Circular 18/2012/tt-Bnnptnt: Regulation Of Production Management, Business Industrial Plants And Fruit Trees, Perennial

Original Language Title: Thông tư 18/2012/TT-BNNPTNT: Quy định về quản lý sản xuất, kinh doanh giống cây công nghiệp và cây ăn quả lâu năm

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CIRCULAR regulations on production management, business industrial plants and fruit trees, perennial _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 01/2008/ND-CP dated 03/01/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development; Decree No. 75/2009/ND-CP on 10/9/2009 of the Government on the amendments to article 3 of the Decree No. 01/2008/ND-CP dated 03/01/2008 of the Government;
Pursuant to the law of standards and technical regulation on 29/6/2006 and Decree No. 127/2007/ND-CP dated 3/8/2007 detailing the Government's implementation of some articles of the law on technical regulation and standards;
Pursuant to the law of product quality, the goods on 21/11/2007 and the Decree No. 132/2008/ND-CP dated 31/12/2008 detailing the Government's implementation of some articles of the law on product quality, goods;
Based on cultivars Ordinance 5/4/2004;
Proposal of the Director General cultivation;
The Ministry of agriculture and rural development, issued circulars and regulations on production management, business industrial plants and fruit trees, perennial as follows.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular regulates the sequences, procedures, responsibilities of organizations and individuals in the registration, recognition, production and resource management, business and industrial plants, fruit trees, perennial by human methods.
2. This circular apply to organizations, individuals and organizations, foreign individuals have activities related to the content outlined in paragraph 1 of this article.
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. Industrial crops and fruit trees, perennial industrial trees: fruit tree, set time and time in business for many years.
2. Tree top line: is yield, high quality and stability, good resistance properties than other trees in populations a (local varieties, choose create new varieties, the same type) are the competent bodies the average recruit and recognized as a source of breeding material.
3. the first line of the Garden: the garden is multiplied by asexual methods from the first tree line; be the competent agency evaluation and recognition as a source of breeding material.
4. Citrus S0: human's tree is by the method of micro-graft growth tops from top tree citrus line, checked and verified does not carry pathogens and disease Tristeza Greening of gold leaf. S0 tree used breeding material extraction plant production S1.
5. Citrus S1: is the tree was propagated asexually from tree S0, are checked and verified does not carry pathogens and disease Tristeza Greening of gold leaf. S1 tree used mined materials for the production of breeding trees S2.
6. Citrus S2: is propagated asexually from S1 trees, are checked and verified does not carry pathogens and disease Tristeza Greening of gold leaf. The tree is grown fruit, not S2 used exploit the material.
7. the same source: is the generic name to refer to the tree top line (including citrus S0) and garden-top of the line (including citrus garden S1) are recognized.
8. breeding materials: is the plant parts like roots, shoots, buds, grafted, mined from the same source to use for breeding.
9. the same source code: is the symbol of the tree top line, top of the line by the Department of agriculture and rural development, where the same set as specified.
10. is the number of plots of seedlings: seedlings of the same breed, is from a source like, at the same time, location and technical processes.
Chapter II, article 3. SEED SOURCE MANAGEMENT Recognizing the tree top line 1. Applying organizations, individuals in need of registration recognizing the tree top line send a (01) record directly or through the post Office of the Department of agriculture and rural development, where the tree top line, records include: a Single tree-recognition proposal) the top line of the industrial plants, fruit trees (annex 1 or Annex 1 attached to this circular);
b) related documents include: the garden diagram; report on the same source; research results, the contest (if available).
Report on same source must have the contents: origin; time, cultivated material; indicators of growth, productivity, quality, resistance to withstand the adverse condition of harmful pests, drought, attenuated, malaria, heat (figures of 3 consecutive years).
2. Receiving and handling of records Department of agriculture and rural development, reception, registration review recognized the tree top line according to the following sequence: a) within three (3) working days from the date of receipt, the receiving Department must check for adequacy of records as specified case records are incomplete, they must inform and guide the Organization, complete the personal profile.
b) within a period of five (5) working days from the date of the application under the regulations, the Department of agriculture and rural development, the decision to establish the National Peace Council, the first tree line;
Within thirty-five (35) days from the date of the decision establishing the National Peace Council, conducted the evaluation of tree top line, set the minutes posted on the Department of agriculture and rural development;
Within a period of five (5) working days from the date of the report on the evaluation of the National Peace Council, the Department of agriculture and rural development, a decision granting or not granting recognition tree top line; the case does not recognize, to notify the applicant in writing, stating the reasons.
