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| A rescued animal is released back to the wild at Bu Gia Map national park__Photo: VNA |
Be Tieu Phuong*[1] Le Kim Chi, Do Huu Gia Huy
Role of law in wildlife rescue
According to the United Nations Intergovernmental Commission’s Global Assessment Report on Biodiversity and Ecosystem Services, the current rate of biodiversity loss is “unprecedented in human history”. Out of 8 million species of animals and plants on Earth, 1 million are on the brink of extinction.[2] This decline in wildlife populations is largely driven by human activities, particularly widespread illegal hunting and trading of endangered species. In response to this crisis, Vietnam has progressively enhanced its institutions and legal framework for wildlife conservation and protection, thus establishing a solid legal basis for addressing wildlife-related violations.
The law on wildlife rescue enhances the management and supervision of rescue activities, providing authorities with specific legal tools to address wildlife-related violations. It also improves the quality of rescue operations, ensures safety for rescue personnel, and minimizes negative impacts on wildlife.
Major contents of the law on wildlife rescue
First of all, the law on wildlife rescue specifies the conditions for wildlife rescue, which are crucial for identifying agencies, centers, and organizations responsible for ensuring timely rescue operations. Secondly, it establishes clear legal procedures for animal rescue, facilitating rescue activities of both state authorities and people. Thirdly, the law defines responsibilities of all parties involved in wildlife rescue so as to ensure that they will fulfill their duties in accordance with law. Finally, it specifies acts of violation and corresponding sanctions, aimed at deterring misconducts and minimizing risks in rescue efforts, thereby encouraging rescue members to uphold their responsibilities.
In practice, the implementation of the law on wildlife rescue encounters numerous challenges and shortcomings which result from overlaps and inconsistencies in the legal systems. Therefore, it is essential to evaluate and refine the law to ensure its effective implementation.
Evaluation of the law on wildlife rescue and law enforcement activities
The process of rescuing wildlife involves multiple stages, including inspection, appraisal, and management. Currently, wildlife rescue is addressed in various legal documents, such as regulations on wildlife rescue facilities (the 2008 Law on Biodiversity, revised in 2018; 2017 Law on Forestry; the Ministry of Natural Resources and Environment’s Circular 25/2016/TT-BTNMT, providing forms of application, certificate of biodiversity conservation center, and report on conservation of endangered, precious and rare species prioritized for protection for use by biodiversity conservation facilities. The 2015 Criminal Procedure Code, revised in 2021, also contains a number of provisions on handling wildlife as evidence or during the rescue process. Additionally, some localities like Hanoi, Quang Binh and Quang Ninh have issued specific decisions governing wildlife rescue activities in their localities.
It can be said that regulations on wildlife rescue are scattered and inconsistent, causing difficulties in not only law enforcement but also attribution of responsibilities, leading to overlapping authority and tasks among various agencies and departments, and consequently, reducing the effectiveness of the law enforcement.
Provisions on rescue facilities
Physical foundations: Current legal documents provide in detail the registration, issuance, and revocation of certificates for biodiversity conservation facilities or rescue centers as well as papers and documents needed for their establishment. However, these regulations primarily focus on procedural completion, without specifying standards and criteria for evaluating rescue facilities. For instance, Article 42.2 of the 2008 Law on Biodiversity states that facilities must meet certain conditions to be certified as biodiversity conservation facilities: “Having adequate land areas, cages and physical foundations meeting requirements for rearing, planting or breeding species on the List of endangered, precious and rare species prioritized for protection; wildlife rescue; or storing and preserving genetic resources and genetic specimens.” Article 4.2 of Circular 29/2019/TT-BNNPTNT on the handling of forest animals being exhibits; and forest animals voluntarily handed over to the State by organizations and individuals stipulates: “In case the authority temporarily seizing a forest animal is unable to take care of or preserve the animal, it shall be cared for or preserved by a facility capable of such task pending the issuance of a handling decision by a competent person.” These regulations mention “adequate” or “capable of” without providing specific guidance on what “adequate” or “capable of” mean. Consequently, there is no clear basis for determining which facilities are capable of caring for and preserving confiscated animals, making this provision challenging to implement. It is the lack of detailed comparative standards that is the reason why the quality of wildlife rescue agencies cannot be effectively controlled.
Professional qualifications of technical staff: Regulations on professional qualifications of technical staff are not yet stringent. Specifically, Article 42.2.b of the 2008 Law on Biodiversity stipulates “Having technicians with appropriate professional qualifications.” Similarly, the Hanoi People’s Committee, in Decision 31/2022/QD-UBND, only provides that professional technical staff and veterinary personnel must possess professional qualifications and degrees that “align with the job requirements approved by the Hanoi People’s Committee”. However, these regulations only mention the criterion of “requirements” without providing specific assessment guidelines to determine. The lack of clarity and strictness in regulation on selection and appointment of personnel of rescue agencies leads to difficulties in securing specialized human resources, ultimately affecting the capacity to conduct wildlife conservation and rescue activities in Vietnam[3].
Provisions on rescue processes, regulations and procedures
For the time being, legal documents primarily focus on handling procedures. For instance, Article 47 of the 2008 Law on Biodiversity outlines the rescue of species on the List of endangered, precious and rare species prioritized for protection as follows: “Organizations and individuals that discover individuals of species on the List of endangered, precious and rare species prioritized for protection which lose their natural habitats, stray or are injured or diseased shall immediately inform the nearest commune-level People’s Committee or rescue center thereof. Upon receiving such information, the commune-level People’s Committee shall promptly report it to the specialized agency of the provincial-level People’s Committee or the nearest rescue center.” Similarly, Article 12.3.b of Circular 29/2019/TT-BNNPTNT on handling of wild animals as evidence states: “If the rescue operation entails transfer of the forest animal to the rescue facility, the regulatory body or person competent to decide on the rescue operation shall draw up a record on delivery of the animal for rescue purpose.” These regulations focus on the procedures for handling wild animals in need of rescue but do not specify the rescue steps. Moreover, they primarily apply to endangered, precious and rare species prioritized for protection, while many other species also require rescue.
Provisions on sanctions
After the 2015 Penal Code (revised in 2017) was passed, on February 24, 2017, the Ministry of Agriculture and Rural Development issued Circular 04/2017/TT-BNNPTNT promulgating the List of endangered species of wild fauna and flora specified in the Appendices to Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Most recently, in 2023, the CITES Management Authority of Vietnam issued Notice 25/TB-CTVN announcing the List of wild animals and plants in the Appendices of the CITES. Additionally, the species lists in Decree 06/2019/ND-CP (revised by Decree 84/2021/ND-CP) and Decree 160/2013/ND-CP (revised by Decree 64/2019/ND-CP) are crucial documents for administrative agencies and legal authorities when determining violations.[4]
Orientations for improving the legal system on, and raising the efficiency of, wildlife rescue activities
Firstly, there must be specific and unified regulations on wildlife rescue. Law- and policy-makers should focus on addressing gaps, ambiguities, overlaps, and violations to achieve sustainable and long-term development. It is essential to systematically review and limit the authority vested under laws, decrees, and circulars to avoid omissions and enhance the effect of the law on wildlife rescue. Regulations on wildlife rescue must be comprehensive, consistent, feasible and effective.[5]
Secondly, it is necessary to develop technical standards on wildlife rescue that clearly define the scope of regulation, applicable subjects, and technical requirements. These standards should refer to the National Technical Regulation on Re-introduction of Forest Animals in 2009[6] and include the following: safety requirements for rescued animals, technical staff, and rescue centers; specific criteria for the initial inspection and classification of animals; requirements for isolation, treatment, disease and injury inspection, and hygiene. Requirements should be tailored for each group of animals so as to achieve the highest rescue efficiency, including rescue time, steps, and notes on arranging the recovery environment for each species. Meanwhile, post-classification processing requirements should be based on the status and recovery progress of each species, with specific notes for implementation.
