Procedures for registering for professional inspection of the assessment or rights to plant varieties in Vietnam

Procedures for registering for professional inspection of the assessment or rights to plant varieties in Vietnam (Internet image)

Regarding this issue, LawNet answers as follows:

1. Procedures for registering for professional inspection of the assessment or rights to plant varieties in Vietnam

(1) Implementation sequence:

- Step 1: The Ministry of Agriculture and Rural Development announced on the Ministry's electronic information portal, clearly stating the conditions for participating in the test, application procedures, test content, and expected time and location of the test.

- Step 2: Individual submits an application to the Ministry of Agriculture and Rural Development.

- Step 3: Processing documents

Within 15 days from the date of receipt of the application, the Ministry of Agriculture and Rural Development is responsible for processing the application according to the following regulations:

+ In case the documents are valid, the Ministry of Agriculture and Rural Development issued a notice accepting the application, clearly stating whether the test plan has been determined or has not been determined because there are not enough people registered to attend the test;

+ In case the dossier has errors, the Ministry of Agriculture and Rural Development issued a notice of intention to refuse to accept the application, clearly stating the reason and setting a deadline of 01 month from the date of notice for the person registering for the inspection to correct errors or make objections. At the end of the set time limit, the person registering for the inspection does not correct the errors, or the errors are not corrected satisfactorily. There is no objection, or there is an objection that is not valid. The Ministry of Agriculture and Rural Development issues a decision to refuse to accept the application, clearly stating the reason for the refusal.

- Step 4: Establish an Inspection Council and organize inspection

+ The Ministry of Agriculture and Rural Development establishes a Council for examining the expertise of plant variety rights appraisal and organizes inspections of plant variety rights appraisal expertise. The inspection is conducted to assess the ability to use professional knowledge and skills to evaluate and conclude issues related to plant variety rights.

+ The test is held within 03 months from the date; there are at least 05 people expected to register for the test whose registration documents are accepted.

- Step 5: Notify the test results

The Ministry of Agriculture and Rural Development notifies the test registrant of the results of the professional examination of plant variety rights appraisal.

(2) Components and quantity of documents:

- Application includes:

+ Registration form for professional examination of rights to plant varieties according to Form No. 08 in Appendix VI of Decree 65/2023/ND-CP;

+ Certified copy of university or postgraduate diploma;

+ A certified copy of the recruitment decision or labor contract and other documents proving actual professional activities;

+ 02 3x4 (cm) photos;

+ Proof of payment of fees and charges (in case of payment of fees and charges via postal service or direct payment to the account of the agency competent to handle this procedure).

- Quantity: 01 set of documents.

(3) Processing time limit: notice of acceptance or Decision to refuse to accept the test registration dossier: 15 days from the date of receipt of the dossier.

(Decision 4647/QD-BNN-TT 2023)

2. Conditions for registering for professional inspection of the assessment or rights to plant varieties in Vietnam

Individuals meeting the following requirements shall be eligible for registering for participation in the inspection according to the regulations:

- Being Vietnamese citizens with sufficient legal capacity;

- Residing in Vietnam;

- Having good moral qualities;

- Having at least bachelor's degrees with majors suitable for the field registered for inspection;

- Having professionally worked in the field registered for inspection for at least 5 years.

(Point a Clause 3 Article 111 Decree 65/2023/ND-CP)

Ho Quoc Tuan

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