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Recommendations for Improving Viet Nam's Criminal Legislation on Crimes Violating Regulations on the Protection of Wildlife, Endangered and Rare Species

By | Views: 352 | May 21, 2025

 

In recent years, Viet Nam has made many efforts to improve the legal framework for wildlife protection in order to fully implement international commitments as a party member of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Accordingly, Viet Nam’s legal system has been rated by the CITES Secretariat to be in Category 1 – legislation that is believed generally to meet the requirement for implementation of the CITES, including: i) designate at least one Management Authority and one Scientific Authority; ii) prohibit trade in specimens in violation of the Convention; iii) penalize such trade; or iv) confiscate specimens illegally traded or possessed.[i]

The 2015 Penal Code (revised in 2017) has introduced several new provisions, building upon and adjusting the regulations found in the 1999 Penal Code (revised in 2009). Specifically, Article 234 - Offences against regulations on protection of wild animals, and Article 244 - Offences against regulations on protection of endangered, rare animals, have expanded the scope of wild species under protection. These articles also specify quantitative elements such as the number, weight, or value of the wildlife involved, as well as the amount of illegal profits gained. Furthermore, the penalties for individuals have been increased, with the maximum imprisonment extended from 7 to 15 years and the maximum monetary fine raised from 500 million to 2 billion VND. Notably, in addition to individuals, commercial legal entities can now be held criminally liable for these two offenses, facing potential fines of up to 15 billion VND.

In addition, the issuance of Resolution No. 05/2018/NQ-HĐTP guiding the application of Article 234 on offences against regulations on protection of wild animals and Article 244 offenses against regulations on endangered, rare animals of the Penal Code (hereinafter referred to as Resolution No. 05/2018), together with case law No. 58/2023/AL[ii] relating to the determination of aggravating circumstances as regulated in point c Clause 3 Article 244 of the 2015 Penal Code, has promptly supported and improved the effectiveness of investigation, prosecution and adjudication of wildlife-related crimes.

PART I: GENERAL RECOMMENDATIONS

Based on results of our legal review and analysis, survey on the implementation of wildlife-related articles of the Penal Code in some localities, and consultations with representatives of wildlife protection and management authorities, law enforcement and judicial agencies, and legal research and training institutions at the workshop on “Handling criminal cases related to wildlife: Challenges and Solutions” organized by WCS Viet Nam in collaboration with the Procuratorate University’s branch in Ho Chi Minh City and the Faculty of Criminal Law - Ho Chi Minh City University of Law on March 21, 2025, we have identified some shortcomings in the provisions of Article 234 and Article 244 of the 2015 Penal Code as follows:

