On the afternoon of 13/8, Nguyen Van Vien, Director of the Hung Yen Province People's Procuracy, confirmed the appeal of the entire first-instance criminal verdict issued by the Hung Yen Regional Court regarding Thai Khac Thanh, 45, from Do Luong commune, Nghe An province. Thanh was sentenced to six years in prison for "Violation of regulations on the protection of endangered, precious, and rare animals," according to Clause 2, Article 244 of the Criminal Code.

The Hung Yen Province People's Procuracy has requested the Hung Yen Province People's Court to overturn the initial verdict and reopen the investigation for the appellate trial. Thanh's preventative measure has been changed from detention to a travel ban pending the appeal.

The prosecution argues that the first-instance court failed to apply Circular 27/2025 from the Ministry of Agriculture and Rural Development regarding the management of endangered, precious, and rare species; the raising of common wild animals; and the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which came into effect on 1/7.

According to the list of endangered, precious, and rare species appended to Circular 27, the silver pheasant is classified under Group IIB, not Group IB as it was under Decree 84/2021 at the time the case was initiated and prosecuted.

In the appeal, the prosecution argues that the first-instance court's determination that the 13 silver pheasants seized from Thai Khac Thanh belonged to Group IB, and the subsequent sentencing under Clause 2, Article 244 of the Criminal Code, "is inconsistent with the change in legal policy." Therefore, a reinvestigation is necessary to determine the value of the pheasants to serve as the basis for resolving the case.

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

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

Lawyer Le Hong Hien (Le Hong Hien and Associates Law Firm, Hanoi Bar Association), who has been requested by the family to defend Thanh in the appeal, considers this a positive move by the prosecution. The family and lawyer will go to the prison to bring Thanh home.

According to the case file, in 2022, Thanh learned from social media that the silver pheasant is an endangered, precious, and rare animal that should be protected and is not allowed to be raised, kept, or traded. He also discovered their high value and decided to breed them for sale.

In 2024, Thanh purchased a male silver pheasant online from an unknown person in Can Tho for 4.5 million VND. He then traded a magpie-robin he was raising for two female silver pheasants from someone in Dien Chau district, also through social media.

Authorities allege that Thanh did not register his pheasants with the relevant agencies. During the breeding process, the female pheasants laid 13 eggs, three of which were spoiled. The remaining eggs hatched into 10 chicks.

On 26/3, Thanh received a message from an unknown account inquiring about purchasing the 10 chicks. They agreed on a price of 500,000 VND per chick. Because the chicks were still young, the buyer asked Thanh to raise them for a few more days for a fee of one million VND, scheduling the delivery for 2/4.

Defendant Thanh (standing in the truck) after the court hearing on 8/8 at the Hung Yen Regional Court.

Around 7 a.m. on 1/4, Thanh called Thai Dinh Son, also from Do Luong district, to transport the pheasants for a fee of 2.6 million VND. Son then hired Hoang Van Truyen to do the transport for 2.5 million VND.

Around 7 a.m. on 2/4, Thai Binh Province Police stopped the vehicle on DH07 road in Vu Thu district and seized 10 pheasants in two perforated cardboard boxes.

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

Since learning of Thanh's six-year sentence, several lawyers have offered to defend him pro bono in the appeal.

The silver pheasant (Lophura nycthemera) is a large bird in the pheasant family, found in the forests of Southeast Asia and China. It has 15 subspecies. Adult males (after about two years) have white plumage, a black crest, and a blue-black or white belly; females have brown-olive plumage throughout their lives. Size: males 80-127 cm long, females 56-71 cm, weighing 1-2 kg. Breeding season is from February to June, with 4-10 eggs per clutch.

According to the investigation file, the Vietnam Museum of Nature, Vietnam Academy of Science and Technology, concluded on 2/4 that the 13 birds belonging to Thai Khac Thanh were silver pheasants (Lophura nycthemera), belonging to the class Aves, order Galliformes, and family Phasianidae. The silver pheasant is listed in Appendix I, Group IB, of Government Decree 84/2021 on the management of endangered, precious, and rare forest plants and animals, and the implementation of CITES.

Circular 27/2025 of the Ministry of Agriculture and Rural Development, effective from 1/7, classifies the silver pheasant as a Group II endangered, precious, and rare species. The circular requires in-situ or ex-situ conservation, breeding for conservation, research, and ecotourism at licensed facilities. All exploitation, breeding, and trading activities must have a legal origin and not harm wild populations. Commercial breeding is only permitted for F2 individuals certified by CITES Vietnam.

Duc Hung