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 Laws, Regulations and Guidelines

Operation in respect of wildlife

Law on Forestry 2017

Law on Forestry No. 16/2017/QH14

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

Law on Biodiversity

Law No. 20/2008/QH12

Biodiversity Law, dated 13 November 2008

Sets out provisions in relation to sustainable development and conservation.

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 violations of the key wildlife protection laws

 Resolution 05/2018/NQ-HDTP Resolution 05/2018/NQ-HDTP, dated 05 November 2018 Guiding the implementation of Article 234 and Article 244 related to crimes on wildlife protection of Penal Code 2017 

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

Decree 35/2019/ND-CP

Decree 35/2019/NDCP
dated 10 June 2019, on Administrative Penalties in Respect of Forest Control, Forest Development, Forest Protection and Forest Product Management
Provides administrative penalties towards acts of illegal hunting, trapping, captive breeding, transporting, buying, selling, trading, storing, and processing forest products.

Decree 160/2013

Decree 160/2013/ND-CP

On the criteria to determine species and the regime of managing species under list of endangered, precious and rare species prioritized protection, dated 12 November 2013

Sets out MONRE's conservation functions in respect of Species for Prioritized Protection.Corresponds and overlaps with Decree 32/2006 and Decree 82/2006.

 Decree 64/2019/ND-CP  Decree 64/2019/ND-CP Changes 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

Decree 155/2016/ND-CP

On Penalties Imposed on Administrative Penalties in Respect of Environmental Protection, dated 18 November 2016

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

Circular 90/2008/TT-BNN

Circular 90/2008/TT-BNN

On Guidance on Settlement of Confiscated Wildlife, dated 28 August 2008

Sets out a mandatory procedure for preservation, release or treatment of wildlife confiscated under Decree 32/2006 or Decree 82/2006

Prime Minister Decision 11/2013

Decision11/2013/QD-TTg 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 elephant (Loxodonta africana) and the products made from African elephant.