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.

By Wildlife Justice Commission

The report aims to bring to light key aspects of the criminal dynamics of ivory and rhino horn trafficking in Vietnam and the efforts of Vietnamese law enforcement authorities in bringing Ah Nam to justice. The Wildlife Justice Commission initiated an investigation in 2016 to delve into the illegal ivory and rhino horn trade in Vietnam and gain a deeper insight into the Africa-Asia supply chain. By January 2017, Ah Nam had become the main focus of the investigation due to his growing role. By 2019 he had asserted his position as one of Vietnam’s top wildlife criminals, acting as lead broker for a sophisticated criminal network responsible for trafficking vast quantities of elephant ivory and rhino horn from Africa to China via Vietnam. The Wildlife Justice Commission’s investigations into Ah Nam and his network resulted in the collection of a wealth of intelligence and evidence. This information on Ah Nam and his key associate Duong Van Phong was compiled in a detailed Case File and provided to the Vietnam Environmental Crime Police and the Anti-Smuggling Bureau of China Customs in December 2017. The two men were partners in crime for the entire period of the investigation and were eventually arrested and convicted together. Over the course of the three-year investigation, the Wildlife Justice Commission documented Ah Nam’s access to a minimum of 17.6 tonnes of raw ivory (valued at more than USD 9 million), and 477 kg of rhino horn (valued at more than USD 8 million). This quantity of product is estimated to equate to the killing of approximately 1,760 elephants and more than 106 rhinos, and still represents only a fraction of what Ah Nam’s network is likely to have trafficked. The Wildlife Justice Commission’s efforts directly contributed to the arrest of 12 other individuals in Vietnam – 10 of whom were imprisoned and two were released without charges – and the seizure of 1,428 kg of ivory and 18 rhino horns. Ah Nam’s conviction and heavy penalty also send an important message: the risk-reward ratio for wildlife crime is changing in Vietnam. Analysis of published court judgements in China shows that additional cases linked to Ah Nam have continued to be prosecuted and convicted, while the Wildlife Justice Commission’s investigations have found many Vietnamese traders are no longer operating due to the increased fear of arrest and difficulties in smuggling products across the border into China.

The Hague: Wildlife Justice Commission, 2022,. 59p.

By The Environmental Investigation Agency (EIA)

For a decade, Vietnam has been repeatedly highlighted for its role in the international illegal wildlife trade, so it is encouraging to see the recent efforts taken by the Government to address its involvement; it is to be congratulated for the measures it has taken and the successes it has had domestically. Yet despite these efforts to tackle illegal wildlife trade in country, Vietnam’s reputation is tarnished by the fact that it is the primary destination for illegal wildlife products sourced from across Africa and shipped by criminal networks directly or indirectly to meet the demand in Vietnam and beyond. These networks are accelerating the decline of Africa’s biodiversity and are exacerbating corruption and weak rule of law in many source and transit countries in the continent.

London; Washington, DC: EIA, 2021. 32p.