Order No. 03/2004/L-CTN on the promulgation of the Ordinance on plant varieties

No. 16 (24A-2004} OFFICIAL GAZETTE THE STATE PRESIDENT ORDER No. 03/2004/L-CTN OF APRIL 5, 2004 OW PROM\JLGAT\ON OF THE ORDINANCE OF THE NATIONAL ASSEM81-Y STANDING COMMITTEE THE STATE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Rapubllc of Vietnam, which was amended and supplemented under Resolution No. 51/2001/OH10 ol December 25, 2001 of the y,th National Assembly, the 1 cJh session; Pursuant to Article 19 of the lt¾W on Organization of the National Assembly; Pursuant to Article 51 ot the Law on Promulgation otLegal Documents, PROMULGATES: the Ordinance on Plant Varieties, which was passed on March 24, 2004 by the Standing Committee of the XJ 1h National Assembly of the Socialist Republic of Vietnam: State President of ti-'? Socialist Republic of \llf'tnam TRAN DUC L.UONG ORDINANCE ON PLANT VARIETIES (No. 15/2004/L-UBTVOI-I) Pursuant to the 1992 Constitution of t.'ln Soci.<.'i ii , t Republic of Vietnam, which was dmer•dJ(:I a,"d supplemented under Resolution No. 51/2CO :/CH" iJ of December 25, 2001 of the X:17 NE,tiorw I J s~,r: mb!v, the 1 oth session; Pursuant to Resolution No, 21/2003/QHtf of November 26, 2003 of the Xfh Nation a! J\sF,,'id,:,, the 4th session, on the 2004 law- a;id w:11:nFl,>. making program; This Ordinance provides tor plant varieties. Chapter I GENERAL PROVISIONS Article 1.- Scope of regulation This Ordinance providef; for fha man(cQ,)t:·ien and conservation of plant gene nour,.::e:,: 1h,.,. research ln1o, selection, creation, ass::i.y, expertise, test, recognition and protection of, new plcUl( va.rieties; the evaluation, selection :1nd rci:.:,1~,nition of maternal plants, initial plants, variet>' gardenr, va.riety forests; the production ,,md '!'Edi% ol i:,i,.i'·( va.rieties; and the management at :1t...ialiiy )I pi:·s,, varieties, Article 2.~ Subjects ot applicaticn This Ordinance s hal I apply to \/ietn a p·1e sf., organizations and dividua\s, foreign org::miz;:1ti:)n;.; Etnd individuals operating in the domain c,f pitir1 1 varieties in the Vietnamese territory Where international agreemer\tS whi,J: thE Socialist Republic of Vietnam has si9nEd 01 OFFICIAL GAZETTE No. 16 (2 4•4-2004) acceded to contain provisions different from those of this Ordinance, such international agreements shall apply. Article 3.~ Interpretation of terms In this Ordinance, the following terms are construed as follows: 1. A plant variety means a grouping of plants which a re uniform and of a certain economic va I ue, recognizable by the expression of the characteristics mandated by a genotype and distinguishable from any other plant groupings through the expression of at least one of the said characteristic, and heritable through repeated propagation. Plant varieties used in agricultural production, forestry and aquaculture include seeds, tubers, fruits, roots, trunks, branches, leaves, saplings, grafts, buds, flowers, tissues, cells, spores, spawns, weeds, algae and microalgae. 2. A new plant variety means a plant variety newly selected, created or imported for the first time, which ls distinct, uniform and :;table but not yet on the list of plant varieties permitted for production and trading. 3. A protected new plant variety ineans a new plant variety which is granted the new plant variety protection title. 4. Plant gene source means whole living plants or living parts thereof carrying hereditary information, able to create, or take part in creating, new plant varieties. 5. Assay of a new plant varieiy means the process of monitoring and assessing under given producing a new plant variety which iias te,or: assayed and permitted for production in a Qiv m area under mass production conditions. 7. Expertise of R plant variety rnE-ans the pro :e-:::s of examining the quality of 01e p/anl variety i:1a.l:::h under production righ1 on fields or garc1er,s in crc:~,r to identify the variety properness, hereditary r,:,ur•ity and the level of mixture with another variety or :)I ant species. 8. Test of a pf ant variety means ihr~ proce ,,s of analyzing the quality criteria of the vanety san 1p:e;; in laboratories. 9. Pure seeds means seeds which retaiI1 sta1le hereditary chara-::te ristics through reµ2 a1 ,-;o propagation. 10. Authored seeds mean pure seeds selected and created by an author. 11. Super-prototypal seeds mean sePds propagated from authored soeds or restored from seeds which are produced according to the sup(~:'·· prototypttl seed-restoring process and satisiy the prescribed quality standards. 12. Prototypal seeds mean seed'; pmpa·.Jc,t0 ci from super-prototypal seeds and !c' e.tisfy i r,g HH prescribed quality standards. 13. Certified seeds mean seeds propagnted from prototypal sends and satisfying the prescribed quality standards. 14. flestoration of super-protutyral :,eed.c; means the process of selec!lng individuais, propagating and selecting the typir~al line; i,f a variety, ensuring i:.s hereditary purity sr'.ti~.fy'i:1r fr:,:; standards of supcr-prototypa! seeds. conditions and for a given period in Order to 15. Maternal plants means the bei;t foms t p1\mfs determine the distinctness, uniformity, stability, the selected from natural forests, planted fornsts, value of cultivation and use of a p!a,,t variety. variety forests or variety gardens frn propafjadon. 6. Trial production means the; process of 16. Initial plants of perenniai incustriai )l,1nts, No. 16 (24-4-2004) OFFICIAL GAZETTE fruit trees or forest plants mean plants of a yield, quality, and resistance markedly higher than those ol other plants of a variety grouping, which have been evaluated, selected and recognized for vegetative propagation. 17. Gardens of initial plants of perennial industrial plants, fruit trees, fore st plants mean gardens vegetatively propagated from initial plants in service of variety production. 18. Gardens of forest plant varieties mean variety gardens planted according to a given plan with vegetative lines or nursed from seeds of the selected and recognized maternal plants. 19. Variety forests mean forests of variety plants propagated from maternal plants and grown not according to a given plan or transformed from natural forests or planted forests already evaluated, selected and recognized. 20. Varieties of genetically modified plants mean plant varieties bearing a new combination of genomes (AON) obtained through the use of modern b"10\og·1ca\ \echnoiog·1es. 21. Major plant varieties mean varieties of plant species commonly planted in big quantities and ot a high economic value, which need to be strictly managed. 22. Counterfeit varieties mean varieties not true to the variety names, origins and grades inscribed on \heir labels; with their labels being identical or similar to those of other law-protected plant varieHes, thereby causing confusion. 23. Propagating materials mean whole plants, weeds, algae, micro-algae or parts thereof such as seeds, tubers, fruits, roots, trunks, branches, leaves, saplings, grafts, buds, flowers, tissues, cells, spores, spawns, to be used for production cf new plants. 24. Commercial novelty of plant varieties is understood as that suc!1 plant vat ,,dies have not yet been traded in the Vietnamese :cmitc,r~ kn on" year, outslde the Vietnarnese territory for six vem::;, tor groups of timber trees and g~apes, or tor io11r years, for allier plants, befcre the dat-:: ,.if submission of protection registration app!icationr,. 2:i. Duplicates of new plnnt-varidy protcct~Jr, ti:;.,.,s mean second copies granted to H,e owncon: ut w;w plant varieties in cases where the •;itlos oi ;Jr')k,ctb-, of new plant varieties are lost for rladsibb r1,~'lson-;. Oup\ica.te£.. \"WN\~ th~ s-arne content,; J.nd \'a.iJY,y ,,,,, tt1e granted new plant variety protucfion 1iilo,;. A1ticle 4.- Principles for activitios reitlted 1:o ph.n, varieties 1. The formulation of plant variety development strategies, planriings and plans must be ir, ILw wa,·1 the overall socio~economic development ~,/annin(}::; of the whole country and each locality. 2. The State protects the ownership and coovrigr:t over new plant varieties, promotes t! 1e autor orny ar 1--: equality rights, protects the !egitiinnte riqh :~: an, 1 intere~:,i..s at OHJani-z.ations and °lnd"ividua.lf, ?;r 'JB<;.)f,-.:1 in plant variety-1 ela led activitier. 3. To strictly rnanage the produc:tion and \rti.c\·1,,~: of major plant v,uieties. 4. To vigorously step up the soci:,.!iza.lk,r, ('( pi&.n, variety-related activities; ensure ,~u fficie1 it qood· quality varieties lo meet the producfo 0 development demands; em;urn human llf:al:h anci µrotecl the environment and !he eGO·•s11ston:. 5. To apply sdentific and tecl'mo\ogica! ,:vlv::1.ncs<; to the research into, selection, creation, prc,duc;i:i0n and preservation of plant varieti1c:-s; to c ornl, irn, modern technologies with people'~ experi-x,ces. 6. To conserve and rationally exploit plant gE!ll!? sources; ensure bio-divorsity; hnrrno1i:)11::;I/ combine sl1ort-term with long-ter·m he1:efits, e:1s1.11e common interests of the ,,mdrs soc:ety. OFFICIAL GAZETTE Article 5.- The State's policies towards plant experimentation, production, trading, u ' ;,;:;, varieties international exchange of, and other acli'1it:e,•; related to, genetically modified plant varieties srmli 1. To ensure the development of plant varieties comply with the Government's regulations. along the direction at industrialization and modernization on the basis of the plant variety Article 7.- f~esponsibilities for :;t-;1e development strategies, plannings and plans. management over plant varieties 2. To prioritize investment in the following activities: a/ Researching into, selecting and creating new plant varieties, preserving authored seeds; b/ Conserving maternal plants, initial plants, variety gardens and variety forests; c/ Investigating, collecting and conserving gene sources of precious and rare plants. 3. To encourage and support organizations and individuals engaged in agricultural production, forestry or aquaculture to use new plant varieties of high yield; good quality and resistance to pests and unfavorable production conditions, and satisfying market demands. 4. To encourage and create conditions for organizations and individuals to invest in collecting and conserving gene sources, researching into, selecting, creating, assaying, expertising, testing, producing, and trading in, plant varieties. 