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Circular 79/2011/tt-Bnnptnt: Rules Of Certified And Quality Seed Appropriate Technical Standards

Original Language Title: Thông tư 79/2011/TT-BNNPTNT: Quy định về chứng nhận và công bố chất lượng giống cây trồng phù hợp quy chuẩn kỹ thuật

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CIRCULAR rules of certified and quality seed appropriate technical standards _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree 1/2008/ND-CP on January 3rd, 2008 by government regulation functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development; Decree No. 75/2009/ND-CP on February 10, 2009 by the Government on the amendment of article 3 of the Decree 1/2008/ND-CP on January 3rd, 2008 by government regulation functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
Pursuant to the law of standards and technical regulation on June 29, 2006;
Pursuant to the law of product quality goods on November 21, 2007;
The French seed command base on 5th April 2004;
The Minister of agriculture and rural development rules of certified and quality seed appropriate technical standards as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular regulates the order and procedures of certification, announced technical standards suitable for crop varieties in the list of products, commodities Group 2 by Ministry of agriculture and rural development;
2. This circular apply to organizations and individuals in the country and abroad have activities related to the production, sales and quality seed appropriate technical standards.
Article 2. Explanation of terms In this circular the terms below are interpreted as follows: 1. Plant varieties in catalogues, goods group 2 consisted of varieties of rice, maize, peanuts, soybeans and potatoes are issued in circular No. 50/2009/TT-BNNPTNT on August 30, 2010 modified, supplemented by products , commodity group 2 attached circular 50/2009/TT-BNNPTNT on 18/8/2009 of the Ministry of agriculture and rural development and the other crop varieties when complemented by regulations of the Ministry of agriculture and rural development;
2. the same batch code is the code given to a same batch as a rule to identify and trace the origin;
3. the check Amount is the cultivation patterns of the same batch on the umbrella field experiments to test the right breed and pure speed, before the same batch that was granted the certificate of conformity of technical standards;
4. Late check out is the cultivation patterns of the same batch on the umbrella field experiments to test the right breed and pure speed, after or simultaneously with the same batch that time is used;
5. Certificate of quality seed appropriate technical standards (called conformity certification) is the certification organizations evaluate and endorse appropriate crop varieties with corresponding technical regulation;
6. Rice varieties confirm 1 (XN1) is the rice seeds are caused from raw seeds strains according to rice seed production procedures and quality standards according to QCVN 1-54:2011/TTBNNPTNT;
7. Rice varieties confirm 2 (XN2) is the rice seeds from seed is confirmed 1 according to rice seed production procedures and quality standards according to QCVN 1-54:2011/TTBNNPTNT.
Article 3. The base announced conformity and conformity mark 1. For breed super strains resources, parents, F1 hybrid seeds: hybrid announced conformity based on the results of conformity certification certification organizations are specified.
2. for indigenous, confirmed: Announces conformity based on the results of the Organization's conformity certification certification is indicated or appropriate self assessment results the Organization's rules, individual manufacturing, plant breeding business.
3. conformity Sign follow prescribed in clause 2 article 4 of decision 24/2007/QD-BKHCN on 29/8/2007 of the Ministry of science and technology on the promulgation of regulations on certification of conformity and standards certification, announced conformity.
Article 4. Assign and manage the activities of the organization certified the quality of seed 1. Conditions, record, sequence and operations management certification organization to comply with the provisions of circular No. 32/2009/TT-BNNPTNT on 17/6/2010 rules of the sampling, auditing people, same quality certification organizations, crop and fertilizer products.
2. Employees of the certification organizations include: the field inspection, sampling, testing people.
3. for certification organization as enterprise business, manufacturing plant varieties must have a quality management system and certification Division of the quality assurance activity independently, impartially with the manufacturing, sales, marketing, finance, and held in the same unit.
Chapter II CONFORMITY CERTIFICATION and CONFORMITY ASSESSMENT article 5. Registered and certified contract conformity 1. Organization, production, business personal like raw, Super grade parents, F1 hybrid seed hybrids: before production or import must sign the certificate of conformity to a specified certification organization; with the levels of other varieties: registration certificate of conformity or conformity assessment as defined in article 12 of this circular.
2. the registration Declaration conformity certification form Appendix 1 of this circular apply to domestic varieties or Appendix 2 of this circular apply to imported seed is sent to the certification organization mentioned in paragraph 1 of this article.
