What are the fine levels for violations of regulations on import of plant varieties from July 28, 2023 in Vietnam?

What are the fine levels for violations of regulations on import of plant varieties from July 28, 2023 in Vietnam? (Internet image)

Import 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 Clauses 1 and 2, Article 13 of the Law on Crop Production 2018, the general requirements concerning recognition of circulation and self-declaration of circulation of plant varieties are as follows:

- 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 of the Law on Crop Production 2018, or granted the Decision on recognition of privileged circulation of plant varieties as provided for in Article 16 of the Law on Crop Production 2018, 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 of the Law on Crop Production 2018, 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 the Law on Crop Production 2018; 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 the Law on Crop Production 2018.

According to Clause 1, Clause 2, Clause 3, Article 29 of the Law on Crop Production 2018, the import of plant varieties is regulated as follows:

- A plant variety obtaining the decision on recognition of circulation or permission for self-declaration of circulation, and not appearing in the Nomenclature of genetic resources of plant varieties prohibited from export may be exported and subject to provisions of laws on commerce and foreign trade management.

In case of import of plant varieties for business purposes, documents and materials meeting regulations laid down in clause 1 of Article 23 and clause 1 of Article 26 of the Law on Crop Production 2018 must be presented and submitted.

- The plant variety which has not yet obtained the decision on recognition of circulation or permission for self-declaration of circulation may be imported for research, testing, advertising, exhibition and international exchange purposes with the permission of the Ministry of Agriculture and Rural Development.

- The plant variety serving production and business purposes must be subject to the state inspection of quality thereof conducted by a crop production regulatory body affiliated to the Ministry of Agriculture and Rural Development, and must satisfy quality requirements, except in the case where:

+ Seeds of parental plants are used for production of hybrid seeds of plant varieties;

+ Plant varieties which have not yet obtained the decision on recognition of circulation or permission for self-declaration of circulation are imported under clause 2 of Article 29 of the Law on Crop Production 2018;

+ Plant varieties are temporarily imported, re-exported, or in transit or the merchanting trade;

+ Plant varieties are sent to bonded warehouses.

In addition, Clauses 1 and 4, Article 9 Article 29 of the Law on Crop Production 2018 provide for prohibited acts in cultivation activities, including:

- Producing, trading and importing plant varieties that have not yet been decided on recognition of circulation or self-declared circulation, unless otherwise permitted by a competent authority.

- Producing, trading and importing plant varieties, fertilizers, other agricultural materials and fake plant products, expired, unknown origin.

In addition, the license to export and import plant varieties is specified in Decree 94/2019/ND-CP.

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

According to Article 15 of Decree 31/2023/ND-CP (effective as of July 28, 2023), fines for violations of regulations on the import of plant varieties are as follows:

- A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for importing plant varieties that have not yet been granted a decision on recognition of circulation or self-declaration of circulation for research, testing, advertising, exhibition, or international exchange without reporting the results of the import and use of varieties to the competent authority as prescribed.

- A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for importing a plant variety that has not yet been issued a decision on recognition of circulation or self-declared circulation for research, testing, advertising, exhibition, or international exchange that do not conform to the contents of the plant variety import permit.

- A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for importing plant varieties that have not been granted a decision on recognition of circulation or self-declaration of circulation for research, testing, advertising, exhibition, or international exchange without a license to import plant varieties.

- A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for importing plant varieties that are harmful to production, human health, and the ecological environment.

Pursuant to Clause 5, Article 15 of Decree 31/2023/ND-CP (effective as of July 28, 2023) stipulating remedial measures for acts of violating regulations on the import of plant varieties:

- Forcible re-export of plant varieties for acts specified in Clauses 2, 3, and 4 of Article 15 of Decree 31/2023/ND-CP (effective as of July 28, 2023). In the event that it cannot be re-exported, it must be destroyed;

- Forcible implementation of measures to remedy environmental pollution and disease spread for the acts specified in Clause 4, Article 15 of Decree 31/2023/ND-CP (effective as of July 28, 2023).

Thus, violations of plant seed production can be fined up to VND 50,000,000 for individuals and up to VND 100,000,000 for organizations.

In addition, when falling into the case specified in Clause 5, Article 15 of Decree 31/2023/ND-CP (effective as of July 28, 2023), organizations and individuals that commit acts of violating regulations on the import of plant varieties are forced to take remedial measures in accordance with the law.

Nguyen Pham Nhut Tan

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