Procedures for granting certificates of professional inspection of plant variety rights representation in Vietnam

Procedures for granting certificates of professional inspection of plant variety rights representation in Vietnam (Internet image) 

On November 22, 2023, the Ministry of Agriculture and Rural Development issued Decision 4953/QD-BNN-TT on the announcement of newly issued administrative procedures and replacement administrative procedures in the field of cultivation within the scope of management functions of the Ministry of Agriculture and Rural Development.

Procedures for granting certificates of professional inspection of plant variety rights representation in Vietnam

(1) Implementation sequence:

- Step 1: The Ministry of Agriculture and Rural Development announces on the Electronic Information Portal of the Ministry of Agriculture and Rural Development the organization of inspections of the profession of representing rights to plant varieties; which clearly states the conditions for participating in the test, application procedures, test content, time, and location of the test.

- Step 2: Individuals register to participate in the examination to be granted a Certificate of Professional Examination for representing plant variety rights and submit their application to the Ministry of Agriculture and Rural Development.

- Step 3: Answer the completeness of the application components

+ In case of direct submission: the Ministry of Agriculture and Rural Development checks and immediately responds to the completeness of the application documents;

+ In case of submitting an application via postal service: within no more than 03 working days from the date of receiving the application, the Ministry of Agriculture and Rural Development reviews the completeness of the application; In case the dossier is not completed as prescribed, notify the organization or individual in writing;

+ In case of submitting documents via electronic environment: within no more than 01 working day from the time of receiving the documents, the Ministry of Agriculture and Rural Development reviews the completeness of the application components; in case the dossier is not complete according to regulations, notify the organization or individual.

- Step 4: Processing documents

The Ministry of Agriculture and Rural Development evaluates the inspection registration dossier and notifies the individual in writing with a valid dossier 15 days before the inspection, clearly stating the inspection plan.

- Step 5: Establish an Inspection Council

The Ministry of Agriculture and Rural Development issued the Decision to establish an Inspection Council and organize inspection implementation

- Step 6: Notify the test results

Within 20 days from the date of the inspection, the Chairman of the Inspection Council shall notify the inspection results on the Electronic Information Portal of the Ministry of Agriculture and Rural Development and issue a Certificate.

(2) Implementation method: directly, via postal service, or via electronic environment.

(3) Components and quantity of documents:

- Documents include:

+ Inspection registration declaration according to the provisions in Form No. 24 issued with Decree 79/2023/ND-CP;

+ Copy of university or postgraduate diploma (present the original for comparison, unless the copy has been certified);

+ Copy of Certificate of training in law on rights to plant varieties (present the original for comparison, unless the copy has been certified) or a copy of the recruitment decision or labor contract and other documents proving actual professional activities (present the original for comparison, unless the copy has been certified).

+ 02 photos 3 cm x 4 cm.

- Quantity: 01 set of documents.

(4) Requirements and conditions for implementing administrative procedures (if any):

- Being a Vietnamese citizen; having full civil act capacity;

- Permanent residence in Vietnam;

- Having a university diploma or higher in one of the following majors: horticulture, plant protection, biology, silviculture, or law;

- Having directly worked on legal work on rights to plant varieties for 5 years or more; or having directly worked on appraisal of various types of rights registration applications for plant varieties at a national or international agency on plant variety rights for 5 years or more; or having graduated from a legal training course on plant variety rights recognized by a competent agency.

More details can be found in Decision 4953/QD-BNN-TT  taking effect as of November 22, 2023, repealing Decision 3121/QD-BNN-VP dated July 15, 2021; the contents published in serial numbers 2, 24, 31, 32 in section A Part I List of standardized administrative procedures and the specific contents of these administrative procedures are respectively in Part II of the Appendix issued with Decision 4413/QD-BNN-TT dated October 28, 2016, the contents published in serial numbers 7,8 of section 2, Part I of the Appendix issued with Decision 5016/QD-BNN-TT dated December 21, 2018.

Ho Quoc Tuan

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