Decree No. 105/2015/ND-CP dated October 20, 2015 of the Government guiding a number of Articles of the Ordinance on environmental police forces

DECREE

Detailing a number of articles of the Ordinance on Environmental Police[1]

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 23, 2014 Ordinance on Environmental Police;

At the proposal of the Minister of Public Security,

The Government promulgates the Decree detailing a number of articles of the Ordinance on Environmental Police.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of the Ordinance on Environmental Police regarding duties, powers and operation assurance of, and regimes and polices for, the Environmental Police; and coordination in prevention and combat of crimes and administrative violations related to environment, natural resources and food safety.

Article 2. Subjects of application

This Decree applies to the Environmental Police as well as agencies and units responsible for prevention and combat of crimes and administrative violations related to environment, natural resources and food safety; Vietnamese agencies, organizations, enterprises and citizens, and foreign agencies, organizations, enterprises and individuals residing and operating in the territory of the Socialist Republic of Vietnam.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Environment-related violations of the law on natural resources mean administrative violations which are detected in the process of survey, exploration, extraction, processing and utilization of mineral resources, land resources, water resources, forest resources, and marine and island resources.

2. Environment-related violations of the law on food safety mean administrative violations which are detected in the process of production, trading and transportation of food and foodstuff; preventive and curative medicines and functional foods; genetically modified foods; livestock feeds, fertilizers, veterinary drugs, pesticides, growth stimulants, plant varieties and animal breeds; and products for environmental improvement.

Chapter II

DUTIES AND POWERS OF THE ENVIRONMENTAL POLICE

Article 4. Counseling and direction for prevention and combat of crimes and administrative violations related to environment, natural resources and food safety

The Environmental Police shall perform the following duties:

1. To collect information on, analyze, assess and forecast the situation of crimes and administrative violations related to environment, natural resources and food safety in order to provide counseling and recommendations to competent authorities in promulgating, and directing and directly organizing the implementation of, guidelines, policies, laws, strategies, programs, plans and measures for prevention and combat of crimes and administrative violations related to environment, natural resources and food safety.

2. To research into, apply and mobilize scientific and technological achievements for prevention and combat of crimes and administrative violations related to environment, natural resources and food safety.

3. To develop and manage a database serving prevention and combat of crimes and administrative violations related to environment, natural resources and food safety.

4. To participate in response to environmental incidents, protection of natural resources, and prevention and control of environmental pollution in accordance with law.

Article 5. Application of working measures and professional measures to prevent and combat crimes and administrative violations related to environment, natural resources and food safety

The Environmental Police may apply the following working measures and professional measures:

1. To apply mass mobilization, legal, diplomatic, economics, technical-scientific, professional and armed measures under the Law on People’s Public Security Forces, and other professional measures under relevant legal documents.

2. To assign infiltrators to inquire into activities of crimes and administrative violations related to environment, natural resources and food safety.

3. To assign forces to supervise activities of persons who show criminal signs or who have not showed criminal signs yet but there are solid grounds to believe that they are directly involved in crimes or violations related to environment, natural resources and food safety.

Article 6. Requesting agencies, organizations, enterprises and individuals to provide information, documents and objects concerning crimes and administrative violations related to environment, natural resources and food safety

1. The Environmental Police may request any agency, organization, enterprise or individual to:

a/ Provide information, documents and objects concerning crimes or administrative violations related to environment, natural resources or food safety for verification and clarification of crimes or administrative violations related to environment, natural resources or food safety when receiving denunciations or reports on such crimes or violations, which are related to the agency, organization, enterprise or individual, or when the violations are committed in the areas under the management of such agency, organization, enterprise or individual;

b/ Explain acts which show signs of crimes or administrative violations related to environment, natural resources and food safety.

2. Information, documents and objects provided by agencies, organizations, enterprises and individuals shall be managed, used and handled for proper purposes and requirements of examination. In case information, documents or objects are lost or broken, or damage is caused to agencies, organizations, enterprises or individuals, compensation shall be paid and violators shall be handled in accordance with law.