5. To encourage agricultural forestry and fishery promotion activities in order to quickly transfer plant variety-related technical and technological advances; to link research to production. 6. To support investment in material foundations and techniques in service of propagation and preservation of super-prototypal varieties, prototypal varieties, maternal plants, initial plants, forest plant variety gardens and va riety forests. Article 6.- Genetically modified plant varieties The research into, selection, creation, 1. The Government performs the uniform S1nt1,i management over plant varieties. 2. The Ministry of AgriculturE:' and H.L,,r:.t' Development has the responsibility to perfor-n the State management over agricultural 3.mJ fo1 esl plant varieties nationwide. The Ministry of Fisheries has the respom,ibility to perform the Statei management 0ver aquBtic plant varieties nationwide. 3. The ministries and ministerial-level age11cies, within the scope of their tasks a:nd powers, h.;,W) the responsibility to coordinate with the Mini:;try oi Agriculture and Rural Development or the M'nistry of Fisheries in petiorming the State mrmagom0r:t over plant varieties. 4. The People's Committees at all levels have the responsibility to organize the performance o~ th0 State m,rnagernent over plant vari':)ties ir 1r1Gir localities. Article 8.- Cornmendatior 1. Organizations and individuals that recurcJ achievements in plant variety-related activitie.-:; c1· record merits in detecting or stopping e.cts of vi 0Jlation of the law provisions on p1ant varietif-,s st'a!I ba commended and/or rewarded according to t11e law provisions on emulation and commeridation, 2. The State shall honor organizations ar:d individu,11s that record outstanding acl1ieveme11t~~ in the selection or creation o i' new p' ant '/.:'l 18' :,,;-c:. Article 9.- Prohibited acts No. 16 (24-4-2004) OFFICIAL GAZETTE i. Trading in counterfeit varieties or plant Ministry of Fisheries must be obta.inecJ. varieties not up to the quality standards. 3. Organiz;)1ions, individuals shall have \o 2. Producing, and trading in, varieties not on participate in managing plant yene sc,u,c0s in the list of plant varieties permitted for production localities. and trading. 3. Destroying or misappropriating plant gene sources, illegally exporting g~ne sources of precious and rare plants. 4. Experimenting pests ln areas under production of plant varieties. 5. Obstructing lawful activltles of researching into, selecting, creating, assaying, expertising, testing, producing, or trading in, plant varieties. 6. Importing· gene· sources, producing, trading in, plant varieties which ca use harms to production, human health, the environment and ecosystem. 7, Publicizing untrue quality standards of, misleading advertisements for, or false information on, plant varieties. 8. Infringing upon the rights and legitimate interests of plant variety authors or owners of new plant variety protection titles. 9. Other acts as provided for by law. Chapter II MANAGEMENT AND CONSERVATION OF PLANT GENE SOURCES Article 10.~ Management of plant gene sources 1. Plant gene sources constitute a national asset unilorrnly managed by the State. A tticle 11. - Contents of con sc rvatio r c, I p !a: i l gene sources 1. Investigating, collecting gene sourc,.:i,:; t:u:tnb! ~.·. to the nature and characteristics of eac/1 p!r::-,t species. 2. Conserving for a Jong time and seJoly gen,., sources already determined to be suitable to the• specific biological characteristics of each plsrt species. 3. Evaluating gene sources according l1, biological criteria and use value. 4. Building dntabases and system of inf-wnalio; i on plant gene sources. Article 12.- Collection and corn,e rv ai,u n r·J precious and rare plant gene sources 1. The State shall invest in and suppm'i the collection and conservation of the 9ene sour:x,r, u: precious and rare plants; the building o1 estnbli:;i, ments for storing the gene sources of prnC:011s anc rare plants; and the conservation of tile gen:~ S(; u r:--,,-:. of precious and rare plants in locali!ies. 2. Organ iza tio ns, individuals sh al I :,z ve ir. consnrve the gene sources of precious E,nd rmc: plants according to the provisions of this Ordi:mncs and other relevant \aw prov\s\ons. 3. The Mlnistry of Agriculture and r~ur1~ Development, the Ministry of F ishe rlE s s haL periodically announce the lists of th8 gene ,CLH"cei:, 2. Where there are demands for exploiting or of precious and rare plants to be protected. using of the plant gene sources in the State's conservation zones, the permission ot the Ministry Article 13. ~ Ex cha nqe of gene ~;c •.J 'CCD c i of Agriculture and Rural Development or the precious and rare plants OFFICIAL GAZETTE gene sources of precious and rare plants in service of research into, selection, creation, production or trading of, new plant varieties according to the regulations of the Ministry of Agriculture and Rural Development or the Ministry of Fisheries. 2. The international exchange of gene sources of precious and rare plants must be permitted by the Minister of Agriculture and Rural Development or the Minister of Fisheries. Chapter Ill RESEARCH rNTO, SELECTlON, CREATION, ASSAY, RECOGNITION OF, NEW PLANT VARIETIES, EVALUATION, SELECTION AND RECOGNITION OF MATERNAL PLANTS, INITIAL PLANTS, FOREST PLANT VARIETY GARDENS, VARIETY FORESTS Article 14.- Research into, selection, creation of new plant varieties 1, Vietnamese organizations and individuals, foreign organizations and individuals may research into, select and create new plant varieties in the Vietnamese territory. The research into, the selection, creation of, new plant varieties 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, the Ministry of Fisheries shall identify the scientific and technological tasks relating to research into, selection, creation of, new plant varieties, which meet the requirements of each period in order to raise the productivity, quality and competitiveness of farm, forest and aquatic goods. Article 15.-Assay ot new plant varieties i. New plant varieties which are selected, created or imported but not yet named in the iisr 1Jf plant varieties permitted for production and trad:ng shall be put on this list only after they have ocen assayed and recognized. 2. Assay of new plant varieties ma;/ taku thE: following forms: a/ National assay of new varieties of plants o,, the tist of major plant varieties which have been se!ected and created in Vietnam anc of imported varieties not yet on the list of plan I va ri .::-tIec: permitted for production and trading. bl As:;ay by authors themselves who b,,ar res pon si bHity forth e res u Its of assaying other p h: 1 l varieties. 3. An assay covers the following contents: a/ Assay of distinctness, uniformity and stab:iitv (DUS assay); bl Assay of the value of cultivation and use tvr;u assay). 4. A national assay shall follow the follDwin9 order and procedures: a/ Or9anizatior:s, individuals wis:1in;i tc h:ivc new plant varieties assayed shall submit ns:'iay registration dossiers to the assaying er,tablishnw1h accredited by the Ministry of Agriculture und R1nc11 Development or the Ministry of F:shE ries. An assay registration dossier consists Jf an assay re~Jistration application and the plant v,;:,fcty dossier clearly stating the name of the plant varL::ty, its origin, quantity, tiwhno-economic norm,; ;:ind cultivation process and techniques; bf Oruanizations, individuals wishing to hav,• new plant varieties assayed shall sign contrncts with the accredited assay establishments m; prescribed in Clause ·t, Article 16 of this Ordinance. 5. Where authors conduct a,.,say3 hy themselves, they must observF the es·:;ay No. 16 (24-4•2004) Of:"FICIAL GAZETTE regulations promulgated by the Ministry of Agt'iculture and Rural Development, the Ministry of cisheries or sign contracts with the accredited assay establishments as prescribed in Clause 1, Article 16 of !his Ordinance. 6. Organizations, individuals being owners of new plant varieties registered for assay must bear all assay costs. 7. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall issue lists of major plant varieties and lists of plant varieties permitted for production and trading. Article 16. - New plant variety-assaying establishments i. To be accredited by the Ministry of Agriculture and Rural Development or1he Ministry of Fisheries, new plant variety-assaying establishments must fully satisfy the following conditions: a/ Having registered plant variety-assaying activities; b/ Having locations suitable to the assay requirements and the growth and development rE:quirements of each plant species, compliant with the law provisions on environmental protection, fisheries, and plant protection and quarantine; c/ Possessing specialized equipment and facilities satisfying the assay requirements for each pian! species; d/ Having standard varieties of plant varieties uf tho same species for use as control varieties in DUS assays. e/ Employing or hiring technicians who have boen trained in plant variety assay; 2. New plant variety-assaying establishments must observe the assay regulations for eacn plant ~;pecies, which are promulgated by the Ministry of /\griculture and Rum/ Development or the Ministry of Fisheries, and take responsibility for the obtained assay results. ArtiGle 17.- Naming of new plant varieties 1. Each new plant variety shall have only one appropriate name. After being recognized, such name shal! become the sole official name to be used in activities rela1ed to such plant variety. 2. The name of a variety must be easily distinguishable from the names of other plant varieties of the same species. 3. The following naming cases shall not be accepted: a/ Consisting of numerals only; b/ Violating social ethics; cl Easily causing. misunderstanding with the properties, characteristics of the plant variety concerned; di Being identical or similar to the protected trademarks or goods origin appellations of the products or to the harvested products of the plant varlety concerned. Article 18.- Recognition of new plant varieties 1. New plant varieties used in agriculture and/or forestry shall be recognized if they meet the following requirements; a/ Having the assay results of the new plant variety-assaying establishments; b/ Having their trial product( on results, which have been accepted for mass production by the provincial/ municipal Agriculture and Rural Development Services of the localities of trial production; c/ Having appropriate names as prescribed in Article 17 of this Ordinance; d/ Having their assay results and trial production 'resu!1s already evaluated and proposed for OFFICIAL GAZETTE No. 1G (24-4-2004) recognition by the specialized scientific council set up by the Minister of Agriculture and Rural Development. 