Ordinance No. 16/2004/PL-UBTVQH11 on Breeding Stock

  ORDINANCE

Livestock Breeds

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, as amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the Tenth National Assembly, tenth session;
Based on Resolution No. 21/2003/QH11 dated November 26, 2003 of the National Assembly, Session 4, regarding the legislative program for 2004;
This Ordinance stipulates on livestock breeds.

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates on the management and conservation of livestock genetic resources; research, selection, creation, testing, certification, and recognition of new livestock breeds; production and business of livestock breeds; quality management of livestock breeds.

Article 2. Applicability

This Ordinance applies to organizations and individuals in Vietnam, foreign organizations and individuals conducting activities in the field of livestock breeds within the territory of Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those set forth in this Ordinance, such treaties shall be applied.

Article 3. Explanation of Terms

In this Ordinance, the following terms shall be understood as follows:

1. Livestock breed is a population of animals of the same species and origin, with similar appearance and genetic structure, formed, consolidated, and developed under human influence; a livestock breed must have a certain number to reproduce and transmit breed characteristics to subsequent generations.

Livestock breeds include cattle, poultry, bees, silkworms, aquatic animals, and their breeding products such as semen, embryos, eggs, larvae, and genetic material.

2. Purebred livestock breed is a genetically stable and productive breed; identical in genotype, appearance, and disease resistance.

3. Grandparent stock is purebred livestock stock or selected and created livestock stock that is raised for producing parent stock.

4. Parent stock is livestock stock derived from grandparent stock for producing commercial stock.

5. Parent stock is livestock stock derived from parent stock for producing commercial stock.

6. Core breeding stock used in large animal breeding is the best stock with clear origin and breeding history, raised and selected according to a specific process to achieve high genetic progress for breeding purposes.

7. Breeding stock used in large animal breeding is stock produced from core breeding stock for producing commercial stock or selected to supplement core breeding stock.

8. Commercial stock is stock produced from parent stock or from breeding stock.

9. Fake breed is a breed that does not match the breed name indicated on the label.

10. Selection is the use of technical measures to select and retain individuals with beneficial traits that meet human requirements for breeding.

11. Breed creation is the selection and mating or using other genetic techniques to create a new breed.

12. Breed improvement is the modification of one or more characteristics of existing breeds through mating to achieve better corresponding traits.

13. Individual productivity testing is the evaluation of the productivity and quality of breeding individuals before they are put into use.

14. Zygote is a cell formed by the fertilization of sperm and egg.

15. Embryo is a zygote at various stages of development.

16. Livestock genetic resource is living animals and their breeding products carrying genetic information capable of creating or participating in creating new livestock breeds.

17. Livestock genetic resource conservation is the protection and maintenance of livestock genetic resources.

18. Livestock breed testing is the care, raising, and monitoring of newly imported or newly created livestock breeds under specific conditions and time periods to determine differences, stability, uniformity in productivity, quality, disease resistance, and assess the impact of the breed.

19. Livestock breed certification is the re-evaluation of productivity, quality, and disease resistance of livestock breeds after they are put into production or serve as a basis for announcing the quality of livestock breeds meeting standards.

20. Livestock breed with modified genes is a breed carrying a new combination of genetic material (DNA) obtained through modern biotechnology.

21. Cloned livestock breed is a breed created using cloning technology from a somatic cell.

22. New livestock breed is a newly created or newly imported breed but not yet included in the list of permitted livestock breeds for production and business.

Article 4. Principles of Livestock Breeding Operations

1. Developing strategies, planning, and plans for livestock breeding must be consistent with overall economic and social development plans at both national and local levels.

2. Strictly manage the production and business operations of livestock breeds by all economic sectors.

3. Ensure that livestock breeds have high quality to meet the needs of production development, food safety, and environmental protection, as well as ecological systems.

4. Apply scientific and technological advancements in research, selection, creation, production of livestock breeds; combine modern technology with traditional experience.

5. Promote autonomy, ensure equality and legitimate interests of organizations and individuals in livestock breeding activities.

6. Conserve and rationally utilize livestock genetic resources; ensure biodiversity; balance short-term benefits with long-term benefits, ensuring common interests of society.

