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Previously, ENV received Official Letter No. 2534 / SNN & PTNT-CCKL dated August 3, 2018 of the Department of Agriculture and Rural Development (SNN & Rural Development) of Thanh Hoa province on coordinating inspection and supervision of this farm. Accordingly, despite being consulted by both the Department of Biodiversity Conservation and the Vietnam CITES Management Authority on not granting permits to Mr. Nguyen Mau Chien's family to keep tigers, SNN and Rural Development of Thanh Hoa Province have no excuses. treatment other than "lobbying and propaganda" of the establishment owners voluntarily transfer the tiger. Also, the transfer of tigers will only be done after "an agreement is reached, agreed between the farmer and the receiver."
ENV believes that the People's Committee of Thanh Hoa province has a legal basis to make a decision to revoke the tiger captive animals at Nguyen Mau Chien's facility without having to "agree and agree" with his family. .
Firstly, ENV affirmed that these tigers were not owned by Mr. Chien but owned by the State and the People's Committee of Thanh Hoa province had the right to make a decision to recover these assets.
After discovering the illegal tiger-raising behavior of Mr. Chien, on August 3, 2007, Chairman of Thanh Hoa People's Committee issued Decision No. 2320 / QD-UBND on sanctioning administrative violations against households. Mr. Chien also assigned his family to keep tigers in their farms. However, this decision did not transfer ownership of these tigers to Chien. Article 164 of the 2005 Civil Code states: "Ownership includes the right to possession, the right to use and the right to dispose of the property of the owner". Meanwhile, Decision No. 2320 / QD-UBND of the Chairman of Thanh Hóa People's Committee only grants Mr. Chiến the right to possession of tiger individuals, Mr. Chiến has absolutely no right to use and the right to dispose of the property. this product. Therefore, in the Commitment dated July 10, 2007, Mr. Chien affirmed that "he is ready to submit to the State the number of 10 tigers in captivity when requested by the State". This again shows that Nguyen Mau Chien has never had legal ownership of tigers on his farm.
Secondly, Mr. Nguyen Mau Chien is responsible for transferring the tigers in his farm to the State agency without the right to claim any reimbursement or other expenses incurred.
The tigers on Mr. Chien's farm are the property of the State assigned to him to manage when his family has enough conditions to keep them and wishes to keep them "for conservation purposes". The nurturing and caring of these tigers is voluntarily accepted by Mr. Chien, not threatened or forced. His will is shown in the written commitment he wrote on July 10, 2007. There was absolutely no agreement between Mr. Chien and the People's Committee of Thanh Hoa regarding the payment of expenses incurred in capturing tigers. During the time he kept tigers, he never asked the State to support the cost of raising and caring. This shows that he agrees with the tiger farming without funding to support the purpose of "preserving this animal" that Thanh Hoa Provincial People's Committee requested. Until now, when the conservation purpose cannot be fulfilled, the State has the right to request and Mr. Chien has the responsibility to return the State's property.
Third, Nguyen Mau Chien and his wife Le Thi Hong were convicted of transporting and storing prohibited goods (including 02 frozen tigers at 16 BT7, Van Quan urban area, Van Quan ward). , Hà Đông district, Hà Nội city). According to the testimony of Nguyen Mau Chien at the trial of this subject and his accomplices on March 20, 2018, two tigers originated from the subject's farm in Thanh Hoa. After the tiger died, the subject did not declare but illegally transported to Hanoi. Recently, the Hanoi People's Procuracy has also appealed against the first instance judgment of the People's Court of Ha Dong District in the direction of aggravating the penalty for defendant Nguyen Mau Chien to commensurate with the degree and calculation serious substance in the offense of this subject.
Ms. Bui Thi Ha, Deputy Director of ENV expressed her view: “Since 2014, the Government has issued a National Program on tiger conservation for the period 2014-2022 with the goal of restoring the natural tiger population and tightening it. management of tiger breeding activities. How can we conserve tigers if we leave an unlicensed, newly convicted wildlife dealer to continue raising tigers "out of law" just because they think there is no basis for confiscation? It is thought that the authorities in Thanh Hoa Province should show a more active role, contributing to the nation's joint efforts to conserve this particularly endangered, precious and rare wildlife. The law is designed to protect the wildlife and important biodiversity resources of the country not only for today but also for future generations and thus need to be properly and promptly applied. flexible and flexible to meet this requirement ”.
ENV hopes that Thanh Hoa Provincial People's Committee will quickly issue a decision to recover the illegal captive tigers from Mr. Nguyen Mau Chien's household and transfer this tiger to the Rescue Center to accept it. Specific actions to thoroughly solve this problem in the shortest time will contribute to affirming the determination of Thanh Hoa province in particular and Vietnam in general in efforts to tighten management and prevent criminals. Wildlife, especially in the context of the Fourth International Conference on the Prevention of Trafficking in Wildlife, will take place in London this October.
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