Circular 16/2013/tt-Bnnptnt: Instructions On Protection Of Rights To Plant Varieties

Original Language Title: Thông tư 16/2013/TT-BNNPTNT: Hướng dẫn về bảo hộ quyền đối với giống cây trồng

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AGRICULTURE AND RURAL DEVELOPMENT
Number: 16 /2013/TT-BNPTNT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 28, 2013

IT ' S SMART

Guide to the protection of the crop.

Base of Protocol 01 /2008/NĐ-CP 03 January 2008 of the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Agriculture and Rural Development; the Decree. 75 /2009/NĐ-CP 10 September 2009 of the Government on the revision of the Third Protocol. 01/2008/ND-CP January 03, 2008 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Agriculture and Rural Development; the National Intellecintelligence Property Law Base. 50 /2005/QH11 November 29, 2005; The Amendment Law, which complements some of the provisions of the Digital Intelligence Property Law 36 /2009/QH12 June 19, 2009;

Base of Protocol 88 /2010/NĐ-CP August 16, 2010 by the Government Regulation, guidelines for the implementation of several of the provisions of the Law Intellectual Property Law and Amendment Law, which complements some of the provisions of the Intellecintellectual Property Law on the breed and the Digital Protocol. 98 /2011/ND-CP October 26, 2011 of the Government amended, compleming some of the provisions of agricultural decrees;

Base of Protocol 105 /2006/NĐ-CP on September 22, 2006 of the Government Regulation and guidelines for the implementation of some of the provisions of the Intellecintellectual Property Law on the protection of intellectual property rights and state management of intellectual property and Protocol No. 1. 119 /2010/ND-CP December 30, 2010 of the Government amended, complements some of the Articles of the Digital Protocol 105 /2006/NĐ-CP; At the suggestion of the Director of the Bureau of cultivation; the Minister of Agriculture and Rural Development issued a Guide to the Protection of Rights on the breed.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information instructs a number of content to establish access to the cultivable breed, which represents the cultivable breed, which oversees the rights to the cultivable plant and the conservation of the cultivable breed.

What? 2. Subject applies

This information applies to:

1. Organization, individual Vietnam;

2. Organization, individual foreign individuals are the subjects assigned at paragraph 18 Article 1 of the amended Law, which adds some of the provisions of the Intellecintellectual Property Law.

What? 3. Explain words

In this message the words below are understood as follows:

1. Choose a crop-like process, mutants, or other methods of creating artificial variations and selection to find variation in accordance with the requirements of the production.

2. detect and develop the cultivable tree:

a) The discovery is the selective activity that finds natural variation available in the population a crop breed or finding out the new gene source is available in the wild;

b) Development is the process of multifactor and evaluation to select a variation or gene source in accordance with the requirements of the production.

What? 4. The legal representative, represented by the commission of the bill

1. The legitimate representative of the prescribed holder at paragraph 2 Article 3 Decree No. 88 /2010/NĐ-CP include:

a) The case of the application is the organization, the individual Vietnam: the representative under the law, the representative under the commission of the single holder or the organization of the service representing the rights of the plant according to the copyright of the bill;

b) The main case is the organization, the foreign individual based, the permanent address in Vietnam or having a manufacturing base, the plant-like business in Vietnam: the head of the representative office or head of branch in Vietnam or its service organization. It represents the right to the right of the plant.

c) The main case is the organization, the foreign individual who is not based, the permanent address in Vietnam or without a manufacturing base, the plant-like business in Vietnam: the organization of the service that represents the breeding of the breed according to the copyright of the subject.

2. Representative under the commission of the executive order conduct procedures on the protection of the cultivable tree according to the law of the mandate; the denominated license at Appendix 1 of this Information.

What? 5. Processing the third person ' s objection.

1. Since the date of the protection of the protection announced on the Website of the New Growers Office or Agricultural Journal and Rural Development to before the day of the signing of the Protection Decision, any third person has the right to submit an opinion against it. to the Department of Cultivation for the right to register, the right to precede, protect protection and other issues related to the acceptance of a plant-like protection application.

2. The third person ' s objection must be made in accordance with the prescribed pattern at Appendix 2, accompanied by the theory of the base, the reason for the objection, the other evidence (if any) sent back to the Farm Bureau.

3. Presentation, time of resolution:

a) During the thirty (30) days of work since the date of receiving the opinion of the third person, the Farm Bureau informed the applicant to register for protection;

b) The applicant for the protection of the protection is responsible for answering by writing to the Farm Bureau in the thirty (30) days of work since the date of the signing of the Farm Bureau;

c) In the fifteen (15) days of work since the date of receiving an opinion of the applicant ' s response to the protection of the protection, if necessary, the Farm Bureau may hold face-to-face dialogue between the third person and the applicant register for the protection or notification. the response to the third;

d) The third person was responsible for answering by writing to the Farm Bureau for a maximum period of thirty (30) days of work since the date of the signing of the Farm Bureau;

The case with enough grounds to conclude a third person 's opinion is that there is no basis: in the term of fifteen (15) days of work since the date of receiving the third person' s reply, the Farm Bureau must inform the third person about refusing to review, may have a chance. Tell me why.

e) The case is not yet grounded enough to conclude the third person 's opinion is that there is no basis: in the thirty (30) days of work since the date of receiving the third person' s reply, the Farm Bureau informed the third person to ask the Court to settle under the procedure. Civil service. In the thirty (30) days of work since the announcement, if not receiving a third person's written reply to the Court's application, the Bureau of Cultivation considered the third person to withdraw the objection. If the third person's reply was received, the Farm Bureau halted the handling of the application register to await the outcome of the Court's dispute. After receiving the results of the resolution of the Court, the handling of the application register will be conducted in accordance with that result and written notice to the third person in the fifteen (15) days of work.

What? 6. The cultivable tree is widely known and the new character of the crop.

1. The cultivable tree of the same species as a protonated breed is considered a widely known crop breed belonging to one of the following cases:

a) The cultivar of which the breeding material or the harvesting material of the breed has been used extensively on the Vietnamese market or in any country at the time of filing for the protection of the protection;

b) The cultivable plant is either protected or recognized for testing, officially recognized or named in the Cultivation Tree Breed Catalogue is allowed to produce, business in Vietnam or in any country;

c) The cultivable tree is subject to a new crop-like protection application or a new plant-like application or registration application or registration application in Vietnam or in any country, if these applications are not rejected.

2. The cultivable tree is considered to be no new and is not eligible to be registered for protection after twelve (12) months from the same date as the name in the Cultivation Tree Breed Catalogue is allowed to produce, business in Vietnam.

What? 7. Performance, form of reception, where reception, date of filing, records of the protection of rights to the cultivable tree breed

1. The nanny for the protection of the right to the cultivable tree:

a) The affidavit signed for a transfer of the rights to the cultivar in Appendix 3;

b) The affidavit requires mandatory transfer of the use of the plant to the template at Appendix 4 of this Smart;

c) The protective tree-like protection pattern in Annex 14 of this Smart;

d) Other symbols are regulated at Articles 4 to Article 35 of this Information.

2. The new tree-like Protection Office receives the application, records of tree-like protection in one of the following forms:

a) Take it directly;

b) Receive the post office.

3. Where to receive and pay off the menu, records of tree-like protection at the New Plant Protection Office-The Bureau of Cultivation, address: No. 2 Ngoxia-Three Families-Hanoi, telephone: (04) 38435182, fax: (04) 37342844, email: pvpvietnam@mard.gov.vn, Website: pvpo.mard.gov.vn.

4. The filing date is the date of the application of the newly adopted plant-like Protection Office under the provisions at paragraph 2 Article 175 IntellecIntellecum Property Law.

What? 8. Charge, charge for protection of rights to crops

a) A fee, the fee associated with the protection of rights to the breed of plant execution by regulation at the Digital Information 180 /2011/TT- BTC December 14, 2011 of the Ministry of Finance provided for the degree of revenue, revenue, filing, management and use of fees, fees in the field of cultivation and forestry;

b) The participant in the training on the representation of the right to the cultivable tree breed or vocational training of the authority over the cultivable breed must pay the cost of training.

Chapter II

DEFINE RIGHTS TO CROP BREEDS

What? 9. Recorder for the registration of protection and authority, transfer of the protection

1. Document in the Protection Registry

The document in the Protection Registration application is prescribed at Article 273 Intellecintelligence Property Law and Article 8 Digital Protocol 88 /2010/NĐ-CP The instructions are as follows:

a) The affidavit registers a tree-like protection in Appendix 5 of this Information;

b) The technical testimony DUS according to the sample at the DUS survey of each plant species;

c) A copy of the receipt of a toll, fee, or fax of proof that the proof has shifted money into the account of the Farm Bureau;

d) The license to follow the template at Appendix 1 of this Notice (if the application through representation);

A minimum of 3 color images showing 3 characteristic features of the breed, size 9cm x 15 cm;

2. The notification accepts the registration of the tree-based plant protection application at Appendix 6 of this Information.

3. The Bureau of Cultivation Bureau decided to grant a plant-like protection, the registration certificate contracted to transfer the breed to the cultivable breed in the event of a plant-like protection.

What? 10. Modified, Supplemated to the Protection Registry

1. Before the Cultivation Bureau issued a single rejection notice, the notice accepted the application; the decision to grant a degree of protection or notice of refusal to grant a degree of protection, the applicant has the right to offer or at the request of the Bureau of Plantation Corrections. The name of the applicant, the breed author, the plant-like name or renaming of the cultivant; the amendment, the addition of the documents in the single, but does not alter the nature of the single. The case of the applicant when changing the nature of the application (changes to the owner, the breed author, the subscribed breed) then must submit the application from the beginning as specified.

2. The applicant has a proposal to modify, the single addition must submit 1 set of records to the Farm Bureau. Profile:

a) The affidavit requires the amendment, the single addition to the template at Annex 7 of this Information;

b) The physical or original copy of the appearance to reference: The decision to change the name, address or license to register the business that records the change of name, address or other legal documents that demonstrate the change of name, the applicant address, the author. Tree-like (case of error correction of the name, address of the applicant, plant-like author);

c) The solution of the breed name change (case modification case);

d) The new document was modified, accompanied by the revised content details of the revised content compared to the original document in the submitted application (the case of modification, the addition of the documents in the application);

b) A template-based authorization certificate at Annex 1 of this Information (case of change of representation);

e) The copy of the receipt of the receipt, the fee, or the fax paper that proves to have shifted money into the account of the Farm Bureau.

3. Presentation, time of resolution:

a) In the period of the year (05) the day of work since the filing date, the Cultivation Department determines the completa as prescribed by the file, sending additional requirements in the case of incomplete records;

b) During the thirty (30) days of work since the Bureau of Plant received full records by regulation, the Bureau of Cultivation Bureau signed the acceptance of the amendment, invoking the application and published on the Website of the New Plant-like Protection Office during the period. Five (05) of working days, since the date of the signing of the paper or in the Journal of Agriculture and Rural Development. The unresolved case, written by text, states the reason.

What? 11. Transfer of Warranty Filing

1. The cultivable plant that has not been filed by the owner of the registry after being transferred to the ownership of the organization, the other person pursues to the rule of law, the recipient of the transfer has the right to submit that protection registration under the rules.

2. Documents in the prescribed protection application at paragraph 1 Article 9 of this, and the addition of a document that proves the right to apply is the contract to transfer the ownership of that plant (the main copy or copy of the certificate) in Vietnamese or must There are Vietnamese translations, each page must have a signature signature of the parties or the receipt.

