Law

The tragicomedy of DNA testing for cows

Dang Cuong DNUM_CAZAEZCACF 18:37

When the mediation failed, the two sides were forced to go to court to settle the ownership of... a cow. The authorities even had to conduct a DNA test to establish a legal basis. This seemingly rare story has occurred in many localities, stemming from the habit of grazing buffalo and cows freely - a long-standing custom that is causing many consequences.

DNA testing... for buffaloes and cows

The People's Court of Tuong Duong district has just resolved a cow dispute case using DNA testing. According to the case file, Mr. Lo Van Thuong (born in 1963) and Ms. La Thi On (born in 1981), both residing in Yen Hop village, Yen Hoa commune, both affirmed that the 3-year-old cow, worth about 5 million VND, was born to a mother cow in their herd. However, due to the lack of specific identification marks, the two parties could not prove ownership in the usual way.

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The cow disputed between Mr. Lo Van Thuong and Mrs. La Thi On, both residing in Yen Hop village, Yen Hoa commune, Tuong Duong district. Photo: Be Nguyen

The People's Committee of Yen Hoa commune has repeatedly organized mediation but failed, so Mr. Thuong submitted a petition to the court to intervene. Considering the complexity of the case, the People's Court of Tuong Duong district decided to conduct a DNA test to determine the blood relationship between the disputed cow and the mother cow samples provided by both parties. The sampling process was carried out publicly, under the supervision of the district People's Procuracy and relevant agencies.

Results from the National Institute of Animal Husbandry (under the Ministry of Agriculture and Rural Development) showed that the disputed cow belonged to Ms. La Thi On's household. Mr. Moong Cong Hai, Chief Justice of the People's Court of Tuong Duong district, said: DNA testing ensures objectivity and science in resolving property disputes involving buffaloes and cows. Based on the results of the National Institute of Animal Husbandry's testing, the Court decided to hand over the disputed cow to Ms. La Thi On's family. At the same time, Mr. Lo Van Thuong must bear all testing costs according to the previous agreement. The plaintiff also withdrew the lawsuit against the property dispute. According to the agreement, Mr. Thuong must pay up to 7.8 million VND, including on-site appraisal and DNA testing costs, exceeding the value of the disputed cow.

Cơ quan chức năng lấy mẫu giám định ADN đối với con bò tranh chấp giữa hộ ông Lô Văn Thương và bà La Thị Ỏn cùng trú tại bản Yên Hợp, xã Yên Hòa, huyện Tương Dương. Ảnh: Bé Nguyễn
Authorities took DNA samples for the disputed cow between Mr. Lo Van Thuong and Ms. La Thi On, both residing in Yen Hop village, Yen Hoa commune, Tuong Duong district. Photo: Be Nguyen

Or recently, the People's Court of Quy Hop district coordinated with specialized agencies to conduct DNA testing to adjudicate a dispute over ownership of... a buffalo.

Specifically, Mr. Vi Van Thanh sold a male buffalo to Mr. Ha Van Danh’s younger brother for 17 million VND. However, Mr. Danh claimed that the buffalo belonged to him and did not agree to the sale. After repeatedly asking the Chau Thanh Commune People’s Committee to intervene but not being able to resolve the matter, Mr. Thanh filed a lawsuit in court.

Mr. Dao Van Dat, Chief Justice of the People's Court of Quy Hop District, said: During the investigation, Mr. Thanh said that the disputed buffalo was born by a mother buffalo in his family, and that his family is still raising this mother buffalo. From there, he requested the Court to conduct a DNA test between the mother buffalo and the disputed buffalo. The People's Court of Quy Hop District intervened and organized a DNA test. The results showed that the mother buffalo, according to Mr. Thanh's testimony, was actually related by blood to the disputed buffalo - that is, a biological mother and child. Based on that, the Court determined that Mr. Vi Van Thanh was the legal owner of the buffalo.

Need to change free-range grazing habits

One of the main reasons for disputes over buffalo and cows, even requiring DNA testing to determine ownership, stems from the long-standing free-range grazing habit of the highlanders.

Due to the vast terrain, sparse population and natural farming practices, many households often let their cattle and buffaloes roam the forest or fields for many days without caretakers or specific identification measures, so confusion between livestock herds is very likely to occur. In many cases, due to the lack of clear distinguishing marks, households cannot prove ownership and are forced to resort to DNA testing - which is both complicated and costly, affecting the feelings of the village and giving rise to unnecessary conflicts.

Mr. Nguyen Cong Phong - Chief Justice of Que Phong District People's Court

In fact, from the habit of letting buffaloes and cows roam freely, many complicated incidents related to security and order have occurred. For example, in Quy Chau and Que Phong districts, a group of people took advantage of the free grazing in the forest to steal buffaloes and cows, then sold them to the owner of a slaughterhouse. In a short time, this group successfully carried out 8 cases, taking away 9 buffaloes and cows with a total value of more than 170 million VND.

Or in Con Cuong district, just because of a conflict in the process of grazing cattle, a group of people used knives to cut down nearly 1,000 acacia trees of two households in the area. The act of retaliation and destruction of property not only caused great economic damage, but also escalated the conflict between families to a tense level.

According to Mr. Dang Van Vien - Chairman of Yen Hoa Commune (Tuong Duong District), letting buffaloes and cows roam freely not only causes difficulties in property management but also causes many consequences. Mixing buffaloes and cows easily leads to disputes and theft; many cases have to be resolved by law enforcement agencies. "Although there have been no specific cases recorded in the commune, in many other places, small conflicts in grazing can escalate into acts of retaliation, property destruction, and disorder," said Mr. Vien.

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Buffalo farming model of a household in Tuong Duong district. Photo: D.C.

Thus, to avoid unnecessary disputes, even DNA testing to identify cattle, which is costly, time-consuming and affects the neighborly relationship, people need to change their farming habits, especially abandoning the habit of free-range grazing. Letting cattle and buffalo roam freely not only easily causes confusion and loss, but can also destroy other people's crops, cause conflicts or be exploited by criminals for theft.

The practical solution is that people should raise livestock in a controlled manner, such as confinement or grazing with fences and caretakers. At the same time, it is necessary to proactively identify livestock in simple ways such as wearing ear tags, tying colored cloth straps or unique symbols on the bodies of buffaloes and cows. These measures are easy to implement, cost-effective, and help to easily identify incidents, avoiding the need for costly DNA testing. When people change their livestock farming mindset and proactively manage their livestock, they will limit diseases, prevent theft, and maintain harmony in the community. This is a sustainable direction and suitable for the actual conditions in localities, especially in mountainous areas today.

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The tragicomedy of DNA testing for cows
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