On the afternoon of 12/8, lawyer Le Hong Hien (Le Hong Hien and Associates Law Firm, Hanoi Bar Association) stated he received a request from Nguyen Thi Oanh, 33 (Thanh's wife), asking for legal representation at the upcoming appeal hearing at the Hung Yen Provincial People's Court.

In the first instance trial on 8/8, Thanh, 45, was sentenced to 6 years in prison by the Hung Yen Provincial People's Court, Region 5, for "Violation of regulations on the protection of endangered, precious, and rare animals," under Clause 2, Article 244 of the Penal Code.

After reading about the case on social media, Hien commented on the post, offering a preliminary analysis and expressing his willingness to provide pro bono representation. Thanh's family subsequently contacted him for assistance. The application for representation at the appeal hearing is now complete.

"The family will visit Thanh in prison soon to guide him through the appeals process," Hien said.

Many other lawyers have also expressed their desire to offer pro bono services to Thanh on social media platforms. Lawyer Luong Van Thanh, Hanoi Bar Association, confirmed that he and several colleagues are ready to assist if the family requests it.

Luong Van Thanh said that, after reviewing the case, he believes the 6-year sentence is within the prescribed legal framework. However, given Thanh's family circumstances – a wife and three young children, and financial difficulties – he believes the court should consider leniency. "Legal principles must be balanced with compassion," he stated.

"The trial is in Hung Yen, close to Hanoi, so my colleagues and I can easily participate. We sincerely want to help," he added.

According to the case file, in 2022, Thanh learned online that white pheasants are endangered and protected, illegal to trade, and highly valuable. He then decided to breed them for sale.

In 2024, Thanh purchased a male white pheasant online from a stranger in Can Tho for 4.5 million VND. Later, he traded one of his fire-tailed sunbirds for two female white pheasants from someone in Dien Chau district, and bred them with the male.

Authorities allege Thanh failed to register the pheasants with the relevant authorities. The female pheasants laid 13 eggs; 3 were spoiled, and the remaining 10 hatched.

In 3/2025, wanting to sell the chicks, Thanh posted on Facebook: "For those who asked about ornamental birds, I now have two broods. Message me if you're interested. It's been so long I don't remember who inquired." He also posted in online groups specializing in rare birds: "Anyone interested in conservation…", along with pictures of the adult and chick pheasants.

On 26/3, a stranger contacted Thanh via an anonymous account, offering to buy all 10 chicks for 500,000 VND each, totaling 5 million VND. As the chicks were still young, the buyer asked Thanh to raise them for a few more days, offering an additional one million VND. They agreed to meet on 2/4.

Thanh received a 2 million VND deposit from an account named Bui Tuan Anh, residing in Minh Lang commune, Vu Thu district, Thai Binh province, into his wife's bank account. The remaining 4 million VND, plus 2.6 million VND for transportation, would be paid upon delivery.

Thai Khac Thanh next to the cage containing the white pheasants at the time of his arrest. *Photo: C.An*

Around 7 a.m. on 1/4, Thanh contacted Thai Dinh Son from Do Luong district to transport the birds for 2.6 million VND. Due to the long distance and poor eyesight, after receiving a one million VND advance from a stranger, Son hired Hoang Van Truyen, also from Do Luong district, to drive Thanh's pheasants to Thai Binh province for 2.5 million VND.

At 7 p.m. that day, Thanh and his wife placed the 10 chicks into two pre-perforated cardboard boxes, sealing them with tape. Around 7 a.m. on 2/4, upon reaching DH07 road, Quy Son village, Song An commune, Vu Thu district, Thai Binh province, the vehicle was inspected by Thai Binh police, and the 10 pheasants were confiscated.

Thai Binh Provincial Police then searched Thanh's house in Thinh Tam hamlet, Thinh Son commune, Do Luong district, and confiscated three more pheasants.

On 2/4, the Vietnam Museum of Nature, Vietnam Academy of Science and Technology, identified the 13 birds as white pheasants (Lophura nycthemera), belonging to the Aves class, Galliformes order, and Phasianidae family. White pheasants are listed in Appendix I, Group IB, of Decree 84/2021 on the management of endangered, precious, and rare forest flora and fauna, and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Investigators found the phone number used by the buyer was unregistered since 9/2024. Bui Tuan Anh, who transferred the 2 million VND to Thanh's wife, owns a phone shop in Minh Lang commune, Vu Thu district, Thai Binh province. Tuan Anh told police that on 27/3 and 1/4, a masked man asked him to transfer money to two accounts, paying him in cash. The Facebook account "Quoc Huy" couldn't be verified.

Oanh (Thanh's wife), Son, and Truyen were not charged, as investigators determined they were unaware the birds were protected.

The case file states that Thanh violated regulations on protecting endangered species, under Clause 2, Article 244 of the Penal Code, which carries a sentence of 5 to 10 years. Thanh, 45, had no aggravating circumstances, confessed, and returned the 2 million VND profit.

Mitigating factors include his parents being awarded medals by the President.

Lawyer Dang Van Cuong, Hanoi Bar Association, who represented Thanh in the initial trial, confirmed the 5-10 year sentencing framework. The 6-year sentence is within this range.

"However, we argued for a lesser charge under Clause 1, requesting a suspended sentence, as the crime caused no damage and the defendant had a good record. The court disagreed," Cuong said.

Nguyen Thi Oanh cries as she shares her family's plight. *Photo: Duc Hung*

Oanh expressed gratitude for the lawyers offering to represent her husband in the appeal.

The couple has three children, the eldest in 2nd grade and the youngest just over 18 months old. They struggle financially. Thanh sang at weddings and occasionally raised and sold ornamental birds and plants. Since his arrest, Oanh quit her factory job to care for their children and her 80-year-old mother.

"I hope the authorities will consider our family's difficult situation with compassion and understanding," Oanh pleaded.

The white pheasant (Lophura nycthemera) is a large pheasant native to the forests of Southeast Asia and China, with 15 subspecies. Adult males (after about two years) have white plumage, a black crest, and a blue-black or white belly; females have olive-brown plumage throughout their lives. Males measure 80-127 cm long, females 56-71 cm, and they weigh 1-2 kg. The breeding season is from February to June, with clutches of 4-10 eggs.

Circular 27/2025 classifies white pheasants as endangered, precious, and rare (Group I). It mandates in-situ or ex-situ conservation, breeding for conservation, research, and ecotourism at licensed facilities. Exploitation, breeding, and trade must be legal and not harm wild populations. Commercial breeding is permitted only for F2 individuals certified by CITES Vietnam.

Duc Hung