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Decision 95/2007/qd-Bnn: Enacted Rules On The Recognition Of New Agricultural Plant Varieties

Original Language Title: Quyết định 95/2007/QĐ-BNN: Ban hành Quy định về công nhận giống cây trồng nông nghiệp mới

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AGRICULTURE AND RURAL DEVELOPMENT
Numbers: 95 /2007/QĐ-BNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 26, 2007

A DECISION.

The Board of Planning on the recognition of new agricultural crops.

_____________________________

MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Base of Protocol 86 /2003/NĐ-CP July 18, 2003 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

The French base is like a number tree. 15 /2004/PL-UBTVQH11 March 24, 2004 of the Standing Committee of the National Assembly;

On the recommendation of the Director of the Bureau of Cultivation,

DECISION:

What? 1. The decision was issued by the decision "Regulations on recognition of new agricultural crops".

What? 2. The decision comes into effect after fifteen days from the date of the announcement and replaces the number decision. 19 /2006/QĐ-BNN March 21, 2006, of the Minister of Agriculture and Rural Development, which regulates the study, production, recognition, and naming of new agricultural crops.

What? 3. Chief of the Department, Chief of the Department of Cultivation, the Chief of Technology Science, Director of the Department of Agriculture and Rural Development of the provinces, the Central City of Central and Chief of the Organization, the relevant individual responsible for the implementation of the Decision. Hey.

Destination. :

-Like the third.

-Government office;

-The press.

-Government website;

-Department of Public Affairs, Department of Justice.

-Quan provinces, TP-based.

-The French case.

-Save VT, TT.

KT. MINISTER.

CAPTAIN.

(signed)

I'm sorry.

REGULATIONS

In recognition of new agricultural crops.

(Committee on Decision Number: 95 /2007/QĐ-BNN, November 27, 2007)

of the Minister of Agriculture and Rural Development)

_____________________________

Part 1

GENERAL REGULATION

What? 1. Range and subject applicable

1. This regulation regulates the sequence, the procedure of testing, testing, recognition, and naming new agricultural crops selected, domestic or domestic, to include the cultivable plant-like Catalogue.

2. This regulation applies to organizations, individuals who are involved in experimental activity, trial production, recognition and naming of new agricultural crops.

What? 2. Explain the word

In this Regulation the words below are understood as follows:

1. New plant-like experiment is the process of tracking, evaluating to determine the difference, consistency, stability, the value of cultivation and the use of the cultivable of the plant in certain conditions and times.

2. National Testing (Official Testing) is a form of research conducted by the facilities established by the Ministry of Agriculture and Rural Development (later known as the experimental basis) for the new breed of species belonging to the main plant.

3. Author Testing (Breeder Testing) is a form of research conducted by the organization, individuals who choose to create or enter the same self-implementation or contract with an implementation of the implementation of the new breed of plants that are not part of the main crop portfolio.

4. DUS Survey (Distinction, Uniformity, Stability) is the process of evaluating the differences, the consistency, the stability of the new cultivable tree, according to the DUS Survey.

5. VCU Test (Value of Cultivation and Use) is the process of evaluating the cultivation value and value of the new breed as: productivity, quality, pathological resistance, adverse conditions and the ability to produce seed-like VCU testing for each plant species.

6. Test breed is like the new agricultural crop that has passed the test, met enough conditions, was recognized by the Department of Agriculture, the Ministry of Agriculture and Rural Development for testing production.

7. Test Production is the new crop-like manufacturing process that has been recognized for the production of testing on the area and the ecological region certain in the production conditions of the tea.

8. Same official recognition. is like the new agricultural crop that passed the production of the test, meets enough conditions at 1 Article 10 of this Regulation or the breed has passed an outstanding special examination, which meets qualified at 1 Article 11 of this Regulation, which is established by the Ministry of Agriculture and Development. I'm sorry, rural.

