Is  it necessary to have a univeristy degree to be a person conducting tests on plants in Vietnam?
Is it compulsory to have a university degree to be a person conducting tests on plants in Vietnam? In which cases the Decision on recognition of a plant variety testing organization shall be revoked?
Hello Lawnet. My company would like to obtain the Decision on recognition of a plant variety testing organization. We've already had all necessary human resources, facilities and equipments. However, when applying the dossier to the agency, they told us that we were not eligible to obtain the Decision as our person conducting tests on plants only had college degree. Is it correct that persons conducting tests on plants must have a university degree? Looking forward to your consultancy.
<subquestion>Is it compulsory to have a university degree to be a person conducting tests on plants in Vietnam?</subquestion>
Pursuant to Clause 1, Article 21 of the Law on Crop Production in 2018 stipulating requirements for grant of the Decision on recognition of a plant variety testing organization as follows:
1. Requirements for grant of the decision on recognition of a plant variety testing organization shall be composed of the followings:
a) A person directly conducting tests must hold at least a university degree in one of the specialties related to crops, plant protection and biology;
b) The plant variety testing organization owns or hires venues, facilities and equipment appropriate for performing tests in conformity with national standards regarding testing of plant varieties with respect to the plant species to be tested.
As regulations above, a person directly conducting tests must hold at least a university degree in one of the specialties related to crops, plant protection and biology. As your person conducting tests on plants only has college degree, you company is not eiligible to obtain the Decision on recognition of a plant variety testing organization.
<subquestion>In which cases the Decision on recognition of a plant variety testing organization shall be revoked?</subquestion>
Pursuant to Clause 3, Article 21 of the Law on Crop Production in 2018 stipulating the cases, in which the Decision on recognition of a plant variety testing organization shall be revoked, as follows:
3. The decision on recognition of a plant variety testing organization may be revoked in the following cases:
a) The decision’s contents are erased or revised;
b) Counterfeit papers and dishonest information have been found in the application package for recognition of a plant variety testing organization;
c) The testing organization holding the decision has committed any violation of law and such violation leads to revocation of the decision on recognition of a plant variety testing organization;
d) The holder of the decision has no longer met one of the requirements set forth in clause 1 of this Article;
dd) The holder of the decision has already been subject to an administrative penalty and repeats its offence;
