Violations against regulations on evaluation of plant variety cultivation fields in Vietnam

Violations against regulations on evaluation of plant variety cultivation fields in Vietnam (Internet image)

What is plant variety cultivation field?

According to Clause 6, Clause 7, Article 3 of the Law on Crop Production 2018 stipulates the following prohibited acts:

- Illegally rendering such services as testing, trial and assessment of plant variety fields, evaluation and certification of quality of plant varieties, crop products and fertilizers.

- Providing the wrong or forged results of trial, testing, assessment of crop variety cultivation field, inspection, evaluation, certification of quality, conformance to standards and regulations regarding agricultural supplies and crop products.

Pursuant to Article 26 of the Law on Crop Production 2018, evaluation of plant variety cultivation fields, sampling of propagating materials is as follows:

- The evaluation of plant variety cultivation fields shall be conducted during the period of production of plant varieties according to national standards on methods for evaluation of plant variety cultivation fields and by a person completing professional training in such evaluation.

- Sampling of propagating materials shall be carried out according to national standards regarding methods for sampling of plant varieties and by a person completing professional training in such sampling activity.

According to Article 6 of Circular 26/2019/TT-BNNPTNT, provision of training in field inspection and sampling of propagating materials are as follows

- Persons in charge of field inspection and persons in charge of sampling of propagating materials shall be trained and issued with the certificate of training in field inspection/sampling of propagating materials (hereinafter referred to as “the Certificate”).

- Training in field inspection and sampling of propagating materials shall focus on: regulations on management of quality of plant varieties; methods for field inspection method and sampling of propagating materials prescribed in TCVN; practice in field inspection and sampling of propagating materials.

- The Department of Crop Production shall design and promulgate framework documents about training in field inspection and sampling of propagating materials; cooperate with organizations licensed to provide training in field inspection and sampling of propagating materials in providing training.

- Organizations licensed to provide training in field inspection and sampling of propagating materials shall, according to framework documents promulgated by the Department of Crop Production, design detailed documents and provide training in field inspection and sampling of propagating materials, issue Certificate according to the Form in the Appendix IV of Circular 26/2019/TT-BNNPTNT and send a list of Certificate holders to the Department of Crop Production 03 working days after the date of issue.

Violations against regulations on evaluation of plant variety cultivation fields in Vietnam

Pursuant to Article 12 of Decree 31/2023/ND-CP (effective from July 8, 2023), fines for violations against regulations on evaluation of plant variety cultivation fields as follows:

- A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for failing to evaluate plant variety cultivation fields according to the certificate of training in evaluation of plant variety cultivation fields.

- A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for failing to evaluate plant variety cultivation fields according to national standards on methods for evaluation of plant variety cultivation fields.

- A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for evaluating plant variety cultivation fields without obtaining the certificate of training in evaluation of plant variety cultivation fields.

- A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for producing plant varieties without evaluating plant variety cultivation fields according to regulations.

In addition, according to Clause 5, Article 12 of Decree 31/2023/ND-CP (effective from July 8, 2023), additional penalty for violations against regulations on the evaluation of plant variety cultivation fields in Vietnam is that the certificate of training in the evaluation of plant variety cultivation fields shall be suspended for a fixed period of 06 - 12 months for the commission of one of the violations prescribed in Clauses 1 and 2 of Article 12 of Decree 31/2023/ND-CP (effective as of July 8, 2023).

In addition, based on Clause 6, Article 12 of Decree 31/2023/ND-CP (effective as of July 8, 2023), the remedial measures for violations against regulations on the evaluation of plant variety cultivation fields in Vietnam include:

- Enforced cancellation of results of testing plant varieties for violations specified in Clauses 1, 2 and 3 of Article 12 of Decree 31/2023/ND-CP;

- Enforced repurposing of plant variety batches for violations specified in Article 12 of Decree 31/2023/ND-CP.

Thus, the fine for violations against regulations on the evaluation of plant variety cultivation fields can be up to 20,000,000 VND for individuals and up to 40,000,000 VND for organizations.

When falling into the cases of Clauses 5 and 6, Article 12 of Decree 31/2023/ND-CP (effective from July 8, 2023), individuals or organizations that violate regulations on the evaluation of plant variety cultivation fields are forced to implement additional penalties and remedial measures as prescribed.

Nguyen Pham Nhut Tan

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE