THE
GOVERNMENT
------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
--------
|
No.
14-CP
|
Ha
Noi ,March 19, 1996
|
DECREE
ON THE MANAGEMENT OF DOMESTIC ANIMALS
THE GOVERNMENT
Pursuant to the Law on Organization of the Government
of September 30, 1992;
In order to increase the effect of State management over domestic animals
aimed at raising their productivity and quality and quickly multiplying good
breeds in service of production;
At the proposal of the Minister of Agriculture and Rural Development and the
Minister of Aquaculture,
DECREES:
Article 1.- In
this Decree the following terminologies are construed as follows:
1. Domestic animals are a colony of domesticated
animals of the same species and origin having the same appearance and genetic
structures formed, consolidated and developed under the influence of man; the
domesticated animals must attain a given number if they are to multiply and
pass on their characteristics to the next generation.
2. The domestic animals mentioned in this Decree
comprise breeds of domestic animals, domestic poultry, aquatic animals, bees,
silkworms and their genetic products such as eggs, sperms and fetuses.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. The grand-parents breed of the domestic
animals are the direct offsprings of the original breed and selected according
to a pre-determined method.
5. The parents breed is the offsprings of the
grandparent breed used for the production of commodity breed.
6. Breed selection is the use of different
technical methods to monitor the individual animals and to retain for breeding
those individuals capable of preserving the precious genes of the breed aimed
at achieving high productivity and quality.
7. To check the individual, group or colony
productivity of aquatic animals is to make an evaluation and select the good
reserve animals, to raise them according to a prescribed regime and monitor
them according to a number of important criteria, evaluate their productivity
and quality, and classify them for use.
8. To check the productivity of the next
generation is to evaluate the productivity and quality through the immediate
offspring of the animal which needs checking.
9. A zygote is a bigamete cell formed by
spermatozoid and an egg.
10. A fetus is a zygote which has developed into
a saprophyte and embryo.
11. To preserve the gene is to preserve for a
long time the precious gene funds of domestic animals while ensuring their
reproductive function.
12. To keep a breed account is to open a book to
record and collect the individual and groups with high productivity and high
quality according to prescribed norms.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 3.- The
State encourages and protects the equality before law of all organizations and
individuals in the country and abroad in their activities in breed selection,
multiplication of good breeds, in the researches to create new breeds, in the
transformation, production and selling and buying of breeds on Vietnamese
territory.
Article 4.- The
State invests budget capital in:
1. Strengthening the material bases, ensuring
the activities of the agencies and units of the State in the task of preserving
the gene sources of domestic animals, the selection, creation and management of
the quality of the domestic animals.
2. Training specialists in the preservation of
the gene sources of domestic animals, in the selection, creation,
experimentation, production and trading of domestic animals.
Article 5.- The State
policy is to give priority to subsidizing the establishments producing original
breeds, grand-parents breeds and preservation of semen in service of the
insemination and germ grafting at the proposal of the Minister of Agriculture
and Rural Development or the Ministry of Aquaculture and the Presidents of the
People’s Committees of the provinces and cities directly under the Central
Government.
Article 6.- The
organizations and individuals engaged in the production and business activities
concerning domestic animals are entitled to credit loans at appropriate
interest rates. The loans shall correspond with the productive cycles of the
animals.
The research and production establishments on
domestic animals shall be exempt from import tax when importing original
breeds, grandparents breed or parents breeds.
Article 7.- The
State encourages all organizations and individuals to form joint ventures or
cooperate with foreign countries or foreigners in investing in the production
of breeds of domestic animals.
Article 8.- The
Ministry of Agriculture and Rural Development and the Ministry of Aquaculture
shall, within their functions and powers, issue the list of domestic animals which
need preservation in order to select, foster and produce breeds, and decide to
add or eliminate some domestic animals on the list when necessary.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. They must produce domestic animals in the
list prescribed by the Ministry of Agriculture and Rural Development for the
animals used in agriculture and prescribed by the Ministry of Aquaculture for
the animals used in aquaculture ;
2. They must have a given quantity of breeds in
order to ensure their multiplication into a herd;
3. They must fill the conditions in terms of
floor space, stables and sties and water area suitable for the technique of rearing
the breed and ensure the hygienic criteria for veterinary and environmental
safety;
4. The establishments to rear the original or
grandparents breeds must have a manager and specialists of at least university
level in livestock breeding or aquaculture and must have a permit from the
Ministry;
The establishments to rear parents breeds must
have a technician of at least intermediate level in livestock breeding or
aquaculture and must have a permit of the State managerial agency in
agriculture or aquaculture at the level of the province or city directly under
the Central Government.