  1. The quantitative threshold for criminal prosecution under Article 234 of the 2015 Penal Code is too high, leading to the majority of violations that are handled by administrative penalties only. According to statistics from the Supreme People's Procuracy, in the period of 2022 - 2023, there were 17 cases that were adjudicated under Article 234 of the 2015 Penal Code, involving 17 defendants (accounting for 2.87% of the total 592 defendants convicted under Articles 234 and 244 of the 2015 Penal Code).[iii]
  2. Disproportion in criminal sanctions between Article 234 and Article 244 of the 2015 Penal Code: In Article 244, fines are regulated only for offences under Clause 1. Meanwhile, in Article 234, fines can be applied to both Clause 1 and Clause 2 – that is, even in cases with aggravating circumstances. This discrepancy leads to inconsistency in the criminal policy regarding acts infringing upon wildlife.
  3. Products of endangered and rare animals of Group IB in the list of endangered, and rare species of forest fauna and flora, and CITES Appendix I are not yet specified as subject to Article 244 of the 2015 Penal Code. Therefore, currently, the criminal procedure authorities apply the prohibited goods offences under Articles 190 and 191 of the 2015 Penal Code to handle acts of illegally transporting and trading these products, typically exemplified in cases involving pangolin scales originating from Africa.[iv]
  4. The arrangement of animal products into the same group as individuals or vital body parts necessary for life of species on the lists of endangered, and rare species prioritized protection under point b, Clause 1, Article 244 of the 2015 Penal Code is not appropriate because acts infringing upon animal products cannot be considered to have the same level of harm as infringing upon individuals or vital body parts of the animals.
  5. Criminal liability has not been differentiated for products of species on the list of endangered and rare species prioritized protection. Therefore, apart from the quantity of ivory and rhino horns regulated in separate clauses, regardless of how big quantity of the seized wildlife, the violator will only be handled under point b Clause 1, Article 244 of the 2015 Penal Code.
  6. Lack of criminalization of violation acts related to the body parts of species thar are subject to Article 244 of the 2015 Penal Code. This leads to an inconsistency where the same violation acts related to the body parts of animals belonging to a species group with a higher level of protection under Article 244 of the 2015 Penal Code may not result in criminal prosecution if it does not fall within the scope of regulations on "vital body parts", whereas Article 234 of the 2015 Penal Code has already regulated the value of animal body parts as a basis for criminal prosecution.
  7. The failure to prosecute for criminal liability in cases of seizing animals of different classes but not meeting the required quantity for each class as regulated in Article 244 of the 2015 Penal Code according to Article 6 of Resolution 05/2018/NQ-HDTP leads to unfairness in assessing the danger of the criminal act. For example,  an individual illegally trading 17 specimens of endangered and rare animals of Group IB in the list of endangered, and rare species of forest fauna and flora, and or CITES Appendix I (including: 02 mammal specimens, 06 bird specimens, 09 specimens of other animal classes) will not be prosecuted for criminal liability; whereas a subject found illegally trading 03 mammal specimens listed in the CITES Appendix I will be penalized according to the provisions in Clause 1 Article 244 of the 2015 Penal Code.
  8. There is inconsistency in the use of the term "individual specimen" in Article 234 and Article 244 of the 2015 Penal Code. Although guidance on understanding of the "individual specimen" was provided in Resolution No. 05/2018, the "individual specimen" is only mentioned in point b, Clause 1, Article 244 of the 2015 Penal Code and is not further mentioned in Clauses 2 and 3 of this article, nor it is regulated in Article 234 of the 2015 Penal Code.
  9. There is a contradiction in the quantitative thresholds for bear specimens under Clause 2, Article 244 of the 2015 Penal Code. Only the Sun Bear and Asiatic Black Bear are listed In the list of endangered and rare species prioritized protection, and Group IB in the list of endangered and rare species of forest fauna and flora; while many other bear species are listed under CITES Appendix I, such as the Giant Panda, Spectacled Bear, Sloth Bear etc. Thus, if there is an act of illegally trading or killing a bear species that is only listed under CITES Appendix I but not in the list of endangered and rare species prioritized protection... with a quantity from 03 to 07 specimens, there are sufficient grounds to charge under point d, Clause 1 Article 244 of the 2015 Penal Code; whereas point c, Clause 2 of this Article only quantifies from 03 to 05 bear specimens.
  10. Failure to fully address cases of recidivism in the field of wildlife protection. Currently, there are two articles (Article 234 and Article 244 of the 2015 Penal Code) that directly regulate acts infringing upon wildlife. If the  recidivism is only defined within each of those specific articles, then there may be a legal loophole in handling cases of recidivism involving similar acts between the two articles.
  11.  Currently, there are two different perspectives on determining the awareness of the offender, leading to inconsistency in charging. Firstly, to establish criminal liability, the criminal procedure authorities are required to prove that the offender clearly knew it was wildlife before committing the act. Secondly, there is a view that all subjects are presumed to know, and it is not necessary to prove the element of "knowing" in each specific case.

Based on the above-identified shortcomings, we propose some recommendations to improve provisions of the Article 234 and Article 244 of the 2015 Penal Code as follows:

1. Regarding the crime of violating regulations on the protection of wild animals (Article 234 of the 2015 Penal Code)

First, adjust and reduce the threshold value of wild animals, body parts of species in the Group IIB of the list of endangered and rare species of fauna and flora or CITES Appendix II, and other wildlife under Article 234 of the 2015 Penal Code as a basis for criminal prosecution.

Second, remove the fine penalty in Clause 2 of Article 234 of the 2015 Penal Code to ensure consistency, proportionality, and reasonableness between the two articles closely related to the same group of criminal acts.

