Abstract
Animal husbandry plays a certain role in economic growth of the agricultural sector. Compared with conventional husbandry, wildlife farming brings important, even many times greater economic benefits with certain species. At present, however, due to different objective and subjective factors, the raising of wild animals in Vietnam has not been adequately taken care of and faced several difficulties. The inadequate legal structure for wildlife farming has caused difficulties to farmers when finding breeding supplies and product output. In addition, wildlife criminals take advantage of agricultural operations to cover up their crimes, evade the detection and handle from the authorities. In order to contribute to promoting the development of agricultural economy in general, the economy of organizations and individuals participating in animal husbandry activities in particular, we aims at recognizing, examining and reviewing the existing legal system for wildlife-farming practices, crime situation and crime handling in Vietnam in recent years in this research. We will detect the difficulties, obstacles and inadequacies of the legal framework on wildlife farming, as well as the prevention and prosecution of wildlife crimes, propose strategies and guidelines for perfecting the law and appropriately implementing law provisions.
Highlights
Vietnam is considered to be one of the countries with a high level of biodiversity in the world
Vietnam’s economy is still an underdeveloped agricultural one, with about 25 million people living on forest resources and 8 million people living on fishing
In addition to the natural and social factors that facilitate wildlife farming, there has been an increase in wildlife crime
Summary
Vietnam is considered to be one of the countries with a high level of biodiversity in the world. Vietnam has established a legal structure and criminal code to regulate wildlife farming and trade practices related to wildlife products, as well as the system of administrative sanctions and other wildlife related legal framework such as: Law on Biodiversity, Law on Foresty, Law on Fisheries, Law on Animal Husbandry, Decree No 160/2013/ND-CP dated November 12, 2013 of the Government on criteria to determine species and the regime of managing species under lists of endangered, precious and rare species prioritized protection, Decree No 06/2019/ND-CP dated January 22, 2019 of the Government on management of endangered, precious and rare species of forest fauna and flora and observation of convention on international trade in endangered species of wild fauna and flora, Decree No 35/2019/ND-CP dated April 25, 2019 of the Government stipulating penalties for administrative violations against regulations on forestry, Circular No 29/2019/TT-BNNPTNT dated December 31, 2019 of the Ministry of Agriculture and Rural Development on handling of forest animals being exhibits and Articles 234, 244 of the 2015 Penal Code, etc. Law improvement solutions are as below: Amendments to the Decree No 06/2019/ND-CP dated January 22, 2019 of the Government on allowing export, import and re-export for commercial purposes of species in CITES Appendix I that have been bred, reared or cross bred, provided that they must be the second generation held captive; marking specimens bred for sale; supplement the concept of the term “primary commercial purpose”; unifying the list of wildlife species with the Decree No 64/2019/ND-CP dated July 16, 2019 of the Government and moving towards merging these two Decrees; supplement regulations on sustainable exploitation of some wildlife species; Amendments to Article 106 of the Criminal Procedure Code, Article 47 of the Criminal Code on handling physical evidences being wild animals, parts of wild animals and documents related to isolation, quarantine, veterinary medicine for these subjects in criminal cases; amendment to the Criminal Code in the direction of criminalizing more criminal acts and clarifying the concept of the “Inseparable parts required for life”; Amendments to Decree No 35/2019/ND-CP dated April 25, 2019, to unify the Penal Code and administrative violations related to products of species of Group IB and CITES Appendix I valued at over VND 100,000,000; Solutions and recommendations in law implementation such as strengthening the capacity of law enforcement agencies, enhancing the incentive measures of wildlife husbandry for economical benefits; promoting the propagation and education to people, individuals and organizations participating in wildlife husbandry
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