Is it possible to exchange precious and rare livestock gene sources of Vietnam to a third party?
- Is it possible to exchange precious and rare livestock gene sources of Vietnam to a third party?
- What are the administrative penalties for exchanging genetic resources of rare and precious animal breeds without consents?
- What are the procedures for exchange of precious and rare livestock gene sources of Vietnam?
Is it possible to exchange precious and rare livestock gene sources of Vietnam to a third party?
Pursuant to the provisions of Article 15 of the 2018 Law on Animal Husbandry in Vietnam stipulating as follows:
Exchange of precious and rare livestock gene sources
1. Organizations and individuals are permitted to exchange precious and rare livestock gene sources serving the purpose of study, collection and production of new livestock breeds and lines and trade in compliance with regulations issued by the Minister of Agriculture and Rural Development.
2. International exchange of livestock gene sources on the list of livestock breeds prohibited from export for the purpose of scientific research, exhibitions and advertisement must be decided by the Minister of Agriculture and Rural Development upon approval granted by the Prime Minister.
3. Organizations and individuals involved in international exchange of precious and rare livestock gene sources shall comply with regulations herein the Vietnam laws on veterinary medicine, food safety, environmental protection and biodiversity.
4. Exchange of precious and rare livestock gene sources of Vietnam to a third party must be decided by the Minister of Agriculture and Rural Development upon approval granted by the Prime Minister.
5. Vietnamese organizations and individuals that exchange precious and rare livestock gene sources worldwide for popular use in livestock production or produce new livestock breeds may hold the copyright of such breeds as specified in international agreement to which the Socialist Republic of Vietnam is a signatory.
According to the above provisions, it is possible to exchange precious and rare livestock gene sources of Vietnam to a third party
However, the exchange of precious and rare livestock gene sources of Vietnam to a third party must be decided by the Minister of Agriculture and Rural Development upon approval granted by the Prime Minister.
Is it possible to exchange precious and rare livestock gene sources of Vietnam to a third party? (Image from the Internet)
What are the administrative penalties for exchanging genetic resources of rare and precious animal breeds without consents?
Pursuant to the provisions of Article 7 of Decree No. 14/2021/ND-CP stipulating as follows:
Offences against regulations on precious and rare animal breeds prohibited from importation; exchange of genetic resources of precious and rare animal breeds
1. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for the act of exchanging rare and precious animal breeds in contravention of those permitted by the Minister of Agriculture and Rural Development.
2. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for the act of exporting or internationally exchanging animal breeds and animal breed products on the List of animal breeds banned from exportation for scientific research, exhibition or advertising purposes in contravention of those permitted by competent state authorities.
3. Imposing the fine ranging from 40,000,000 dong to 50,000,000 dong for one of the following offences:
a) Exchanging genetic resources of rare and precious animal breeds without consents from the Minister of Agriculture and Rural Development;
b) Exporting or internationally exchanging animal breeds and animal breed products on the List of animal breeds banned from exportation for scientific research, exhibition or advertising purposes without consent from competent state authorities.
4. Supplemental penalties
Confiscating exhibits involved in the administrative offences referred to in clause 1, 2 and 3 of this Article.
According to the above regulations, exchanging genetic resources of rare and precious animal breeds without consents from the Minister of Agriculture and Rural Development may be subject to an administrative fine of from VND 40,000,000 to VND 50,000,000.
At the same time, according to the provisions of Article 5 of Decree No. 14/2021/ND-CP stipulating as follows:
Regulations on fine amounts and sanctioning authority
1. The maximum amount of fine imposed for an administrative offence arising from animal production activities shall be subject to laws on handling of administrative violations.
2. The amount of fine stipulated in Chapter II shall be deemed as the amount of fine for the administrative offence committed by an individual. If an organization commits the same offence, the amount of imposed on that organization shall be 02 times greater than that imposed on an individual.
3. Sanctioning authority delegated to officeholders specified in Chapter III herein shall be the same as the authority to sanction an administrative offence committed by individuals. In case of imposition of a fine, authority to impose such fine on a violating entity shall be 02 times higher than that on a violating individual.
According to the above regulations, the administrative fine for the above act is applied to individuals, the fine level for organizations is double.
What are the procedures for exchange of precious and rare livestock gene sources of Vietnam?
Pursuant to the provisions of Article 16 of the 2018 Law on Animal Husbandry in Vietnam stipulating the procedures for exchange of precious and rare livestock gene sources of Vietnam as follows:
- Any organization or individual demanding exchange of precious and rare livestock gene sources shall send an application for exchange to the Ministry of Agriculture and Rural Development.
- The application for exchange of precious and rare livestock gene sources includes:
+ An application form;
+ Profile of precious and rare livestock gene source to be exchanged;
+ Documents relating to exchange of precious and rare livestock gene sources
- The Ministry of Agriculture and Rural Development shall carry out inspection of such application within 3 working days from the day on which the application is received and notify the applicant in writing for them to provide additional information in case such application is found unsatisfactory.
- The Minister of Agriculture and Rural Development shall carry out appraisal and grant approval for such application upon decision of the Prime Minister, and provide explanation if the application is rejected within 30 days from the day on which the satisfactory application is received.
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