Article 5. State Policy on Livestock Breeds

1. Ensure the development of livestock breeds towards industrialization and modernization based on strategies, planning, and plans for livestock breed development.

2. Prioritize investment in activities related to collecting, conserving rare livestock genetic resources; researching, selecting, creating, testing, certifying new livestock breeds and maintaining purebred livestock, core breeding herds, grandparent herds, nucleus herds with high productivity and quality.

3. Encourage and support organizations and individuals assigned tasks in breeding and maintaining purebred livestock, core breeding herds, grandparent herds, nucleus herds.

4. Encourage organizations and individuals to invest, conduct scientific research, apply scientific and technological advancements in livestock breeding; build infrastructure, develop resources in livestock breeding activities.

5. Encourage organizations and individuals to produce and use new livestock breeds; participate in livestock breed insurance.

6. Support the recovery of livestock breeds in cases of severe consequences from natural disasters or epidemics.

Article 6. Genetically Modified Livestock Breeds and Cloned Livestock Breeds

Research, selection, creation, testing, production, business, use, international exchange, and other activities related to genetically modified livestock breeds and cloned livestock breeds shall be carried out in accordance with regulations set by the Government.

Article 7. State Management Responsibilities for Livestock Breeds

1. The Government is responsible for unified state management of livestock breeds.

2. The Ministry of Agriculture and Rural Development is responsible for implementing state management of agricultural livestock breeds nationwide.

The Ministry of Fisheries is responsible for implementing state management of aquatic livestock breeds nationwide.

3. Ministries and agencies equivalent to ministries within their respective duties and authorities shall cooperate with the Ministry of Agriculture and Rural Development and the Ministry of Fisheries to implement state management of livestock breeds.

4. People's Committees at all levels are responsible for organizing state management of livestock breeds locally.

Article 8. Awards

1. Organizations and individuals who achieve outstanding results in livestock breeding activities or contribute to detecting and preventing violations of laws on livestock breeds shall be awarded according to legal provisions on commendation and awards.

2. The State honors organizations and individuals with outstanding achievements in developing new livestock breeds.

Article 9. Prohibited Acts

1. Producing and trading counterfeit seeds, livestock breeds that do not meet quality standards, or breeds not included in the list of permitted livestock breeds for production and trade.

2. Destroying, appropriating, or illegally exporting rare livestock genetic resources.

3. Testing pathogens, veterinary drugs, growth stimulants, and new livestock feed in breeding livestock areas.

4. Obstructing lawful activities related to research, selection, creation, testing, certification, production, and trade of livestock breeds.

5. Producing and trading livestock breeds harmful to human health, livestock genetic resources, the environment, and ecosystems.

6. Announcing false quality standards, advertising, or disseminating incorrect information about livestock breeds.

7. Other acts prohibited by law.

Chapter 2:

MANAGEMENT AND CONSERVATION OF LIVESTOCK GENETIC RESOURCES

Article 10. Management of Livestock Genetic Resources

1. Livestock genetic resources are national assets managed uniformly by the State.

2. Livestock genetic resources in state conservation zones must obtain permission from the Ministry of Agriculture and Rural Development and the Ministry of Fisheries when exploiting or using them.

3. Organizations and individuals have the responsibility to participate in managing livestock genetic resources at the local level.

Article 11. Content of Conservation of Livestock Genetic Resources

1. Investigating, surveying, and collecting livestock genetic resources suitable for the characteristics and features of each breed.

2. Long-term and safe conservation of identified genetic resources in accordance with the specific biological characteristics of each breed.

3. Evaluating genetic resources based on biological indicators and their utility value.

4. Establishing databases and information systems for livestock genetic resources.

Article 12. Collection and Conservation of Rare Livestock Genetic Resources

1. The State invests and supports the collection and conservation of rare livestock genetic resources; builds storage facilities for rare livestock genetic resources; conserves rare livestock genetic resources at the local level.

2. Organizations and individuals are responsible for implementing the conservation of rare livestock genetic resources according to this Ordinance and other relevant laws.

3. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries periodically publish the list of rare livestock genetic resources requiring conservation.

