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.

Law on Environment Protection

Law 55/2014/QH13

Law on Environmental Protection, dated 23 June 2014

Provides statutory provisions on environmental protection activities; measures and resources used for the purpose of environmental protection; rights, powers, duties and obligations of regulatory bodies, agencies, organizations, households and individuals who are tasked with the environmental protection task.

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

Decree 32/2006/ND-CP

Decree 32/2006/ND-CP

On Management of Endangered, Precious and Rare Species of Wild Plants and Animals, dated 30 March 2006

Regulates permitted commercial exploitation, transport and possession of Protected Animals, subject to certain exceptions

Decree 82/2006/ND-CP

Decree 82/2006/ND-CP

On Management of Export, Import, Re-Export and Introduction from the Sea, Transit, Breeding, Rearing and Artificial Propagation of Rare, Endangered and Precious Wild Animals and Plants, dated 10 August 2006

This decree covers export, import, re-export, introduction from the sea and breeding responsibilities of species on both CITES Appendices I, II and III, as well as species listed in Groups I and II in Decree 32/2006/ND-CP.

Decree No.157/2013/ND-CP

Decree 157/2013/ND-CP

On Administrative Penalties in Respect of Forest Control, Forest Development, Forest Protection and Forest Product Management, dated 11 November 2013

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

Decree No. 40/2015/ND-CP

Decree 40/2015/ND-CP

Amending and supplementing Decree 157/2013, dated 27 April 2015

Amends Art. 22 and 23 of Decree No.157/2013/ND-CP

Decree No. 41/2017/ND-CP-CP

Decree No. 41/2017/ND-CP 

Dated 05 April 2017 on amendment and supplementation to a number of articles of the decree on administrative penalties for violations in fields of aquaculture, veterinary , animal breeds, animal feed; forest management, development and protection, and forestry product management

Amends articles 21, 22, 23, 25, 29 of Decree No.157/2013/ND-CP

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 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

Decision No. 95/2008

Decision No. 95/2008/QD-BNN

On Management and Conservation of Captive Bears, dated 29 September 2008

Regulates treatment of captive bears in Viet Nam

The Decision was based on Decrees 82/2006 and 32/2006, and was made in consideration of requests by the chief of the National FPD

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.