2. Regarding the crime of violating regulations on the protection of endangered and rare animals (Article 244 of the 2015 Penal Code)

First, supplement the products of wildlife from Group IB in the list of endangered and rare species of forest fauna and flora and CITES Appendix I, especially pangolin scales, as subjects covered by Article 244 of the 2015 Penal Code, and simultaneously introduce specific quantitative criteria as a basis for criminal prosecution.

Second, differentiate criminal liability for products of species in the list of endangered, and rare species prioritized protection under point b Clause 1, Article 244 of the 2015 Penal Code and separate them into a distinct point, not grouped with individual specimens or vital body parts of this species.

Third, supplement body parts as subject covered by Article 244 of the 2015 Penal Code.

Fourth, supplement regulations allowing the cumulation of harmed species from different classes and converting them to a wildlife class for which the law stipulates the highest minimum quantity threshold to determine the crime and penalty.

Fifth, remove the "bear" species as a specific subject under point c, Clause 2 and Clause 3 of Article 244 of the 2015 Penal Code.

3. Regarding both of the aforementioned crimes

First, re-examine the use of the term "individual specimen" in these two articles to ensure consistency.

Second, amend the provision “...was administratively sanctioned for one of the acts regulated in Article 234 or Article 244 of the Penal Code, or was convicted for one of these two crimes and whose criminal record has not been expunged, but commits the violation again”.

Furthermore, it is necessary to have a guidelines on determining the defendant’s mental state (mens rea) of the crimes under Article 234 and Article 244 of the 2015 Penal Code.

It is an objective and urgent task for the continuous improvement of the provisions of the Penal Code related to crimes of violating regulations on the protection of wildlife, endangered and rare animals. The recommendations proposed above not only contribute to enhancing the legal effectiveness, ensuring consistency and feasibility of the criminal legislation, but also demonstrate Viet Nam's strong commitment to fulfilling international obligations and effectively protecting the nation's biodiversity resources.

 

 

PART II: COMMENTS ON THE DRAFT AMENDMENT TO ARTICLE 234, ARTICLE 244 OF THE 2015 PENAL CODE[v]

Point, Clause, (as draft)

Shortcomings and Challenges

Recommendations

Article 234 of the 2015 Penal Code

Point a, b Clause 1

According to the current Penal Code, in the basic framework for criminal prosecution, the value of the subject is determined as follows: for species in Group IIB of the list of endangered and rare species of forest fauna and flora or CITES Appendix II with value from 150,000,000 VND, for other wildlife with value from 300,000,000 VND.

In reality, results of reviewing wildlife cases and violations as well as referencing to the market prices of the above species shows that it is very rare that the seized exhibits in a single case have a sufficient value to constitute a crime. Therefore, most of the cases are handled as administrative violations. According to statistics from the Supreme People's Procuracy, in the period 2022-2023, there were about 17 cases that were adjudicated under Article 234 of the 2015 Penal Code, involving 17 defendants (accounting for 2.87% of the total 592 defendants convicted under Articles 234 and 244 of the 2015 Penal Code).[vi]

The draft revised article's proposal to raise the value threshold of seized exhibits in the basic framework - for species in Group IIB of the list of endangered and rare species of forest fauna and flora or CITES Appendix II from VND 300,000,000, and for other wildlife from VND 600,000,000 - will make criminal handling under Article 234 of the 2015 Penal Code even more difficult due to not reaching the threshold for establishing criminal liability. Thus, it will not be sufficiently deterrent against acts violating wildlife.

Maintain the quantitative thresholds for the value of wildlife species and illicit gains as regulated in the current Penal Code.

 

 

Clause 2

Under Article 244 of the 2015 Penal Code, the fine penalty is only applied to crimes under Clause 1, whereas under Article 234 of the 2015 Penal Code, the fine penalty can be applied to both Clause 1 and Clause 2.

This difference can lead to inconsistencies in the practical application of the law. For instance, an individual committing a serious violation prosecuted under Clause 2, Article 234 of the 2015 Penal Code, may only be subject to a fine penalty and not imprisonment. Meanwhile, another individual committing a less serious violation but prosecuted under Clause 1, Article 244 of the 2015 Penal Code may have to serve a prison sentence. This creates irrationality in criminal policy, as the severity of the violation is not consistently reflected in the forms of punishment.

Remove the fine penalty in Clause 2 of the Article.

 

Proposed amendment to Article 234 of the 2015 Penal Code:

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 of this Code, shall be liable to a fine from VND 100,000,000 to VND 600,000,000, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 years.

a) Illegally hunting, killing, raising, keeping, possessing, transporting, trading animals in the list of endangered, and rare species of forest fauna and flora Group IIB or CITES Appendix II valued from VND 300.000.000 150,000,000 to under VND 1.000.000.000 500,000,000 or other wildlife valued from VND 600.000.000 300,000,000 to under VND 1.400.000.000 700,000,000 or with illicit gains from VND 100.000.000 50,000,000 to under VND 400.000.000 200,000,000;

b) Illegally storing, transporting, or trading individuals, body parts, or products of animals on the list of endangered, and rare species of forest fauna and flora Group IIB or CITES Appendix II  valued from VND 300.000.000 150,000,000 to under VND 1.000.000.000 500,000,000, or other wild animals valued from VND 600.000.000 300,000,000 to under VND 1.400.000.000 700,000,000, or illicitly gaining from VND 100.000.000 50,000,000 to under VND 400.000.000 200,000,000;

c) Illegally hunting, killing, raising, keeping, storing, transporting, or trading animals, individuals, body parts, or products of animals, illicitly gaining or valued below the level specified in point a, point b of this Clause, while having incurred an administrative sanctions for any of the offenses specified in Article 234 or Article 244 of this Code, or having unspent conviction of one of these two crimes.

2. This offence committed in one of the following circumstances shall be subject to a fine from 300.000.000 600,000,000 VND to 1.500.000.000 3,000,000,000 VND, or imprisonment from 03 years to 07 years:

a) Committed by an organized group;

b) Abusing position or power;

c) Abusing the name of an agency or organisation;

d) Using banned hunting equipment;

đ) Hunting in a no-hunting area or during a prohibited time;

e) Transporting or trading across the border;

g) Animals, individuals, body parts, or products of animals on the list of endangered, and rare species of forest fauna and flora Group IIB or CITES Appendix II valued from VND 1,000,000,000 500,000,000 to under VND 2,000,000,000 1,000,000,000, or of other wild animals valued from VND 1,400,000,000 700,000,000 to under VND 1,500,000,000 500.000.000;

h) Illicitly gaining from 200,000,000 VND to under 500,000,000 VND;

i) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:

a) Animals, individuals, body parts, or products of animals on the list of endangered, and rare species of forest fauna and flora Group IIB or CITES Appendix II, valued at 2.000.000.000 1,000,000,000 VND or more, or of other wild animals valued at 3.000.000.000 1,500,000,000 VND or more;

b) Illicitly gaining 1.000.000.000 500,000,000 VND or more.

4. The offender may also be liable to a fine from 100,000,000 VND to 400,000,000 VND, prohibition from holding certain positions, practising certain professions, or performing certain jobs from 01 year to 05 years.

5. Commercial legal entities committing crimes specified in this Article shall be penalised as follows:

a) Committing this offence in any of the circumstances specified in Clause 1 of this Article shall be subject to a fine from 600,000,000 VND to 2,000,000,000 VND;

b) Committing this offence in any of the circumstances specified in points a, d, đ, e, g, h, and i of Clause 2 of this Article shall be subject to a fine from 2,000,000,000 VND to 6,000,000,000 VND;

c) Committing this offence in any of the circumstances specified in Clause 3 of this Article shall be subject to a fine from 6,000,000,000 VND to 12,000,000,000 VND, or suspension of operation for a fixed term from 06 months to 03 years;

d) Committing this offence in any of the circumstances specified in Article 79 of this Code shall have their operation permanently suspended;

đ) Commercial legal entities may also be liable to a fine from 100,000,000 VND to 400,000,000 VND, prohibition from doing business, operating in certain specific fields, or raising capital from 01 year to 03 years.

