On January 3, I met a person selling 5 golden pangolins on the street. Because I wanted to rescue them to release them back into the wild, I bought them for 20 million VND. Right after I bought it, I was caught by the police and confiscated 5 pangolins on the spot. So in this case, can I handle the matter if my goal is to buy wild animals just to free them? I hope LSX Lawfirm can answer my questions about the problem “Is it fine to buy wild animals in Vietnam to free them?”, as follows:
Legal grounds
Penal Code 2015 Amendment and Supplement 2017
Is it illegal to buy wild animals to release them?
Accordingly to Appendix I of Decree 160/2013/ND-CP dated 12/11/2013 on criteria for species identification and species management regime on the list of endangered precious and rare species prioritized for protection, the yellow pangolin in the group of endangered, precious, and rare animals prioritized for protection.
Regarding sanctioning of administrative violations: According to the provisions of Clause 5, Article 23 of Decree No. 35/2019/ND-CP dated April 25, 2019, providing for sanctioning of administrative violations in the field of forestry, who Those who illegally store, buy or sell forest animals, body parts or products of forest animals on the list of endangered, precious and rare forest plants and animals may be subject to a fine of from 70,000,000 VND to 90,000,000 VND then.
Regarding criminal prosecution: people who illegally hunt, kill, raise, confine, store, transport, and trade in endangered precious and rare animals may be examined for penal liability for crimes of violating regulations on the protection of endangered, precious, and rare animals are specified in Article 244 of the Penal Code 2015 as amended and supplemented in 2017.
What are wild animals?
Wild animals specified in Article 234 of the Penal Code; are animals on the list of endangered, precious, and rare forest plants and animals, Group IIB; according to the regulations of the Government; or Annex II to the Convention on International Trade in Endangered Species of Animals; endangered wild plants.
Many wild animals are in danger of extinction due to the wildlife trade; on an increasingly larger scale. Was once an extremely abundant species; The number of Asian elephants in Vietnam has decreased rapidly to less than a hundred individuals in the wild. Sadly, Vietnam is both a supplier; transshipment, and destination for wildlife trafficking.
How is the act of buying and selling wild animals online?
Sanctions for administrative violations of online trading of wild animals
So For organizations and individuals that violate the law on advertising, trading in buying and selling wild animals, and wildlife products on the Internet, Depending on the nature and seriousness of the violation and each specific case, it may be administratively fined or examined for penal liability. The fact that you have seen some websites selling wild animals and meat (wild boars, mink), dried animals (chamois, geckos); and some animals on the list of rare and precious species is illegal. Specifically:
- Firstly, Acts of advertising to trade in forest plants and animals, and their products are contrary to the provisions of the law, may be fined from 1 million VND to 1.5 million VND; according to the provisions at point dd, clause 4, Article 16 (Violations against the general regulations of the State on forest protection;) Decree 35/2019/ND-CP dated April 25, 2019 of the Government providing for penalties for violations administration in the forestry sector.
- Secondly, Acts of hunting, killing, raising or confining wild animals against the law; but not to the extent of criminal prosecution; may be fined from 5 million VND to 400 million VND; according to the provisions of Article 21 (Violations against regulations on forest animal protection) Decree 35/2019/ND-CP.
What is the crime of hunting wild animals?
Illegal wildlife hunters; may examined for penal liability for one of two crimes: Crime of violating regulations on management, wildlife protection in Article 234, or Crime of violating regulations on management and protection of endangered, precious, and rare animals, in Article 244 of the 2015 Penal Code then.
- Firstly, With the crime of violating regulations on management and protection of wild animals: According to Article 234 of the Penal Code 2015, amended and supplemented in 2017; offenders will fined from 50 to 300 million dong; non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years
- Secondly, For the crime of violating regulations on management and protection of endangered, precious and rare animals: A fine of between VND 500 million and VND 02 billion; or imprisonment from 1 to 5 years.
So For more serious violations; could face higher prison sentences for these crimes.
Buying wild animals to free them is criminally handled?
According to article 244, Criminal Code 2015, offenders may be subject to the following penalty frames:
Frame 1
So Those who violate regulations on the protection of animals on the list of endangered species; precious and rare prioritized for protection; or List of endangered forest plants and animals; precious and rare Group IB or Appendix I to the Convention on International Trade in Species of Animals; endangered wild plants in one of the following cases; shall be subject to a fine of between VND 500,000,000 and 2,000,000,000 or a prison term of between 01 and 05 years.
a) Firstly, Hunting, killing, raising, confining, transporting; illegally trading animals on the list of endangered precious and rare species prioritized for protection then;
b) Secondly, Illegally storing, transporting, or trading in individuals; body parts that cannot be separated from the life or products of animals specified at point a of this clause;
c) Thirdly, Ivory weighing between 02 kilograms and under 20 kilograms; rhino horn weighing between 50 grams and under 1 kilogram;
d) Finally, Hunting, killing, raising, confining, transporting, illegally trading animals on the list of endangered forest plants and animals, precious and rare Group IB or Appendix I to the Convention on International Trade in Species of Animals; endangered wild plants; which do not belong to the species specified at Point an of this Clause with the number from 03 individuals to 07 individuals of the mammal class; from 07 individuals to 10 individuals of the class of birds and reptiles; or from 10 individuals to 15 animals of another class;…
Frame 2
Committing the crime in one of the following circumstances, the offenders shall sentenced to between 5 and 10 years of imprisonment:
a) Number of animals; or body parts that cannot be separated from the life of from 03 individuals to 07 individuals of the mammal class; from 07 individuals to 10 individuals of the class of birds and reptiles; or from 10 individuals to 15 individuals of animals of another class specified at Point a, Clause 1 of this Article.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “Is it fine to buy wild animals in Vietnam to free them?“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
- FB: www.facebook.com/luatsux
- Tiktok: https://www.tiktok.com/@luatsux
- Youtube: https://www.youtube.com/Luatsux
Related article
Prohibited acts in animal husbandry in Vietnam
Conditions for livestock farm animal husbandry business in Vietnam
Certificates of food hygiene and safety for business households in Vietnam
Related questions
Wild animals are animals on the list of endangered species; precious and rare species prioritized for protection or the list of forest plants; endangered forest animals; precious; rare according to the provisions of Vietnamese law and international treaties then.
In case wild animals are found running into your house, you can contact the People’s Committees at all levels of the Forest Protection Department; Environmental Police Department; The provincial police where you are keeping wild animals shall carry out the prescribed procedures; handing over wild animals to the Center for Wildlife Rescue and Forest Protection Technology under the Provincial Forest Protection Department; where you live then.
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question about: “Is it fine to buy wild animals in Vietnam to free them?“. If you need more information, please contact LSX Law firm: +84846175333 or Email: [email protected].
Conclusion: So the above is Is it fine to buy wild animals in Vietnam to free them?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
