Can the testing of the distinctiveness of plant varieties in Vietnam be carried out at multiple locations?

Can the testing of the distinctiveness of plant varieties in Vietnam be carried out at multiple locations?

Pursuant to Article 19 of the Law on Crop Production in 2018 stipulating general requirements concerning plant variety testing as follows:

1. Plant variety tests referred to in clause 1 and point a of clause 2 of Article 18 herein shall only be conducted at one fixed location.

2. Plant variety tests referred to in point b and c of clause 2 of Article 18 herein shall be conducted in specific regions. The plant variety that is tested in a region shall obtain the decision on recognition of circulation of a plant variety issued by the competent authority in that region.

3. Testing methods and determination of regions for plant variety tests shall be prescribed in national standards of methods of testing of plant species intended for testing.

4. Gardens of perennial plant varieties must be established by organizations and individuals signing their names on applications for recognition of circulation of these plant varieties in conformance to national standards of the method of testing of plant varieties which is employed in order to evaluate necessary indicators.

5. Both narrow and wide tests shall be conducted at the same time.

6. The genome sequencing method shall be used in place of the distinctness testing method in order to check the trueness to variety.

7. Before testing genetically modified plant varieties, the risk assessment must be carried out in accordance with the law on biodiversity.

Pursuant to Article 18 of the Law on Crop Production in 2018 stipulating contents of a plant variety test as follows:

1. Tests of a plant variety for its distinctiveness, uniformity and stability.

2. Tests of a plant variety for its value for cultivation or use, including:

a) Controlled tests;

b) Narrow field tests;

b) Wide field tests.

As regulations above, for the testing of the distinctiveness, uniformity, and stability of plant varieties, your organization can only conduct the testing at one fixed location. You are not allowed to bring samples to another place to conduct testing simultaneously at multiple locations.

Can the testing of the distinctiveness of plant varieties in Vietnam be carried out at multiple locations? - Source: Internet

Can administrative penalties for testing activities lead to the revocation of the decision on recognition of a plant variety testing organizations in Vietnam?

Pursuant to Article 21 of the Law on Crop Production in 2018 stipulating issuance, re-issuance and revocation of the decision on recognition of a plant variety testing organization as follows:

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

a) A person directly conducting tests must hold at least a university degree in one of the specialties related to crops, plant protection and biology;

b) The plant variety testing organization owns or hires venues, facilities and equipment appropriate for performing tests in conformity with national standards regarding testing of plant varieties with respect to the plant species to be tested.

2. The decision on recognition of a plant variety testing organization may be re-issued in the following cases:

b) The decision is lost or damaged;

b) Information pertaining to the testing organization inscribed in the decision on recognition of a plant variety testing organization has been changed or supplemented.

3. The decision on recognition of a plant variety testing organization may be revoked in the following cases:

a) The decision’s contents are erased or revised;

b) Counterfeit papers and dishonest information have been found in the application package for recognition of a plant variety testing organization;

c) The testing organization holding the decision has committed any violation of law and such violation leads to revocation of the decision on recognition of a plant variety testing organization;

d) The holder of the decision has no longer met one of the requirements set forth in clause 1 of this Article;

dd) The holder of the decision has already been subject to an administrative penalty and repeats its offence;

4. The Government shall regulate application documents, processes, procedures for, authority over issuance, re-issuance and revocation of the decision on recognition of a plant variety testing organization.

In the case of being subject to an administrative penalty for a violation of the regulations on plant variety testing and recidivism, the Decision on the recognition of plant variety testing organizations will be revoked.

Best regards!