What? 12. Transfer of a secured subscription

1. Before the Cultivation Bureau issued a single rejection notice, the acceptance notice; the decision to grant a degree of protection or notification of rejection of a plant-like protection, the holder has the right to transfer the application of the protection of the crop to the other. The recipient of the registration of the subscription becomes the subject. The transfer of the protection application is made into a contract by regulation at paragraph 2 Article 25 of the Decree. 88 /2010/NĐ-CP.

2. The single (party transfer of the security register) file 01 sets of records for the Farm Bureau. Profile:

a) The affidavit registers the contract for the registration of the warranty on a template at the Annex 3 of this.

b) Contract (s or copy of the certificate) in Vietnamese or must translate into a Vietnamese language, each page must have a confirmation signature of the parties or the receipt sign;

c) The agreed text of the co-owners, for the case of crops of the common possession;

d) A copy of the receipt of a toll, fee, or fax copy of the proof that the proof has shifted money into the account of the Farm Bureau;

In case, the plant-like case created by a state budget must supplement the document that proves the transfer is done in accordance with the provisions of Article 27 of the number. 88 /2010/NĐ-CP.

3. Presentation, time of resolution:

a) During the year (05) day of work since the filing date, the Bureau of Plant determines the full calculation of the prescribed profile. In the case of incomplete records, the Department of Cultivation Announced the shortcomings of the transfer offer record, set a 30 (30) date of work from the date of the signage to the applicant to correct the revisions and opinions of feedback. Too long, if the applicant is not repaired, the Department of Cultivation has issued a statement saying it is clear.

b) During the thirty (30) days of work since the Bureau of Plant received full records by regulation, the Bureau of Cultivation Bureau signed the acceptance of the invoice and published on the Website of the new plant-like Protection Office. the year (05) working day since the signing date or in the Journal of Agriculture and Rural Development.

What? 13. Specify and check the organization ' s operation, the individual DUS testing is indicated.

1. Organization, individual qualified by regulation at paragraph 1 Article 1 Resolution No. 1 98 /2011/ND-CP and respond to a specific requirement at the DUS testing process for each plant species, sending one (01) a case of the Department of Cultivation Crop recommended for the implementation of the DUS experiment. Profile:

a) The proposed application is designated a DUS test by the prescribed pattern at Annex 8 of this Information;

b) The established decision or a Certificate of Business Registration, or the Investment License of the organization; proof of the people or passport of the individual (a copy of the certificate or the original release to the passport).

2. The sequence, time of resolution:

a) In the period of the year (05) working days since the filing date, the Farm Bureau determines the completum as specified by the profile, the additional instructions in the case of incomplete records by regulation;

b) During the thirty (30) days of work since the Bureau of Plant received full records by regulation, the Bureau of Cultivation Department was established by the Bureau of Cultivation Department of 2-03 at the site of the conditions that carried out the cultivation of DUS.

c) In the period of ten (10) days of work after the Bureau of Cultivation Received the appraisal of the appraisal and the remediation report of the organization, the individual registered the examination, the Bureau of Cultivation Department signed the decision to specify the organization, the individual surveyed. DUS is cultivable; it is announced on the Website of the new plant-like Protection Office for the period of year (05) working day since the date of the decision. The unresolved case, written by text, states the reason.

d) The validity of the decision specified is ten (10) years. Prior to the expiration of the ninety (90) days, the organization, the individual who wanted to be redesignated must submit a proposed application under the prescribed form at Appendix 8 of this index. The proposed base, which results in operational testing during the specified time, the Bureau of Cultivation Bureau has decided to reorder or not reorder the organization, the individual DUS, the plant-like experiment, states the reason.

3. The organization ' s operational examination, the individual DUS testing is designated.
a) The frequency of inspection is at least 2 years per time, except for the case of a breakthrough examination;

b) The Director of the Department of Plant Affairs established a 2-3 inspection team that conducted inspection at the site;

c) Control at the site performed at the DUS laboratory and at least one (01) DUS test experiment. The test results are the base for maintaining, warning, suspension, cancellation of the validity of the designation decision;

d) The examination content: examination of the suitcases of the organization, the individual of the DUS experiment with the specified conditions; the suitcases of the experimental experiment with the DUS examination; the profile and the results of the examination;

In the event of the organization, the individual of the experiment was wrong to take immediate action and report the results of the Farm Bureau at the time specified by the inspection.

The Bureau of Cultivation was able to rectify the basis of the foundation according to the organization's remediation report, the individual DUS; when necessary, the organization was rechecked in place.

4. appraisal of the appraisal, compile a template on Appendix 9; report remediation in accordance with the prescribed pattern at Annex 10 of this Information.

What? 14. The rights and obligations of the organization, the individual designated for technical testing (DUS)

1. The Rights of the organization, the individual who is designated the DUS experience:

a) To conduct an examination on the basis of a contracting contract with the organization, the individual has a designated crop of the designated plant;

b) Are harvested by the state or by agreement with the organization, the individual has the same test if there is no state regulation;

c) The refusal to provide information concerning the results of the examination for the third party, except for the case of the state agency of the required authority.

2. The organization ' s obligation, the individual DUS testing is specified:

a) the conditional response stipulated at Article 16 of the number of Protocol 88 /2010/NĐ-CP modified;

b) Implemendation of the prescribed DUS survey at paragraph 3 Article 15 Digital Protocol 88 /2010/NĐ-CP;

c) Perform the DUS experience in the specified range. Do not refuse to experiment when there is no correct reason;

d) On the basis of the scope of the examination, construction of specific experimental procedures for each object to the Department of Plant Cultivation and informing the organization, the individual registering the survey;

Guaranteed public, transparent, independent, objective, accurate, and not discriminated against in experimental activities;

e) To the Farm Bureau reporting the results of a sample survey results at Annex 13 of this index, in the forty-five (45) days of work since the end of the examination; reports all changes have an impact on the operational capacity specified in the period. Fifteen (15) days from the day of the change;

g) Pay the retrial fee for the applicant by regulation at paragraph 4, paragraph 5 Article 15 Digital Protocol 88 /2010/NĐ-CP;

h) accountable to the law of the results of the survey conducted by the organization itself, that individual is taken; under examination, the inspector of the state agency has jurisdiction.

What? 15. Warning, suspension, recovery and cancellation of the validity of the specified decision. The results of the inspection, the inspector, the Bureau of Public Affairs, decided:

1. Warning at the organization, the individual of the test is specified to have errors but has not yet affected the results of the experiment.

2. The suspension of the decision specified in the case has a technical error but is able to overcome and have yet to cause serious consequences:

a) The action to rectify in the audit editor is not fully implemented;

b) The opinions of the complaint about the results of the experiment are due to the failure of the organization, the individual of the experiment but not remedied;

c) Do not implement the specified report mode at the point 2 Article 14 of this Information.

3. Restart the validity of the decision specified when the errors have been remedied.

4. Huxiu disabling the validity of the decision decision in the event of the organization, the individual experienced a serious error: not responding to regulatory conditions at paragraph 3 Article 15, Article 17 Digital Protocol 88 /2010/NĐ-CP or publish the untrue results of the experiment.

In the time of one (01) years from the day the Bureau of Cultivation Bureau decided to cancel the designation, the organization, the individual, the experiment was not conducted. If there is a need for an examination, the registration must be registered again as specified in paragraph 1, 2 Article 13 of this Information.

What? 16. DUS Survey performed by the applicant

1. In addition to the prescribed documents at Article 273 Intellecological Property Law, the applicant self-implementation of the DUS experiment on its breed must submit to the Department of Cultivation of the following documents:

a) The manifest detailed condition to be self-tested in accordance with the Appendix 11 of this Smart, in accordance with the specific requirement at the DUS survey scale for each plant species;

b) The sample-based survey plan at Appendix 12 of this Smart.

2. The Farm Bureau considers the case, when it is required to check in the field, informing the applicant to be self-examined for the breed registration breed at the notification of acceptance of the prescribed application at paragraph 2 Article 9 of this.

3. During the thirty (30) days of work since the date of the notification sign allows for self-examination, if there is a change of the application plan the applicant must report by text to the Department of Cultivation.

4. During the forty-five (45) days of work since the end of the survey, the applicant sent the Farm Bureau to report the results of the sample survey results at Annex 13 of this Information.

5. Checkpoint

a) The cultivation department established the inspection team from 02-03 people, including at least 01 (a) expert of the designated DUS research agency or specialized research body for that plant;

b) The test review evaluation of the DUS experiment experiment at least one (01) at the time of the appropriate DUS examination.

c) The examination content: the response of the organization, the individual versus the regulation of self-examination; the implementation of the examination compared to the scope of the survey and the results of the examination;

d) The audit editor at the prescribed site at Appendix 9; the audit editor was a base for the Bureau of Cultivation Cultivation which reported the results of the DUS test results by the applicant and saved in the survey results appraisal. The DUS.

6. Process test results

a) The organizational case, the self-examined individual has errors but has not affected the results of the experiment, has to take immediate action and report the results of the Cultivation Department in Appendix 10.

b) The organizational case, the individual who examined the serious error as the 4 Article 15 of this message, asked for an end to the self-examination to choose the other form of the study for the breed registry.

What? 17. The period of breed filing, management and use of crop varieties

1. The period of breed filing, management and use of crop varieties is done according to the Digital Information 41/2009/TT-BNPTNT July 9, 2009 regulations on management and use of crop varieties.

2. In a maximum of 1 (01) years from the date of a valid application, if the applicant does not submit the breed template, the application is rejected.

What? 18. Corrects of plant-like protection

1. The protection holder has the right to recommend the Farm Bureau change, corrects the error of the name and address of the security master.

2. The protoners have a proposed amendment by the protection of a file (1) file for the Farm Bureau. Profile:

a) The affidavit recommends a revision of the protection by the template at Annex 15 of this Information;

b) Self-preservation;

c) The copy (which has a certificate or a program itself to show) the decision to change the name, address or a Business Registration License that records the change of name, address or other legal documents that demonstrate the change of name, address of the security holder. -

d) Mandate papers (if filing through representation);

The copy of the receipt of the receipt of a fee or a fax of papers proved to be transferred into the account of the Farm Bureau.

3. Presentation, time of resolution:

a) During the period of three (03) days of work since the filing date, the Cultivation Bureau determines the completething according to the provisions of the profile, sending the additional request message in the case of incomplete records by regulation;

b) In the fifteen (15) days of work since receiving the full profile by regulation, the Bureau of Cultivation Bureau signed the decision to amend the plant-like protection, noted the National Register and published on the Website of the Office of the Same Protection Office. new crop during the year (05) day of work since the date of the decision or in the Journal of Agriculture and Rural Development. The unresolved case, written by text, states the reason.

4. Cases of plant-like protection blamed by the Farm Bureau the Farm Bureau must grant protection in three (03) days of work since the date is required (not revoking the fees issued by the Protection).

What? 19. Level of plant-like protection

1. The protection owner has the right to recommend the Department of Cultivation Cultivation in protonation in the following circumstances:

a) The protection is lost;

b) The protection is broken, torn, dirty, fading to the point of not being used.

2. The protonitum has a proposal to grant the submission by the protection of a one (01) case set for the Department of Cultivation. Profile:

a) The affidavit requires a degree of protection as a template at Annex 16 of this Information;

b) the authorization paper (if filing through representation);

c) A copy of the receipt of a toll, fee, or fax of proof that the proof has shifted money into the account of the Farm Bureau;

d) By protective, tear, dirty, faded.

3. Presentation, time of resolution:

a) During the period of three (03) days of work since the date of the filing, the Cultivation Bureau determines the completa as prescribed by the file, sending additional requirements in the case of incomplete records by regulation;

b) During the fifteen (15) days of work since receiving the full profile by regulation, the Bureau of Cultivation Department signed the decision to re-issue the tree-like protection, noted the National Register. The unresolved case, written by text, states the reason.

