Notice of the General Office of the Ministry of Agriculture and Rural Affairs on Strengthening the Cooperation, Exchange and Management of Crop Germplasm Resources
Department of Agriculture and Rural Affairs of all provinces, autonomous regions and municipalities directly under the Central Government, Agriculture and Rural Affairs Bureau of Xinjiang Production and Construction Corps, Heilongjiang Provincial Land Reclamation Bureau:
Crop germplasm resources are strategic resources to ensure national food security and the supply of important agricultural products, and are the material basis for the original innovation of agricultural science and technology and the development of modern seed industry. In recent years, with the acceleration of the opening-up process of China’s seed industry, the cooperation and exchange of agricultural germplasm resources has gradually increased, which has effectively promoted the scientific and technological development of agriculture and seed industry. However, the legal awareness of individual units is weak, and the problem of illegal cooperation and exchange of germplasm resources occurs from time to time.In 2019, the relevant state departments found that China Agricultural University had signed a cooperation agreement with overseas institutions without approval, involving the use of corn germplasm resources in China to carry out related research, and our Ministry has ordered it to make rectification within a time limit. In order to further strengthen the cooperation and exchange management of crop germplasm resources, we are hereby notified as follows.
First, effectively improve legal awareness.All localities should learn from China Agricultural University’s unauthorized cooperation and exchange of germplasm resources with overseas institutions, and take a warning. The Seed Law stipulates that the state has sovereignty over germplasm resources, and any unit or individual that provides germplasm resources abroad or cooperates with overseas institutions or individuals in research and utilization of germplasm resources must go through the examination and approval procedures according to law; Those who violate the law shall be dealt with according to law. Agricultural and rural departments at all levels, relevant units and individuals should enhance the concept of the rule of law and legal awareness, adhere to the law, and strictly implement the Seed Law and relevant laws and regulations.
Second, comprehensively investigate the cooperation and exchange of germplasm resources.It is necessary to conduct a comprehensive investigation of relevant universities, research institutes and enterprises engaged in the collection, protection and utilization of germplasm resources, and to export germplasm resources overseas without approval, or to carry out cooperative research and utilization of germplasm resources with overseas institutions and individuals, and the provincial agricultural and rural departments should stop in time and classify them as appropriate. If both parties benefit from the cooperation, the cooperation contract is complete, and the application and examination and approval procedures are not fulfilled, it is necessary to pay close attention to completing it within a time limit; Those who do not meet the requirements of cooperation conditions shall be ordered to stop cooperation; Those who violate the law should be dealt with according to law.
Third, do a good job in examination and approval supervision according to law and regulations.The provincial agricultural and rural departments shall, in accordance with the provisions of the Seed Law and other laws and regulations, guide and urge the relevant units and individuals to submit applications in a standardized manner according to the requirements of the Guidelines for the Examination and Approval of Providing Crops, Edible Fungi, Tobacco and Chinese Herbal Germplasm Resources to Overseas Countries or Cooperating with Overseas Institutions and Individuals (see Annex) formulated and issued by the Ministry of Agriculture and Rural Affairs. It is necessary to strengthen supervision during and after the event. Maintain a good order of cooperation and exchange of germplasm resources.
Fourth, carry out in-depth training and publicity.The provincial agricultural and rural departments should focus on relevant agricultural universities, research institutes and enterprises, organize and carry out training on laws and regulations related to germplasm resources, and improve the awareness and ability of relevant personnel to learn, know and abide by the law. It is necessary to study and implement the Opinions of the General Office of the State Council on Strengthening the Protection and Utilization of Agricultural Germplasm Resources (Guo Ban Fa [No.56 [2019]), explore activities such as germplasm resources protection publicity week and press trip, strengthen publicity and guidance, and create a good atmosphere for cooperation and exchange of germplasm resources according to laws and regulations. Germplasm resources protection units should implement the main responsibility, improve the management system, and effectively regulate the cooperation and exchange of germplasm resources.
Provincial agricultural and rural departments are invited toBefore March 31st, the comprehensive investigation of cooperation and exchange of crop germplasm resources since 2016 will be reported in writing to the Seed Industry Management Department of the Ministry of Agriculture and Rural Affairs.
Contact: Sun Wen, telephone:010-59193186
Attachment: Guide to the examination and approval services for providing overseas or cooperating with overseas institutions and individuals in the research and utilization of crop, edible fungi, tobacco and Chinese herbal medicine germplasm resources.
General Office of Ministry of Agriculture and Rural Affairs
March 3, 2020
attachment
Guide to the examination and approval services for providing or cooperating with overseas institutions and individuals in the research and utilization of crop, edible fungi, tobacco and Chinese herbal medicine germplasm resources.
This guide stipulates that the Ministry of Agriculture and Rural Affairs is responsible forcropsThe examination and approval basis, examination and approval procedures, examination contents, processing time limit, results disclosure and other contents of the examination and approval of germplasm resources.
This guide applies tocropsExamination and approval items of germplasm resources.
The object of examination and approval of this matter is units and individuals.
Pre-trial and post-approval.
