Fines for violations against regulations on management of licenses and practicing certificates of plant varieties in Vietnam from July 28, 2023

Fines for violations against regulations on management of licenses and practicing certificates of plant varieties in Vietnam from July 28, 2023 (Internet image)

Licenses and practicing certificates of plant varieties in Vietnam

According to Clause 5, Article 2 of the Law on Crop Production 2018, plant variety means a population of plants that can be distinguished from other populations of plants through the expression of at least one trait which is passed to the next; is uniform in morphological characteristics and stable over the cycle of propagation; has the value for cultivation or use; includes agricultural plant varieties, medicinal plant varieties, ornamental plant varieties and edible mushroom varieties.

Pursuant to Clause 1, Article 16 of Decree 31/2023/ND-CP (effective from July 28, 2023), licenses or practicing certificates of plant varieties in Vietnam include:

- Decision on recognition of circulation of the plant variety or a decision on recognition of new plant varieties; according to the provisions of Decree 94/2019/ND-CP

- Decision on recognition of a plant variety testing organization - according to the provisions of Decree 94/2019/ND-CP

- Decision on recognition of the first-generation plant or a decision on recognition of the first-generation plant garden - according to the provisions of Decree 94/2019/ND-CP

- Certificate of training in field inspection; a certificate of sampling of propagating materials - according to the provisions of Decree 94/2019/ND-CP

- Practicing certificate for representative service of rights to plant varieties - according to the provisions of Decree 94/2019/ND-CP

- License to export and import plant varieties - according to the provisions of Decree 94/2019/ND-CP

Fines for violations against regulations on management of licenses and practicing certificates of plant varieties in Vietnam from July 28, 2023

According to Article 16 of Decree 31/2023/ND-CP (effective from July 28, 2023), fines for violations against regulations on management of licenses and practicing certificates of plant varieties are as follows:

- A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for using a license or a practicing certificate of the plant variety of another entity, including:

+ Decision on recognition of circulation of the plant variety or a decision on recognition of new plant varieties;

+ Decision on recognition of a plant variety testing organization;

+ Decision on recognition of the first-generation plant or a decision on recognition of the first-generation plant garden;

+ Certificate of training in field inspection; a certificate of sampling of propagating materials;

+ Practicing certificate for representative service of rights to plant varieties;

+ License to export and import plant varieties.

- A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for erasing or intentionally correcting contents of one of licenses or practicing certificates of plant varieties specified in Clause 1 of Article 16 Decree 31/2023/ND-CP;

In addition, according to Clause 3, Article 16 of Decree 31/2023/ND-CP stipulating remedial measures for violations against regulations on management of licenses and practicing certificates of plant varieties in Vietnam as follows:

- Enforced return of illegal profits obtained from violations specified in Clause 1 of Article 16 of Decree 31/2023/ND-CP.

- Enforced return of decisions, certificates, licenses and practicing certificates of plant varieties for violations specified in Clause 2 of Article 16 of Decree 31/2023/ND-CP to authorities or persons having authority to issue such decisions, certificates, licenses and practicing certificates.

Thus, violations of plant varieties can be fined up to VND 20,000,000 for individuals and up to VND 40,000,000 for organizations.

In addition, when falling into the case specified in Clause 3, Article 16 of Decree 31/2023/ND-CP, organizations or individuals who commit violations against regulations on management of licenses and practicing certificates of plant varieties are forced to take remedial measures in accordance with the law.

Nguyen Pham Nhut Tan

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