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1.Signed on December 03, 2021 and November 05, 2021 Entered into force on December 03, 2021

 
Agriculture and Food Agency (AFA), Council of Agriculture,
Taiwan (hereinafter referred to as “ the Taiwanese authority ”
)

and

Department of Crop Production (DCP), the Ministry of Agriculture
and Rural Development, Viet Nam (hereinafter referred to as “
the Vietnamese authority ” )

have reached the common recognition as follows:

Article 1
Purpose
The purpose of this Memorandum of Understanding is to facilitate
cooperation in the field of plant variety examination and
protection on the basis of the principles of reciprocity.

Article 2
Areas of Cooperation
2.1 The Taiwanese authority shall provide the results of the
examination conducted in accordance with the International
Convention for Use Protection of New Varieties of Plants
(hereinafter referred to as “ UPOV Convention ” ), which
are the subject of an application filed with the Taiwanese
authority, to the Vietnamese authority at the request of the
Vietnamese authority in writing.
2.2 The Vietnamese authority shall provide the results of the
examination conducted in accordance with UPOV Convention,
which are the subject of an application filed with the
Vietnamese authority, to the Taiwanese authority at the
request of the Taiwanese authority in writing.

Article 3
Provision of Examination Report
3.1 The results of the examination, provided in the other
authority in pursuant to Article 2, shall be limited to
those of the examination conducted by the providing
authority in accordance with UPOV test Guidelines for the
species which are available in UPOV.
3.2 For the species which have no UPOV test guidelines, the
providing authority shall use its national test guidelines
with the consent of the recipient authority.

Article 4
Format and language of Examination Report
4.1 The documents which are used when providing the results of
the examination to the other authority pursuant to Article
2, shall be based on the format described in Section 6 “
UPOV report on Technical examination and UPOV Variety
Description ” of Test Guidelines Procedure “ Experience
and Cooperation in DUS Testing ” (TGP/5), developed in
accordance with Article 12 of the UPOV Convention.
4.2 The results of the examination which are provided in
accordance with Article 2 shall be written in English.

Article 5
Charges
The results of the examination shall be provided to each other
at no charge.

Article 6
Use of Examination Report
6.1 The recipient authority shall not use the examination
results provided from the other authority for purposes other
than the examination of plant varieties in the said
authority.
6.2 The recipient authority shall not disclose or provide the
examination results to any third party.

Article 7
Validity
7.1 This MOU takes effect upon the date of the last signature by
the Parties.
7.2 If any doubt arises related to matters not provided in this
MOU, it shall be solved by mutual discussion.
7.3 This MOU may be modified and/or terminated by mutual
consent.

Article 8
General Understanding
The Parties shall make an effort to pursue and accomplish the
goals of this MOU.

In witness whereof, the undersigned being duly authorised
thereto, have signed this MOU.

Done in duplicate in English.


For the For the
Agriculture and Food Department of Crop
Agency, Council of Production, Ministry of
Agriculture Agriculture and Rural
(Taiwan) Development
(Viet Nam)
_________________________ _________________________
Mr. Jong-I Hu Mr. Nguyen Nhu Cuong
Director General Director General

[Date] 2021. Nov. 5 [Date] 2021. Dec. 3
_________________________ _________________________
[Place] Taipei [Place] Hanoi, Vietnam
_________________________ _________________________