Plant Variety Rights in case there is any change in the organization’s information, except when the reissuance request form already includes the business code information;
c3) A certified copy of the recruitment decision, labor contract, or termination decision of the labor contract between the organization and the plant variety rights examiner working for the organization in case there is any change of the examiner;
c4) Proof of fee and charge payment (in case of payment via postal service or direct deposit into the account of the competent authority).
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The application dossier for the reissuance of the Certificate of Examination Organization of Plant Variety Rights includes the following documents:
- A reissuance request form for the Certificate of Examination Organization of Plant Variety Rights according to Form No. 11 in Appendix VI issued with Decree 65/2023/ND-CP.
- A certified copy of the Business Registration Certificate or the amended Certificate of Activity of the Examination Organization of Plant Variety Rights in case there is any change in the organization’s information, except when the reissuance request form already includes the business code information.
- A certified copy of the recruitment decision, labor contract, or termination decision of the labor contract between the organization and the plant variety rights examiner working for the organization in case there is any change of the examiner.
- Proof of fee and charge payment (in case of payment via postal service or direct deposit into the account of the competent authority).
What documents are required for the reissuance of the Certificate of Examination Organization of Plant Variety Rights?
What are the steps for reissuing the Certificate of Examination Organization of Plant Variety Rights?
According to point a clause 3 Article 113 of Decree 65/2023/ND-CP, the reissuance of the Certificate of Examination Organization of Plant Variety Rights is implemented as follows:
- In the following cases, the People's Committee of the province or centrally-run city decides to reissue the Certificate of Examination Organization of Plant Variety Rights if the organization requests and pays the prescribed fees and charges:
+ The Certificate of Examination Organization of Plant Variety Rights is lost, defective, or damaged (torn, dirty, faded, etc.) to the extent that it cannot be used.
+ There is a change related to the information recorded in the Certificate of Examination Organization of Plant Variety Rights as specified at point c1 clause 2 Article 113 of Decree 65/2023/ND-CP.
The Examination Organization of Plant Variety Rights is responsible for submitting a request for the reissuance of the Certificate to the competent authority if it wishes to continue its examination activities.
- The processing of the dossier requesting the reissuance of the Certificate of Examination Organization of Plant Variety Rights is carried out as follows:
+ Within 15 days from the date of receipt of the reissuance dossier, the People's Committee of the province or centrally-run city reviews the dossier according to the procedure for issuing the Certificate of Examination Organization of Plant Variety Rights specified at point c clause 2 Article 113 of Decree 65/2023/ND-CP.
+ In cases where the Certificate of Examination Organization of Plant Variety Rights is defective due to an error by the People's Committee of the province or centrally-run city, the issuing authority is responsible for reissuing the Certificate within 05 working days from the date of receipt of the request from the Examination Organization of Plant Variety Rights, without charging any fees.
In what cases is the Certificate of Examination Organization of Plant Variety Rights revoked?
According to point a clause 4 Article 113 of Decree 65/2023/ND-CP, the revocation of the Certificate of Examination Organization of Plant Variety Rights includes the following cases:
There is evidence indicating that the Certificate of Examination Organization of Plant Variety Rights was issued in violation of the law;
- The organization no longer meets the required conditions.
- The Examination Organization of Plant Variety Rights ceases its examination activities.
- The Examination Organization of Plant Variety Rights violates the law and is subject to a recommendation for the revocation of the Certificate by a competent state authority.
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