Nghị định 07-CP quản lý giống cây trồng

THE
GOVERNMENT
——

SOCIALIST
REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

No:
07-CP

Ha
Noi ,February 02, 996

DECREE

THE GOVERNMENT ON
THE MANAGEMENT OF PLANT SEEDS

THE GOVERNMENT

Pursuant to the Law on Organization of the
Government of September 30, 1992;
To enhance the effect of the State management of plant seeds, to raise their
productivity and quality, and rapidly multiply good seeds in service of the
production;
At the proposal of the Minister of Agriculture and Rural Development,

DECREES:

Article 1.- In this Decree the
terms below shall be construed as follows:

1. A plant seed is a collection of agricultural
or forest plants of the same specy and with hereditary identity, which is
characterized by the difference from plants of the same specy in one or more
properties which shall remain unchanged after reproduction (biogenetic or
agamogenetic).

2. The seed shall include any propagative part
of plant used in agricultural and forestrial production, such as: seeds, bulbs,
tubers, stems, leaves, seedlings, grafted shoots, scions, buds, flowers, spores
or tissues kept for seed.

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4. The breed seed (also called the author’s
seed) is the one which the author(s) has/have selected, crossbred or taken from
the gene fund with stable heredity.

5. The foundation seed is the one which has been
produced from the breed seed strictly in line with the process for foundation
seed production and with the quality up to the standards stipulated by the
State so that it may be further multiplied for the following generations.

6. The certified seed (also called the
commercial seed) is the one of the last generation of the foundation seed, used
for large-scale production but not kept as seed for the following generations.

7. Gene source (gene fund) is the source of
germs of plants and wild vegetation, which are preserved for use in seed
selection and crossbreeding.

Article 2.- The State exercises uniform
management of plant seeds, including the protection, improvement and
development of seed resources, the management of seed trading, export and
import in order to constantly raise the quality of plant seeds.

Article 3.- The State encourages and
protects the legitimate interests of domestic and foreign organizations and/or
individuals conducting activities in research, selection, import, export,
production and trading of plant seeds on Vietnam’s territory.

Article 4.- The State shall invest
the budget capital in:

1. Improving material basis and ensuring the
operation of the State agencies and units in charge of the preservation of gene
funds, and the selection and creation of plant seeds and management of their
quality.

2. Training cadres specialized in conserving
gene funds, selecting, crossbreeding, experimenting preserving, producing and
trading plant seeds.

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Article 6.- The State shall work
out policies on tax exemption for the production of breed seeds, foundation
seeds and newly selected, crossbred or newly imported seeds at the proposals of
the Minister of Agriculture and Rural Development and the Presidents of the
People’s Committees of the provinces or cities directly under the Central
Government.

Article 7.- Organizations and/or
individuals, engaged in the production and/or trading of plant seeds, shall be
entitled to credit loans at reasonable interest rates; the loan term shall be
determined according to the production cycle of each type of plants.

Article 8.- Gene sources (or germs
of plants) used for seed selection and crossbreeding are the national property,
which shall be uniformly managed and invested in by the State so that they may
be collected and preserved at designated scientific research institutions. The
State encourages organizations and individuals to seek for, exploit, utilize,
exchange, protect and enrich gene sources, which are benificial to the State
policy and the people’s welfare.

The Minister of Agriculture and Rural
Development shall stipulate a list of rare and precious gene sources and
regulations on the management of the exchange, exploitation and utilization of
the listed gene sources.

Article 9.- Plant seeds which are newly
selected, crossbred or imported, before being put into large-scale production,
must go through experiments or trial production.

Organizations and/or individuals having seeds
for experiments or trial production must register with the Ministry of
Agriculture and Rural Development the seeds’ names, origins and properties as
well as the place of trial production and production process, and must report
on the results to the Minister of Agriculture and Rural Development.

Basing himself on the results of the trial
production, the Minister of Agriculture and Rural Development shall decide to
allow the seeds to be regionalized or put into production.

Article 10.- Persons who have
created new seeds shall be entitled to register them with the Ministry of
Science, Technology and Environment for their copyright, as prescribed by law.

Article 11.- Organizations and
individuals of different economic sectors, engaged in the production and/or
trading of plant seeds, must meet all the requirements of the production
process of each seed grade (breed seeds, foundation seeds or certified seeds)
and must be licenced for the seed production by the competent agricultural
agency in conformity with the stipulations of the Ministry of Agriculture and
Rural Development.

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Article 13.- All kinds of marketed
seeds must be affixed with labels and have quality control certificates as
required for each seed grade.

Seeds sold on the market must be packaged in
accordance with the packaging standard.

All acts of producing and trading fake seeds,
seeds of poor quality, mixed seeds, seeds with pest or disease germs or seeds
which have not been certified, are strictly forbidden.