3. Competence to request provision of information, documents and objects; explanation for acts showing signs of crimes or administrative violations:

a/ The Director of the Environmental Police Department;

b/ Directors of provincial-level Public Security Departments;

c/ Heads of Environmental Police Divisions of provincial-level Public Security Departments;

d/ Heads of district-level Public Security Divisions.

Article 7. Examination of observance of the laws on environment, natural resources and food safety

1. Pursuant to Clause 5, Article 7 of the Ordinance on Environmental Police, the Environmental Police forces may examine the observance of the laws on environment, natural resources and food safety by agencies, organizations, enterprises and individuals when having any of the following grounds:

a/ Directly detecting signs of crimes or administrative violations related to environment, natural resources and food safety;

b/ Receiving denunciations or reports on crimes or administrative violations related to environment, natural resources and food safety;

c/ Meeting the requirements of settlement of complaints and denunciations in prevention and combat of crimes and administrative violations related to environment, natural resources and food safety.

2. Competence to issue examination decisions

a/ The Director of the Environmental Police Department;

b/ Directors of provincial-level Public Security Departments;

c/ Heads of Environmental Police Divisions of  provincial-level Public Security Departments;

d/ Heads of district-level Public Security Divisions.

3. The Minister of Public Security shall specify the examination order, procedures and competence.

Article 8. Search of vehicles, objects and places concerning crimes and administrative violations related to environment, natural resources and food safety

1. The Environmental Police may search vehicles, objects and places concerning crimes and administrative violations related to environment, natural resources and food safety when having any of the grounds specified in Clause 5, Article 7 of the Ordinance on Environmental Police.

2. Competence to issue search decisions

a/ The Director of the Environmental Police Department;

b/ Directors of provincial-level Public Security Departments;

c/ Heads of Environmental Police Divisions of  provincial-level Public Security Departments;

d/ Heads of district-level Public Security Divisions.

3. The Minister of Public Security shall specify the search order, procedures and competence.

Article 9. Handling of administrative violations related to environment, natural resources and food safety

1. While on duty, if the Environmental Police detect violations or receive cases of administrative violations related to environment, natural resources and food safety transferred by other forces, they shall administratively handle such violations in accordance with the law on handling of administrative violations.

2. Competence to handle administrative violations:

a/ The Director of the Environmental Police Department;

b/ Directors of provincial-level Public Security Departments;

c/ Heads of Environmental Police Divisions of  provincial-level Public Security Departments;

d/ Heads of district-level Public Security Divisions;

dd/ Heads of Environmental Police teams;

e/ Men of the Environmental Police force.

Article 10. Authorization

1. The competent persons defined in Clause 3, Article 6; Clause 2, Article 7; Clause 2, Article 8; and Points a, b, c and d, Clause 2, Article 9, of this Decree may authorize their deputies to exercise their competence.

2. The authorization must be made in writing, stating the scope, content and duration of authorization, and may be made on a regular or case-by-case basis. The authorized deputy heads shall take responsibility before law and their heads for their decisions. The authorized person may not give authorization to another one.

Article 11. Inspection and assessment on environment, natural resources and food safety

1. The Environmental Police shall directly conduct inspection or coordinate with competent agencies and organizations in conducting inspection and assessment to serve verification, detection and handling of crimes and administrative violations related to environment, natural resources and food safety, specifically:

a/ To seize, preserve and use material evidence and specimens related to environment, natural resources and safety, and other relevant specimens.

For material evidence and specimens subject to sealing, they shall be sealed right upon seizure. The seal must bear the signatures of the officer who has seized the material evidence or specimens and the representative of the organization or individual that possesses these material evidence or specimens. In case this representative is absent, a record shall be made for such absence. Sealed material evidence and specimens in these two cases have the same legal validity. When receiving material evidence or specimens, the inspection agency or assessment agency shall make a record stating the condition of the seal. The seal shall be broken in the presence of the representatives of the inspection agency and the agency that has seized material evidence or specimens;

b/ To conduct measurement, analysis, inspection, assessment and environmental monitoring;

c/ To evaluate the results of measurement, analysis, inspection, assessment and environmental monitoring and draw a conclusion. The inspection and assessment results shall serve as grounds for handling crimes and administrative violations related to environment, natural resources and food safety.