2. New plant varieties used in the fisheries domain shall be recognized if they meet the following requirements: a/ Having the assay results of the new plant variety-assaying establishments; b/ Having appropriate names as prescribed in Article 17 of this Ordinance; c/ Having their assay results already evaluated and proposed for. recognition by the specialized scientific council set up by the Minister of Fisheries. 3. Based on the proposals of the specialized scientific council, the Minister of Agriculture and Rural Development or the Minister of Fisheries shall consider and decide to recognize new plant varieties. New plant varieties may be proposed for exceptional recognition without having to go through trial production if their assay results show that they are particularly outstanding. 4. New plant varieties, after being recognized, shall be put on the list of plant varieties permitted for production and trading. Article 19.- Evaluation, selection, recognition of maternal plants, initial plants, forest plant variety gardens, variety forests 1. The recognition of maternal plants, initial plants, forest plant variety gardens, variety forests shall be effected through evaluation and selection. 2. The Ministry of Agriculture and Rural Develop ment shall organize the evaluation, selection and recognition of forest plant variety gardens. 3. The provincial Agriculture and Rural Development Services shall organize the evaluation, selectiun and recognition of rna,:e, nt,i plants, initial plants and variety forests within th,-,ir provinces; oversee, evaluate and guide the use c.nd rational exploitation of the recognized rna·erna! plants, initial plants, forest plant variety qa,ch:"in,-: and variE~ly forests. 4. Oruanizations and individuals registeri,1~, br evaluation and selection of maternal plants, initial plants, forest plant variety gardens and v1.ridy forests must pay charges according .:o th 3 'av.' provisions on charges and fees Chapter IV PROTECTION OF NEW PLANT VARIETH.:$ Article 20.-Princlp!es of protection of new p:ant varieties 1. ThEi State protects the ownership. copyright over new plant varieties in the form of granti11q nevv plant variety protection titles, 2. The Ministry of AgriculturE, ,-1nd l~ura: Development is the agency performmg the S+ato management over the protection of new p:ani varieties nationwide. 3. ThH protection of new plant varietie:'l must comply with the provisions of this Ordinancr,, thn legislation on intellectual property and Jt!10r relevant law provit;ions. Article 21.· Conditions for new plant varieties to be protected 1. Being on the list of State-protected p;,HTi varieties, promulgated by the Ministry of Agricu\;urn and Rural Development. 2. Being distinct, uniform and stable. 3. Being commercially novel. 4. Having appr,)priate names as proscribe j in OFFICIAL GAZETTE J\.t,de 17 of this Ordinance. Article 22.- Subjects entitled to apply for new pla:1t variety protection titles 1. Organizations that select, create new plant varieties with the State budget capital or with capital ci cU·m scurces. 2. individuals who select, create new plant varieties with their own efforts and/or capital or with cauita! of other sources. 3. Contract owners that hire organizations, individuals to select, create new plant varieties, unless other.vise agreed upon in the contracts. 4. Organizations or indfv/dua!s that have sufficient mounds to f)rove that they are the first to select, create HlE; n 2w pla,1t varieties in cases where many org·,mzations or individuals submit dossiers on the t'WT•:e day for the same new plant varieties; where it is i1npossibl1:'> to determine 1he organization or indivicual that is the first to select, create such new plant variety, the involved parties may reach agreement on jointly submitting the dossier or on one party submitting the doss[ er, if they cannot reach such anreernent, the New Plant Variety Protection Office shdi be entitl.~d to reject their dossiers. 5. Urgani:.::ations, individuals being the first to ~,cJbinit dossiers in cases where many organi~ zntic,n:~ or individuals apply for new plant variety pr0hiction titles to the same new plant varieties. Article 23.· Dossiers of application for new plant variety protec!ion titles 1. 1D apply for new plant variety protection titles, D:qani,rntions anci individuals must directly submit, 'H DJ,tr,orizo o~ganizations or individuals to act as :hc:ir rer,rcscntatives to submit, dossiers to the New P n: Vade\y Protection Office. 2. A dos:-:;:er of application for a new plant variety protection title consists of: a/ The application for a new plant variety protection title; b/ A written description of the plant variety, made according to a set form, together with photos. Dossiers must be made in Vietnamese. Where foreign organizations or individuals apply for new plan1 variety prntection fltles, they must submit the Vietnamese-language dossiers together with the English-languaue dossiers. 3, Where a dossier of application for a new plant variety protection title complies with the provisions of Clause 2 of this Article, the New Plant Variety Protectfon Office must give certification of the date of submission of the dossier, clearly writing the dossier's serial number. Article 24.- Order and procedures for granting new plant variety protection titles 1. The New Plant Variety Protection Office shall evaluate the do~isiers, organize. the evaluation of the new plant varieties applied for protection titles according to the provisions of Articles 25 and 26 of this Ordinance. and propose the Minister of · Agriculture and Flural Development to grant new plant variety protection titles. 2. The Minl~,ter of Agriculture and Rural Development shal! consider and decide to grant new plant variety protection titles when such new plant varieties fully satisfy the co11ditions specified in Articles 21, 22, 23, 25 and 26 of this Ordinance. At the requet:ts of the owners of new plant variety protection titles, Hie Minister of Agriculture and Rural Development shall consider and grant duplicates of their new plant variety protection titles. Article 25., Evaluation of dossiers of application for new plant variety protection titles OFFICIAL GAZETTE No. 16 (24-4-2004\ ! VJ i thin fifteen days as frorn the date of receiving thn ,.Jossiers a'.)f application for new plant variety protec''ion titles, the New Plant Variety Protection O{i:c,~ must ,..,.,e,iify the validity o1 such dossiers; where a dGsfior is not valid, it rnust notify the submitter the mof. With in thirty days as from t11e date of m c1-.:ivi: 1g the notice Iha t his/her/its dossier is not valid, th(?- ~0.ul)mitter must complete his/her/its dossier as rc-:1uircd; if su:::h c!os:,ier remains invalid, the New ~iiar,:. Variety Protection Office shall refuse to accept ii. n1e date of submission of a valk! dossier is the da1;; the New I Jlant Variety Protection Office accepts :c rr,·;eive the :lossier. 2. 'Tho Now Plant Varie1y Protection Office must c:omplt,te the evaluation of dossiers within ninety days as from the date the valid dossiers of ,-1µpUc1;Jion for new plant variety protection titles are '.,ut)r:1ilte d. ·r:lE. evaiuation of a dossier covers: a/ Dete1·mlning the eligibility of the dossier submitter; ~-' Lr-,termirling the compatibility of the new plant varinty wit!1 tho list of State-protected plant varieties as prescribed in Clause 1 , Article 21 of this 01'Ciinance; c/ Determining the compliance at the new plant vr~de ty to be protected in Vietnam with international i:.(Jri)Jr:;er:ts w:1ich Vietnam has signed or acceded di Cotermining the compliance of the new plant ';fa\if:-ly wi\h tllE law pro\/\sions on protection oi State ei Determining tl,e commercial novelty of the pi::inl v·,niety: t/ D1~terrnining the approprrateness of the plant vnrie1ys narno as proscribed in Article 17 of this 3. In the Gourse of evaluating the dossiers, the New Plant Variety fJrotection Office may request the dossier submitters to correct mistakes; if the dossiers are not corrected, the New Plant Variety Protection Office may reject them. 4. After evaluating the dossiers, if finding that they are valid the New Plant Variety Protection Office shall accept them in writing, notify such acceptance in a specialized journal and to the submitters for carrying out the procedurHs for new plant variety assay and evaluation as prescribed in Article 26 of this Ordinance. Article 26.- Assay, evaluation of new plant varieties applied for new plant variety protection titles 1. Within fifteen days as from the date of receiving the New Plant Variety Protection Office's notices on its acceptance of the valid dossiers, the submitters of the dossiers of application for new plant variety protection titles must submit the variety samples to the new plant variety-assaying establishments. 2. The new plant variety-assaying establish ments must assay the distinctness, uniformity and stability (DUS) of the new plant varieties according to the assay regulations on each p!aot species, promulgated by the Ministry of Agriculture and Rural Development. 3. The New Plant Variety Protection Office shall evaluate the DUS assay results of the new plant variety-assaying Hstablish men ts. 4. After receiving the assay results, the New Plant Variety Protection Office shall have the f o I lowing resp on s i bi I ities: a/To notify its intention to grant new plant variety protection titles in a specialized journal for three successive issues; b/ Within thirty days as from the date the notice on its intention to grant new plant variety protection titles is published for the last time in the specialized OFFICIAL GAZETTE jvm1al, if therE: is no written protest, to carry out the procedures to propose the Minister ot Aliric:ulture and Rural Development to grant new plant variety protection titles. Where there is a pnost. wi'.idn thirty days S.\3 from the date at rn;~eiving the protest, the New Plant Variety F'r•JtscHon Office must \oak into it and make co11ciusions thereon; c/ !n cases of refusing to g1an{ new plant variety rnctection tit1es, to notify such and clearly state the mEtsons therefor to the dossier submitters; and at 1(10 s,une time notify its refusal in the specialized joum1l for three successive issues. 