Joint Circular No. 02/2009/TTLT-BCA-BTNMT guiding the relationship and coordination in crime prevention and control and law violations related to environmental protection

JOINT CIRCULAR

Guidelines for cooperation in work to prevent and combat crimes and violations of environmental protection laws

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Pursuant to the Environmental Protection Law 2005;

Pursuant to the Ordinance on Handling Administrative Violations dated July 2, 2002; the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations dated March 8, 2007; the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations dated April 2, 2008;

Pursuant to Decree No. 136/2003/NĐ-CP dated November 14, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Directive No. 24/2008/CT-TTg dated August 8, 2008 of the Prime Minister on strengthening work to prevent and combat crimes and violations of environmental protection laws;

The Ministry of Public Security and the Ministry of Natural Resources and Environment hereby uniformly issue guidelines for cooperation in work to prevent and combat crimes and violations of environmental protection laws as follows:

I. GENERAL PROVISIONS

1. Scope of Application These Circulars guide the relationship and cooperation between the Ministry of Public Security and the Ministry of Natural Resources and Environment in work to prevent and combat crimes and violations of environmental protection laws.

2. Principles of Cooperation

2.1. Cooperation shall be carried out based on functions and tasks, ensuring the effectiveness of preventive, detection, investigation, and handling of crimes and violations of environmental protection laws; avoiding formalism, overlapping, neglecting responsibilities, and hindering normal activities of each sector.

2.2. Exchange of information on crimes and violations of environmental protection laws must be conducted regularly in accordance with the provisions of the law and of each sector.

2.3. When discovering a violation of environmental protection laws, cooperation in inspection, verification, and comprehensive, objective, and thorough assessment of the causes, nature, extent, and consequences of the violation must be carried out.

2.4. For cases of violations of environmental protection laws within the jurisdiction of functional units of both sectors, the unit that discovers the case first shall be responsible for handling the file and leading the cooperative resolution process. In case of differing opinions on the specific case resolution, they must report to the leaders at the same level of both sectors for consideration and resolution.

II. CONTENTS OF COOPERATION

1. Cooperation in Information Exchange

1.1. Within their respective functions, tasks, and authorities, the Ministry of Public Security and the Ministry of Natural Resources and Environment shall direct their functional units at all levels to closely cooperate in grasping the situation, exchanging, and receiving information on crimes and violations of environmental protection laws and prevention and control work.

1.2. Functional units under the Ministry of Public Security and the Ministry of Natural Resources and Environment at all levels, when organizing training sessions, seminars, and conferences on prevention and control of crimes and violations of environmental protection laws, shall notify each other to send representatives to participate.

1.3. The system, content, and form of information exchange and receipt related to prevention and control of violations of environmental protection laws between functional units under the Ministry of Public Security and the Ministry of Natural Resources and Environment at all levels are regulated as follows:

a) For information and materials about the situation of crimes and violations of environmental protection laws relevant to the investigative and handling authority of the Ministry of Public Security discovered by functional units under the Ministry of Natural Resources and Environment, the heads of these units must promptly report to their immediate superiors while informing the Environmental Police force at the same level to handle the matter;

b) Information and materials about violations of environmental protection laws discovered by the Environmental Police force and other forces under the Ministry of Public Security, if not within their own handling authority, shall be reported to the functional units under the Ministry of Natural Resources and Environment at the same level for handling;

c) After completing the handling of the information and materials, the handling unit shall be responsible for reporting the handling results to the unit that provided the information and materials for statistical and reporting purposes;

d) Annually, the General Department of Environment under the Ministry of Natural Resources and Environment and the General Administration of Police (Environmental Police Bureau) under the Ministry of Public Security shall coordinate to compile the situation of violations of environmental protection laws and handling results, and report to the leadership of both Ministries.

2. Cooperation in Inspection and Handling of Violations of Environmental Protection Laws

2.1. When organizing inspection teams for environmental protection, specialized agencies under the Ministry of Natural Resources and Environment, Departments of Natural Resources and Environment, depending on specific circumstances, may request the Director of the Environmental Police Bureau, the Provincial Public Security Director (hereinafter referred to as Provincial Public Security) where the inspection is being conducted, to provide necessary technical equipment or dispatch personnel to participate. The Director of the Environmental Police Bureau, the Provincial Public Security Director requested shall be responsible for fully and promptly meeting the above requests.

2.2. After completing the inspection, the specialized inspection agency under the Ministry of Natural Resources and Environment, the Department of Natural Resources and Environment shall be responsible for informing the Director of the Environmental Police Bureau, the Provincial Public Security Director where the inspection was conducted of the inspection results and the results of cooperation for experience sharing.

2.3. If necessary, to serve the requirements of combating environmental crimes, the Director of the Environmental Police Bureau, the Provincial Public Security Director may request the specialized inspection agency under the Ministry of Natural Resources and Environment, the Department of Natural Resources and Environment to establish a joint inspection team for environmental protection. The specialized inspection agency under the Ministry of Natural Resources and Environment, the Department of Natural Resources and Environment requested shall be responsible for coordinating implementation.

3. Cooperation in Combating Environmental Crimes

3.1. For state management agencies on environmental protection:

a) When discovering events indicating environmental crimes, they have the responsibility to inform and provide relevant materials to the Environmental Police force at the same level to carry out operational work and handle according to their authority.

b) Provide the results of handling cases of violations of laws on environmental protection within their jurisdiction and other related information and documents to the Environmental Police force and other public security units for the purpose of conducting investigative work to combat criminal offenses and violations of laws on environmental protection;

c) Cooperate in conducting appraisals and inspections of violations of laws on environmental protection; monitoring and analyzing environmental samples when requested by the Environmental Police unit;

d) Cooperate with the Environmental Police force to advise the People's Committee at the same level to promptly and urgently organize the resolution and remediation of environmental incidents.

3. 2. For the Environmental Police force:

a) Upon receiving reports and relevant materials regarding criminal offenses and violations of laws on environmental protection transferred from state management agencies on environmental protection, they must promptly implement investigative measures and handle them according to the provisions of the law;

b) Depending on specific circumstances, cooperate with specialized inspection agencies on environmental protection at the same level to apply administrative penalties and measures to remedy consequences, or propose competent authorities to apply other measures according to the provisions of the law;

c) Notify the functional units at the same level under the Ministry of Natural Resources and Environment about the results of handling cases with signs of environmental crimes and administrative penalty cases within their jurisdiction.

4. Coordination in propaganda, dissemination, and legal education activities

4. 1. The Ministry of Public Security coordinates with the Ministry of Natural Resources and Environment to incorporate environmental protection into the content of the nationwide movement to protect national security, while guiding and directing this movement at local levels; organizing propaganda through the information media of the Public Security sector and the State.

4. 2. The Environmental Police Bureau, provincial public security organs have the responsibility to coordinate with functional units on environmental protection at the same level in the dissemination, promotion, and legal education on environmental protection among agencies, organizations, and the general public; compiling and reporting the situation of environmental crimes and violations of laws on environmental protection in their areas, proposing remedial measures to People's Committees at all levels, and publicly informing the people to jointly inspect and supervise implementation.

5. Strengthening the capacity of agencies combating violations of laws on environmental protection

5. 1. The Ministry of Public Security and the Ministry of Natural Resources and Environment coordinate to review and propose competent authorities to build, supplement, and amend legal normative documents related to the fight against criminal offenses and violations of laws on environmental protection to be consistent with new situations; propose amendments and supplements to environmental technical standards and norms; summarize and conclude experiences in the fight against and handling of violations of laws on environmental protection within their authority.

5. 2. The Ministry of Natural Resources and Environment coordinates and supports the Ministry of Public Security in implementing research projects, training programs, professional skill enhancement, international cooperation, consulting, environmental supervision, and investment in equipment to improve the professional capacity and scientific and technological knowledge of the Public Security forces in combating criminal offenses and violations of laws on environmental protection. Environmental Police forces at all levels are prioritized to use environmental事业环境经费投资设备。总站环境、市自然资源和规划局负责与总站警察（环境警察局）、省、自治区直辖市公安局有效、按目的使用上述资金。

III. IMPLEMENTATION

1. The Ministry of Public Security assigns the General Station of Public Security, and the Ministry of Natural Resources and Environment assigns the General Station of Environment to serve as the coordinating body to implement this Circular.

2. Every six months, they will take turns hosting coordination meetings on work progress between the General Station of Public Security, the General Station of Environment; between provincial and municipal public security organs under the direct jurisdiction of the central government and the Departments of Natural Resources and Environment. The host of the meeting is responsible for preparing the agenda and materials for the meeting.

3. This Circular takes effect from March 23, 2009. During the implementation process, if any issues arise, please report them promptly to the Ministry of Public Security and the Ministry of Natural Resources and Environment for study, amendment, and supplementation.