Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
This Ordinance provides for the management and conservation of plant gene sources; the research into, selection, creation, assay, expertise, test, recognition and protection of, new plant varieties; the evaluation, selection and recognition of maternal plants, initial plants, variety gardens, variety forests; the production and trading of plant varieties; and the management of quality of plant varieties.
Article 2.- Subjects of application
This Ordinance shall apply to Vietnamese organizations and individuals, foreign organizations and individuals operating in the domain of plant varieties in the Vietnamese territory.
Where international agreements which the Socialist Republic of Vietnam has signed or acceded to contain provisions different from those of this Ordinance, such international agreements shall apply.
Article 3.- Interpretation of terms
In this Ordinance, the following terms are construed as follows:
1. A plant variety means a grouping of plants which are uniform and of a certain economic value, recognizable by the expression of the characteristics mandated by a genotype and distinguishable from any other plant groupings through the expression of at least one of the said characteristic, and heritable through repeated propagation.
Plant varieties used in agricultural production, forestry and aquaculture include seeds, tubers, fruits, roots, trunks, branches, leaves, saplings, grafts, buds, flowers, tissues, cells, spores, spawns, weeds, algae and microalgae.
2. A new plant variety means a plant variety newly selected, created or imported for the first time, which is distinct, uniform and stable but not yet on the list of plant varieties permitted for production and trading.
3. A protected new plant variety means a new plant variety which is granted the new plant variety protection title.
4. Plant gene source means whole living plants or living parts thereof carrying hereditary information, able to create, or take part in creating, new plant varieties.
5. Assay of a new plant variety means the process of monitoring and assessing under given conditions and for a given period in order to determine the distinctness, uniformity, stability, the value of cultivation and use of a plant variety.
6. Trial production means the process of producing a new plant variety which has been assayed and permitted for production in a given area under mass production conditions.
7. Expertise of a plant variety means the process of examining the quality of the plant variety batch under production right on fields or gardens in order to identify the variety properness, hereditary purity and the level of mixture with another variety or plant species.
8. Test of a plant variety means the process of analyzing the quality criteria of the variety samples in laboratories.
9. Pure seeds means seeds which retain stable hereditary characteristics through repeated propagation.
10. Authored seeds mean pure seeds selected and created by an author.
11. Super-prototypal seeds mean seeds propagated from authored seeds or restored from seeds which are produced according to the super-prototypal seed-restoring process and satisfy the prescribed quality standards.
12. Prototypal seeds mean seeds propagated from super-prototypal seeds and satisfying the prescribed quality standards.
13. Certified seeds mean seeds propagated from prototypal seeds and satisfying the prescribed quality standards.
14. Restoration of super-prototypal seeds means the process of selecting individuals, propagating and selecting the typical lines of a variety, ensuring its hereditary purity satisfying the standards of super-prototypal seeds.
15. Maternal plants means the best forest plants selected from natural forests, planted forests, variety forests or variety gardens for propagation.
16. Initial plants of perennial industrial plants, fruit trees or forest plants mean plants of a yield, quality, and resistance markedly higher than those of other plants of a variety grouping, which have been evaluated, selected and recognized for vegetative propagation.
17. Gardens of initial plants of perennial industrial plants, fruit trees, forest plants mean gardens vegetatively propagated from initial plants in service of variety production.
18. Gardens of forest plant varieties mean variety gardens planted according to a given plan with vegetative lines or nursed from seeds of the selected and recognized maternal plants.
19. Variety forests mean forests of variety plants propagated from maternal plants and grown not according to a given plan or transformed from natural forests or planted forests already evaluated, selected and recognized.
20. Varieties of genetically modified plants mean plant varieties bearing a new combination of genomes (ADN) obtained through the use of modern biological technologies.
21. Major plant varieties mean varieties of plant species commonly planted in big quantities and of a high economic value, which need to be strictly managed.
22. Counterfeit varieties mean varieties not true to the variety names, origins and grades inscribed on their labels; with their labels being identical or similar to those of other law-protected plant varieties, thereby causing confusion.
23. Propagating materials mean whole plants, weeds, algae, micro-algae or parts thereof such as seeds, tubers, fruits, roots, trunks, branches, leaves, saplings, grafts, buds, flowers, tissues, cells, spores, spawns, to be used for production of new plants.
24. Commercial novelty of plant varieties is understood as that such plant varieties have not yet been traded in the Vietnamese territory for one year, outside the Vietnamese territory for six years, for groups of timber trees and grapes, or for four years, for other plants, before the date of submission of protection registration applications.