1 :;. Within ti1irty days as from the date of receiving thtJ notices stated at Point b, Point c, Clause 4 of thi:; Article, the dossier submitters may send written comp aints tc the Minister of Agriculture and Rural Dove/;Jpment about not being granted the new plant v;ui11ty protection titles. C. After the Mlnister of Agriculture and Rural Devalopment issues decisions to grant new plant variety protection titres, the New Plant Variety Pr0hction Office shall notify the new plant varieties si:-ante-i the nE-W plant variety pmtection titles ln the .speciaiized journal. A1tic/e 27.- Rights of owners of new plant variety ;notecl:on tltles i .. T1 allcw or disallow the use of propagating ,nr: '.0 ri,11s o / the protected plant varieties, the pr:)ducl~; ha.rvested from the cultivation of ~- w p ,,9a ti nq ma tc.,ria \s of the o rotected plant .':-~r ,·::tie.·, 111 the folfcwin9 acU11itie~;: ;-;/ Vuk,ty production or propagation: tJ f 1./t· tlc ly p,0c<2,s-::.iw;;r, ci Sele offec. d/ :-;~de or other forms of exchange; ,::/ Export fl Import; g/ Storing for the purposes of carrying out the activities stated at Points a, b, c, d and e of this Clause. 2. To request competent bodies to handle acts ot infringing upon their ownership of the new plant varieties already granted the new plant variety protection title8. 3. Apart from the rights defined in Clause 1 and Clause 2 of this Article, the owners of new plant variety protection titles shall also enjoy benefits in the following cases: a/ P!ant variHt\es created by anyone from their protected varieties provided that their protected varieties are not created from other protected plant varieties; b/ Plant varieties created by anyone, which are not clearly distinct from their protected plant varieties; c/ Plant varieties created by anyone, the production of which requires the use of propagating materials of their protecled plant varieties; d/ Using the propagating rnaterials of their protected varieties for producing \Jariet\es 1or commercial purposes in other countries where such plant varieties are not yet protected. 4. To exploit by themselves or transfer under contracts the right to exploit new plant varieties to other organizations and individuals. Contracts on transfer of the right to exploit new pfant varieties must be made in writing and registered at the New Plant Variety Protection Office. 5. To bequenth or trans1er the right to awn new plant variety protection titles according to (aw provisions in cases where they are concurrently authors; to transfer the right to own new plant variety protection titles in cases where they are not OFFICIAL GAZETTE No. 16 (24-4-2004) ,::,n, cur rent!/ <' u tho rs. A1t.:Gie 28.~ Restrlction of the rights of owners of ww plant variety protection titles ·1. The ,YNMrs of new plant variety protection iit\es rray exercise the right to cornmerciaUy exploit the new plant varieties when such plant varieties ru0 01-, the !i,;t of plant varieti1Js permitted for proci:iction and trading. :.:. Fo1· tho inten1stB of the nation or community, ,:~,, , f1 lir k;tcr of A(Jriculture and Rural Development ,,h,1.II its!JP. dodsions to force the transfer of the pv.1t.cchd n,!W plant var\eties and add the names ,jf m~ :::r plant varieties to the list of plant varieties pr:;nr;:tt::d for production and trading if such plant 1arii:.1 1oies ars Mt yet included in this Hsi. Orga.nizations, (ndlvidua!s being transferees of tho right to exploit new plant varieties must pay royaltie:; as contracted to the owners of new plant '/hi"i,,·y '.)iotc.,cli-:m titles, Article 29.- Cases where royalties are not ,·?quL-ed to be :)aid to owners of new plant variety :}rotsdL:m titleF. "I. Orgsnizations, individuals using the protected plant ·1arieties shall not have to pay royalties to the ··Jwnors of new plant variety protection titles in the fo!lowin,J casef: d.i LJ;i[:-19 ,hem for l1ybridizatio1 to create new ,le.int 1a 1'ioties ('r for scientific research; r,/, J8 in~) for personv.l needs for non-commercial cl The new plant varieties 1)r propagating 11:atcr:als thereof have been sold on the market by tho 0vmors ot nmv plant variety protection titles. ;! . Ho use ho Ids, individuals using the the land or water surface areas under their use right. Article 30.M Obligations of owners of new plant va,·iety protection titles 1. To preserve directly or through other authorized persons, the propagating materials of the protected varieties and supply such propagating materials at the request of competent State bodies. 2. To pay charues and tees for new plant variety protection accor-ding to the law provisions on charges and fees, 3. To pay remunerations to the authors in cases where the authors are not also owners, unless otherwise agreed upon by U1e owners and authors. Where the owners of new plant variety protection titles are foreign organizations or individuals having registered tor protection in Vietnam, the payment of remunerations to authors shall comply with the laws of the countries of such foreign organizations or individuals. Article 31.~ Rights and obligations of authors of new plant varie\ies 1. The authors of new plant varieties w\10 are also owners of the protection titles of such new plant varieties shall have the following rights and obligations: a/To have their names lnscrlbed in the new plant variety protection titles; bl To enjoy the rights of new plant variety protection title owners as prescribed in Article 27 of this Ordinance; c/ To fulfill the obligations of new plant variety protection title owners as prescribed in Clause 1 and Clause 2, Article 30 of this Ordinance. 2. The authors of new plant varieties, who are propaga\.in9 materials of the protected plant not concurrently owners of the protection titles of ·,,"1·:cfrJs for propagation for subsequent crops in such new plant varieties, shall have the following N,J. I fi (24-4-2004) OFFICIAL GAZETTE E / Tc "i m·e their ,iames insc1 ibed in the new plant Ii- ri,,ty prouction titles; ti To receiW.> remuneration:, paid by the owners ol tw new plant variety protection titles as pr 3 !:: crib e d in Clause 3, Article 30 of th is Grdina nee; cl To re.quE:!st competent bodios to handle infringements of the rights prescribed at Point a, Polr,t b of this Clause; d,' To assist the owners of new plant variety pr)kction ntles ir performing the obligation of pr,:c:-c erv g the propagating materials at the protected new plant varieties, Article 32.- Priority right to determine the date of submlssion of va!ld dossien; 1. If the owners of new plant varieties, that have surrn1itted dossiers of registration for protection of such new plant varieties in the countries which !i:::ue, togett·,er with Vietnam, signed or acceded to i.h,, i11:crnatiunai agreements on protection of new plant varieties, submit, wit\1in twelve mon1hs as from the c:ate of :wbrnission of dossiers in the foreign cuutuies, dossiers of registration for protection of such plc=tnt varieties in Vietnam, they shall enjoy the priority right to determine the date of submission of vaiid dossiers · fhe date o1 submission for the first valid dosslers in torcign countries is accepted as the date of subrr.i~>sicn Gf voJid dossiers in Vietnam. 2. Within ninety days as from the date of :sur rni.ssion t:f dc,ss:ers in Vietnam, the owners of ::LY' r•lant varieties must submit the copies of the iir~;r d.)ssiers of rnglstmtlCJ("\ for pmte.cti,oo ,,,,'\ ~cp2-i9n countries, with the certif lea tion of the dossier reu,ivi11g agenci%, and the samples of the plant ve:ri•~t:es aD evidences to prove that the new plant variet<os in Hie two dossiers are the same. The do;, ,i(HS of rt:,gistration for protection of new plant varieties in Vietnam must contain the request to enioy the priority right to determine the date of submission ol valid dossiers. Article 33.- Duration of protection of new plant varieties 1. The duration of protection of new plant varieties is twenty years for timber trees and twenty five years -for fJrapes, 2. Protection shall start from the date the dossiers of application for new plant variety protection titles a.re accepted as being valid by the New Plant Variety Protection Office. Article 34.-· Suspension of new plant variety protection titles 1, The Minister of Agriculture and Rural Development may suspend new pf ant variety protection titles. 2. New piant variety protection titles shall be suspended in one of the following cases: a/ Tile plant varieties no longer satisfy the uniformity and stability standards as when being granted the protection titles; b/ The owners of new plant varieties faif to supply documents and propagating materials necessary for the preservation and storage of such new plan1 varieties at the ruquests of competent State bodies; c/ Past three months counting from the prescribed date of subsequent payment of fees, the owners of riew plant variety proteciion 1it\es 1ail to pay fees for maintaining the validity of their new plant variety protection titles. 3. In tile duration when their new plant variety protection titles are suspended, the owners of new plant varieties shall not have the rights prescribed in Article 27 and Clause 1, Article 28, of this Ordinance OFFICIAL GAZETTE No. 16 (24-4-2004) 4. T·1ic, rww plant variety protoctlon titles shall ~;~i cun·,idercd fo1· validity resumption when their ,:Jwr:c r:; remedy the causes of suspension , , i"O,Y~ riL,,d ii, tr,is /utic;le. Article 35.- Cancellation of new plant variety uotecti:'.m tit!ef> 1. rro Minister of Agriculture and Rural Develop •iu,t :n.w cancel now plant variety protection titles. ~). N =;w p!a11t variety protection titles shall be r:.d!lC(,·lled in one of the following cases: .i/ The ovmHrs ot new plant v8.riety protection .l.!c~ 'O unl&H·ily propo:3e the cancellation: !1/ :·hfne arn evidences to prove that the owners ;-,-; i ,cv., ~fant vadety protection titles are not eligible ;,:-r be:nq granted the new plant variety protection \,lc8 <-.s prescribed by \aw; c/ The➔ plant varieties are not commercially novel, ; •o t dist: net as determined at the time of being qranted trie new plant variety protection titles. Chapter V Pl~ODUCTION, TRADING OF PLANT VARIETIES Article 36'.