# Plant variety rights

Source: https://luatbanquyen.com/en/plant-varieties/plant-variety-rights · Updated: 2026-08-17 · Reviewed: 2026-08-17

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.

## Cited documents

- [Consolidated document 67/VBHN-VPQH — Law on Intellectual Property](/en/legal-documents/ip-law-consolidated) — In force

## Sources

- [Part Four of the IP Law — plant variety rights — Điều 158–169](https://thuvienphapluat.vn/van-ban/So-huu-tri-tue/Van-ban-hop-nhat-67-VBHN-VPQH-2026-Luat-So-huu-tri-tue-700846.aspx) (67/VBHN-VPQH)
- [WIPO Lex — UPOV entered into force for Viet Nam on 24 December 2006](https://www.wipo.int/wipolex/en/members/profile/VN)

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Reference material only; it does not replace legal advice on a specific matter.