Application for issuance of the decision on recognition of privileged circulation of plant varieties in Vietnam

On December 13, 2019, the Government of Vietnam issued the Decree No. 94/2019/NĐ-CP on guidelines for some Articles of the Law on Crop Production regarding plant varieties and crop cultivation.

ho so de nghi cap quyet dinh cong nhan luu hanh dac cach giong cay trong, Nghi dinh 94/2019/NĐ-CP

According to Clause 1 Article 5 of the Decree No. 94/2019/NĐ-CP of Vietnam’s Government, an application for issuance or re-issuance of the decision on recognition of privileged circulation of plant varieties includes:

- An application form, which is made by the provincial Department of Agriculture and Rural Development using the Form No. 01.DC in the Appendix III hereof.

- A description of characteristics and current use of that plant variety, which is made using the Form No. 02.DC in the Appendix III hereof.

- A stored sample transfer record.

- In case of applying for re-issuance of the decision on recognition of privileged circulation of plant varieties, an application form, which is made using the Form No. 03.DC in the Appendix III hereof.

Besides, the procedures for issuance or re-issuance of the decision on recognition of privileged circulation of plant varieties are as follows:

- Within 10 working days from the receipt of the satisfactory application, the Department of Crop Production shall appraise it and issue the decision on recognition of privileged circulation of plant varieties according to the Form No. 04.DC in the Appendix III hereof. In case of rejection of the application, a written notice and explanation shall be sent.

- The decision on recognition of privileged circulation of plant varieties shall be re-issued in the case of loss or damage. Within 03 working days from the receipt of the application form for issuance of the decision on recognition of privileged circulation of plant varieties, which is made using the Form No. 03.DC in the Appendix III hereof, the Department of Crop Production shall re-issue the decision on recognition of privileged circulation of plant varieties according to the Form No. 05.DC in the Appendix III hereof. In case of rejection of the application, a written notice and explanation shall be sent.

Moreover, procedures for invalidation of the decision on recognition of privileged circulation of plant varieties: Within 10 working days from the receipt of the information about the violations specified in Clause 7 Article 15 of the Law on Crop Production of Vietnam, the Department of Crop Production shall appraise the information and issue the decision to invalidate the decision on recognition of privileged circulation of plant varieties according to the Form No. 06.DC in the Appendix III hereof; and post that decision on its web portal.

View more details at Decree No. 94/2019/NĐ-CP of Vietnam’s Government, effective from February 01, 2020.

Thu Ba

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