07:48 | 23/07/2024

Decree 65/2023/ND-CP regulating the application for re-issuance of the Certificate of Right to Examine Plant Varieties.

Declaration form for reissuance of the Certificate of Rights for Plant Variety Testing Organizations under Decree 65/2023/ND-CP regulated how? Question from T.Q in Gia Lai.

Decree 65/2023/ND-CP stipulates the application form for re-issuance of Certificate of Evaluation Organization for Plant Varieties

On August 23, 2023, the Government of Vietnam issued Decree 65/2023/ND-CP detailing certain provisions and measures for implementing the Law on Intellectual Property on industrial property, protection of industrial property rights, rights to plant varieties, and state management of intellectual property.

In Appendix I issued along with Decree 65/2023/ND-CP, it is stipulated regarding the application form for re-issuance/issuance of the Certificate of Evaluation Organization for Plant Varieties as follows:

Download the application form for re-issuance/issuance of the Certificate of Evaluation Organization for Plant Varieties here.

What are the regulations on the application form for re-issuance of the Certificate of Evaluation Organization for Plant Varieties in Decree 65/2023/ND-CP?

What are the regulations on the dossier for re-issuance of the Certificate of Evaluation Organization for Plant Varieties?

The dossier for re-issuance of the Certificate of Evaluation Organization for Plant Varieties is stipulated in point c clause 3 Article 113 of Decree 65/2023/ND-CP.

Issuance, re-issuance, and revocation of the Certificate of Evaluation Organization for Plant Varieties

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3. The re-issuance of the Certificate of Evaluation Organization for Plant Varieties is carried out as follows:

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b) The Evaluation Organization for Plant Varieties is obligated to carry out procedures to request the competent authority that issued the Certificate to re-issue it if it still needs to continue its evaluation activities;

c) The dossier for re-issuance of the Certificate of Evaluation Organization for Plant Varieties includes the following documents:

c1) Application form for re-issuance of the Certificate of Evaluation Organization for Plant Varieties, following Form No. 11 in Appendix VI of this Decree;

c2) A certified copy of the Business Registration Certificate or the amended Operation Registration Certificate of the Evaluation Organization for Plant Varieties if there is a change in the information of the organization, except when the Application form for re-issuance already contains information about the Business Code;

c3) A certified copy of the Recruitment Decision, labor contract, or termination decision between the organization and the evaluator for plant varieties working for the organization in case there is a change about the evaluator;

c4) Fee and charge payment receipts (in case of fee payment via postal service or direct payment to the account of the competent authority handling the procedure).

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The dossier for re-issuance of the Certificate of Evaluation Organization for Plant Varieties includes the following documents:

- Application form for re-issuance of the Certificate of Evaluation Organization for Plant Varieties, following Form No. 11 in Appendix VI issued along with Decree 65/2023/ND-CP.

- A certified copy of the Business Registration Certificate or the amended Operation Registration Certificate of the Evaluation Organization for Plant Varieties if there is a change in the information of the organization, except when the Application form for re-issuance already contains information about the Business Code.

- A certified copy of the Recruitment Decision, labor contract, or termination decision between the organization and the evaluator for plant varieties working for the organization in case there is a change about the evaluator.

- Fee and charge payment receipts (in case of fee payment via postal service or direct payment to the account of the competent authority handling the procedure).

What are the procedures and steps for re-issuance of the Certificate of Evaluation Organization for Plant Varieties?

At point a clause 3 Article 113 of Decree 65/2023/ND-CP, it is stipulated that the re-issuance of the Certificate of Evaluation Organization for Plant Varieties is carried out as follows:

- In the following cases, the provincial-level People's Committee decides on the re-issuance of the Certificate of Evaluation Organization for Plant Varieties if the organization has a request and pays fees according to regulations:

+ The Certificate of Evaluation Organization for Plant Varieties 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 Evaluation Organization for Plant Varieties as stipulated in point c1 clause 2 Article 113 Decree 65/2023/ND-CP.

The Evaluation Organization for Plant Varieties is obligated to carry out procedures to request the competent authority that issued the Certificate to re-issue it if it still needs to continue its evaluation activities.

- The processing of dossiers for re-issuance of the Certificate of Evaluation Organization for Plant Varieties is carried out as follows:

+ Within 15 days from the date of receipt of the dossier requesting re-issuance of the Certificate, the provincial-level People's Committee reviews the dossier according to the procedures for issuing the Certificate of Evaluation Organization for Plant Varieties stipulated in point c clause 2 Article 113 Decree 65/2023/ND-CP.

+ In cases where the defect in the Certificate is due to the issuing authority, the provincial-level People's Committee has the responsibility to re-issue the Certificate within 5 working days from the date of receiving the request from the Evaluation Organization for Plant Varieties, without collecting fees for re-issuance.

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