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Decision On issuing the Regulation on the management and use of the certification mark “Da Lat Persimmon” 

DECIDES:

Article 1. To issue together with this Decision the Regulation on the management and use of the certification mark “Da Lat Persimmon”.

Article 2. This Decision takes effect from the date the National Office of Intellectual Property issues the Certificate of Trademark Registration.

Article 3. Head of the Office of the People's Committee of the Province; Director of Department of Science and Technology; Chairman of the People's Committee of Da Lat City; Heads of relevant agencies and units, and relevant organizations and individuals base on this Decision for implementation./.

 

Recipients:

- The Government Office;

- The Ministry of Science and Technology (National Office of Intellectual Property);

- Standing members of the Province’s People’s Committee and the Province People’s Council;

- Chairman and Vice Chairmen of the Province’s People’s Committee;

- The province’s delegation of the National Assembly;

- As Article 3;

- Websites of the Government and the People's Committee of the Province;

- The Province’s Newspaper Center;

- Lam Dong Television Station, Lam Dong Newspaper;

- Archived: VT, VX1.

ON BEHALF OF THE PEOPLE’S COMMITTEE

CHAIRMAN

 (Signed and sealed)

Doan Van Viet

 

  

THE PEOPLE’S COMMITTEE  OF LAM DONG PROVINCE

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

 

REGULATION

on the management and use of the certification mark “Da Lat Persimmon”

(Attached with Decision no. 900/QD-UBND dated May 15th, 2018 by the People’s Committee of Lam Dong Province)

 


CHAPTER I

GENERAL PROVISIONS

Article 1. Purposes and meaning

          Together with organizations and individuals in Da Lat City and surrounding areas to jointly build and use the certification mark “Da Lat Persimmon” to become a prestigious trademark in the local community of persimmon producers and traders.

Article 2. Scope and objects of application

1. The certification mark “Da Lat Persimmon” is an exclusively registered trademark;

2. This Regulation prescribes the management and use of the certification mark “Da Lat Persimmon” for Persimmons produced and traded in Da Lat City and its vicinities;

3. This Regulation applies to certification authorities and organizations and individuals engaged in the production and trading of Persimmon products in Da Lat City and its vicinities.

Article 3. Interpretation of terms

In this Regulation, the terms used are understood as follows:

1. The certification mark “Da Lat Persimmon” is a trademark applied to Persimmon products produced and traded in Da Lat City and neighboring areas of Lam Dong Province;

2. Certificate of using the certification mark of “Da Lat Persimmon” is a certificate granted by the trademark management agency to organizations and individuals producing and trading Persimmon products in Da Lat City and neighboring areas which meet the conditions prescribed in this Regulation;

3. Organizations and individuals producing and trading Persimmon products mentioned in this Regulation are enterprises, cooperatives, cooperative groups, households, and individuals engaged in the production and trading of Persimmon products in Da Lat City and surrounding areas.

Article 4. Issuance and use of the certification mark

1. Organizations and individuals that use the certification mark “Da Lat Persimmon” should meet the following requirements:

a) Having production and trading activities in Persimmon products in Da Lat City and its vicinities within the certification areas according to the Map in Appendix 2 of this Regulation;

b) Having Certificates of food hygiene and safety issued by functional units according to legal provisions;

c) Ensuring the quality regulations according to the Product Quality Standard for Persimmon products bearing the certification mark “Da Lat Persimmon” in Appendix 3 of this Regulation;

d) Observing the regulations throughout the process from production to circulation, ensuring that the products have the prescribed characteristics and quality;

e) Strictly and fully complying with the contents in the Certificate of using the certification mark of “Da Lat Persimmon” in the process of using the certification mark.

2. Organizations and individuals are entitled to use the certification mark “Da Lat Persimmon” when they are granted the Certificate of using the certification mark of “Da Lat Persimmon” by the trademark management agency.

