Chapter III
RECOGNITION OF CULTIVARS AND CULTIVAR SOURCES; MANAGEMENT OF MAJOR FOREST TREE CULTIVAR MATERIALS
Section 1. RECOGNITION OF FOREST TREE CULTIVARS
Article 6. Criteria for recognition of a forest tree cultivar
1. The cultivar has undergone a test or a trial as prescribed in Articles 7 and 8 of this Circular.
2. The testing result shows that the cultivar has satisfied national standard for recognized cultivars or the trial result shows that the cultivar produces yield higher than or equal to and has quality better than or equal to the cultivar of the same species or recognized species planted in the same ecological zone.
3. The Vietnam Administration of Forestry applies for recognition of the cultivar.
Article 7. Testing for forest tree cultivars
1. Cultivars to be tested are forest tree cultivars domestically selected and produced; forest tree cultivars that have not yet been recognized or have been imported for the first time.
2. Regarding testing methods, species test, origin test, progeny test and clonal test shall be done.
3. Regarding tested items, Value of Cultivation and Use Testing (VCU testing) shall be done to assess yield, quality and resistance to pests and adverse conditions according to national testing standards.
Article 8. Forest tree cultivar planting trial
1. Cultivars to be undergone a trial: native cultivars, forest tree cultivars that have not yet been recognized or have been imported for the first time and produce high yield and have high quality in the exporting country, have clear origin and are relevant to local ecological conditions.
2. The planting trial area is from 02 ha to 05 ha.
3. The fast-growing species and slow-growing species trial shall be assessed 03 years and 06 years respectively after they are planted. The trial of non-timber forest plants that have products shall be assessed during the period the 02 successive crops are harvested.
Article 9. Procedures for recognition of forest tree cultivars
1. The Ministry of Agriculture and Rural Development shall recognize forest tree cultivars.
2. An application for recognition of a forest tree cultivar includes:
a) An application form (Form No. 01 in the Appendix II hereof);
b) A report on cultivar test or cultivar planting trial results (Form No. 02 in the Appendix II hereof);
c) Documents about imported cultivar, including information about its yield, quality, ecological conditions of the planting area or trial area in the exporting country.
3. Applicants shall submit the application by post or through public postal services or online.
4. Procedures:
a) Any organization or individual that wishes to apply for recognition of a forest tree cultivar shall submit an application specified in Clause 2 of this Article to the Vietnam Administration of Forestry. If the application is unsatisfactory, within 03 working days from the receipt of the application, the Vietnam Administration of Forestry shall directly instruct or instruct the applicant in writing to complete the application;
b) Within 15 working days from the receipt of the satisfactory application, the Vietnam Administration of Forestry shall establish an appraisal council to appraise the application, carry out a site inspection, prepare and submit an appraisal report to the Ministry of Agriculture and Rural Development. The appraisal council includes experts, scientists and representatives of regulatory authorities;
c) Within 03 working days from the receipt of the appraisal report, the Ministry of Agriculture and Rural Development shall decide to recognize the forest tree cultivar according to the Form No. 03 in the Appendix II and Section A Appendix III hereof, issue the decision on recognition of the forest tree cultivar to the applicant or respond and provide explanation in writing in case of rejection of the application.
Article 10. Invalidation of the decision on recognition of a forest tree cultivar
1. A decision on recognition of a forest tree cultivar shall be invalidated in the following cases:
a) The forest tree cultivar is degraded or its yield or quality is reduced, thereby failing to satisfy national standards for recognized cultivars;
b) The cultivar fails to serve forest planting demands and purposes.
2. The Vietnam Administration of Forestry shall carry out an assessment and request the Minister of Agriculture and Rural Development to invalidate the recognition decision and notify the cultivar owner and relevant authorities.
Section 2. RECOGNITION OF FOREST TREE CULTIVAR SOURCES
Article 11. Criteria for recognition of a forest tree cultivar source
1. The source satisfies national standards for recognized cultivar sources.
2. The Forest Protection Sub-department applies for recognition of the source.
Article 12. Procedures for recognition of forest tree cultivar sources
1. Provincial Departments of Agriculture and Rural Development shall recognize forest tree cultivar sources.
2. An application for recognition of a forest tree cultivar source includes:
a) An application form (Form No. 04 in the Appendix II hereof);
b) A technical report on cultivar source test (Form No. 05 in the Appendix II hereof).
