Chương 3 Pháp lệnh 16/2004/PL-UBTVQH11: Nghiên cứu, chọn, tạo, khảo nghiệm và công nhận giống vật nuôi mới

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.