Article 13. Exchange of Rare Livestock Genetic Resources

1. Organizations and individuals may exchange rare livestock genetic resources for research, selection, creation of new livestock breeds, and production and trade in accordance with regulations set by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

2. International exchanges of rare livestock genetic resources must be approved by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

Chapter 3:

RESEARCH, SELECTION, CREATION, TESTING, AND RECOGNITION OF NEW LIVESTOCK BREEDS

Article 14. Research, Selection, and Creation of New Livestock Breeds

1. Vietnamese organizations and individuals, foreign organizations and individuals can conduct research, selection, and creation of new livestock breeds within Vietnam.

Research, selection, and creation of new livestock breeds must comply with this Ordinance, laws on science and technology, and other relevant laws.

2. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries determine scientific and technological tasks related to livestock breeds suitable for each stage to enhance productivity, quality, and competitiveness of livestock and aquaculture products.

Article 15. Testing of new livestock breeds

1. New livestock breeds shall only be recognized and included in the List of permitted livestock breeds for production and trade issued by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries after passing testing and meeting the required results.

2. The contents of the testing include:

a) Determining the distinctiveness, stability, uniformity in terms of productivity, quality, and disease resistance of the new livestock breed;

b) Evaluating the harm caused by the breed.

3. Organizations and individuals with new livestock breeds must prepare an application for testing to be submitted to the Ministry of Agriculture and Rural Development and the Ministry of Fisheries. The application for testing includes:

a) Application for registration of trial;

b) Livestock breed dossier, which clearly records the breed name, breed grade, origin, quantity, economic and technical indicators, and breeding and care procedures;

c) Proposed testing facility.

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

a) Receive and review applications;

b) Provide a written response regarding acceptance of testing within fifteen days from the date of receipt of a valid application; if rejected, the reasons must be clearly stated.

5. Organizations and individuals with new livestock breeds shall select a recognized testing facility according to Clause 1 of Article 16 of this Ordinance to sign a testing contract and bear the cost of testing.

Article 16. Testing Facilities for New Livestock Breeds

1. Testing facilities for new livestock breeds shall be recognized by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries based on meeting the conditions stipulated in Clause 2 of this Article.

2. Testing facilities for new livestock breeds must meet the following conditions:

a) Having registered for testing activities with competent state authorities;

b) Having a location suitable for planning and ensuring veterinary hygiene and environmental standards as prescribed by laws on veterinary medicine, fisheries, and environmental protection;

c) Having appropriate infrastructure and technical equipment for testing each type of livestock and each breed grade;

d) Having or hiring specialized technical staff in livestock veterinary or aquaculture.

3. Testing facilities for new livestock breeds shall have the responsibility to:

a) Organize the implementation of testing of new livestock breeds according to the testing procedures for each type of livestock and each breed grade issued by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries;

b) Bear legal responsibility for the results of the testing conducted.

Article 17. Naming of New Livestock Breeds

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

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

a) Names that are identical or similar to existing breed names;

b) Names consisting solely of numbers;

c) Names violating social ethics;

d) Names that may cause confusion about the characteristics of the livestock breed.

Article 18. Recognition of New Livestock Breeds

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

a) Having test results from the testing facility for new livestock breeds;

b) Being evaluated by the specialized scientific council established by the Minister of Agriculture and Rural Development and the Minister of Fisheries, who propose recognition of the new livestock breed.

2. The Minister of Agriculture and Rural Development and the Minister of Fisheries shall consider and decide on the recognition of new livestock breeds and their inclusion in the List of permitted livestock breeds for production and trade.

Chapter 4:

PRODUCTION AND TRADE OF LIVESTOCK BREEDS

Article 19. Conditions for producing and trading livestock breeding stock

1. Organizations and individuals producing and trading livestock breeding stock must meet the following conditions:

a) Possess a business registration certificate in the field of livestock breeding stock;

b) Have production and trading locations suitable to the planning of the Agriculture sector, Fisheries sector, and must ensure veterinary hygiene standards and environmental protection standards as prescribed by laws on veterinary medicine, laws on fisheries, and laws on environmental protection;

c) Have material infrastructure and technical equipment appropriate to the production and trading of each type of livestock and each grade of breeding stock;

d) Have or hire technical staff trained in livestock veterinary husbandry techniques and aquaculture if producing and trading parent breeding stock, commercial breeding stock;

đ) Have or hire technical staff with a bachelor's degree in livestock veterinary husbandry and aquaculture if producing and trading purebred livestock breeding stock, closely related breeding stock, grandparent breeding stock, and nucleus breeding stock;

e) Maintain breeding stock tracking records;

g) Implement the technical procedures for producing livestock breeding stock issued by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

2. Households and individuals producing and trading livestock breeding stock through traditional husbandry methods without the need to register their business operations shall not be required to comply with the provisions of Clause 1 of this Article but must ensure veterinary hygiene standards and environmental protection standards as prescribed by laws on veterinary medicine, laws on fisheries, and laws on environmental protection.

