The system of legal documents
A – International treaty
B – Law of Vietnam
I. Governing regulations
II. Regulations on handling of violations
C – Other references
A – International Treaty
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty between member states to control trade. trade and trade wild animals and plants to avoid over-exploitation leading to extinction. CITES includes about 5,000 animal species and 25,000 plant species, divided into 3 appendices:
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A –Law of Vietnam
I. Governing regulations
1. Fisheries Law 2017
Fisheries Law 2017 issued on November 21, 2017, effective January 1, 2019, regulates fisheries activities; rights and obligations of organizations and individuals engaged in fisheries activities or related to fishery activities; State management on fisheries.
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2.Forestry Law 2017
Forestry Law 2017, issued on November 15, 2017, effective January 1, 2019, supersedes the 2004 Forest Protection and Development Law. The law also prohibits hunting, capturing, rearing, capturing and killing. , storing, transporting and trading forest animals, collecting specimens of forest plants and animals illegally.
The 2004 Law on Forest Protection and Development took effect from April 1, 2005. Accordingly, illegal hunting, shooting, catching, trapping, rearing and slaughtering forest animals is strictly prohibited. At the same time, the law also stipulates that exploitation and forest animals must be permitted by competent state agencies and comply with the provisions of the law on wildlife conservation. Business activities, transportation, export, import, temporary import for re-export, temporary export for re-import and transit of forest plants and animals must comply with Vietnamese law and treaties to which Vietnam Nam signed or joined.
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3. Veterinary Law 2015
Veterinary Law 2015, issued on June 19, 2016, takes effect on the date of replacement of the Ordinance of the Standing Committee of the National Assembly No. 18/2004 / PL-UBTVQH11 of April 29, 2004 on veterinary, providing for the Disease treatment issues for animals including wildlife
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4. Law on Investment 2014
The 2014 Investment Law, promulgated on November 26, 2014, effective July 1, 2015, supersedes the 2005 Investment Law, providing a list of endangered, precious and rare wild animals of Group I, including: endangered, precious and rare wild species are strictly prohibited to be exploited and used for business investment purposes.
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5. Advertising Law 2012
The Advertising Law provides for administrative sanctions for advertising prohibited goods (including wildlife and products, parts).
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6. Biodiversity Law 2008
Biodiversity Law of the XII National Assembly, 4th term, No. 20/2008 / QH12, November 13, 2008. The law sets aside a Chapter IV with 18 articles providing for the conservation and sustainable development of biological species. object. Accordingly, wildlife species will be considered for inclusion in the list of endangered precious and rare species prioritized for protection in order to protect endemic or valuable domestic animals that are threatened with extinction and regulated Prohibit exploitation and wild species are conditionally exploited in the wild. The law also provides for protected areas, conservation zone hierarchy and prohibited behaviors in protected areas.
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7. The Government's Decree No. 26/2019 / ND-CP of March 8, 2019, detailing a number of articles and measures to enforce fishery laws, effective April 25, 2019, specifying regulations at the Fisheries Law. Among them, the most prominent is the regulation of 186 aquatic species on the list of endangered precious and rare species, including 126 species of Group I and 60 species of Group II.
Group I is the species to be exploited for one of purposes such as conservation, scientific research, original seeding research, international cooperation when meeting the order and procedures prescribed. Article 26, Decree 26. Therefore, it is understandable that the exploitation and use of Group I species, Decree 26 for commercial purposes is strictly prohibited.
Group II are species exploited for one of the following purposes: conservation, scientific research, initial seed breeding, international cooperation or meeting the minimum size and time requirements. allowable exploitation as provided for in Decree 26. This regulation is construed as commercial exploitation and use for Group II species, Decree 26 is allowed.
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8. Decree 160/2013 / ND-CP dated 12/11/2013 of the Government on criteria for identifying species and management regime of species on the list of endangered precious and rare species prioritized for protection
The Decree provides a system of criteria for assessing and identifying wildlife species listed in the list of endangered precious and rare species prioritized for protection. Accordingly, the species is included in the list of endangered precious and rare species prioritized for protection if (i) The number of individuals is small or is in danger of extinction and (ii) Is an endemic species having one of the special values of science, health and economics; ecology, landscape, environment and culture - history.