2. Lists and use processes of technical facilities and equipment for inspection and assessment on environment, natural resources and food safety must comply with regulations of the Government, the Ministry of Public Security and related ministries and sectors.

Chapter III

COORDINATION IN PREVENTION AND COMBAT OF CRIMES AND ADMINISTRATIVE VIOLATIONS RELATED TO ENVIRONMENT, NATURAL RESOURCES AND FOOD SAFETY

Article 12. Coordination principles

1. The coordination shall be based on functions, tasks and powers of agencies and forces prescribed by law, must not obstruct lawful activities of coordinating parties, and ensure uniform state management in each field.

2. Ministries and sectors shall coordinate with one another in quickly settling matters and cases and assist each other in performing their functions, tasks and powers prescribed by law.

3. When detecting crimes or administrative violations related to environment, natural resources or food safety in the course of operation, the Environmental Police shall handle them according to competence.

4. While on duty, if other forces detect crimes or administrative violations related to environment, natural resources or food safety which fall beyond their competence, they shall notify and transfer the cases of such crimes or violations to the Environmental Police. The Environmental Police shall notify in writing the result of investigation and handling of crimes or administrative violations to the forces that have transferred such cases.

5. For an administrative violation related to environment, natural resources or food safety which falls within the handling competence of multiple functional forces of ministries, sectors and localities, the unit that first detects the violation shall process the files and assume the prime responsibility for handling the violation.

Article 13. Contents of coordination

1. To study, formulate and promulgate legal documents and other documents related to coordination work.

2. To exchange information and documents on prevention and combat of crimes and administrative violations related to environment, natural resources and food safety.

3. To receive and settle reports and denunciations on crimes and administrative violations related to environment, natural resources and food safety.

4. To conduct examination, and detect and handle crimes and administrative violations related to environment, natural resources and food safety.

5. To conduct inspection, assessment, analysis and observation serving verification, detection and handling of crimes and administrative violations related to environment, natural resources and food safety.

6. To mobilize people and vehicles to prevent and combat crimes and administrative violations related to environment, natural resources and food safety.

7. To remedy environmental incidents, protect natural resources and prevent and control environmental pollution.

8. To make preliminary and final reviews of activities of prevention and combat of crimes and administrative violations related to environment, natural resources and food safety.

9. To disseminate the laws on environmental protection, and prevention and combat of crimes and administrative violations related to environment, natural resources and food safety, to the people.

10. To provide training and retraining for Environmental Police officers and men.

11. To carry out international cooperation.

12. To perform other relevant coordination activities.

Article 14. Responsibilities for coordination

1. The Ministry of Public Security shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Health and other concerned ministries and sectors in, formulating and implementing strategies, guidelines, policies and plans for prevention and combat of crimes and administrative violations related to environment, natural resources and food safety;

b/ Direct the Environmental Police to formulate regulations on coordination; assume the prime responsibility for, and coordinate with functional agencies and units of related ministries and sectors in, conducting examination, detecting and handling crimes and administrative violations related to environment, natural resources and food safety;

c/ Receive and process information on crimes and administrative violations related to environment, natural resources and food safety;

d/ Exchange information and documents necessary for investigation into, detection and handling of administrative violations related to environment, natural resources, and food safety with related ministries and sectors;

dd/ Assume the prime responsibility for or participate in the coordination activities specified in Article 13 of this Decree.

2. The Ministry of National Defense shall:

Direct and guide its functional agencies and units to coordinate with the Environmental Police in:

a/ Notifying the situation of violations of the laws on environment, natural resources and food safety and other necessary information related to functions and tasks of the Environmental Police in maritime zones, on islands and in the continental shelf and border regions;

b/ Conducting examination, detecting and handling administrative violations related to environment, resources and food safety in maritime zones, on islands and in the continental shelf and border regions according to its competence. Pursuing violators of the laws on environment, natural resources and food safety upon request;

c/ Transferring to the Environmental Police files and documents on, and vehicles and objects of, matters or cases related to violations of the laws on environment and natural resources which fall within the Environmental Police’ competence.