Thirdly, competent authorities should coordinate with rescue and veterinary centers to develop rescue manuals for each group of wildlife species. These manuals will serve as guidelines for those involved in wildlife rescue activities, providing information on identifying, rescuing, and caring for injured, abandoned or trafficked wildlife. Additionally, these manuals will provide specific regulations and instructions for each animal species to ensure that rescue and care are conducted safely and effectively. One example is the manual “Identifying and rescuing turtles from illegal trade,” developed by the United States Agency for International Development (USAID) in collaboration with the Ministry of Agriculture and Rural Development. This manual includes guidelines on classifying and identifying turtles, basic turtle care and handling techniques, common issues in trafficked wildlife, notes on animal care and transportation, and basic care techniques when confiscating animals. With detailed and specific instructions, the manual have improved the effectiveness of rescue operations, as well as the recognition of violations and the prevention of actions that harm animals.
Fourthly, Vietnam needs to establish regulations on animal welfare, both in general and specifically for wildlife, within related documents, with the aim of developing a separate law on this issue. Animal welfare, which ensures the health, happiness and natural development of animals, is a growing concern in many countries. Regulations on animal welfare must be issued to ensure proper protection and care. Additionally, it is essential to improve the natural habitats of animals by providing food and creating suitable living environments, ensuring that wildlife have good living conditions immediately after being rescued and released.
Lastly, it is necessary to establish a legal mechanism to address violations in the wildlife rescue process, such as exploiting positions and powers to intentionally breach rescue procedures for personal gain, and misidentifying species, which can hinder the rescue process.
In addition to improvement of the legal system, investment in rescue centers should be prioritized, as they are the agencies responsible for enforcing the standards. It is necessary to establish mechanisms to encourage and promote the development and increase the number of wildlife rescue centers. Enhancing welfare and treatment for personnel is crucial, as this field requires significant sacrifice and responsibility, and appropriate compensation is needed to develop and retain human resources.
In conclusion, prioritizing wildlife rescue is crucial given the global decline of animal species and the resulting ecosystem imbalance. Therefore, it is essential to prioritize and focus on conservation and the development of wildlife species, with rescue activities being the key component.-
[1] University of Law, Vietnam National University, Hanoi, Email: tieuphuong191@gmail.com.
[2] TTXVN/Vietnam+; Joining hands to protect wildlife in Vietnam: Facing the declining trend, by Vietnam+; published on May 21, 2021; Link: https://www.vietnamplus.vn/chung-tay-bao-ve-loai-hoang-da-o-viet-nam-doi-mat-xu-huong-suy-giam/714198.vnp (accessed on February 12, 2023).
[3] Anh Ngoc; Many difficulties in wildlife rescue; posted on December 9, 2021; Website: https://kinhtedothi.vn/nhieu-kho-khan-trong-cuu-ho-dong-vat-hoang-da.html; accessed on February 12, 2023.
[4] Bich Lan-Bui Hung; Completing the legal framework on the protection of endangered, precious and rare wildlife; Vietnam National Assembly Portal; posted on November 20, 2020; Website https://quochoi.vn/bancongtacdaibieu/tintuc/Pages/tin-hoat-dong.aspx/tin-hoat-dong. aspx?ItemID=216; accessed on February 13, 2023.
[5] MSc. Ha Thi Nguyet Thu, Department of Intellectual Property - Ministry of Science and Technology; Some basic criteria to assess the level of perfection of the law on handling acts of infringement of industrial property rights to trademarks in Vietnam; Electronic Journal of Political Theory; posted on December 19, 2016; Website: http://www.lyluanchinhtri.vn/home/index.php/dien-dan/item/1777-mot-so-tieu-chi-co-ban-danh-gia-muc-do-hoan-thien-cua-phap-luat-ve-xu-ly-hanh-vi-xam-pham-quyen-so-huu-cong-nghiep-doi-voi-nhan-hieu-o-viet-nam.html (accessed on February 12, 2023).
Dr. Le Vu Nam, Faculty of Law, University of Economics and Law, Vietnam National University, Ho Chi Minh City; Bases for assessing the legal framework regulating securities investment activities in Vietnam; Legislative research; Posted on May 1, 2011; Website: http://www.lapphap.vn/Pages/TinTuc/207553/Tieu-chi-danh-gia-khung-phap-ly-dieu-chinh-hoat-dong-dau-tu-chung-khoan.html (accessed on February 12, 2023).
[6] The draft is posted by the Forestry Department at www.kiemlam.org.vn.
