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light-check Forest tree cultivars must meet requirements for quality under national standards

Decree No. 27/2021/ND-CP dated March 25th, 2021 of the Government on management of forest tree cultivars
VietlawOnline

This Decree provides for new regulations on management of forest tree cultivars, including conservation of genetic resources; cultivar research, selection, creation and testing; labels and names of forest tree cultivars; management of quality of forest tree cultivars; and production, trade, export and import of forest tree cultivars. Read more

According to Article 4 of this Decree “cultivars of major forest trees” must be strictly subject to chain-based management to ensure origin tracing

Forest tree cultivars, including seeds, cultivars, cuttings, grafts and bud unions, must satisfy corresponding national standards on cultivars in Appendix I enclosed with this Decree. Forest tree cultivars on which national standards are not available, their quality must be managed according to internal standards when.

This Decree takes effect from May 15th, 2021.

To abrogate Clause 1 and Clause 13 Articles 3; Articles 7 , 14, 15, 16, 17 of Circular No. 30/2018/TT-BNNPTNTstatus2 dated November 16th, 2018; Article 4 of Circular No. 43/2018/TT-BNNPTNTstatus2 dated December 28th, 2018.

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blue-check Scheme for restructuring of Vietnam’s rice industry by 2025 and 2030

Decision No. 555/QĐ-BNN-TT dated January 26th, 2021 of the Ministry of Agriculture and Rural Development on approving scheme for restructuring of Vietnam’s rice industry by 2025 and 2030

This Decision takes effect from the date of its signing and replaces Decision No. 1898/QD-BNN-TT dated May 23rd, 2016.

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blue-check Report on accessing genetic resources and sharing benefits of using genetic resources

Circular No. 10/2020/TT-BTNMT dated September 29th, 2020 of the Ministry of Natural Resources and Environment on report on accessing genetic resources and sharing benefits of using genetic resources

This Circular takes effect from November 16th, 2020.

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blue-check Some vegetable, melon, pumpkin seeds shall be exempt from import duty

Official letter No. 4849/TCHQ-TXNK dated July 22nd, 2020 of the General Department of Vietnam Customs regarding settlement of duty on imported plant varieties
VietlawOnline

The General Department of Vietnam Customs requests provincial Customs Departments to apply Official letter No. 4481/BNN-TT dated July 2nd, 2020 of the Ministry of Agriculture and Rural Development in order to settle the duty exemption with regard to imported plant varieties including seeds of vegetable, melon and pumpkin.

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blue-check Issues relating to import of plant varieties

Official letter No. 800/TT-CLT dated July 7th, 2020 of the Cultivation Department regarding issues relating to import of plant varieties
VietlawOnline

According to opinions of the Cultivation Department, with regard to plant varieties included in the List of plant varieties permitted for production and sale promulgated together with Circular No. 15/2018/TT-BNNPTNT, if they are granted the Decision on recognition of new plant varieties issued under the Ordinance No. 15/2004/PL-UBTVQH11status1 on Plant Varieties (this Ordinance expired from January 1st, 2020 and is replaced by the Law on Law on Crop Production No. 31/2018/QH14 ), they shall be further imported, sold for a period of 10 years (counted from the date of issuance of the Decision). Read more

With regard to perennial plant varieties, they shall be further imported, sold for a period of up to 20 years.

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blue-check List of plant varieties exempt from import duty if they are used for serving production

Official letter No. 4481/BNN-TT dated July 2nd, 2020 of the Ministry of Agriculture and Rural Development regarding certification of plant varieties which have to be imported
VietlawOnline

The document is to announce the List of plant varieties (including vegetable, melon and pumpkin), which cannot be domestically produced or insufficiently produced, shall be exempt from import duty if they are imported for serving production. Read more

At Official letter No. 3864/TCHQ-TXNK dated June 11th, 2020 the General Department of Vietnam Customs assumed that enterprises importing seeds (vegetable, melon) are required to contact with the Ministry of Agriculture and Rural Development for certifying that they are plant verities which have to be imported if the enterprises wish to be entitled to exemption from import duty.

Previously, on August 17th, 2017 the General Department of Vietnam Customs also provided guidelines for the similar issue at Official letter No. 5436/TCHQ-TXNK. Accordingly, in the period pending the promulgation of list or criteria for determination of goods to be exempt from duty according to Decree No. 134/2016/ND-CPstatus2 , imported shipments must be certified by Ministries in order to be considered for duty exemption.

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blue-check Classification of seeds regardless of their use purpose

Official letter No. 3997/TCHQ-TXNK dated June 17th, 2020 of the General Department of Vietnam Customs regarding classification and application of tax rates with regard to imported seeds
VietlawOnline

According to explanatory notes Chapter 12 of Circular No. 65/2017/TT-BTCstatus2 , melon seeds, pumpkin seeds are classified into Heading 12.07 regardless of their purpose use for breed or other purposes. Read more

The import tax exemption with regard to seeds, the General Department of Vietnam Customs has provided guidelines at Official letter No. 3864/TCHQ-TXNK dated June 11th, 2020.

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stop-check Charges in the sector of plant varieties shall be reduced 50%

Circular No. 56/2020/TT-BTCstatus1 dated June 12th, 2020 of the Ministry of Finance on regulating rates of fees and charges in the crop growing and forest plant varieties sector
VietlawOnline

The following charges and fees in the plant varieties sector shall be reduced by 50% from June 12th, 2020 to the end of December 31st, 2020: Read more

- Grant patents or certificates of registration of contract on transfer of industrial property rights;

- Filing applications for registration of protection of intellectual property rights;

- Filing applications for grant of certificates of practicing as industrial property representatives;

- Announcement and registration of industrial property representatives.

This Circular takes effect from June 12th, 2020 to the end of December 31st, 2020.

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blue-check Regarding import duty exemption for plant varieties

Official letter No. 3864/TCHQ-TXNK dated June 11th, 2020 of the General Department of Vietnam Customs regarding settlement of duty on imported plant varieties
VietlawOnline

Enterprises importing vegetable and melon seeds of all kinds need to contact with the Ministry of Agriculture and Rural Development to certify plant varieties necessary to be imported if they wish to be entitled to import duty exemption according to Decree No. 134/2016/ND-CPstatus2 . Read more

Previously, on August 17th, 2017, the General Department of Vietnam Customs has provided guidelines for this issue at Official letter No. 5436/TCHQ-TXNK. Accordingly, while pending the Ministries promulgate List or criteria to determine goods exempt from import duty according to Decree No. 134/2016/ND-CPstatus2 , imported shipments must be certified by the Ministries for consideration of duty exemption.

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red-check New regulations on inspection of quality of imported plant varieties

Circular No. 26/2019/TT-BNNPTNTstatus2 dated 27/12/2019 of the Ministry of Agriculture and Rural Development on storage of plant variety samples; field inspection, sampling of propagating materials; state inspection of quality of imported plant varieties.
VietlawOnline

This Circular comes into force from December 10th, 2020. Read more

This Circular supersedes the regulations on person in charge of inspection and persons in charge of sampling of plant varieties specified in Clause 4, Clause 8, Clause 11, Clause 16 and Clause 17 Article 5 of the Circular No. 17/2011/TT-BNNPTNT dated April 6th, 2011;Regulation “A certificate of conformity of shipment of imported plant varieties issued by the certification body or the inspection result given by the designated inspection body is the groundwork for clearance of imported plant varieties by customs authorities” specified in Point a Clause 1 Article 4 and Point b Clause 2 Article 7 of Circular No. 46/2015/TT- BNNPTNT dated December 15th, 2015.

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