25. Duplicates of new plant-variety protection titles mean second copies granted to the owners of new plant varieties in cases where the titles of protection of new plant varieties are lost for plausible reasons. Duplicates have the same contents and validity as the granted new plant variety protection titles.
Article 4.- Principles for activities related to plant varieties
1. The formulation of plant variety development strategies, plannings and plans must be in line with the overall socio-economic development plannings of the whole country and each locality.
2. The State protects the ownership and copyright over new plant varieties, promotes the autonomy and equality rights, protects the legitimate rights and interests of organizations and individuals engaged in plant variety-related activities.
3. To strictly manage the production and trading of major plant varieties.
4. To vigorously step up the socialization of plant variety-related activities; ensure sufficient good-quality varieties to meet the production development demands; ensure human health and protect the environment and the eco-system.
5. To apply scientific and technological advances to the research into, selection, creation, production and preservation of plant varieties; to combine modern technologies with people’s experiences.
6. To conserve and rationally exploit plant gene sources; ensure bio-diversity; harmoniously combine short-term with long-term benefits, ensure common interests of the entire society.
Article 5.- The State’s policies towards plant varieties
1. To ensure the development of plant varieties along the direction of industrialization and modernization on the basis of the plant variety development strategies, plannings and plans.
2. To prioritize investment in the following activities:
a/ Researching into, selecting and creating new plant varieties, preserving authored seeds;
b/ Conserving maternal plants, initial plants, variety gardens and variety forests;
c/ Investigating, collecting and conserving gene sources of precious and rare plants.
3. To encourage and support organizations and individuals engaged in agricultural production, forestry or aquaculture to use new plant varieties of high yield, good quality and resistance to pests and unfavorable production conditions, and satisfying market demands.
4. To encourage and create conditions for organizations and individuals to invest in collecting and conserving gene sources, researching into, selecting, creating, assaying, expertising, testing, producing, and trading in, plant varieties.
5. To encourage agricultural forestry and fishery promotion activities in order to quickly transfer plant variety-related technical and technological advances; to link research to production.
6. To support investment in material foundations and techniques in service of propagation and preservation of super-prototypal varieties, prototypal varieties, maternal plants, initial plants, forest plant variety gardens and variety forests.
Article 6.- Genetically modified plant varieties
The research into, selection, creation, experimentation, production, trading, use, international exchange of, and other activities related to, genetically modified plant varieties shall comply with the Government's regulations.
Article 7.- Responsibilities for State management over plant varieties
1. The Government performs the uniform State management over plant varieties.
2. The Ministry of Agriculture and Rural Development has the responsibility to perform the State management over agricultural and forest plant varieties nationwide.
The Ministry of Fisheries has the responsibility to perform the State management over aquatic plant varieties nationwide.
3. The ministries and ministerial-level agencies, within the scope of their tasks and powers, have the responsibility to coordinate with the Ministry of Agriculture and Rural Development or the Ministry of Fisheries in performing the State management over plant varieties.
4. The People's Committees at all levels have the responsibility to organize the performance of the State management over plant varieties in their localities.
Article 8.- Commendation
1. Organizations and individuals that record achievements in plant variety-related activities or record merits in detecting or stopping acts of violation of the law provisions on plant varieties shall be commended and/or rewarded according to the law provisions on emulation and commendation.
2. The State shall honor organizations and individuals that record outstanding achievements in the selection or creation of new plant varieties.
Article 9.- Prohibited acts
1. Trading in counterfeit varieties or plant varieties not up to the quality standards.
2. Producing, and trading in, varieties not on the list of plant varieties permitted for production and trading.
3. Destroying or misappropriating plant gene sources, illegally exporting gene sources of precious and rare plants.
4. Experimenting pests in areas under production of plant varieties.
5. Obstructing lawful activities of researching into, selecting, creating, assaying, expertising, testing, producing, or trading in, plant varieties.
6. Importing gene sources, producing, trading in, plant varieties which cause harms to production, human health, the environment and ecosystem.
7. Publicizing untrue quality standards of, misleading advertisements for, or false information on, plant varieties.
8. Infringing upon the rights and legitimate interests of plant variety authors or owners of new plant variety protection titles.
9. Other acts as provided for by law.
Tìm kiếm
Pháp lệnh 15/2004/PL-UBTVQH11 (Bản Word)