Short answer: New plant varieties are protected under Chapter XII of the Intellectual Property Law (Arts. 158–196, Consolidated Document 67/VBHN-VPQH) and Decree 79/2023/ND-CP. First thing to remember: the receiving authority is the Department of Crop Production and Plant Protection (Ministry of Agriculture and Environment) — not the Intellectual Property Office of Vietnam (under current regulations). Core conditions are novelty, distinctness, uniformity, stability and a suitable denomination; the term of protection is 25 years for trees and vines and 20 years for other plants.
1. Protection conditions
- Novelty (Art. 159): a variety loses novelty if its propagating material or harvested product has been sold or distributed for exploitation purposes for more than 01 year (domestically) or 04–06 years (abroad) before the filing date. This is a make-or-break timeline — any commercialization of the variety before filing must stay within these limits.
- Distinctness: the variety must be clearly distinguishable from any other variety whose existence is a matter of common knowledge at the filing date.
- Uniformity: plants of the variety must express the relevant characteristics uniformly.
- Stability: the relevant characteristics must remain unchanged through propagation cycles.
- Suitable denomination (Art. 163(1)): the variety name must match the name registered in a UPOV member state (if registered there) — it must not be misleading or contrary to public morals.
2. Where to file?
Applications are filed with the Department of Crop Production and Plant Protection — Ministry of Agriculture and Environment (under current regulations), not the Intellectual Property Office of Vietnam. The dossier includes: the application form, the variety description, photographs, documents proving the right to register, and other documents under Decree 79/2023/ND-CP.
3. Examination and DUS testing
After formal examination, the variety undergoes DUS testing — verification of Distinctness, Uniformity and Stability through growing trials under technical procedures. Test results determine whether the plant variety protection title is granted or refused. Applicants must supply sufficient quality propagating material for testing, as inadequate material can prolong processing.
4. Rights and obligations after grant
- Term: 25 years for tree and vine varieties; 20 years for other varieties.
- Remuneration for breeders (Art. 191(1)): the law sets minimum remuneration rates the title holder must pay the breeder — 10%, 15%, 35% depending on the case — a statutory obligation that should be reflected in internal agreements between the organization and the breeder.
- Maintenance duties: the title holder must maintain the variety’s uniformity and stability throughout the term and pay maintenance fees as prescribed.
FAQs
Which authority receives plant variety applications?
The Department of Crop Production and Plant Protection (Ministry of Agriculture and Environment) under current regulations — not the Intellectual Property Office of Vietnam.
Can I still register after selling the variety on the market?
Yes, if sale/distribution for exploitation has not exceeded 01 year domestically (or 04–06 years abroad) before filing — beyond that, novelty is lost (Art. 159).
How long does protection last?
25 years for trees and vines; 20 years for other plants.
What is DUS testing?
Growing trials verifying the variety’s distinctness, uniformity and stability — the basis for granting the title.
What remuneration do breeders receive?
Art. 191(1) sets statutory rates of 10%/15%/35% depending on the case, payable by the title holder to the breeder.
Legal sources
- Intellectual Property Law — Consolidated Document 67/VBHN-VPQH (Chapter XII, Arts. 158–196).
- Decree 79/2023/ND-CP.
A research institute, center or seed company preparing a new plant variety protection dossier, needing to review novelty conditions or the testing procedure? Reach us via the Contact page of FLAT Law Firm.
The legal content of this article is reviewed by FLAT’s AI Legal Council and submitted to the owner for approval; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.
For reference only, not legal advice.