3. Applicants shall submit the application by post or through public postal services or online.
4. Procedures:
a) Any organization or individual that wishes to apply for recognition of a forest tree cultivar source shall submit an application specified in Clause 2 of this Article to the Forest Protection Sub-department. If the application is unsatisfactory, within 03 working days from the receipt of the application, the Forest Protection Sub-department shall directly instruct or instruct the applicant in writing to complete the application;
b) Within 15 working days from the receipt of the satisfactory application, the Forest Protection Sub-department shall establish an appraisal council to appraise the application, carry out a site inspection, prepare and submit an appraisal report to the provincial Department of Agriculture and Rural Development. The appraisal council includes experts, scientists and representatives of regulatory authorities;
c) Within 03 working days from the receipt of the appraisal report, the provincial Department of Agriculture and Rural Development shall decide to recognize the cultivar source according to the Form No. 06 in the Appendix II and Section B Appendix III hereof, issue the decision on cultivar source recognition to the applicant or respond and provide explanation in writing in case of rejection of the application.
5. A decision on recognition of a forest tree cultivar source remains valid for:
a) 15 years, regarding the cultivar garden;
b) 07 years, regarding the planted cultivar stand;
c) 05 years, regarding the transformed cultivar stand and selected forest stand;
d) 10 years, regarding the plus tree and hedge orchard that provides propagating materials;
dd) 03 years, regarding the hedge orchard that provides cuttings.
6. After the effective period specified in Clause 5 of this Article, if wishing to keep using a cultivar source, it shall be re-assessed and re-recognized as prescribed in Clauses 1, 2, 3, 4 and 5 of this Article. The hedge orchards that provide cuttings shall not be re-recognized.
Article 13. Invalidation of the decision on recognition of forest tree cultivar sources
1. A decision on recognition of a forest tree cultivar source shall be invalidated in the following cases:
a) The cultivar source is degraded or its yield or quality is reduced, thereby failing to satisfy national standards for recognized cultivar sources;
b) The cultivar source fails to serve forest planting demands and purposes.
2. The Forest Protection Sub-department shall carry out an assessment and request the provincial Department of Agriculture and Rural Development to invalidate the recognition decision and notify the cultivar source owner and relevant authorities.
Section 3. MANAGEMENT OF MAJOR FOREST TREE CULTIVAR MATERIALS
Article 14. Requirements for major forest tree cultivar materials
1. Regarding seed lots, they must be harvested from the recognized cultivar source that has an effective recognition decision and the seed quality must satisfy national standard for seeds.
2. Regarding bottled tissue culture cultivars, they must be produced from recognized cultivars and satisfy national standard for bottled tissue culture cultivars.
3. Regarding cultivar lots, they must be produced from bottled tissue culture cultivars or propagating materials harvested from a recognized cultivar source that has an effective recognition decision and satisfy national standard for cultivars.
Article 15. Documents about major forest tree cultivar materials
1. Documents shall be composed of:
a) Documents about a seed lot include a packing list of seed materials, photocopy of the decision on seed source recognition; dispatch note and invoice specifying seed weight and number of the seed source;
b) Documents about bottled tissue culture cultivars include a packing list of cultivar materials, photocopy of the decision on cultivar recognition or cultivar sales contract; dispatch note and invoice specifying weight of bottled tissue culture cultivars and names and number of cultivars;
c) Documents about a cultivar lot include a packing list of cultivar materials and other relevant documents about origin of propagating materials used to produce cultivars (invoice, dispatch note and decision on cultivar source recognition).
2. Any producer or trader of forest tree cultivars shall make a packing list according to the Forms No. 07, 08 or 09 in the Appendix II hereof and be responsible to the lawsoft for the accuracy of origin of cultivar materials provided in the packing list.
Article 16. Publishing of standards for major forest tree cultivars
Producers and traders of major forest tree cultivars shall develop applicable standards, provided that they are not lower than the national standard.
Article 17. Management of production and trading in major forest tree cultivar materials
1. Producers and traders shall be responsible to the quantity and quality of their cultivar materials.
2. Producers and traders shall transfer documents concerning cultivar materials to customers upon dispatch and sale to serve the transport, circulation and use thereof.
3. Packing lists of cultivar materials and documentary evidences for origin of lawful cultivar materials must be retained by producers, traders and users of cultivars.
Tìm kiếm
Thông tư 30/2018/TT-BNNPTNT Danh mục cây trồng lâm nghiệp chính công nhận giống nguồn giống (Bản Word)
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