How are importers of invasive alien species punished?

Reply: According to Article 246 of the 2017 Penal Code, the crime of importing and spreading invasive alien species is regulated as follows:

1. Anyone who commits one of the following acts shall be subject to a fine of from VND 100,000,000 to VND 1,000,000,000, non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years:

a) Illegally importing invasive alien animals or plants or invasive alien animals or plants in cases where the value of the illegal item is from VND 250,000,000 to under VND 500,000,000 or where the value of the illegal item is under VND 250,000,000 but the offender has been administratively sanctioned for this act but still commits the violation;

b) Dispersing invasive alien animals or plants or alien animals or plants that are at risk of being invasive, causing property damage from VND 150,000,000 to less than VND 500,000,000.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 to 07 years:

a) Organized;

b) Illegally importing invasive alien animals or plants or invasive alien animals or plants in cases where the value of the illegal item is VND 500,000,000 or more;

c) Dispersing invasive alien animals or plants or alien animals or plants that are at risk of being invasive, causing property damage of VND 500,000,000 or more;

d) Dangerous recidivism.

3. The offender may also be fined from VND 50,000,000 to VND 500,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.

4. A commercial legal entity committing a crime specified in this Article shall be punished as follows:

a) Committing a crime under the provisions of Clause 1 of this Article shall be subject to a fine of from VND 1,000,000,000 to VND 3,000,000,000;

b) Committing a crime under the provisions of Clause 2 of this Article shall be subject to a fine of from VND 3,000,000,000 to VND 5,000,000,000 or suspension of operations for a period of from 06 months to 03 years;

c) Commercial legal entities may also be fined from VND 100,000,000 to VND 1,000,000,000, banned from doing business, banned from operating in certain fields or banned from raising capital from 01 to 03 years.

Thus, those who import invasive alien species (both animals and plants) can be prosecuted under two criminal penalties. Penalty penalty 1: fine from 100,000,000 VND to 1,000,000,000 VND, non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years. Penalty penalty 2: imprisonment from 03 years to 07 years.

Additional penalties: The offender may also be fined from VND 50,000,000 to VND 500,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.