9. Junior Science Council. is the Council due to the organization that resembles the established survey breed; the event that the organization has no self-established condition needs to recommend a professional career unit that helps establish; for organizations, individuals who are subordinated to the Department of Agriculture and Agriculture Development. It's the establishment. The Council tasked with evaluating the results of the experiment, production of testing, and offering the level of recognition of the new crop.

Part 2

SPECIFIC REGULATION

What? 3. The Test Form

1. The National Survey: compulsory for the cultivable of new cultivable plants of the Catalogue of the main crop and encouraged for other crops.

2. The author ' s examination: applies to new crops that are not part of the main crop portfolio.

What? 4. Experience Content

1. DUS Survey

a) The new cultivar cultivar of the Main Tree Catalogue must experience DUS when recognizing the official breed.

b) Recommend of the DUS experiment on new cultivable cultives that are not part of the main crop portfolio.

2. The VCU experience applies to all plant-registered cultivable crops, including basic testing and production testing.

a) For plants that have been investigated by the Ministry of Agriculture and Rural Development, it is done according to the practice of plant species.

b) For unorganized crops issued by the Ministry of Agriculture and PTNT, the individual organization has a self-built, self-built, self-built survey.

What? 5. The Survey Facility

1. The designated testing facility must have all the following conditions:

a) There is a plant-like activity registry;

b) The location is consistent with the examination requirement, the growth requirement, the development of each plant species;

c) There is a specialized device that meets the requirements of each plant species.

d) There are at least 01 technical cadres that are specialized in the field of cultivation or BVTV, and have a certificate of accretion knowledge of the plant-like experiment;

For the DUS testing facility there must be a standard set of products that are producing business as a witness.

2. The procedure to specify a

a) The Facility is eligible for a prescribed crop-like experiment at 1 This sent registration records of the Department of Agriculture-the Ministry of Agriculture and PTNT. The profile consists of:

-The proposed application is a test basis. (Appendix 1);

-A copy of the establishment decision or a business registration certificate, or a private investment license.

b) In the period of 45 days (forty-five days) from the date of a valid filing, the Farm Bureau organizes the appraisal, if qualified, the decision to specify the basis of the examination.

What? 6. The procedure, procedure, and scale

  1. National Survey

a) The organization, the individual sending the profile: The application register. (Appendix 2) and the Technical Paper (Annex 3) live directly or via the mail line for the specified experience base.

b) The database receives the case; if the valid profile conducts the test contract; if the case is not valid, during the five-day (five-day period) work since receiving the case, the research facility informs the organization, the individual finer the case according to the case. regulation.

c) Based on the contract, the experimental basis conducts the survey according to the scope of the survey.

d) The Accountability Facility has the responsibility to submit the report results report on the Cultivation Bureau of 45 days (forty-five days) after the end of the experiment.

2. The Author Survey

Prior to the conduct of the organization, the individual had direct access to the application submitted directly or via the application register. (Appendix 2) about the Center for Breeding Examination, the National Product and Fertilizer Product.

3. The scale of the maximum production of production for each plant species is regulated at Appendix 4.

What? 7. Conditions, procedures recognize the breed for testing production

1. The breed condition is recognized for the test production: The breed has passed the use of the value used and the appropriate cultivation value required the production, which is far above the same as one of the following indicators:

a) The yield is at a minimum of 10%;

b) The quality of nutrition, sensors, exports, better processing;

c) There is a higher economic effect;

d) There are better agricultural properties (suitable growth times, deep resistance to disease or adverse appearance conditions).

2. The procedure for recognizing crops for production.

a) The organization, the individual with the new crop recommended to be recognized for the production of the trial for the Bureau of Cultivation, records include:

-A proposal to recognize the production breed. (Appendix 5) ()

-The VCU test results report;

-The meeting editor of the Scientific Council recommended for the test production;

-The results of the DUS experiment in the event of a complaint, denounce or organization, the individual of the experiment has doubts about the difference of the breed.

b) In the 30-day period (thirty days) from the date of a valid filing, the Bureau of Cultivation Appraisal, if valid records determine the establishment of the Scientific Council for the evaluation of the results of the experiment. As recommended by the Scientific Council, the Bureau of Cultivation decided to recognize the breed's production.

What? 8. Test maker

1. The organization, the individual who has the production breed or is authorized to produce the breed is transferred the breed to the producer and must make the following requirements:

a) A specific guide to the cultivation techniques of the production breed for the manufacturer;

b) There is a valid contract or list of names, addresses of the organization, individual production, time, number of breeds transferred;

c) Trace the breed assessment during the production process and must compensate or support the damage if caused by the breed.

2. After the end of the 30-day maximum cultivation period (thirty days), the organization, which individuals have a test production breed or is authorized to submit reports on the breed name, site, area, trial period for the Department of Agriculture and the Department of Agriculture and PTNT where production. Try.

What? 9. Scale, trial period

1. The production breed produced in the provinces, the ecological region is recognized for production. The expansion of the production of the production to another, organized, individual-like production must have the recommended text and the consent of the Farm Bureau.

2. The total production area is prescribed in Annex 6.

3. The period from when it is produced until the offer of a formal recognition of 3 years (three years) for the short tree, 07 years (seven years) for the long tree; too long, if the breed is not officially recognized, it will not continue to produce.

What? 10. Conditions, formularas recognize new crops

1. Public condition

a) The same way that the production of at least two cases for the short, two years of harvest for the long tree is dated and has a minimum scale in Appendix 6.

b) The test production results show that the breed retains the same good properties as in the test and the required response of the production.
c) The same is the difference, consistency and stability.
d) The breed is called in accordance with the specified name at Article 12 of this Regulation.

There is an assessment of the local breed, where the production is.

2. Procedal recognition

a) The organization, the individual who has the breed to recommend the recognition of the filing of the Farm Bureau, the records include:

-A new tree-like proposition. (Appendix 5) ()

-Report test results.

-The cultivable process of cultivating the breed.

-Report results of the DUS (mandatory for main crop);

-The editorial board of the Scientific Council offers official recognition;

-The local text-like assessment, where the production is.

b) For a 30-day period (thirty days) from the date of reception of valid records, the Bureau of Cultivation Cultivation and the Ministry of the Ministry of Scientific Committee majorally evaluated the results of the production results. Based on the recommendation of the Professional Scientific Council, the Ministry of Agriculture presented the Ministry of Agriculture and Rural Development to officially recognize the breed as new agricultural crops.

What? 11. Conditions, procedures of recognition of new crop varieties

1. Special recognition conditions

a) The same way through a basic test and a production of at least two known names or through a test case, there is a value to use and the appropriate value of the cultivation required, significantly outperforming the breed's breed of at least one of the following instructions:

-The yield is higher than 15% or more.

-The quality of nutrition, sense, export, processing ... is more superior to the same as the witness.

-There are significant agricultural properties that are markable compared to the object (the time of the right of the birth, the ability to withstand the depth of the disease or the conditions of the adverse conditions ...).

b) The same is the difference, consistency, and stability.
c) The same name is in accordance with the regulation at Article 12 of this Regulation.

d) The research facility and the rural and rural development of the rural development site where the offer of production offers a special recognition.

2. Procedto recognition

a) The organization, the individual with the new breed offering to recognize the special recognition of the file sent to the Bureau of Cultivation, records include:

-A new tree-like proposition. (Appendix 5) ()

-Report results report and complete the process of planting techniques;

-Process engineering.

-The minimum DUS test results report of the first case shows that the breed has the difference and consistency (mandatory for the main crop);

-The editorial board of the Scientific Council.

-The proposed text recognizes the new cultivable of the Department of Agriculture and Rural Development where the production experience.

b) In the 30-day period (thirty days) from the date of the adoption of valid records, the Bureau of Cultivation Cultivation and the establishment of the Ministry of Scientific Council majorally evaluated the results of the experiment. The proposed base of the Scientific Council, the Ministry of Agriculture, the Minister of Agriculture and Rural Development officially recognized the breed as a new crop.

What? 12. The principle of naming new agricultural crops

1. Each new crop breed when making the production only has a unique name in accordance with this regulation;

2. The breed name must be easily distinguished from the names of other crops of the same species;

3. The naming patterns below are not accepted:

-Only with the digits;

-Violation of social morality;

-Easy to misunderstand the characteristics of the author's breed or hybrids;

-A-or similar to the point of confusion with the brand name, the name of the origin is being protected for the product.

What? 13. New agricultural plant name

1. When filing a recognition offer, the organization, the individual register the name of the new crop breed in the acceptance proposal, in the report results report, the test results result.

2. The Bureau of Cultivation Appellate and the official breed name together with the profile of the new agricultural crop.

3. The official name of the new agricultural crop breed is inscribed in the decision to recognize the breed and in the plant-like Catalogue is allowed to produce business.

What? 14. Check, inspect, resolve the complaint, denounce

The examination, examination of the examination, production of testing, recognition, and naming of new agricultural crops performed under the Law of Inspector and the relevant legislation.

2. Organization, individuals with the right to complain, denounce violations of violations in the field of testing, trial production, recognition and naming of new agricultural crops. The settlement of the complaint filed under the Law of Complouncing.

What? 15. Experience fees and fees for the recognition of new agricultural crops

The organization, the individual with the new agricultural plant that registers the experiment, recognizes the same charge, the prescribed fee. In the absence of state regulations, the cost of the research is under contract.

What? 16. Deliver the mission of relevant agencies
1. The Farm Bureau

a) The implementation of the state management function of the experiment, production of testing, recognition, naming plant varieties within the country, of duty:

-Proposal for standard construction, technical regulation, technical economic rating of plant-like research;

-The appraisitology and the examination facilities;

-The Farm Bureau coordinated with the Science of Technology, Department of Agriculture and PTNT testing, which evaluated the breed in the course of the testing, production of the test.

-Receiving and appraisal of the proposed case recognition breed, the establishment of the Scientific Council specialized in evaluating the results of the experiment and the decision to recognize the breed production breed.

-Reception and appraisal of the proposed record of formal recognition of new agricultural crops, the establishment of the Ministry of Scientific Committee specialized in evaluating the results of the production results; the Ministry of Public recognition of the new agricultural plant.

-Check, inspect, resolve the complaint, denounce in the field of testing, test production, recognition and naming new cultivable crops.

b) The Centre for Breeding Examination, crop products and national fertilizers is the body that helps the Farm Bureau:

-Execute lead, surveillance, specialized training exercises on field-based testing facilities. The most important manager of the plant is in the country. Receiving the application registration and monitoring of organizations, individuals perform the author's research.

-Direct mission mission to plant species designated by the Ministry of Agriculture and Rural Development.

2. Technology Science Case

a) Building a plan, construction organization, and the Ministry of Standards Board of Standards, the technical standard of planned plant-like testing, according to the approved plan.

b) Coordinating with the Bureau of Tracking Cultivation, assessed the breed in the course of the examination, production of testing, and participation in the Council of Sciences for recognition of new agricultural crops.

3. Department of Agriculture and Rural Development

a) Track, monitoring of the study, production of new crop breeding on the site.

b) Reaction production results and propose a new breed specification.

c) Implemucing the inspection, inspection and settlement of the complaint, denouncing the test and production of the plant-like test on the site.

What? 17. Last Article

In the course of execution, there is an entangrium or organization, the individual reflects on the Ministry of Agriculture and Rural Development to promptly review the ./.

KT. MINISTER.
Chief.

(signed)

I'm sorry.