Article 10.- The
original breed and the grandparents breed in the breed production
establishment, must be monitored in terms of individual or collective
productivity or in terms of colony productivity with regard to the aquatic
animals. There must be a book to record their heridity, growth, productivity,
reproductive cycle and veterinary record according to a uniform form issued by
the Ministry of Agriculture and Rural Development and the Ministry of
Aquaculture.
Article 11.- The
breed of animals used for the production of reserve breeds for breed
multiplication or breed eggs and fetuses must be monitored for their evaluation
through their individual or group productivity in aquaculture. The animals
which are bred to produce breeds must go through a check of productivity in the
following generation as prescribed by the Ministry of Agriculture and Rural
Development and the Ministry of Aquaculture.
Article 12.- An
organization or individual that raises male breeds to produce semen of
buffaloes, oxen or pigs for insemination must register in terms of quality and
must have a permit of the competent level in State management.
If the raising of male buffaloes, oxen and pigs
is to do business in direct insemination, the raiser must have the permit of
the State managerial agency of the agricultural service at the district, town
or city in the province.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 14.- An
organization or individual producing or doing business in original breeds,
grandparents breeds or parent breeds or their egg products, semen and fetuses
must observe the following regulations:
1. The breed animal must have a certificate with
its name or individual code about its lineage, its productivity, quality, its
health status and its veterinary record;
2. The breed eggs must have a clear hereditary
record;
3. A male individual animal for the production
of semen must have a clear history record. The semen must be attached with the
name of the male animal or its code, its indicators, the quality of the semen,
the date of production, and must observe all the regulations concerning
packaging, preservation and transportation;
4. The fetus must have a certificate of the
origin of the parents, and must be packaged, preserved and transported as
prescribed.
5. It must have a certificate of quarantine of
the Veterinary Service as currently prescribed.
Article 15.- The
raising of origin breeds, grandparents and parents breeds at the State-owned
establishments shall be supplied with a professional fund for the selection and
improvement of the quality of the breed, for the quick multiplication of good
breeds, the production of new breeds, and the protection of the breed sources
aimed at meeting the need in animal breeds for production.
Article 16.- The
Ministry of Agriculture and Rural Development and the Ministry of Aquaculture
shall, within their functions and powers, monitor the highly productive animal
breeds at the establishments raising original breeds, grandparents breeds under
their managerial jurisdiction.
The State management agency of the Agriculture
and Aquaculture Service at the province and city directly under the Central
Government shall within their functions and powers, monitor the highly
productive animal breeds within the jurisdiction of their locality.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The form for import shall be defined by the
Ministry of Agriculture and Rural Development and the Ministry of Trade, or the
Ministry of Aquaculture and the Ministry of Trade.
Within 15 days after receiving a valid dossier,
the Ministry of Agriculture and Rural Development and the Ministry of Trade, or
the Ministry of Aquaculture and the Ministry of Trade shall have to settle the
case and shall have to reply in writing if the application is rejected.
Article 18.- The
domestic animals brought into Vietnam in the form of gifts, aid or other forms
must strictly observe the Ordinance on Veterinary, the Ordinance on the
Protection and Development of the Aquatic Resources. Within 15 days after the
import of the animal into Vietnam, the recipient or user must report it to the
Ministry of Agriculture and Rural Development or the Ministry of Aquaculture .
Article 19.- The
original and grandparents breeds newly imported into Vietnam must go through
experimentation or test and must get a permit from the Ministry of Agriculture
and Rural Development if they are animals used in agriculture, and from the
Ministry of Aquaculture if they are animals used in aquaculturee before they
can be put into production.
Article 20.- The
domestic animals which have been imported into Vietnam and which have widely
been proliferated in production shall not have to go through experimentation or
test, but they must get a permit from the Ministry of Agriculture and Rural
Development if they are animals used in agriculture, and from the Ministry of
Aquaculture if they are animals used in aquaculture.
Article 21.- An
organization or individual that wants to export or import animal breeds,
specimen, fetuses and breed eggs must fill the procedure as prescribed by law
concerning the export and import of commodity agricultural products.
Article 22.- The
Ministry of Agriculture and Rural Development and the Ministry of Aquaculture
shall within their functions and powers, define and make public the lists of
the rare and precious animal breeds, and grandparents breeds banned from
export. In special cases if they want to export such breeds, they must get a permit
from the Ministry of Agriculture and Rural Development if the animals are
domestic animals used in agriculture, and from the Ministry of Aquaculture and
the Ministry of Trade if they are animals used in aquaculture before they can
be exported.
Article 23.- If a
domestic animal is to be recognized as a new breed, it must go through
experimentation and is certified as having the genetic characteristics and good
and stable reproductive capabilities.
The dossier to apply for experimentation
comprises:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. A scientific report on the new breed;
3. The technical process for raising the new
breed;
4. Observations of the establishments which have
carried out test rearing.