Article 14.- Organizations and/or
individuals, engaged in the production and/or trading of plant seeds, must
conduct their activities in accordance with the licenses granted to them and
shall be subject to the inspection by the quality control agency of the
Ministry of Agricultural and Rural Development.

Article 15.- Organizations and/or
individuals engaged in the import of seeds must abide by the regulations on the
import and export of goods and the Ordinance on the Plant Protection and
Quarantine.

The dossiers of application for seed import
shall be jointly stipulated by the Ministry of Agriculture and Rural
Development and the Ministry of Trade.

Within 15 days from the date of receiving the
regular dossiers, the Ministry of Agriculture and Rural Development must reply,
and in case of a disapproval, the reply must be made in writting.

Article 16.- Plant seeds imported
into Vietnam in the forms of gifts, aids or other forms, shall be subject to
the provisions of the Ordinance on the Plant Protection and Quarantine.

Within 15 days from the date the
seeds are imported into Vietnam, the organization or individual that receives
the seeds must report to the Ministry of Agriculture and Rural Development.

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The plant seeds research and production
establishments, when importing breed seeds or foundation seeds, shall be
entitled to import tax exemption.

Article 18.- Organizations and/or
individuals having a need to export plant seeds must fill all the procedures as
stipulated by law for the export of agricultural products and must pay fees in
accordance with regulations currently in force.

Article 19.- The Minister of
Agriculture and Rural Development shall stipulate a list of rare and precious
plant seeds and germ sources to be banned from export, and the list shall be
promulgated periodically.

In special cases where seeds are allowed for
export, the Minister of Agriculture and Rural Development shall propose to the
Prime Minister for decision.

Article 20. – The Minister of
Agriculture and Rural Development shall perform the State management with
respect to plant seeds in the whole country, including such links as:
collecting and conserving gene funds, researching, selecting and crossbreeding
seeds, experimenting, putting on trial production and recognizing new seeds,
producing, trading, importing, exporting, assessing, examining, quarantining
seeds and controlling the quality of plant seeds; and shall be responsible for
guiding activities regarding plant seeds within the scope of his management:

1. Submitting to the Government or the Prime
Minister for promulgation the drafts of legal documents on policies and regimes
for the management of gene sources and plant seeds; documents to direct, guide
and inspect localities, establishments and individuals in implementing
regulations on the management of plant seeds and promulgating technical
processes and procedures within their competence;

2. Establishing Vietnamese standards on plant
seeds, to be submitted to the competent agency for issuance;

3. Granting or proposing the competent agency to
grant or withdraw certificates of new plant seeds, and other permits concerning
the production, trading, import and export of plant seeds in accordance with
this Decree;

4. Issuing regulations on experimenting and
examining seeds, on trial production, on storing, preserving and evaluating
plant germ sources or newly imported seeds; setting up or appointing a
scientific research institution to conduct the above activities;

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6. Working out and evaluating international
cooperation projects on plant seeds;

7. Examining, inspecting and handling violations
in the management of plant seeds in the whole country.

Article 21.- The People’s Committees of
the provinces or cities directly under the Central Government shall be
responsible for implementing and guiding the management of plant seeds through
the State management system of the Agriculture and Rural Development branch as
follows:

1. Organizing the management of plant seeds in
localities in accordance with the guidance of the Ministry of Agriculture and
Rural Development;

2. Issuing documents, guiding the performance of
State management over plant seeds in the localities;

3. Deciding the grant or withdrawal of plant
seed trading licenses in the localities within the scope of their competence;

4. Inspecting and handling violations in the
management of local plant seeds within their competence.

Article 22.- Managerial bodies of all
levels in the agricultural branch, from central level to the level of provinces
and cities directly under the Central Government, shall have to organize
periodic or extraordinary examination of the quality of plant seeds, and
supervise and inspect the implementation of this Decree.

The Ministry of Agriculture and Rural
Development shall stipulate the regime for the examination and inspection of
plant seeds and define competent levels for organizing periodic or
extraordinary examinations.

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Article 24.- Organizations or individuals
having achievements in managing the selected plant seeds, improving seed
resources, creating new seeds, rapidly multiplying seeds, guiding the
development of good seeds in the production, shall be rewarded.

Those who commit acts of violating this Decree
shall, depending on the extent of the damage caused by his/her violation to the
State, organizations or individuals, be subject to penalties and material
compensations, as stipulated by law.

Article 25.- This Decree takes effect
from the date of its signing.

The earlier stipulations, which are contrary to
this Decree, are now annuled.

The Ministry of Agriculture and Rural
Development shall coordinate with the concerned agencies in guiding, urging and
inspecting the implementation of this Decree.

Article 26.- The Minister, the
Heads of the ministerial-level agencies, the Heads of the agencies attached to
the Government, the Presidents of the People’s Committees of provinces or
cities directly under the Central Government shall have to implement this
Decree.

ON BEHALF OF
THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER

Phan Van Khai

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