Prosecution Review: Wildlife Crime in Vietnam 2015-2020

By Education for Nature

Vietnam's Revised d Penal Code came into effect in January 2018. The revised law is much tougher on wildlife crime and, in general, is sufficiently effective in deterring crime if applied universally. By some accounts, the revised Criminal Code is the “ideal law” as it closes loopholes, increases punishment for serious offenses, and incorporates a foundation on which the criminal justice system can effectively deter wildlife crime. According to the new Penal Code, activities including hunting, catching, killing, rearing, caging, transporting, and/or trading of endangered, precious, and rare species or their parts and derivatives shall be deemed criminal offenses, depending on the number of animals involved. The revised Penal Code has also added “possession” as a criminal offense, closing a critical loophole that previously allowed criminals to escape with mere fines for keeping frozen tigers, rhino horn, and other endangered species and their products.   

  Species fully protected under the new Penal Code include endangered species listed under Decree 160 [2013] and its subsequently updated list of protected species under Decree 64 [2019], species listed under Group I of Decree 06, and species listed under Appendix I of CITES. The Penal Code also affords greater protection to species that are not listed on the aforementioned Decree 64, Decree 06, or Appendix I of CITES, permitting authorities to criminally charge offenders if they are engaged in illegal activities involving large quantities of animals. This new aspect of the Penal Code strengthens the hand of law enforcement dealing with criminal networks that smuggle large quantities of animals such as snakes or freshwater turtles that may not be specifically protected under endangered species laws.  

Hanoi: Education for Nature, 2021. 12p.