The Ministry of Agriculture and Rural
Development shall appoint the unit to test raise the animals used in
agriculture, the Ministry of Aquaculture shall appoint the unit to test raise
the animals used in aquaculture. The unit which conducts the test raising shall
report to the Ministry of Agriculture and Rural Development or the Ministry of
Aquaculture on the results of the test rearing.
Article 24.-
After receiving the result of the test rearing, the Minister of Agriculture and
Rural Development and the Minister of Aquaculture shall consider and issue the
decision to recognize the new breed and put it into production and shall record
it in the list of domestic animals under their management.
In case they refuse to recognize it as a new
breed, the Ministry of Agriculture and Rural Development and the Ministry of
Aquaculture shall, within their powers and responsibilities, have to inform the
breeder in writing.
Article 25.- The
creator of a new breed may register it with the Ministry of Science, Technology
and Environment in order to secure his copyright and shall be given protection
in the form of copyright according to the Regulation on Inventions.
Article 26.- The
Minister of Agriculture and Rural Development and the Minister of Aquaculture
shall perform their function of State management over domestic animals of their
branches in the whole country including: preservation, research on the
selection of experimental breeds, recognition of the new breeds for production,
business and import and export, the management of the quality of the domestic
animals, and have the responsibility of guiding the activities on domestic
animals within the scope of their management.
1. They shall have to submit to the Government
regulatory documents on the policy of investment and the regime of management
of domestic animals; issue documents to guide and direct and control the
localities, the establishments and individuals in the implementation of the regulations
on domestic animals; define the process and technical rules under their
competence concerning domestic animals;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. They shall propose the competent or
responsible agency to consider and issue or withdraw the certificate of the
quality of the breed and other papers related to the production, business,
export and import of breeds according to this Decree;
4. They shall work out a general plan and a plan
to build the system of breeds of domestic animals in different localities of
the whole country and submit them to the Prime Minister;
5. They shall register the breed in the list of
national breeds;
6. They shall make public the list of domestic
animals and decide to supplement or eliminate certain breeds in the list when
necessary;
7. They shall organize the control, inspection
and handling of violations of the regulations on the management of domestic animals;
8. They shall work out and expertise the
projects of international cooperation in the field of domestic animals.
Article 27.- The
Presidents of the People’s Committees of the provinces and cities directly
under the Central Government shall have to implement and direct the activities
in the management of domestic animals in their localities through the system of
State management of the Agricultural and Aquacultural Services in the following
work:
1. To organize the management of domestic
animals in their localities under the guidance of the Ministry of Agriculture
and Rural Development and the Ministry of Aquaculture;
2. To carry out the policy of investment and
support for the raising of domestic animals in their provinces and cities;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. To work out the policy on the examination,
issue or withdrawal of permits for business in domestic animals in their
localities as prescribed by the Ministry of Agriculture and Rural Development
concerning the domestic animals used in agriculture, and of the Ministry of
Aquaculture concerning the domestic animals used in aquaculture;
5. To organize the control, inspection and
handling of the violations of the regulations on the management of domestic
animals in their localities;
6. To organize fairs and contests of good breeds
of domestic animals in their localities.
Article 28.- The
various levels of management of the Agricultural and Aquaculural Services from
the central level to the provinces and cities directly under the Central
Government shall have to organize periodical control or unannounced control of
the quality of the herd of breeds and the breed managerial skill of the
establishments raising original breeds, grandparents breeds and parents breeds,
the insemination stations, the stations for the control of productivity and the
establishments raising newly imported breeds and control and inspect the
execution of this Decree.
The Ministry of Agriculture and Rural
Development and the Ministry of Aquaculture shall, within their functions and
powers, work out the regime of control and inspection of the breeds of domestic
animals, and look after the division of work and responsibilities in the
regular as well as unannounced control.
Article 29.- An
organization or individual in the country and abroad that conducts operations
related to the domestic animals on Vietnamese territory shall have to comply
with this Decree.
Article 30.- The
organizations and individuals that have made meritorious achievements in the
management of breeds of domestic animals, in the selection, protection and
proliferation of the breed sources in the creation of new breeds and the quick
proliferation of breeds as well as in the guidance of the development of breeds
in production, shall be commended and awarded.
Those persons who take acts of violation of the
regulations in this Decree shall, depending on the seriousness of the damage
caused to the State and the organizations or individuals, shall be sanctioned
and have to pay compensations for the material damage according to
prescriptions of law.
Article 31.-
This Decree takes effect on the date of its signing. The earlier regulations
which are contrary to this Decree are now annulled.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 32.- The
Ministers, the Heads of the ministerial-level agencies, the Heads of the
agencies attached to the Government, the Presidents of the People’s Committees
of the provinces and cities directly under the Central Government shall have to
implement this Decree.
ON BEHALF OF
THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai