Decision 1623/QD-TTg 2022 prevention and combat of biodiversity crimes through 2030

DECISION

Approving the Scheme on intensification of the prevention and combat of biodiversity crimes through 2030, with a vision toward 2050^[1]

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Prime Minister’s Decision No. 623/QD-TTg of April 14, 2016, approving the Strategy for crime prevention and combat in the 2016-2025 period, with orientations toward 2030;

Pursuant to the Government’ Resolution No. 06/NQ-CP of January 21, 2021, promulgating the Program of Action on further implementation of the 11^th Party Central Committee’s Resolution No. 24-NQ/TW of June 3, 2013, on proactive response to clime change, enhanced management of natural resources and environmental protection in accordance with the Political Bureau’s Conclusion No. 56-KL/TW of August 23, 2019;

Pursuant to the Prime Minister’s Decision No. 149/QD-TTg of January 28, 2022, approving the National Biodiversity Strategy through 2030, with a vision toward 2050;

At the proposal of the Minister of Public Security in Report No. 503/TTr-BCA of September 9, 2022,

DECIDES:

Article 1. To approve the Scheme on intensification of the prevention and combat of biodiversity crimes through 2030, with a vision toward 2050 (below referred to as the Scheme), with the following contents:

I. OBJECTIVES OF THE SCHEME

1. General objectives

- To organize the effective implementation of the National Biodiversity Strategy through 2030, with a vision toward 2050, in order to create radical changes in awareness and sense of responsibility of agencies, organizations and individuals in their observance of the law on biodiversity, thus contributing to conserving the ecosystem, fauna and flora, and genetic resources, etc.    

- To improve the system of policies and laws on prevention and combat of crimes and crime-related violations in biodiversity protection; to ensure their consistency, effectiveness and compliance with relevant treaties and international agreements to which Vietnam is a contracting party.

- To promptly detect and strictly handle criminal acts and crime-related violations in biodiversity protection, thus contributing to maintaining national security, social order and safety and sustainable socio-economic development.

- To build a contingent of qualified, capable and responsible staffs who can meet their task requirements in the new situation; to modernize physical and technical foundations to meet requirements of the prevention and combat of crimes and crime-related violations in biodiversity protection.

- To continue expanding cooperation with law enforcement authorities of foreign countries and territories and international organizations in order to mobilize every resource to serve the prevention and combat of crimes and crime-related violations in biodiversity protection.

2. Specific objectives by 2030

- To renew forms of public communication so as to raise the awareness and sense of responsibility of agencies, organizations and individuals about/for protection and conservation of wild fauna and flora species, particularly those of groups IA, IIA, IB and IIB and specified in Appendix I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); to attach importance to carrying out public communication for those who are inhabitants in conservation zones, wetlands and areas along migratory routes and stopover sites of wild bird species; to incorporate biodiversity protection contents into regular public communication programs in the mass media and into school curricula.

- To study and improve legal documents concerning biodiversity, which clearly define the functions, tasks and powers of law enforcement agencies, ensuring uniformity in the prevention and combat of crimes and crime-related violations in biodiversity protection.

- To strictly control activities of breeding wild animals; to control and prevent epidemics, ensuring that the import of wild animals and plants does not adversely impact biodiversity and human health; to strictly handle acts of illegally exploiting, catching, transporting and trade in species of precious and rare wild animals and plants; to ensure that all denunciations against and reports on biodiversity crimes and proposals on initiation of criminal cases against these crimes will be accepted, and more than 90% of them will be settled; and all cases showing signs of biodiversity crime will be initiated as criminal ones for investigation in accordance with law; to increase the rate of handled acts causing adverse impacts on biodiversity, thereby ensuring deterrent, educational and preventive effects.

- To strive for the target that all full-time staffs directly engaged in the prevention and combat of crimes and crime-related violations in biodiversity protection are provided with training or further training in specialized professional knowledge and skills; to build and consolidate a quantitatively and qualitatively sufficient contingent of assessors and officers engaged in valuation in this field to meet requirements of the prevention and combat of crimes and crime-related violations in biodiversity protection.

- To increase investment in physical foundations, equipment, means and technical devices necessary for the prevention and combat of crimes and crime-related violations in biodiversity protection; to concentrate on building a modern system for information verification, analysis and processing to serve the prevention, detection and investigation of crimes and crime-related violations in biodiversity protection.

- To maintain and expand international cooperation, take the initiative in actively implementing Vietnam’s international commitments in biodiversity protection; to prioritize cooperation with bordering countries on the prevention and combat of crimes and crime-related violations in biodiversity protection, particularly transnational organized crimes; to set up focal points for information exchange and coordination in countries where exist illegal transportation and trade of wild animals and plants to Vietnam and other countries.

II. SCOPE AND TARGET SUBJECTS OF THE SCHEME

1. Scope of the Scheme

The Scheme shall be implemented nationwide for ecosystems (terrestrial, wetland, mangrove forest, coral reef and seagrass ecosystems) and endangered, precious and rare wild species prioritized for protection; threatened species and endemic species; invasive alien species; and genetic resources.

2. Target subjects of the Scheme

Agencies, organizations, households and individuals that carry out activities related to the management, conservation and use of ecosystems (terrestrial, wetland, mangrove forest, coral reef and seagrass ecosystems) and endangered, precious and rare wild species prioritized for protection; threatened species and endemic species; invasive alien species; and genetic resources.

III. KEY TASKS AND SOLUTIONS

1. Raising the awareness and sense of responsibility of agencies, organizations and individuals about/for the observance of the law on biodiversity

- To thoroughly disseminate legal documents on biodiversity among agencies, organizations and individuals in order to raise their awareness and sense of responsibility about/for the observance of the law on biodiversity; to study and learn international experience in biodiversity conservation and management; to uphold the social responsibility of enterprises for management, conservation and sustainable use of biodiversity.

- To renovate the public communication about prevention and combat of crimes and crime-related violations in biodiversity protection, and take appropriate forms of fighting and strongly condemning acts causing adverse impacts on the environment and nature; to eliminate habits and trends of using products of wild species as jewelry articles, food or medicaments; to publicize information on results of the handling of crimes and crime-related violations in biodiversity protection in accordance with law; to honor exemplary people and effective models in conservation and sustainable use of biodiversity and typical examples in the prevention and combat of crimes and crime-related violations in biodiversity protection.

- To regularly provide professional training and further training courses for forces having functions related to biodiversity management and conservation; to focus on providing knowledge about, training skills in, and setting requirements on, biodiversity protection, for the population, particularly prestigious persons and tour guides, so that they can disseminate information about biodiversity protection among all social strata.

2. Improving the legal framework on prevention and combat of crimes and crime-related violations in biodiversity protection          

Ministries and sectors shall, within the ambit of their functions and tasks, review the implementation of legal documents on handling of crimes and crime-related violations in biodiversity protection so as to promptly revise and improve them to meet practical requirements; and expeditiously formulate the regulation on interdisciplinary coordination in the handling of biodiversity-related administrative violations.

Implementation time: to be completed in the fourth quarter of 2023.

3. Intensifying the prevention and combat of crimes and crime-related violations in biodiversity protection

- To take the initiative in firmly grasping the situation of biodiversity crimes and violations in geographical areas and fields at risk of crimes and violations; to promptly detect and handle violations, and clarify causes and conditions for commission of crimes and crime-related violations in biodiversity protection in order to apply remedial and preventive measures.

- To regularly review and identify geographical areas with complicated situation of crimes and crime-related violations in biodiversity protection; to mobilize resources of the entire political system and local people for biodiversity conservation and prevention and combat of crimes and crime-related violations in biodiversity protection; to concentrate efforts on swiftly and definitely eliminating “hotspots” of crime-related violations in biodiversity protection; to ensure that denunciations and reports on biodiversity crimes and criminal case initiation proposals are accepted at the rate set in the Scheme.

- To effectively implement professional measures to increase the rate of  detected and handled crimes and crime-related violations in biodiversity protection; to concentrate forces and means on investigating and cracking down on inter-provincial and transnational criminal cases and crime rings; to organize drives of inspection and examination and intensive operations to attack and suppress biodiversity-related crimes; to intensify coordination in controlling, stopping and handling crime-related violations in biodiversity protection in inter-provincial and inter-level areas.

Implementation time: to 2030.

4. Raising the capacity of staffs; increasing investment in physical foundations, equipment, means and technical devices to serve the prevention and combat of crimes and crime-related violations in biodiversity protection

- To attach importance to professional training and further training for, and raising the sense of responsibility of, staffs engaged in the prevention and combat of crimes and crime-related violations in biodiversity protection; to provide training in knowledge and skills of using equipment, means and technical devices, process and method of taking samples for expert assessment, and method of preservation and storage of exhibits.

- To prioritize the assignment of human resources for and make step-by-step investment in modern equipment, means and technical devices for the prevention and combat of crimes and crime-related violations in biodiversity protection; to build a center for processing of information and databases on crimes and crime-related violations in biodiversity protection; to set up a hotline for receiving information on crime-related violations in biodiversity protection.

- To apply science and technology in the prevention, detection, combat and handling of crimes and crime-related violations in biodiversity protection.

Implementation time: to 2030.

5. Expanding international cooperation in the prevention and combat of crimes and crime-related violations in biodiversity protection

- To expand cooperation with foreign countries and international organizations, particularly bordering countries and ASEAN countries, in the collection of information and effective handling of crime-related violations in biodiversity protection.

- To intensify negotiation for and conclusion of treaties and international agreements on prevention and combat of crimes, including the crimes of trade in wild fauna and flora; to fully and efficiently implement treaties and international agreements to which Vietnam is a contracting party.

- To get the best of resources and support of foreign countries and international organizations for the prevention and combat of crimes and crime-related violations in biodiversity protection in accordance with law, particularly modern scientific and technological achievements of the world, and develop a database on biodiversity crimes.

Implementation time: to 2030.

IV. FUNDS FOR IMPLEMENTATION OF THE SCHEME

1. The performance of the tasks set forth in the Scheme shall be funded by the state budget in accordance with law. The central budget shall allocate funds for the performance of tasks assigned to the Ministry of Public Security and related ministries and sectors; local budgets shall allocate funds for the performance of tasks assigned to localities under current regulations on budget management decentralization in accordance with the Law on the State Budget and relevant guiding documents.

2. To mobilize funds from donations of domestic and foreign organizations in accordance with law to ensure the performance of the tasks set forth in the Scheme.

V. ORGANIZATION OF IMPLEMENTATION

Ministries, sectors and localities shall, within the ambit of their functions and tasks, organize the implementation of the key tasks and solutions set forth in Section III, Article 1 of this Decision and on the List of priority tasks of preventing and combating biodiversity crimes and biodiversity crime-related violations promulgated together with the Scheme, focusing on radically and efficiently performing the following specific tasks:

1. The Ministry of Public Security shall:

- Assume the prime responsibility for, and coordinate with related agencies in, studying and improving relevant regulations in order to remove difficulties and existing problems, and create an appropriate and adequate legal framework for the effective prevention and combat of crimes and crime-related violations in biodiversity protection, focusing on studying and proposing competent agencies to promulgate legal documents detailing and guiding the sanctioning of administrative violations, quantifying and valuating exhibits in criminal proceedings; competence of public security forces for sanctioning administrative violations as provided in the decrees on sanctioning of biodiversity-related administrative violations; competence to issue decisions on solicitation of expert assessment and decisions on asset valuation of agencies tasked to carry out a number of investigation activities in the People’s Public Security forces (the Environmental Crime Prevention and Combat Police force).

- Launch themes on combating and suppressing crimes and crime-related violations in biodiversity protection, such as destroying forest, marine and wetland ecosystems; exploiting, trading in, consuming, transporting, rearing or culturing endangered, precious and rare wild species, and managing genetic resources; implement professional measures to detect, combat and strictly and resolutely handle inter-provincial and transnational criminal cases and rings and organizations that cause adverse impacts on biodiversity, not letting violations recur or slowly or ineffectively handled; closely coordinate with investigation bodies and agencies assigned to carry out a number of investigation activities, procuracies and courts in investigating and handling biodiversity crimes in accordance with law; direct commune-level public security forces in firmly grasping the situation and promptly detecting and handling crime-related violations in biodiversity protection right from the grassroots level, particularly violations in the management, exploitation and use of soil, water, forest, sea and island resources; endangered, precious and rare species prioritized for protection; precious genetic resources and alien species; and promptly commend and reward collectives and individuals that record achievements in the prevention and combat of crimes and crime-related violations in biodiversity protection.

- Closely coordinate with functional forces in exchanging information and collecting data on crimes and crime-related violations in biodiversity protection, paying special attention to cybercrimes; coordinate with related ministries and sectors in promptly detecting, combating and handling persons who use social networks, express mail services and e-payment applications to organize the illegal stockpiling, trading and transportation of wild animals and plants.

- Study the formulation of training and further training curricula and materials for improvement of skills of investigating crimes and crime-related violations in biodiversity protection; coordinate with the Ministry of Natural Resources and Environment and Ministry of Agriculture and Rural Development in organizing training and further training courses for their personnel (forest rangers, specialized forest protection, customs, market surveillance, border guard, public security, fisheries surveillance, etc.) in regulations on management and protection of forest resources; wild fauna and flora; identification of wild species; process of taking and preservation of wild animal and plant samples; formulation of technical regulations, standards and technical instructions on cages for wildlife farming; and process of rescuing and releasing wild animals; cooperate with training units inside and outside the public security sector in organizing training and further training courses on foreign languages and professional techniques to serve the prevention and combat of crimes and crime-related violations in biodiversity protection.

- Assume the prime responsibility for, and coordinate with other ministries and sectors in, developing and managing a database on crimes and crime-related violations in biodiversity protection to be connected with the national biodiversity database managed by the Ministry of Natural Resources and Environment; coordinate with the Vietnam Academy of Science and Technology in researching and applying remote sensing technology to monitor environmental factors (forests, seas, water, soil, etc.) and electronic reconnaissance in geographical areas with complicated biodiversity situation.

- Coordinate with other ministries, sectors, localities, the Central Committee and member organizations of the Vietnam Fatherland Front, and media agencies in efficiently organizing social prevention activities; efficiently implement programs on coordination in crime prevention and combat and the “all the people protect the Fatherland’s security” movement in association with the prevention of crimes and violations of the law on biodiversity protection; carry out public communication and mass mobilization to help the people understand the importance of biodiversity to socio-economic development, observe relevant regulations, and take part in monitoring and promptly denouncing crime-related violations in biodiversity protection.

- Strengthen connections with the regional and global law enforcement networks (INTERPOL, ASEANPOL, ASEAN WEN, etc.) to collect data on crimes and crime-related violations in biodiversity protection, particularly in the bordering countries, and efficiently carry out mutual legal assistance activities for cases involving foreign elements.

2. The Ministry of Agriculture and Rural Development shall:

- Assume the prime responsibility for studying and improving regulations on processing of specimens of wild animal and plant species, particularly promulgate as soon as possible documents guiding the valuation of assets being products from wild animals and plants on the List of endangered, precious and rare species prioritized for protection; precious and rare animals and plants of groups IA and IB of the List of endangered, precious and rare forest plants and animals; and precious and rare animals and plants specified in Appendix I to the CITES; and valuation of animals and animal products specified in Appendix II to the CITES not distributed in Vietnam, for use as a basis for handling violations.

- Intensify inspection and handling of violations in the assigned fields related to biodiversity, particularly acts of rearing and keeping wild animals in captivity and transporting forest products in contravention of law; exhaustedly hunting wild and migratory birds in Vietnam; and using substances and chemicals banned from use in agro-forestry-fisheries production activities that cause adverse impacts on biodiversity.

- Share and connect information on handling of crime-related violations in biodiversity protection, and lists of subjects eligible for grant of CITES permits, etc., to the biodiversity database to serve the search for information by functional forces in prevention and handling of violations.

3. The Ministry of Natural Resources and Environment shall:

- Assume the prime responsibility for studying and proposing to the Government amendments and supplementations to legal documents on the list and regime of management of wild species according to different protection and management levels; promulgate documents guiding the identification of breeding and migration seasons of wild animal species and endangered, precious and rare animal species; and update the list of invasive alien species and regulations on management of invasive alien species for use as a basis for handling violations.

- Guide, inspect and examine the implementation of regulations on conservation of endangered, precious and rare species prioritized for protection, and wild and migratory bird species, and environmental protection in natural heritages.

- Receive and connect information, data and reports on biodiversity crimes and biodiversity protection-related violations that are provided by ministries, sectors and localities to the national biodiversity database.

- Guide and organize the capacity building and formulation of contents of public communication about the importance of biodiversity and biodiversity conservation policies, regulations and solutions.

4. The Ministry of National Defense shall:

- Direct the Army forces to closely coordinate with Public Security forces, forest rangers, local administrations and related agencies in organizing the prevention and combat of crimes and crime-related violations in biodiversity protection in geographical areas under its management; direct the Border Guard and Coast Guard forces in intensifying patrol and control activities so as to proactively detect, stop and handle crimes, particularly crimes of trading in and transporting wild, endangered, precious and rare animals and destroying natural resources and the environment, thus affecting security and order in border and sea areas.

- Direct the Army forces to coordinate with functional forces, local administrations and related agencies in organizing public communication for and mobilizing the people to strictly observe regulations on biodiversity and denounce crimes and crime-related violations in biodiversity protection in border and sea areas and on islands.   

5. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Public Security and related ministries and sectors in, advising and proposing competent authorities to revise and improve legal systems concerning the handling of violations in the protection of wild animals and plants.

