(2023.07.20-ны өдрийн орчуулга)                   Unofficial translation

LAW OF MONGOLIA

October 29, 2021                              Ulaanbaatar city

ON SEEDs AND VARIETIES of CULTIVATED PLANTS

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to support the development of the seed industry of cultivated plants, to develop research, analysis and innovation in the seed industry, to foster fair seed trade, to protect and use sustainably the genetic resources, to create new varieties of cultivated plants, to protect the rights of variety creators, to ensure the food safety, and to regulate relations in connection with them.

Article 2.Legislation on seeds and varieties of cultivated plants

2.1.The legislation on seeds and varieties of cultivated plants shall consist of the Constitution of Mongolia, the Law on Crop Farming, this Law, and other legislative acts issued in accordance with these laws.

2.2.If an international treaty, to which Mongolia is a party, stipulates otherwise than this Law, the provisions of the international treaty shall prevail.

Article 3.Scope of the application of the Law

3.1.This Law shall apply to the relations in connection with supporting the activities on propagation and sale of seeds of all types of domestically produced and imported cultivated plants and creation of new varieties of plants.

3.2.If a citizen or legal entity of a member country of the international treaty of Mongolia has been granted the right to create a variety by this Law, he/she shall have the same rights and obligations stipulated by this Law as a citizen of Mongolia.

Article 4.Definition of terms of the Law

4.1.The following terms used in this Law shall be understood as follows:

4.1.1."seed" means living seeds, implant, seedlings, embryos, and reproductive organs to be used for the reproduction of cultivated plant varieties;

4.1.2."variety control and assurance" means the activity of a competent person to check and determine whether satisfies the characteristics and purity specified in the description of the cultivated variety or not, and/or whether they are affected by weeds, diseases, or pests at the seed production site;

4.1.3."laboratory analysis" means analysis conducted in a laboratory to determine seed quality, variety purity and characteristics by genotype and phenotype;

4.1.4."seed series" means a set of seeds of the same origin and the same quality collected by one planting;

4.1.5."seed quality" means the quality indicators of planting seeds specified in the purity of the variety showing the specific typology of the variety, and in the standard;

4.1.6."variety" means a group of plants within a botanical community that is distinguished from other varieties by the expression of stable characteristics resulting from genotypes and their combinations;

4.1.7."commercial variety" means a variety that has been subjected to a variety test and has been selected from control and domesticated varieties with some valuable agricultural and biological characteristics and can be cultivated;

4.1.8."promising variety" means a variety that has been determined to be superior to the control variety in terms of one or more biological qualities and has been granted permit to start elite seed production;

4.1.9."localized variety" means a variety certified by the Seed and Varieties Council that has maintained its superiority for at least two years after being approved as a promising variety and entered production;

4.1.10."native variety of the region" means a variety of varieties in terms of genetic set, which have been selected, cultivated and used by the farmers of the region for a certain period of time;

4.1.11."protected variety" means a variety protected by the rights of the creator of the variety in accordance with this Law;

4.1.12."varietal material" means all types of breeding material, harvested crop material, including plants and plant parts, and any products derived from them;

4.1.13."variety creator" means an individual or legal entity who created a variety or discovered and improved it, the employer of the person who created the variety, and a person who transferred the rights through a will, gift, exchange, or sale;

4.1.14."variety definition" means a set of indicators for determining the economic and biological characteristics of a variety determined by field tests and laboratory analysis;

4.1.15."variety testing" means an experiment to determine the yield, economic and biological value of a new variety of cultivated plants by verifying its lineage and comparing it with the control variety introduced in the region;

4.1.16."variety creator's right" means the right granted by law to the creator of a new variety of cultivated plants;

4.1.17."national register of varieties" means the register of varieties that have been subjected to variety tests and selected for yield, economic and biological characteristics, and are allowed to produce and cultivate seeds;

4.1.18."genetic resources of food and agricultural crops" means food and agricultural plants, their components and all items containing genetic material;

4.1.19."genetic material of food and agricultural crops" means reproductive or plant-derived reproductive material containing part of genetic activity;

4.1.20."royalty" is defined in Article 3.1.10 of the Law on Innovation.