- Conditions for production, trading ot ,;naj,)r plant varieties 1, i.1 orcl~Yi' to produce major plant varieties for ccn r. n, ( i rda l purposes, organ izati ans and individuals :---.. .. wt tulh satisfy the fo\\ow g conditions: ,J r-"a ,::,[; -1:1e cc1 dficates of regdration for plant h/ ' !2. vi ng locations for production of p I ant provisions on e11vironmental pro1ection, plant protection and quarantine, and fisheries; c/ Having material foundations and technical equipment suitable to the production process and technlques of each variety, (,ach variety grade, promulgated by the Ministry of Agriculture and Rural Development, the Ministry of Fisheries; di Having or hiring technicians who have been trained in techniques of cultivation, aquaculture, plant protection; 2, In order to trade in major plant varieties, organizations and individuals must fully satisfy the following conditions: a/ Having the certificates of registration for trading of commodities including plant varieties; b/ Having business locations, material and technical foundations suitable to the trading of each variety, each varie1y grade; c/ Having technicians who are capable of identifying the tradeid varieties and firmly grasp the plant variety-preserving techniques; di Having or hiring staff and equipment for testing the quality of the traded varieties. 3. Households and individuals producing and/or trading in major plant varieties, which are not required to make business registration, shall not have to comply with the provisions of Clause 1 and Clause 2 of this Article but they must ensure the plant variety quality and environmental sanitation standards accordinn to the law provisions on plant p rotecUon and quarantine, environmental protection and fisheries. •,·,-, (ioii~ s which are in line with the planning of the Article 37.- Production of pure seeds i.lQl"iculturn service or the fisheries service and 1,:1itabi1~ to the production requirements of each 1. Pure seeds of major agricultural plants shall 1nriety, each variety grade; ensure the be produced in four grades: The grade at authored ,; Tfi ro n n 10 n tc:d standa rcls according to the law seeds, the grade of super-prototypal seeds, the grade No. 16 (24-4-2004) OFFICIAL GAZETTE r;f rrotolypal seeds, and the grade of certified seeds. E:ends of a lower grade are propagated from seeds ,:,' 1 hifJhcr grade accordin'.) to the process of ;1-c!ur;:irm of seeds of each geade, promulgated by lhc Minislr/ of ,1\gricu/ture and Rural Development. 1/v'here there exist no authored seeds for propagation of super-prolotypal seeds, the production oi t,uper-pr·ototypal seeds shall comply with the pro1;0ss of restoring super-prototypal seeds. :>. The Ministry of Agriculture and Rural Development sha!! promulgate the standards of ,::;JC~ grade of seeds and the process of restoring '..;11par-r>rototypal seeds. Article 38.- Production of perennial industrial p(ants and fruit trees, 1orest trees, ornamen1a\ p\.3.nts and other p\ants 1. Orqanizations and inciividuals producing ~wronnia\ industrial plants and fruit trees, forest trees by the, vegetative propagation method must prnpr1gate varieties from initial plants or from oi:cr<1e11.s of initial plants. 2. Orga11izations and individuals sowing and 1K1rsing forest trees must use seeds from maternal rJian/s, variety gardens or variety forests, which hn.w been evaluated, selected and recognized. 3 Orpa,1izations and individuals producing shon-torm industrial plants, fruit trees, ornamental plM•ls and other plants by the vegetative pr•lragatI0:1 method must follow the process r,:,r :m ;ul9ateci by ihe Ministry of Agriculture and Rural De V( •lop me 11t 0/ the Ministry or Fisheries. i For plant varieties put up in packings for '.r:-t1il 10, Hioii packings must hal/e labels containing \he h)\\owinc details: a/ The name of the plant variety; bJTne name and address of the producing and/ or trading establishment responsible for the plant variety; c/ Tho quantification of the plant variety; dJ Major quality standards; el The datei of manufacture; the expiry date; fl Preservation and use instructions; gl The country of manufacture, for imported plant varieties. 2. For plant varieties not put up in packings or with their labels not fully inscribed with the details prescribed in Clause 1 of this Article, au of these details must be printed. on paper sheets accompanying the plant varieties when sold out. Article 40.- Export of plant varieties 1. Organizations and individuals may export plant varieties riot on the lists of plant varieties banned from export, promulgated by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries. 2. If organizations, ind\vidua!s need to exchange with foreign coL1ntr/es plant varieties on the fists of p!at1t varieties banned from export for scientific research or other special purposes, they must ob1a 1he permission of the Minister of Agriculture and Rural Devefoprnent or the Minister of Fisheries. Article 41.- Import of plant varieties 1. Organiza1ions and individuals may import plant varleties on the tlsts of plant varieties permitted for production and trading. 2. If organiza1ions and individuals need to import p\ant varieties not yet on the list of plant variet/es OFFICIAL GAZETTE No. 16 (24-4-2004) :·,,,mn:ttfid for productinn and trading for research, '18.<,W/, ,rfal production or in other special cases, diey mll~;t obtain tt1e permission of the Minister of t\g~iculture and nural Development or the Minister ,:if Fishuies. Chapter VI M.AJJt1GEME>ff OF THE QUALITY OF PLANT VARIETIE:S t\rticle 42.- Principles ot management ot the ·1un I 1iy ( ,/ plant varieties (J11pnizations and individuals producing and/ or tmding in plant varieties must bear respons\b\lily iA !iY.' rp 1r.lity of tl1 e plant varieties they produce , -. 1,/J .:.., ,- rr,dc i1, th rough publici;;:i ng the quality ,,,a:1durds and 1he conformity of the quality of plant ,rirk:,tiet with Ire standards. ,t.nicle 43.- Quality standards of plant varieties 1. n:e system of quality standards of plant '--8ripti;Js consists of: c,/ Vidnamese standards; t)/ Drn11d1 standards; ci Th<:: unit's standards; d/ hL:rn,~tio11a.l titandards, regional standards, \·:rci•/(, ,-tandards applied in Vietnam. ?. !liG cornpetence to promulDate the lists of ~ ! ant v n ri eti e :, subj eel to the ap pl i cation of ;--t::1wj2rcs is prf:,~.;cribed as follows: R/ The Ministry of Science and Technology f,-rnmu:gaie the iist of plant varieties subject to the f;npiic:gti,m of Vietnamese standards; b/ The Ministry of Agriculture and Rural i. >Jvc !cp1no r,t, the Ministry of Fis he ;ies promulgate ihic li~-:t; of pl8.nt varieties subject to the application o' bn~;id, standards, Article 44." Publiciz.ation of quality standards of plant varieties i. Organi2.ations and individuals producing and) or \rading in plant varieties on the lists stated at Point a, Point b, Clause 2, Article 43 of this Ordinance must publicize the quality standards of the plant varieties which they produce and/or trade in; the publicized standards must not be lower than the standards prescribed at Point a, Point b, Clause 1, Article 43 of this Ordinance. 2. The State encourages organizations and individuals to voluntarily publicize the quality standards ot plant var\e1\es which are not on the lists stated at Poin1 a, Point b, Clause 2, Article 43 of this Ordinance. 3, The order and pmcedures 'for public12.ing t'rle quality standards of plant varieties shall comply with the law provisions on goods quality. Article 45.- Publicization of the quality standard conformity of plant varieties 1. Organizations and intiividuals producing and/or trading in plant varieties, when publicizing the quality standard conformity, must base themselves on the following grounds: a/ The quality certification results of the expertisin g, lesti ng establishments, for plant varieties on 1he lists of plant varieties subject to quality standard conformity certification prescribed in Clause 2, Clause 3 of this Article; b/The results of evaluation by the organizations, individuals themselves or the results of evaluation by the expertising, l€isting establishments, for plant varieties not on the list of plant varieties subject to quality standard conformity certifica1ion prescribed in Clause 2, Clause 3 of this Article 2, The Ministry of Science and Technology shall OFFICIAL GAZETTE r•romul[Jate H1e list of plani varieties subject to organizations, individuals. ,:e:•iificatic,n al quality conforrnity with Vietnamese :·: ts ndards. 3. r1c, Ministry ot Agriculture and Rural Development, the Ministry of Fisheries shall ucrr:ulr,au the lists of plant varieties subject to ,·.e, 1ificatinn of c;uality conformity with branch ,,tan d a rds. 4. The order and procedures for publicizing the r1 unhty standard conformity of plant varieties shall cDrnpiy with the law provisions on goods quality. 4rticle 46.- Expertising, testing of the quality of pla0t varieties 1 ThP. expert/sing, testing of the quality of plant v01reties shall be conducted by the establishments providing f,Xpe rtlsing, testing services. ?, The establishments providing plant variety CfJ<' lity-cxpertising, -testing services must fully s:1Hsfy the following condltlons: ni Having adequately equipped expertising hboratorie,, satis1ying the plant variety-expertising, tJsting requirements; hf Having equipment and facilities for con1rolling s ni, i i'Gn mental conditions satisfying the p !ant varic1ty-expe rtl~ing, -testing requirements·, ,:/ Having or hiring technicians who have been granted the certificates of training in expert\s g, i:l)stng p1ant varieties. (,. T\·10 m,ta\)\ishments providing p\ant variety q, 1a 1il1,H:,xporti:;in[1, -testing services must bear r,, os po risibility for the results of expertise, tests c, nduGled !)Y themselves. 4 "<he r-xpcmes for expert\s g, testing shall h c, paid by the expertise-, testing- requesting 5. The Ministry of Agriculture and Rural Development, the Min is try of Fisheries s hal I recognize and manage the establishments providing plant variety qua/ity-expertising, -testing services. Article 47.- Quarantine of plant varieties Organizations and individuals selecting, creating, producing, 1rading in, and using plant varieties must comply with the law provisions on plant protection and quarantine. Chapter VII INSPECTION AND SETTLEMENT OF DISPUTES Article 48.- Plant variety inspectorate The plant variety inspectorate is a specialized inspectorate, The organization and operation of the specialized plant variety inspectorate shafl comply with the law provisions on inspection. Article 49.