"People’s Republic of China (PRC) Administrative Licensing Law" (Decree of the President of the People’s Republic of ChinaPublished No.7 of 2003).
People’s Republic of China (PRC) Seed Law (It was considered and adopted on July 8, 2000, first revised on August 28, 2004, second revised on June 29, 2013, and revised on November 4, 2015).
Measures for the Administration of Crop Germplasm Resources (Order of the Ministry of Agriculture)Promulgated No.30 in 2003, revised No.38 in 2004 by the Ministry of Agriculture).
Government affairs service hall of the Ministry of Agriculture and Rural Affairs.
Ministry of agriculture and rural affairs.
There is no limit to quantity.
Need to affix the official seal of the unit.
Need to submit a national benefit-sharing plan.
9 prohibitive requirements
None.
Original Application Form for Providing Crop Germplasm Resources to Foreign Countries (stamped with the official seal of the applicant; Audit institutions to fill in the comments, stamped with the official seal) or the original application form for cooperative research and utilization of crop germplasm resources with overseas institutions and individuals (stamped with the official seal of the applicant; The auditing organ shall fill in the opinions and affix the official seal).
A detailed description of the germplasm resources provided to the outside world or for cooperative research (including germplasm types, resource characteristics, etc.).
An explanation of the reasons for providing foreign or cooperative research.
The national benefit-sharing plan (which should include a copy of the agreement on the acquisition and benefit-sharing of germplasm resources signed with the recipient or partner or other supporting materials, and should reflect the benefit-sharing contents of resources, such as the mutually beneficial exchange of resources, the sharing of economic benefits, the sharing of participation in the research process, the sharing of technical data, the sharing of research results, etc.).
Receiving unit: Seed Industry Window of Government Affairs Service Hall of Ministry of Agriculture and Rural Affairs
Contact telephone number:010-59191810
Office Address: Nanli, Agricultural Exhibition Hall, Chaoyang District, Beijing11(th)
pass True:010-59191808
net Address:http://xzsp.moa.gov.cn
The Seed Industry Window of the Government Affairs Service Hall of the Ministry of Agriculture and Rural Affairs accepts and examines the Application Form for Providing Agricultural Germplasm Resources to Foreign Countries or the Application Form for Cooperative Research and Utilization of Agricultural Germplasm Resources with Overseas Institutions and Individuals and related materials. Those with complete application materials will be accepted.
The Seed Industry Management Department of the Ministry of Agriculture and Rural Affairs organizes experts to review and evaluate the application materials according to the relevant provisions of the state.
The business office of the Seed Industry Management Department of the Ministry of Agriculture and Rural Affairs puts forward the examination and approval plan, and handles the approval documents after the examination and approval according to the procedures.
flow chart
When submitting the application materials online, the paper materials should be submitted simultaneously.
20 working days (the expert review time shall not exceed 3 months).
No charge.
If the license is granted, the approval opinions shall be signed on the Application Form for Providing Agricultural Germplasm Resources to Foreign Countries; If it is not permitted, it shall sign the disapproval opinion on the Application Form for Providing Agricultural Germplasm Resources to Foreign Countries and issue a notice of completion.
Since the date of the decision.Within 10 days, the administrative counterpart will be issued the Application Form for Providing Agricultural Germplasm Resources to Foreign Countries or the Application Form for Cooperative Research and Utilization of Agricultural Germplasm Resources with Overseas Institutions and Individuals, and the Permit for Providing Agricultural Germplasm Resources to Foreign Countries, which is stamped with the special seal of the Ministry of Agriculture and Rural Affairs of the People’s Republic of China for the examination and approval of import and export of crop seeds. According to the requirements of the applicant, choose to pick it up at the government service hall of the Ministry of Agriculture and Rural Affairs or deliver it by mail.
When applying for an administrative license, the applicant shall truthfully submit relevant materials and reflect the real situation to the administrative organ, and be responsible for the authenticity of the substantive contents of the application materials.
If the applicant for administrative license conceals relevant information or provides false materials to apply for administrative license, the administrative organ shall not accept or disapprove the administrative license and give a warning; If the application for administrative license is directly related to public safety, personal health and safety of life and property, the applicant shall not apply for the administrative license again within one year.
From the date of receiving the notice of rejection and the notice of completion (no permission), the applicant mayApply to the Ministry of Agriculture and Rural Affairs for administrative reconsideration within 60 days, or bring an administrative lawsuit to Beijing No.3 Intermediate People’s Court within 6 months.
On-site consultation: seed industry window of government service hall of Ministry of Agriculture and Rural Affairs
Telephone consultation:010-59191810
Supervisory telephone number:010-59193385
Online complaints: the official website of the Ministry of Agriculture and Rural Affairs-Government Services-Administrative Licensing Complaints
Office Address: Government Affairs Service Hall, Ministry of Agriculture and Rural Affairs
Nanli Agricultural Exhibition Hall, Chaoyang District, Beijing11(th)
Office hours: Monday to Friday (except holidays)
morning08:30—11:00
afternoon13:30—16:00
Appendix: Model text of application materials, examples of common mistakes and answers to common questions.