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.
Tìm kiếm
Pháp lệnh 16/2004/PL-UBTVQH11 (Bản Word)