What are requirements for individuals to self-declare circulation of a plant variety in Vietnam?

What are requirements for individuals to self-declare circulation of a plant variety in Vietnam?

Pursuant to Article 17 of the Law on Crop Production in 2018 stipulating self-declaration of circulation of a plant variety in Vietnam as follows:

1. Requirements for self-declaration of circulation of a plant variety shall be as follows:

a) That plant variety's name is available;

b) The plant variety has the value for cultivation or use conformable to national standards applied to plant species obtaining permission for self-declaration of circulation; in the absence of national standards, local standards shall be applied;

c) Declaration of information about the plant variety and propagation processes is prepared by a self-declaring organization or individual.

2. Self-declaring organizations and individuals shall be responsible for ensuring provided information is accurate.

3. The Government shall regulate application requirements, processes and procedures for self-declaration of circulation of a plant variety.

As regulations above, if names of plant varieties, which you imported, is available, you shall self-declare circulation of them and be responsible for ensuring provided information is accurate.

In Vietnam, which cases shall a name of a plant variety not be accepted?

Pursuant to Clause 1, Article 14 of this Law stipulating names of plant varieties in Vietnam as follows:

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.

Best regards!