3. after receiving a certification organization Declaration register proceed signed certificate of conformity with individual organizations to register.
Article 6. Method, the order of certification of conformity 1. The certificate of conformity is applied according to the method 7: test, reviews, production of goods provided for in decision No 24/2007/QD-BKHCN on September 28, 2007 by the Minister of science and technology on the promulgation of regulations on certification of conformity and standards certification, announced conformity.
2. a conformity certification process) for domestic production, including steps to:-test-like paddy fields;
-Lot sampling of varieties;
-Testing of samples;
-Money check out (for the plot line of hybrid wheat parents 2 lines and F1 hybrid rice seed batches had the doubt in the auditing process);
-Certificate of conformity.
b) for imported varieties, comprising the steps of:-lot sampling of varieties;
-Testing of samples;
-Certificate of conformity.
Article 7. Rice seed testing 1. Rice paddy-like control specified by the inspection or certificate of training or certification organizations are the Organization of contract execution.
2. auditing method of rice varieties as specified in the respective technical regulation.
3. Only those rice varieties have been calibrated in accordance with the new technical standards are doing the same.
4. audit report form Appendix 3, 4, 5 of this circular.
Article 8. Sampling and sample the same 1. A sample) sampling due to the sampling is specified or the certificate of training certificates held or to be held for this contract.
b) sampling method as defined in the respective technical regulation.
Each batch just like taking a double model: a half-send the certified organization, half have production facilities in the same batch.
c) for the same batch requested the check or cash the check must take the form of a more climate (minimum weight 250 g) check or money order to the late check out.
2. Save the template just like the seed specimens must be stored in appropriate conditions for at least six months from the date of receipt of the sample.
Article 9. The same sample test 1. Samples of the same batch produced in countries with a satisfactory field testing or batch imported varieties have new customs declarations are conducting testing.
2. the same pattern by testing laboratory was assigned or accredited implementation.
3. test methods as specified in the respective technical regulation.
4. Slip the results of sample testing plant varieties according to the model in annex 6, 7, 8 of this circular.
Article 10. Money check out 1. Same batch of hybrid rice parent line 2 line of the production complex in the water field test results meet the requirements or the plot of F1 hybrid rice varieties have suspect in the inspection process was conducted to check money reviews exactly like pure and true.
2. Method of the check amount as specified in the respective technical regulation.
3. report the result of money check out according to the model in annex 9 of this circular.
Article 11. Certificate of conformity 1. Seed lot be conformity certification according to the model in annex 10, 11 of this circular when it meets the following requirements: a the same Batch)-made auditing results, rice field, testing the same specimen, results of money check out (for the rice mother line 2 line and hybrid F1 hybrid rice seeds have suspected when inspection).
b the same Batch imported) results of sample testing of varieties in accordance with technical standards.
2. Each batch of varieties granted 01 (a) certificates of conformity. The certificate of conformity is certified organization has issued a certificate for the same batch, it copies from the original book or the competent authority.
3. in case of registered cultivars batch production is indigenous or breed confirm 1 (for the rice varieties) but only the lower level standards shall be suitable certification procedures in the lower level that, if the same batch of owners have proposed in writing.
4. for hybrid rice varieties, if there is doubt about the other particle similar targets can be distinguished are certification organizations, certificate of conformity remains after having committed in writing of the same batch of quality guarantee and compensation for producers if the same quality due cause; at the same time conduct late check out samples of the same batch.
5. Pursuant to the provisions of article 5, article 6, article 7, article 8, article 9, article 10 and paragraph 1, item 2, item 3, paragraph 4 of this Article, the certificate of organization specific instructions about the order and the time of submission, evaluation and certification of the same batch of suitable technical standards.
Article 12. Judging conformity organization, production, business personal like conformity self assessment for indigenous, confirm the following sequence: 1. ploughing the same auditing: auditing by specified or the certificate of the Organization's training, production, business personal like or lease made as prescribed in clause 2 paragraph 3, paragraph 4, article 7 of this circular.
2. the same batch sampling due to the sampling is specified or the certificate of the Organization's training, production, business personal like or lease made.
3. seed Samples were analyzed at the specified test or recognition.

4. The same batch testing results, test results are consistent with the new technical regulation used to trading (purchase, sale, Exchange) commercial purposes.
