Circular No. 18/2009/TT-BCA(C11) on the collection, preservation, and transportation of environmental samples to serve the work of combating violations of environmental protection laws by the People's Police force

CIRCULAR

Regulations on the collection, preservation, and transportation of environmental samples for the purpose of serving the work of combating violations of laws on environmental protection

by the People's Public Security Forces

force of the People's Police

Pursuant to the Law on Environmental Protection dated November 29, 2005;

Pursuant to Decree No. 136/2003/NĐ-CP dated November 14, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Ministry of Public Security hereby regulates the collection, preservation, and transportation of environmental samples for the purpose of serving the work of combating violations of laws on environmental protection by the People's Public Security Forces as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Scope of Regulation and Applicability

a) This Circular stipulates the procedures and formalities for collecting, preserving, and transporting environmental samples collected to serve the work of combating violations of laws on environmental protection.

b) This Circular applies to officers and non-commissioned officers of the People's Public Security Forces (hereinafter referred to as cadres) performing tasks to combat violations of laws on environmental protection and related organizations and individuals.

2. Explanation of terms

In this Circular, the following terms are understood as follows:

a) Environmental sample refers to samples in the form of gas, liquid, solid, animals, plants... belonging to the components of the environment that need to be collected at the scene for analysis according to current regulations and standards.

b) Location for collecting environmental samples is a place, area, production facility, enterprise, or a defined area within a region from which one or more different environmental samples must be collected.

c) Collection point of environmental samples is a specific location determined within the location for collecting environmental samples.

3. Principles for Collecting, Preserving, and Transporting Environmental Samples

a) The collection of environmental samples (hereinafter referred to as samples) must be timely, objective, ensuring representativeness and legality as prescribed by law.

b) Collected samples must be preserved and transported safely, preventing loss and damage; ensuring that the nature and composition of the samples are not altered.

c) The collection, preservation, and transportation of samples shall be carried out in accordance with Vietnamese technical standards, international standards recognized by Vietnam, or guidelines provided by specialized environmental agencies.

II. SPECIFIC PROVISIONS

1. Basic information to be collected before initiating the collection of samples

a) Location for collecting samples;

b) Field of operation and production of the production facility or enterprise where samples need to be collected;

c) Types or kinds of emissions during operations and production; emission locations;

d) Measures to reduce environmental pollution that have been applied (if any);

đ) Other relevant information regarding the degree of pollution and pollution sources at the location where samples need to be collected;

e) Information about the compliance with environmental protection laws by the subject.

2. Planning for the Collection, Preservation, and Transportation of Samples

Based on reports or accusations from agencies, organizations, or individuals regarding environmental pollution conditions or through inspection, audit, surveillance, investigation activities, public security units and localities with the function and task of combating violations of laws on environmental protection shall develop plans for collecting, preserving, and transporting samples. The plan must be consistent with the overall plan for inspection, audit, surveillance, and investigation to combat violations of laws on environmental protection and must be approved by the Head of the County Public Security Office, Director or Deputy Director of the Provincial Public Security Office, Head of the Provincial Environmental Police Department, Director or Deputy Director of the Environmental Police Bureau, Head of the Environmental Police Service under the Bureau, Director or Deputy Director of the General Police Department. The plan includes the following basic contents:

a) Objectives and requirements;

b) Components of the environment that require sample collection;

c) List of parameters to be tested according to the environmental component (parameters measured on-site, parameters analyzed in the laboratory);

d) Sample collection plan, including the number of collection points, quantity of samples to be collected, sampling method, time of sampling;

đ) Volume or weight of various types of samples to be collected; type of sample container; preservation methods, preservative chemicals; transportation methods to the laboratory;

e) Anticipated conditions for sample collection to prepare safety equipment and devices for personnel and sample collection equipment (when collecting samples from deep pits, areas with toxic gases, hazardous waste, radioactive materials);

g) Human resources (establishing a team or group for sample collection); assigning specific tasks to each cadre responsible for sample collection;

h) Anticipated scenarios and resolution plans;

i) Coordinating forces and assignment of responsibilities;

k) Supporting equipment for sample collection, preservation, and transportation (cameras, satellite positioning devices, transportation means, communication devices...);

l) Financial resources for sample collection, preservation, and transportation activities; financial resources for sample analysis according to selected criteria.

