Vietnam: List of endangered, precious, and rare forest fauna and flora? Is online trading in forest animals prohibited?
- How is the list of endangered, precious and rare forest plants and animals regulated in Vietnam?
- Does chamois belong to the category of rare forest animals? And in which group in Vietnam?
- Do cheos belong to the rare type of forest animals? And in which group in Vietnam?
- Administrative handling of hunting endangered, precious and rare forest animals
- Prosecution for criminal liability for hunting endangered, precious and rare forest animals
How is the list of endangered, precious and rare forest plants and animals regulated in Vietnam?
According to the provisions of Article 4 of Decree 06/2019/ND-CP on management of endangered, precious and rare forest plants and animals and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora:
Article 4. 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
Động vật rừng nguy cấp, quý, hiếm (Hình từ internet)
Does chamois belong to the category of rare forest animals? And in which group in Vietnam?
Regarding the list of endangered, precious and rare forest animals, you can refer to Appendix I of Decree 84/2021/ND-CP amending Decree 06/2019/ND-CP on management of endangered, precious and rare forest plants and animals and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
Therefore, chamois is an endangered, precious and rare forest animal specified in Appendix I of Decree 84/2021/ND-CP, belonging to group IB of group I in Clause 1 Article 4 of Decree 06/2019/ND-CP as mentioned above.
Do cheos belong to the rare type of forest animals? And in which group in Vietnam?
It can be seen that cheetahs are endangered, precious and rare forest animals specified in Appendix I of Decree 84/2021/ND-CP, belonging to group IIB of group II in Clause 2 Article 4 of Decree 06/2019/ND-CP as mentioned above.
As the information she provided, she plans to trade in wild boars, dried deer, chamois, ferrets, deer, cheo ... among the above species, there are chamois in group IB, cheois in group IIB (According to the List issued with Decree 84/2021 / ND-CP).
Therefore, if you trade in these 2 types of items, you will be handled, based on the nature and seriousness of violations that are administratively handled, individuals may be examined for criminal liability in accordance with current provisions of law.
Administrative handling of hunting endangered, precious and rare forest animals
For the act of hunting forest animals, depending on the rarity of the animal, the number of more or less, whether it is of great value or not to determine the exact level of administrative sanctions for this act, in Article 21 of Decree 35/2019/ND-CP amended by Clause 12 Article 1 of Decree 07/2022/ND-CP stipulating sanctions for administrative violations. In the field of forestry, violators can be sanctioned as follows:
Article 21. Violations against regulations on forest animal protection
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.”
b) Clause 1a is added following Clause 1 as follows:
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.
…
Thus, comparing with the above provisions, those who illegally hunt endangered, precious and rare forest animals will have different levels of administrative sanctions depending on each level.
Prosecution for criminal liability for hunting endangered, precious and rare forest animals
Any person who commits a violation will be examined for penal liability if there are sufficient signs of the act and according to Article 234 of the 2015 Criminal Code as amended by Points a and b, Clause 57, Article 1 of the Law amending the Criminal Code 2017 as follows:
Article 234. Offences against regulations on 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, possession, transport, trading of Group IIB animals or animals in Appendix II of CITES the value of which is assessed at from VND 150,000,000 to under VND 500,000,000; other common wild animals assessed at from VND 300,000,000 to under VND 700,000,000 or earning an illegal profit of from VND 50,000,000 to under VND 200,000,000;
b) Illegal possession, transport, trading of body parts of products of Group IIB animals or animals in Appendix II of CITES the value of which is assessed at from VND 150,000,000 to under VND 500,000,000; of other common wild animals the value of which is assessed at from VND 300,000,000 to under VND 700,000,000 or earning an illegal profit of from VND 50,000,000 to under VND 200,000,000;
c) Illegal hunting, killing, raising, imparking, possession, transport, trading of animals, body parts or products thereof the value of which or the profit from which is lower than the lower limits specified in Point a and Point b of this Clause while having incurred an administrative penalty for any of the offences specified in this Article or having an unspent conviction for the same offence .
2. This offence committed in any of the following circumstances carries a fine of from VND 300,000,000 to VND 1,500,000,000 or a penalty of 03 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offender misuses his/her position or power to commit the offence;
c) The offence is committed in the name of an agency or organization;
d) The offence is committed using banned hunting equipment;
dd) Hunting in a no-hunting area or during a no-hunting period;
e) The illegal goods are traded or transported across the border;
g) The value of body parts of products of Group IIB animals or animals in Appendix II of CITES is assessed at from VND 500,000,000 to under VND 1,000,000,000; the value of body parts or products of other common wild animals is assessed at from VND 700,000,000 to under VND 1,500,000,000;
h) The illegal profit earned is from VND 200,000,000 to under VND 500,000,000;
i) Dangerous recidivism.
Thus, comparing with the above provisions, those who illegally hunt endangered, precious and rare forest animals will have different penalties depending on each level.
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