Decree No. 105/2015/NĐ-CP detailing the implementation of certain provisions of the Environmental Police Ordinance.

DECREE

Providing detailed implementation of certain provisions of"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:Environmental Police Cenvironmental supervisiong

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

|||依据国家保密法 lEnvironmental Police on December 23, 2014;

At the proposal of the Minister of Public Security,

the Government issues this DecreeTHE This Circular includes "Technical Regulations for the Operation of Automatic Meteorological and Hydrological Stations".ANNEX I.A[31] Implementation of certain provisions of the Environmental Police Ordinance.

PART I

GENERAL PROVISIONS

This Decree provides detailed implementation of certain provisions of the Environmental Police Ordinance regarding tasks, powers, ensuring operations, and systems and policies for the Environmental Police force; coordination relationships in preventing, combating crimes and administrative violations related to the environment, natural resources, food safety.

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

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. Violations of laws on natural resources related to the environment are administrative violations in activities of investigation, exploration, exploitation, processing, utilization of mineral resources, land resources, water resources, forest resources, marine and island resources.

2. Violations of laws on food safety related to the environment are administrative violations in activities of production, business, transportation of foodstuffs, medicines, health foods, genetically modified foods, animal feed, fertilizers, veterinary drugs, plant protection chemicals, growth promoters, crop and livestock seeds; products for environmental treatment.

TASKS AND POWERS OF THE ENVIRONMENTAL POLICE

Environmental police have the responsibility to perform the following tasks:

1. Organizing the collection of information, analysis, evaluation, and forecasting of the situation of criminal offenses and administrative violations related to the environment, natural resources, and food safety to advise and propose to competent authorities to issue, direct, and directly organize the implementation of policies, strategies, programs, plans, and measures for preventing and combating criminal offenses and administrative violations related to the environment, natural resources, and food safety.

2. Organizing research, application, and mobilization of scientific and technological achievements to serve the prevention and combat against criminal offenses and administrative violations related to the environment, natural resources, and food safety.

3. Building and managing databases to serve the prevention and combat against criminal offenses and administrative violations related to the environment, natural resources, and food safety.

4. Participating in emergency response activities, protecting natural resources, and preventing and controlling environmental pollution in accordance with the law.

The Environmental Police may apply the following work measures and investigative techniques:

1. Mobilization of the masses, legal education, diplomacy, economic, scientific and technological, investigative, and armed measures as prescribed by the Law on Public Security Organs; other investigative techniques as prescribed by other relevant legal documents.

2. Deploying personnel to infiltrate and understand the activities of criminals and violators of laws related to the environment, natural resources, and food safety.

3. Deploying forces to monitor the activities of persons who have signs of committing crimes or although they do not yet have signs of committing crimes but there is clear evidence that they are directly involved in crimes and violations of laws related to the environment, natural resources, and food safety.

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

a) To provide information, documents, and items related to crimes and administrative violations related to the environment, natural resources, and food safety to serve the verification and clarification of such crimes and administrative violations when there are reports of crimes or administrative violations in the relevant field involving the agency, organization, enterprise, individual or occurring within their management scope;

b) To explain actions with signs of crimes and administrative violations related to the environment, natural resources, and food safety.

2. Information, documents, and items provided by agencies, organizations, enterprises, and individuals must be managed, used, and processed according to the intended purpose and requirements for inspection; in case of loss, damage, or theft causing losses to agencies, organizations, enterprises, and individuals, compensation must be made and legal sanctions applied.

a) Director of the Environmental Police Department;

b) Provincial Public Security Director;

c) Head of the Environmental Police Department of the Provincial Public Security;

Article 7. Inspection of Compliance with Environmental, Natural Resources, and Food Safety Laws

a) When directly discovering signs of criminal offenses or administrative violations related to the environment, natural resources, and food safety;

b) When receiving reports or tips about criminal offenses or administrative violations related to the environment, natural resources, and food safety;

c) Requirements for handling complaints and denunciations in the prevention and combat against criminal offenses and administrative violations related to the environment, natural resources, and food safety.

a) Director of the Environmental Police Department;

b) Provincial Public Security Director;

c) Head of the Environmental Police Department of the Provincial Public Security;

3. The Minister of Public Security shall specify the procedures, formalities, and inspection powers.

Article 8. Inspection of Means, Objects, and Locations Related to Criminal Offenses and Administrative Violations Regarding the Environment, Natural Resources, and Food Safety

a) Director of the Environmental Police Department;

b) Provincial Public Security Director;

c) Head of the Environmental Police Department of the Provincial Public Security;

3. The Minister of Public Security shall specify the procedures, formalities, and inspection powers.

Article 9. Handling Administrative Violations Regarding the Environment, Natural Resources, and Food Safety

a) Director of the Environmental Police Department;

b) Provincial Public Security Director;

c) Head of the Environmental Police Department of the Provincial Public Security;

d) County-level Public Security Chief;

đ) Environmental Police Team Leader;

e) Environmental Police Officer.

