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From the white pheasant case: How can the law remain grounded in everyday life?

This is a statement by Mr. Nguyen Tien Lap, Senior Executive Partner of NHQuang&Associates, in an interview with a reporter regarding the case of the white pheasants, published in Mot The Gioi Newspaper on August 16, 2025 (Vietnamese only):

In this case, I find it insufficient that public opinion has focused solely on whether the court’s ruling was right or wrong. In the enforcement of the law, criminal prosecution must always be a last resort. The simple reason is that we have an extensive state apparatus in place — including agencies responsible for agriculture, the environment, and biodiversity conservation. So where were these authorities while Mr. Thanh was buying, raising, and breeding a flock of white pheasants over an extended period of time?

Therefore, in the new context of institutional reform for development, state management — with its role of guiding, supporting, and serving the people — must take the lead. Only when clear, intentional violations by citizens are discovered should administrative sanctions be applied. Criminal prosecution and investigation should be pursued only on two key principles: first, the act must pose a demonstrable danger to society; and second, there must be no alternative legal remedies available to enforce the law.

I believe this reflects the new spirit — the very essence — of a constructive and service-oriented Vietnamese state that General Secretary To Lam and the Party leadership are striving to build.

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