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e01613
Standing Committee of the National People’s Congress
Seed Law of the People’s Republic of China (2004 Revision)
(Adopted at the 16th Session of the Standing Committee of the Ninth National People’s Congress on July 8th, 2000; Revised at the 11th
Session of the Standing Committee of the Tenth National People’s Congress on August 28th, 2004)
ContentsChapter 1 General Provisions
Chapter 2 The Protection of Seed Resources
Chapter 3 The Selection, Cultivation, Examination and Approval of Seed
Chapter 4 The Production of Seed
Chapter 5 The Business Operation of Seed
Chapter 6 The Usage of Seed
Chapter 7 The Quality of Seed
Chapter 8 The Import, Export of and Foreign Cooperation on Seed
Chapter 9 The Administrative Management of Seed
Chapter 10 Legal Liabilities
Chapter 11 Supplementary Provisions
Chapter 1 General Provisions
Article 1
The present law is enacted with a view to making reasonable use of seed resources; controlling the selection, production, business
operation and use of seed; protect the legal rights of the producers, business operators and users of seed; promoting seed quality;
boosting the industrialization process of seed; and accelerating the development of the planting and forestry industries.
Article 2
This law shall apply to the breeding, selection, production, business operation, usage, management of seed and other activities in
China.
The term “seed” in this Law means the materials of crops and forest trees used for planting or propagation, including seed grains,
fruits, roots, stems, seedlings, buds and leaves, etc.
Article 3
The administrative departments in charge of agriculture and forestry under the State Council are respectively in charge of the work
of crop seed and forest tree seed in China. The local crop administrative departments and forestry administrative departments above
the county level should respectively take charge of the work of crop seed and forest tree seed within their respective administrative
region.
Article 4
The State supports the protection of seed resources, the breeding, production, rebirth and popularization of quality seeds. The state
encourages the combination of seed breeding and seed production, and both encourages and rewards persons and entities that have good
performance in the work of seed resource protection, quality seed selection, breeding, popularization, etc.
Article 5
The People’s government above the county level shall make development plans according to the guidelines of strengthening agriculture
through science and education and to the requirements for the development of the planting and forestry industries, and should adopt
some methods of finance, credit and revenue to ensure the implementation of the plans.
Article 6
Special funds shall be set up by the State Council and the People’s governments of the provinces, autonomous regions, municipalities
directly under the State Council to support the selection, breeding and popularization of quality seed. Specific measures shall be
formulated by the State Council.
Article 7
The State shall establish a seed reserve system to meet the demand of production in case of disasters and to ensure the safety of
agricultural production. The reserved seed shall be checked and replaced on a regular basis. Specific measures for seed reserves
shall be formulated by the State Council.
Chapter 2 The Protection of Seed Resources
Article 8
The State protects seed resources according to law. No individual or entity may usurp on or destroy the seed resources. Wild seed
resources are also subject to the special protection of the State and shall be prohibited from collection or felling. In special
cases such as scientific research where collection or felling is necessary, the collection or felling shall be subject to the approval
of the administrative departments of agriculture and forestry under the State Council or the People’s Governments of the provinces,
autonomous regions, municipalities directly under the State Council.
Article 9
The State shall collect, sort out, appraise, record, preserve, exchange and utilize seed resources in a planned way, and regularly
release the catalog of available seed resources. The administrative departments of agriculture and forestry under the State Council
shall provide detailed measures for the above listed activities.
The administrative departments of agriculture and forestry under the State Council should establish a state seed resources database,
and the administrative departments of agriculture and forestry under the People’s Governments of the provinces, municipalities and
cities directly under the State Council may, where necessary, establish seed resources databases and protection areas according to
actual needs.
Article 10
The State has sovereignty over the seed resources. The supplying by any individual or entity of seed resources to foreign countries
shall be subject to the approval of the administrative departments of agriculture and forestry under the State Council. The introduction
of foreign seed resources into China should be handled according to the relevant stipulations of the administrative departments of
agriculture and forestry under the State Council.
Chapter 3 The Selection, Cultivation, Examination and Approval of Seed
Article 11
The administrative departments of agriculture, forestry, science and technology, education, etc., under the State Council and the
People’s Governments of the provinces, autonomous regions, and municipalities directly under the Central Government, shall organize
relevant entities to carry out the research of seed selection and of the techniques and methods of seed selection.
The State encourages and supports entities and individuals to breed and develop quality seed.
Article 12
The State shall establish a new plant species protection system. The system will grant the rights of a new species to those cultured
or to those species discovered in the wilderness that have not yet been cultivated or developed and that are characterized by novelty,
uniqueness, consistency and stability. The new plant species protection system will protect the lawful rights and interests of the
holder. Specific measures shall be subject to the relevant provisions of the State. If the selected species has been widely disseminated,
the breeder shall be enpost_titled to obtain corresponding economic profits according to law.
Article 13
If an individual or an entity’s income has decreased because of the establishment of forests for test or experiment purposes, or the
establishment of areas for the collection of quality saplings, or the establishment of gene bases with the approval of the administrative
departments of forestry, the administrative departments that has given such approvals shall give economic compensation to the individual
or entity according to related stipulations.
Article 14
A safety assessment should be carried out for the selection, breeding, test, examination and popularization of trans-genetic plant
species, and safety measures shall be adopted strictly. The State Council shall determine the details.
Article 15
Main crop or tree species shall pass the safety examination and be approved at the national or provincial level before popularization.
An applicant can directly apply for the examination and approval of either level. Those main crop and tree species as determined
by the administrative departments of agriculture and forestry under the People’s Government of provinces, autonomous regions and
municipalities directly under the Central Government shall be examined and approved by the corresponding provincial department.
The methods for the examination and approval of main crop species and tree species shall embody the rule of equity, openness, science
and efficiency. Such measures shall be formulated by the administrative departments of agriculture and forestry under the State Council.
The administrative departments of agriculture and forestry under the State Council and the People’s Governments of provinces, autonomous
regions and municipalities directly under the Central Government shall respectively establish a committee for the examination and
approval of crop and tree Species to take on the examination and approval of main crop and forestry species. The committee shall
be comprised of professional experts in these fields.
In regions with an ecological diversity, the administrative departments of agriculture and forestry for provinces, autonomous regions
and municipalities directly under the Central Government may entrust a city or an autonomous prefecture with districts under them
to administer the examinations of and the approvals for the main crop and tree species suitable for popularization within specific
ecological regions.
Article 16
The lists of main quality crop varieties and tree seeds and saplings that have passed the national-level examination and have been
approved shall be distributed by the administrative departments of agriculture and forestry under the State Council, and the seeds
or saplings on the list may be popularized throughout the country. A list of those seeds and saplings that have passed provincial
examinations and have been approved may be distributed by the administrative departments under the People’s Government of a province,
an autonomous region or a municipality directly under the Central Government, and the seeds or saplings listed may be popularized
in the specified ecological region. Similar ecological regions in nearby provinces, autonomous regions or municipalities directly
under the Central Government may introduce seed approved in other regions into their own only after the approval of the administrative
departments of agriculture and forestry under the People’s Government of a province, an autonomous region or a municipality directly
under the Central Government.
Article 17
The crop species that do not pass the examination and approval cannot be released, transferred or popularized.
Tree species that fail to pass the examination or to obtain approval cannot be regarded as quality seeds to use and popularize, but
if there is necessity to use them for production, they shall be subject to the verification of the Tree Species Examination and Approval
Committee.
Article 18
If the applicant objects to the result of the examination and approval process for a particular crop variety, she/he can ask for the
original Examination and Approval Committee or the Committee of a higher level to re-examine that variety.
Article 19
Where foreign individuals, businesses or organizations with no regular abode or business place in China apply for the examination
and approval of seeds, they shall entrust the matter to Chinese institutions with legal qualifications engaged in scientific research,
production and operation in seeds.
Chapter 4 Seed Production
Article 20
A permission-based system shall be put into practice for commercial seed production of crop and tree varieties.
The licenses for the production of crossbreed seed and parent seed of main crops, original seed of conventional strains and the seed
of main improved tree varieties shall be issued by the People’s Government administrative departments of agriculture and forestry
of provinces, autonomous regions and municipalities directly under the Central Government. They shall be issued only after they have
been examined and approved by the administrative departments of agriculture and forestry under the local People’s Government at the
county level. The production licenses for other seeds shall be issued by the administrative departments of agriculture and forestry
under the local People’s Government at the county level or above.
Article 21
Entities applying for the seed-production license shall possess the following qualifications
(1)
Possessing the isolation and cultivation conditions required for seed propagation;
(2)
Possessing a site for seed-production free of quarantined plant diseases and insect pests or a seed-collection forest approved by
forestry administrative department under the People’s Government above the county level;
(3)
Possessing enough capital and facilities to produce and test the seed;
(4)
Possessing professional technicians for seed production and test;
(5)
Complying with other conditions stipulated by laws and regulations.
To apply for a license for the production of seeds with the rights of new plant variety, consent in written form must be sought from
the entity owning the seed rights.
Article 22
The seed-production license must indicate seed species, production place, and valid period, and other details regarding the seed variety
and production location.
It is forbidden to counterfeit, alter, buy or lease a seed-production license, and it is also forbidden for any entity or individual
to carry out seed production without a license or against the stipulations under the license.
Article 23
The production of commercial seeds shall follow the technical procedures for seed production and the procedures for seed test and
quarantine.
Article 24
The collection of seeds at the production site shall be organized by the operator of the site, and it shall be carried out according
to related national standards.
It is forbidden to pick immature seed, damage the parent trees, and to collect seeds from inferior quality forests or trees.
Article 25
The producer must record and file a record of the details of his/her commercial seed production. The record shall indicate the production
place, environmental conditions, original crop, parent seed resources, persons in charge of quality and technology, field-check record,
the weather record of production place, and seed distribution etc.
Chapter 5 Seed Operation
Article 26
A license system shall be carried out for seed operation. The seed operator must first obtain a seed-operation license before applying
for the transaction or modification of an operating license to the administrative office of industry and commerce.
A multi-level system of examination, approval and granting for the seed-operation license shall be put into practice at every level.
The administrative departments of agriculture and forestry under the local People’s Governments above the county level issue and
examine the seed-operation license. The administrative departments of agriculture and forestry of the local People’s Government of
the county level shall audit the seed-operation license of main crossbreed crop seeds, parent seeds, seeds of normal resources, and
the seeds of main improved tree species. The administrative departments of agriculture and forestry of the People’s Government of
provinces, autonomous regions and municipalities directly under the Central Government shall check and grant the license. The seed-operation
licenses for seed companies that combine seed selection, cultivation, production and operation and import/export companies, whose
registered capital meets the requirements stipulated by the administrative department of agriculture and forestry under the State
Council, shall be examined by the of agriculture and forestry under the People’s Governments of provinces, autonomous regions and
municipalities directly under the Central Government, and shall be granted by the administrative department of agriculture and forestry
under the State Council.
Article 27
The residual ordinary seeds that have been bred and used by farmers can be sold and exchanged on the market without any operating
license, and the People’s Government of provinces, autonomous regions and municipalities directly under the Central Government shall
formulate administrative measures.
Article 28
The State encourages and supports scientific research entities, schools and technicians to research on and legally develop, deal in
and popularize the new varieties of crops and improved forest varieties.
Article 29
The entity or individual applying for the seed-operation license shall possess the following qualifications
(1)
Having the capital consistent with the species and quantity of the seeds that they deal in, and can independently assume the civil
responsibilities;
(2)
Having the personnel that can correctly identify the seeds that they deal in, check the seed quality, and master the technologies
for the storage and protection of seeds;
(3)
Having the business place that is suitable for the variety and quantity of the seeds they deal in, the facilities for the processing,
packing and storage of the seeds, and the device to check the quality of the seeds, and
(4)
Other conditions stipulated by laws and regulations.
For the seeds operators who only deal in those seeds for which no further sub-package is needed, or for the distributors entrusted
in written form by those seeds operators who possess the seed-operation license, they need not transact a seed-operation license.
Article 30
The valid area for a seeds operation license shall be determined by the department that has granted it within its domination. The
seed operator can establish branches according to the valid area stipulated by the seed-operation license and need not obtain any
further licenses. But they shall file a record to the local administrative departments of agriculture and forestry and the original
license-granting office within 15 days after they have transacted or modified the operation license.
Article 31
The seed-operation license must indicate the business scope, operation method, valid area and valid period for the seed operation.
It is forbidden to counterfeit, change, buy or borrow the seed-operation license, and it is forbidden for any entity or individual
with no license or without complying with the stipulations of the license to deal in seeds.
Article 32
The seed operator shall comply with related stipulations of laws and regulations to provide the seed users with the characteristics,
the main instructions for the planting, the conditions for the usage of the seeds and related consultancy services, and shall be
responsible for the seed quality.
No entity or individual is allowed to interfere with the independent operation rights of the seed operator.
Article 33
No one is permitted purchase the seeds of rare trees and the forest seeds subject to restricted purchase by the People’s Government
of the corresponding level without the approval of the competent administrative department of forests of the People’s Governments
of the provinces, autonomous regions, and municipalities directly under the Central Government.
Article 34
The seeds to be sold shall be processed, classified and packed, except for those that cannot be processed or packed.
The big-package seeds or the imported seeds may be divided into smaller packages, but the entity to carry this task must be marked
clearly and it shall be fully responsible for the seed quality.
Article 35
The seeds to be sold shall be attached with a label indicating seed type, variety, name, production place, quality indicators, quarantine
certificate number, license number of seed production and operation, or document number for import examination and approval, etc.
The contents of the label shall be consistent with the seed to be sold.
For the sale of imported seeds, a Chinese label must be attached.
For the sale of trans-genetic plant seeds, it must be marked with obvious written language and provided with safety control measures
as well.
Article 36
The seed operator must establish files for seed operation, indicating brief content on the sources, processing, storage, transportation
and quality check of the seed, and the persons responsible and where the seed will be sold.
The operation documents of annual crop seeds shall be kept for two years after the sale, while the administrative departments of agriculture
and forestry under the State Council shall stipulate the archival period of the operation documents for perennial crop seeds and
tree seeds.
Article 37
The contents of seed advertisements shall be consistent with this law and other laws and regulations related to advertising, and the
description of the main characteristics shall be in line with the examined and approved bulletin.
Article 38
The seeds to be transferred or mailed out of a county shall be attached with a quarantine certificate.
Chapter 6 The Usage of Seed
Article 39
The seed user having the right to buy seeds fully of his/her own free will, and no entity or individual is allowed to interfere illegally.
Article 40
The forestation project mainly or fully invested by the State or the forestation project carried out by a state forestry entity shall
use the improved forest variety according to the plan formulated by the administrative department of forestry.
The State shall support the forestation of shelterbelt using improved forest variety and other forestation projects with special usage.
Article 41
If a seed user suffers loss because of the seed quality, the seed supplier shall compensate for it, and the compensation shall include
the money for the purchase of the seeds, related expenses and the loss of attainable profits.
After the operator compensates for the buyer’s loss, the operator has the right, if the seed user’s loss has been caused by the seed
producer or other operators, to claim for the compensation from the seed producer or other operators.
Article 42
If a civil dispute is caused by seed usage, the parties can come to agreement by negotiation or intermediation. If one of the parties
is reluctant to resolve the dispute by above methods or the dispute cannot come to agreement, the party can apply for arbitration
to the arbitration organizations. The party can also directly go to the People’s Court.
Chapter 7 Seed Quality
Article 43
The administrative departments of agriculture and forestry under the State Council shall stipulate the industry standards and quality
management methods of seed production, processing, package, check and storage.
The administrative department of agriculture and forestry shall be in charge of the supervision of the seed quality.
Article 44
The administrative department of agriculture and forestry can entrust a quality test unit to check the seed quality.
The seed quality test institution shall possess corresponding test conditions and abilities and pass the examination of related administrative
departments under the People’s Government above the provincial level.
Article 45
The institutions for the test of seed quality shall be equipped with qualified seed inspectors who shall have the following qualifications
(1)
Graduating from a technical secondary school, majoring in a related subject;
(2)
Having engaged in the work of seed quality test for more than three years;
(3)
Having passed the examination of the administrative departments of agriculture and forestry under the People’s Government above the
provincial level.
Article 46
It is forbidden to produce or deal in false or inferior quality seeds. False seed includes the following
(1)
Use non-seed to imitate seed or use a kind of seed to imitate another kind of seed; and
(2)
The seed variety, type and production place are not consistent with the contents of the label.
The following are inferior quality seeds
(1)
The seed whose quality is lower than that of the national standards;
(2)
The quality is lower than what is marked on the label;
(3)
The quality has changed and the seeds cannot be used as seeds;
(4)
The percentage of weed seeds is more than the stipulated value; and
(5)
With maleficent organisms quarantined by the State.
Article 47
In case that the crop seed must be used because of force majeure, and its quality is lower than that of the seed-usage standards of
the national or local government, the seed usage must be approved by the People’s Government above local county level, while the
forest seed must be approved by the People’s Government of local provinces, autonomous regions and municipalities directly under
the Central Government.
Article 48
The entity or individual engaged in the seed selection, cultivation, production, operation and management shall comply with stipulations
of related quarantine law and administrative regulations to avoid the spread of dangerous diseases, insect pests and weeds for plants.
It is forbidden for any entity or individual to carry out inoculation experiments on plant diseases and insect pests in a seed production
base.
Chapter 8 Import, Export and Foreign Cooperation for Seed
Article 49
The quarantine system must be put into practice for seed import and export to prevent plant dangerous diseases, insect pests and weeds
from coming into or going out of China. The detailed quarantine work shall be carried out according to the quarantine law of plant
import and export.
Article 50
The legal entities or other organizations engaged in the business of seed import and export must possess the seed-operation license;
in addition, they must get the permission to carry out import and export trade on seeds according to foreign trade law and administrative
regulations.
The State Council shall stipulate the limits of power to examine and approve the introduction of crop seeds or forest seeds from foreign
countries, stipulate the examination and approval measures to import and export crop seeds and forest seeds, and determine the administrative
measures to introduce trans-genetic plant species from foreign countries.
Article 51
The quality of imported and exported seed shall meet national standards or industry standards. If there is no national standards or
industry standards for the seed quality, the standard in the contract shall be carried out accordingly.
Article 52
Seed import to produce seed for foreign countries shall not be restricted by Paragraph1 of Article 50 , provided that there is a seed
production contract, the imported seed must only be used for seed production and its products cannot be sold in China.
The crop varieties imported from foreign countries for test must be cultivated in isolation, and the harvest cannot be sold as commercial
seed in China.
Article 53
It is forbidden to import and export false or inferior quality seeds, or the seeds that are not permitted to import and export by
national stipulations.
Article 54
For the foreign enterprises or other economic organizations to invest in seed production and operation in China, the administrative
measures and examination/approval procedures shall be formulated by related departments under the State Council pursuant to related
laws and administrative regulations.
Chapter 9 Administrative Management for Seed
Article 55
The administrative departments of agriculture and forestry are the law enforcement agencies on seeds. Seed law enforcers shall identify
themselves by showing their certificate of law execution when legally carrying out their line of duty.
To implement this law, the administrative departments of agriculture and forestry can check the locale.
Article 56
The administrative departments of agriculture and forestry and their personnel may not take part in or undertake activities of seed
production or operation. The organizations of seed production and/or operation may not take part in or undertake the administrative
management work of seeds. The administrative department and the organizations of seed production and/or operation shall be separated
from each other on personnel and financial affairs.