What? 20. Suspation of the plant-like protection.

1. During the validity of the protective degree, any third party has the right to send one (01) the filing order filing order suspenseing the Department of Protection for the Farm Bureau on grounds that the protected crop is not responding to the consistency and stability as at the time. Level 1 Article 7901 Intellecintelligence Property Law. Profile:

a) The proposal for a suspension of the effect by the protection is to be a template at Annex 17 of this Information;

b) The document, proof that the crop breed does not meet the consistency and stability as at the time of the protection level;

c) The receipt of receipt of the receipt of the search bill and the fax paper that proved to have shifted money into the account of the Farm Bureau.

2. The sequence and time of resolution

a) Within thirty (30) days of work since the date of receiving a request for suspension of the plant-like protection of any third party, the Farm Bureau must complete the verification of the information stated in the order; if there is sufficient base, the project is expected. The suspension for the owner of the tree-like protection; if not enough, then notify the third party and specify the reason. Requiring a suspension of the cultivable tree-like protection must be expressed in writing accompanied by evidence that the crop breed does not meet the identity and stability as at the time of the protonation of the protection and the return of the examination fee;

b) After thirty (30) days of work since the announcement of the announcement of the suspension of the plant protection agency the owner of the plant-like protection was not alone, the Department of Cultivation signed the decision to suspend the force with the protection of crops and pine. Let's go to the third party. The suspension of the suspension dates from the signing date of the decision to suspend the force by protection and was published on the website of the new plant-like Protection Office or in the Journal of Agriculture and Rural Development;

c) The case-based conservation-like protection case, within thirty (30) days of work has since received a protest, the Cultivation Department requires the protection holder to carry out the examination procedures as stipulated at paragraph 4 Article 15 of the order. Protocol. 88 /2010/NĐ-CP; The examination is due to the regulatory agency at the point of paragraph 1 Article 15 of the Decree. 88 /2010/NĐ-CP Do it.

If the results of the experiment show that the crop does not meet the consistency or stability as at the time of the degree, in the thirty (30) days of work since the date received the results of the results, the Farm Bureau is suspended as a result. rules at this b point and return the retrial fee to the person who requires the suspension to be valid by the protection.

If the results of the experiment show that the cultivating of the crop meets the consistency or stability as at the time of the degree, within fifteen (15) days of work since the date received the results of the results, the Farm Bureau informs the third party.

What? 21. Recovery of plant-like protection

1. During the thirty (30) days of work since the day the Bureau of Cultivation Cultivation signed the order to suspend the effectiveness of the protection, the protection holder has the right to send 1 (a) the file set to reinstate the effect of protection for the Farm Bureau. Profile:

a) The application to restore effect by protection as a template at Annex 18 of this Smart;

b) The evidence for the protection of the protoners has overcome the reasons suspended;

c) A copy of the receipt of the receipt, the fee, or the fax paper that the proof has shifted into the account of the Farm Bureau.

2. Time of resolution:

a) The reason for the suspension of the suspension is due to not paying the maintenance fee, not changing the name of the crop, no documentation, the breeding material: During the year period (05) the day of work since the date there is evidence that the protonship was carrying out actions. Remediation, the Bureau of Cultivation Bureau signs the decision to reinstate the effectiveness of the Protection, noted on the National Register and published on the Website of the New Plant-like Protection Office in the period of five (05) days of work since the date of the decision. in the Journal of Agriculture and Rural Development;

b) The reason for the suspension is because the breed does not meet the consistency and stability as at the time of the degree by regulation at a point of 1 Article 7901 Intellecintellectual property Law: In the ten (10) days of work since the date of the certificate holder. Identical to the conditions of consistency and stability, the Bureau of Cultivation Bureau signed the decision to reinstate the force by protonation, noted the National Register and published on the website of the new plant-like Protection Office's Website. Five (05) date of work from the date of the decision or in the Journal of Agriculture and Rural Development.

What? 22. Huxiu to take effect by protective tree-like protection

1. In the statute of limitations of the degree of protection, any third party has the right to send a (01) file set to cancel the effect of the Protection of the Farm Bureau if there is a prescribed violation of the provisions at 1 Article 7909 Intellecintelligence Property Law. Profile:

a) The application for the cancellation of the effect by protection as a template at Annex 17 of this Information;

b) The evidence for proof is required by the protection of the protective effect;

c) A receipt of receipt of the receipt of a reexamination or a fax of documents that proved to have transferred money into the account of the Bureau of the Plant (applicable to point b and c 1 Article 79909 Intellecintelligence Property Law).

2. The sequence, time of resolution:

a) In the period of the year (05) working days since the filing date, the new plant-like protection office identifies the full as specified by the filing, sending additional requirements in the case of incomplete records by regulation;

b) The case for the proposed cancellation of the protection by the protection is because the crop does not meet the new or the protection holder is the person who does not have the right to apply: In the thirty (30) days of work since receiving the full profile by regulation, the Bureau. The Bureau of Cultivation Bureau signed the decision to cancel the effectiveness of protonation, noted the National Register or the announcement of rejection of the cancellation, stating the reason and published on the website of the new tree-like protection office in the year (05) the day of work. since the signing date or in the Journal of Agriculture and Rural Development.

c) The reason for the proposed cancellation of the effect by the protection is because the crop does not meet the difference or consistency or consistency: In the ten (10) days of work since the end of the examination results, the bureau chief said. The cultivation of the plantation decided to cancel the effectiveness of the Protection, noted on the National Register or the announcement of rejection of the cancellation, stating the reason and published on the website of the new tree-like protection office in the year (05) the day of work since the day. signing decisions or in the Journal of Agriculture and Rural Development.

Chapter III

REPRESENTATIVE OF THE CROP.

