Procedures for exchange of precious and rare livestock gene sources in Vietnam

Procedures for exchange of precious and rare livestock gene sources in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Management of livestock gene sources in Vietnam

According to Article 13 of the Law on Animal Husbandry 2018, the management of livestock gene sources is as follows:

- Livestock gene sources shall be managed by the State in a consistent manner.

- Organizations and individuals shall take responsibility to participate in management of livestock gene sources under regulations of the Law on Animal Husbandry 2018 and other relevant law provisions.

2. Collection, preservation, use and development of livestock gene sources in Vietnam

Collection, preservation, use and development of livestock gene sources according to Article 14 of the Law on Animal Husbandry 2018 are as follows:

- Organizations and individuals involved in collection, preservation and development of livestock gene sources must comply with regulations hereof and other relevant law provisions.

- Collection, preservation, use and development of livestock gene sources shall include the following activities:

+ Investigation, survey and collection of livestock gene sources;

+ Assessment of livestock gene sources based upon bio-criteria and useful value thereof;

+ Establishment of livestock gene source database;

+ Protection and maintenance of livestock gene sources;

+ Use of livestock gene sources that are assessed and whose useful value is determined in selection, production and multiplication of livestock breeds.

- Methods for preservation of livestock gene sources shall be applied in compliance with provisions of the law on biodiversity.

- The Ministry of Agriculture and Rural Development shall take charge and cooperate the Ministry of Natural Resources and Environment, Ministry of Science and Technology, other ministries and relevant ministerial agencies in sending proposal of collection, preservation, use and development of livestock gene sources under agricultural management to the Government.

3. Exchange of precious and rare livestock gene sources in Vietnam 

According to Article 15 of the Law on Animal Husbandry 2018, the exchange of precious and rare livestock gene sources is as follows:

- 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.

- 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.

- 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.

- 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.

- 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.

4. Procedures for exchange of precious and rare livestock gene sources in Vietnam

The procedures for exchange of precious and rare livestock gene sources according to Clauses 1, 2 and 3, Article 16 of the Law on Animal Husbandry 2018 are 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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