Article 57
The administrative departments of agriculture and forestry under the State Council and the People’s Governments of provinces, autonomous
regions and municipalities directly under the Central Government, in whose regions the seed is cultivated other than where the organizations
of seed production and/or operation are registered, shall strengthen the coordination and management on seed cultivation. The traffic
and transportation departments shall first guarantee the transportation of seeds.
Article 58
When granting related licenses, the administrative departments of agriculture and forestry shall not charge any expenses except the
production costs of certificates.
Chapter 10 Legal Responsibilities
Article 59
For any entity or individual who violates the stipulations of this law to produce or deal in false seeds or inferior quality seeds,
the administrative departments of agriculture and forestry or other administrative management organizations of industry and commerce
under the People’s Government of the county level or above shall order them to stop production or operation, confiscate the seeds
and illegal income, revoke the seed-production license, seed-operation license or business license, and impose a fine for the illegal
actions. If there is illegal income, a fine of 5 to 10 times the illegal income shall be imposed on them; if there is no illegal
income, a fine of RMB 2,000 Yuan to RMB 50,000 Yuan shall be imposed. If a crime is constituted, criminal responsibilities shall
be investigated and affixed according to related laws.
Article 60
For those who break the stipulations of this law and have done one of the following, the administrative departments of agriculture
and forestry under the People’s Government above the county level shall order them to correct, confiscate the seeds and illegal income,
impose a fine of 1 to 3 times the illegal income, and impose, if there is no illegal income, a fine of RMB 1,000 Yuan to RMB 30,000
Yuan on them, revoke the seed-production license or seed-operation license. If is crime is constituted, criminal responsibilities
shall be investigated and affixed according to related laws
(1)
Producing seeds without having obtained the seed-production license, or by counterfeiting, changing, buying or leasing the seed-production
license, or going against the stipulations of the seed-production license.
(2)
Dealing in seeds without having obtained the seed-operation license, or by counterfeiting, changing, buying or leasing the seed-operation
license, or going against the stipulations of the seed-production license.
Article 61
For those who break the stipulations of this law and have done one of the following, the administrative departments of agriculture
and forestry under the People’s Government above county level shall order them to correct, confiscate the seeds and the illegal income,
impose a fine of 1 to 3 times the illegal income, impose, if there is no illegal income, a fine of RMB1,000 Yuan to RMB20,000 Yuan
on them, revoke the seed-production license or seed-operation license. If a crime is constituted, criminal responsibilities shall
be investigated and affixed according to related laws
(1)
Selling seeds produced for foreign countries in China;
(2)
The harvest of the test-crop seeds introduce into China is sold as commercial seeds in China; and
(3)
Privately collecting or felling of natural variety resources protected by the State.
Article 62
For those who break the stipulations of this law and have done one of the following, the administrative departments of agriculture
and forestry under the People’s Government above the county level shall order
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Ministry of Finance, State Administration of Taxation
The Ministry of Finance and the State Administration of Taxation Notice about Adjusting Pertinent Policies on Tax Reduction and Exemption
Concerning House Tax
Cai Shui [2004] No. 140
The finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, cities
directly under separate state planning, local tax bureaus, the Finance Bureau of Xinjiang Production and Construction Corps:
With a view to regulating the revenue policies and to further strengthening the administration on the collection of house taxes, it
was decided upon discussion that the Interpretations and Interim Provisions of the Ministry of Finance and the State Administration
of Taxation on Some Specific Issues Concerning the House Tax (Cai Shui Di Zi Di [86] No. 008) shall be partially amended in an appropriate
way, that is, to abolish Article 18 which provides that the house properties of a slightly profitable enterprise or loss-making
enterprise “may be exempted from the house tax within a certain period upon the decision made by the local tax bureau in light of
the actual circumstances” and Article 20 which provides that “after an enterprise stops production or is cancelled, if the house
properties formerly owned by it are left unused, it may be exempted from the house tax temporarily upon approval of the tax bureau
of the province, autonomous region or municipality directly under the Central Government.”
The Ministry of Finance and the State Administration of Taxation
August 19, 2004
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