Vietnam: How is the act of hunting animals on the list of endangered precious and rare species prioritized for protection prosecuted for criminal liability?
- Which species are included in the list of endangered, precious and rare species of forest fauna and flora?
- What are the administrative penalties for hunting animals on the list of endangered precious and rare species prioritized for protection?
- How is the act of hunting animals on the list of endangered precious and rare species prioritized for protection prosecuted for criminal liability?
Which species are included in the list of endangered, precious and rare species of forest fauna and flora?
Pursuant to Clause 1, Article 4 of Decree 06/2019/ND-CP of Vietnam stipulating the list of endangered, precious and rare species of forest fauna and flora as follows:
List of endangered, precious and rare species of forest fauna and flora
1. The list of endangered, precious and rare species of forest fauna and flora issued thereto includes:
a) Group I including species of forest fauna and flora threatened with extinction and banned from exploitation or use for commercial purpose and species in CITES Appendix I naturally inhabiting Vietnam.
Group IA including forest flora.
Group IB including forest fauna.
b) Group II including species of forest fauna and flora that, although currently not threatened with extinction but may become so without strict control of exploitation and use for commercial purpose and species specified in CITES Appendix II naturally inhabiting Vietnam.
Group IIA including forest flora.
Group IIB including forest fauna.
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Thus, the list of endangered, precious and rare species of forest fauna and flora is divided into group IB and group IIB.
Group IB includes species of forest fauna and flora threatened with extinction and banned from exploitation or use for commercial purpose and species in CITES Appendix I naturally inhabiting Vietnam.
Group IIB includes species of forest fauna and flora that, although currently not threatened with extinction but may become so without strict control of exploitation and use for commercial purpose and species specified in CITES Appendix II naturally inhabiting Vietnam.
Hunting animals on the list of endangered precious and rare species in Vietnam (Image from the Internet)
What are the administrative penalties for hunting animals on the list of endangered precious and rare species prioritized for protection?
Pursuant to Article 21 of Decree 35/2019/ND-CP of Vietnam, as amended and supplemented by Clause 12, Article 1 of Decree 07/2022/ND-CP of Vietnam stipulating violations against regulations on forest animal protection in Vietnam as follows:
Violations against regulations on forest animal protection in Vietnam
The following penalties shall be imposed for illegally hunting, catching, killing or imparking forest animals:
1. A fine ranging from VND 1.000.000 to VND 5.000.000 shall be imposed in one of the following circumstances:
a) The violation involves forest animals of common species worth less than VND 5.000.000;
b) The violation involves animals in the list of Group-IIB endangered, rare and precious forest plants and animals worth less than VND 3.000.000.
1a. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed in one of the following circumstances:
a) The violation involves forest animals of common species worth from VND 5.000.000 to under VND 10.000.000;
c) The violation involves animals in the list of Group-IIB endangered, rare and precious forest plants and animals worth from VND 3.000.000 to under VND 5.000.000.
2. A fine ranging from VND 10.000.000 to VND 25.000.000 shall be imposed in one of the following circumstances:
a) The violation involves forest animals of common species assessed at from VND 10,000,000 to under VND 20,000,000;
b) The violation involves endangered, rare and precious animals of Group IIB assessed at from VND 5,000,000 to under VND 10,000,000.
3. A fine ranging from VND 25,000,000 to VND 50,000,000 shall be imposed in one of the following circumstances:
a) The violation involves forest animals of common species assessed at from VND 20,000,000 to under VND 40,000,000;
b) The violation involves endangered, rare and precious animals of Group IIB assessed at from VND 10,000,000 to under VND 20,000,000.
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15. Additional penalties:
a) Exhibits, devices and tools of the violation shall be confiscated in case of commission of any of the violations specified in Clause 1 – 14 of this Article;
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16. Remedial measures:
The violator is compelled to implement measures for controlling the environmental pollution and the spread of epidemics; destroy goods or articles which cause harm to human health, domestic animals, plants or environment in case of commission of any of the violations specified in Clause 1 through 14 of this Article.
Thus, depending on whether the animals being hunted are common wild animals or endangered, precious and rare wild animals and their value, illegal animal hunters will be sanctioned for violations according to different penalty frames.
In addition, violators will also be confiscated material evidences, tools and tools of administrative violations and forced to take measures to remedy the situation of environmental pollution, spread of diseases, forcibly destroy goods and articles that cause harm to human health, livestock, plants and the environment.
How is the act of hunting animals on the list of endangered precious and rare species prioritized for protection prosecuted for criminal liability?
Pursuant to Article 244 of the 2015 Criminal Code of Vietnam, as amended by Point a, Clause 64, Article 1 of the 2017 Law on Amendment to the Criminal Code of Vietnam on offences against regulations on protection of endangered and rare animals as follows:
Offences against regulations on protection of endangered and rare animals
1. Any person who violates regulations on protection of animals on the List of endangered and rare species; animals in Group IB or in Appendix I of CITES in any of the following circumstances shall be liable to a fine of from VND 500,000,000 to VND 2,000,000,000 or face a penalty of 01 - 05 years' imprisonment:
a) Illegal hunting, killing, imparking, transport, trading of animals on the list of endangered and rare species;
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2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:
a) The offence involves 03 - 07 individuals of class mammalia or vital body parts thereof, 07 - 10 individuals of class aves or class reptilia or vital body parts thereof, or 10 -15 individuals of other classes or vital body parts thereof in the circumstance specified in Point a Clause 1 of this Article;
b) The offence involves 08 - 11 individuals of class mammalia or vital body parts thereof, 11 - 15 individuals of class aves or class reptilia or vital body parts thereof, or 16 -20 individuals of other classes or vital body parts thereof in the circumstance specified in Point d Clause 1 of this Article;
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3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:
a) The offence involves ≥ 08 individuals of class mammalia or vital body parts thereof, ≥ 11 individuals of class aves or class reptilia or vital body parts thereof, or ≥ 16 individuals of other classes or vital body parts thereof in the circumstance specified in Point a Clause 1 of this Article;
b) The offence involves ≥ 12 individuals of class mammalia or vital body parts thereof, ≥ 16 individuals of class aves or class reptilia or vital body parts thereof, or ≥ 21 individuals of other classes or vital body parts thereof in the circumstance specified in Point d Clause 1 of this Article;
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4. The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 years.
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Thus, the act of hunting animals on the list of endangered precious and rare species prioritized for protection will be examined for penal liability with a fine of between VND 500,000,000 and VND 2,000,000,000 or a fine imprisonment from 1 year to 5 years.
Committing crimes in other cases as prescribed above, they will be examined for penal liability for the corresponding penalty frame.
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