CHAPTER TWO

SEED PRODUCTION

Article 5.Classification of cultivated plant seeds

5.1.Depending on the stage of reproduction of cultivated plant varieties, the seeds of that variety shall be classified as follows:

5.1.1.kernel seeds;

5.1.2.silk seeds;

5.1.3.certified seeds.

5.2.Seeds propagated as primary seed material under the control of the creator of the variety by the scientific research organization shall be considered as kernel seeds.

5.3.Kernel seeds propagated by the professional scientific research organization with special permit in the seed breeding farming shall be considered to be silk seeds if they are determined to meet the standard requirements by the state central administrative body in charge of agriculture matters.

/This paragraph was amended by the law as of November 11, 2022/

5.4.Silk seeds propagated in seed farming with the special permits shall be considered the certified seeds if the state central administrative body in charge of agriculture matters has determined that they have met the standard requirements.

/This paragraph was amended by the law as of November 11, 2022/

5.5.Seeds of hybrid varieties shall be treated as certified seeds.

Interpretation: "Hybrid variety seed" shall mean the non-reproducible seeds produced using hybrid superiority /heterosis/ for production purposes only.

5.6.An external laboratory analysis shall be made in the seeds specified in Paragraphs 5.2 and 5.3 of this Law, and based on the results of the analysis, the state central administrative body in charge of agricultural matters shall certify them.

/This paragraph was amended by the law as of November 11, 2022/

Article 6.Seed production

6.1.Seed production shall be carried out by an entity with a special permit, and the respective special permit shall be issued by the state central administrative body in charge of farming matters.

6.2.In addition to paragraph 3 of Article 5.1 of the Law on Permits, the applicant for a special permit for the production of seeds shall submit to the state central administrative body in charge of farming matters the documents meeting the following additional requirements depending on the type of cultivation:

/This paragraph was amended by the law as of June 17, 2022/

6.2.1.to have an area for seed cultivation;

6.2.2.to have complete equipment for seed production;

6.2.3.to have a threshing area, a seed warehouse, or a cellar for storing mother plants;

6.2.4.to have an agronomist specialized in the field of seed production.

6.3.The documents to be prepared for each type of cultivation specified in Paragraph 6.2 of this Law shall be determined by the state central administrative body in charge of farming matters.

6.4.In addition to paragraph 3 of Article 5.3 of the Law on Permits, the type of seed to be propagated and the region of seed production shall be reflected in the special permit for the seed production.

/This paragraph was amended by the law as of June 17, 2022/

6.5.Relations in connection with the issuance, extension, and revocation of special permits for the production of seeds shall be regulated by the Law on Permits.

/This paragraph was amended by the law as of June 17, 2022/

6.6.A special permit shall not be required for the production of certified seeds for the needs of one's own business in order to create and update seed resources.

Article 7.Obligations of the seed producer

7.1.The seed producer shall undertake the following duties:

7.1.1.to be analyzed the samples of self-produced seeds under the quality and quarantine control analysis of an externally accredited seed laboratory, and to be issued conclusions from the state central administrative body in charge of agriculture matters;

/This sub-paragraph was amended by the law as of November 11, 2022/

7.1.2.to carry out variety inspection and certification in the seed production area;

7.1.3.to obtain the permission of the creator of the variety if producing the seeds of protected varieties;

7.1.4.to be responsible for the expenses required for the implementation of the activities specified in sub-paragraphs 7.1.1 and 7.1.2 of this Law;

7.1.5.to propagate the seeds of localized and promising varieties registered in the national register of varieties according to the breeding scheme.

