Decree no.238/GOV on Plant Variety.

This Decree, consisting of 67 articles and made pursuant to the Law on Agriculture No. 01/98 NA, dated 10 October 1998 and the Law on Plant Protection and Plant Quarantine No. 13/NA, dated 15 November 2016, establishes the principles, regulations and measures on management and inspection of plant varieties, in order to conserve a native plant variety, a local plant variety, and promote the use of an improved plant variety with outstanding characteristics, good yield and quality, and that is suitable for each location, with the aim of managing and enhancing crop production, ensuring food security and contributing to national socio-economic development. According to the Decree, a plant variety is any seed or planting material within a group of species that has the same or similar genotype or botanical characteristics, and that has its own distinguishing characteristics such as uniformity and physical stability. The Decree defines the following relevant terms: native plant variety; local plant variety; improved plant variety; seeds; plant genetic resources; plant genetic resources conservation; counterfeit seeds; inspection for seed production area; seed quality testing.
Matters covered by this Decree concern: type and list of plant varieties; plant genetic resources conservation, including: survey and collection of plant genetic resources, exchange of plant genetic resources, plant genetic resources evaluation, plant genetic resources database; research and testing of new plant varieties; registration of promotion plant varieties; seed quality control, including: standard, certification, inspection of seed production area, seed quality testing in laboratory, issuance of a seed quality certificate, storage and transport, seed import and export; seed business; prohibitions; management and inspection of plant varieties; rewards and penalties; final provisions.