Article 20. Production and Trading of Semen, Embryos, Egg Breeding Stock, and Aquatic Larvae

1. Organizations and individuals producing and trading semen for artificial insemination and embryos must meet the following requirements:

a) The conditions stipulated in Points a, b, c, đ, and e of Clause 1 of Article 19 of this Ordinance;

b) Have or hire technical staff who have been awarded a diploma or certificate in artificial insemination and embryo transfer techniques;

c) Male and female breeding stock for embryos must originate from breeding facilities that have been individually productivity tested, quarantined, have clear pedigrees, and registered with competent state management agencies;

d) Shall not exploit or use semen from male breeding stock and eggs from female breeding stock in areas where disease outbreaks are occurring;

đ) Embryos can only be extracted from purebred livestock breeding stock, closely related breeding stock, grandparent breeding stock, and nucleus breeding stock;

e) Implement the regulations on the management of exploitation, use of semen and embryos, and the preservation and preparation environment for semen and embryos issued by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

2. Households and individuals trading male breeding stock for cattle, pigs, goats, sheep, horses for direct mating and male and female breeding stock for aquatic species must meet the following requirements:

a) Male breeding stock for cattle, pigs, goats, sheep, and horses must be registered by households and individuals with the People's Committee of the commune;

b) Male breeding stock for cattle, pigs, goats, sheep, and horses and male and female breeding stock for aquatic species must have clear origins and have undergone veterinary quarantine;

c) Implement the regulations on the management of exploitation and use of male breeding stock for cattle, pigs, goats, sheep, and horses; male and female breeding stock for aquatic species issued by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

3. Organizations and individuals producing and trading egg breeding stock and aquatic larvae must meet the following requirements:

a) The conditions stipulated in Points a, b, c, and đ of Clause 1 of Article 19 of this Ordinance;

b) Egg breeding stock and aquatic larvae can only be extracted from purebred livestock breeding stock, closely related breeding stock, grandparent breeding stock, and parent breeding stock;

c) Have or hire technical staff who have been awarded a diploma or certificate in incubation techniques and breeding technology;

d) Implement the regulations on the management of exploitation and use of egg breeding stock and aquatic larvae issued by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

Article 21. Labels for Livestock Breeds

1. Livestock breeds contained in packaging during business transactions must be labeled with the following information:

a) Name of the livestock breed;

b) Name and address of the production and business entity;

c) Quantity of the livestock breed;

d) Main quality standards;

đ) Date of production and expiration date;

e) Instructions for storage and use.

2. Livestock breeds without packaging must have accompanying breeding records, clearly stating the name of the breed, origin, economic and technical indicators, and care and feeding procedures.

Article 22. Export of Livestock Breeds

1. Organizations and individuals may export livestock breeds not listed in the Catalogue of Prohibited Livestock Breed Exports issued by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

2. Organizations and individuals exchanging rare and precious livestock breeds listed in the Catalogue of Prohibited Livestock Breed Exports with foreign countries for scientific research purposes or other special purposes must obtain permission from the Minister of Agriculture and Rural Development and the Minister of Fisheries.

Article 23. Import of Livestock Breeds

1. Organizations and individuals can only import livestock breeds listed in the Catalogue of Permitted Livestock Breed Production and Business.

The importation of semen and embryos must be approved by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

2. Organizations and individuals importing livestock breeds not listed in the Catalogue of Permitted Livestock Breed Production and Business for research, trial, testing, or other special cases must obtain permission from the Minister of Agriculture and Rural Development and the Minister of Fisheries.

