Wildlife and Forest Crime Analytic Toolkit REPORT OF UNODC MISSION TO VIET NAM 1 MAP OF VIET NAM 2 ACKOWLEDGMENTS The United Nations Office on Drugs and Crime Sustainable Livelihood Unit, and particularly its consultants, would like to thank all the individuals and officals met with for their professionalism, support and contibution to the Toolkit analysis. Specific thanks to Dr. Scott Roberton and the team at Wildlife Conservation Society (WCS) Viet Nam, for their expertise, cooperation and contribution. Also, sincere thanks to Dr. Vuong Tien Manh, Deputy Director of CITES MA Viet Nam and his team. Without these strong partnerships, the mission team would not have been allowed the access or given the detailed information they received. 3 TABLE OF CONTENTS MAP OF VIET NAM PAGE 2 ACKNOWLEDGMENTS PAGE 3 CONTENTS PAGE 4 LIST OF ABBREVIATIONS PAGE 6 EXECUTIVE SUMMARY PAGE 9 1. PURPOSE PAGE 11 2. METHODOLOGY PAGE 13 3. INTRODUCTION PAGE 15 4. COUNTRY CONTEXT PAGE 17 5. LEGISLATION PAGE 22 6. ENFORCEMENT PAGE 42 7. JUDICIARY PAGE 77 8. PROCURACY (PROSECUTION) PAGE 81 9. ANTI-CORRUPTION PAGE 84 10. DRIVERS AND DEMAND REDUCTION PAGE 87 11. DATA ANALYSIS PAGE 93 12. CONCLUSIONS PAGE 94 13. LIST OF RECOMMENDATIONS PAGE 95 ANNEX A: LIST OF MEETINGS AND PARTICIPANTS PAGE 98 ANNEX B: LIST OF COURT CASES PAGE 101 4 ANNEX C: CASE STUDY PENAL CODE PAGE 103 ANNEX D: ORGANISATION STRUCTURE OF COURT SYSTEM IN VIET NAM PAGE 105 ANNEX E: SYNOPSIS OF THE ENFORCEMENT INDIVIDUAL MISSION VISITS PAGE 106 ANNEX F: OPEN SOURCE REPORTS OF SEIZURES PAGE 114 ANNEX G: CITES ANNUAL REPORT – 2012/2013 PAGE 119 ANNEX H: CITES MA VIET NAM ACTIVITY REPORT, 2015 PAGE 123 ANNEX I: INTERNET TRADE IN WILDLIFE AND FOREST PRODUCTS IN VIET NAM PAGE 130 ANNEX J: IGO AND NGO LE CAPACITY BUILDING FOR WLFC 2010-2015 PAGE 137 5 LIST OF ABBREVIATIONS AFP Australian Federal Police AIRCOP Air Communications Program APG Asia/Pacific Group on Money Laundering ASEAN Association of South East Asian Nations ASEAN-WEN Association of South East Asian Nations Wildlife Enforcement Network CBD Convention on Biological Diversity CCCE Central Committee for Communication and Education CCP Container Control Program CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora CMA CITES Management Authority CMS Convention on the Conservation of Migratory Species of Wild Animals CrPC Criminal Procedure Code CPI Corruption Perception Index DPC District People’s Court DARD Department of Agriculture and Rural Development EIA Environmental Investigation Agency ENV Education for Nature – Viet Nam EP Department for the Prevention of Environmental Crime (Environmental Police) EU European Union FAO Food and Agriculture Organisation FATF Financial Action Task Force FLEGT Forest Law Enforcement, Governance and Trade FIU Financial Intelligence Unit FPD Forest Protection Department FPF Forest Protection Force GMS Greater Mekong Sub-Region HCMC Ho Chi Minh City HSI Humane Society International ICCWC International Consortium on Combating Wildlife Crime 6 IGO Intergovernmental Organisation IMF International Monetary Fund INTERPOL International Criminal Police Organization IUCN International Union for Conservation of Nature LE Law Enforcement LEA Law Enforcement Agency MARD Ministry of Agriculture and Rural Development MoD Ministry of Defence MoF Ministry of Finance MONRE Ministry of Natural Resources and Environment MoU Memorandum of Understanding MPS Ministry of Public Security NGO Non-Governmental Organisation PPC Provincial People’s Court RAMSAR Convention on Wetlands of International Importance, especially as Waterfowl Habitat SOMTC Senior Officials Meeting on Transnational Crime SPC Supreme People’s Court TCCCC Transnational Crime Coordination Centre TRACE TRACE Wildlife Forensic Network TRAFFIC Wildlife Trade Monitoring Network TT Towards Transparency UNCAC United Nations Convention Against Corruption UNODC United Nations Office on Drugs and Crime UNTOC United Nations Convention against Transnational Organised Crime USAID United States Agency for International Development VCIS Viet Nam Customs Information System VIET NAM WEN Viet Nam Wildlife Enforcement Network VNACCS Viet Nam Automated Cargo Clearance and Port Consolidation Scheme VMP Vietnamese Marine Police VNFOREST Viet Nam Forest Administration VPA Voluntary Partnership Agreement 7 WCO World Customs Organization WCO CEN World Customs Organization Customs Enforcement Network WCS Wildlife Conservation Society WDC Working Dogs for Conservation WLFC Wildlife and Forest Crime WWF World Wide Fund for Nature 8 EXECUTIVE SUMMARY Wildlife and forest crime (WLFC) is a growing threat globally. Criminal networks benefit from illegal fishing, logging and poaching, and illicit trafficking in endangered species. WLFC often funds other crime types and is linked to corruption and money laundering. Organised crime groups exploit natural resources leading to a devastating impact on biodiversity, security, the livelihood of communities and economies. Viet Nam is a biodiverse country, home to some of the most iconic and endangered species of fauna and flora. Viet Nam has recognised WLFC as a serious and growing threat. There is commitment from the highest level of government to respond with coordinated and concerted effort. The International Consortium on Combating Wildlife Crime (ICCWC) developed the Wildlife and Forest Crime Analytic Toolkit (the Toolkit) to provide a framework to enable and support countries to undertake national analysis to better understand the current situation and main challenges in relation to wildlife and forest crime. The government of Viet Nam therefore requested ICCWC support for such an analysis to further their work in this area. The Government-led process was carried out with the participation of relevant stakeholder agencies in the country. In support of the Toolkit process in Viet Nam, representatives from UNODC, WCS and CITES undertook a fact finding mission from 26 January to 10 February, 2015 to various parts of the country; ranging from border crossings, national parks, sea and airports and markets, to the two major cities and many provinces. Consultations were held with representatives and officials from central, provincial and local government, donor countries and civil society groups, including NGO representatives, judges, prosecutors, customs officials, police, border guard officers, and forest and park rangers. An additional fact finding mission was made to the Lao Bao border gate in Quang Tri province in August 2015. As this report highlights, there needs to be timely and reliable information and actionable intelligence sharing, coupled with the necessary technical skills and advanced capabilities to identify, target and arrest criminals. There is room for improvement across all sections of the legal framework, and there are some serious deficiencies that are having a paralysing effect on successful prosecutions, particularly in relation to wildlife. Viet Nam must also look beyond seizures and administrative sanctions as a measure of success in combating WLFC. Seizures made in the absence of arrests, particularly of the organisers and financers of WLFC, have no impact on the trade, and there is a strong argument that seizures on their own merely perpetuate more WLFC. The findings and recommendations of the analysis described in this report reflect both strengths and weaknesses of Viet Nam’s capacity and capabilities to tackle WLFC, and have been used to design a detailed programme for national capacity building and technical assistance delivery in Viet Nam. 9 PRINCIPAL FINDINGS Deficiencies in the criminal law, particularly the Penal Code, which in most cases leads to administrative sanctions only, irrespective of the serious nature of depletion of the wildlife and forest assets of the country. Manifestly inadequate sentence provisions for serious or transnational organised WLFC offences. Lack of sufficient knowledge and awareness of the WLFC issues and challenges among the Judiciary when dealing with WLFC cases. Inability and ineffectiveness of enforcement agencies to bring offenders to court due to weak or insufficient evidence discovered and presented, with critical flaws in the Penal Code requiring determination of the value of illegal WLFC products, leading to few cases presented to the Procuracy for trial. No evidence of international information or intelligence sharing channels operating effectively, even to guide border officials on the latest smuggling routes, trafficking methods or notification of suspect persons or cargo (there were only one or two examples given of any fast-time intelligence). Species identification of fauna, flora, and particularly rare timber, is hampered by a lack of law enforcement capacity and exacerbated by instances of clever disguise and trickery, combined with fraudulent permits and mislabelling. Demand for wildlife for consumption as food and use in medicines for perceived health benefits is a key driver leading to an increase in wildlife trade, and complicates law enforcement. Inadequate monitoring, inspection, audit systems and mechanisms, which are crucial tools for enforcement effectiveness. A lack of investigative capacity to address transnational organised crime. A focus on seizures and administrative sanctions with very few cases of proactive law enforcement observed. A lack of advanced crime scene and forensic support services. An inability to address systemic organisational corruption at key posts and locations is a key factor in the