Law database

The illegal wildlife trade in Viet Nam is governed and regulated by a number of different legislative instruments and decisions. These legislative instruments are presented in the below structure for ease of access by relevant ministries and local authorities in Viet Nam.

 

Key legislations

Provisions  in respect of wildlife

Penal Code 2015 (amended in 2017)

Criminal Code No.100/2015/QH13

adopted 27 November 2015, amended by Law No 12/2017/QH14 dated 20 June 2017. Entry into force expected for early 2018.

Sets out criminal penalties for offences against regulations on management and protection of wild animals, endangered and rare animals (illegally hunting, killing, raising, imparking, storing, transporting, trading wild animals, body parts and products thereof) and other wildlife-related offences.

 

Law on Forestry 2017

Law on Forestry No. 16/2017/QH14 dated 15 November 2017

Provides general provisions on management and protection of forests; and trading and processing of forest products

 

Law on Biodiversity 2008 (amended in 2018)

Law No. 20/2008/QH12

Biodiversity Law, dated 13 November 2008

Sets out provisions in relation to sustainable development and conservation.

 

Decree 06/2019/ND-CP

Decree 06/2019/ND-CP

dated 10 March 2019

Decree on the management of endangered, precious and rare wild fauna and flora, and the implementation of the Convention on International Trade in Endangered species of Wild Fauna and Flora (CITES)

 

Decree 84/2021/ND-CP

Decree 84/2021/ND-CP amending certain provisions of Decree 06/2019 on wildlife management and CITES implementation

Amending certain provisions of Decree 06/2019 on the management of endangered, precious and rare wild fauna and flora, and the implementation of the CITES

 

Decree 35/2019/ND-CP

Decree 35/2019/ND-CP
dated 25 April 2019, on Administrative Penalties in the field of forestry

Provides administrative penalties towards acts of illegal hunting, captive breeding, transporting, buying, selling, trading, storing, and processing forest products.

 

Decree 160/2013/ND-CP

Decree 160/2013/ND-CP dated 12 November 2013

On the criteria to determine species and the regime of managing species under list of endangered, precious and rare species prioritized protection,

Sets out MONRE's conservation functions in respect of Species for Prioritized Protection; stipulates criteria to determine species and the regime of managing species under lists of endangered, precious and rare species prioritized protection; promulgates lists of endangered, precious and rare species prioritized protection.

 

Decree 64/2019/ND-CP 

 Decree 64/2019/ND-CP 

Amends Article 7 of Decree 160/2013/ND-CP about updating the new list of rare and threatened species who are a priority for conservation.

 

Decree 155/2016/ND-CP (amended in 2021)

Decree 155/2016/ND-CP

On Penalties Imposed on Administrative Penalties in Respect of Environmental Protection, dated 18 November 2016 (amended by Decree 55/2021/ND-CP dated 24 May 2021)

Sets out administrative penalties for certain breaches of Decree 160/2013.

 

Prime Minister Decision 11/2013/QD-TTg

Decision11/2013/QD-TTg dated 24 January 2013, of the Prime Minister

Prohibition on export, import, selling and buying of specimens of some wild animals listed under Appendices of CITES

On Rhinoceros and African elephant

Prohibits the import, export, buying and selling of:

1. The specimens of white rhinoceros (Ceratotherium simum) and the products made from white rhinoceros.

2. The specimens of black rhinoceros (Diceros bicornis) and the products made from black rhinoceros.

3. The specimens of African elephants (Loxodonta africana) and the products made from African elephants.

 

 Resolution 05/2018/NQ-HDTP

 Resolution 05/2018/NQ-HDTP, dated 05 November 2018, of the Justice Council of Supreme People’s Court

Guides the application of Article 234 on violations against the regulations on wild animal welfare, Article 244 on violations against the regulations on endangered and rare animals of the Criminal Code and Article 106 of the Criminal Procedure Code on handling of material evidence during the judging process

 

Circular 29/2019/TT-BNNPTNT

Circular 29/2019/TT-BNNPTNT dated 31 Dec 2019

On handling of forest animals being exhibits; and forest animals voluntarily submitted to the state by organizations and individuals

 

Sets out a mandatory procedure for preservation, release or treatment of wildlife confiscated in administrative and criminal cases.