CHAPTER THREE

SEED QUALITY CONTROL AND ASSURANCE

Article 8.Seed quality control and assurance

8.1.The Cabinet member in charge of farming matters shall approve the list of types and species of cultivated plants required to be assured the quality of seeds by taking into account of the impact on food safety, the environment, and the health of people and animals.

8.2.Depending on the type of cultivated plants in each seed production area, when the seeds ripening, the varieties shall be controlled and assured.

8.3.The organization in charge of agricultural matters of the aimags and the Capital city shall implement the control and assurance of varieties, and the control and assurance shall be carried out by an expert in charge of farming matters of that organization and he/she shall make a control and assurance act.

8.4.The central state administrative body in charge of farming matters shall grant the right of reviewer to the expert specified in paragraph 8.3 of this Law.

8.5.Procedures related to variety control and assurance, training and retraining of reviewers, issuing and canceling reviewers' rights, and keeping records thereto shall be approved by the Cabinet member in charge of farming matters.

8.6.The state central administrative body in charge of agriculture matters, the competent authority for inspection, and the state inspector shall carry out the activities of taking samples and giving them for analysis from the yield harvested from the fields that meet the requirements according to the results of control and assurance, and making conclusions based on the results of the analysis.

/This paragraph was amended by the law as of November 11, 2022/

8.7.Based on the results of the control and assurance as well as the state inspector's conclusion, the state central administrative organization in charge of farming matters shall issue a certificate certifying each series of seeds that meet the standard requirements of that category.

CHAPTER FOUR

SEED TRADE

Article 9.Engaging in seed trade

9.1.The certified seeds that meet the requirements of relevant standards shall be sold in the territory of Mongolia.

9.2.When selling or transporting seeds, their containers, packaging labels, and accompanying documents shall contain information on the name, origin, quality, sterilization, and whether the seed variety is protected by the creator's right.

9.3.Seeds sterilized by chemical substances and radiation shall be packaged, and information on sterilization of seeds, warning of possible adverse impacts on human health and the environment, and recommendations showing the sequence of use of the seeds shall be reflected on the label or accompanied by a document about this.

Article 10.Import and export of seeds

10.1.Seeds imported into Mongolia shall meet the following requirements:

10.1.1.to meet the requirements of relevant standards;

10.1.2.unless otherwise specified in this Law, to be the seed of a variety registered in the national register of varieties;

10.1.3.not to be passed one year since the issuance of the accompanying document specifying the description of the respective variety and the quality of the seeds at the time of entry through the border of Mongolia;

10.1.4.to be complied with plant, quarantine and biosecurity requirements.

10.2.It shall be prohibited to import seeds of varieties that are not registered in the national register of varieties, except of issuance of a conclusion by the Seed and Variety Council in regards with the lack of seed supply due to for scientific research, analysis, experiment, re-export, or force majeure.

10.3.When importing seeds of GMO varieties, the provisions of the Law on GMOs shall be adhered to.

10.4.It shall be prohibited to import and sell the cultivated seeds specified in paragraph 16.3 of the Law on Farming.

10.5.When exporting the cultivated plant seeds, the Law on quarantine control and inspection of animals, plants, raw materials and products derived from them shall be adhered to.

Article 11.Seed resources fund

11.1.Mongolia shall have national seed and seed technology resources.

11.2.The technological resources specified in paragraph 11.1 of this Law shall be formed with the seeds of localized varieties, and in case of lack of seeds, they may be refilled with the seeds of promising varieties.

11.3.Matters related to the formation and spending of state seed resources shall be regulated by the Law on State Reserves.

11.4.The state central administrative body in charge of farming matters shall be responsible for seed technological resources with purpose of  meeting the lack of seeds to the farming producers, changing varieties, and renewing seeds.

11.5.The operational procedures on forming and managing the types and resources of yields to be in the seed technology resources shall be approved by the Cabinet member of in charge of farming matters.

