Circular No. 1485/MTg guides the organization, powers, and scope of activities of Environmental Inspectors.

CIRCULAR

OF THE MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT NUMBER 1485/MTG DATE DECEMBER 12, 1994 GUIDING THE ORGANIZATION, POWERS, AND SCOPE OF ACTIVITY OF ENVIRONMENTAL INSPECTION

12 YEAR 1994 GUIDELINES ON THE ORGANIZATION, POWERS, AND SCOPE OF ACTIVITY OF

ENVIRONMENTAL INSPECTION

To effectively implement Decree No. 175/CP dated October 18, 1994 of the Government guiding the implementation of the Law on Environmental Protection, gradually organizing and operating State Inspection for environmental protection, contributing positively to enhancing the effectiveness of state management in the field of environmental protection.

Based on the Law on Environmental Protection, the Ordinance on Inspection, the Ordinance on Administrative Sanctions, Decision No. 244/HĐBT dated June 30, 1990 of the Council of Ministers (now the Government), Article 37, Article 38 of Decree No. 175/CP of the Government, after the General Inspectorate of the State has agreed with the opinion in Circular No. 1298/TTNN-TCCB of the Ministry of Science, Technology and Environment guiding and stipulating the organization, powers, and scope of activity of State Inspection for environmental protection as follows:

I. ORGANIZATION OF STATE INSPECTION FOR ENVIRONMENTAL PROTECTION

State Inspection for environmental protection is organized at two levels: central and local.

The Inspection Department of the Environment assists the State Inspectorate of the Ministry of Science, Technology and Environment in performing the function of State Inspection for environmental protection throughout the country.

The Inspection Department of Science, Technology and Environment of provinces and centrally-administered cities is organized according to Article 19 of the Ordinance on Inspection and Article 4 of Decision No. 244/HĐBT dated June 30, 1990 of the Council of Ministers (now the Government) to perform the function of State Inspection for environmental protection within the scope of state management over the environment by provincial People's Committees and centrally-administered city People's Committees.

1.1. Organization of the Inspection Department of the Environment:

1.1.1. The Minister of Science, Technology and Environment issues a decision to establish the Inspection Department of the Environment.

1.1.2. The Inspection Department of the Environment consists of: Chief Inspector of the Environment, Deputy Chief Inspectors of the Environment, Inspectors, and cooperating inspectors for environmental protection.

1.1.3. The Chief Inspector of the Environment is proposed by the Director of the Environment Department, reported by the Chief Inspector of the Ministry of Science, Technology and Environment to the Minister of Science, Technology and Environment for appointment and dismissal.

The Chief Inspector of the Environment is directly responsible to the Director of the Environment Department and is responsible to the Chief Inspector of the Ministry of Science, Technology and Environment for all inspection work related to environmental protection.

Deputy Chief Inspectors of the Environment assist the Chief Inspector of the Environment in their respective areas of responsibility as assigned.

Deputy Chief Inspectors of the Environment are proposed by the Chief Inspector and appointed or dismissed by the Director of the Environment Department.

1.1.4. Inspectors of the Environment Department are technical specialists belonging to the Inspection Department of the Environment, assigned tasks related to environmental protection by the Chief Inspector or Deputy Chief Inspectors of the Environment.

1.1.5. Cooperating Inspectors of the Environment Department: The Inspection Department of the Environment may utilize cooperating inspectors in State Inspection for environmental protection according to Article 25 of the Ordinance on Inspection, Article 11 of Decision No. 244/HĐBT, and Article 2 of Decision No. 191/HĐBT of the Council of Ministers.

Cooperating Inspectors of the Environment Department are experts capable of meeting specific requirements for each inspection content.

Cooperating Inspectors are proposed by the Director of the Environment Department or the Chief Inspector of the Environment Department and decided by the Minister of Science, Technology and Environment for temporary assignment.

1.2. Organization of the Inspection Department of Science, Technology and Environment includes:

The Chief Inspector of the Science, Technology and Environment Department is proposed by the Director of the Department, reported by the Chief Inspector of the Province to the Chairman of the Provincial People's Committee for appointment and dismissal.

Deputy Chief Inspectors of the Department are proposed by the Chief Inspector of the Department and appointed or dismissed by the Director of the Department.

Inspectors of the Science, Technology and Environment Department carry out tasks assigned by the Chief Inspector or Deputy Chief Inspectors of the Department.

Cooperating Inspectors of the Science, Technology and Environment Department are proposed by the Chief Inspector of the Department and decided by the Director of the Department for temporary assignment.

1.3. The Inspection Department of the Environment and the Inspection Department of Science, Technology and Environment may use separate seals according to the provisions of Decision No. 244/HĐBT.

