Nghị định 103/2020/ND-CP

DECREE

CERTIFICATION OF FRAGRANT RICE VARIETIES EXPORTED TO THE EUROPEAN UNION

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Treaties dated April 09, 2016;

Pursuant to the National Assembly’s Resolution No. 102/2020/QH14 dated June 8, 2020 on ratification of EU-Vietnam Free Trade Agreement (EVFTA);

Implementing the EU-Vietnam Free Trade Agreement (EVFTA) which enters into force from August 01, 2020;

At the request of the Minister of Agriculture and Rural Development;

The Government hereby promulgates a Decree on certification of fragrant rice varieties exported to the European Union.

Chapter I

GENERAL

Article 1. Scope

This Decree provides for certification of fragrant rice varieties on the List specified in Point 8 Sub-section 1 Section B Appendix 2-A of the EU-Vietnam Free Trade Agreement (hereinafter referred to as “the EVFTA”) which are eligible for quota-based exemption from import duty when exported to the European Union (hereinafter referred to as “the EU”).

Article 2. Regulated entities

This Decree applies to organizations and individuals whose activities involve the contents mentioned in Article 1 hereof.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “fragrant rice” refers to varieties of rice on the List specified in Point 8 Sub-section 1 Section B Appendix 2-A of the EFVTFA provided in the Appendix 1 enclosed herewith. The list of exported fragrant rice varieties shall be amended under the Decision of the Trade Committee of the EVFTA.

2. “fragrant rice plot” refers to a defined area of one or more adjacent parcels of fields on which the same variety is sowed at the same time.

Chapter II

REGULATIONS ON CERTIFICATION OF FRANGRANT RICE VARIETIES

Article 4. Conditions applied to fragrant rice varieties to be certified

1. Fragrant rice must be produced from fragrant rice seeds whose quality conforms to the National technical regulation; there must be clear information about the area and location of sowing (group/village, ward/commune, urban district/rural district/district-level town, province/city).

2. The fragrant rice plot must undergo an inspection to make sure that the varietal purity (percentage of plants) is not less than 95%.

Article 5. Regulations on inspection of fragrant rice plots

1. A fragrant rice plot shall undergo 01 inspection within 20 days prior to harvesting and an inspection record shall be made using the form pin the Appendix II hereof.

2. The method for inspection of the varietal purity of a fragrant rice plot is provided in the Appendix III hereof. A code shall be allocated to every fragrant rice plot subject to inspection as prescribed in the Appendix IV hereof.

3. Plant variety testing organizations which are recognized as prescribed in Article 21 of the Law on Crop Production and Article 7 of the Government’s Decree No. 94/2019/ND-CP dated December 13, 2019 shall carry out inspections of fragrant rice plots.

Article 6. The power to certify, re-certify and invalidate an authenticity certificate of fragrant rice

The Department of Crop Production affiliated to the Ministry of Agriculture and Rural Development has the power to certify, re-certify and invalidate an authenticity certificate of fragrant rice.

Article 7. Certification of fragrant rice varieties

1. An application for certification of a fragrant rice variety consists of:

a) An application form, which is made using the form in the Appendix V hereof;

b) A specimen authenticity certificate of fragrant rice, which contains the information mentioned in section 1 through 9 according to the form in the Appendix VI hereof;

c) An original or certified true copy of the fragrant rice plot inspection record made using the form in the Appendix II hereof;

d) A written agreement on transfer of the fragrant rice plot inspection record if the applicant is not stated in the record.

2. Sequence:

a) The applicant shall submit an application to the Department of Crop Production, whether in person or by post or online.

If the application is submitted in person or by post, the Department of Crop Production shall inspect the application and immediately give a response to the applicant on the adequacy of the application.

If the application is submitted online, components of the application shall be declared and digital signatures shall be attached to the provided electronic forms as prescribed in Clauses 1 and 2 Article 9 of the Government’s Decree No. 45/2020/ND-CP dated April 08, 2020. Within 01 working day from the date on which the application is received, the Department of Crop Production shall consider its adequacy; if the application is inadequate, notify the applicant in writing;

b) Within 05 working days from the date on which an adequate application is received, the Department of Crop Production shall carry out an appraisal and certify the fragrant rice variety according to the form in the Appendix VI hereof; in case of rejection of the application, provide a written explanation.

Article 8. Re-certification of fragrant rice varieties

1. An organization or individual may have its/his/her fragrant rice variety re-certified if the authenticity certificate of fragrant rice is lost or damaged or there is any change of the information relating to the issued authenticity certificate of fragrant rice.

