Plant Variety Protection Vietnam: File with Crop Production Dept., 20

A new plant variety is the only intellectual property object that is not registered with the Intellectual Property Office of Vietnam. Applications for plant variety protection are filed with the Department of Crop Production (the Office for New Plant Variety Protection). Filing with the wrong authority means a flawed procedure from the start. This article summarizes the conditions, dossier, procedure and protection term under the IP Law (consolidated document 67/VBHN-VPQH) and Decree 79/2023/ND-CP.

1. Where to file?

Unlike patents, trademarks or industrial designs, rights in plant varieties are established on the basis of a decision granting a Plant Variety Protection Certificate by the competent state authority under a separate procedure (Article 6.4 of the IP Law). The receiving and examining authority is the Department of Crop Production — the Office for New Plant Variety Protection, not IP Vietnam. Decree 100/2026/ND-CP adds provisions on state management and expert assessment in the plant variety field.

2. Conditions for protection (Articles 158–160)

Under Article 158, a plant variety is protected only if it simultaneously:

Is the result of breeding or of discovery and development;
Falls within the List of plant species protected by the State (issued and updated by the competent authority — check the latest list; do not rely on old lists);
Is novel (Article 159): the propagating material or harvested product has not been sold or otherwise disposed of for exploitation purposes: in Vietnam within 01 year before the filing date; outside Vietnam within 06 years for woody species and woody climbing plants, or 04 years for other varieties, before the filing date;
Is distinct (Article 160): clearly distinguishable from other varieties of common knowledge at the filing date (or priority date);
Is uniform and stable — verified through mandatory DUS testing (Distinctness – Uniformity – Stability) conducted by the specialized authority;
Has a suitable denomination in accordance with regulations.

3. Priority right

Applicants enjoy a 12-month priority right under the UPOV Convention (International Union for the Protection of New Varieties of Plants) if the variety was previously filed in a UPOV member state. The conditions and manner of claiming priority should be checked against the detailed regulations at the time of filing.

4. Term of protection (Article 169)

A plant variety protection certificate is valid for 20 years from the date of grant; 25 years for woody plants and vines. This long term suits the breeding cycle and commercial exploitation of plant varieties.

5. Application dossier (Article 6, Decree 79/2023/ND-CP)

The dossier comprises:

The declaration form (Form No. 01);
The DUS technical questionnaire;
Photographs showing at least 03 characteristic traits of the variety (minimum 03 color photos, 9x15cm);
A power of attorney (if filing through a representative);
Documents proving the right to file and the priority right (to be submitted within 90 days of the filing date);
Fee payment receipts.

6. Examination procedure

Formality examination: 15 days from receipt of the application;
Publication of the application: within 90 days;
DUS testing: examination of distinctness, uniformity and stability — a mandatory technical step by the specialized authority;
Examination of test results: 90 days;
Grant of the protection certificate if the conditions are met.

The registration procedure is set out in Article 176 of the IP Law (point d, clause 3 of Article 176 was amended by Clause 59, Article 1 of Law 131/2025/QH15). Transitional rule: for applications filed before 1 April 2026 but not yet tested, the processing time is 24 months counted from 1 April 2026.

7. Practical notes

Check the latest List of protected plant species before preparing the application — varieties outside the list are not protectable;
Protect novelty strictly: do not sell or dispose of propagating material beyond the permitted periods before filing;
Prepare a complete and accurate DUS technical questionnaire — it is the basis of the testing stage;
Follow the latest species list and guiding documents, as this field is governed by a specialized instrument (Decree 79/2023) and amendments after Law 131/2025.

8. Frequently asked questions

Can a plant variety be registered with IP Vietnam?
No. Applications must be filed with the Department of Crop Production (Office for New Plant Variety Protection); filing with IP Vietnam goes to the wrong authority.

Does selling the variety before filing destroy the right?
It may destroy novelty if the sale/disposal exceeds the permitted periods: 01 year in Vietnam; 06 years (woody and woody climbing plants) or 04 years (other plants) outside Vietnam, counted to the filing date.

What is DUS testing?
The mandatory examination of Distinctness, Uniformity and Stability of the variety, conducted by the specialized authority before the certificate is granted.

How long is a plant variety certificate valid?
20 years from grant; 25 years for woody plants and vines (Article 169).

Sources

Law on Intellectual Property, consolidated document 67/VBHN-VPQH: Articles 158, 159, 160, 169, 176 (point d, clause 3 amended by Clause 59, Article 1 of Law 131/2025);
Law 131/2025/QH15 — effective 1 April 2026;
Decree 79/2023/ND-CP — effective 15 November 2023: Article 6 (dossier);
Decree 100/2026/ND-CP — effective 1 April 2026 (state management and expert assessment of plant varieties).

For reference only; not legal advice. This content was drafted by AI and will be quality-checked by the AI Legal Council of FLAT Law Firm before publication review; it is not legal advice from a human lawyer. Regulations may change; please check the current legal texts before relying on this information. The list of protected plant species and the names of managing authorities should be verified against the latest documents.

Need advice on new plant variety protection? Contact FLAT Law Firm for advice.