CHAPTER FIVE

REGISTRATION OF VARIETIES

Article 12.National Register of Varieties

12.1.The state central administrative body in charge of farming matters shall maintain the national register of varieties and upload it to its official website.

12.2.The procedure for naming and testing new varieties of cultivated plants, registering them in the national register of varieties, and removing them from the register shall be approved by the Cabinet member in charge of farming matters.

12.3.Varieties that meet the following requirements shall be registered in the national register of varieties:

12.3.1.to have determined the yield and economic and biological values according to the results of variety testing in the case of cultivation;

12.3.2.to have a proper name that meets the requirements specified in Article 15 of this Law.

12.4.The national registration of varieties shall have the following categories: promising, localized, commercial, local indigenous and protected.

Article 13.Registration of protected varieties

13.1.All varieties that meet the requirements specified in Articles 14 and 15 of this Law shall be registered in the register of protected varieties and informed publicly.

13.2.The register of protected varieties shall be issued by the state central administrative body in charge of farming matters and regularly updated.

13.3.The procedure related to issuing and informing publicly the right of the protected variety creator specified in paragraph 13.1 of this Law shall be approved by the Cabinet member in charge of farming matters.

CHAPTER SIX

PROTECTION OF CULTIVATED PLANTS VARIETIES

Article 14.Issuing rights of variety creators

14.1.The creator of the variety shall submit a request to obtain the right of the creator of a new variety to the state central administrative body in charge of farming matters and such request shall be proposed the name of the variety.

14.2.The state central administrative body in charge of farming matters shall inform publicly immediately after the receipt of the request along with the proposed name.

14.3.The procedure for making a request for the rights of a variety creator and filtering the request shall be approved by the Cabinet member in charge of farming matters.

14.4.The organization referred to in paragraph 14.1 of this Law shall receive the request for the right of the creator of the variety and determine that the variety is new, different, standardized and stabilized as described below:

14.4.1.If the propagation and yield material of the variety is not sold or distributed by the creator of the variety himself or with his consent, within the following period before the date of the request, the variety shall be considered as new:

14.4.1.a.before one year in the territory of Mongolia;

14.4.1.b.before four years in the territory of other countries, before six years for trees and shrubs.

14.4.2.in the event that a request is made for the issuance of a right of the variety creator or the addition of another variety to the variety register, the variety specified in the respective request shall be considered to be a well-known variety from the date of the request by taking account of issuing the creator's right and adding the variety to the variety register, and if the newly created variety is clearly different from other well-known varieties, it shall be considered as the different variety;

14.4.3.if the basic characteristics of the variety are sufficiently preserved during the changes that may occur depending on the characteristics of propagation, the variety shall be considered as a standardized variety;

14.4.4.after the repeated propagation, or at the end of each cycle of propagation, if the main characteristics of the variety do not change, the variety shall be considered as a stabilized variety.

14.5.When determining that a variety is new, different, standardized, or stabilized, the organization specified in paragraph 14.1 of this Law shall carry out the following activities:

14.5.1.to obtain the necessary information, documents and materials from the creator of the variety;

14.5.2.to grow the variety or conduct other necessary tests;

14.5.3.the test specified in sub-paragraph 14.5.2 of this Law shall be performed under the contract by the following persons:

14.5.3.a.by the creator of the variety;

14.5.3.b.by other legal entities;

14.5.3.c.by the competent authority of the member country of the international treaty of Mongolia;

14.5.3.g.by the persons specified in sub-paragraph 14.5.3.a-14.5.3.c of this Law jointly.

14.6.When determining whether a variety is new, different, standardized, or stabilized, the results of previous growing tests and other tests may be taken into account.

14.7.The creator of the variety shall be responsible for the costs incurred in connection with the implementation of the activities specified in paragraph 14.5 of this Law.

14.8.No conditions other than those specified in Paragraph 14.4 and Article 15 of this Law shall be required for the issuing the rights of variety creators.