6. The Ministry of Information and Communications shall direct press agencies in organizing public communication about the Party’s and the State’s guidelines, policies and laws on the prevention and combat of biodiversity-related crimes and violations; coordinate with the Ministry of Public Security, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, Ministry of Foreign Affairs and related agencies in organizing public communication to raise the awareness and sense of responsibility of organizations and individuals about/for the conservation of biodiversity; closely coordinate with the Ministry of Public Security in preventing and combating crimes and crime-related violations in biodiversity protection.

7. The Ministry of Finance shall:

- Assume the prime responsibility for, and coordinate with the Ministry of Public Security in, incorporating funds for recurrent expenditures for implementation of the Scheme of related ministries and central sectors in annual state budget estimates for submission to competent authorities for approval in accordance with the Law on the State Budget and current guiding documents.

- Direct the General Department of Vietnam Customs in intensifying patrol and control activities and proactively preventing, detecting and promptly combating activities of illegally trading in and transporting across the border wild, endangered, precious and rare species and invasive alien species.

8. The Ministry of Science and Technology shall increase potential and promote scientific research and technology transfer, develop the application of scientific and technological advances to serve the prevention and combat of crimes and crime-related violations in biodiversity protection.

9. The Ministry of Foreign Affairs shall coordinate with other ministries and sectors in performing the external information work, stepping up Vietnam’s participation in international forums related to biodiversity conservation; carry out public communication for overseas Vietnamese about CITES regulations and laws of host countries on management of wild fauna and flora; intensify coordination among agencies, authorities and sectors and between bilateral diplomacy and multilateral diplomacy in the prevention and combat of crimes and crime-related violations in biodiversity protection; actively coordinate with the Ministry of Natural Resources and Environment and Ministry of Agriculture and Rural Development in hosting international forums, conferences and seminars on biodiversity conservation.

10. The Supreme People’s Court shall:

- Review practical trial activities, review and revise Resolution No. 05/2018/NQ-HDTP of November 5, 2018, of the Judicial Council of the Supreme People’s Court, guiding the Penal Code’s Article 234 on the crime of violating regulations on protection of wild animals and Article 244 on the crime of violating regulations on protection of endangered, precious and rare animals.

- Direct people’s courts at all levels to closely coordinate with investigation bodies in intensifying the prevention and combat of biodiversity crimes.

11. Provincial-level People’s Committees shall:

- Direct the implementation of state management measures in their localities, not allowing the formation of flea markets and hubs for wild animal trading, particularly in geographical areas having forests and traffic routes connecting nature reserves and national parks; review and evaluate the situation of crime-related violations in biodiversity protection in their localities in order to direct local public security forces and functional forces to take violation handling measures; resolutely handle crime-related violations in biodiversity protection, particularly acts of trading in, transporting, rearing, keeping in captivity, slaughtering, hunting, catching and trapping wild animals, deforestation and encroaching upon forests and, at the same time, publicize information on violation handling results, thus contributing to raising deterrent, educational and preventive effects; for border areas, depending on the practical situation, study the establishment of border liaison offices (BLOs) for prevention and combat of drug and cross-border crimes; consider appointing their personnel to join BLOs as operation officers for cooperation in biodiversity crime prevention and combat.

- Draw up and announce lists of ad hoc expert witnesses for biodiversity cases and matters (involving wild animals, wild plants, natural resources, minerals, etc.); provide more human resources and physical foundations for forces, including the commune-level public security force, which directly fight crimes and crime-related violations in biodiversity protection, in order to promptly settle complicated problems arising in their localities right from their occurrence; increase budget funds and prioritize investment of funds in equipment and means for forces directly fighting crimes and crime-related violations in biodiversity protection; closely coordinate with adjacent localities in proactively and effectively preventing and stopping as soon as possible inter-provincial crimes and crime-related violations in biodiversity protection; and set up hotlines to receive and process information on crimes and crime-related violations in biodiversity protection.

- Regularly carry out public communication about the Party’s and the State’s guidelines, policies and laws on biodiversity conservation; promptly commend and reward typical collectives and individuals that record outstanding achievements in the prevention and combat of crimes and crime-related violations in biodiversity protection.

Article 2. This Decision takes effect on the date of its signing.     

Article 3. The Ministry of Public Security is assigned to assume the prime responsibility for, and coordinate with related ministries, sectors and agencies in, working out plans on implementation of the Scheme in each period; guide, urge and examine the implementation of the Scheme; periodically review and evaluate the implementation of the tasks and solutions set forth in the Scheme, and report results thereof to the Prime Minister.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and heads of related agencies shall implement this Decision.-

Prime Minister
PHAM MINH CHINH