Rights and Obligations of Test Establishments for Animal Breeds and Lines

Law stipulates that organizations and individuals requiring the recognition of a new breed or variety of livestock must conduct trials in accordance with the national technical standards for livestock breed and variety testing at facilities qualified for such testing. What rights and obligations will these qualified facilities have in this case?

On November 19, 2018, the National Assembly of the Socialist Republic of Vietnam, Session XIV, during its 6th meeting, passed the Law on Animal Husbandry No. 32/2018/QH14 (referred to as the 2018 Law on Animal Husbandry).

The 2018 Law on Animal Husbandry governs activities related to animal husbandry; the rights and obligations of organizations and individuals involved in animal husbandry activities; and state management concerning animal husbandry.

According to Article 31 of the 2018 Law on Animal Husbandry (effective from January 1, 2020), the rights and obligations of establishments conducting trials on livestock breeds are specifically stipulated as follows:

  1. Establishments conducting trials on livestock breeds have the following rights:

- To conduct trials on livestock breeds as per legal regulations;

- To conduct inspections on livestock breeds as stipulated in Article 28 of the 2018 Law on Animal Husbandry;

- To receive payment for costs incurred from conducting trials and inspections on livestock breeds as per legal regulations;

- To lodge complaints, denunciations, and initiate lawsuits related to trials on livestock breeds under legal provisions;

- To refuse to provide information related to trial results, except when requested by competent state authorities.

  1. Establishments conducting trials on livestock breeds have the following obligations:

- To ensure the conditions of the trial establishment during operations;

- To be responsible for the results of conducted trials and inspections;

- To comply with legal provisions on biosecurity, disease safety, and environmental protection;

- To keep records for a minimum of 3 years after the completion of trials and inspections;

- To comply with inspections and examinations conducted by competent state authorities.

The foregoing represents our advisory opinion on the issue you are inquiring about.

Sincerely!

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