3. The Ministry of Natural Resources and Environment shall:

Direct and guide its functional agencies and units to coordinate with the Environmental Police in:

a/ Exchanging necessary information and documents on state guidelines and policies and legal documents related to protection of environment and natural resources; notifying the situation and results of inspection, examination and handling of administrative violations related to environment and natural resources;

b/ Conducting examination, detecting and handling administrative violations related to protection of environment and natural resources in the process of survey, exploration, extraction, processing and utilization of mineral resources, land resources, water resources, marine and island resources, and biodiversity;

c/ Transferring to the Environmental Police files and documents on, vehicles and objects of, matters or cases related to violations of the laws on environment and natural resources which fall within the Environmental Police’ competence.

d/ Guiding and supporting professional activities related to environment and natural resources; conducting analysis, observation, inspection and assessment of environment and natural resources; applying environmental standards and regulations for determination of violations of the laws on environment and natural resources; and implementing projects of research, professional training and retraining, consultancy, environmental surveillance, and other activities related to the state management of environment and natural resource protection.

4. The Ministry of Health shall:

Direct and guide its functional agencies and units to coordinate with the Environmental Police in:

a/ Exchanging necessary information and documents on state guidelines and policies related to food safety; notifying violations of the law on food safety and results of inspection, examination and handling of violations of the food safety law, and environment-related health activities;

b/ Conducting examination, detecting and handling environment-related administrative violations in the field of health and food safety in the process of production, trading, and transportation of food and foodstuff, curative and preventive medicines and functional foods;

c/ Transferring to the Environmental Police files and documents on, vehicles and objects of, matters or cases of environment-related violations in the field of health and food safety which fall within the Environmental Police’ handling competence;

d/ Drilling, training, guiding and supporting the Environment Police in professional activities related to health and food safety; conducting analysis, inspection and assessment of food safety; and applying food safety standards and regulations.

5. The Ministry of Agriculture and Rural Development shall:

Direct and guide its functional agencies and units to coordinate with the Environmental Police in:

a/ Exchanging necessary information and documents on guidelines and policies on state management work; notifying the situation and results of inspection, examination and handling of violations related to environment, natural resources and food safety in the fields of agriculture, forestry, fisheries, and rural development;

b/ Conducting examination, detecting and handling administrative violations related to environment, natural resources and food safety in the process of production, trading and use of chemicals, pesticides, products for environmental improvement, fertilizers and agricultural wastes; animal health, animal breeds, livestock feeds, slaughtering and processing animal products; forest protection and development; aquaculture, exploitation of aquatic resources and processing of aquatic products; and nature conservation;

c/ Guiding and supporting the Environment Police in professional activities; and inspection and assessment in the fields of agriculture, forestry and fisheries for detection and handling of crimes and administration related to environment, natural resources and food safety.

6. The Ministry of Industry and Trade shall:

Direct and guide its functional agencies and units to coordinate with the Environmental Police in:

a/ Exchanging necessary information and documents on guidelines and policies on the state management of industry and trade;

b/ Conducting examination, detecting and handling crimes and administrative violations related to environment, natural resources and food safety in the fields of mechanical engineering, metallurgy, electricity, renewable energy, petroleum, chemistry, industrial materials, mining and processing, food industry and other processing industries, export, import, and other fields under the state management of the Ministry of Industry and Trade;

c/ Guiding and supporting the Environment Police in professional activities in the field of industry and trade for detection and handling of crimes and administration related to environment, natural resources and food safety.

7. The Ministry of Finance shall:

Direct and guide its functional agencies and units to coordinate with the Environmental Police in:

a/ Conducting examination, detecting, preventing and handling administrative violations related to environment, natural resources and food safety in the activities of export, import; and smuggling and illegal cross-border goods transportation according to its function of state management of customs;

b/ Transferring files, documents, vehicles, objects of matters and cases of violations related to environment, natural resources and food safety which fall within the competence of the Environmental Police;

c/ Guiding and supporting the Environmental Police in professional activities in the field of customs;

d/ Coordinating with the Ministry of Public Security in allocating sufficient funds for operation of the Environmental Police as prescribed in Article 18 of this Decree.