14.9.The state central administrative body in charge of farming matters shall own the rights of the creator of varieties created with the funding of the state budget.

14.10.The issue of distribution of royalties from the use of varieties created with the funding of the state budget shall be regulated by the contract between the principal, employer, and creator of the variety.

14.11.The procedure related to determining whether a variety is new, different, standardized, or stabilized shall be approved by the Cabinet member in charge of farming matters.

14.12.The state central administrative body in charge of farming matters shall cooperate on the mutual recognition of the reports that determine the differences, uniformity, and stability of new varieties made in other countries.

Article 15.Naming varieties

15.1.The variety shall have a name and it shall be possible to identify the variety by its name.

15.2.Termination of the right of the creator of the variety does not affect the right to use the name of the variety.

15.3.The name of the variety cannot be represented by a single number.

15.4.The name of the variety shall not be issued as overlapped.

15.5.The name shall not be as misleading, or misrepresenting the meaning of the information about the characteristics, value, uniqueness of the variety, or the creator of the variety.

Article 16.Registration of variety names

16.1.The creator of the variety shall submit a request to the state central administrative body in charge of farming matters to register the name of the variety.

16.2.If the name of the variety does not meet the requirements specified in Article 15 of this Law, the state central administrative body in charge of farming matters shall refuse to register the name of the variety.

16.3.In case of refusal to register the name of the variety in accordance with paragraph 16.2 of this Law, the creator of the variety shall propose another name within the specified period.

16.4.The state central administrative body in charge of farming matters shall register the name of the variety when issuing the right of variety creator if the requirements specified in this Law are met.

Article 17.Issuing the privileged rights to the creator of varieties

17.1.The creator of a variety that has submitted a request for the protection of variety rights /hereinafter referred to as the "first request"/ in the territory of a country that is a member of the international treaty of Mongolia shall have the privileged right of submitting a request for the protection of that variety to the State Central Administrative Body in charge of farming matters in Mongolia /hereinafter referred to as the "subsequent request"/ within 12 months.

17.2.The period specified in paragraph 17.1 of this Law shall be counted from the date of the first request, and the date of the request shall not be included in the respective period.

17.3.In order to exercise the privileged right, the creator of the variety may claim the privileged right of the first request in the subsequent request.

17.4.The competent authority that receives the subsequent request shall require the creator of the variety to provide certified copies of the documents submitted in the first request and evidence and samples proving that the two requests are identical within three months from the issuance date of the subsequent request.

17.5.In order to determine whether the request complies with the requirements set forth in Articles 14 and 15 of this Law, the competent authority that receives the subsequent request shall give the creator of the variety the opportunity to submit additional information, documents, and materials required by the legislation of the respective country within two years after the expiration of the privileged right period, or if the first request is returned or rejected, within a reasonable time after that.

17.6.Making another request, or activities being performed within the framework of the first request, such as the use or publication of the variety that is the subject of the first request, shall not be grounds for refusing the subsequent request, and these activities do not create rights for the third parties.

Article 18.Measures to temporarily protect the rights of variety creators

18.1.The state central administrative body in charge of farming matters shall take temporary protection measures to ensure the rights of the variety creator during the period from the date of the announcement of the request for the right of variety creator until the right is issued.

18.2.In the event that the right of the creator of a variety is issued, the person who performed the actions specified in paragraph 19.1 of this Law during the temporary protection period specified in paragraph 18.1 of this Law shall have the right to receive compensation and issue the permission of the creator of the variety.

18.3.If the rights of the creator of the variety are not issued, it shall be considered that no temporary protection measures have been taken.

Article 19.Scope of the right of the creator of varieties

19.1.The permission of the creator of the variety shall be obtained for the use of propagation material of the protected variety in the following activities:

19.1.1.production, re-production /breeding/;

19.1.2.creation of breeding conditions;

19.1.3.offering to sell;

19.1.4.selling and marketing;

19.1.5.exporting;

19.1.6.importing;

19.1.7.creating reserves for any of the purposes specified in sub-paragraphs 19.1.1-19.1.6 of this Law.

19.2.The provisions of Articles 21 and 22 of this Law shall be taken into account when obtaining permission in accordance with paragraph 19.1 of this Law.

19.3.In the following cases, according to paragraphs 19.1 and 19.2 of this Law, permission shall be obtained from the creator of the variety:

19.3.1.a variety was created by direct modification from a protected variety that was not directly modified;

Interpretation: The following varieties shall be considered to be directly modified from another variety:

- if a variety that is mainly derived from the parent variety or is derived from a variety that is mainly derived from the parent variety and retains the main characteristics of the genotype and combination of genotypes of the parent variety;

- if the variety is clearly different from the parent variety;

- if the main characteristics, except for other characteristics of the new variety, preserve the main characteristics of the genotype and combination of genotypes of the parent variety.

19.3.2.if a variety created that does not have obvious differences from the protected variety determined to be different in accordance with sub-paragraph 14.4.2 of this Law;

19.3.3.the variety was created by repeatedly using the protected variety.

19.4.Directly modified varieties can be produced using natural, artificial mutants, Soma clonal transformations and individual fiber selection, backcrossing and genetic engineering methods transformed from plants of the parent variety.

Article 20.Activities not subject to the right of the creator of the variety

20.1.The right of the variety creator shall not apply to the following activities:

20.1.1.activities performed for personal use and for non-profit purposes;

20.1.2.activities performed for the purpose of testing;

20.1.3.activities conducted to obtain other varieties.

20.2.In the event that a grower reproduces a protected variety for his own economic needs, or re-uses the material harvested from it for cultivation, within certain limits, the rights of the creator of the variety may not apply.

20.3.The limit specified in paragraph 20.2 of this Law shall be determined by the Cabinet member in charge of farming matters by taking into account the type and species of cultivated plants, the size of the farm and the scale of operations.

Article 21.Termination of the right of the creator of the variety

21.1.If protected varieties or variety materials specified in paragraph 19.3 of this Law, or any materials derived from them, are sold or put on the market by the creator of the variety himself or with his/her permission, the rights of the creator of the variety shall be terminated, except for the cases specified in sub-paragraphs 21.1.1 and 21.1.2 of this Law:

21.1.1.further propagation of that variety;

21.1.2.if the export of the materials to be able to use for the propagation of the respective variety in the country that does not protect the types and species of plants belonging to the respective variety other them the purpose of the final consumption.

Article 22.Limiting the rights of the creator of varieties

22.1.In order to protect the public interest, the state may restrict the ability of the creator of the variety to exercise his/her rights.

22.2.If the activity within the scope of the permission granted to a third party is interrupted or stopped due to the restrictions specified in paragraph 22.1 of this Law, the State shall take necessary measures to provide compensation to the creator of the variety.

Article 23.Measures to regulate trade

23.1.The measures taken in the field of production, assurance, marketing of variety materials, import and export of these materials shall not affect the rights of the creator of the variety.

Article 24.Validity period of the right of variety creator

24.1.The right of variety creator shall be valid for 20 years from the date of issuance, and for trees and creepers, this period shall be 25 years.

Article 25.Invalidating the right of the creator of varieties

25.1.If it is determined that the following circumstances have occurred, the rights of the variety creator shall be invalidated by the state central administrative body in charge of farming matters and announced publicly:

25.1.1.if it is determined that the variety does not meet the requirements specified in sub-paragraphs 14.4.1 and 14.4.2 of this Law at the time of issuing the rights of the creator of the variety;

25.1.2.the variety creator's right is issued based on the information and documents provided by the variety creator, and when the variety creator's right is issued, it is determined that the variety does not meet the requirements specified in sub-paragraphs 14.4.3 and 14.4.4 of this Law;

25.1.3.if a variety creator's right is issued to a person who is not entitled to a variety creator's right, and the right is not transferred to a legal person.

