Chương 6 Pháp lệnh 15/2004/PL-UBTVQH11: Quản lý chất lượng giống cây trồng

Chapter VI

MANAGEMENT OF THE QUALITY OF PLANT VARIETIES

Article 42.- Principles of management of the quality of plant varieties

Organizations and individuals producing and/or trading in plant varieties must bear responsibility for the quality of the plant varieties they produce and/or trade in through publicizing the quality standards and the conformity of the quality of plant varieties with the standards.

Article 43.- Quality standards of plant varieties

1. The system of quality standards of plant varieties consists of:

a/ Vietnamese standards;

b/ Branch standards;

c/ The unit's standards;

d/ International standards, regional standards, foreign standards applied in Vietnam.

2. The competence to promulgate the lists of plant varieties subject to the application of standards is prescribed as follows:

a/ The Ministry of Science and Technology promulgate the list of plant varieties subject to the application of Vietnamese standards;

b/ The Ministry of Agriculture and Rural Development, the Ministry of Fisheries promulgate the lists of plant varieties subject to the application of branch standards.

Article 44.- Publicization of quality standards of plant varieties

1. Organizations and individuals producing and/or trading in plant varieties on the lists stated at Point a, Point b, Clause 2, Article 43 of this Ordinance must publicize the quality standards of the plant varieties which they produce and/or trade in; the publicized standards must not be lower than the standards prescribed at Point a, Point b, Clause 1, Article 43 of this Ordinance.

2. The State encourages organizations and individuals to voluntarily publicize the quality standards of plant varieties which are not on the lists stated at Point a, Point b, Clause 2, Article 43 of this Ordinance.

3. The order and procedures for publicizing the quality standards of plant varieties shall comply with the law provisions on goods quality.

Article 45.- Publicization of the quality standard conformity of plant varieties

1. Organizations and individuals producing
and/or trading in plant varieties, when publicizing the quality standard conformity, must base themselves on the following grounds:

a/ The quality certification results of the expertising, testing establishments, for plant varieties on the lists of plant varieties subject to quality standard conformity certification prescribed in Clause 2, Clause 3 of this Article;

b/ The results of evaluation by the organizations, individuals themselves or the results of evaluation by the expertising, testing establishments, for plant varieties not on the list of plant varieties subject to quality standard conformity certification prescribed in Clause 2, Clause 3 of this Article.

2. The Ministry of Science and Technology shall promulgate the list of plant varieties subject to certification of quality conformity with Vietnamese standards.

3. The Ministry of Agriculture and Rural Development, the Ministry of Fisheries shall promulgate the lists of plant varieties subject to certification of quality conformity with branch standards.

4. The order and procedures for publicizing the quality standard conformity of plant varieties shall comply with the law provisions on goods quality.

Article 46.- Expertising, testing of the quality of plant varieties

1. The expertising, testing of the quality of plant varieties shall be conducted by the establishments providing expertising, testing services.

2. The establishments providing plant variety quality-expertising, -testing services must fully satisfy the following conditions:

a/ Having adequately equipped expertising laboratories satisfying the plant variety-expertising, -testing requirements;

b/ Having equipment and facilities for controlling environmental conditions satisfying the plant variety-expertising, -testing requirements;

c/ Having or hiring technicians who have been granted the certificates of training in expertising, testing plant varieties.

3. The establishments providing plant variety quality-expertising, -testing services must bear responsibility for the results of expertise, tests conducted by themselves.

4. The expenses for expertising, testing shall be paid by the expertise-, testing-requesting organizations, individuals.

5. The Ministry of Agriculture and Rural Development, the Ministry of Fisheries shall recognize and manage the establishments providing plant variety quality-expertising, -testing services.

Article 47.- Quarantine of plant varieties

Organizations and individuals selecting, creating, producing, trading in, and using plant varieties must comply with the law provisions on plant protection and quarantine.