8. The Ministry of Science and Technology shall

Direct and guide its functional agencies and units to coordinate with the Environmental Police in:

a/ Guiding and exchanging information and experience in management and use of technical facilities and equipment of measurement, analysis and testing for inspection and assessment in the fields of environment, natural resources, food safety, radiation and nuclear safety;

b/ Conducting inspection and calibration of measuring facilities and equipment used for environmental inspection; counseling, assessing and recognizing the conformity of environment inspection and assessment units of the Environmental Police with national standards and Vietnam-applied international standards on quality management of laboratories;

c/ Assuming the prime responsibility for and coordinating in, examining the observance of the laws on measurement, electric field, magnetic field and nuclear and radiation safety;

d) Organizing workshops, conferences and training courses on the application of technical regulations and national and international measurement and quality standards in the fields of environment, natural resources and food safety.

9. Responsibilities of ministries, ministerial-level agencies and government-attached agencies

a/ To guide and examine units under their respective management in implementing this Decree;

b/ To direct and guide functional agencies to coordinate with the Environmental Police in conducting examination and handling administrative violations related to environment, natural resources and food safety according to their respective functions and tasks; to support and create favorable conditions for the Environmental Police to perform its duties.

10. Responsibility of provincial-level People’s Committees

a/ To guide departments, sectors and their attached units to study and implement this Decree within their respective functions and tasks;

b/ To coordinate with competent state agencies in organizing and urging the implementation of policies, guidelines, strategies and plans for prevention and combat of crimes and administrative violations related to environment, natural resources and food safety;

c/ To direct specialized agencies and subordinate People’s Committees to coordinate with the Environmental Police in conducting examination, detecting and handling violations related to environment, natural resources and food safety; to support and create favorable conditions for the Environmental Police to perform its duties.

d/ To allocate local budget funds for prevention and combat of crimes and administrative violations related to environment, natural resources and food safety in accordance with the current Law on the State Budget.

Chapter IV

OPERATION ASSURANCE OF, AND REGIMES AND POLICIES FOR, THE ENVIRONMENTAL POLICE

Article 15. Training and recruitment of human resources

1. The Environmental Police shall be given priority in recruiting outstanding students who have graduated from academies and universities and fully meet the prescribed criteria to be trained and employed in the Environmental Police force.

2. The Environmental Police may select and send officers and non-commissioned officers to domestic and overseas training institutions to be trained in the disciplines suitable to their duties.

3. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs, and related agencies in, specifying training and procedures for recruitment of graduates; and selection and sending of officers and non-commissioned officers to training institutions.

Article 16. Investment in capacity building for the Environmental Police

1. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of Finance, and related ministries and sectors in, allocating state budget funds for formulation of projects to build capacity for the Environmental Police.

2. The Environmental Police shall be furnished with physical foundations, working offices, vehicles and technical equipment for prevention and combat of crimes and administrative violations related to environment, natural resources and food safety.

3. The Ministry of Public Security shall coordinate with related ministries and sectors and People’s Committees at all levels in investing and building infrastructure, and providing vehicles and technical equipment for the operation of the Environmental Police.

Article 17. Allowance regimes

1. Environmental Police officers and men are entitled to law-prescribed regimes and policies for the People’s Public Security officers and men, and allowances for hazardous jobs in accordance with law.

2. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with related ministries and sectors in, specifying allowances for hazardous jobs applicable to the Environmental Police.

Article 18. Operating funds of the Environmental Police

1. Operating funds of the Environmental Police:

a/ State budget funds allocated in accordance with the Law on the State Budget;

b/ Annual non-business funds for environmental protection; financial donations and contributions of agencies, organizations and individuals, and other lawful funding sources;

c/ Expenditures for operation of the Environment Police must comply with current regulations in the fields of environment, natural resources and food safety.

2. The Ministry of Public Security shall direct the Environmental Police to estimate its annual operating funds and submit them to competent authorities for approval and organization of the implementation.

Chapter V

IMPLEMENTATION PROVISIONS

Article 19. Effect

This Decree takes effect on December 5, 2015.

The Government’s Decree No. 72/2010/ND-CP of August 7, 2010, providing for prevention and combat of environmental crimes and other environment-related violations, ceases to be effective on the date this Decree takes effect.

Article 20. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG