Procedure for registering the transfer of ownership rights of a plant variety protection certificate in Vietnam

Procedure for registering the transfer of ownership rights of a plant variety protection certificate in Vietnam (Internet image) 

Procedure for registering the transfer of ownership rights of a plant variety protection certificate in Vietnam

Procedures for registering transfer of ownership rights of plant variety protection certificates are guided in Decision 4953/QD-BNN-TT in 2023, which announced new administrative procedures, replacing the Cultivation field under the management functions of the Ministry of Agriculture and Rural Development.

1. Procedure for registering the transfer of ownership rights of a plant variety protection certificate in Vietnam:

Step 1: Immediately after signing the contract to transfer rights to plant varieties according to the provisions of law; organizations and individuals submit documents to the Ministry of Agriculture and Rural Development to register for the transfer of ownership rights of plant variety protection certificates.

Step 2: Answer the completeness of the profile 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 3: Evaluate documents and return results:

Within 30 days from the date of receiving the complete dossier, the Ministry of Agriculture and Rural Development will evaluate the dossier.

- In case the dossier is valid, the Ministry of Agriculture and Rural Development shall notify in writing the transfer of ownership of the Plant Variety Protection Certificate, record the transferee as the owner of the Certificate, update it in the National Register, and issue the Plant Variety Protection Certificate according to the information recorded in the transfer and posted on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.

- In case the dossier is invalid, the Ministry of Agriculture and Rural Development shall respond in writing to the organization or individual and clearly state the reason.

2. Submission methods: directly, via postal service or via electronic environment

3. Components and quantity of documents:

3.1. Documents include:

- Transfer registration declaration as prescribed in Form No. 18 issued with Decree 79/2023/ND-CP dated November 15, 2023 of the Government;

- Certified copy of the plant variety ownership transfer contract. The content of the contract must be in Vietnamese or must be translated into Vietnamese; each page must have the parties' signatures or seals;

- Original copy of the transferred plant variety protection certificate;

- Original written consent of the co-owners of the plant variety in case the plant variety is jointly owned.

3.2 Quantity: 01 set of documents.

4. Time limit for processing procedures for registration or transfer of ownership of plant variety protection certificate: 30 days from the date of receipt of complete documents

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