State policies for activities concerning forest tree cultivars in Vietnam

State policies for activities concerning forest tree cultivars in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is forest tree cultivar?

According to Clause 1, Article 3 of Decree 27/2021/ND-CP, forest tree cultivar means a forest tree population that is distinct from other forest tree populations by the manifestation of at least one inheritable characteristic; has uniform and stable morphologic features in repeated propagation; and has value for cultivation and use.

2. State policies for activities concerning forest tree cultivars in Vietnam 

Specifically, in Clauses 1, 2 and 3, Article 5 of Decree 27/2021/ND-CP, State policies for activities concerning forest tree cultivars include:

(1) The State shall invest in the following activities:

-  Statistics production, investigation, establishment of a forest tree cultivar database; provision of market information and forecast; formulation of a strategy for forest tree cultivar development; formulation of technical standards and regulations on forest tree cultivars;

- Building and upgrade of facilities and equipment for policy research and basic research concerning forest tree cultivars for public science and technology organizations;

- The scientific and technological activities mentioned in Points a and b Clause 2 Article 6 of Decree 27/2021/ND-CP.

(2) From time to time and depending on state budget capacity, the State shall provide assistance for the following activities:

- The scientific and technological activities mentioned in Point c Clause 2 Article 6 of Decree 27/2021/ND-CP;

- Application of advanced quality control systems and forest tree cultivar certification;

- Storage, production and provision of original forest tree cultivars; restoration of original cultivars; production of specialty forest tree cultivars and native forest tree cultivars; maintenance of first-generation plants;

Protection and development of hedge orchards, seed sources and seed orchards; import of new cultivars and transfer of copyright on forest tree cultivars;

- Workforce training; transfer of scientific and technological advancements in activities concerning forest tree cultivars.

(3) The State shall encourage organizations and individuals to invest in the activities mentioned in (1), (2) and the following activities:

- Cooperation in research and development, trade, provision of technical services, technology transfer and activities concerning forest tree cultivars;

- Provision of public services and products concerning forest tree cultivar per the law;

- Insurance for forest tree cultivar production and trade.

3. Scientific and technological activities concerning forest tree cultivars in Vietnam

According to Clause 2, Article 6 of Decree 27/2021/ND-CP, scientific and technological activities concerning forest tree cultivars receiving state investment or assistance for investment consist of:

- Research on mechanisms and policies for forest tree cultivars; selection and creation of forest tree cultivars that have high quality, are pest resistant and climate smart and protect the environment;

- Collection, storage, conservation and use of genetic resources of rare and precious forest tree cultivars, specialty forest tree cultivars and native forest tree cultivars; establishment of a forest tree genebanks;

- Research, development and application of high technology, advanced technology and new technology for forest tree cultivars.

4. Rules for management of forest tree cultivars in Vietnam

According to Article 4 of Decree 27/2021/ND-CP, the rules for management of forest tree cultivars include:

- Strictly carry out chain-based management of cultivars of major forest trees and encourage such management for other forest tree cultivars to ensure origin tracing and cultivar quality improvement.

- Forest tree cultivar rights of organizations and individuals shall be protected in compliance with regulations of law on intellectual property.

- Organizations and individuals shall take responsibility for quality of forest tree cultivars researched, selected, created, produced and traded as per the law.

- Encourage private sector involvement in activities concerning forest tree cultivars.

- Apply science and technology in research, selection, creation, production, preservation and management of forest tree cultivars.

Thanh Rin

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