3. The average recruit tree top line a) National Peace Council: Director of the Department of agriculture and rural development, the decision to establish the National Peace Council tree top line.
The Council have from 5-7 members, including: representing the Department of agriculture and rural development; expert on average crop field.
Chairman of the Council's expert knowledge of crops average subscription recruitment.
b) average sequence: authority records, testing on the characteristics, growth, development of the tree top line according to the technical requirements and quality criteria specified in national standard first line of trees.
The case of the average recruit registered crops have yet to have a national standard first line of trees, building Council criteria comments, the Director of the Department of agriculture and rural development approval before conducting the average recruit.
The Council set the minutes suggest recognizing or not recognizing the tree top line posted on the Department of agriculture and rural development.
Article 4. Recognizing the grounds beginning line 1. Applying organizations, individuals in need of registration recognizing the grounds first line sent a (01) record directly or through the post Office of the Department of agriculture and rural development, where the grounds have top of the line, the profile includes: a) petition to recognize the first industrial plants line the grounds , fruit trees, perennial (annex 1 or Annex 1 attached to this circular);
b) related documents include: the garden scheme, reporting on the grounds.
Report on the first line the grounds must have the contents: origin; time, cultivated material; comment on growth, development, yield, quality, resistant to the adverse condition of harmful pests, drought, frosts, attenuated, hot sun.
2. Receiving and handling of records Department of agriculture and rural development, reception, registration review of the grounds recognized by top of the line according to the following sequence: a) within three (3) working days from the date of receipt, the receiving Department must check for adequacy of records as specified case records are incomplete, they must inform and guide the Organization, complete the personal profile.
b) within a period of five (5) working days from the date of the application under the regulations, the Department of agriculture and rural development, the decision establishing the evaluation first garden line;
Within twenty (20) working days from the date a decision is established, the evaluators conducting the appraisal the grounds beginning line, set the minutes posted on the Department of agriculture and rural development;
Within a period of five (5) working days from the date of the report on the evaluation of the assessment, the Department of agriculture and rural development, a decision granting or not granting recognition early garden line; the case does not recognize, to notify the applicant in writing, stating the reasons.
3. Evaluation of the first orchards line a) evaluation: the Director of the Department of agriculture and rural development the decision establishing appraisal of the grounds.
The nest from the evaluation of 3-5 members, including: representing the Department of agriculture and rural development, expert in the field of crop assessment registration.
b) sequence of evaluation: evaluation of test records, check out local garden registered under national standards or criteria of the average recruit tree top line as defined in point b of paragraph 3 of article 3 of this circular; record-setting reviews, recommendations recognize or not recognize posted on the Department of agriculture and rural development.
c) for new crop varieties selection in the country or enter, after the official breed recognition, cases need to expand quickly into production at the request of the local business organizations, individuals have the same source posted records of the Department of agriculture and rural development recommended recognition assay gardens the garden, the garden was the first production line. Profile as specified in paragraph 1 of this article, additional local proposal paper, enterprises that require rapid seed production. Order and procedure as prescribed in paragraph 2 and point a, point b of paragraph 3 of this article.
Article 5. Level, level back, discontinue, cancel the effect of paper recognition first tree lines, top of the line 1 of the grounds. Granting recognition tree top line, top of the line a) grounded the minutes of the Board's assessment of the average tree line, the first national evaluation of early orchards line, Director of the Department of agriculture and rural development review, the decision granting recognition tree top line or garden top line (Appendix 2 , Appendix 3 attached to this circular);
b) effect of the recognition of Paper is 5 years from the date of issue.
2. The paper again recognized the tree top line, the first line of garden-a) before the expiration of three (3) months, if the same source has recognized registration needs to send one (1) set the record directly or through the post Office of the Department of agriculture and rural development to consider, resolve.

b) recognized registration records include: recognized form, a copy of the decision once the most recognized; diagram of the same source, summary report on growth, productivity, quality, the number of breeding material exploitation during times recognized.
c) sequence, the time limit for resolution: within a period of three (3) working days from the date of receipt, the receiving Department must check for adequacy of records according to the rules, the case records are incomplete, they must inform and guide the Organization, complete the personal profile.
Within fifteen (15) working days from the date of the application under the regulations, the Department of agriculture and rural development, the actual base is the process of care, use, growth of the tree top line, top of the line, if eligible, the recognition again.
d) the effect of the Paper return is 5 years from the date of issue.
3. Suspension, cancellation effect Paper recognition first tree line, the first line of garden-based thereon of the test group, the Director of the Department of agriculture and rural development, the decision to suspend or cancel the effect of paper recognition first tree lines, top of the line the grounds.
a Paper tree top line recognition), gardens top line were suspended effective immediately at the time of checking if the same source violates one of the rules in points b, c paragraph 2 article 12 of this circular; the suspension period according to the minutes of the test.
b) Paper recognition first tree line, the first line of the grounds was valid if the same source violates one of the rules in points a, d, e, f, g paragraph 2 in article 12 of this circular, but does not implement the remedy after the time limits stated in the minutes of the test.
c) Paper recognized the tree top line, top of the line abandoned effect if expiry suspension but same source does not implement the remedy or when the same source being degeneration, disasters, serious harmful pests do not fix.
Article 6. Fees the registration fees to recognize or acknowledge the tree again top of the line, the first line of the grounds by the Organization, individuals register recognition pay as specified in circular No. 180/2009/TT-BTC on 14/12/2010 of the Ministry of Finance regulates the level of currency, currency, payment, management and use of fees of fees in the field of horticulture and forestry trees.
Chapter III PRODUCTION, business and INDUSTRIAL PLANTS and FRUIT TREES, PERENNIAL article 7. Quality assurance conditions of industrial plants, fruit trees, perennial in the production process, business 1. The Organization, the individual production of industrial plants, fruit trees, perennial with commercial purposes to ensure production and trading conditions as stipulated by the law and the requirements of quality management of trees like this: a) Having reached the minimum nursery requires: the area sowed the seed nursery root , close the vote, breeding and training of appropriate scale of seedling number of seedling production; the initiative of irrigation water; infectious disease source isolation.
b) bred from the same source are recognized;
c) have the technical process of breeding;
d) Have or rent the same tree control for industry, perennial fruit trees; 
DD) make labeling, disclosure standards for seedling production of garden according to the provisions of article 8, article 9 of this circular.
2. organizations, personal trading of industrial plants, fruit trees, perennial must ensure the conditions of production, business under the provisions of the law and the requirements of quality management of trees like this: a) ensure Records label, published standards imposed under the provisions of article 8, article 9 of this circular;
b) seedling roots: guarantee contract or purchase papers seedlings with organizations, individuals produce varieties, which specify the information about the same, the same source used breeding, standards applied, the number of trees, tree delivery time;
c) take measures to ensure the quality of seedling in the process of storing, shipping.
Article 8. Label 1. Industrial plants, fruit trees, perennial circulation on the market make labeling of goods according to the provisions of article 39 Ordinance plant seeds, Decree 89/2006/ND-CP on 30/9/2006 by the Government on goods labels, include the following information: a) the name of the cultivar;
b) the name and address of the manufacturing facility, business;
c) principal quality criteria;
d) on export, the grounds and duration of use;
DD) name of the country of origin for the seed;
e) source code.
2. for sowing seedling nursery in large size, the label is printed, mounted on each seedling, or printed on the bag. For bare root seedlings, plant in a small size, label election printed on the belt forcing, or printed on the box, bag, or document attached to the seed.
Article 9. Publication standards 1. Published content: the number of the standard or the quality of the seedlings.
2. Forms of disclosure: made according to the provisions of article 23 of the law on product quality, the goods.
Article 10. Publication standards 1. Standards publication bases a) case announced based on the result of the organized self assessment, individual production of seedlings: the minutes of the same batch quality control according to the model in annex 5 attached to this circular and clean test voucher (for citrus trees and other perennial this criteria specified in standards apply).
b) where disclosure is based on the results of reviews of the organization certification: certificate of conformity of certified organization registration as specified in circular No. 08/2009/TT-BKHCN on 8/4/2009 of the Ministry of science and technology grant for the Organization, individuals produce.