Article 10. Delegation of Authority

2. Delegation of authority must be in writing, clearly defining the scope, content, and duration of delegation, which can be regular or case-by-case. The deputy authorized must bear responsibility for their decisions before the law and before the superior. The person delegated authority may not further delegate it to another person.

Article 11. Implementation of Environmental, Natural Resources, and Food Safety Testing and Appraisal Work

a) Seizing, preserving, and using evidence and samples related to the environment, natural resources, food, and other relevant samples.

For evidence and samples that need to be sealed, they must be sealed immediately after confiscation; sealing must be signed by the confiscating officer and the representative of the organization or individual whose evidence or samples are confiscated. In cases where the representative of the organization or individual whose evidence or samples are confiscated is absent, a record of absence must be made. Evidence and samples sealed in these two situations have equal legal validity. The testing and appraisal agency, upon receiving evidence and samples, must make a record confirming the condition of the seal. When opening the seal, representatives from the testing and appraisal agency and the sample/evidence confiscation agency must be present.

b) Conducting measurements, analyses, testing, appraisals, and environmental monitoring;

c) Evaluating the results of measurements, analyses, testing, appraisals, and environmental monitoring and drawing conclusions. The results of testing and appraisal are the basis for handling criminal offenses and administrative violations related to the environment, natural resources, and food safety.

2. The list and procedures for using technical equipment for environmental, natural resources, and food safety testing and appraisal shall be implemented in accordance with the regulations of the Government, the Ministry of Public Security, and relevant ministries and sectors.

Chapter III

COOPERATION IN PREVENTION AND COMBAT AGAINST CRIMINAL OFFENSES

AND VIOLATIONS OF ENVIRONMENTAL, NATURAL RESOURCES,

AAND FOOD SAFETY LAWS

Article 12. Principles of Coordination

1. Coordination is based on the functions, tasks, and authorities of agencies and forces as prescribed by law; it shall not obstruct lawful activities of participating entities, ensuring unified state management in each specialized field.

2. Ministries and sectors during their operations coordinate with each other to promptly resolve cases and support each other in performing their functions, tasks, and authorities as prescribed by law.

5. For administrative violations concerning the environment, natural resources, and food safety within the jurisdiction of multiple functional forces of ministries, sectors, and localities, the unit that discovers them first shall be responsible for accepting the case file and leading the administrative handling process.

Article 13. Contents of Coordination

1. Studying, drafting, and promulgating legal normative documents and other documents related to coordination work.

2. Exchanging information and materials on preventing and combating environmental crimes and illegal acts concerning the environment, natural resources, and food safety.

3. Receiving and resolving reports and accusations regarding environmental crimes and illegal acts concerning the environment, natural resources, and food safety.

4. Inspecting, detecting, and handling environmental crimes and illegal acts concerning the environment, natural resources, and food safety.

5. Testing, examining, analyzing, and monitoring to assist in verifying, detecting, and handling environmental crimes and administrative violations concerning the environment, natural resources, and food safety.

6. Mobilizing personnel and means to prevent and combat environmental crimes and illegal acts concerning the environment, natural resources, and food safety.

7. Remedying environmental incidents, protecting natural resources, and preventing and controlling environmental pollution.

8. Summarizing and concluding preventive and combat efforts against environmental crimes and illegal acts concerning the environment, natural resources, and food safety.

9. Propagating, disseminating, and educating the public about laws to protect the environment and prevent and combat environmental crimes and illegal acts concerning the environment, natural resources, and food safety.

11. International cooperation activities.

12. Other relevant coordination activities.

Article 14. Responsibilities for Coordination

1. Ministry of Public Security

c) Receiving and processing information on environmental crimes and administrative violations concerning the environment, natural resources, and food safety.

d) Exchanging necessary information and materials on investigation, detection, and handling of administrative violations concerning the environment, natural resources, and food safety with relevant ministries and sectors.

đ) Leading or participating in coordination activities as stipulated in Article 13 of this Decree.

Directing and guiding functional agencies and units to coordinate with the Environmental Police force in the following activities:

b) Inspecting, detecting, and handling administrative violations concerning the environment, natural resources, and food safety in marine areas, islands, continental shelves, and border regions within their jurisdiction. Pursuing violators of environmental laws and regulations when requested.

c) Transferring case files, materials, equipment, and items of environmental and natural resource law violations within the jurisdiction of the Environmental Police force to the Environmental Police force.

a) Exchanging necessary information and materials on national policies and legal normative documents related to environmental protection and natural resource activities; reporting situations and results of inspections, examinations, and administrative violation handling concerning the environment and natural resources.

b) Inspecting, detecting, and handling administrative violations concerning environmental protection and natural resources in activities of surveying, exploring, exploiting, processing, using mineral resources, land resources, water resources, marine and island resources, and biodiversity.

c) Transferring case files, materials, equipment, and items of environmental and natural resource law violations within the jurisdiction of the Environmental Police force to the Environmental Police force.

d) Guiding and supporting professional and technical work in environmental and natural resource fields; analyzing, monitoring, testing, and examining the environment and natural resources; applying environmental standards to determine environmental law violations; implementing research projects, training programs, and other state management activities in environmental protection and natural resource conservation.

