Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for crop production activities; rights and obligations of crop farming entities and persons; state management of plant production activities.
Article 2. Definition
For the purposes of this Law, terms used herein shall be construed as follows:
1. Plant production means an economic – technical agricultural industry in connection to the cultivation of agricultural crops, ornamental plants and edible mushrooms for human use.
2. Crop production activities comprise activities related to plant varieties, fertilizers, crop cultivation, harvesting, handling, storage, processing, trading and management of quality of agricultural produce.
3. Crop cultivation means the process by which humans use natural resources, agricultural equipment, supplies and apply the manufacturing process in order to create different crop products.
4. Crop product means the harvest part of an agricultural crop, ornamental plant and edible mushroom.
5. Plant variety means a population of plants that can be distinguished from other populations of plants through the expression of at least one trait which is passed to the next; is uniform in morphological characteristics and stable over the cycle of propagation; has the value for cultivation or use; includes agricultural plant varieties, medicinal plant varieties, ornamental plant varieties and edible mushroom varieties.
6. Propagating material means a plant or its vegetative part, edible mushroom or its vegetative part that can develop into a new individual and can be used for vegetative propagation or seeding.
7. Major crop means the most common plant species that are important for economic development and need to be closely managed.
8. Annual plant means a crop that is planted, harvested and completes its life cycle within one year, including annual trees, including an annual plant whose root is stored.
9. Perennial plant means a crop that is planted once, grown over many years and harvests one or more time.
10. Distinctness of a plant variety means the ability to clearly distinguish a plant variety from widely known plant varieties.
11. Uniformity of a plant variety means the same expression of the plant variety for the relevant characteristics, except for the deviations within the allowable limits for certain particular characteristics in the propagation process.
12. Stability of a plant variety means the stable expression of relevant characteristics which are like initially described ones, and remain unchanged after each propagation season or after each propagation cycle in the case of the cycle-specific propagation of plant varieties.
13. Plant variety testing means the monitoring and evaluation of indicators for determining distinctness, uniformity, stability, value for cultivation and use, of plant varieties according to certain methods.
14. Controlled testing means the test on a plant variety in an artificial environment so that the plant variety can express all characteristics of tolerance to harmful organisms and unfavorable conditions.
15. Fertilizer testing means the monitoring and evaluation of indicators to determine the mode of use, the environmental impact, the agronomic efficiency and the economic efficiency of each fertilizer product.
16. Narrow field testing means the test which takes place on a field or small plot, is repeated and conducted in conformity with national standards on testing methods for test subjects.
17. Wide field testing means the test which takes place on a field or large plot, is not repeated and is conducted in conformity with national standards on testing methods for test subjects.
18. First-generation plant means the best plant which is selected and recognized amongst a plant’s population.
19. First-generation plant garden means a garden of plants propagated from first-generation plants or the one established by an accredited and recognized entity or person.
20. Fertilizer means products that provide nutrients or improve soil to increase crop yield and quality.
21. Fertilizer quality index means a technical specification regarding properties, ingredients and contents of a fertilizer product that reflect its quality as prescribed in relevant applicable technical regulations and standards.
22. Nutrient element found in a fertilizer means a chemical element essential for the growth and development of plants.
Article 3. Principles of crop production activities
1. Develop crop production according to the value chain, connect it with market orientations, correspond to crop production development strategies, planning and proposals for use of land and other resources; create favorable conditions for the development of cooperation and cooperation in production and the establishment of areas for the concentrated commodity production, contract-based production and production obtaining quality certification; maintain food security; balance the interests of the State and those of organizations and individuals.
2. Make effective, economical and sustainable use of natural resources and infrastructure facilities; use agricultural supplies in a safe and efficient manner.
3. Comply with technical standards and regulations on land and water environmental quality and production processes; ensure food safety, biosafety, epidemic safety and environmental protection.
4. Promote regional advantages, connect crop production activities with the conservation of specialty and indigenous cultivated crop varieties; protect sustainable crop cultivation systems, agricultural heritage, landscape and culture associated with eco-tourism and new rural development.
5. Proactively forecast, prevent and control natural disasters and harmful organisms; make adaptations to climate change.
6. Meet international integration requirements; comply with treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 4. State policies on crop production activities
1. The State shall invest in the following activities:
a) Enumerating, investigating and building databases of crop production activities; databases of market information and forecasting; developing strategies for crop production development; establishing technical standards and regulations on crop farming activities;
b) Building and improving infrastructure facilities and equipment of state-owned science and technology bodies specialized in conducting policy and fundamental researches in the crop production sector;
c) Science and technology activities referred to in point a and b of clause 2 of Article 6 herein;
d) Training agricultural extension personnel working in areas facing difficult or extremely socio-economic conditions.
2. In each period and within the capacity of the state budget, the State shall support the following activities:
a) Production connection, development of concentrated commodity production areas and organic crop production zones; shift in the crop structure; farming on the sloping land, lowland, alkaline soil, saline soil, sandy soil at or near the coast, soil at risk of desertification or degradation; development of material areas serving the needs of processing plants; management of planting zones and commodity origin tracking;
b) Science and technology activities referred to in point c of clause 2 of Article 6 herein;
c) Application of advanced quality control systems and crop product certification;
d) Construction of infrastructure, analysis and evaluation of primary crop production conditions, agro-chemical and soil evaluation for the concentrated commodity production; building of infrastructure facilities intended for crop produce preservation, storage and processing; production of organic fertilizers, biological products; organic farming; mechanization; national laboratories and international inter-laboratory testing;
dd) Planned rice production;
e) Production of super prototypal varieties, prototypal varieties and parental varieties for production of F1 hybrid seeds, new original and commercial varieties; revitalization of specialty varieties and indigenous crop varieties; preservation of first-generation plants; protection and development of first-generation plant gardens; import of new varieties, disposition of plant variety property rights;
g) Construction of wholesale markets in crop products; branding, trade promotions, development of markets for consumption of crop products;
h) Restoration of crop production in case of natural disasters or epidemics that may occur;
i) Workforce training; transfer of technological breakthroughs and advances in agricultural extension in the crop production industry.
