Recently, public opinion in general and residents living in apartments in particular have expressed dissatisfaction with the new apartment regulations titled "Prohibition of keeping dogs and cats in the apartment" issued by the apartment management boards.
Article table of contents
One part is that we are too familiar with the practice of “exaggerating, sensationalizing” from the press, and on the other hand, this regulation stems from different interpretations of the management and usage rules of apartment buildings as per Appendix No. 01 issued with Circular 02/2016/TT-BXD. To be specific, Clause 4 Article 2 of Appendix 01 of the Circular stipulates:
Article 2. Prohibited acts in the use of apartment buildings...
- Grazing, raising, and breeding livestock and poultry in apartment buildings.
The question arises, do your pets fall under the purview of this regulation?
Do dogs, cats, and pets fall under livestock and poultry?
According to the general definition from Vietnamese Wikipedia,
Livestock refers to one or more species of domesticated mammals raised for the purpose of producing goods such as food, fiber, or labor. Livestock farming is an important part of agriculture.
Poultry refers to two-legged feathered animals belonging to the winged animal group that humans raise and breed for producing eggs, meat, or feathers. Typical poultry includes chickens, ducks, geese, turkeys, pigeons, and quails.
This traditional understanding of “livestock and poultry raised for meat” is one of the factors distinguishing livestock and poultry from other types of animals, i.e., domesticated for food, fur, eggs, labor, etc. This does not include the purpose of raising pets for companionship, such as the current trend of raising dogs and cats in apartment buildings.
The Veterinary Ordinance of 2004 earlier and the Veterinary Law of 2015 currently do not provide a specific definition for the concepts of livestock and poultry. According to several provincial People's Committee decisions on the management and slaughter of livestock and poultry, such as Decision 50/2013/QD-UBND of Nghe An Province, Decision 47/2014/QD-UBND of Quang Nam Province, and several other localities, the explanation is as follows:
Livestock includes: Buffaloes, cows, goats, pigs, deer, horses, rabbits, dogs, and cats.
Poultry includes: Chickens, ducks, geese, turkeys, pigeons, quails, ostriches, ornamental birds, and swifts.
And the breeding activities according to the regulations are associated with certain scales and forms of commercial production, including super-large, large, medium, small, and micro household scales. It can be seen that the regulation aligns with the above mindset; “pets for companionship” do not share the same understanding or breeding purpose as “livestock and poultry.”
Thus, until the competent authorities issue a specific guiding document or clear regulation, “prohibiting the raising of livestock, poultry, and pets (dogs, cats, birds, mice, etc.) in apartments,” the regulation prohibiting keeping dogs, cats, and pets in general in apartments lacks legal basis.
Pet owners must also be aware of legal regulations
Pets are not simply animals but sometimes hold significance as a small family member. However, pet owners in general, and apartment residents in particular, must be aware of legal regulations to avoid being “summoned to the ward” due to complaints from neighbors.
Firstly, raising pets for commercial purposes (buying and selling) will fall into the group of livestock and poultry according to the regulations, and depending on the level of damage, may be required to disband, compensate, and be forced to move out of the apartment. Specific handling of violations will be constructed by the apartment management based on Article 8 of the Management and Usage Rules of Apartment Buildings, with measures like cutting off electricity and water possibly being applied. Additionally, raising a large number of pets should be avoided as it not only affects neighbors but can also result in misunderstandings regarding commercial purposes, leading to unnecessary legal troubles.
Secondly, pet owners, especially those raising dogs, should have the responsibility to train their pets, protect the environment, and periodically prevent rabies to avoid their pets biting others, causing damage to others' property, or creating excessive noise. Reference can be made to the provisions in Article 6 of Decree 05/2007/ND-CP and Section 2 of Appendix 15 Circular 07/2016/TT-BNNPTNT, civil liability of the pet owner stipulated in Article 625 of the Civil Code 2005, administrative responsibility at Decree 167/2013/ND-CP.