- Settlement o1 disputes over copyright of plant varieties, protection of new plant varieties Disputes over copy rig ht of plant varieties, protection of new plan\ varieties shall be se\\\ecl by People's Courts according to law provisions. Chapter VIII IMPLEMENTATlON PROVISIONS Article 50.- Implementation effect This Ordinance takes effect a.s from July 1, 2004. OFFICIAL GAZETTE No. 16 (24-4-2004) 1, :1c1e 51 . ., \ff1p\ementation gu\dance n1e Governrnent shall detail and guide the irnplerrentation of this Ordinance. On behalf of the National Assembly Standing Committee Chairman NGUYEN VAN AN CHDEf1 No. 04/2004/L-CTN OF APRIL 5, 2004 F.HOMULGATING THE ORDINANCE OF THE N t;nor ~AL ASSEMliLY STANDING COMMITTEE THE STAfE PRESIDENT OF THE SOCIALIST REPUBUC OF VIETNAM Pursuant to Articles 103 and 106 of the 1992 C'.)nstitut1nn of the Socialist Republic of Vietnam, v/i1Jch 1w1s ame'?ded and supplemented under i-;' 00 .:,:.,/uiion No 51/2001101-f 10 of Oec3mber 25, 2001 (> . ':·, : 'i" ~;a: .. :·:ic7 of thE Xth National Assembly; f 'ur., Lid! I lo .Arlie!& 19 of the Law on Organization oi :J;r; /\'aiiondf A..:sembly; Pursw.:nt to A rficle 51 of the Law on Promulgation of Legal Documents, HEREBY PROMULGATES: ';"he ,J:dinn:1cn or. L.ivestock Breeds , 1,hir;:1 Nas adopted on March 24, 2004 by the Si:1ndin J Corrnnil':ee :if the Xl th National Assembly of the Socialist Republic of Vietnam. State President of the Socialist Republic of Vietnam TRAN DUC LUONG ORDINANCE ON LIVESTOCK BRE·EDS (No. 16/2004/PL~UBTVQH11} Pursuant to the 1992 Constitution of Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 5112001/0H 1 O of December 25, 200 I of the 1 oth session of the xth National Assembly; Pursuant to Resolution No. 21/2003/QH11 of November 26, 2003 of the 4 th session of the Xffh National Assembly on the 2004 law- and ordinance making program; This Ordinance prescribes livestock breeds. Chapter I GENERAL PROVISIONS Article 1.- Scope of regulation This Ordinance prescribes the management and conservation of livestock gene sources; research into, selection, crnation, assay, testing and recognition of, new livestock breeds; production and trading of livestock breeds; management ol the quality of livestock breeds. Article 2.- Subjects of application This Ordinance applies to Vietnamese \Jo. f 6 (24-4-2004) OFFICIAL GAZETTE ,JrJani?ations and individuals, foreign organizations and individuals, that are engaged in the field of i!v1:;stock breeds in the Vietnamese territory. Ir cas,,s where international agreements which Vi )tnn rn ha~; s:g ned or c cceded to cants in 1 ,r<1'1isiom: different from those of this Ordinance, ~,u<:;ii inten,ational agreements shal'I apply. Article 3.- Interpretation of terms In this Ordinance, the terms below are construed f"lS follows: 1. Livestock breed means a population of li,1e8tock of the same species and 1he same stock, having similar appearance and genetic structure, ha•1;n9 bcwn g~)nerated, consolidated and developad by human manipulations; a livestock b:egd must h,we a certain number of lnd\viduals f,1r multiplication and inheritance of its cl1aracteristics by offspring generations. Livestock breeds include cattle, poultry, bee, siHcNom1 2nd aquatic animal breeds and their bteedlng products such as sperms, embryos, breuding eggs, larva and breeding genomes. :: . PureiJred livestock breed means a breed s::;1.bie in terms of genetics and productivity; ichr,t)cal in terms of genotype, appearance and di~,e·c.cse resistance. 3. f-'rotc/ypal breed stock means a stock of pursbred domestic animals or a stock already Sf,lected created or reared for production of grand pa rental stocks. 4. Grandparental breed stock means a stock of k,•,1 o:oV~ Ar.irn; 1ls mul\ipl\ed frt)m pro1olypal stock i"u;· p"oduGtic:n of parental stocks. 5. Parental breed stock means a stock of rL ,wstic animals multiplied from grandparental ,,teer for pruduction of commercial stocks. 6. Nucleus stock used in large-scale cattle breeding means the best stock, with a clear source and origin, reared and selected according to a certain process in order to obtain a. high genetic advance, for the purpose of producing breeding stocks. 7. Breeding stock used in large-scale cattle breeding means the stock descended from nucleus stock for production of commercial breeds or selected for addition to nucleus stock. 8. A commercial breed means a stock of domestic animals descended from parental stock or breeding stock. 9. Fake breeds mean breeds inconsistent with labeled breed names. 10. Breod selection means the use of technical measures to select and keep as breeds individuals having tavorable properties wh\ch saUsiy human requirements. 11. Breed creation means the selection and cross-breedino or use of other genetic technical measures to create a new breed. 12. Breed improvement means the change of one or many charac.ter\stics of existing breeds by means of cross-breeding to obtain better corresponding characteristics. 13. Inspection of individual productivity means the assessment of productivity and quality of breed animals before putting them into use. 14. Zygote means a cell formed by 1h e union of a spermatozoon and an egg. 15. Embryo means a zygote already developed through different stages. 16. Livestock gene source means whole living animals and their breeding products carrying genetic information, capable of creating or taking part in creating new livestock breeds. 17. Conservation of livestock gene sources means the protection and maintenance of livestock OFFICIAL GAZETTE No. 16 (24-4-2004) 18. Assay of livestock breeds mearo.s the tending, rearing and monitoring under certain conditk;ir sand within a. given duration new Hvestock l:ire·.?d~, Lnported for the first time or new livestock Limods created at home, in order to determine their 0istinc'.n(~ss, stability and uniformity in productivity, c:ualiiy and disease resistance, and assess their harms. 1 D. Testir:g of livestock breeds means the (': check: ng and reassessment of productivity, c:t;ality c.rnd disease resistance of livestock breeds ~. rter tr·,e:1 f1r8 ptt to production or serves as basis l<;r· anr1ounclng that Hie quality of suct1 breeds cc'.,r1fonnf witr; the standards. 20. Geneticalfy modified livestock breeds mean ti 1M0 blo'aring a new combination of genomes (-\ON) received through the use of modern biological technology. 21 . Clx1ed livestock breeds mean those created by cloning techniques from a vegetal cell. 22. N/Jw live.stock breeds mean new breeds c1eatod er imported for the first timH but not yet on ti:,J iic:;t Jf livestock breeds permittec\ tor production £1:ld t~adi:ifJ. . i.1rticl-":! 4.-- Pi"inciples for activfties related to li·i''Jstock broeds l. The f,labo,ation of strategy, planning and p:ans on development of livestock breeds must be in iinc with the ovGra!l socio-economic development µbn111ng Jr \he whole country and each locallty. 2. Clcse rna.nagernent of livestock breed production and trading by production and/or business establishments of all economic sectors. 3. Assurance c,f good quality of livestock breeds, w·.:ici, 1,a,.., S8tisty H1e production development demands, food hygiene and safety and environmental and ecological protection. 4. Application of scientific and technological advances to the rE1search into, selection, creation and production of livestock breeds; combination of modern technologies and people's experiences. 5. Promotion of autonomy, guaranty of equality and legitimate interests of organizations and individuals in lives1ock breed-related activities. 6. Conservation and rational exp I oitation of livestock gene sources; assurance of biological diversity; combination of immediate interests and long-term interests, guaranty of the entire society's common interests. Article 5.- The State policies on livestock breeds 1. To ensure the development of livestock breeds along the direction of industrialization and modernization on the basis ot livestock breed development strategy, planning and plans. 2. To pdoritize investment in activities of collecting and conserving precious and rare livestock breeds; to research into, select, create, assay and test new livestock breeds and keep purebred livestock breeds, prototypal, grandparental and nucleus breed stocks with high productivity and quality . 3. To encourage and support organ[zations and individuals tasked to multiply or raise purebred livestock breeds, prototypal, grandparental and nucleus breed stocks. 4, To encourage organizations and individuals to invest in, conduct scientific researcJ1es into, and apply scientific and technological advances to livestock breeds; to construct infrastructure and develop human resources for livestock breed activities. 5. To encourage organizations and individuals to produce and use new livestock breeds; or Mo. 16 (24· 4-2004) OFFICIAL GAZE.iTE par1icipate :n insurance for livestock breeds. f; To '.'.,Upport the restoration of livestock breeds in cases vvhere natural disasters or enemy r,;,b,)1ages cause serious consequences. hrticho. f.~ G,,meticaHy modified livestock breeds r-ir:d cloned livestock breeds The research into, selection, creation, experimentation, production, trading, use, iniarnatlonn.l exchange o1 genetically modified !ivosiock breeds and cloned !i11estock breeds and ofr·e:· activities related thereto shall comply with the G,Nornrnent's regulations. Article 7. - Responsibility for Slate management O"JN iivestock breeds 1 . The Government shat! exercise the uniform State management over livestock breeds. :?. The Ministry of Agriculture and Rural !kv0:opmont stiall be responsible for performing \',v, S,ate management over agricultural livestock treecis nat\onwide. "Cha Ministry of Fisheries shall be responsible for pe,form1n9 the State management over aquatic llve::,tc,ck breeds nationwide. :., -,-he t,1lnlstdes and rnln\sterial-level agencies s113J:, wiihin the ambit of their respective tasks and powers. have to coordinate with the Ministry of /\JriGu\i.ure 0.nd R1na\ Development and the Ministry :);' F!sf ,erie.,, ii: performing the State management ov2r li'/estock breeds. 4, 1·ne Peo)ie'~: Committees ol all levels shall be :•:'.'\'x:inrdble for organizing the State management 'Y/cr livt1stock breeds in their respective localities. httcle 8.- ~-::onimendation I. Oroaniz,tions and individuals that rocord achievements in livestock breed-related activities or make merits in detecting and preventing acts of violating law provisions on livestock breeds shall be commended and(or rewarded according to the law provisions on emulation and commendation. 