Article 13. Late check out of 1. Required late check out for templates like to have doubt in the process of testing, the same form by the agency authorized State management requirements. Encourage late check out for other similar templates.
2. The method of late check out as specified in the respective technical regulation.
3. in case of late check-like pattern does not meet the quality requirements, the unit performs late check out up the minutes certified by organizations, individuals and organizations, check out mother has conformity certificates for batches of same. The case of organizations, individual or organization check late model certified intentionally does not confirm the minutes remain valid when signed, the sign of the unit made late check out and as a base to handle violation according to the regulations.
4. Slowly for 15 (fifteen) days after the end of the late check out, the unit performs late check out send report results late check out form Appendix 9 of this circular about agriculture Bureau, State regulators have the authority to request a late check out, lot owner and organization, individual lot quality conformity assessment just like that.
Article 14. Same batch code 1. Each batch must be like a private code to track, manage, consistency is maintained throughout the process from production, preservation, and use of the same batch.
2. Organization, production, business personal like put the same batch code as defined in paragraph 3 of this article; use the same batch code to internal management and subscribe to the accreditation organization.
3. the same batch code consists of 6 content the following sequence: province code (or directly governed City); code organization, production and business personal like; crop species code; breed codes; service code and year of manufacture or import of the year; same batch code is produced or imported during the year.
a) by province, City Code area code phone form Appendix 12 of this circular.
b) Organization Code, personal business like production by the Department of agriculture and rural development, where individual organizations granted business registration regulations and notice of cultivation Asmed form Annex 13 of this circular.
c) crop species Code, like the code, code-level service and years of manufacture or import of the year named model Appendix 14 of this circular.
d the same batch Code) – for the same batch produced in water: the same batch code is the number of batches of rice varieties held personal production, just like when started the production of the same form Appendix 14 of this circular.
-For the same batch import: same batch code is the number of the same batch were held, personal imports of seed set when importing form Appendix 14 of this circular.
4. organizations, individual business, manufacturing plant varieties beyond the implementation of prescribed goods labelling must be in the same batch or lot code code just like on the packaging.
Article 15. Same batch of records 1. For the same batch held the certificate of conformity certification include: the Declaration of registration, report on the audit, customs declaration, report samples, card templates, sample received votes, polling results, test results of money check out, a copy of the certificate of conformity according to model annex 10, Appendix 11 of this circular the result late check out (if any) and saved in the certification organization.
2. for batches of the same organization, individual manufacturing, seed business self-assessment conformity including test record, report samples, test results and votes in the Organization, individual manufacturing, plant breeding business.
Article 16. Free certificate of conformity conformity certification Fees due the Organization, individuals register accreditation to pay according to the provisions of the law on fees; case, the parties agreed upon by contract.
Chapter III RECEIVING a PUBLISH CONFORMITY SEED article 17. The sequence of receiving a proper disclosure rules 1. Organizations and individuals announced the combination rules 01 (a) resume published conformity by post or sent directly to the Department of agriculture and rural development, where the Organization, individuals register production operations, seed business.
a) case announced combination of rules based on the results of the certificate of conformity of certified organization, records include:-A announced conformity form Appendix 15 of this circular;
-Certified copies in case of filing by mail or have a key to reconciliation in the case of direct filing the certificate of conformity of the lot 1st seed representing each breed produced, certified by the business organization is specified;
-A brief description of each seed are produced, business (same name, origin, characteristics, primarily manual, technical requirements).
b) case announced combination of rules based on the result of the organized self assessment, individual manufacturing, plant varieties, business profile includes:-A announced conformity form Appendix 15 of this circular;
-A report on the major field test according to Appendix 5 of this circular and the vote results tested samples of the same batch 01 represents each seed is produced by the laboratory business, recognized or specified level;
-A brief description of each seed are produced, business (the source, mainly features, manuals, ask cereal);
-Production process and quality control plans are formulated and applied according to the form prescribed in annex 11 of the circular 83/2009/TT-BNNPTNT on December 25, 2009 guidelines on conformity certification activities, announced the conformity in the field management of the Ministry of agriculture and rural development or a copy of the certificate of ISO 9001 is suitable in case the nest individual officials announced the conformity of quality management system has been certified ISO 9001.