2. An application includes:

a) An application form, which is made using the form in the Appendix V hereof;

b) A specimen authenticity certificate of fragrant rice, which contains the information mentioned in section 1 through 9 according to the form in the Appendix VII hereof;

c) A document proving the change in case of change of information about the issued authenticity certificate of fragrant rice;

d) The issued authenticity certificate of fragrant rice if the certificate is damaged or there is a change of relevant information.

3. Sequence:

a) The applicant shall submit an application to the Department of Crop Production, whether in person or by post or online.

If the application is submitted in person or by post, the Department of Crop Production shall inspect the application and immediately give a response to the applicant on the adequacy of the application.

If the application is submitted online, components of the application shall be declared and digital signatures shall be attached to the provided electronic forms as prescribed in Clauses 1 and 2 Article 9 of the Government’s Decree No. 45/2020/ND-CP dated April 08, 2020. Within 01 working day from the date on which the application is received, the Department of Crop Production shall consider its adequacy; if the application is inadequate, notify the applicant in writing;

b) Within 03 working days from the date on which an adequate application is received, the Department of Crop Production shall carry out an appraisal and re-certify the fragrant rice variety according to the form in the Appendix VII hereof; in case of rejection of the application, provide a written explanation.

Article 9. Invalidation of an authenticity certificate of fragrant rice

1. An authenticity certificate of fragrant rice shall be invalidated if the application for certification of fragrant rice is detected as a fraud.

2. Sequence:

a) Within 03 working days from the date on which information is reported, the Department of Crop Production shall verify it and notify invalidation of the issued authenticity certificate when having sufficient evidence;

b) Information about invalidation of the issued authenticity certificate shall be published on the web portal of the Department of Crop Production.

Article 10. Responsibilities of applicants for certification of fragrant rice varieties

1. Take legal responsibility for the accuracy and truthfulness of the information declared and the application submitted; for the trueness of the variety as prescribed in Article 4 hereof during the harvesting, drying, preliminary processing, storage, milling, processing and packaging.

2. Appoint persons to cooperate in carrying out the inspection prescribed in Article 5 hereof; provide adequate application, information and relevant documents during the certification of a fragrant rice variety; be subject to inspections by competent authorities.

3. Physically or electronically archive documents concerning fragrant rice variety certification within 05 years from the date of certification by the Department of Crop Production.

4. If the producer of the fragrant rice is not the applicant for certification of the fragrant rice variety that requires a fragrant rice plot inspection, the regulation laid down in Clause 2 of this Article shall be complied with.

Article 11. Responsibilities of plant variety testing organizations

1. Carry out inspections of fragrant rice plots and take responsibility for inspection results as prescribed in this Decree.

2. Be subject to inspections; provide documents concerning inspections of fragrant rice plots at the request of competent authorities.

3. Submit a periodic report before December 20 or ad hoc reports on inspections of fragrant rice plots upon request to the Department of Crop Production using the form in the Appendix VIII hereof.

Article 12. Responsibilities of the Department of Crop Production

1. Instruct organizations and individuals to complete procedures related to certification of fragrant rice varieties upon request; follow the sequence of certifying fragrant rice varieties; respond to recommendations from organizations and individuals about certification of fragrant rice varieties.

2. Publish the following on the web portal of the Department of Crop Production and the Ministry of Agriculture and Rural Development: list of inspecting organizations; names of organizations and individuals having their fragrant rice varieties certified, issued or invalidated authenticity certificates of fragrant rice; list of exported fragrant rice varieties which is updated and amended under the Trade Committee of the EVFTA.

3. Physically or electronically archive documents concerning issued authenticity certificates of fragrant rice within 05 years from the date of certification.

4. Formulate a plan to disseminate and provide guidelines for the implementation of this Decree via mass media; organize training courses, provide guidance on and inspect the implementation of this Decree.

Chapter III

IMPLEMENTATION CLAUSE

Article 13. Effect

This Decree comes into force from the day on which it is signed.

Article 14. Grandfather clauses

Regarding the fragrant rice produced before the effective date of this Decree, the application for certification of the fragrant rice variety shall be processed as prescribed in Points a and b Clause 1 Article 7 hereof until the end of December 31, 2020; and the applicant for certification of the fragrant rice variety shall take legal responsibility for the accuracy and truthfulness of the information declared and the application for certification or re-certification of the fragrant rice variety.

Article 15. Responsibility for implementation

1. The Minister of Agriculture and Rural Development shall organize the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies and Presidents of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree./.