2. The Slate honors organizations and individuats tha.t record outs~anding achievements in selecting and creating new Hvestock breeds. Article 9.- Prohibited acts 1. Producing and trading in fake livestock breeds, Hvestock breeds not up to the quality standards, and/or breeds not on the list of livestock breeds permitWd for production and trading. 2., Sabotaging and misappropriating l\\1estock gene sources, illegally exporting precious and rare livestock gene aources. 3. Experimenting new disease germs, veterinary drugs, growth stimulants and livestock feeds in the llvestock breed produc1ion areas. 4. Obstructing lawful activities of researching in to, se f ecti ng, ere a ting, assaying, testing, produdng and trading in livestock breeds. 5. Producing and trading in livestock breeds harmful to human health, livestock gene sources, env~ronment and ecolog\ca! systen\. 6. Announcing quality standards, making advertisements and/or supplying information which are untrue to livestock breeds. 7. Other acts prescribed by law. Chapter II MANAGEMENT AND CONSERVATION OF LIVESTOCK GENE SOURCES Article 10,H Management of livestock gene sources OFFICIAL GAZETTE No. 16 (24-4-2004) 1. Livestock gene sources constitute a national propc1·t1 uniformly managed by the State. :, When nri::;e demands for exploitation and use c'. \i 1c:;tock gene sources H1e State's co;·1sor- 1ation zones, the permission of the Ministry of /1(;riculture and Rural Development or the >A1nis';ry of Fisheries is required. 3. Organizations and individuals shaU have to pa1·Udpa.te in the management o1 livestock gene soiJrce~; in their localities. Article 11.-Contents of conservation o1 !lvestock ·1. l11vcstigating, surveying and collecting iivo~4ock gene sources suitable to characteristics ,.-nd properties of eact1 livestock species. 2. Conserving for a long term and in a safe manner the gene sources already determined being compatible with specific biological cliuraot,:;ristics of each livestock strain. 'J. Ac,:wssing g2ne sources according to the lio:ogical criter:a and use value. 4. E;,tablishing the database and system of info1-r:1ation and documents on livestock gene other relevant law provisions. 3. The Ministry of Agriculture and Rural Development ancl the Ministry ot Fisheries shall periodically publicize the list of precious and rare livestock gene sources which need to be conserved. Article 13.- Exchange of precious and rare livestock gene sources 1. Organizations and individuals are allowed to exchange precious and rare livestock gene sources in service of research into, selection and creation of new livestock bmeds, and produce and trade in them according to the regulations of the Ministry of Agriculture and Rural Development or the Minis1ry of Fisheries. 2. The international exchange of precious and rare livestock genE~ sources must be permitted by the Ministry of Agriculture and Aural Development or the Ministry of Fisheries. Chapter/II RESEARCH INTO, SELECTION, CREATION, ASSAY AND RECOGNITION OF NEW LIVESTOCK BREEDS Article 14.M Research into, selection and Article 12.- Collection and conservation of creation of, new Hvestock breeds ureciow, and rare livestock gene sources 1. Vietnamese and foreign organizations and ·t. n· 1:, State shall invest in and render support lndividua\s are allowed to research into, select and ',i•t· 1!:o cuilcction ar~d conservatior of precious and create new livestock breeds in the Vietnamese ·t·i"C ,i ;cstock gene sources; buila es1ablishments territory. fur kfcpinq precious and rare livestock gene ,.;ources: anrJ preserve precious and rare livestock The research into, selection and creation of, new qene :..;ourcet\ in localities. livestock breeds must comply with the provisions ?. Oiganizatiom, and individuals shall have to conserv,~ precious and rare livestock gene sources ,tccordirig to ~he provisions of this Ordinance and of this Ordinance, the legislation on science and technology and other relevant law provisions. 2. The Ministry of Agriculture and Rural No. 16 (?4A-2004) OFFICIAL GAZETTE U,;v2loprne:1t c,nd the Ministry of Fisheries shall rktcrrnine scientific and technological tasks 'r, J< rdin(J Jives loch breeds suital)le to requirements o1 e, ich period, in order to raise productivity, quality nncl compelit1vcness of products of the husbandry a;:d fo,hery branches. ,uticie 15.- Assay of new livestock breeds 1. Nev,1 livestock breeds shall be recognized and dossiers. In case of refusal, the reasons therefor must be clearly stated. 5. Organizations and individuals having new livestock breeds sha\1 choose by themselves !he assay establishments accredited under the provisions of Clause 1, Article 16 of this Ordinance to sign assay contracts and shall bear assay exrvcnses. put ,Jn the 'ists of livestock breeds permitted for Article 16.·- Es1abllshments for assaying new prrJC:uction and business promulgated by the livestock breeds Mini:;try of P,griculture and Rural Development and fr1f' rdinisl!y ,)f Fisheries only after they are assayed with results as required. 2. Assay contents include: ai Detennination of distinctness, stabinty and un:fcnnity in productivity, quality and disease :·,:·,istancc, cf new livestock breeds; h1 f;.ss0si;ment of harms of breeds. 3. Oruanization$ and individuals that have new Hw mock tm,eds snail have to compile and send ,J:x:siers of ttpplication for assay to the Ministry of .Ag,iwlture and Rural Development or the Ministry o! Fisheries. Each assay application dossier CGrnrrises: ::i./ An applicatiot'I for assay; .)/ Fiie~, 011 livl,stock breed, clearly inscribed with n:c· b,"Ced nome, breed quality and grade, origin, qu,,ntitv. oc 1mo--technical criteria and technical p10:::rss for \ending and rearing breeds; ;/ The projected assay esta!Jlishmenl. iJ-. The /\·1inistry of Agriculture and Rural 1hve1.oprner1t or the Ministry of Fisheries have I 8Si)OMSibil ity: ,i) ro rccei.ve n11ct examlne c:ossiers; , 1/ Io rupl I in wnti ng about the acceptanc(: of i'.co:.,o.y ,vi1hin 15 days after rE)ceiving the valid 1 . Es1ablishments 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; bl Having locations suitable to the planning and ensuring veterinary and environmental sanitation according to the \aw 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 eac\'\ qua\itJ gm.tie o~ breeds. \j/ Having or hiring 1echnicians specialized in r1usbandry and veterinary medicine or aquaculture. 3. Establishments for assaying new livestock breeds !1ave the responsibility: a/ To organize the assay of new livestock breeds according to the assay process app!icab!e to each l'1vestock species and each quality grade of breeds, promulgated hy the Ministry of Agriculture and Rural Development or the Ministry of Fist1eries; OFFICIAL GAZETTE No. 16 (244·2004) h' 'o IJear legal liability for results of assays 1. Organizatlons and individuals that produdng alre,>dy conducted. and/or trading in livestock breeds must fully satisfy the following conditions: Article '/ 7.- Naming of new livestock breeds ·1. Fa.er, livestock breed shall be glven only one c"l~'J;r•Jr,i iat8 ll,'lme. 2 1 he fol!owing cases of naming new livestock breeds sr1al! not be accepted: ai f,oing identical or similar to existing breed b/ Consisting of only numerals; c/ Violating social ethics; di Being easily contused w\th propert\es and characteristics of such livestock breeds. A1tide 18.-Recognition of hew livestock breeds ·1. N9w livestock breeds shall be recognized only v;hcr· they satisfy the following requirements: ,1/ Having assay results obtained frorn 'iSt[!b(if,hr:1en1B for assaying new livestock breeds; b/ h'°1vin~1 their a$say results assessed by a :,:pecialized scientific council, whlch ls set up by 1hc i'l/iinisier of Agriculture and Rural Development ,:H th'.'! Minister o( Fisheries and proposes the ·,,GorJnition of the new livestock breeds. 2. Hie Minister of Agriculture and Rural DG'.te·o;Jmcnt or the Minister of Fisheries shall :::-:,n,;klu and decide on the recognition of new :ivcstoc'-< breeds and incorporate them in the list of ;1\10'.,l.Jck breeds permitted for production and ;radmJ. Chapter JV uv:·~sTOCK BREED PRODUCTION AND TRADING A riic le 19. - 1,ond itio ns for producing and I rading a/ Having certificates of registration of business in livestock breeds; b/ Having locations for producing and/or trading livestock breeds suitable with the planning of the agriculture or fisheries sectors, and ensuring the standards of veterinary sanitation and environmental protection according to the law pmvisions on ve\erinary medicine, fisheries and envi ro nme nta I protection; cl Having·rnaterial foundation and technical equipment an·d facilities compatible with the production and trading of each Uvestock species and each quality grade of breeds; di Having or hiring technicians trained in husbandry and ve1er ary or aquaculture techniques if they produce or trade in parental breed stocks or commercial breeds; el Having or hiring technicians possessing university degrees in husbandry or veterinary medicine or aquaculture if they produce or trade in purebred llves1ock breeds, proto1ypal breed stocks, grandpa rental breed stocks, nucleus breed stocks; fl Having dossiers for monitoring breeds; g/ Carrylng out the technical process for producing livestock breeds, promulgated by the Ministry of Agriculture and Rural Development or the Ministry of F"isheries. 2. Households and ind'1viduals that produce and trade in livestock breeds in traditional torms and are not subject to business registration shall not have to comply with the provisions in Clause 1 of th'1s Article, but must ensure the veterinary sanitation and environmental protection standards according to 1r1e law provisions on veterinary medicine, fisheries and environ men ta I protection. A rticfe 20. - Production of, and trading in, Nll. 16 (24-,1-2004) OFFICIAL GAZETTE sr"t,I111:;, ·,,rnbryos, breeding eqgs and larva ·1. 