Pháp lệnh về giống vật nuôi năm 2004

ORDINANCE

ON LIVESTOCK BREEDS

Pursuant to the 1992 Constitution of Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the 10th session of the Xth National Assembly;

Pursuant to Resolution No. 21/2003/QH11 of November 26, 2003 of the 4th session of the XIth National Assembly on the 2004 law- and ordinance-making program;

This Ordinance prescribes livestock breeds.

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Ordinance prescribes the management and conservation of livestock gene sources; research into, selection, creation, assay, testing and recognition of, new livestock breeds; production and trading of livestock breeds; management of the quality of livestock breeds.

Article 2.- Subjects of application

This Ordinance applies to Vietnamese organizations and individuals, foreign organizations and individuals, that are engaged in the field of livestock breeds in the Vietnamese territory.

In cases where international agreements which Vietnam has signed or acceded to contain provisions different from those of this Ordinance, such international agreements shall apply.

Article 3.- Interpretation of terms

In this Ordinance, the terms below are construed as follows:

1. Livestock breed means a population of livestock of the same species and the same stock, having similar appearance and genetic structure, having been generated, consolidated and developed by human manipulations; a livestock breed must have a certain number of individuals for multiplication and inheritance of its characteristics by offspring generations.

Livestock breeds include cattle, poultry, bee, silkworm and aquatic animal breeds and their breeding products such as sperms, embryos, breeding eggs, larva and breeding genomes.

2. Purebred livestock breed means a breed stable in terms of genetics and productivity; identical in terms of genotype, appearance and disease resistance.

3. Prototypal breed stock means a stock of purebred domestic animals or a stock already selected, created or reared for production of grandparental stocks.

4. Grandparental breed stock means a stock of domestic animals multiplied from prototypal stock for production of parental stocks.

5. Parental breed stock means a stock of domestic animals multiplied from grandparental stock for production of commercial stocks.

6. Nucleus stock used in large-scale cattle breeding means the best stock, with a clear source and origin, reared and selected according to a certain process in order to obtain a high genetic advance, for the purpose of producing breeding stocks.

7. Breeding stock used in large-scale cattle breeding means the stock descended from nucleus stock for production of commercial breeds or selected for addition to nucleus stock.

8. A commercial breed means a stock of domestic animals descended from parental stock or breeding stock.

9. Fake breeds mean breeds inconsistent with labeled breed names.

10. Breed selection means the use of technical measures to select and keep as breeds individuals having favorable properties which satisfy human requirements.

11. Breed creation means the selection and cross-breeding or use of other genetic technical measures to create a new breed.

12. Breed improvement means the change of one or many characteristics of existing breeds by means of cross-breeding to obtain better corresponding characteristics.

13. Inspection of individual productivity means the assessment of productivity and quality of breed animals before putting them into use.

14. Zygote means a cell formed by the union of a spermatozoon and an egg.

15. Embryo means a zygote already developed through different stages.

16. Livestock gene source means whole living animals and their breeding products carrying genetic information, capable of creating or taking part in creating new livestock breeds.

17. Conservation of livestock gene sources means the protection and maintenance of livestock gene sources.

18. Assay of livestock breeds means the tending, rearing and monitoring under certain conditions and within a given duration new livestock breeds imported for the first time or new livestock breeds created at home, in order to determine their distinctness, stability and uniformity in productivity, quality and disease resistance, and assess their harms.

19. Testing of livestock breeds means the rechecking and reassessment of productivity, quality and disease resistance of livestock breeds after they are put to production or serves as basis for announcing that the quality of such breeds conforms with the standards.

20. Genetically modified livestock breeds mean those bearing a new combination of genomes (ADN) received through the use of modern biological technology.

21. Cloned livestock breeds mean those created by cloning techniques from a vegetal cell.

22. New livestock breeds mean new breeds created or imported for the first time but not yet on the list of livestock breeds permitted for production and trading.

Article 4.- Principles for activities related to livestock breeds

1. The elaboration of strategy, planning and plans on development of livestock breeds must be in line with the overall socio-economic development planning of the whole country and each locality.

2. Close management of livestock breed production and trading by production and/or business establishments of all economic sectors.

3. Assurance of good quality of livestock breeds, which can satisfy the production development demands, food hygiene and safety and environmental and ecological protection.

4. Application of scientific and technological advances to the research into, selection, creation and production of livestock breeds; combination of modern technologies and people's experiences.

5. Promotion of autonomy, guaranty of equality and legitimate interests of organizations and individuals in livestock breed-related activities.

6. Conservation and rational exploitation of livestock gene sources; assurance of biological diversity; combination of immediate interests and long-term interests, guaranty of the entire society's common interests.

Article 5.- The State policies on livestock breeds

1. To ensure the development of livestock breeds along the direction of industrialization and modernization on the basis of livestock breed development strategy, planning and plans.

2. To prioritize investment in activities of collecting and conserving precious and rare livestock breeds; to research into, select, create, assay and test new livestock breeds and keep purebred livestock breeds, prototypal, grandparental and nucleus breed stocks with high productivity and quality.

3. To encourage and support organizations and individuals tasked to multiply or raise purebred livestock breeds, prototypal, grandparental and nucleus breed stocks.

4. To encourage organizations and individuals to invest in, conduct scientific researches into, and apply scientific and technological advances to livestock breeds; to construct infrastructure and develop human resources for livestock breed activities.

5. To encourage organizations and individuals to produce and use new livestock breeds; or participate in insurance for livestock breeds.

6. To support the restoration of livestock breeds in cases where natural disasters or enemy sabotages cause serious consequences.

Article 6.- Genetically modified livestock breeds and cloned livestock breeds

The research into, selection, creation, experimentation, production, trading, use, international exchange of genetically modified livestock breeds and cloned livestock breeds and other activities related thereto shall comply with the Government's regulations.

Article 7.- Responsibility for State management over livestock breeds

1. The Government shall exercise the uniform State management over livestock breeds.

2. The Ministry of Agriculture and Rural Development shall be responsible for performing the State management over agricultural livestock breeds nationwide.

The Ministry of Fisheries shall be responsible for performing the State management over aquatic livestock breeds nationwide.

3. The ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, have to coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Fisheries in performing the State management over livestock breeds.

4. The People's Committees of all levels shall be responsible for organizing the State management over livestock breeds in their respective localities.

Article 8.- Commendation

1. Organizations and individuals that record achievements in livestock breed-related activities or make merits in detecting and preventing acts of violating law provisions on livestock breeds shall be commended and/or rewarded according to the law provisions on emulation and commendation.

2. The State honors organizations and individuals that record outstanding achievements in selecting and creating new livestock breeds.

Article 9.- Prohibited acts

1. Producing and trading in fake livestock breeds, livestock breeds not up to the quality standards, and/or breeds not on the list of livestock breeds permitted for production and trading.

2. Sabotaging and misappropriating livestock gene sources, illegally exporting precious and rare livestock gene sources.

3. Experimenting new disease germs, veterinary drugs, growth stimulants and livestock feeds in the livestock breed production areas.

4. Obstructing lawful activities of researching into, selecting, creating, assaying, testing, producing and trading in livestock breeds.

5. Producing and trading in livestock breeds harmful to human health, livestock gene sources, environment and ecological system.

6. Announcing quality standards, making advertisements and/or supplying information which are untrue to livestock breeds.

7. Other acts prescribed by law.

Chapter II

MANAGEMENT AND CONSERVATION OF LIVESTOCK GENE SOURCES

Article 10.- Management of livestock gene sources

1. Livestock gene sources constitute a national property uniformly managed by the State.

2. When arise demands for exploitation and use of livestock gene sources in the State's conservation zones, the permission of the Ministry of Agriculture and Rural Development or the Ministry of Fisheries is required.

3. Organizations and individuals shall have to participate in the management of livestock gene sources in their localities.

Article 11.- Contents of conservation of livestock gene sources

1. Investigating, surveying and collecting livestock gene sources suitable to characteristics and properties of each livestock species.

2. Conserving for a long term and in a safe manner the gene sources already determined being compatible with specific biological characteristics of each livestock strain.

3. Assessing gene sources according to the biological criteria and use value.

4. Establishing the database and system of information and documents on livestock gene sources.

Article 12.- Collection and conservation of precious and rare livestock gene sources

1. The State shall invest in and render support for the collection and conservation of precious and rare livestock gene sources; build establishments for keeping precious and rare livestock gene sources; and preserve precious and rare livestock gene sources in localities.

2. Organizations and individuals shall have to conserve precious and rare livestock gene sources according to the provisions of this Ordinance and other relevant law provisions.

3. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall periodically publicize the list of precious and rare livestock gene sources which need to be conserved.

Article 13.- Exchange of precious and rare livestock gene sources

1. Organizations and individuals are allowed to exchange precious and rare livestock gene sources in service of research into, selection and creation of new livestock breeds, and produce and trade in them according to the regulations of the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.