Article 244 of the 2015 Penal Code

Point b Clause 1
  • Criminal liability has not been differentiated at point b Clause 1 Article 244 of the 2015 Penal Code: apart from ivory and rhino horn in separate Clauses, regardless of whether a large or extremely large quantity of wildlife is seized, the subject is only handled according to Clause 1 Article 244 of the 2015 Penal Code. This leads to irrationality because for elephant ivory, 02 kg is a basis for criminal prosecution, whereas if a similar act is committed with elephant tail hair belonging to the list of endangered and rare species prioritized protection, any quantity can be considered a crime;
  • The grouping of animal products together with individuals or vital body parts of wildlife on the list of endangered and rare species prioritized protection under point b, Clause 1, Article 244 of the 2015 Penal Code is not appropriate because the acts of harming animal products cannot be considered to have a similar level of harm as harming individuals or vital body parts of wildlife. For example, illegally trading of 01 tiger skeleton is more serious than illegally trading 01 tiger tooth.
  • Remove “products of animals” at point b, Clause 1, and instead add a separate point to regulate animal products.
  • Differentiate criminal liability for products of all species.

Point c Clause 1

There are 08 pangolin species, including 04 species distributed in Asia and 04 species distributed in Africa. All of these pangolin species are listed in CITES Appendix I,[vii] of which 02 Asian pangolin species, the Golden Pangolin (also known as Chinese Pangolin) and the Java Pangolin (also known as Sunda Pangolin), are included in the list of endangered and rare species prioritized protection in Viet Nam, meaning they have a highest level of protection.

The current estimated value of various wildlife products is as follows:

  • Ivory: 15,000,000 – 20,000,000 VND/1 kg[viii]
  • Rhino horn: 300,000,000 – 400,000,000 VND /1 kg[ix]
  • Pangolin scales of species distributed in Africa (in 04 verdicts[x]): average about 2,380,000 VND /kg
  • Pangolin scales of species distributed in Asia (in 03 verdicts [xi]):  average about 5,780,000 VND/kg

Based on a comparison of the transaction values of different product types, it can be observed that the proposed valuation  threshold for pangolin scales in the draft revised article is only suitable for Chinese pangolins and Java Pangolin – species enjoying a higher level of protection and possessing higher commercial value in Viet Nam. However, practice of law enforcement and judicial agencies indicates that majority of cases involving the illegal trade and transportation of pangolin scales detected and handled in Viet Nam related to pangolin scales originating from Africa, which are typically found in large volume and have a lower commercial value in the black market.  

Consequently, applying the valuation level set for Java and Chinese pangolin scales to other pangolin species would result in unfairness and would not accurately reflect the nature of the violation or the actual value of the seized exhibits.

Adjust the valuation threshold of pangolin scales based on the method of calculating the average value across pangolin species and comparing it with the market prices of elephant ivory and rhino horn (refer to the illustrative table below).

 

In addition, the option of valuing pangolin scales or setting the quantifying pangolin scales by Asian and African pangolin groups can also be considered.

Table: Estimated values of wildlife product types and wildlife volumes and quantities as proposed in the draft revision of the Penal Code:

Article 244

(as draft)

Market price - VND

(1 kg)

Clause 1

Clause 2

Clause 3

Product

Weight (kg)

Total price (VND)

Weight (kg)

Total price (VND)

Weight (kg)

Total price (VND)

 

Ivory

 17,500,000

2 - 20

35,000,000 - 350,000,000

20 - 90

350,000,000 -1,575,000,000

>90

1,575,000,000

 

Rhino horn

 350,000,000

0.05 - 1

17,500,000 -350,000,000

1 - 9

350,000,000 - 3,150,000,000

>9

3,150,000,000

 

Pangolin scale (Chinese pangolin, Sunda pangolin)

 5,780,000

3 - 60

17,340,000 -346,800,000

60 - 250

346,800,000 - 1,445,000,000

>250

1,445,000,000

 

Pangolin scale (other pangolin species)

 2,380,000

3 - 60

7,140,000 -142,000,000

60 - 250

142,800,000 - 595,000,000

>250

595,000,000

 

Pangolin scale (proposed)

 4,080,000

5 - 90

20,400,000 -367,200,000

90 - 400

367,200,000 - 1,632,000,000

>400

1,632,000,000

 

 

 

Point g Clause 1

Overlaps with the content of point a and point b, Clause 1, regarding the illegal storage, transportation, and trading of animals on the list of endangered and rare species prioritized for protection (the quantity of animals serving as the basis for criminal prosecution)

Remove this point.

Clause 1

Criminalization has not yet been applied to acts involving infringement upon the body parts of the species falling within the scope of this article.

According to the provisions of the article, the subject is limited to “vital body parts ” of animal on the list of endangered and rare species prioritized protection or Group IB of the list of endangered and rare species of forest fauna and flora, and CITES Appendix I, but has not yet regulated other body parts. Meanwhile, Article 234 of the 2015 Penal Code has stipulated the value of body parts of species at a lower level of protection than this Article, to serve as a basis for criminal prosecution. This leads to an inconsistency where, for the same act involving infringement upon animal body parts, the acts against species with a higher level of protection under Article 244 of the Penal Code may not be criminally prosecuted if the animal body parts do not fall within the scope of the regulation on “vital body parts”.

With this approach, it can be seen that the scope of protection under Article 234 of the 2015 Penal Code appears somewhat more comprehensive in terms of considering the value of each animal body part, instead of being limited only to “vital body parts” only as stipulated in Article 244 of the 2015 Penal Code.

Add 'body parts' as the subject of this Article

Criminal penalties have not been stipulated for products of species in Group IB of the list of endangered and rare species of forest fauna and flora or CITES Appendix I that are not on the list of endangered and rare species prioritized protection, except elephant ivory, rhino horn, and pangolin scales.

Thus, similar to handling of the cases related to pangolin scales of species on CITES Appendix I, but not on the list of endangered and rare species prioritized protection, criminal procedure authorities currently must apply the offenses related to prohibited goods under Articles 190 and 191 of the 2015 Penal Code.

Add products of species in Group IB of the list of endangered and rare species of forest fauna and flora or CITES Appendix I that are not on the list of endangered and rare species prioritized protection as the subject of this Article.

 

Proposed amendment to Article 244 of the 2015 Penal Code:

Article 244. Offences against regulations on protection of endangered and rare animals

1. Any person who violates regulations on the protection of animals on the list of endangered, and rare species prioritised for protection or the list of endangered, and rare species of forest fauna and flora Group IB or CITES Appendix I in any of the following circumstances shall be liable to a fine of from 1,000,000,000 VND to 4,000,000,000 VND or face a penalty of from 01 year to 05 years’ imprisonment:

a) Illegally hunting, killing, raising, keeping, transporting, or trading animals on the list of endangered, and rare species prioritized protection;

b) Illegally storing, transporting, or trading animals, vital body parts or products of animals specified at point a of this Clause;

c) Illegally storing, transporting, or trading elephant ivory with a quantity ranging from 02 kilogram to under 20 kilogram; rhino horn with a quantity ranging from 50 grams to under 01 kilogram; pangolin scales ranging from 03kg 05 kilogram to under 60kg 90 kilogram;

d) Illegally hunting, killing, raising, keeping in captivity, transporting, or trading animals on the list of endangered, and rare species of forest fauna and flora Group IB or CITES Appendix I that are not species specified at point a of this Clause, in a quantity of from 03 to 07 individuals of class mammalia, from 07 to 10 individuals of class birds or reptiles, or from 10 to 15 individuals of other classes;

đ) Illegally storing, transporting, or trading individuals, vital body parts of from 03 to 07 individuals of class mammalia, from 07 to 10 individuals of class birds or reptiles, or from 10 to 15 individuals of other classes specified at point d of this Clause.

e) Illegally storing, transporting, or trading body parts, products of animals that do not fall under point c of this Clause, with a value from 50,000,000 VND to 150,000,000 VND, or earning illicit profits ranging from 50,000,000 VND to under 200,000,000 VND;

g) Illegally hunting, killing, raising, keeping in captivity, transporting, or trading animals, or illegally storing, transporting, or trading specimens, vital body parts, body parts, or products of animals with a quantity or value below the thresholds specified at points c, d, đ, and e đ of this Clause, while having incurred an administrative penalties for any of the offenses stipulated in Article 234 or Article 244 of this Code or having an unspent conviction of one of these two crimes.

g) Illegally storing, transporting, or trading animals on the list of endangered, and rare species prioritised for protection with a value ranging from 100,000,000 VND to under 2,000,000,000 VND.

