Nghị định 14-CP

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.

3. The original breed is the thorough-bred selected and raised for multiplication with stable productivity and quality.

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.

Article 2.- The State exerts unified management over domestic animals including the production, preservation and development of the gene resources, management of the production and business activities in animal breeds and export and import of breeds aimed at constantly improving the quality of the breeds and promoting the development of animal breeding.

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.

Article 9.- An organization or individual that produces original breeds, grandparents and parents breeds must fill the following conditions:

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.

Article 13.- An organization or individual that raises domestic animals to produce fetuses, egg cells and for fetal graft must have the equipment meeting the technical norms and a technician of at least university level in livestock breeding or biology and must have a permit from the Ministry of Agriculture and Rural Development if it is an establishment at the central level, and from the Agricultural Service at the provincial or city directly under the Central Government if it is a local establishment.

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.

Article 17.- The State encourages all organizations and individuals to import good breeds and gene funds into Vietnam. The import of animal breeds, semen, fetuses and animal eggs must observe the regulations on the import of commodities and the Ordinance on Veterinary and the Ordinance on the Protection and Development of the Aquatic Resources.

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:

1. An application with the clear registration of the name of the breed, its origin and the locality for experimentation;

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;

2. They shall have to work out the Vietnamese standard on domestic animals so that the competent agency can integrate it into the Vietnamese standards;

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;

3. To issue documents to guide the implementation of State management of domestic animals in their localities;

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.

The Ministry of Agriculture and Rural Development and the Ministry of Aquaculture shall, within their functions and powers , have to cooperate with the related agencies in guiding, promoting and controlling the implementation of this Decree.

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.