Article 5. Logo and list of registered products of the certification mark

Logo and list of registered products of the certification mark of “Da Lat Persimmon” are in Appendix 1 of this Regulation.

Article 6. Area map of production and trading of Persimmon products bearing the certification mark

The areas of production and trading of Persimmon products bearing the certification mark of “Da Lat Persimmon” are in Appendix 2 of this Regulation.

CHAPTER II

THE CHARACTERISTICS OF PERSIMMON PRODUCTS USING THE CERTIFICATION MARK OF “DA LAT PERSIMMON”

Article 7. Products bearing the certification mark of “Da Lat Persimmon”

They are Persimmon products produced in Da Lat City and surrounding areas which meet the criteria of the area map of certification and quality in accordance with Appendix 2 and Appendix 3 of this Regulation.

Article 8. Quality characteristics

The quality characteristics of Persimmon products bearing the certification mark “Da Lat Persimmon” is shown in Appendix 3 of this Regulation.

Article 9. Assessment method of quality characteristics

1. Sampling method: Samples of products for quality evaluation are randomly taken in the product lot bearing the mark, which is carried out by the trademark management body together with the organization or individual using the certification mark;

2. Assessment method of quality characteristics: The quality criteria are evaluated according to the methods prescribed in the current Vietnamese Standards; if the testing method is not included in the Vietnamese Standard, the assessment method of quality will be determined by the competent authority.

CHAPTER 3

MANAGEMENT ON USING THE CERTIFICATION MARK

Article 10. Granting the Certificate on the right to use the certification mark

          1. Organizations and individuals wishing to use the certification mark “Da Lat Persimmon” will send a set of application documents, including: a Request for the grant of a certificate; a Commitment to use the certification mark in accordance with Appendix 4 and Appendix 5 of this Regulation, and other documents (if any) to the Reception and Pick-up Office of the People's Committee of Da Lat City (directly or through the public postal service);

          2. Within five working days from the date of receiving the application, the People's Committee of Da Lat City will conduct the actual inspection of production and business activities and evaluate the quality through sampling;

3. Within 12 working days after the facility inspection and sampling, the People's Committee of Da Lat City will decide whether or not to grant a certificate; In case of refusal, the reasons must be clearly stated and written replies must be made.

Article 11. Certificate on the right to use the certification mark of “Da Lat Persimmon”

1. The certificate includes the following contents:

- Name and address of the organization or individual being granted the certificate;

- Telephone, Fax, Email, Website (if any);

- List of Persimmon product categories to be granted the certificate;

- A sample of the certification mark of “Da Lat Persimmon”;

- Rights and obligations of organizations and individuals granted the certificate;

- Full name, signature, and seal of the People's Committee of Da Lat City.

2. The certificate is made in 01 original copy for delivery to the unit. The issuing unit opens the registry book to record issuance and revocation of certificates. In case of request for the issuance of a copy of the certificate, the management agency will issue a maximum of 10 copies;

3. The certificate has a term of 3 years;

4. Cases of certificate re-issuance:

a) Expired according to regulations and during the process of using there are not any violations of the Regulation; organizations and individuals may apply for the same re-issuance as the first time;

b) Granted the certificate and in the course of use, there is violation to the extent of being revoked; for consideration of certificate re-issuance, it must be one year after the date of revocation;

c) If lost or damaged, there has to be a re-issuance application, the management agency will re-issue within 5 working days after the receipt of re-issuance application.

Article 12. Use of the certification mark

1. Organizations and individuals may use the certification mark on product packages, business facilities, correspondence letters, or advertising means;

2. Use correctly and accurately the certification mark, including the brand name and logo image;

3. Only use the certification mark for Persimmon products which have been issued the certificate of using the certification mark by the management agency;

4. The certification mark is used in conjunction with the unit's private label, but not used as the principal mark of the product;

5. Organizations and individuals are not allowed to transfer the right to use the certification mark in any form, including among the member units of the corporation, the parent company and its subsidiary, and vice versa;

6. All necessary and related information to the certification mark must be disseminated and fully provided to members using the certification mark;

Article 13. Quality control of products bearing the certification mark

1. Annually, the People's Committee of Da Lat City and organizations and individuals using the mark take their samples bearing the certification mark for quality evaluation; the quality assessment fee is paid by the organization or individual that uses the mark under regulations;

2. When there is doubt about the quality of Persimmon products bearing the certification mark, the People's Committee of Da Lat City has the right to unexpectedly requests product samples from the organization or individual using the mark for product quality inspection and evaluation.

Article 14. Costs of certification and protection of the certification mark

1. Organizations and individuals participating in the certification mark “Da Lat Persimmon” must pay fees on certification, annual maintenance, quality assessment for certification, and periodical or unexpected quality inspection in the course of using the certification mark as prescribed by the competent body;

2. Charges for certification and annual maintenance fee must comply with current provisions of the State law on charges and fees.

CHAPTER IV

RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN THE CERTIFICATION MARK

          Article 15. Rights in participating in the certification mark

          1. Organizations and individuals using the certification mark are equal in rights, benefits, as well as obligations related to the certification mark;

          2. Organizations and individuals granted the certificate of using the certification mark have the rights:

a) To affix the certification mark on packages of produced and traded products which are already granted the certificate;

b) To exploit, use and enjoy the economic benefits arising from the certification mark;

c) To be protected by the State for the lawful use of the certification mark of “Da Lat Persimmon”.

Article 16. Responsibilities in participating in the certification mark

1. To implement the contents in Articles 4, 12 and 16 of this Regulation;

2. To strictly and fully comply with the regulations on using the certification mark, maintain, protect, and improve the quality of Persimmon products, and develop the intellectual property value of the certification mark of “Da Lat Persimmon”;

3. To maintain and ensure the quality of Persimmon products bearing the certification mark of “Da Lat Persimmon”;

4. When there is no longer a need to use the certification mark, the organization or individual has to notify the trademark management agency to perform procedures for the withdrawal of the certificate;

5. To promptly supply information of organizations and individuals who violate the regulations on the use of certification trademark of “Da Lat Persimmon” to the trademark management agencies for consideration and settlement.

CHAPTER 5

IMPLEMENTATION ORGANIZATION

Article 17. The mechanism for settling disputes over the certification mark

1. The People's Committee of Da Lat City settles disputes arising within the members being granted the certificate;

2. The People's Committee of Da Lat City acts as the representative settling disputes over the certification mark according to provisions of the law with the external groups (of the members being allowed to use the certification mark, or between the People's Committee of Da Lat City, and external individuals and organizations);

3. The People's Committee of Lam Dong Province settles disputes between the People's Committee of Da Lat City and organizations and individuals using the certification mark.

Article 18. Implementation provision

In the course of implementing the Regulation, if any difficulties and obstacles arise, agencies, organizations, and individuals timely inform the People's Committee of Da Lat City to report and propose to the People's Committee of the province for consideration and additional adjustments accordingly./.


PRODUCT QUALITY STANDARD

PERSIMMON PRODUCTS BEARING THE CERTIFICATION MARK OF “DA LAT PERSIMMON”

(Attached with Decision no. 900/QD-UBND dated May 15th, 2018 by the People’s Committee of Lam Dong Province)

         

I. Origin of the Persimmons

          The Persimmons are grown in Da Lat City and neighboring areas; Persimmon products bearing the certification mark of “Da Lat Persimmon” must specify the following information:

          - Enterprise / unit / head of household;

- Address;

- Production location;

- The origin of the production seed;

- Harvest date.

II. Product quality criteria

1) For fresh Persimmon products:

a) Color:

- Fruit color: When ripe, the yellow color is the characteristic of the persimmon.

- The color of the sepal (the cover on the stem): light green.

b) Odor: There is a characteristic aroma of persimmons, no strange smell.

c) Taste: The characteristic sweetness of persimmons.

d) Shape:

*Fuju persimmon:

- Shape and fruit color: The fruit is slightly short, reddish yellow inside, red orange peel.

- Average weight is about 225 grams.

- Fruit quality: strong and soft inside, fruity sweet, crispy, non-astringent.

* Tansung – Si persimmon:

- Shape and fruit color: oblong shape, the top of the head is slightly pointed, yellowish orange peel, slightly turning to brick color.

- Average weight is 200-250 grams.

- Fruit quality: strong and soft inside, no seeds or maximum of 2 seeds, average sweetness when ripe

* China – Conícal persimmon:

- Shape and fruit color: conical-shaped fruit (cup), yellowish orange peel.

- Average weight is 200-250 grams.

- Fruit quality: strong and supple inside, soft when ripe, fruits usually have 1 to 2 seeds

* Chỉna – Oblong persimmon:

- Shape and fruit color: flat and oblong with a flat top, with deep ridges running vertically along the fruit, the peel is fresh orange, blushy red when ripe.

- Average weight is 230-250 grams.

- Fruit quality: naturally ripe inside is very supple, fruits usually do not contain seeds or deflated seeds leaving chalky patches inside.

* Viet NamOblong persimmon:

- Shape and fruit color: shape of an egg, pointed top, thick peel, greenish orange, orange yellow when ripe.

- Average weight is 100-120 grams.

- Fruit quality: firm inside, high tannin content, soft and sweet when ripe, many seeds.

* Mr. Dong square persimmon:

- Shape and fruit color: the fruit is slightly flat, has four edges, flat top, slightly shiny orange peel. Crimson orange when ripe, color remains for a long time.

- Average weight is 150-200 grams.

- Fruit quality: firm, soft and sweet when ripe, usually seedless.

* Tam Hai persimmon:

- Shape and fruit color: the fruit has four ridges, is flat, elongated with a flat top.

- Average weight is 200 to 250 grams.

- Fruit quality: soft, juicy, sweet, usually 1-2 seeds.

e) Indicators on microbiology, heavy metal content, and pesticide residue: following the Ministry of Health's regulations.

2. For dried Persimmon products:

Ord.

Criteria

Unit

Standard

Application

Note

Key quality indicators

1

Humidity, not more than

%

Basic standard

According to the registered quality level of the establishment

 

2

 Acid insoluble ash, not more than

%

Basic standard

3

Saccharin

Qualitative

(-)

4

Cyclamate

Qualitative

(-)

5

Food color

Identifier

Consolidated document no. 02/VBHN-BYT

6

Total sugar content

%

Basic standard

7

Acidity

%

Basic standard

8

Carbohydrate content

%

Basic standard

Microbiological indicators

1

Aerobic bacteria, not more than

CFU/g

104

According to Decision no. 46/2007/QD-BYT (Maximum limit for biological and chemical pollution in food)

 

2

Total Coliforms, not more than

CFU/g

10

3

Escherichia coli, not more than

MPN/g

3

4

Staphylococcus aureus, not more than

CFU/g

10

5

Clostridium perfringens, not more than

CFU/g

10

6

Bacillus cereus, not more than

CFU/g

10

7

Fungus, not more than

CFU/g

102

Heavy metal content

1

Lead (Pb), not more than

mg/kg

0.1

According to QCVN 8-2:2011/BYT

 

Chemical residues from pesticides

According to Circular no. 50/2016/TT-BYT

Imazalil
Endosulfan

III. Methods of determining quality criteria

1. Determination of Persimmon origin:

Based on a record of information during cultivation.

2. Determination of quality criteria:

a) Determination of color, smell and taste:

Determining the color and smell of a persimmon is mainly by the sense of smell, often if the fruit meets the criteria of characteristics, its color and smell are relatively good.

b) Method to determine the fruit shape:

- Measure the length of the straight line to the nearest millimeter: from the bottom to the top of the fruit.

- Weigh the fruit to determine the weight with accuracy to the nearest gram.

c) Determination of major quality indicators, microbiological indicators, heavy metal contents, chemical residues of pesticides:

- Send persimmon samples to VILAS-accredited testing laboratories or testing laboratories in the system, which have been recognized by VILAS, for the purpose of analyzing the above criteria.


SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom – Happiness

 

APPLICATION FORM

FOR ISSUANCE (RE-ISSUANCE) OF THE CERTIFICATE OF USING

THE CERTIFICATION MARK OF “DA LAT PERSIMMON”

 

To: The People’s Committee of Da Lat City

 

Name (unit, organization) of the applicant:..........................................................

Address:...........................................................................................................

Phone no.:......................................... Fax:.......................................................

Email:................................................ Website..................................................

Decision on establishment or business license (if any):..........................................

.................................................................................................................................

After studying the regulations on management and using the certification mark of “Da Lat Persimmon”, related to the specific conditions of the unit, we register to be granted the Certificate of using the certification mark “Da Lat Persimmon”:

Issuance reason:...............................................................................................

Type of product for the issuance:........................................................................

The unit’s production and business scale:

.......................................................................................................................

.................................................................................................................................

.................................................................................................................................

Production and business location of the unit:

.......................................................................................................................

.................................................................................................................................

.................................................................................................................................

Attached to the Commitment on the use of the certification mark of “Da Lat Persimmon”

We hereby declare that the above information is true; at the same time, we commit to strictly implement the requirements of the State on the management and use of the certification mark of “Da Lat Persimmon”.

 

 

Da Lat, date     month    year

REPRESENTATIVE

(sign and seal)

 


SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom – Happiness

COMMITMENT

ON THE USE OF THE CERTIFICATION MARK OF “DA LAT PERSIMMON”

To: The People’s Committee of Da Lat City

Name (unit, organization) of the applicant:..........................................................

Address:...........................................................................................................

Phone no.:......................................... Fax:.......................................................

Email:................................................ Website..................................................

Decision on establishment or business license (if any):..........................................

.................................................................................................................................

If we are granted the right to use the certification mark of “Da Lat Persimmon”, we commit to comply strictly and fully with the regulations related to the use of the certification mark to maintain, protect and improve the quality of the product and develop the intellectual property value for the certification mark of “Da Lat Persimmon”:

1. Use correctly and accurately the certification mark, including the brand name and logo image;

2. Only use the certification mark for Persimmon products which have been issued the certificate of using the certification mark by the management agency;

3. The certification mark is used in conjunction with the unit's private label, but not used as the principal mark of the product;

4. Not transfer the right to use the certification mark in any form;

5. Disseminate and fully provide to members all necessary and related information to the certification mark;

6. Abide by the regime of regular or irregular inspection of the trademark management agency to certify the use of the mark by the unit;

7. Pay all charges and fees according to regulations;

8. Fully implement the contents of the regulation on management and use of the certification mark of “Da Lat Persimmon”;

9. Comply strictly and fully with the regulations related to the use of the certification mark to maintain, protect and improve the quality of the product and develop the intellectual property value for the certification mark of “Da Lat Persimmon”;

10. Maintain and ensure the quality of goods bearing the certification mark of “Da Lat Persimmon”.

If we breach the commitments made above, we will be handled by the state management agencies.

 

Da Lat, date     month    year

Representative

(sign and seal)

LAM DONG PORTAL
Management agency: Center Manage electronic information, of the Department of Information and Communications
Main responsible: Mr. Nguyen Viet Van - Director of Department of Information and Communications
Address: 19 Le Hong Phong, Ward 4,Da Lat city
Tel: 063.3545579 - Fax: 063.3545455 - Email: contact@lamdong.gov.vn
Write www.lamdong.gov.vn using the information on this website
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