THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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No. 41/2009/TT-BNNPTNN
SOCIALIST REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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Hanoi, July 09, 2009
CIRCULAR
On management and use of specimens of plant varieties
Pursuant to the Government’s Decree No. 01/2008/ND-CP dated January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to Intellectual Property Law no. 50/2005/QH11 dated November 29, 2005, Part Four: Rights to plant varieties;
Pursuant to National Assembly Standing Committee’s Plant Variety Ordinance No. 15/2004/PL-UBTVQH11 dated March 24, 2004;
The Ministry of Agriculture and Rural Development prescribes the management and use of plant variety specimens as follows:
Article 1.
Scope of regulation
This Circular prescribes the delivery, collection, preservation, storage and use of specimens of popular plant varieties on the list of plant species under state protection according to the Ministry of Agriculture and Rural Development’s decision.
Article 2.
Subjects of application
This Circular applies to domestic and foreign organizations and individuals engaged in the study, selection, creation, production, trading and use of plant varieties in Vietnam.
Article 3.
Interpretation of terms
In this Circular, the terms below are construed as follows:
a/ Written detailed description of a plant variety (below referred to as variety description) means a document representing properties of a agricultural plant variety under regulations on distinctness, uniformity and stability (DUS) testing, which is certified by a new plant variety protection or recognition agency;
b/ Variety specimen means the sample of a breeder seed, sapling or tuber with specific properties in conformity with its variety description recognized by a competent professional agency;
c/ Popular plant variety means a variety falling into one of the following cases:
- Plant varieties whose applications for recognition or protection have been accepted;
- Plant varieties which have been recognized to be added to the list of plant varieties permitted for production and trading or granted protection titles;
Plant varieties other than those specified above which are produced and traded on the market, including local varieties.
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