Chapter 5:

MANAGEMENT OF QUALITY OF LIVESTOCK BREEDS

Article 24. Principles of Quality Management for Livestock Breeds

Organizations and individuals producing and trading in livestock breeds must be responsible for the quality of the breeds they produce and trade through the publication of quality standards and declaration of breed quality that meets those standards.

Article 25. Quality Standards for Livestock Breeds

1. The system of quality standards for livestock breeds includes:

a) Vietnamese Standards;

b) Industry Standards;

c) Enterprise Standards;

d) International standards, regional standards, and foreign standards applied in Vietnam.

2. The authority to issue catalogues of livestock breeds requiring the application of standards is as follows:

a) The Ministry of Science and Technology issues the catalogue of livestock breeds that must apply Vietnamese standards;

b) The Ministry of Agriculture and Rural Development and the Ministry of Fisheries issue the catalogue of livestock breeds that must apply industry standards.

Article 26. Publication of Quality Standards for Livestock Breeds

1. Organizations and individuals producing and trading in livestock breeds listed in points a and b, clause 2, Article 25 of this Ordinance must publish the quality standards of the breeds they produce and trade; the published standards must not be lower than those specified in points a and b, clause 1, Article 25 of this Ordinance.

2. The State encourages organizations and individuals to voluntarily publish quality standards for livestock breeds not listed in points a and b, clause 2, Article 25 of this Ordinance.

3. The procedures and formalities for publishing quality standards for livestock breeds shall be carried out in accordance with the laws on product quality.

Article 27. Announcement of Quality of Livestock Breeds Meeting Standards

1. Organizations and individuals producing and trading livestock breeds when announcing quality meeting standards must base on one of the following grounds:

a) The result of quality certification from the testing institution for livestock breeds listed in the list of livestock breeds required to be certified as meeting standards as stipulated in Clause 2 and Clause 3 of this Article;

b) The self-assessment results of organizations and individuals or the assessment results from the testing institution for livestock breeds not listed in the list of livestock breeds required to be certified as meeting standards as stipulated in Clause 2 and Clause 3 of this Article.

2. The Ministry of Science and Technology shall promulgate the List of Livestock Breeds Required to Be Certified as Meeting National Standards.

3. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall promulgate the List of Livestock Breeds Required to Be Certified as Meeting Industry Standards.

4. The procedures and formalities for announcing the quality of livestock breeds meeting standards shall be carried out in accordance with the provisions of the law on product quality.

Article 28. Testing of Livestock Breeds

1. The testing of livestock breeds shall be conducted by the testing institution recognized by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

2. The testing institution for livestock breeds must have the following conditions:

a) A certificate of registration for testing activities issued by the competent state agency;

b) Suitable location ensuring veterinary hygiene and environmental protection in accordance with the laws on veterinary medicine, fisheries, and environmental protection;

c) Appropriate facilities and technical equipment suitable for testing each type of livestock breed and each grade of breed.

d) Having or hiring specialized technical staff in livestock veterinary or aquaculture.

3. The testing institution for livestock breeds has the responsibility to:

a) Organize the implementation of testing of livestock breeds according to the testing procedures for each type of livestock breed and each grade of breed issued by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries;

b) Bear responsibility for the testing results already implemented.

4. The testing costs shall be borne by the organization or individual requesting the test. In case the testing institution confirms that the livestock breed does not match the trial results or the quality does not meet the announced breed quality standards, the trial institution or the organization or individual producing and trading livestock breeds must compensate the testing costs for the organization or individual requesting the test.

Article 29. Quarantine of Livestock Breeds

Organizations and individuals selecting, creating, producing, trading, and using livestock breeds must carry out quarantine in accordance with the provisions of the law on veterinary medicine.

Chapter 6:

INSPECTION AND SETTLEMENT OF DISPUTES

Article 30. Inspection of Livestock Breeds

Inspection of livestock breeds is specialized inspection.

The organization and operation of specialized livestock breed inspection shall be carried out in accordance with the law on inspection.

Article 31. Settlement of Disputes over Copyright of Livestock Breeds

Disputes over copyright of livestock breeds shall be resolved by the People's Court in accordance with the law.

Chapter 7:

IMPLEMENTING PROVISIONS

Article 32. Effectiveness

This Ordinance takes effect from July 1, 2004.

Article 33. Guidance on Implementation

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance.