Ordinance No. 10/2014/UBTVQH13 on Environmental Police

ORDINANCE
ENVIRONMENTAL POLICE

On the basis of the Constitution of the Socialist Republic of Vietnam;

Based on Resolution No. 45/2013/QH13 of the National Assembly regarding the adjustment of the legislative program for the 2013 term of the XIIIth National Assembly session and the legislative program for 2014;

The Standing Committee of the National Assembly promulgates the Environmental Police Ordinance,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates the functions, tasks, powers, organization, operation guarantees, and systems and policies for the Environmental Police; the responsibilities of agencies, organizations, and individuals related to the Environmental Police.

Article 2. Applicability

This Ordinance applies to the Environmental Police, agencies, organizations, Vietnamese citizens, and foreign organizations and individuals residing or operating within the territory of the Socialist Republic of Vietnam.

Article 3. Position and Functions of the Environmental Police

The Environmental Police is a specialized force under the People's Public Security that performs the function of preventing, detecting, stopping, and combating environmental crimes and administrative violations; proactively coordinating to prevent and combat crimes and violations of laws related to natural resources and food safety.

Article 4. Principles of Organization and Operation of the Environmental Police

1. Under the comprehensive leadership of the Central Party Committee of the Public Security and the command and management of the Minister of Public Security.

2. Adhering to the Constitution and laws; respecting and protecting the interests of the State, human rights, and legitimate rights and interests of agencies, organizations, and individuals; creating a favorable environment for economic and social development and ensuring social security.

3. Proactively preventing, promptly detecting, stopping, and strictly handling crimes and violations of laws within their functional and task scope.

4. Closely cooperating with relevant agencies and organizations in preventing and combating crimes and violations of laws within their functional and task scope.

5. Rely on the people, mobilize the strength of the people, and be subject to the supervision of the people.

Article 5. Building the Environmental Police

1. The State builds the Environmental Police as a revolutionary, regular, efficient, and gradually modernized force.

2. Agencies, organizations, and individuals have the responsibility to participate in building, coordinating, and assisting the Environmental Police in performing their functions, tasks, and powers as prescribed by law.

3. The Environmental Police are prioritized in selecting, training human resources and investing in material infrastructure, equipment, and technical means to meet assigned tasks.

Article 6. Prohibited Acts

1. For the Environmental Police:

a) Actions prohibited as provided by the Law on Public Security Organs;

b) Intentionally allowing crimes and administrative violations concerning the environment, natural resources, and food safety to go undetected;

c) Exploiting the performance of duties and powers of the Environmental Police to cause harassment, inconvenience, and infringement upon the interests of the State, human rights, and legitimate rights and interests of agencies, organizations, and individuals.

2. For agencies, organizations, and individuals:

a) Resisting or obstructing the Environmental Police from performing their duties;

b) Impersonating Environmental Police;

c) Bribing, offering inducements, or inciting, enticing, coercing the Environmental Police to perform acts contrary to their functions, tasks, and powers;

d) Retaliating, threatening retaliation, obstructing witnesses, informants, accusers, or their relatives in reporting, accusing, and handling crimes and administrative violations concerning the environment, natural resources, and food safety.

Chapter II
TASKS, POWERS AND ORGANIZATION
OF THE ENVIRONMENTAL POLICE

Article 7. Tasks and Authorities of Environmental Police

Within their functions, the Environmental Police shall have the following tasks and authorities:

1. Collecting information, analyzing, evaluating, and forecasting situations to advise and propose to competent authorities on directing preventive work and combating criminal offenses and violations of the law.

2. Applying police measures to organize prevention and combat criminal offenses and violations of the law.

3. Receiving, processing, and resolving reports and tips about criminal offenses and violations of the law in accordance with the provisions of the law.

4. Conducting investigations into environmental crimes and resource-related crimes, food safety crimes related to the environment in accordance with the provisions of the law.

Inspections must be based on a written decision of the head of the Environmental Police agency under the Ministry of Public Security, provincial-level city public security organs; a written decision of the provincial-level city public security director, county, district, town, provincial-level city public security chief, and equivalent administrative units.

6. Handling administrative violations in accordance with the provisions of the law.

7. In cases of necessity and urgency, they may mobilize personnel and means of agencies, organizations, and individuals in accordance with the provisions of the law.

8. Using weapons, explosives, and support tools in accordance with the provisions of the law; using technical equipment and means in accordance with the provisions of the law.

9. Seizing samples, documents, and evidence related to criminal offenses and administrative violations for examination or cooperating with authorized agencies and organizations to examine and appraise them.

10. Requesting agencies, organizations, and individuals to provide information, documents, and objects related to environmental criminal offenses and administrative violations, resource-related criminal offenses, and food safety criminal offenses related to the environment in accordance with the law.

11. Cooperating with agencies, organizations, and units in preventing and combating environmental criminal offenses, resource-related criminal offenses, and food safety criminal offenses in accordance with the Government's regulations.

12. Implementing international cooperation in accordance with the regulations of the Minister of Public Security.

13. Performing other tasks and authorities as prescribed by law.

The organization of Environmental Police includes:

a) A bureau under the Ministry of Public Security;

b) A department under provincial-level city public security organs;

c) A team under county, district, town, provincial-level city public security organs, and equivalent administrative units.

The Minister of Public Security shall specify this matter.

Chapter III
ENSURING OPERATIONS AND REGIME, POLICIES
FOR ENVIRONMENTAL POLICE

Article 9. Equipment of Environmental Police

Environmental Police shall be equipped with weapons, explosives, support tools, technical equipment, and means in accordance with the regulations of the Minister of Public Security.

Article 10. System and Policy for Environmental Police Officers and Soldiers

Environmental Police officers and soldiers shall enjoy the system and policy stipulated in the Law on People's Public Security; they shall also enjoy the hazardous substance allowance and protective equipment provision system in accordance with the law.

Article 11. Treatment and policies for agencies, organizations, and individuals

1. Agencies, organizations, and individuals participating, coordinating, collaborating, and assisting Environmental Police in performing their tasks with achievements shall be rewarded; if they suffer damage to reputation, it shall be restored; if they suffer property loss, compensation shall be provided; if individuals suffer bodily injury, health impairment, or endangerment to life, themselves and their families shall enjoy treatment and policies as prescribed by law.

2. Agencies, organizations, and individuals participating, coordinating, collaborating, and assisting Environmental Police shall be protected and kept confidential as prescribed by law.

Article 12. Operating funds of Environmental Police

The operating funds of Environmental Police shall be guaranteed by the state budget.

Chapter IV
RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS
FOR ENVIRONMENTAL POLICE

Article 13. Responsibilities of the Ministry of Public Security

1. Issue according to authority or submit to competent authorities for issuance of regulatory legal documents on Environmental Police.

2. Direct and organize the implementation of regulatory legal documents on Environmental Police.

3. Manage the organizational system, staffing, and activities of Environmental Police; organize training, instruction, and capacity building for Environmental Police officers.

4. Issue a list of types of weapons, explosives, support tools, equipment, and technical means of Environmental Police.

5. Inspect, audit, reward, handle violations, resolve complaints and denunciations related to Environmental Police.

6. Direct the implementation of international cooperation in information exchange, training, instruction, and equipping for Environmental Police.

1. Direct subordinate agencies and units to coordinate and support Environmental Police in performing functions, tasks, and powers.

2. Support the implementation of projects, research topics, training, instruction, capacity building, international cooperation, and advisory services for Environmental Police.

Article 15. Responsibilities of ministries, ministerial-level agencies, and government agencies

Within the scope of their functions, tasks, and powers, ministries, ministerial-level agencies, and government agencies direct subordinate agencies and units to coordinate with Environmental Police in performing functions, tasks, and powers.

Article 16. Responsibilities of local authorities

Within the scope of their duties and powers, local authorities at all levels ensure and create conditions for Environmental Police to perform their functions, tasks, and powers.

Article 17. Responsibilities of the Vietnam Fatherland Front and its member organizations

Within the scope of their duties and powers, the Vietnam Fatherland Front and its member organizations shall publicize, mobilize the people, cooperate in preventing and combating environmental crimes and violations, food safety offenses; supervise and assist Environmental Police in performing their functions, tasks, and powers.

Chapter V
IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Ordinance takes effect from June 5, 2015.

Article 19. Detailed Provisions

The Government and competent authorities shall provide detailed regulations for the provisions assigned in this Ordinance./.