Law
31/2018/QH14
Law No. 31/2018/QH14 on Crop Production
National Assembly
Vietnam's highest representative body and the only organ with constitutional and legislative power. It enacts and amends the Constitution and laws, decides major national policy and the state budget, and exercises supreme oversight over all state activity; its deputies are elected nationwide.
Document Type | Document Number | Recorded status | Date Effective | Issuing Body | Official Source URL |
|---|---|---|---|---|---|
Law | 31/2018/QH14 | In effect | 01/01/2020 | National Assembly | https://phapluat.gov.vn/legal-documents/137312 |
Key provisions
Plant variety may be circulated only after grant of a Decision on recognition for circulation, a Decision on special recognition for circulation, or completion of self-declaration for circulation in accordance with the Law.
Plant variety testing must be conducted at recognized testing organizations and satisfy national standard on distinctness, uniformity, stability and value of cultivation and use.
Fertilizers require a Decision on recognition of fertilizers for circulation; production and trading of fertilizers are conditional business lines subject to prescribed facilities, personnel and quality management systems.
Organizations and individuals engaged in cultivation have obligation to use and protect land, water and topsoil, comply with production processes and ensure environmental protection and food safety.
The State manages and issues planting area codes, encourages high-technology application, mechanization, organic cultivation and concentrated commodity production zones, and establishes the national database on cultivation.
Summary
Legal basis and promulgation
Law No. 31/2018/QH14 on Crop Production was adopted by the National Assembly of the Socialist Republic of Vietnam on 19 November 2018 in Hanoi, on the basis of the Constitution of the Socialist Republic of Vietnam. The Law provides the comprehensive legal framework for cultivation activities in Vietnam. It took effect on 1 January 2020.
Scope and subjects of application
The Law regulates activities related to cultivation, including plant genetic resources, plant variety, fertilizers, farming, harvesting, preliminary processing, preservation, processing and trade of crop products. It applies to Vietnamese and foreign organizations and individuals conducting cultivation-related activities in Vietnam. Chapter I provides general provisions on scope, definitions, principles of cultivation, policies of The State, strategy for development of cultivation, science and technology, international cooperation, the national database on cultivation, and prohibited acts.
Management of plant variety
Chapters II and III regulate plant genetic resources and plant variety. The Law provides for research, selection, creation and transfer of plant variety; exploitation, use and conservation of plant genetic resources; requirements for recognition for circulation, self-declaration for circulation, and special recognition for circulation of plant variety; naming, testing (khao nghiem), sampling and storage of plant variety; grant, re-grant, extension, suspension, restoration and revocation of Decisions on recognition for circulation; conditions for plant variety production and trading; labeling and advertisement; import and export; and rights and obligations of organizations and individuals engaged in breeding, production, trading, testing and quality inspection of plant variety. Plant variety may only be circulated after being recognized or self-declared in accordance with national standard and quality management requirements.
Management of fertilizers
Chapter IV regulates fertilizers. The Law prescribes conditions for recognition of fertilizers for circulation, grant, re-grant, extension and revocation of Decisions on recognition of fertilizers; fertilizer testing; conditions for recognition of fertilizer testing organizations; conditions for production and trading of fertilizers; import and export of fertilizers; state inspection of fertilizer quality; naming, labeling and advertisement of fertilizers; and rights and obligations of fertilizer producers, traders, testing organizations, samplers and inspectors. Fertilizers must satisfy quality, labeling and circulation requirements before being placed on the market, and unqualified or prohibited fertilizers are subject to control.
Farming, harvesting and environmental protection
Chapters V to VII regulate farming and related practices. The Law sets requirements for land use and land protection in cultivation, conversion of crop structure on rice land, protection and use of topsoil, use of irrigation water, beneficial organisms, and agricultural materials and supplies and equipment. It provides for development of concentrated commodity production zones, cooperation and linkage in production, management and issuance of planting area codes, production processes, application of high technology and mechanization, development and protection of cultivation zones, organic cultivation, climate-change-adaptive cultivation, and cultivation on sloping and arid lands. It also prescribes environmental protection obligations in cultivation, rights and obligation of cultivating organizations and individuals, and rules on harvesting, preliminary processing, preservation, processing, collection, treatment and use of crop by-products, and market development and trade of crop products.
Effect and transition
As a Law of the National Assembly, this Law is the principal legal instrument governing cultivation and replaces the previous fragmented regulations on plant variety and fertilizers. Detailed implementation is assigned to The Government for elaboration of procedures, dossiers, time limits and competent authorities for recognition, testing and quality management.
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About this summary
HAPRI LawWatch presents a summary, key provisions and related-document links. This is not the official legal text or legal advice. Check the official source before applying it.