Joint Circular No. 01/2011/TTLT-BCA-BKHCN stipulates the coordination in implementing Decision No. 20/2009/QĐ-TTg dated February 10, 2009 of the Prime Minister on the provision, use of technical equipment for environmental protection in the work of preventing, detecting, and handling violations of environmental protection laws by the People's Police force.

JOINT CIRCULAR

Regulations on cooperation in implementing Decision No. 20/2009/QĐ-TTg dated February 10, 2009 of the Government regarding the provision and use of technical equipment for environmental protection work by the People's Police force

 on the provision and use of technical means and equipment for preventive work, detection, and

 handling of violations of laws on environmental protection by the People's Police force

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

Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 72/2010/NĐ-CP dated July 8, 2010 of the Government on prevention, struggle against crimes and other violations of laws related to the environment;

Pursuant to Decision No. 20/2009/QĐ-TTg dated February 10, 2009 of the Prime Minister on the provision and use of technical means and equipment for preventive work, detection, and handling of violations of laws on environmental protection by the People's Police force;

The Ministry of Public Security and the Ministry of Science and Technology hereby jointly regulate the cooperation in implementing Decision No. 20/2009/QĐ-TTg dated February 10, 2009 of the Prime Minister on the provision and use of technical means and equipment for preventive work, detection, and handling of violations of laws on environmental protection by the People's Police force as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars stipulate the cooperation activities of units under the Public Security sector and the Science and Technology sector in the provision, management, and use of technical means and equipment for preventive work, detection, and handling of violations of laws on environmental protection by the People's Police force.

Article 2. Applicability

These Circulars apply to agencies and units under the Science and Technology sector and the People's Police force at central and local levels.

Article 3. Principles of Cooperation

1. Implementation of cooperative content based on the functions, tasks, and authorities of the two Ministries as prescribed by law in areas related to the provision, management, and use of technical means and equipment for preventive work, detection, and handling of violations of laws on environmental protection by the People's Police force.

2. Cooperation between the two sectors must be carried out uniformly, continuously, and comprehensively from the central to the local level. Ensuring proactivity, tightness, timeliness, and mutual support to effectively implement measures without affecting each party's tasks, in compliance with legal regulations and specific sectoral regulations.

Chapter II

CONTENTS OF COORDINATION

Article 4. Cooperation in exchanging information

1. The Ministry of Public Security and the Ministry of Science and Technology within their respective functions, tasks, and authorities shall direct functional units at all levels to closely cooperate in exchanging and receiving information on the provision, management, and use of technical equipment for environmental protection in preventive work, detection, and handling of violations of laws on environmental protection by the People's Police force.

2. Functional units under the Public Security and Science and Technology sectors at all levels when organizing training sessions, seminars, and conferences on the provision and use of technical equipment in the environmental field shall notify each other to send representatives to participate.

Organize publicity and dissemination of the application of technical standards and national standards; international standards applied in Vietnam in the environmental field and the use of technical equipment for environmental protection.

4. Within its functions, tasks, and authorities, the Ministry of Science and Technology shall direct functional units under the Science and Technology sector to provide information and assist in searching for information on regulatory documents, provisions in the fields of standardization, measurement, and quality: National technical standards, national standards, international standards applied in Vietnam in the environmental field and environmental testing to serve preventive work, detection, and handling of violations of laws on environmental protection by the People's Police force.

Article 5. Coordination in management and organization of implementation of regulations on standards, measurement, and quality for technical equipment related to the environment in activities of prevention, detection, and handling violations of environmental protection laws by the People's Police Force.

1. The Ministry of Public Security shall take the lead, with the coordination of the Ministry of Science and Technology:

a) Annually proactively review, propose, and supplement measuring instruments belonging to the list of technical equipment related to the environment in the work of prevention, detection, and handling violations of environmental protection laws by the People's Police Force into the "List of Measuring Instruments Required for Calibration" to ensure state management requirements on measurement in accordance with the law on measurement;

b) Guide and direct the People's Police Force to coordinate with relevant units under the Ministry of Science and Technology and under the Provincial Departments of Science and Technology to compile a list of technical equipment related to the environment of the People's Police Force that must be calibrated and inspected regularly; develop plans and conduct testing, inspection, and calibration of technical equipment related to the environment under management to ensure compliance with legal provisions serving the work of the People's Police Force and allocate funds annually for testing, measurement, inspection, and calibration activities of these types of equipment;

c) Organize the implementation of the establishment and application of standards on laboratory testing capacity and calibration for the Environmental Inspection Laboratory of the People's Police Force in accordance with international standard ISO/IEC17025.

2. The Ministry of Science and Technology shall take the lead, with the coordination of the Ministry of Public Security:

a) Organize the implementation of approval of measuring instrument models, recognition of measurement instrument inspection capabilities, certification of measurement standards, certification and issuance of measurement inspector cards in accordance with regulations;

b) Organize training for measurement inspectors, provide training on metrology operations for technical staff of the Environmental Crime Prevention Police Force;

c) Organize and implement the inspection or calibration of technical equipment related to the environment of the People's Police Force in accordance with the law on measurement to ensure accuracy of technical equipment related to the environment when used in handling violations of environmental protection laws.

Article 6. Coordination in research and application of scientific and technological progress.

1. Responsibilities of the Ministry of Public Security:

a) Based on actual conditions and professional technical needs, the People's Police Force shall proactively coordinate with units under the Science and Technology sector at central and local levels to train and enhance the skills of personnel using technical equipment related to the environment to meet the requirements of their tasks;

b) Direct the People's Police Force to coordinate with functional units under the Science and Technology sector at central and local levels to recommend competent authorities to allocate science and technology development budgets and other funding sources to serve the research and application of scientific and technological progress in equipping, calibrating, and inspecting technical equipment related to the environment of the People's Police Force;

c) Direct the People's Police Force to coordinate with the Standardization, Metrology, and Quality Control General Department under the Ministry of Science and Technology to train technical staff, guide, and organize the establishment of an Environmental Inspection Center of the Environmental Crime Prevention Police Force meeting legal, scientific, and technical conditions to serve activities of struggle against prevention, detection, and handling of violations of environmental protection laws by the People's Police Force;

d) Organize and direct specialized departments within the People's Public Security Force to coordinate with functional units under the Ministry of Science and Technology to conduct scientific research and apply technological progress in equipping, producing, and improving technical equipment related to the environment to serve the work of prevention, detection, and handling of violations of environmental protection laws by the People's Police Force.

2. The Ministry of Science and Technology shall have the responsibility:

a) To organize and direct the implementation of scientific research and application of scientific and technological progress in equipping, producing, and improving technical equipment for inspection and calibration of environmental measurement devices to serve the work of the People's Police Force;

b) To implement research, development, and application plans of scientific and technological achievements; specify specific conditions for operation for research and development of science and technology; organize the implementation of comprehensive training plans to build a team of specialized technical cadres, support the development of scientific and technological forces and management systems of laboratories as well as technical equipment related to the environment of the People's Police Force;

c) To promote activities of applying scientific and technological progress, publish and publicize the results of scientific research and technological development in activities of inspection, calibration, and testing in the field of the environment and environmental inspection.

3. The Ministry of Public Security and the Ministry of Science and Technology within the scope of their functions, duties, and powers shall have the responsibility to direct functional units of their sectors at central and local levels to closely cooperate in the work of researching and establishing methods and procedures for environmental analysis and inspection; conducting scientific research and applying technological progress in equipping and using technical equipment related to the environment to serve the work of prevention, detection, and handling of environmental law violations; strictly implement the provisions of Government Decree No. 169/2007/NĐ-CP dated November 19, 2007 on mobilizing scientific and technological potential to serve police work.

Chapter III

IMPLEMENTATION

Article 7. Responsibilities for coordination in implementation

1. The Ministry of Public Security shall instruct the Criminal Police General Corps, the Logistics and Technical General Department, and the public security organs of the centrally governed cities and provinces to take responsibility within their respective functions for advising, directly guiding the dissemination of the contents, and closely coordinating in the implementation of Decision No. 20/2009/QĐ-TTg dated February 10, 2009 of the Government Chairman on regulations regarding the provision, use of technical means and equipment in preventive work, detection, and handling of violations of environmental protection laws by the People's Police force and this Circular.

2. Annually, the Criminal Police General Corps of the Ministry of Public Security shall develop specific cooperation programs with functional units under the Ministry of Science and Technology; public security organs of the centrally governed cities and provinces shall develop specific cooperation programs with provincial Science and Technology Departments.

3. Annually, the relevant parties shall take turns hosting meetings to report on cooperative activities between the Criminal Police General Corps and the Standardization, Measurement, and Quality Control General Department, the Application and Development of Technology Department, the Radiation and Nuclear Safety Department, and the Atomic Energy Department; between provincial Science and Technology Departments and public security organs of the centrally governed cities and provinces; the host of the meeting shall be responsible for preparing the agenda and materials for the meeting.

Article 8. Effective Date

1. This Circular shall take effect from April 5, 2011.

2. In the course of implementation, if any difficulties arise, units and localities shall promptly reflect them to the Ministry of Public Security (Criminal Police General Corps) and the Ministry of Science and Technology (Standardization, Measurement, and Quality Control General Department) for study, amendment, and supplementation./.