What are general requirements concerning recognition of circulation and self-declaration of circulation of plant varieties according to the Law on Crop Production in 2018 in Vietnam?

What are general requirements concerning recognition of circulation and self-declaration of circulation of plant varieties according to the Law on Crop Production in 2018 in Vietnam? - image from internet

On 19/11/2018, the 14th National Assembly promulgated the Law No. 31/2018/QH14 (the Law on Crop Production in 2018) at the sixth meeting.

The Law on Crop Production in 2018 provides for crop production activities; rights and obligations of crop farming entities and persons; state management of plant production activities.

Pursuant to Article 13 of the Law on Crop Production in 2018 (effective from 01/01/2020) stipulating general requirements concerning recognition of circulation and self-declaration of circulation of plant varieties in Vietnam:

- 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.

- 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.

- Both Vietnamese and foreign organizations and individuals whose representative offices or branches are operating in the crop variety sector in Vietnam shall have the right to submit applications bearing their names for decisions on recognition of circulation or permission for self-declaration of circulation of plant varieties.

- The grant of the decision on recognition of circulation of plant varieties shall be effected concurrently with the grant of the plant variety patent if organizations and individuals applying for recognition of circulation of plant varieties under their own names make their requests and satisfy the requirements concerning the protection of plant varieties in accordance with the law on intellectual property.

- Plant varieties belonging to the main plant species must be tested by accredited independent testing bodies (hereinafter referred to as plant variety testing body or bodies) before granting or extending the decision on recognition of circulation of plant varieties, except in the case where plant varieties are granted the decision on recognition of privileged circulation of plant varieties as stipulated in Article 16 of this Law.

Ornamental plant varieties belonging to the main plant species must be trialed in accordance with clause 2 of Article 18 herein.

- Over periods of time, the Minister of Agriculture and Rural Development shall promulgate and amend the Nomenclature of main crops.

Best regards!