THE PLANT VARIETY REGISTRATION
1. Required documents 
  • Registration form according to the prescribed form;
  • Photographs, technical declarations according to the prescribed form;
  • Power of attorney, if the application is filed through a representative;
  • Document proving the right to register, if the registrant is the person to whom the right to register is transferred;
  • Document proving the right of priority, if the application has a claim for priority right;
  • Fees and charges.
*** Notes.
1. Each application can only be registered for protection of one plant variety
2. The protection registration application and the transaction documents between the registrant and the state management authorities in charge of plant variety rights must be made in Vietnamese, except for the following documents which may be made in other language ​​but must be translated into Vietnamese when requested by the state management:
  • Power of Attorney;
  • Documents proving the right to register;
  • Documents proving the right of priority;
  • Other documents to support the application.
2. Documents evidencing the priority include:
  • A copy of the application or the first applications certified by the application-receiving agency;
  • Paper of transfer, inheritance or inheritance of priority right, if that right is inherited from another person.
3. Receipt of protection registration application, filing date
  • The application for protection registration is only received by the state management agency in charge of rights to plant varieties when there are sufficient prescribed documents.
  • The filing date is the date the application is received by the state management agency in charge of rights to plant varieties.
4. Formality examination
1. The state management agency in charge of rights to plant varieties shall examine the application form within 15 days from the receipt date of the application.
2. A protection registration application is considered invalid in the following cases:
  • The application does not meet the prescribed formality requirements;
  • The plant variety stated in the application is not a plant species named in the List of protected plant species;
  • An application submitted by a person who does not have the right to register, even if the right to register belongs to many organizations or individuals, but one or more of them do not agree to make the registration.
5. Publication
  • In case the application is formally accepted, the state management agency in charge of rights to plant varieties shall publish the valid application in a specialized journal on plant varieties within 90 days from the date on which the application is accepted.
  • The content of the application announcement includes the application number, the filing date, the representative (if any), the registrant, the owner, the name of the plant variety, the name of the plant species, the date the application is accepted as a valid application.
6. Application amendment & supplement
1. Before the state management agency in charge of rights to plant varieties issues a notice of refusal to grant a plant variety protection certificate or a decision to grant a plant variety protection certificate, the registrant has the following rights:
  • Making amend and supplement the application but must not change the nature of the protection registration application;
  • Requesting to record changes in the name and address of the registrant;
  • Requesting to record change of registrant due to transfer of application under contract or inheritance or inheritance;
2. The person who requests to carry out the procedures specified in Clause 1 must pay fees and charges.

7. Application withdrawal
  • Before the state management agency in charge of plant variety rights decides to grant or refuse to grant a plant variety protection certificate, the registrant has the right to withdraw the protection registration application. The request for withdrawal must be made in writing.
  • From the time the registrant withdraws the protection application, all subsequent procedures related to that application are terminated; Fees and charges paid in connection with procedures that have not yet commenced will be refunded upon request of the registrant.
8. Issuance of plant variety protection certificate
  • In case the protection registration application is not refused as regulated and the registrant pays the fee, the state management agency in charge of rights to plant varieties shall decide to grant a plant variety protection certificate and record it in the National Register of protected plant varieties.
9. Appeal about granting or refusing to grant plant variety protection certificates
  • The registrant and any third party have the right to appeal the decision to grant or refuse to grant a plant variety protection certificate.
  • The settlement of appeal about decisions on grant or refusal to grant plant variety protection certificates shall comply with the provisions of the law on appeal and denunciations.