Plant variety rights
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The narrowest branch but economically significant for agriculture — four conditions and a term of 20 or 25 years.
The third branch of the IP Law, the narrowest by subject matter but economically significant for an agricultural country. The right belongs to the breeder — whoever bred, or discovered and developed, a new variety.
Four conditions
A variety qualifies when it is simultaneously:
New — propagating material or harvested product not sold or distributed by or with the owner's consent beyond the statutory window before filing.
Distinct — clearly distinguishable from varieties commonly known at the filing date.
Uniform — plants in the variety express the relevant characteristics uniformly.
Stable — those characteristics remain unchanged after cycles of propagation.
The variety must also carry a suitable denomination, not identical or confusingly similar to an existing one and not contrary to public morality.
Term
A plant variety protection certificate runs from grant until the end of 25 years for woody plants and vines, and 20 years for other varieties.
Note the different starting point from industrial property: this term runs from the grant date, not the filing date.
Rights of the certificate holder
The holder may perform, or authorise others to perform, acts in relation to propagating material of the protected variety: production or reproduction, conditioning for propagation, offering for sale, selling or other marketing, exporting, importing, and stocking for any of these purposes.
A notable exception — farmers' privilege
The law permits certain uses without permission or payment, including individual households using harvested material from a protected variety to propagate and sow on their own land for the next season. This is a social-policy exception balancing breeders' rights against the realities of smallholder agriculture.
Other exceptions cover non-commercial personal use, experimental use, and use in breeding a further distinct variety.
International basis
Vietnam has been a member of the International Convention for the Protection of New Varieties of Plants (UPOV) since 24 December 2006. The plant variety chapter of the IP Law is built on the UPOV framework, so Vietnamese breeders have a basis for seeking protection in other member states and vice versa.