3. Equipment and Means Used for Sample Collection, Preservation, and Transportation

Before collecting samples, detailed planning must be made, necessary equipment and means must be prepared to serve the collection, preservation, and transportation of samples in accordance with the approved plan; at the same time, the operation, quality, and safety of the equipment and means must be checked, including:

a) Sampling tools;

b) Sample containers;

c) Tools for preserving samples for transportation;

d) Initial sample processing tools and chemicals (filtering tools, preservatives...);

đ) Labeling and sealing materials; sample collection record forms and sealing forms;

e) Blank samples (if needed);

g) Safety equipment;

h) Transportation means and other items.

4. Conducting Sample Collection, Preservation, and Transportation

a) Implementation of sample collection

- Upon arriving at the sampling location, the officer in charge of sample collection must assess and determine the sampling point, arrange personnel, sampling equipment, preservation equipment, protective gear, transportation means, and other necessary conditions suitable for the actual situation. In cases where the sampling location has complex emission sources, a discharge system diagram must be prepared to determine the appropriate number of sampling points, followed by the creation of a sampling location diagram, signed by representatives of the entity from which samples are being collected and witnesses.

- Install and recheck technical equipment for sample collection, preservation, and transportation; prepare protective equipment and other necessary conditions.

- Proceed with sample collection:

+ Use appropriate sampling equipment for each type of sample as prescribed.

+ Use designated sample containers for each type of sample as prescribed. The quantity of samples to be collected and initial handling measures shall be carried out according to regulations or guidelines in Vietnamese or internationally recognized standards applicable to each type of sample.

- Take photographs or record video illustrations of the sampling point and the sampling activity.

- Prepare and seal the Sampling Record. The contents of the record include:

+ Sampling location.

+ Sampling point (determine coordinates; points that cannot be determined by coordinates need to be described in detail using reference objects for positioning).

+ Participants and witnesses to the sampling activity.

+ Type of sample and code.

+ Time of sample collection (hour, minute, day, month, year).

+ Sampling method.

+ Weather conditions.

+ Handling, preservation, and sealing of samples.

The Sampling Record and sealed samples must bear the signatures of the record preparer, representative of the entity from which samples are being collected, or witnesses.

The sampling, record preparation, and sealing activities must have the presence of a representative of the entity from which samples are being collected. If there is no representative present or if they do not cooperate, another witness must sign the record.

b) Sample Preservation

Preserve samples appropriately according to Vietnamese or internationally recognized standards for each type of sample, except as directed by the laboratory. Sample preservation must be carried out immediately upon collection, during transportation, and in the laboratory, including after analysis results are obtained for samples that need to be retained for comparison.

After placing the sample in the container and sealing it, the sample must be stored in a dark and cool place, unless the laboratory provides specific instructions or retention methods are specified.

c) Sample Transportation

After collecting the samples, they must be transported quickly to the analysis site; the maximum transportation time for each type of sample is as stipulated by the corresponding preservation standards. Before transportation, all samples listed in the sampling record must be thoroughly checked. During transportation, conditions for preserving the samples must be ensured, and measures to prevent substitution, theft, or destruction of samples must be applied.

5. Completion of Sample Collection, Preservation, and Transportation

a) Collected samples must be fully handed over to the analysis department. The handover of samples must be documented, specifying information about codes, types, quantities, sampling time, preservation, and sealing conditions of the samples; the record must bear the signatures of both the giver and the receiver.

b) Documents related to sample collection, preservation, transportation, and analysis must be kept in the file and managed according to the file management regulations of the Ministry of Public Security.

c) Prepare a report on the results of the sample collection activities.

III. IMPLEMENTATION

1. The General Police Department is responsible for directing, inspecting, and guiding the implementation of this Circular.

2. This Circular takes effect 45 days from the date of signature.

Chiefs of all Directorates, heads of units directly under the Minister, Directors of Public Security Departments of provinces and centrally governed cities, and Directors of Fire Prevention and Fighting Departments of Ho Chi Minh City are responsible for organizing the implementation of this Circular.

During the implementation of this Circular, if difficulties or obstacles arise, local public security agencies should report to the Ministry (through the General Police Department) for timely guidance.