The Decree also stipulates the principle of conservation of endangered precious and rare wildlife species prioritized for protection and strict mechanisms to manage exploitation; exchanging, buying, selling, giving, hiring, storing and transporting specimens; rearing and rescuing species on the list of species prioritized protection
9. Decree 06/2019 / ND-CP on management of endangered, precious and rare forest plants and animals and implementation of the Convention on international trade in endangered wild animals and plants
This Decree replaces and consolidates Decree 32/2006 / ND-CP on the management of endangered, precious and rare forest plants and animals of the Government, and Decree 82/2006 / ND-CP dated 10 / 08/2006 of the Government on management of export, import, re-export and import activities from the sea, transit, breeding, rearing and artificial propagation of wild animals and plants Endangered, precious and rare. Similar to Decree 32/2006 / ND-CP, Decree 06/2019 / ND-CP also divides endangered, precious and rare forest animals into 2 groups based on the degree of danger and the need for protection of the law. laws for these species, including: (1) Group IB: It is strictly prohibited to exploit and use for commercial purposes; and (2) Group IIB: Restricting exploitation and use for commercial purposes; The Decree also stipulates conditions for raising ordinary forest animals; order and procedures for carrying out exploitation activities; raise; processing, trading, advertising and display; transport, storage; export, import, re-export and import from the sea and transit of endangered precious and rare wildlife species under the Appendix to the Convention on International Trade in Wild Fauna and Flora Endangered (CITES) and on the list of endangered precious and rare species promulgated together with Decree 06/2019 / ND-CP.
10. Decree 30/2018 / ND-CP dated 7 March 2018 of the Government detailing the establishment and operation of the Council of property valuation; Procedures for valuation of assets in criminal proceedings, effective from May 1, 2018
The decree regulates the establishment and operation of the Asset Valuation Council, which deals with the valuation of banned goods including wildlife and products.
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11. Decree No. 29/2018 / ND-CP dated March 5, 2018 of the Government stipulating the order and procedures for the establishment of the entire people's ownership of properties and handling of properties subject to ownership ownership People, effective August 20, 2018
This Decree prescribes the order and procedures for the establishment of the entire people's ownership of property and handling of endangered, precious and rare wildlife products and articles.
Circular 57/2018 / TT-BTC dated July 5, 2018 guiding the implementation of a number of articles of the Government's Decree No. 29/2018 / ND-CP of March 5, 2018, defining the order and procedures for determining establishment of the entire ownership of the property and handling of property with the ownership of the entire people, effective from August 20, 2018
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12. The Government's Decree No. 65/2010 / ND-CP of June 11, 2010, detailing and guiding the implementation of a number of articles of the Law on Biodiversity, takes effect from July 30, 2010.
This Decree details and guides the implementation of a number of articles of the 2008 Biodiversity Law regarding biodiversity conservation plannings, conservation areas, conservation and sustainable development of species and conservation. and sustainable development of genetic resources.
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13. Circular No. 29/2019 / TT-BNNPTNT dated December 31, 2019 of the Ministry of Agriculture and Rural Development, stipulating the handling of forest animals being material evidences and exhibits; forest animals voluntarily handed over to the State by organizations and individuals, effective from February 20, 2020.
The Circular provides for details on the handling of wildlife, in turn:
Only apply the following measure if the previous measure cannot be implemented.
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14. Circular 19/2018 / TT-BNNPTNT dated November 15, 2018 of the Ministry of Agriculture and Rural Development guiding the protection and development of aquatic resources, effective from January 1, 2019.
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15. Circular 04/2017 / TT-BNNPTNT dated February 24, 2017 of the Ministry of Agriculture and Rural Development, the List of wild animals and plants specified in the Annex of the Convention on International Trade in Animals , endangered wild plants
Circular replacing Circular 40/2013 / TT-BNNPTNT dated September 5, 2013 of the Minister of Agriculture and Rural Development and updating the List of wild plants and animals specified in the Appendix of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
16.Circular 25/2016 / TT-BTNMT dated September 22, 2016 of the Ministry of Natural Resources and Environment, guiding registration forms, biodiversity conservation facility certificates and reports on conservation status of species belonging to The list of endangered precious and rare species prioritized protection of biodiversity conservation facilities.