1.4. Working relationship between the State Inspectorate of Science, Technology and Environment, the Inspection Department of the Environment, and the Inspection Department of Science, Technology and Environment.

1.4.1. The State Inspectorate of Science, Technology and Environment is responsible for directing organizational and operational inspection work for subordinate agencies and units, while guiding, training, supplementing skills, and proposing a general inspection plan on science, technology, and environment for the Inspection Department of the Environment and the Inspection Departments of Science, Technology and Environment.

1.4.2. The Inspection Department of the Environment guides inspection work on environmental protection for the Inspection Departments of Science, Technology and Environment.

1.4.3. The Inspection Department of the Environment and the Inspection Departments of Science, Technology and Environment are responsible for periodically or urgently reporting the results of inspection work on environmental protection to the State Inspectorate of Science, Technology and Environment.

The Inspection Department of Science, Technology and Environment reports the results of its work to the Chief Inspector of the Province.

II. TASKS AND POWERS OF THE ORGANIZATION OF STATE INSPECTION FOR ENVIRONMENTAL PROTECTION

2.1. The organization of State Inspection for environmental protection has tasks and powers prescribed in Article 8, Article 9 of the Ordinance on Inspection, Article 40 of the Law on Environmental Protection, and Article 37 of Decree No. 175/CP dated October 18, 1994 of the Government.

2.2. Inspectors for environmental protection have tasks and powers prescribed in Point 3 of Article 24 of the Ordinance on Inspection and Article 41 of the Law on Environmental Protection.

2.3. In addition to the powers specified in Section 2.2., when performing official duties, environmental protection inspectors have the right to impose fines and apply other administrative measures as prescribed in Articles 11 and 12 of the Ordinance on Administrative Sanctions.

The basis for applying penalties and other administrative measures is: "Regulations on Administrative Sanctions for Violations of Environmental Protection".

2.4. Standards for Environmental Inspectors: The appointment and removal of Inspectors must ensure the conditions and standards stipulated in Article 24 of the Inspection Ordinance and Decree 191/HĐBT dated June 18, 1991 of the Council of Ministers (now the Government).

III. OBJECTS, CONTENTS AND SCOPE OF INSPECTION

3.1. The Environmental Inspectorate of the Environmental Department shall exercise its inspection authority on environmental protection throughout the country with the following contents and objects:

3.1.1. Inspect the implementation of regulations on environmental protection by ministries, sectors, and the performance of state management functions on environmental protection by provincial and municipal people's committees directly under the central government.

3.1.2. Inspect compliance with provisions of the Law on Environmental Protection (standards, regulations on prevention, control, and remediation of environmental degradation and incidents while using and exploiting environmental components by organizations and individuals throughout the country); inspect cases and incidents violating laws on environmental protection involving multiple ministries, sectors, provinces, cities, organizations, and foreign individuals operating within Vietnam.

3.1.3. Coordinate with relevant central specialized inspection organizations to inspect compliance with related legal provisions on environmental protection.

3.1.4. Identify and prepare reports on environmental incidents, pollution, and degradation occurring within the scope involving multiple provinces and cities for submission by the Director of the Environmental Department to the Minister of Science, Technology, and Environment for consideration and decision.

3.1.5. Assist the Director of the Environmental Department in resolving complaints and denunciations regarding violations of environmental protection laws and environmental disputes within the Director’s jurisdiction.

3.1.6. Coordinate with the Ministry of Science, Technology, and Environment’s Inspectorate to assist the Minister of Science, Technology, and Environment in resolving complaints and denunciations regarding violations of environmental protection laws and environmental disputes within the Minister’s jurisdiction.

3.1.7. Provide guidance on inspection business and expertise on environmental protection to inspectors of relevant ministries, sectors, and Provincial Departments of Science, Technology, and Environment.

3.2. The Inspectorate of the Department of Science, Technology, and Environment shall exercise its inspection authority on environmental protection within the locality with the following contents and objects:

3.2.1. Inspect the implementation of regulations on environmental protection by departments and the performance of state management functions on environmental protection by district, county, town, and commune people's committees.

3.2.2. Inspect compliance with regulations, standards on prevention, control, and remediation of environmental degradation and pollution, and environmental incidents when using and exploiting environmental components by organizations and individuals within the locality according to the classification by the Environmental Department.

3.2.3. Coordinate with relevant local departmental inspection organizations to inspect compliance with related legal provisions on environmental protection within the locality.

3.2.4. Identify and prepare reports on environmental incidents, pollution, and degradation occurring within the locality for submission by the Director of the Department of Science, Technology, and Environment to the Chairman of the People's Committee of the province or city for consideration and decision.

