On October 3, 2013, the Government of Vietnam adopted Decree No. 114/2013/ND-CP on Handling of Administrative Violations in the Fields of New Plant Varieties and Plant Protection and Quarantine (“Decree 114”). Decree 114 will take effect as of November 20, 2013.
Decree 114 replaces Decree 57/2005-ND-CP dated April 27, 2005 on Handling of Administrative Violations in the Field of New Plant Varieties, amended and supplemented by Decree 172/2007/ND-CP dated November 28, 2007 and Decree 26/2003/ND-CP dated June 3, 2003 on Handling of Administrative Violations in the Field of Plant Protection and Quarantine.
Decree 114 consists of 5 chapters, one of which provides for what are acts of administrative violations in the field of new plant varieties together with penalties thereof (Chapter 2), and another provides for what are acts of violations in the field of plant protection and quarantine and penalties thereof (Chapter 3).
With respect to the protection of new plant variety rights, it is worth noting that under Decree 114, the maximum monetary fine to be imposed on infringer shall be VND50 million (about US$1,800) in case the infringer is an individual and VND100 million (about US$3,600) in case the infringer is a legal entity (compared with the maximum fine of VND 30 million under the old Decree 57).