Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides for management of forest tree cultivars, including conservation of genetic resources; cultivar research, selection, creation and testing; labels and names of forest tree cultivars; management of quality of forest tree cultivars; and production, trade, export and import of forest tree cultivars.
Article 2. Regulated entities
This Decree is applicable to Vietnamese and foreign organizations and individuals engaging in the activities mentioned in Article 1 of this Decree in the territory of the Socialist Republic of Vietnam.
Article 3. Definitions
1. “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. “original forest tree cultivar” means a cultivar produced for the first time from a plus tree or original ortet of a recognized or restored cultivar (including seeds, tubers, roots, stems, branches, bud unions, shoots or tissues, tissue culture plantlets in bottles and seedlings) and used as propagation materials or for development of seed orchards and/or seed sources.
3. “restored cultivar" means a cultivar propagated from a plus tree or original ortet that is reselected from a recognized cultivar and subject to technical measures for maintenance and restoration of initial characteristics of the original cultivar and prevention of inbreeding depression and reduction of productivity and quality.
4. “major forest tree species” means a forest tree species that is commonly planted, plays an important role in economic development and environmental protection and requires proper management.
5. “forest tree propagation materials” means a tree or tree part capable of developing into a new tree and is used for propagation or planting.
6. “forest tree cultivar testing" means monitoring and assessment of criteria to determine the distinctness, uniformity, stability and value for cultivation and use of a forest tree cultivar using certain methods.
7. “origin testing for forest tree cultivar” means testing and comparison of a cultivar’s origins under certain site conditions to select the origins with desired characteristics.
8. “progeny testing for forest tree cultivar” means testing and comparison of progeny of selected and assessed plus trees to choose the plus trees capable of passing desired characteristics to later generations.
9. “clonal testing for forest tree cultivar” means testing and comparison of clones with an available cultivar or a common local cultivar.
10. “distinctness of forest tree cultivar” means the clear distinction between a cultivar and other well-known forest tree cultivars.
11. “uniformity of forest tree cultivar” means the similar manifestation of relevant characteristics of a forest tree cultivar, excluding permissible variances concerning some specific characteristics in propagation.
12. “stability of forest tree cultivar” means the stable manifestation of relevant characteristics according to the initial description in repeated propagation.
Article 4. Rules for management of forest tree cultivars
1. 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.
2. Forest tree cultivar rights of organizations and individuals shall be protected in compliance with regulations of law on intellectual property.
3. Organizations and individuals shall take responsibility for quality of forest tree cultivars researched, selected, created, produced and traded as per the law.
4. Encourage private sector involvement in activities concerning forest tree cultivars.
5. Apply science and technology in research, selection, creation, production, preservation and management of forest tree cultivars.
Article 5. State policies for activities concerning forest tree cultivars
1. The State shall invest in the following activities:
a) 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;
b) Building and upgrade of facilities and equipment for policy research and basic research concerning forest tree cultivars for public science and technology organizations;
c) The scientific and technological activities mentioned in Points a and b Clause 2 Article 6 of this Decree.
2. From time to time and depending on state budget capacity, the State shall provide assistance for the following activities:
a) The scientific and technological activities mentioned in Point c Clause 2 Article 6 of this Decree;
b) Application of advanced quality control systems and forest tree cultivar certification;
c) 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;
d) 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 Clauses 1 and 2 herein and the following activities:
a) Cooperation in research and development, trade, provision of technical services, technology transfer and activities concerning forest tree cultivars;
b) Provision of public services and products concerning forest tree cultivar per the law;
c) Insurance for forest tree cultivar production and trade.
4. Funding sources: state budget and sources aside from state budget (credit; funding from organizations and individuals; international assistance, etc.) per the law.
Article 6. Scientific and technological activities concerning forest tree cultivars
1. Scientific and technological activities concerning forest tree cultivars shall be carried out according to regulations of this Decree and regulations of law on science and technology and technology transfer.
2. Scientific and technological activities concerning forest tree cultivars receiving state investment or assistance for investment consist of:
a) 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;
b) 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;
c) Research, development and application of high technology, advanced technology and new technology for forest tree cultivars.
Tìm kiếm
Nghị định 27/2021/NĐ-CP (Bản Word)
Nghị định 27/2021/NĐ-CP (Bản Pdf)