2. The procedures announced standards made under the provisions of article 15 of decision 24/2007/QD-BKHCN on 28/9/2007 by the Minister of science and technology.
Chapter IV RESPONSIBILITIES of ORGANIZATIONS and individuals, article 11. The responsibilities of the State administration bodies 1. Agriculture Department: a) proposed new construction, reviewing revisions, supplements and guide the implementation of the national standards about industrial plants, fruit trees, perennial;
b) to build the training, assignment, training, organization code for the quality control of industrial plants, fruit trees, perennial as specified in clause 8 article 5 circular 17/2011/TT-BNNPTNT on 6/4/2011 the Ministry of agriculture and rural development;
c) synthesize and publish the list of the same source (be recognized, acknowledged or cancelled effective recognition) on the Agency's Web site;
d) testing, inspection, complaints, accusations and handle infringement on the same sources, production management, business industrial plants, fruit trees, perennial throughout the country.
2. The Department of agriculture and rural development of the province, central cities: a) held the average recruit, appraise, level, level again or cancel valid Paper source recognition just like the industrial crops, fruit trees, perennial;
b) management instructions, tap the same source effectively recognized;
c) directing, guiding the implementation of the standards for industrial plants, fruit trees, perennial;
d) regularly updated, publicly recognized breed source list, acknowledged or cancelled force acknowledged on the Web site of the Department;
DD) report on Agriculture Bureau: decided to recognize, acknowledge, or canceled in force recognize the same source (1 a, immediately after a decision); the situation of production, business and industrial plants, fruit trees, perennial (every year, before 31 December). 
e) test, the Ombudsman resolve complaints, accusations and handle infringement on the same sources, production management, business industrial plants, fruit trees, perennial.                           
Article 12. The right and the responsibility of the same source 1. The right of the same source: a) Is the ad, about the same source under the provisions of the law on advertising;
b) is mined, the business of breeding material from the same source as defined by law and within the limits of the maximum allowed in the paper recognized the same source;
c) Is the denunciation, complaint and claim for invasive behavior illegal same source.
2. responsibility: a) Attach the code for the same source: the same source code by the Department of agriculture and rural development level as specified in annex 4 attached to this circular.
For top of the line tree, citrus S0 code must be mounted directly on each tree. For garden plants citrus garden, top of the line S1 is mounted on the table code in the location easy to observe.
b) ensures the same source always the criteria as when recognized, not infected, dangerous degenerate.
c) citrus citrus S0, S1 must be planted in the House eligible nets prevent insect-mediated transmission.
d) breeding material extraction does not exceed the level prescribed in the paper recognized the same source;
DD) Set as material supply situation of breeding;
e) annually, reported the results of exploitation, the situation of growth, development of the same source and the changes related to the transfer of ownership of the same source (if any) of the Department of agriculture and rural development;
g) observance of the inspection and handling measures of the Agency as defined by the law.
Article 13. The liability of the Organization, individual manufacturing, trading and industrial plants, fruit trees, perennial 1. Implementation of the requirements for ensuring the quality of seedling in the production process, the business prescribed in article 7 of this circular.
2. Observance of the inspection and handling measures of the Agency as defined by the law.
Chapter V article 14 ENFORCEMENT TERMS. Transitional provisions 1. For the same source has been recognized before this circular will be in effect until the expiration of the paper recognized the same source.
2. The content of the relevant regulations of the auditing people in this circular is made after one (1) year from the date of this circular are enforceable.
Article 15. Enforceable

1. This circular have enforceable after 45 days from the date of signing and substitute: decision No 64/2008/QD-BNN on 23/5/2008 of the Minister of agriculture and rural development regulation on production management, business industrial plants, fruit trees, perennial; Article 3 Circular No. 17/2011/TT-BNNPTNT on 6/4/2011 the Ministry of agriculture and rural development modification, Supplement, abolish some regulations on administrative procedures in the field of cultivation according to resolution No. 57/NQ-CP on December 15, 2010; Decision No 70/2008/QD-BNN on 03/6/2008 by the Minister of agriculture and rural development, issued the list of industrial plants, fruit trees, perennial must match quality certification standards.
2. In the process of implementation, if there are difficulties and obstacles, the Organization, the individual concerned should reflect on the Ministry of agriculture and rural development (Agriculture Department) to timely resolve