25.2.It shall be prohibited to invalidate the right of the creator of a variety on grounds other than those specified in paragraph 25.1 of this Law.

Article 26.Revocation of the right of the creator of the variety

26.1.In the event that the protected variety loses its uniformity and stability during the validity period of the variety creator's right, the state central administrative body in charge of farming matters shall revoke the variety creator's right.

26.2.If the creator of the variety fails to fulfill the following requirements within the period determined by the state central administrative body in charge of farming matters, the rights of the creator of the variety may be revoked:

26.2.1.if the creator of the variety has not submitted the necessary information and documents to ensure that the typology of the variety has not been lost in accordance with paragraph 26.1 of this Law;

26.2.2.if the fees and charges required to keep the variety creator's rights in force have not been paid;

26.2.3.if the name of the variety has become invalid after the granting the right of the creator of the variety, but the creator of the variety has not proposed another suitable name.

26.3.The creator of a variety shall have the right to submit a request for the revocation of the creator's right to the state central administrative body in charge of farming matters, and the date of revocation of the creator's right of the variety shall be included in the request.

26.4.The right of the creator of a variety shall not be revoked on grounds other than those specified in paragraphs 26.1-26.3 of this Law.

CHAPTER SEVEN

GENETIC RESOURCES FUND OF FOOD AND AGRICULTURAL CULTIVATED PLANTS

Article 27.Genetic resources fund of food and agricultural cultivated plants

27.1.A genetic resource fund of cultivated plants shall be established for the purpose of enrichment, preservation, and protection of the genetic resources of cultivated plants for food and agriculture, as well as for the selection work of creating new varieties of cultivated plants.

27.2.The genetic resource fund of food and agricultural cultivated plants shall consist of the genetic material of varieties produced by selection method in Mongolia and local native varieties, their wild descendants, hybrid and foreign varieties.

27.3.The genetic resource fund of food and agricultural cultivated plants shall be under the State control.

27.4.Matters on enrichment, preservation, protection, research of genetic resources of food and agricultural cultivated plants and ensuring the normal operation of the fund shall be carried out by the State service academic research institute of cultivated plants.

27.5.The procedure in connection with the enrichment of the genetic resource fund of food and agricultural cultivated plants, the identification and registration of the state of genetic resources, preservation, protection, research, use and exchange of them shall be approved by the Cabinet member in charge of farming matter.

CHAPTER EIGHT

FUNCTION OF STATE AUTHORITIES WITH RESPECT TO SEEDS AND VARIETIES OF CULTIVATED PLANTS

Article 28.Functions of state authorities

28.1.The functions of planning, managing and implementing the policy activities of seeds and varieties of the cultivated plant shall be carried out by the state central administrative body in charge of farming matters in the national level; the land farming department of the organization in charge of agriculture matters in aimags and the Capital city; and agricultural units, and the center for variety testing in farming areas in soums and districts.

28.2.The activity of ensuring the quality of seeds and varieties shall be carried out by the state central administrative body in charge of agricultural matters.

/This paragraph was amended by the law as of November 11, 2022/

28.3.An agronomist in charge of seeds and varieties of cultivated plants and farming production technology shall work in agricultural units of the soums and districts.

28.4.The state central administrative body in charge of farming matters shall develop an integrated policy on training specialists in the respective sector and providing jobs based on the local needs and demands, and shall cooperate with relevant non-governmental organizations and training institutions.