 

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The quantity of animals, individuals, or vital body parts of from 03 to 07 individuals of class mammals, from 07 to 10 individuals of class birds or reptiles, or from 10 to 15 individuals of other animal classes specified at point a, Clause 1 of this Article;

b) The quantity of animals, individuals, or vital body parts of from 08 to 11 individuals of class mammals, from 11 to 15 individuals of class birds or reptiles, or from 16 to 20 individuals of other animal classes specified at point d, Clause 1 of this Article;

c) From 01 to 02 individuals of elephants, rhinos, or body parts inseparable from the life of from 01 to 02 individuals of elephants, rhinos; from 03 to 05 individuals of bears, tigers, or vital body parts from 03 to 05 individuals of bears, tigers;

d) Elephant ivory with a quantity ranging from 20 kilograms to under 90 kilograms; rhino horn with a quantity ranging from 01 kilogram to under 09 kilograms; pangolin scales with a quantity ranging from 60 90 kilograms to under 250 400 kilograms;

đ) Body parts, products of animals that do not fall under point d of this Clause, with a value of from 150,000,000 VND to 300,000,000 VND, or earning illicit profits ranging from 200,000,000 VND to under 500,000,000 VND;

e) Committed by an organized group;

g) Abusing one's position or power, or abusing the name of an agency or organisation;

h) Using banned hunting equipment;

i) Hunting in a no-hunting area or during a prohibited time;

k) Transporting and trading across borders;

l) Dangerous recidivism.

l) Illegally storing, transporting, or trading animals on the List of Endangered and Rare Species prioritised for protection with a value ranging from 2,000,000,000 VND to under 18,000,000,000 VND.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The quantity of animals, individuals, or vital body parts of 08 or more individuals of mammals, 11 or more individuals of birds or reptiles, or 16 or more individuals of other animal classes specified at point a, Clause 1 of this Article;

b) The quantity of animals, individuals, or vital body parts of 12 or more individuals of mammals, 16 or more individuals of birds or reptiles, or 21 or more individuals of other animal classes specified at point d, Clause 1 of this Article;

c) From 03 or more individuals of elephants, rhinos, or vital body parts of 03 or more individuals of elephants, rhinos; 06 or more individuals of bears, tigers, or vital body parts of 06 or more individuals of bears, tigers;

d) Elephant ivory with a quantity of 90 kilograms or more; rhino horn with a quantity of 09 kilograms or more; pangolin scales with a quantity of 250 400 kilograms or more;

đ) Body parts, products of animals that do not fall under point d of this Clause, with a value of 300,000,000 VND or more, or earning illicit profits exceeding 500,000,000 VND;

đ) Illegally storing, transporting, or trading animals on the List of Endangered and Rare Species prioritised for protection with a value of 18,000,000,000 VND or more.

4. The offender may also be liable to a fine of between 100,000,000 VND and 400,000,000 VND, prohibited from holding certain positions, practising certain professions, or doing certain jobs for a period of between 01 year and 05 years.

5. Commercial legal entities committing the crime specified in this Article shall be penalised as follows:

a) Committing this offense in any of the circumstances specified in Clause 1 of this Article shall be liable to a fine of from 2,000,000,000 VND to 10,000,000,000 VND;

b) Committing this offense in any of the circumstances specified in points a, b, c, d, đ, g, h, i and k of Clause 2 of this Article shall be liable to a fine of from 10,000,000,000 VND to 20,000,000,000 VND;

c) Committing this offense in any of the circumstances specified in Clause 3 of this Article shall be liable to a fine of between 20,000,000,000 VND and 30,000,000,000 VND or suspension of operation for a definite period of from 06 months to 03 years;

d) Committing this offense in any of the circumstances specified in Article 79 of the Penal Code shall be liable to permanent suspension of operation;

đ) Commercial legal entities may also be liable to a fine of from 600,000,000 VND to 1,200,000,000 VND, prohibited from doing business, operating in certain fields, or raising capital for a period of from 01 year to 03 years.