What? 23. Training on the representation of rights to crops

1. The training content of the rights representation to the cultivable tree: 2 parts:

a) The law of rights to the cultivar, including the laws of Vietnam and the international treaties, the bilateral agreement in which Vietnam participated;

b) The business represents the right to the cultivable tree, which includes the use of the law to apply the law in employment, filing, tracking the application of rights to the cultivable breed; the general regulation of the DUS experiment; the case of the investigation, the exploitation of the protection of the cultivable breed.

2. Secretary of the Farm Bureau approv. The training program on the representation of the right to plant-like crops, time of training, request for faculty, ask for a job examination of the right to represent the breed.

3. The fully qualified participant in the law of the right to the breed to be granted a certificate of rights to the cultivable breed. The fully qualified participant in the career of the right to represent the cultivable plant and reaching a point of view from the average forward is considered to be a requirement for a career examination of the representation of the crop.

4. Make training on the right to represent the cultivable tree:

a) The Farm Bureau informs the person of the requirement for training in content, time, training locations and training costs;

b) The cultivation of the cultivation organization on the representation of the rights to the cultivable plant and the inspection of the right to represent the breed according to the program was approved by the Bureau of the Bureau of Plant.

c) The head of the Bureau of Cultivation Certificate of Vocational Training for the breed and approved a list of the required list of public testing for the breed; announcement on the Website of the Protection of New Plant Protection.

What? 24. Level Certificate of Service Vocational Certificate of Cultivation Crop

1. Individuals who meet regulatory conditions at point 5 paragraph 21 Article 1 The amended intellectual property law requires a certificate of duty to conduct a representative service of the right to the plant to submit one (01) case for the Farm Bureau. Profile:

a) The affidavit requires the Certificate of Representation Services for the breed to be represented in the Annex 19 of this Information;

b) Copy of the People's Letter;

c) By graduate degree of university (a copy of a certificate or a program itself to a reference);

d) A copy of the Certificate of Training Certificate for the Rights of plants or the main nature of one of the following documents: The validation basis of the training facility on the applicant ' s completion of the university graduate thesis, after the university in the subject of authority to the breed. the plant or copy of the plant or copy of the diploma and has a major copy for the reference; the confirmation paper of the authority has jurisdiction over whether the applicant has directly worked as a consignment to register for protection at the national or international authority over the breed. plant or have directly worked on the rights to the law of the continuous crop from the year (05) years or more.

2 images 3x4;

e) The copy of the receipt of the receipt, the fee, or the fax paper that proves to have shifted money into the account of the Farm Bureau.

2. The sequence, time of resolution:

a) During the period of three (03) days of work since the date received the case, the case is incomplete, the Farm Bureau informed the applicant, stating the reasons.

b) In the period of ten (10) days of work, since receiving the full profile by regulation, the Bureau of the Bureau of the Cultivation Department decided to issue a Certificate of Vocational Certificate for a valid case and named in the list of requirements of a representative transaction. Rights to the cultivable breed; note to the National Register of Rights to represent the breed and announced on the Website of the Office of the Protection of new plants in the period of the year (05) the day of work since the date of the decision. The rejected case, must be written in writing, stating the reason.

What? 25. recall certificate of service representation of the right to crop seed

1. The practice certificate is revoked in the following case:

a) The person with a certificate of duty as a violation of the breach in paragraph 2 Article 38 88 /2010/NĐ-CP Or other provisions of law that have been questioned by the authorities to take care of the certificate of the certificate of practice;

b) There is evidence to confirm that the certificate of practice is granted to the left, who is granted not to meet the requirement at a point of 5 paragraph 21 Article 1 The amendment law, which complements some of the provisions of the Intellecintellectual Property Law.

2. The procedure to recover the Certificate of Occupational Certification when there is a Certificate of Occupational Certificate in accordance with Article 1 Article, the new tree-like Protection Office performs the following procedures:

a) The Director of the Department of Cultivation issued a decision to revoking the Certificate of Representation Services for the cultivar as recommended by the state agency with the authority stipulated at the point of one Article;

b) Delete the name from the National Register for the Representative of the Rights tree;

c) announced on the Website of the new crop-like Protection Office in the period of the year (05) day of work since the date of the decision.

What? 26. Level the Certificate of International Service Vocational Certificate of Cultivation Crop

1. The person with an exercise certificate is missing or torn, dirty, fading to the extent that it is not possible to be used or the revoked Certificate of Executive Certificate has expired three (03) years, since the date of the revoked Certificate of Occupational Certificate at a 1 Article 25 This privacy has the right to ask for a Certificate of Vocational Certification.

2. The person with a request to grant a Certificate of Conduct filed a (01) case set for the Department of Plant. Profile:

a) The affidavit requires the Certificate of Occupational Certificate in Annex 20 of this Information;

b) 2 images 3x4;

c) A copy of the receipt of the receipt, the fee, or the fax paper that the proof has shifted into the account of the Farm Bureau.

3. Presentation, time of resolution:

a) During the period of three (03) days of work since the date of the filing, the Cultivation Bureau determines the completa as prescribed by the file, sending additional requirements in the case of incomplete records by regulation;

b) In the period of ten (10) days of work since the Bureau of Plant received full records by regulation, the Bureau of Cultivation Department issued a certificate of representation of the right to the breed.

4. The case of a certificate of duty representative service to the cultivable tree breed by the Department of Plant, the Farm Bureau must grant the Certificate of Free Certificate in time 03 (three) working day since the date of receiving the request.

What? 27. Recognition of the organization of the service of the rights to the crops

1. The organization has a claim to be a representative service organization for the cultivable tree breed (01) a case file for the Farm Bureau. Profile:

a) The affidavit requires the recognition of a representative service organization for the breed planted in Annex 21 of this Information;

b) The list of members with a certificate of service of the service representing the cultivable tree breed (a copy of a certificate or a policy map to meet), including the head of the organization or the head of the head of the organization;

c) A copy of the Certificate of Business Registration or Registration Certificate of the organization;

d) A copy of the receipt of the receipt, the fee, or the fax of papers that proved to have shifted money into the account of the Farm Bureau.