28.5.The state central administrative body in charge of farming matters shall exercise the following powers in regards with the seeds and varieties:

28.5.1.to develop policies and legislation in the field of seeds and varieties, and to ensure their implementation;

28.5.2.to determine the level of seed supply and guarantee status, and take relevant measures;

28.5.3.to collect statistical information of the seed industry, to submit it to the state authority in charge of statistic matters, and to create a database;

28.5.4.to provide the variety testing center with professional and methodological guidance;

28.5.5.to keep records of operators in the field of seeds and varieties, to conduct a training for variety testers, to issue, extend, and revoke certificates, and to approve related procedures;

28.5.6.to maintain the register of national and protected varieties, publish and regularly update the official list of registered varieties;

28.5.7.to develop manuals on variety testing and seed certification, and to train relevant specialists;

28.5.8.to develop recommendations on the technology of seed production and planting of national varieties and planting areas, and upload them on the website;

28.5.9.to grant the rights of the creator of new varieties of cultivated plants in accordance with this Law;

28.5.10.to strengthen the research and development capacity of the seed industry;

28.5.11.to organize the implementation of international treaties on genetic resources of cultivated plants, and to provide professional and methodological guidance;

28.5.12.other powers stipulated by the law.

28.6.A person being involved in seed production, processing, sale, export, import, and variety creation shall be registered in accordance with the procedure specified in sub-paragraph 28.5.5 of this Law.

28.7.If the seeds are produced for the one's own business needs, it may not be registered as an operator in the seed field by taking into account of the size and type of seeds.

28.8.The amount and type of seeds specified in paragraph 28.7 of this Law shall be determined by the Cabinet member in charge of farming matters.

28.9.The state central administrative body in charge of farming matters may be performed some of the state functions related to variety testing, experiment, variety control, monitoring and evaluation by the non-governmental organizations and the private sector on the basis of contracts.

28.10.The state central administrative body in charge of farming matters shall have a center engaging in activities of variety testing /hereinafter referred to as "variety testing center"/ in each farming region.

28.11.The Variety Testing Center shall have the following duties:

28.11.1.to test varieties in the cultivation area according to the approved methodology;

28.11.2.to breed seeds of varieties;

28.11.3.to give professional advice to seed producers on seed breeding and production technology.

28.12.The methodology specified in sub-paragraph 28.11.1 of this Law shall be approved by the Academic council of a professional academic institution.

28.13.Non-staffing seed and variety council /hereinafter referred to as "Council"/ shall work under the state central administrative body in charge of farming matters, and the Council shall perform the following functions:

28.13.1.to make recommendations on the implementation of seed and variety policy;

28.13.2.to issue recommendations on registration of varieties specified in sub-paragraph 28.13.3 of this Law in the national register;

28.13.3.based on the results of the variety test, to certify the variety as a promising, localized or commercial variety and issue a certificate;

28.13.4.to approve the breeding scheme specified in sub-paragraph 7.1.5 of this Law;

28.13.5.to make a conclusion specified in paragraph 10.2 of this Law.

28.14.The charter and composition of the Council specified in paragraph 28.13 of this Law shall be approved by the Cabinet member in charge of farming matters.

28.15.The state central administrative body in charge of agricultural matters, competent  bodies authorized to conduct inspection, and other related organizations shall supervise the implementation of the legislation on the seeds and varieties of cultivated plants within the scope of their functions specified in the law.

/This paragraph was amended by the law as of November 11, 2022/

CHAPTER NINE

MISCELLANEOUS

Article 29.Service fee

29.1.The creator of the variety shall be responsible for the stamp duties to be paid for the registration of the variety, the granting of the right of the variety creator, and the service of keeping the rights valid.

29.2.Relations in connection with the determination and collection of duties shall be regulated by the Law on State Stamp Duties.

Article 30.Liabilities to be imposed on the violators of the Law

30.1.If the actions of officials who violate this Law are not in criminal nature, they shall be held liable as provided in the Law on Civil Service.

30.2.Any person or legal entity who violates this Law shall be charged with the liability specified in the Criminal Code or the Law on Violations.

Article 31.Entry into force of the Law

31.1.This Law shall enter into force on January 1, 2022.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA ZANDANSHATAR.G