2. The time limit for solving receiving a proper disclosure rules a) case records do not meet the requirements:-for the record to be sent by mail: within 3 (three) working days from the date of receiving the record, Department of agriculture and rural development reported in writing to the Organization personally, on these points, the content is not yet fit to complete the profile;
-For the record to be sent directly to: public officials receive and check the records, if incomplete, then return the record and guide organization, additional individual, complete the profile.
b) full record case: within 5 (five) working days from the receipt of the record, the Department of agriculture and rural development reported in writing to the Organization, the individual conformity announced about receiving a disclosure form Appendix 16 of this circular.
c) the time limit for the Organization, complete personal profile is not included in the term settlement profile.
Article 18. The responsibility of individual organizations announced the combination of rules made under the provisions of article 13 of the circular 83/2009/TT-BNNPTNT December 25, 2009.
Chapter IV IMPLEMENTATION article 19. The responsibility of individual organizations 1. Agriculture Bureau is responsible for: a) The Ministry issued and directed the implementation of the legal text, the technical standards, the same manufacturing process related to conformity certification activities;
b) guide the certification organization that has been recognized or specify additional functions and duties; improve the management system and regulatory capacity. Assign and manage the operation of the laboratories, organized seed quality certification on nationwide;
c) directing the Center tested varieties, crop products and national fertilizer professional training for staff of certified organizations, training people, the sampling, testing and control for late check out seed; Mission clue Guide, professional supervision; General auditing, testing results, the certificate of conformity on nationwide;
d) check, handle complaints, violations, accusations about the conformity certification areas across the country;
Active Steering) certificate of conformity field crop varieties; annual report of the Ministry of agriculture and rural development, on the results of conformity certification activities.
2. The Department of agriculture and rural development is responsible for: a) the Organization's code of regulations, personal business, production of local cultivars and cultivation Bureau informed as defined in point b of paragraph 3 of article 14 of this circular;
b) inspecting, inspections, complaints, accusations related to operations quality certificate suitable cultivars on technical regulation.
c) receiving proper notification and publication of receiving a published case rules of the Organization, personal business, production of local crop varieties;
d) synthesized report receiving announced quarterly conformity about the Agriculture Bureau.
3. quality certification institutions plant breeding responsibly: a) conformity certificate: implementation-Level super pure breed strains, raw breed parents of hybrid rice varieties: seed testing center, crop products and national fertilizers;
-F1 hybrid rice Seed production in the country: the Center tested varieties, crop products and national fertilizers and certified organizations not involved in manufacturing, trading of crop varieties;
-The levels of other varieties: all specified certification organization.
b) made late check out according to the provisions of article 14 of this circular;
c) six month send report results certified conformity of seed cultivation Bureau according to the form prescribed in annex 17 of this circular.
4. organizations and individuals, producers, seed business a) Organization, personal business, manufacturing plant varieties for commercial purposes are responsible for:-registration of the certificate of conformity or conformity assessment as prescribed in this circular;
-Keep the same batch records as prescribed in this circular;
-Implement appropriate regulations under the rules announced in this circular;
-Conformity certification fee as stipulated in article 16 of this circular;
b) cooperatives, cooperative, Club, farmer household investment, support from the State budget to produce validated and used to Exchange under the Administration's plan or agricultural extension Agency, non-commercial purposes:-rice varieties test as prescribed in this circular;
-Encourage sampling, testing, announced conformity, conformity mark according to the provisions of this circular;

-Encourage the full prescribed label or on the packaging minimum must have the same name; the cooperative name, the collaboration, clubs, household production; the words "confirm" or "rice varieties XN1 XN2 rice varieties" or "day, month, year" and close the cover.
c) Organization, personal sale of cultivars are available the original or a copy: notification of receiving a proper disclosure rules; same batch of certificate conformity or technical regulation of the auditing report on the rice breed and vote results sample test seed, tubers of varieties (case reviews conformity) of each batch.
Article 20. Terms of implementation 1. This circular has the effect after 45 days from the date of signing and the replacement decision 41/2007/QD-BNN on 15/5/2007 of the Ministry of agriculture and rural development regulation on quality certificates suitable standard cultivars; Replace paragraph 4 of article 3, article 5 of the circular 42/2009/TT-BNNPTNT on 10/7/2009 of the Ministry of agriculture and rural development regulation on production management, sales and use of Super rice seed resource strains, strains, confirmed, hybrid rice parents rice varieties and seeds-F1 hybrid.
2. Delivery of Agriculture Bureau do clue to track, organize implementation of this circular. 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 promptly resolve./.