01·~;ardzations and individuals that produce n:,ci-'or trade in breeding sperms for artificial fr,, t1lization and embryos must satisfy the following requirements: a' r hE.c conditions prescribed at Points a, b, c, e ,:rnd f. C!c:1w,e 1, Article 19 of this Ordinance; b·' Havinu or hiring technicians already granted c\1 ,\orna,, er cert\-ficates of training in arliiic\al ferti1:zati011 and embryo-implanting techniques; ci Breeding males and females which give :::rnb·yos must originate from breeding establish mo nts, •.vhich have gone through individual Droductivity inspection, quarantine, have clear !Jc.1-::::k;J1·ounds a.nd been reglste:ed with competent St2tE agencies; d/ Not exploiting or using sperms ot breeding ,ns!es and eggs of breeding females in epidernic str1cken areas; 21 f'.mbryos shall only be exploited from purebred \iVGstock breeds, prototypal breed stocks, qram:parental breed stocks, nucleus breed stocks; fl Complying with the regulations on mannqement, exploitation and use of sperms and erruryos and environment for preservation and preparation of sperms and embryos, promulgated t1· v \\',e- M\11\stry of Agricu\ture and Rural Dove:opmi-int or the Ministry of Fisheries. ?. Houschoids and individuals trading in b1T,dinn male buffaloes, bulls, boars, goats, sheep cmi r:orscs for direct breeding, or breeding male r~nt' ternale aquatic animals rnus\ satlsty the !olicwlnn requirements: ,/ Jrcedir:g male buffaloes, bulls, boars, goats, .',h!')8f-, and horses must be registered by such no:, 30hoids a0d individuals with the commune"level lo/ F\r"(.!edincr m,lle buffaloes, bulls, boars, goats, sf1eep and horses, or breeding male and female aquatic animals must have clear origin and have been given veterinary quarantine; c/ Complying with the regu\ation on management, exploitation and use of breeding male buffaloes, bulls, boars, goats, sheep and horses; or breeding male and female aquatlc animals, prom u/ gated by the Min is try of Ag ricul tu re and Rural Development or the Ministry of Fisheries. 3. Organizations and individuals producing and/ or trading in breeding eggs and larva must satisfy the following requirements: a/ The conditions prescribed at Points a, b, c and e, Clause 1, Article 19 of this Ordinance; b/ Breeding egg.s and larva shall on\y be exploited from purebred livestock breeds, pro1otypal breed stocks, grandparental breed stocks, parental breed stocks; cl Having or hiring technicians already granted diplomas or certificates of training in incubation techniques or breeding technologies; d/ Comply with the regulation on management, exploitation and use of breeding eggs and larva promulgated by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries. Article 21.- Uvestock breed labels 1. Livestock breeds contained in packages, when being traded, rn ust be labeled with the following contents: a/ Names of livestock breeds; b/ Names and addresses o1 production and/or trading establisl1ments; c/ Quanm\cat\on o1 livestock breeds; d/ Major qua:ity standards; e/ Date of prnductiort, use expiry date; f/ Preservation and use instructions. OFFICIAL GAZETTE No. 16 (24-4-2004) :? Uvestric•, breeds not contained in packages n1us1 b0 accompanied with breeding dossiers, clearly statir:g thr:,ir names, ot·igins, econo-technica! criteria. lf'chnical procoss tor tending and rearing them. Article 22,, Export of livestock breeds l. Droanizalions and individuals may export ii /~::;, o';i< br;,eds r,ot on the list Oi livestock breeds :lanLed from '.:Xport promulgated by the Ministry •Jf /:,,;ir:r::uiturc and Rural Development or the r,1~:1~;,,tr/ of Fis'.1eri<.:,s. 2. Organiwtions and individuals that exchange wi1h fo,·eir;n countries precious and rare livestock nreedfi on the list of livestock breeds banned from '.:,;,, pc rt L,r c;c 1e ntif ic re search or other special pr,~pose::; must be permitted by the Minister of ,\q6c·J!it H"B and Rural Development or the Minister A:ticlt) 23.- Import of livestock breeds 1. Organizations and individuals shall only be p0nn!tterJ to import livestock breeds on the list of livesto,JI, breeds permitted for production and tmdir,g. The 1inp0rl of sperms and embryos must be : ) o c :' , ; ttc d by u~ e iVi in btry of Ag ricu!ture and Rum l · 1f:'\.-c o, 1! nv, t u tho rviinistry of F:sherios. ?. Crwrnizntio11s and individuals that impOl'I H·F) ,:, t x I, brne is 11ot yet on the list of livestock in·enc s ;J8 nnittHd for p:-od uction and trading for the pu:·r--.,r:,,,A,~, o'i research, assay, 1nspect'1on or 'rn other :, pw:ia[ cas0$ must obtain per·mission of the :1.r,i11isrer of /\.gnculture and Rural Development or i!1e i\.i:tfster of Fisher-ies. Chapter V MANAGEMENT OF QUALITY OF LIVESTOCK BREEDS A1ticle 24.~ Principles for management of quallty of livestock breeds Organizations and "individuals producing and/ or trading in livestock breeds must be responsiole for the quality of livestock breeds they produce and/ or trade in through the announcement of quality standards and quality of livestock breeds in conformity with E;uch standards. Article 25.- Livestock breed quality standards 1. The system of livestock breed quality standards consists of: a/ The Vietnamese standards; b/ The branch standards; c/ The establishments' standards; di International standards, regional standards, foreign standards permitted for application in Vietnam. 2. Competence to promulgate the list of livestock breeds subject to the application of standards is prescribed as follows: a/The Ministry of Science and Technology shall promulgate the !'1st of nvestock breeds subject to the application of the Vietnamese standards; b/ The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall promulgate the lists of livestock breeds subject to the application of their respective branch standards. Article 26.- Announcement of livestock breed quality standards 1. Organizations and individuals producing and/ or trading in livestock breeds on the list mentioned at Points a and IJ, Clause 2, Article 25 of this Ordinance shall have to announce quality standards of livestock breeds they produce and/or trade in; the announced standards must not be lower than the standards prescribed at Points a and OFFlCIAL GAZETTE '.:, '..>au:,E 1. Ar1rcle 25 of this Ordinance. 2. The Stak encouragos 0fganizations and I::,; :v: r J. t~n 1r, /c vob.1 riti 1-ri I y anno un :E) quality standards > iv,-~.t,:;,:k ;:·re,1ds not on the lists mention<1d at ?r:: nf.'; ii. snd 'J, ciau:;e 2, Article ?5 of this Ordinance. 3. The: o:der and procedures tor announcing ti1..·0.stuc!-c: t:re'.:ld qua!ity standards shall comply with the lc:w provisions on goods quality. .ll1ilcl1~ 2?.~ J nouncement of livestock breed uu,~lit/ in conformity with standards : . :)rga11izations and individuals producing and/ c i :· ra :::f i nrJ in livestock breeds, when announcing th,,i standard conformity quality, must base t1wm~·olves on one of the following grounds: U The results of qtrnlity certification by insr·eclion establishments for livestock breeds on the :isl of livestock breeds subject to certification .-.:l '/ 1n1ard contorrnily quality prescribed in Clauses ~,r,d ') of thi:~ Article. 'c/ -.-h(o i;:;sults of self-assessment by organiza ;'r,i-;' ,·r,d 'n,di,.>lduals or the msuts ot assessment , ·/ :.-\s,>Jction ostabl\shmen1s regarding livestock ur,.,cds not on the list of livestock breects subject to ,,~:-rt;fi . .:;ati::in of standard conformity quallty ptust:ribed in Clauses 2 and 3 of this Article. ?. T;1e Ministry of Science and Technology shall prurnu!gate th~1 list of livestock breeds subiect to ::edification of quality conformity with the '/i,J tn a IT!e s e standards. :: .. n, -" l\,1i•1i~try ()T Aqriculture ar J Rum\ Develop . kl'' a11,:1 t,rw IV inisiry of Fisheries st1a/l promulgate t>,c lii:t" Gf livestock breeds subject to certification , ; i ·:i•;. lli v ;;onfc.rmi:y with the branch standards. ,:; . :he order and proceciu res for announcing the ;ivu: :hck hrced quality' in conformity with the ·;trnci:irds shalt comply with the !aw provisions on JOUd~; cuality. Article 28.- Testing of livestock breeds 1. The tes1ing of livestock breeds shall be conducted by testing establishments accredited by the Ministry oi Agriculture and Rural Development ot the Mlnistry o~ Fisheries. 2. Livestock breed-testing esta.blishments must fully meet the following conditions: al Having certificates of registration of activities of testing livestock breeds, granted by competent State agencies; bl Having appropriate locations, ensuring veterinary sanitation and environmental protection according to thEi provisions of the legislation on veterinary medicine, the legislation on fisheries and the legislation on environmental protection; cl Havfng material foundations and technical equipment and tacillties suitable for the testing of each livestock species and each quality grade of breeds; d/ Having or hiring technicians specialized in husbandry and veterinary medicine or aquaculture. 3. Livestock breed-testing establishments have the responsibility: al To organize the testing of livestock breeds according to the testing process applicable to each livestock species and each quality grade of breeds, promulgated by thEl Ministry of Agriculture and Rural Development or the Ministry of Flsheries; bl To be responsible for results of already conduc\ecl test'1ng . 4. Testing expenses shal! be paid by testing requesting organi7.alions and individuals. In cases where the \esting establ"rshments attlrm that livestock breeds are inconsistent with the assay results or their quality does rtot conform with the announced breed quality, the ass,.1y ·establishments or organiz.ations anct individuals producing and/or trading in livestock OFFICIAL GAZETTE brf-:t:id'.'.., rr1t1:ot compensate for expenses for testing :·c,au JcJinG orr;aniza.tions and individuals. Article 29. - Quarantine of livestock breeds (.rganiwtir.,ns and individuals that select, create, r:rco:Jc:c, trade in and/or use livestock breeds must Ccwciucl fr,e quc.rnntine accordlng to the law pmv;sions on vetf.-lrinary medicine. Chapter VI Jf,;SPECT!ON AND SETTLEMENT OF DISPUTES hrtide :3D.- Livestock breed inspectorate T:iE lives to ~k breed inspectorate is a specialized ·1 '"10. 1Jrganirntion and operation of the livestock hroed soecialized inspectorate shall comply with tr,e h.v, pro'!isions on inspection. t1tticle 31. - Settlement of disputes over c0r,yf1nr1t of livestock breeds Disputes over copyright of livestock breeds shall be .':'etlied by People's Courts according to law provisions. Chapter VII IMPLEMENTATION PROVISIONS Article :;12.- Implementation effect Thi, ; Ordin:-rnce takes implementation effect as 'mr' ,J uiy i , 21104. I\ rticle :i'3. - Implementation gu id a nee T.w Go,1unmenl details and guides the :mplomenlation of this Ordinance. On behalf of the National Assembly Standing Committee Chairman NGUYEN VAN AN No. 16 (24~4-2004)