This Circular provides guidance on the procedures and papers necessary for registration of establishment and operation of biodiversity conservation facilities.
17. Decision 11/2013 / QD-TTg dated 24 January 2013 of the Prime Minister banning the import, export and trading of specimens of some wildlife species in the Appendices to the Convention on International Trade in Dynamic Species endangered wild animals and plants
Decisions to prohibit the export, import and sale of wildlife specimens included in the Appendix of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and their products, including: (1) White rhinoceros (Ceratotherium simum); (2) Black rhinoceros (Diceros bicornis); and (3) African Elephants (Loxodonta africana).
18. Directive 28 / CT-TTg dated September 17, 2016 of the Prime Minister urgent measures to prevent and fight illegal acts of wildlife species
The Directive calls on stakeholders to prevent and fight violations of endangered, precious and rare wildlife products, especially those where trade is complicated. ivory and rhino horn. Thereby, the Prime Minister requested ministries, branches and provincial-level People's Committees to continue seriously implementing Directive 03 / TT-TTg in the management and protection of endangered wildlife.
19. Directive 03 / CT-TTg dated February 20, 2014 of the Prime Minister to strengthen the direction and implementation of measures to control and conserve endangered, precious and rare wild animals
Through this directive, the Prime Minister requested ministries, branches and localities, including the Ministry of Public Security, the Ministry of Industry and Trade, the Ministry of Finance, the Ministry of Defense, the Ministry of Agriculture and Rural Development, the Ministry of Justice. , Ministry of Foreign Affairs, Ministry of Information and Communications, Supreme People's Procuracy, Supreme People's Court, People's Committees of provinces and centrally-run cities, Mass media agencies propagandizing and disseminating knowledge and laws to combat violations of wildlife.
II. Regulations on handling of violations
1. Criminal Code (2015, amended 2017)
From January 1, 2018, the Penal Code 2015 (amended and supplemented in 2017 - hereinafter referred to as the 2017 Penal Code) came into effect. According to the 2017 Penal Code, violations related to wildlife can be imprisoned up to 15 years or 5 billion VND for individuals and fined up to 15 billion VND, suspended from 6 months to 3 years or suspended. works only permanently for legal entities.
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2. Penal Code (1999, amended in 2009)
Criminal Code No. 15/1999 / QH10 stipulates the offense of violating the regulations on the protection of rare and precious wildlife in Article 190. When the Penal Code was amended and supplemented in 2009, Article 190 amended into Crime of breaching regulations on protection of animals on the list of endangered precious and rare species prioritized for protection. Accordingly, the acts of hunting, killing, transporting, trading, illegally capturing endangered, precious and rare wild animals are given priority to protect, or illegally transport and trade in products and mechanical parts. The animal can be fined up to 7 years in prison.
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3. Decree No. 42/2019 / ND-CP of May 16, 2019, stipulating sanctions against administrative violations in the field of fisheries, takes effect from July 5, 2019.
This Decree replaces Decree 103/2013 / ND-CP dated September 12, 2013 on penalties for administrative violations in fisheries activities. Decree 42 clearly defines fishery violations that are sanctioned administratively and criminally. Decree 42 also provides for penalties for violations against regulations on fisheries protection; Exploiting, collecting, trading, storing, preliminary processing, processing, preserving, transporting, transporting, exporting and importing aquatic products. The maximum fine for acts of administrative violation related to aquatic species is VND 1 billion, which is applied to a number of violations in activities of exploiting, exporting and importing aquatic products.
In addition, the fine for violations related to endangered precious and rare aquatic species (not subject to criminal prosecution) will be based mainly on the volume of confiscated aquatic products.
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4. Decree 35/2019 / ND-CP dated April 25, 2019 of the Government on sanctioning administrative violations in the forestry sector, effective from 10 June 2019
This Decree replaces the Government's Decree No. 157/2013 / ND-CP of November 11, 2013, prescribing the sanctioning of administrative violations regarding forest management, forest development, forest protection and forest product management. . This Decree prescribes the handling of administrative violations for species on the list of endangered precious and rare species of groups I and II of Decree No. 06 and Appendix Cites. As well as regulations on handling violations of common forest animals. As a result, violations against any ordinary forest animals worth less than VND 300 million and illegally gaining profits of less than VND 50 million in the case of the first violation will be subject to administrative sanctions according to the provisions of Decree 35.