3. The State shall encourage organizations and individuals to invest in activities specified in clauses 1 and 2 of this Article and the following activities:
a) Cooperation and affiliation in research and development, business, supply of engineering services, technology transfer and related activities in the crop production sector;
b) Private sector investment in public services in the crop production industry; improvement of the capacity for performing conformity assessment activities;
c) Crop insurance;
d) Organic farming, farming associated with ecotourism, landscape protection, culture and history at rural areas;
dd) Use of organic fertilizers.
Article 5. Crop production development strategy
1. The crop production development strategy shall be developed over the cycle of 10 years with vision towards 20 years; shall be appropriate for the socio-economic development strategy, other relevant planning schemes and proposals.
2. The crop production development strategy must define viewpoints, regulatory principles, visions, objectives, tasks, solutions and conduct of implementation of tasks of crop production development across the country.
3. The Ministry of Agriculture and Rural Development shall preside over and cooperate with Ministries, Ministry-level agencies and provincial People’s Committees in formulating and submitting to the Prime Minister the Strategy for development of crop production.
Article 6. Scientific and technological activities in the crop production industry
1. Scientific and technological activities in the crop production industry shall be performed in accordance with this Law and other legislation on science and technology and technology transfers.
2. Scientific and technological activities in the crop production industry shall receive the State’s investment or investment incentives, including:
a) Studying mechanisms and policies in the crop production industry; selecting and creating high-quality plant varieties which can resist harmful organisms and adapt to climate change; making best use of beneficial organisms; developing organic fertilizers, biological products, cultivation techniques and environmental protection in the crop production industry; conducting researches into soil science, crop nutrition and postharvest technologies;
b) Collecting, keeping, conserving and making best use of genetic resources of precious, rare plant varieties, specialty plant varieties and indigenous cultivated plant varieties; building crop gene banks;
c) Carrying out research and development and application of high technologies, advanced technologies and new technologies in crop cultivation, preservation and processing activities; organic farming and crop production practices adaptable to climate change.
Article 7. International cooperation in crop production
1. The State of the Socialist Republic of Vietnam shall carry out international cooperation in crop production with countries, territories and international organization on the basis of equality, mutual interest, respect for national independence, sovereignty and legislation of each partner and international laws.
2. Tasks of international cooperation in crop production include:
a) Scientific research and technology transfer regarding plant varieties, agricultural supplies, processes and crop production technologies, postharvest technologies, information exchange and crop genetic resources;
b) Training of high-quality personnel working in the crop production industry;
c) Investment cooperation, production affiliation, forecast and development of markets for consumption of crop produce;
d) Construction and mutual recognition of quality certification systems in the crop production industry.
3. The Ministry of Agriculture and Rural Development shall preside over and cooperate with Ministries, Ministry-level bodies and provincial People’s Committees in carrying out international cooperation in crop production.
Article 8. National crop production database
1. The national crop production database is the information system relating to crop production which is set up in a uniform manner from the central government level to the local jurisdiction level and is standardized for update, operation and management by using the information technology.
2. National crop production databases shall be composed of the followings:
a) Database of legislative documents and regulatory documents relating to the crop production;
b) Crop production, preservation, processing and trading database;
c) Database of scientific research and technological development results, technical standards and regulations; database of soil nutrition and use of farming land; database of plant varieties, fertilizers and irrigation water;
d) Other crop database.
3. Organizations and individuals shall be required to supply information, update and utilize the national crop production database under the provisions of law.
4. The Minister of Agriculture and Rural Development shall regulate provision of information, update, utilization and management of the national crop production database.
Article 9. Prohibited crop production activities
1. Manufacturing, trading and importing plant varieties which have not obtained circulation decisions or circulation self-declaration, unless otherwise permitted by competent authorities.
2. Producing, trading and importing fertilizers which have not yet obtained circulation recognition decisions in Vietnam, except for the import of fertilizers specified in clause 2 of Article 44 herein, and the production of fertilizers for export under contracts with foreign organizations and individuals.
3. Producing and trading plant varieties that do not meet production and trading requirements; producing and trading fertilizers which have not yet been granted the certificates of compliance with fertilizer production or trading regulations.
4. Producing, trading and importing plant varieties, fertilizers, other agricultural supplies and plant products which are counterfeit, expire and are of unknown origin.
5. Providing information on plant varieties and fertilizers which is inconsistent with information already approved by competent authorities or self-declared information.
6. 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.
7. 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.
8. Illegally exporting plant varieties in the nomenclature of crop genetic resources prohibited for export.
9. Exercising farming practices harming crops, livestock and human health; causing environmental pollution; degradation and depletion of land, water resources and biodiversity.
10. Illegally extracting and using topsoil of arable land for wet rice cultivation for non-agricultural purposes.
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