2. The sequence, time of resolution:

a) In the period of the year (05) the day of work since the filing date, the Cultivation Department determines the completa as prescribed by the file, sending additional requirements in the case of incomplete records;

b) In the fifteen (15) days of work since the Bureau of Cultivation received full records by regulation, the Bureau of Cultivation Bureau announced the organization of the organization's representation of rights to the cultivable plant, on the National Register of Rights representation. for the cultivable breed; published on the Website of the new crop-like Protection Office in the period of the year (05) day of work since the signing date or in the Journal of Agriculture and Rural Development. The rejected case, must be written in writing, stating the reason.

What? 28. Records the revision of the information organization organization information to the cultivable plant.

1. Service organization representing the cultivable tree breed requires a change of name change, the address of the organization or membership in the list of representative persons rights to the cultivable tree breed (01) the case file for the Farm Bureau. Profile:

a) The affidavit requires a revision of the information about the organization of the service of the rights to the breed planted in Annex 22 of this Information;

b) The copy of the Certificate of Business Registration/Certificate of Operational Registration Activity for the cultivable of the cultivable plant;

c) The decision to recruit or decide to end the labour contract for membership in the list of rights delegates to the organization's crops;

d) A copy of the receipt of the receipt, the fee, or the fax of papers that proved to have shifted money into the account of the Farm Bureau.

2. The sequence, time of resolution:

a) During the period of three (03) days of work since the date of the filing, the Cultivation Bureau determines the completa as prescribed by the file, sending additional requirements in the case of incomplete records by regulation;

b) In the time of ten (10) days of work since the Bureau of Plant received full records by regulation, the Bureau of Cultivation Bureau ' s Bureau of Cultivation noted the revision of the information organization organization information to the cultivable tree breed, on the National Register of Nations. The Site of the Protection of the Protection; published on the Website of the Office of the Protection of new crops in the period of the year (05) the day of work since the date of the signing of the paper or in the Journal of Agriculture and Rural Development. The rejected case, must be written in writing, stating the reason.

What? 29. Delete the name of the service organization name to the cultivable plant

The case of the Organization for the Service of Representatives in paragraph 2 Article 37. 88 /2010/NĐ-CP was asked by the authorities to offer a formal deletion of the name, the new tree-like protection office that performs the following procedures:

1. The Forest Service Director issued the decision to delete the representative service organization;

2. Delete the name from the National Register of Rights to the breed of plant;

3. Published on the Website of the New Growers Protection Office in the period of three (03) days of work since the signing date or in the Journal of Agriculture and Rural Development.

Chapter IV

THE POWER OF THE CROP.

What? 30. Career training on the authority for the breeding of crops

1. The training content of the authority for the breeding of the cultivable tree consists of 2 parts:

a) The law of rights to the cultivar, including the laws of Vietnam and the international treaties, the bilateral agreement in which Vietnam participated;

b) The task of monitoring the right to the cultivable plant includes the law of applying the law in determining the scope of the protection; the element of violation of rights to the cultivable breed; the difference between the breed is considered to the protected breed; the rights value to the breed. the crops and the damage value.

2. Secretary of the Farm Bureau approx a career training program on the authority for the cultivable of crops: content, training time, faculty requirements, a career examination questioner for the authority to monitor rights to the cultivable breed.

3. The fully qualified participant in the job training of the right to the cultivable breed and reaching the average check point is considered to be required for a career examination of the authority for the breeding of the crop.

4. Make a career training on the authority for the breeding of crops:

a) The Farm Bureau informs the person who requires training in content, time, training venues, and training costs.

b) The Farm Bureau organizes vocational training on the authority for the breeding of crops and a career check on the authority for the breeding of crops according to the program approved by the Bureau of Cultivation Department.

c) The Director of the Department of Cultivation approved the list of a career inspection requirement for the authority to monitor the rights to the breed and inform the Website of the new tree-like Protection Office.

What? 31. Level of Licensee Rights Card Level

1. Individuals who are Vietnamese citizens, which has full civil conduct capacity, resident in Vietnam, which has been required to check for a career check on the authority to monitor rights to crops, have not been dealt with administrative violations due to the violation of the intellectual property or breach of the law. Career ethics and not under a criminal responsibility for criminal liability or have been sentenced without being deleted, has the right to request a licensing of the rights to be granted to the breed (after this is called the Examiner Card).

2. Individual by regulation at Clause 1 This must submit one (01) case set for the Farm Bureau. Profile:

a) The affidavit recommended a modelling of the Supervisor Card at Appendix 23 of this Information;

b) Copy of the People's Letter;

c) A graduate degree in the field of farming, agricultural or related industry is related to the cultivable plant (a copy of a certificate or a program itself);

d) The confirmed documentation of the authorities regarding the applicant ' s filing directly worked as a plant-like field specialist from the year (05) years or more;

2 images 3x4;

e) The copy of the receipt of the receipt, the fee, or the fax paper that proves to have shifted money into the account of the Farm Bureau.

3. Presentation, time of resolution:

a) During the period of the year (05) the day of work since the date received the case, the case was incomplete, the Farm Bureau informed the applicant, stating the reason;

b) In the fifteen (15) days of work from the date of receiving the full record, the Bureau of Cultivation Department grants the eligible condition to the eligible model at Annex 24 issued by this message; noted to the National Register of Statistics. The website of the Office of the Protection of the Protection of the new cultivable tree for the year (05) day of work from the date of the grant. The rejected case, must be written in writing, stating the reason.

What? 32. Record Card recall

1. The supervising card was revoked in the following case:

a) The person with the prescribed violation card at Article 52 of the number 105 /2006/NĐ-CP or other regulations of law that are entitled by the state authority to recommend processing in the form of the recall card recall;

b) There is evidence that the examiner's card is granted to the left, who is granted not to meet the requirements at paragraph 12 Article 1 of the Digital Protocol. 119 /2011/NĐ-CP And the Article 30 of this information.

c) The person who is given the resignation card or does not perform the operation.

2. Procedal Card recovery procedure

When there is a custom base card recall base at the same Article, the Farm Bureau performs the following procedures:

a) Secretary of the Department of Plant Affairs signed the decision to revoking the examiner's Card;

b) Delete the name from the National Register of Active Authority for the breed;

c) published on the Website of the New Growers Office for the New Year (05) date from the date of the decision.

What? 33. Level the Supervisor Card

1. The person with a missing or tear-torn, dirty, fated, fading to the level cannot be used or the person who has revoked the Board of Supervisor Card has run out of time using the authority to use the prescribed custoship at the point of a Article 32 of this have a request to grant the Supervisor Card to file a (01) case set for the Farm Bureau. Profile:

a) The affidavit requires the granting of the Supervisor Card on the template at Annex 25 of this Information;

b) The supervising card (case card case is broken);

c) 2 images 3x4;

d) A copy of the receipt of the receipt, the fee, or the fax of papers that proved to have shifted money into the account of the Farm Bureau.

2. The sequence, time of resolution:

a) In the period of the year (05) the day of work since the filing date, the Cultivation Department determines the completa as prescribed by the file, sending additional requirements in the case of incomplete records;

b) During the ten (10) days of work since the Farm Bureau received the full profile by regulation, the Bureau of Cultivation Department issued the Supervisor Card. The rejected case, must be written in writing, stating the reason.

3. The case of the rights examiner card for the plant-like plant is faulty due to the Farm Bureau, the Farm Bureau must grant a free membership card in the time of three (03) days of work since the date received request.

What? 34. Level certification is eligible for operating authority over the cultivable breed.

1. The organization meets the regulation at paragraph 10 Article 1 of the Digital Protocol 119 /2010/NĐ-CP, If you have a request to grant a Certificate of Qualified Certificate for the cultivable of the crop (the following is called a Certificate), submit one (01) the case with a charge and the prescribed fee for the Farm Bureau. Profile:

a) The affidavit requires the Level of Certificate of Operational Certificate to be operational in accordance with the form of the plant in Annex 26 of this Information;

b) The recruitment decision or labor contract between the organization and the active supervisor for the organization (the copy of the evidence or the main release to the reference);

c) Business registration certification, Registration Certificate of Science and technology or Registration Registration for the organization of law enforcement (a copy of a certificate or a policy map to reference), including the actual function of the certificate. It ' s a plant that ' s working on crops.

d) The statistical table on the headquarters, equipment, work vehicle; the source of the information database required to carry out the operation of the operation (the category of the breed is allowed to produce business, the protected breed portfolio, UPOV and Vietnamese technical standards). South);

The copy of the receipt of the receipt, the fee, or the faxed fax of the proof was transferred money into the account of the Farm Bureau.

2. The sequence, time of resolution:

a) In the period of the year (05) the day of work since the filing date, the Cultivation Department determines the completa as prescribed by the file, sending additional requirements in the case of incomplete records;

b) During the thirty (30) days of work since the Bureau of Plant received full records by regulation, the Bureau of Cultivation Department issued certificates to the organization eligible for operation of rights to the breed planted in Annex 27. It is issued in accordance with this message, noted in the National Register of Rights of Rights for the cultivable breed; published on the Website of the Office of the Protection of New Trees in the period of the year (05) the day of work since the date of the decision. The rejected case, must be written in writing, stating the reason.

What? 35. Recognition of organizational information that organizes the rights to the plant breed

1. The organization of the organization is required to record changes of the name, address of the organization or member in the list of the supervising examiner filed a (01) case set for the Farm Bureau. Profile:

a) The affidavit requires a revision of the information about the Organization for the Supervision at Annex 28 of this Information;

b) The copy of the Business Registration Certificate/Registration Certificate has been modified by the organization of the organization;

c) The decision to recruit or decide to end the labour contract on the membership in the organization ' s list of directors;

d) A copy of the receipt of the receipt, the fee, or the fax of papers that proved to have shifted money into the account of the Farm Bureau.

2. The sequence, time resolution of the filing request for a revision of the organization's information organization for the breed to be conducted similarly to the procedure stipulated at paragraph 2 Article 28 of this.

What? 36. Remove the name of the organization that oversees the rights to the crops

1. The organization is deleting the name in the case:

a) The organization of the regulation of violations by regulation at Article 52 of the number of countries 105 /2006/NĐ-CP The state agency has jurisdiction over the name of the name of the name.

b) There is evidence to assert that the Certificate of Qualified Certification for the breed to be prescribed by the left-level crop, the organization granted the certificate not to meet the requirement at paragraph 10 Article 1 of the Digital Protocol. 119 /2010/NĐ-CP;

c) The organization is to give up or not perform the operation.

2. The procedure to remove the name of the organization

When a base is removed from the name of the Organisitentity in accordance with Article 1, the Farm Bureau performs the following procedures:

a) Secretary of the Department of Plant Affairs signed the decision to remove the name of the organization that oversees the rights of plants;

b) Delete the name from the National Register of Rights to the Rights of the plant;

c) announced on the Website of the new crop-like Protection Office in the period of the year (05) day of work since the date of the decision.

Chapter V.

EXECUTION CLAUSE

What? 37. Terms of execution

1. This message has been in effect since April 13, 2013.

2. Chief of the Department of Cultivation, Chief of Staff, Chief of the Ministry of Units of the Ministry and the organizations, the individual involved in charge of this private practice.

3. In the course of execution, if there is difficulties entanging, the organization, personally involved in writing in the text of the Ministry of Agriculture and Rural Development (Farm Bureau) to timely disposal.

KT. MINISTER.
Chief.

(signed)

I'm sorry.