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5. Decree No. 185/2013 / ND-CP dated November 15, 2013 of the Government stipulating penalties for administrative violations in commercial activities, production and trading of counterfeit goods, banned goods and protection of consumer rights used (amended and supplemented by the Government's Decree No. 124/2015 / ND-CP of November 19, 2015), effective from January 5, 2016
The Decree prescribes the sanctioning acts of administrative violations for acts of trading banned goods as wildlife or their products.
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6. Decree No. 158/2013 / ND-CP dated 12/11/2013 of the Government stipulating sanctions against administrative violations in the fields of culture, sports, tourism and advertising (amended and supplemented by the Decree No. 28/2017 / ND-CP dated March 20, 2017 of the Government, effective May 5, 2017)
Regulations on administrative sanctions for acts of advertising banned goods are wildlife.
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7.Decree No. 155/2016 / ND-CP dated November 18, 2016 of the Government stipulating sanctions against administrative violations in the field of environmental protection, effective from February 1, 2017.
Decree 155 replaces Decree 179 as of February 1, 2017, prescribing sanctions for administrative violations for illegal exploitation of wildlife in restricted areas and violations of regulations on facility management of biodiversity conservation. Decree 155/2016 / ND-CP does not prescribe sanctions against endangered, precious and rare species prioritized protection because all violations related to this species are currently regulated. governed by the 2015 Penal Code, amended and supplemented 2017.
8. Resolution 05/2018 / NQ-HDTP guiding the application of Article 234 on violations of regulations on protection of wildlife and Article 244 on violations of regulations on protection of endangered, precious and rare animals of the Ministry Criminal law is passed by the Council of Judges of the Supreme People's Court
The Resolution guiding the application of a number of criminal facts to violating the regulations on protection of wildlife in Article 234 and the violations of the regulations on protection of endangered, precious and rare animals in Article 244 also such as guidelines for handling a number of actual arising situations during the application process specified in Article 234 and Article 244 of the 2015 Penal Code (amended and supplemented 2017). In addition, the Resolution also regulates the handling of exhibits that are wild animals, endangered, precious and rare animals or their products.
9. Joint Circular 19/2007 / TTLT / BNN & PTNT-BTP-BCA-VKSNDTC-TANDTC dated March 8, 2007 guiding the application of a number of articles of the Penal Code on crimes in the field of forest management and protection forest and forest management
This joint circular guides the implementation of Article 190 of the 1999 Penal Code on Crime of breaching the regulations on the protection of valuable and rare wildlife. Accordingly, rare and precious animals are those belonging to group IB of Decree 32/2006 / ND-CP. At the same time, the Circular also provides specific guidance on the basis for assessing violations that cause serious, very serious or particularly serious consequences to apply aggravating circumstances. Specifically, the Circular issued the Appendix on determining the number of endangered, precious and rare wild animals of group IB as a basis for identification. For example, violations involving bears, 1 individual is causing serious consequences, 2 to 3 individuals are very serious consequences, 4 or more individuals are particularly serious; while just a violation against an individual tiger is particularly serious.
10. Official Letter 2140 / VKSTC-V3 dated June 8, 2016 on the restoration and handling of cases, illegal storage and transportation of ivory and rhino horn.
Official dispatch of the Supreme People's Procuracy, the Supreme People's Court and the Ministry of Public Security guiding the procuracies at all levels to apply Clause 1, Article 155 of the 2009 Penal Code to resolve outstanding backlogs relating to exhibits such as ivory and rhino horn, which occurred before the Criminal Code 2015 (amended 2017) take effect.
C-Other references
IUCN Guidance on Handling Confiscated Animals
This is the International Union for Conservation of Nature (IUCN) guidelines for dealing with wildlife that remain after being confiscated for conservation purposes. Accordingly, there are several solutions:
1) Go to the Rescue Center
2) Drop back naturally
3) Humane destruction
The guidelines also outline the principles of handling, analyzing how to make decisions to assess the application of appropriate solutions to current regulations, customs and economic conditions, while ensuring that species conservation.
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