Thông tư 42/2009/TT-BNNPTNT

CIRCULAR

DEFINING MANAGEMENT OF PRODUCTION, TRADING AND USE OF RICE SEEDS OF SUPER-PROTOTYPAL, PROTOTYPAL AND CERTIFIED GRADES, RICE VARIETIES OF HYBRID RICE PARENTS AND F1 HYBRID SEEDS

Pursuant to the Government's Decree No. 01/2008/NĐ-CP on January 03, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural development; Pursuant to the Standing committee of the National Assembly of the Socialist Republic of Vietnam’s Ordinance on plant varieties No. 15 / 2004 / PL-UBTVQH11 dated March 24, 2004;

The Ministry of Agriculture and Rural development defines management of production, trading and use of rice seeds of super-prototypal, prototypal and certified grades, rice varieties of hybrid rice parents and f1như hybrid seeds

Article 1. Scope of regulation

This Circular defines the management of production, trading and use of rice seeds of super-prototypal, prototypal and certified grades, rice varieties of hybrid rice parents and f1 hybrid seeds (hereinafter referred to as the rice seeds).

Article 2. Regulated entities

Domestic organizations and individuals and foreign organizations and individuals involved in the production, trading and use of rice seeds in Vietnam.

Article 3. Interpretation of terms

In this Circular, the following terms shall be interpreted as follows:

1. Authored seeds mean pure seeds selected and created by an author.

2. Super-prototypal rice seeds mean rice seeds propagated from authored seeds or restored from seeds produced according to the super-prototypal seed-restoring process and satisfying the prescribed quality standards.

3. Prototypal rice seeds mean rice seeds propagated from super-prototypal seeds and satisfying the prescribed quality standards.

4. Certified rice seeds mean rice seeds propagated from prototypal seeds through one or two generations, including:

a) First generation certified rice seeds (known as certified rice seeds No.1, XN1) are rice seeds propagated from prototypal seeds under manufacturing process of certified rice seeds and satisfies the quality standards under TCVN 1776-2004.

b) Second generation certified rice seeds (known as certified rice seeds No.2, XN2) are rice seeds propagated from rice seeds No.2 under manufacturing process of certified rice seeds and satisfies the quality standards under temporary provisions in the Appendix to this Circular.  

5.  Hybrid parent rice seeds are rice seeds of Cytoplasmic Male Sterile (CSM), Themo sensitive Genetic Male Sterile (TGMS) OR Photoperiod sensitive Genetic Male Sterile (PGMS) and a male parent line (a fertility restoring line) produced in accordance with the techniques of propagation of hybrid rice parental line and satisfies the prescribed quality standards.

6. F1 hybrid rice seeds are rice seeds generated by crossing a male-sterility line (CMS, EGMS, PGMS) AND a male parent line (a fertility restoring line UNDER manufacturing process of hybrid rice seeds and satisfying the prescribed quality standards.  

Article 4. Trading and production conditions of the rice seeds

1. Organizations and individuals investing in production, trading certified rice seeds (1, XN2) for commercial purposes must meet the following conditions:

a) Have Certificate of Business registration in the field of plant varieties;

b) Have a place of production and trading suitable to requirements for production and trading of the certified rice seeds;

c) Have suitable facilities, equipment and techniques for production, processing and storage of rice seeds;

d) Have or hire technical staff with levels of secondary of cultivation, plant protection or more or Certification of Training production techniques of the rice seed held by Department of Crop Production , the Service of Agriculture and Rural development;

dd) Be named in the list of plant varieties permitted for production and trading of the produced rice varieties;

e) Comply with the manufacturing process of rice seeds issued by the Ministry of Agriculture and Rural development for the certified seeds.

2. Organizations and individuals investing in production and trading rice seeds of super-prototypal, prototypal grades, rice varieties of hybrid rice parents and f1 hybrid seeds for commercial purposes, in addition to the conditions specified in paragraph 1 of this Article, shall meet the following requirements:

a) Register for certification on quality of plant varieties that meet the standard in certification body of quality of plant varieties as prescribed, before producing the seeds;

b) Have or hire technical staff with a minimum level of university in cultivation or plant protection majors.

c) comply with the manufacturing process of the rice seeds of super-prototypal, prototypal grades, rice varieties of hybrid rice parents and f1 hybrid seeds issued by the Ministry of Agriculture and Rural development  For production of rice seeds of super-prototypal, prototypal grades, strictly comply with the following contents:

- If the starting material is the authored seed or super-prototypal seed, the super-prototypal seed shall be got after two cops and prototypal seed shall be got after three crops;

- If the starting material is the seed which is unqualified for super-prototypal seed, the super-prototypal seed shall be got after three cops and prototypal seed shall be got after four crops;

- It is strictly forbidden to produce super-prototypal seeds under the method of selection and monoclonal propagation.

3. Cooperatives, cooperative groups, clubs, farmer households participating in programs and projects of production of rice varieties invested, supported by government or agricultural extension agencies at all levels shall meet the following requirements:

a) For production of super-prototypal rice seeds, F1 hybrid rice seeds: be fully qualified for conditions specified in clauses 1, 2 of this Article.

b) For production certified seeds (XN1, XN2): Be qualified for the conditions specified in paragraph 1 of this Article, or at least must meet the following conditions:

- Conditions are specified in points b, c, d, e, Clause 1 of this Article;

- Rice varieties in production must follow the instructions of the authorities or agricultural extension agencies.

Article 5. Verification, testing and certification of quality of rice varieties

1. Rice seeds produced by organizations and individuals for commercial purpose:

a) Rice seeds of super-prototypal, prototypal grades, rice varieties of hybrid rice parents and f1 hybrid seeds must be verified, tested and certified quality complying with standards as prescribed;

b) Certified rice seeds (XN1, XN2) must be verified, tested; encouraged to be certificated the quality complying with standards as prescribed;

c) Seed fields shall be verified, samples of seed shall be taken, tested and certified quality complying with standards carried out by designated or recognized verifiers, sampling persons, laboratory and certification body;

d) All rice seeds of super-prototypal grades, rice varieties of hybrid rice parents shall be verified, tested and certified quality complying with prescribed standards by National Center for Testing of Variety, Crop’s Products and Fertilizers (Department of Crop Production)

2. The rise seeds produced by cooperatives, cooperative groups, clubs, farmer households invested, supported from programs and projects of rice production of government or agricultural extension agencies at all levels shall meet the following requirements

a) For rice varieties of prototypal grades, and f1 hybrid seeds: Comply with the provisions of Points a, c, Clause 1 of this Article.

b) For certified rice varieties (XN1, XN2):

- Fields must be verified by persons of cooperatives, cooperative groups, clubs, households with training certificates for rice seed production or hired designated or recognized verifiers;

- Seeds after harvest in case of for sale or exchange for commercial purposes must be sampled and tested quality by designated or recognized sampling persons, laboratory;

- Seeds after harvest in case of for exchange under the plan of government or agricultural extension agencies with non-commercial purpose shall be encouraged to be tested the samples at designated or recognized laboratories; encouraged to adequately label as prescribed or at least label the names of rice varieties, producing cooperatives, cooperative groups, clubs, household on the packaging; the words "XN1 " or " XN2" and the date of packing.

- Seeds after harvest in case of for self-use or the internal exchange shall be encouraged to comply with the above provisions.

3. Regulations on downgrading the quality of rice seeds

If rice seeds registered for production are prototypal or XN1 but only meet standard in the lower level shall be certified in accordance with standards of the level lower than that level; if the rice seeds do not meet the standards of XN2, they shall not be allowed to use for breeding.

Article 6. Post-inspection of rice seeds

Comply with the provisions of Article 7 of Regulation on certification of plant variety quality in accordance with the standards enclosed herewith the Minister of Agriculture and Rural development’s Decision No. 41/2007 / QD-BNN dated May 15, 2007.

Article 7. Use of rice seeds

1. Super-prototypal rice seeds shall only be used to produce prototypal rice seeds.

2. Prototypal rice seeds shall only be used to produce XN1 rice seeds.

3. XN1 rice seeds shall be used to produce commodity rice or XN2 rice seeds.

4. XN2 rice seeds shall only be used to produce commodity rice.

5. Hybrid parental rice seeds shall only be used to produce F1 hybrid seeds.

6. F1 hybrid seeds shall only be used to produce commodity rice.

Article 8. Implementation organizations

This Circular takes effect after 45 days from the date of signing.

2. This Circular replaces Regulation of management of production, trading and use of rice seeds of super-prototypal, prototypal and certified grades, and F1 hybrid seeds enclosed herewith the Minister of Agriculture and Rural development’s Decision No. 53/2006 / QD BNN dated June 26, 2006.

3. The Director of Department of Crop Production, the Chief of the Ministry Office , the Heads of units affiliated to Ministries and the related organizations and individuals shall be responsible for the implementation of this Circular.

4. Any problems arising in the course of implementation should be reported to the Ministry of Agriculture and Rural development (Department of Crop Production) for settlement./. 

APPENDIX

TEMPORARY CRITERIA FOR CERTIFIED RICE SEED NO. 2
(Enclosed herewith the Minister of Agriculture and Rural development’s Circular No. 42/2009 / TT-BNN dated July 10, 2009)

1. Verification of seed fields: Fields for production of rice seed XN2 must be verified as specified in TCVN 1776-2004 for production of certified rice seeds.

2. Standards of a seed field

Isolation: Fields for production of rice seed XN2 must be isolated as specified in TCVN 1776-2004 for production of certified rice seeds.

Purity and harmful weeds of the field for production of rice seed XN2: At each time of verification in accordance with the following provisions:

3. Standard of rice seeds XN2 : According to the following provisions:

Echinochloa colona; E. crus-galli; E. glabrescens; Leplochloa chinesnis; Oryza sativa L. var. fatua Prain.

** Rice seeds XN2 for self-use or exchange for non-commercial purposes shall be allowed the humidity which is greater than 14%.