2. The international exchange of precious and rare livestock gene sources must be permitted by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.

Chapter III

RESEARCH INTO, SELECTION, CREATION, ASSAY AND RECOGNITION OF NEW LIVESTOCK BREEDS

Article 14.- Research into, selection and creation of, new livestock breeds

1. Vietnamese and foreign organizations and individuals are allowed to research into, select and create new livestock breeds in the Vietnamese territory.

The research into, selection and creation of, new livestock breeds must comply with the provisions of this Ordinance, the legislation on science and technology and other relevant law provisions.

2. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall determine scientific and technological tasks regarding livestock breeds suitable to requirements of each period, in order to raise productivity, quality and competitiveness of products of the husbandry and fishery branches.

Article 15.- Assay of new livestock breeds

1. New livestock breeds shall be recognized and put on the lists of livestock breeds permitted for production and business promulgated by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries only after they are assayed with results as required.

2. Assay contents include:

a/ Determination of distinctness, stability and uniformity in productivity, quality and disease resistance of new livestock breeds;

b/ Assessment of harms of breeds.

3. Organizations and individuals that have new livestock breeds shall have to compile and send dossiers of application for assay to the Ministry of Agriculture and Rural Development or the Ministry of Fisheries. Each assay application dossier comprises:

a/ An application for assay;

b/ Files on livestock breed, clearly inscribed with the breed name, breed quality and grade, origin, quantity, econo-technical criteria and technical process for tending and rearing breeds;

c/ The projected assay establishment.

4. The Ministry of Agriculture and Rural Development or the Ministry of Fisheries have responsibility:

a/ To receive and examine dossiers;

b/ To reply in writing about the acceptance of assay within 15 days after receiving the valid dossiers. In case of refusal, the reasons therefor must be clearly stated.

5. Organizations and individuals having new livestock breeds shall choose by themselves the assay establishments accredited under the provisions of Clause 1, Article 16 of this Ordinance to sign assay contracts and shall bear assay expenses.

Article 16.- Establishments for assaying new livestock breeds

1. Establishments for assaying new livestock breeds shall be accredited by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries if they satisfy the conditions prescribed in Clause 2 of this Article.

2. Establishments for assaying new livestock breeds must fully meet the following conditions:

a/ Having already registered activities of assaying livestock breeds with competent State agencies;

b/ Having locations suitable to the planning and ensuring veterinary and environmental sanitation according to the law provisions on veterinary medicine, fisheries and environmental protection;

c/ Having material foundations and technical equipment and facilities compatible with the assay of each livestock breed and each quality grade of breeds.

d/ Having or hiring technicians specialized in husbandry and veterinary medicine or aquaculture.

3. Establishments for assaying new livestock breeds have the responsibility:

a/ To organize the assay of new livestock breeds according to the assay process applicable to each livestock species and each quality grade of breeds, promulgated by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries;

b/ To bear legal liability for results of assays already conducted.

Article 17.- Naming of new livestock breeds

1. Each livestock breed shall be given only one appropriate name.

2. The following cases of naming new livestock breeds shall not be accepted:

a/ Being identical or similar to existing breed names;

b/ Consisting of only numerals;

c/ Violating social ethics;

d/ Being easily confused with properties and characteristics of such livestock breeds.

Article 18.- Recognition of new livestock breeds

1. New livestock breeds shall be recognized only when they satisfy the following requirements:

a/ Having assay results obtained from establishments for assaying new livestock breeds;

b/ Having their assay results assessed by a specialized scientific council, which is set up by the Minister of Agriculture and Rural Development or the Minister of Fisheries and proposes the recognition of the new livestock breeds.

2. The Minister of Agriculture and Rural Development or the Minister of Fisheries shall consider and decide on the recognition of new livestock breeds and incorporate them in the list of livestock breeds permitted for production and trading.

Chapter IV

LIVESTOCK BREED PRODUCTION AND TRADING

Article 19.- Conditions for producing and trading in livestock breeds

1. Organizations and individuals that producing and/or trading in livestock breeds must fully satisfy the following conditions:

a/ Having certificates of registration of business in livestock breeds;

b/ Having locations for producing and/or trading livestock breeds suitable with the planning of the agriculture or fisheries sectors, and ensuring the standards of veterinary sanitation and environmental protection according to the law provisions on veterinary medicine, fisheries and environmental protection;

c/ Having material foundation and technical equipment and facilities compatible with the production and trading of each livestock species and each quality grade of breeds;

d/ Having or hiring technicians trained in husbandry and veterinary or aquaculture techniques if they produce or trade in parental breed stocks or commercial breeds;

e/ Having or hiring technicians possessing university degrees in husbandry or veterinary medicine or aquaculture if they produce or trade in purebred livestock breeds, prototypal breed stocks, grandparental breed stocks, nucleus breed stocks;

f/ Having dossiers for monitoring breeds;

g/ Carrying out the technical process for producing livestock breeds, promulgated by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.

2. Households and individuals that produce and trade in livestock breeds in traditional forms and are not subject to business registration shall not have to comply with the provisions in Clause 1 of this Article, but must ensure the veterinary sanitation and environmental protection standards according to the law provisions on veterinary medicine, fisheries and environmental protection.

Article 20.- Production of, and trading in, sperms, embryos, breeding eggs and larva

1. Organizations and individuals that produce and/or trade in breeding sperms for artificial fertilization and embryos must satisfy the following requirements:

a/ The conditions prescribed at Points a, b, c, e and f, Clause 1, Article 19 of this Ordinance;

b/ Having or hiring technicians already granted diplomas or certificates of training in artificial fertilization and embryo-implanting techniques;

c/ Breeding males and females which give embryos must originate from breeding establish-ments, which have gone through individual productivity inspection, quarantine, have clear backgrounds and been registered with competent State agencies;

d/ Not exploiting or using sperms of breeding males and eggs of breeding females in epidemic-stricken areas;

e/ Embryos shall only be exploited from purebred livestock breeds, prototypal breed stocks, grandparental breed stocks, nucleus breed stocks;

f/ Complying with the regulations on management, exploitation and use of sperms and embryos and environment for preservation and preparation of sperms and embryos, promulgated by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.

2. Households and individuals trading in breeding male buffaloes, bulls, boars, goats, sheep and horses for direct breeding, or breeding male and female aquatic animals must satisfy the following requirements:

a/ Breeding male buffaloes, bulls, boars, goats, sheep and horses must be registered by such households and individuals with the commune-level People's Committees;

b/ Breeding male buffaloes, bulls, boars, goats, sheep and horses, or breeding male and female aquatic animals must have clear origin and have been given veterinary quarantine;

c/ Complying with the regulation on management, exploitation and use of breeding male buffaloes, bulls, boars, goats, sheep and horses; or breeding male and female aquatic animals, promulgated by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.

3. Organizations and individuals producing and/or trading in breeding eggs and larva must satisfy the following requirements:

a/ The conditions prescribed at Points a, b, c and e, Clause 1, Article 19 of this Ordinance;

b/ Breeding eggs and larva shall only be exploited from purebred livestock breeds, prototypal breed stocks, grandparental breed stocks, parental breed stocks;

c/ Having or hiring technicians already granted diplomas or certificates of training in incubation techniques or breeding technologies;

d/ Comply with the regulation on management, exploitation and use of breeding eggs and larva promulgated by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.

Article 21.- Livestock breed labels

1. Livestock breeds contained in packages, when being traded, must be labeled with the following contents:

a/ Names of livestock breeds;

b/ Names and addresses of production and/or trading establishments;

c/ Quantification of livestock breeds;

d/ Major quality standards;

e/ Date of production, use expiry date;

f/ Preservation and use instructions.

2. Livestock breeds not contained in packages must be accompanied with breeding dossiers, clearly stating their names, origins, econo-technical criteria, technical process for tending and rearing them.

Article 22.- Export of livestock breeds

1. Organizations and individuals may export livestock breeds not on the list of livestock breeds banned from export promulgated by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.

2. Organizations and individuals that exchange with foreign countries precious and rare livestock breeds on the list of livestock breeds banned from export for scientific research or other special purposes must be permitted by the Minister of Agriculture and Rural Development or the Minister of Fisheries.

Article 23.- Import of livestock breeds

1. Organizations and individuals shall only be permitted to import livestock breeds on the list of livestock breeds permitted for production and trading.

The import of sperms and embryos must be permitted by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.

2. Organizations and individuals that import livestock breeds not yet on the list of livestock breeds permitted for production and trading for the purposes of research, assay, inspection or in other special cases must obtain permission of the Minister of Agriculture and Rural Development or the Minister of Fisheries.

Chapter V

MANAGEMENT OF QUALITY OF LIVESTOCK BREEDS

Article 24.- Principles for management of quality of livestock breeds

Organizations and individuals producing and/or trading in livestock breeds must be responsible for the quality of livestock breeds they produce and/or trade in through the announcement of quality standards and quality of livestock breeds in conformity with such standards.

Article 25.- Livestock breed quality standards

1. The system of livestock breed quality standards consists of:

a/ The Vietnamese standards;

b/ The branch standards;

c/ The establishments' standards;

d/ International standards, regional standards, foreign standards permitted for application in Vietnam.

2. Competence to promulgate the list of livestock breeds subject to the application of standards is prescribed as follows:

a/ The Ministry of Science and Technology shall promulgate the list of livestock breeds subject to the application of the Vietnamese standards;

b/ The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall promulgate the lists of livestock breeds subject to the application of their respective branch standards.

Article 26.- Announcement of livestock breed quality standards

1. Organizations and individuals producing and/or trading in livestock breeds on the list mentioned at Points a and b, Clause 2, Article 25 of this Ordinance shall have to announce quality standards of livestock breeds they produce and/or trade in; the announced standards must not be lower than the standards prescribed at Points a and b, Clause 1, Article 25 of this Ordinance.

2. The State encourages organizations and individuals to voluntarily announce quality standards of livestock breeds not on the lists mentioned at Points a and b, Clause 2, Article 25 of this Ordinance.

3. The order and procedures for announcing livestock breed quality standards shall comply with the law provisions on goods quality.

Article 27.- Announcement of livestock breed quality in conformity with standards

1. Organizations and individuals producing and/or trading in livestock breeds, when announcing the standard conformity quality, must base themselves on one of the following grounds:

a/ The results of quality certification by inspection establishments for livestock breeds on the list of livestock breeds subject to certification of standard conformity quality prescribed in Clauses 2 and 3 of this Article.

b/ The results of self-assessment by organiza-tions and individuals or the results of assessment by inspection establishments regarding livestock breeds not on the list of livestock breeds subject to certification of standard conformity quality prescribed in Clauses 2 and 3 of this Article.

2. The Ministry of Science and Technology shall promulgate the list of livestock breeds subject to certification of quality conformity with the Vietnamese standards.

3. The Ministry of Agriculture and Rural Develop-ment and the Ministry of Fisheries shall promulgate the lists of livestock breeds subject to certification of quality conformity with the branch standards.

4. The order and procedures for announcing the livestock breed quality in conformity with the standards shall comply with the law provisions on goods quality.

Article 28.- Testing of livestock breeds

1. The testing of livestock breeds shall be conducted by testing establishments accredited by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.

2. Livestock breed-testing establishments must fully meet the following conditions:

a/ Having certificates of registration of activities of testing livestock breeds, granted by competent State agencies;

b/ Having appropriate locations, ensuring veterinary sanitation and environmental protection according to the provisions of the legislation on veterinary medicine, the legislation on fisheries and the legislation on environmental protection;

c/ Having material foundations and technical equipment and facilities suitable for the testing of each livestock species and each quality grade of breeds;

d/ Having or hiring technicians specialized in husbandry and veterinary medicine or aquaculture.

3. Livestock breed-testing establishments have the responsibility:

a/ To organize the testing of livestock breeds according to the testing process applicable to each livestock species and each quality grade of breeds, promulgated by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries;

b/ To be responsible for results of already conducted testing.

4. Testing expenses shall be paid by testing-requesting organizations and individuals. In cases where the testing establishments affirm that livestock breeds are inconsistent with the assay results or their quality does not conform with the announced breed quality, the assay establishments or organizations and individuals producing and/or trading in livestock breeds must compensate for expenses for testing-requesting organizations and individuals.

Article 29.- Quarantine of livestock breeds

Organizations and individuals that select, create, produce, trade in and/or use livestock breeds must conduct the quarantine according to the law provisions on veterinary medicine.

Chapter VI

INSPECTION AND SETTLEMENT OF DISPUTES

Article 30.- Livestock breed inspectorate

The livestock breed inspectorate is a specialized inspectorate.

The organization and operation of the livestock breed specialized inspectorate shall comply with the law provisions on inspection.

Article 31.- Settlement of disputes over copyright of livestock breeds

Disputes over copyright of livestock breeds shall be settled by People's Courts according to law provisions.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 32.- Implementation effect

This Ordinance takes implementation effect as from July 1, 2004.

Article 33.- Implementation guidance

The Government details and guides the implementation of this Ordinance.