 

 

 

 

 

References:

WCS Viet Nam, Procuratorate University’s branch in Ho Chi Minh City and the Criminal Law Faculty - Ho Chi Minh City University of Law. (2025). Workshop Proceedings "Handling criminal wildlife cases: Challenges and Solutions”.

WCS Viet Nam. (2024). Report on the Review of the Vietnamese Legal Framework Related to Wildlife. Ha Noi, Viet Nam: WCS Viet Nam.

 

[i] See the table evaluating the status of legal development related to the implementation of the CITES Convention by the CITES Secretariat: https://cites.org/eng/legislation/parties.

[ii] See details of Case Law No. 58/2023/AL regarding the aggravating circumstances for sentencing at Point c, Clause 3, Article 244 of the Penal Code at: https://anle.toaan.gov.vn/webcenter/portal/anle/chitietanle?dDocName=TAND292157.

[iii] WCS Viet Nam (2024). Report on the situation of wildlife crime and law enforcement responses in Viet Nam, Period 2022-2023. Hanoi, Viet Nam: WCS Viet Nam.

[iv] According to the database of WCS Viet Nam, in the period 2018-2023, Vietnamese competent authorities seized 52,319 kg of pangolin scales, mainly scales from African pangolin species. However, the practical application of law in handling cases related to African pangolin scales still faces difficulties, such as some localities were able to appraise the value of pangolin scales to handle according to Articles 190 and 191 of the 2015 Penal Code, but some localities were unable to appraise the value.

[v] According to the content of the draft Penal Code (amended) issued together with the Appraisal dossier of the draft Penal Code project (amended) published on the electronic portal of the Ministry of Justice on April 3, 2025.

[vi] WCS Viet Nam (2024). Report on the situation of wildlife crime and law enforcement responses in Viet Nam, Period 2022-2023. WCS Viet Nam. Hanoi, Viet Nam.

[vii] See Appendix II issued together with Notification No. 25/TB-CTVN dated February 17, 2023, of the CITES Management Authority of Viet Nam on the announcement of the list of wild animal and plant species in the CITES Appendices.

[viii] According to open sources: transaction prices on the black market.

[ix] According to open sources: transaction prices on the black market.

[x] Verdict No. 113/2024 dated June 26, 2024, of the People's Court of Nghe An province: 2,543.5 kg of pangolin scales of Giant pangolin, Long-tailed pangolin, White-bellied pangolin species, appraised value: 12,672,500,000 VND, i.e., 4,982,307 VND/kg (price surveyed in August 2023).

Verdict No. 80/2023/HSST dated June 21, 2023, of the People's Court of Cao Bang province: 200 kg of Giant pangolin scales, appraised value 370,000,000 VND, i.e., 1,850,000 VND/kg (price surveyed in July 2022).

Verdict No. 234/2022/HSPT dated July 12, 2022, of the People's Court of Hanoi City: 984 kg of White-bellied tree pangolin scales, appraised value 1,328,400,000 VND, i.e., 1,350,000 VND/kg (price surveyed in April 2021).

Verdict No. 45/2021/HSST dated June 02, 2021, of the People's Court of Hung Yen province: 780 kg of Ground pangolin and White-bellied tree pangolin scales, appraised value 1,053,000,000 VND, i.e., 1,350,000 VND/kg (price surveyed in August 2020).

[xi] Verdict No. 46/2022/HSST dated October 31, 2022, of the People's Court of Huong Khe district, Ha Tinh province: suspect Nguyen Song H bought 0.6 kg of Javan pangolin scales for the price of 3,600,000 VND, i.e., 6,000,000 VND/kg (transaction time in May 2022)

erdict No. 267/2022/HSST dated November 30, 2022, of the People's Court of Tan Uyen town, Binh Duong province: suspect Tran Hong H sold 250 grams of Javan pangolin scales for the price of 2,400,000 VND, i.e., 9,600,000 VND/kg (transaction time in September 2022).

Verdict No. 41/2023/HSST dated September 18, 2023, of the People's Court of Can Loc district, Ha Tinh province: suspect Dang Van D bought 15.8 kg of Javan pangolin scales for the price of 28,000,000 VND, i.e., 1,750,000 VND/kg (transaction time in April 2023).

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