HOW IS TRAFFICKING IN WILD ANIMALS PUNISHED?

TABLE OF CONTENTS

1. Administrative sanctions

2. Criminal prosecution

1. Administrative sanctions

According to Article 21 of Decree 35/2019/ND-CP, amended and supplemented by Clause 12, Article 1 of Decree 07/2022/ND-CP, those who illegally hunt, kill, raise, or confine wild animals will be punished as follows:

“Acts of hunting, catching, killing, raising, or confining wild animals in violation of the law shall be punished as follows:

1. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed in one of the following cases:

a) Common wild animals worth less than VND 5,000,000;

b) Forest animals in the List of endangered, precious, rare forest plants and animals in Group IIB worth less than VND 3,000,000.”

2. A fine of VND 10,000,000 to VND 25,000,000 shall be imposed in one of the following cases:

a) Common forest animals worth from VND 10,000,000 to less than VND 20,000,000;

b) Forest animals in the List of endangered, precious, rare forest plants and animals in Group IIB worth from VND 5,000,000 to less than VND 10,000,000.

3. A fine of VND 25,000,000 to VND 50,000,000 shall be imposed in one of the following cases:

a) Common forest animals valued from VND 20,000,000 to under VND 40,000,000;

b) Forest animals in the List of endangered, precious and rare forest plants and animals in Group IIB valued from VND 10,000,000 to under VND 20,000,000.

4. A fine of VND 50,000,000 to VND 80,000,000 in one of the following cases:

a) Common forest animals valued from VND 40,000,000 to under VND 70,000,000;

b) Forest animals in the List of endangered, precious, rare forest plants and animals in Group IIB worth from VND 20,000,000 to under VND 35,000,000.

5. A fine of VND 80,000,000 to VND 110,000,000 shall be imposed in one of the following cases:

a) Common forest animals worth from VND 70,000,000 to under VND 100,000,000;

b) Forest animals in the List of endangered, precious, rare forest plants and animals in Group IIB worth from VND 35,000,000 to under VND 50,000,000.

6. A fine of VND 110,000,000 to VND 140,000,000 shall be imposed in one of the following cases:

a) Common forest animals valued from VND 100,000,000 to under VND 130,000,000;

b) Forest animals in the List of endangered, precious and rare forest plants and animals in Group IIB valued from VND 50,000,000 to under VND 65,000,000.

7. A fine of VND 140,000,000 to VND 170,000,000 shall be imposed in one of the following cases:

a) Common forest animals valued from VND 130,000,000 to under VND 160,000,000;

b) Forest animals in the List of endangered, precious, rare forest plants and animals in Group IIB worth from VND 65,000,000 to under VND 80,000,000.

8. A fine of from VND 170,000,000 to VND 210,000,000 shall be imposed in one of the following cases:

a) Common forest animals worth from VND 160,000,000 to under VND 190,000,000;

b) Forest animals in the List of endangered, precious, rare forest plants and animals in Group IIB worth from VND 80,000,000 to under VND 95,000,000.

9. A fine of VND 210,000,000 to VND 240,000,000 shall be imposed in one of the following cases:

a) Common forest animals valued from VND 190,000,000 to under VND 220,000,000;

b) Forest animals in the List of endangered, precious and rare forest plants and animals in Group IIB valued from VND 95,000,000 to under VND 110,000,000.

10. A fine of VND 240,000,000 to VND 270,000,000 shall be imposed in one of the following cases:

a) Common forest animals valued from VND 220,000,000 to under VND 250,000,000;

b) Forest animals in the List of endangered, precious, rare forest plants and animals Group IIB worth from VND 110,000,000 to under VND 125,000,000.

11. A fine of VND 270,000,000 to VND 300,000,000 shall be imposed in one of the following cases:

a) Common forest animals worth from VND 250,000,000 to under VND 300,000,000;

b) Forest animals in the List of endangered, precious, rare forest plants and animals Group IIB worth from VND 125,000,000 to under VND 150,000,000.

12. A fine of VND 300,000,000 to VND 330,000,000 for violations involving evidence of forest animals belonging to the List of endangered, precious, and rare forest plants and animals Group IB with a quantity of less than 03 individuals of the bird class, reptile class or other animal class.

13. A fine of VND 330,000,000 to VND 360,000,000 for violations involving evidence of forest animals belonging to the List of endangered, precious, and rare forest plants and animals Group IB with a quantity of 01 individual of the mammal class or from 03 to 04 individuals of the bird class, reptile class or from 03 to 05 individuals of other animal class.

14. A fine of VND 360,000,000 to VND 400,000,000 shall be imposed for violations involving evidence of forest animals in the List of endangered, precious and rare forest plants and animals of Group IB with a quantity of 02 individuals of the mammal class or from 05 to 06 individuals of the bird class, reptile class or from 06 to 09 individuals of other animal classes.

15. Additional forms of punishment:

a) Confiscation of evidence, tools and instruments of administrative violations for the acts specified in Clause 1, Clause 1a, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11, Clause 12, Clause 13 and Clause 14 of this Article’

b) Confiscate the means of administrative violation for the acts specified in Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11, Clause 12, Clause 13 and Clause 14 of this Article.”

Thus, if illegal wildlife trafficking is discovered, it will be handled according to the provisions of law. Depending on the nature and severity, the violator may be subject to administrative sanctions or criminal prosecution.

2. Criminal prosecution

Pursuant to Clause 1 Article 234 of the 2015 Penal Code (amended and supplemented in 2017), the crime of violating regulations on wildlife protection is stipulated as follows:

“Article 234. Offences against regulations on management and protection of wild animals

1. A person who commits any of the following acts, except in the circumstances specified in Article 242 and Article 244 hereof, shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:

a) Illegal hunting, killing, raising, imparking, transporting, trading of Endangered, rare animals in Group IIB or animals in Appendix II of CITES assessed at from VND 300,000,000 to under VND 1,000,000,000; other common wild animals assessed at from VND 500,000,000 to under VND 1,500,000,000;

b) Illegal possession, transport, trading of endangered, rare animals in Group IIB or animals in Appendix II of CITES or body parts or products thereof assessed at from VND 300,000,000 to under VND 1,000,000,000; common wild animals or body parts thereof assessed at from VND 500,000,000 to under VND 1,500,000,000;

c) The value of animals or body parts or products thereof is below the lower limits specified in Point a and Point b of this Clause but the offender has incurred an administrative penalty or has an unspent conviction for the same offence.”