3.2.5. Assist the Director of the Department of Science, Technology, and Environment in resolving complaints and denunciations regarding violations of environmental protection laws and environmental disputes within the Director’s jurisdiction, or those delegated by the Director of the Environmental Department to resolve.

3.2.6. Coordinate with the Environmental Department’s Inspectorate during the environmental protection inspection process at the local level.

3.3. Authority to issue inspection decisions on environmental protection.

3.3.1. The Director, Chief Inspector of the Environmental Department, Director, and Chief Inspector of the Department of Science, Technology, and Environment have the authority to issue inspection decisions on environmental protection according to the classification by the Minister of Science, Technology, and Environment.

3.3.2. Inspection decisions on environmental protection must clearly specify the content, duration, method of inspection, and be carried out by the inspection team or inspector.

3.3.3. The Minister of Science, Technology, and Environment shall prescribe the frequency and content of periodic inspections for each type of production and business facility in science, technology, health, culture, society, and national defense security.

IV. FORMS, METHODS AND PROCEDURES FOR INSPECTION

4.1. Forms of inspection: Environmental protection inspections may be conducted on one or more items (comprehensive, thematic, or case-specific inspections) in the following forms:

- Periodic inspection.

- Spot inspection.

- Inspection to verify or re-inspect compliance with recommendations and decisions recorded in the inspection report.

4.2. Methods of inspection: The inspection team or inspector may apply one or more of the following methods:

- The inspected object reports in writing.

- Questioning between the inspection team or inspector and the inspected object.

- Requesting a description or demonstration of work performed.

- Collecting files, physical evidence, and related information, examining testing samples to clarify the matter.

- Directly inspecting at the inspected facilities.

- Recording audio, taking photos, or filming the current environmental status if deemed necessary.

4.3. Inspection procedures:

4.3.1. When performing their duties, the inspection team or inspector must strictly adhere to the procedures for inspection stipulated in Chapter IV of the Inspection Ordinance.

4.3.2. Upon completion of the inspection, the inspection team or inspector must prepare a conclusion record, read the conclusion record to the inspected object, with witnesses present, and obtain signatures from all parties involved in the inspection.

The inspection record is prepared in four copies.

- One copy retained by the inspected object.

- One copy kept in the inspection file.

- One copy submitted to the Chief Inspector of the Department or Provincial Department.

- One copy sent to the head of the managing agency or agency issuing the operation permit of the inspected object.

4.4. Complaints and resolution of complaints.

4.4.1. In case there is disagreement with the recommendations, conclusions, and measures for handling issued by the environmental inspection during the inspection at their premises, within ten days from the date of receipt of the document, the inspected subject has the right to appeal to the higher state management authority on environmental protection that issued the document.

Within fifteen days from the date of receiving the appeal, the agency must examine and issue a decision to resolve it. This decision shall take effect upon issuance.

While awaiting the competent authority's resolution, the inspected subject must still comply with the recommendations, decisions, and measures for handling issued by the environmental inspection.

4.4.2. Appeals and the resolution of appeals regarding administrative penalty decisions concerning environmental protection shall be carried out in accordance with the provisions of the Ordinance on Administrative Penalties.

4.4.3. Appeals, complaints, and the resolution of appeals and complaints regarding violations of laws on environmental protection shall be carried out in accordance with the provisions of the Ordinance on Appeals and Complaints of Citizens.

4.4.4. The Minister of Science, Technology, and Environment shall review and issue a decision on appeals against the resolution of appeals and complaints regarding violations of laws on environmental protection by the Director of the Environmental Protection Department, but if the party continues to appeal, new circumstances are discovered, or the resolution shows signs of violating the law.

4.4.5. The Chairman of the People's Committee of the province or city shall review and issue a decision on appeals against the resolution of appeals and complaints regarding violations of laws on environmental protection by the Director of the Department of Science, Technology, and Environment, but if the party continues to appeal, new circumstances are discovered, or the resolution shows signs of violating the law.

V. IMPLEMENTATION PROVISIONS

5.1. Based on this Circular, the Inspector General of the Ministry of Science, Technology, and Environment, the Director of the Environmental Protection Department, and the Inspectors General of the provinces and cities shall implement the establishment and improvement of environmental protection inspection organizations at the Environmental Protection Department and the Departments of Science, Technology, and Environment; ensuring necessary conditions for these environmental protection inspection organizations to fulfill their tasks.

5.2. The Inspector General of the Ministry of Science, Technology, and Environment, and the Inspector General of the Environmental Protection Department shall study programs and organize training sessions on environmental protection inspection business.

5.3. This Circular shall take effect from the date of issuance. All regulations on environmental protection inspections contrary to this Circular shall be abolished.

Any issues encountered during implementation should be reported to the Ministry of Science, Technology, and Environment for supplementation and amendment./.