Decree No. 94/2019/ND-CP Detailing a Number of Articles of the Law on Cultivation Concerning Plant Varieties and Cultivation Practices

Decree No. 94/2019/ND-CP dated 13 December 2019, issued by the Government in Hanoi, details the implementation of the Law on Cultivation dated 19 November 2018 (based also on the Law on Organization of the Government dated 19 June 2015 and at the proposal of the Minister of Agriculture and Rural Development). It prescribes in detail Clause 2 Article 12, Clause 8 Article 15, Clause 3 Article 16, Clause 3 Article 17, Clause 4 Article 21, Clause 3 Article 22, Clause 7 Article 24, Clause 3 Article 27, Clause 3 Article 28, Clause 5 Article 29, Clause 2 Article 56 and Clause 3 Article 57 of the Law on Cultivation. Its scope covers plant varieties and cultivation, except for organic cultivation under Clause 5 Article 69 of the Law, which remains governed by Decree No. 109/2018/ND-CP dated 29 August 2018 on organic agriculture. The Decree applies to domestic and foreign organizations and individuals involved in plant variety and cultivation activities in Vietnam. Under the IMPLEMENTATION PROVISIONS the Decree takes effect on 1 February 2020. It establishes common rules for administrative procedures under the Decree: dossiers are submitted as 01 set directly, by postal service or electronically via the national single-window mechanism, online public services, software, email or fax, with originals or certified copies for direct or postal filing and scanned copies of originals for electronic filing, and with foreign-language dossiers accompanied by a notarized Vietnamese translation or a translation certified by a translation agency; the competent agency checks dossier completeness immediately for direct submission or within 03 working days for postal or electronic submission, notifies any supplement required, and collects fees and charges directly, by transfer or as otherwise prescribed by law, with results returned directly, by post or electronically, and the applicant responsible for dossier authenticity. Chapter II on plant varieties regulates conservation, evaluation and prohibited export of plant genetic resources, and the management of variety production, trade and circulation. For conservation, the Department of Crop Production (Cuc Trong trot) places orders with qualified organizations and individuals to periodically survey and collect genetic resources in the form of seeds, seedlings, cuttings, tubers or other genetic material, with full documentation of location, time, sample type, quantity and collection method; resources are preserved at the Plant Resources Center and network units of the national plant resource conservation system upon order of the Department, either ex-situ (in cold storage, cryogenic nitrogen or other suitable technologies, in vitro, as genetic material or in field genebanks) or in-situ within the habitat of origin, or both depending on resources and conditions; evaluation includes genome decoding and assessment of agronomic, biological and use-value traits to serve exploitation. The Decree provides for formulation of the List of plant genetic resources prohibited from export and conditions for exchange and cooperation. It also details variety testing, naming, recognition of circulation, self-declared circulation, registration of protected varieties, licensing of variety production and trade, quality management, labeling, and handling of violations. Chapter III on cultivation provides detailed provisions on farming practices under Articles 56 and 57 of the Law, including general requirements for sustainable cultivation, crop structure, planting seasons and technical procedures; management of cultivation inputs such as fertilizers and conditions for safe use; and measures to protect cultivation land and environment. It assigns responsibilities to the Ministry of Agriculture and Rural Development, the Department of Crop Production, other ministries, ministerial-level agencies and Chairpersons of People's Committees of provinces and centrally run cities for organizing implementation, inspection and handling of violations within their competence.