Circular No. 01/2010/TT-BCA guiding the implementation of certain provisions of Decision No. 20/2009/QĐ-TTg dated February 10, 2009 of the Prime Minister on the provision, use of technical equipment for the prevention, detection, and handling of violations of environmental protection laws by the People's Public Security Forces.

CIRCULAR

Guidelines for implementing certain provisions of Decision No. 20/2009/QD-TTg dated February 10, 2009 of the Prime Minister on the provision and use of technical equipment in the work of preventing, detecting, and handling violations of environmental protection laws by the People's Public Security force.

Pursuant to Decree No. 77/2009/ND-CP dated September 15, 2009 on the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decision No. 20/2009/QD-TTg dated February 10, 2009 of the Prime Minister on the provision and use of technical equipment in the work of preventing, detecting, and handling violations of environmental protection laws by the People's Public Security force;

The Ministry of Public Security issues guidelines for implementing certain provisions of Decision No. 20/2009/QD-TTg dated February 10, 2009 of the Prime Minister on the provision and use of technical equipment in the work of preventing, detecting, and handling violations of environmental protection laws by the People's Public Security force (hereinafter referred to as Decision No. 20/2009/QD-TTg) as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circular guides the provision, management, and use of technical equipment in monitoring, collecting, preserving, transporting, and analyzing environmental samples (hereinafter referred to as technical equipment) serving the work of preventing, detecting, and handling violations of environmental protection laws by the People's Public Security force as stipulated in Decision No. 20/2009/QD-TTg.

Article 2. Applicability

These Circular applies to officers and non-commissioned officers of the People's Public Security force (hereinafter referred to as officers), public security units and localities, and organizations, individuals related to monitoring, collecting, preserving, transporting, and analyzing environmental samples.

Chapter II

SPECIFIC PROVISIONS

Article 3. Provision of Technical Equipment

Clause 1. The provision of technical equipment shall be carried out in accordance with the provisions of Decision No. 20/2009/QD-TTg, guided by this Circular, and other relevant legal regulations. Public security units and localities shall provide technical equipment specified in Article 2 of Decision No. 20/2009/QD-TTg to the People's Public Security force engaged in the prevention, detection, and handling of violations of environmental protection laws based on their unit and locality requirements.

Clause 2. Specialized technical equipment belonging to fields such as security, order, environment, science and technology, health, biology... that has been provided to the People's Public Security force and can meet the requirements of the work of preventing, detecting, and handling violations of environmental protection laws shall be considered technical equipment under this Circular and may be used in the work of preventing, detecting, and handling violations of environmental protection laws.

Article 4. Management of Technical Equipment

Clause 1. Technical equipment must be managed in accordance with the Ministry of Public Security's regulations on managing, providing, and using technical equipment and materials in the People's Public Security force and this Circular.

Clause 2. Technical equipment must be regularly maintained and quality-checked according to the technical requirements of each type; the unit responsible for managing and using them must keep records and ledgers tracking the use and transfer of technical equipment within their unit.

Clause 3. The Director of the General Logistics and Technical Service Department decides on the transfer of technical equipment between units under the Ministry and provincial-level public security organs directly under the central government, and between provincial-level public security organs when authorized by the Minister; the Director of the General Department of Police Investigation and Crime Prevention, and the Directors of provincial-level public security organs directly under the central government decide on the transfer of technical equipment among units under their management. When transferring technical equipment, a detailed record must be made specifying the type, code, quantity, quality, spare parts, and accompanying documentation.

Article 5. Use of technical means and equipment

1. Technical means and equipment must be used for their intended purposes according to work programs and plans approved by the Head of the Department under the Environmental Crime Prevention Police Bureau, the Head of the Environmental Crime Prevention Police Department under the Public Security Agency of the province or centrally-administered city, or the Head of the Public Security Office of the district, town, or provincial-level city (hereinafter referred to as the Public Security Office at the county level) or higher.

2. Officers assigned to use technical means and equipment openly or secretly shall be decided by the Head of the Department under the Environmental Crime Prevention Police Bureau, the Head of the Environmental Crime Prevention Police Department under the Public Security Agency of the province or centrally-administered city, or the Head of the Public Security Office at the county level or higher according to the work plan that has been approved.

3. Officers assigned to use technical means and equipment must be trained and instructed; when using them, they must follow the procedures and usage rules and operations; they must ensure safe storage and not lose, damage, or swap them, and bear personal responsibility for their use of technical means and equipment. Upon completion of the assigned period for using technical means and equipment, they must hand them over to the unit for management.

4. Units and individuals assigned to manage and use technical means and equipment may not use them arbitrarily or for unintended purposes, affecting the rights and legitimate interests of agencies, organizations, or individuals, or violating regulations on managing and using technical means and equipment; if violations occur, they will be subject to disciplinary action or criminal liability depending on the nature and severity of the violation; if loss occurs, compensation must be provided according to the law.

5. When the People's Police force collaborates with relevant ministries and sectors to use specialized technical means and equipment, it must comply with the procedures, formalities, processes, and regulations governing the management and use of such specialized technical means and equipment, and the cooperation mechanism between the Ministry of Public Security and relevant ministries and sectors.

6. Results collected through technical means and equipment (data displayed on technical devices; printed result sheets; environmental samples; analysis results; photographs; images; site diagrams...) can be used as a basis for considering the application of penalty forms according to the law. Documentation collected through technical means and equipment must be reflected in the administrative violation report on environmental protection. The evaluation of environmental samples must be based on legal provisions regarding technical standards and norms.

Article 6. Responsibilities of Local Police Units

1. The General Department of Environmental Crime Prevention is responsible for:

a) Directing research and construction of an Environmental Standard Testing Center capable of testing, analyzing, and monitoring the environment, with a database serving as a basis for preventing, detecting, investigating, and handling violations of environmental protection laws, reporting to the leadership of the Ministry for consideration and decision;

b) Cooperating with functional agencies under the Ministry of Natural Resources and Environment, the Ministry of Planning and Investment, and the Ministry of Finance to develop plans for allocating, managing, and utilizing development investment funds, environmental public service funds, and other sources of funding to ensure adequate provision of technical means and equipment, submitting these plans to competent authorities for consideration and decision;

c) Developing technical standards for each type of technical means and equipment, submitting them to competent authorities for promulgation;

d) Assisting the Ministry leadership in coordinating with functional agencies of the Ministry of Natural Resources and Environment, the Ministry of Science and Technology, the Ministry of Finance, the Vietnam Academy of Science and Technology, the Ministry of Health, and related ministries and sectors to establish specific regulations on the cooperation mechanism for using technical means and equipment, submitting these regulations to the leadership of the Ministry of Public Security and related ministries for signing and promulgation;

đ) Cooperating with relevant units within and outside the Public Security sector to analyze and test environmental samples to serve preventive, detection, and handling activities of environmental protection law violations;

e) Cooperating with the General Logistics and Technical Service Department to include technical means and equipment in the national and Ministry of Public Security management lists as prescribed by the State;

g) Guiding, inspecting, and organizing training for officers tasked with monitoring, collecting, storing, transporting, testing, and analyzing environmental samples.

2. The General Logistics and Technical Service Department is responsible for organizing research and application of science and technology to produce and purchase technical means and equipment as stipulated in Article 2 of Decision No. 20/2009/QĐ-TTg to supply to the People's Police force.

3. The Financial Department is responsible for leading and coordinating with functional agencies to prepare budgets and allocate funds to ensure support for the provision and use of technical means and equipment as stipulated in Article 2 of Decision No. 20/2009/QĐ-TTg for the People's Police force.

4. The Director of Public Security Agencies of provinces and centrally-administered cities is responsible for:

a) Recruiting, training, and enhancing the professional capabilities of officers in technical means and equipment;

b) Cooperating with local departments and sectors to develop plans for using and allocating environmental public service funds and other sources of funding to ensure the provision and use of technical means and equipment by the People's Police force in the locality;

c) Cooperating with local departments and sectors to develop mechanisms for using technical means and equipment and calibrating and testing technical means and equipment by the People's Police force in the locality.

Chapter III

IMPLEMENTATION

Article 7. Effective Date

This Circular takes effect forty-five days from the date of signature.

Article 8. Responsibility for Implementation

1. The Director of the General Department of Environmental Crime Prevention is responsible for directing, guiding, inspecting, and urging the implementation of this Circular.

2. The Directors of General Departments, Heads of subordinate units of the Ministry, Directors of Public Security Agencies of provinces and centrally-administered cities, and Directors of the Fire Prevention and Fighting Police Department of Ho Chi Minh City are responsible for organizing the implementation of this Circular.

During the implementation of this Circular, if any issues arise, Public Security units and localities should report to the Ministry (through the General Department of Environmental Crime Prevention) for timely guidance./.