Direct and guide competent agencies to cooperate with environmental police forces in the following activities:

a) Exchange information and necessary documents on state policies related to food safety; notify situations of violations of laws on food safety and results of inspections, examinations, and handling of violations of laws on food safety, and related health activities concerning the environment;

b) Inspect, detect, and handle administrative violations regarding the environment in the healthcare sector, and food safety in production, business, transportation of foodstuffs; medicines for treatment and prevention; functional foods;

c) Hand over to environmental police forces case files, documents, equipment, and items from cases involving violations of laws on the environment in the healthcare and food safety sectors within their jurisdiction;

d) Train, instruct, guide, and support environmental police forces in specialized work in the healthcare and food safety sectors; analyze, test, and appraise food safety; application of standards and technical regulations on food safety;

Direct and guide competent agencies to cooperate with environmental police forces in the following activities:

a) Exchange information and necessary documents on policies in state management work; notify situations and results of inspections, examinations, and handling of violations of laws on the environment, natural resources, and food safety in the fields of agriculture, forestry, fisheries, and rural development;

b) Inspect, detect, and handle administrative violations regarding the environment, natural resources, and food safety in production, business, use of chemicals, plant protection products, environmental remediation products, fertilizers, agricultural waste; veterinary field, livestock breeds, animal feed, slaughtering and processing of livestock products; forest protection and development field; aquaculture, fishing, and seafood processing field; nature conservation activities;

c) Guide and support environmental police forces in specialized work in the fields of agriculture, forestry, and fisheries to detect and handle crimes and administrative violations regarding the environment, natural resources, and food safety;

Direct and guide competent agencies to cooperate with environmental police forces in the following activities:

a) Exchange information and necessary documents on policies in state management work in industry and trade;

b) Inspect, detect, and handle crimes and administrative violations regarding the environment, natural resources, and food safety in the fields of machinery, metallurgy, electricity, renewable energy, oil and gas, chemicals, industrial materials, mining and mineral processing industries, food processing industries, export, import, and other areas under the Ministry of Industry and Trade's jurisdiction;

c) Guide and support environmental police forces in specialized work in the fields of industry and trade to detect and handle crimes and administrative violations regarding the environment, natural resources, and food safety;

Direct and guide competent agencies to cooperate with environmental police forces in the following activities:

a) Inspect, detect, prevent, and handle administrative violations regarding the environment, natural resources, and food safety in export and import activities; smuggling and illegal transportation of goods across borders according to customs management functions;

b) Hand over case files, documents, equipment, and items from cases involving violations of laws on the environment, natural resources, and food safety within the jurisdiction of environmental police forces;

c) Guide and support environmental police forces in specialized work in the customs field;

d) Coordinate with the Ministry of Public Security to ensure funding for the operations of environmental police forces according to Article 18 of this Decree;

Direct and guide competent agencies to cooperate with environmental police forces in the following activities:

a) Guide and exchange information and experience on managing and using measuring instruments, analytical, and testing equipment to serve calibration and appraisal work on the environment, natural resources, food safety, radiation, and nuclear safety;

b) Organize the implementation of calibration and verification of measuring instruments used in environmental calibration work; advise, evaluate, and recognize the conformity of environmental calibration and appraisal units within environmental police forces with national and international standards that Vietnam participates in regarding laboratory quality management;

c) Take the lead and coordinate to inspect compliance with legal provisions on measurement, electric fields, magnetic fields, radiation, and nuclear safety;

d) Organize seminars, conferences, training, and education on the application of technical standards, national and international standards on measurement and quality in the fields of the environment and natural resources, food safety;

9. Responsibilities of Ministries, agencies at the level of ministries, and government agencies

a) Guide and inspect subordinate units under their management to implement provisions of this Decree;

10. Responsibilities of Provincial People's Committees and Municipal People's Committees directly under the Central Government

a) Guide departments, agencies, and subordinate units to study and implement provisions of this Decree within their functions and tasks;

b) Coordinate with competent state authorities to implement and urge the implementation of policies, guidelines, strategies, and plans to prevent and combat crimes and administrative violations regarding the environment, natural resources, and food safety;

d) Allocate local budgets for crime prevention and control activities related to environmental protection, natural resources, and food safety in accordance with the current State Budget Law.

ENSURING OPERATIONS AND REGULATIONS, POLICIES

FOR ENVIRONMENTAL POLICE

Article 15. Training and recruitment of human resources

3. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, and relevant agencies to specify regulations on training and procedures for recruiting graduates; selecting and sending officers and non-commissioned officers to training institutions.

Article 17. Subsidies

1. Operating funds for Environmental Police:

b) Annual funding for environmental protection programs; donations and contributions from agencies, organizations, individuals, and other legitimate sources of funding;

Chapter V

IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Decree takes effect from December 5, 2015. Decree No. 72/2010/NĐ-CP dated August 7, 2010, concerning the prevention and struggle against environmental crimes and other violations of law shall cease to be effective from the date this Decree takes effect.

Article 20. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial-level People's Committees directly under the Central Government, and relevant agencies are responsible for implementing this Decree./.