Circular No. 19/2014/TT-BTNMT stipulates standards and identification cards for specialized environmental inspection civil servants, applicable to agencies assigned to perform specialized environmental inspection functions.

CIRCULAR

Regulations on Standards and Inspection Officer Cards for Environmental and Natural Resources Inspectors

in the natural resources and environment sector

Based on the Inspection Law dated November 15, 2010;

Pursuant to Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Inspector General of the Ministry and the Director of the Legal Department;

The Minister of Natural Resources and Environment promulgates this Circular stipulating standards and inspection officer cards for environmental and natural resources inspectors.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates standards and inspection officer cards for persons assigned to perform specialized environmental and natural resources inspection tasks.

Article 2. Applicability

This Circular applies to agencies assigned to perform specialized environmental and natural resources inspection functions, persons assigned to perform specialized environmental and natural resources inspection tasks; relevant agencies, organizations, and individuals.

CHAPTER II

PERSONS ASSIGNED TO PERFORM SPECIALIZED ENVIRONMENTAL AND NATURAL RESOURCES INSPECTION TASKS

INDUSTRY OF NATURAL RESOURCES AND ENVIRONMENT

Article 3. Standards for Persons Assigned to Perform Specialized Environmental and Natural Resources Inspection Tasks

1. Persons assigned to perform specialized environmental and natural resources inspection tasks (hereinafter referred to as specialized inspection officers) are civil servants within the establishment of units assigned to perform specialized environmental and natural resources inspection functions, including: the General Department of Land Administration, the General Department of Environment, and the General Department of Geology and Mineral Resources of Vietnam.

2. Specialized inspection officers must meet all conditions prescribed in Clause 1, Article 12 of Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government stipulating agencies assigned to perform specialized inspection functions and specialized inspection activities, and the following specific conditions and standards:

a) Proficient in regulations related to professional and technical matters, management rules concerning the fields under the jurisdiction of the General Department where they work;

b) Hold a bachelor's degree or higher in a relevant field corresponding to the specialized inspection tasks assigned;

c) Possess a certificate or training course in specialized inspection.

Article 4. Decision Assigning Civil Servants to Perform Specialized Inspection Tasks

1. Based on the proposal of the advisory unit on specialized inspection work, the General Department Heads of the General Departments of Land Administration, Environment, and Geology and Mineral Resources of Vietnam shall decide to assign civil servants under their management to perform specialized inspection tasks.

2. The dossier for proposing the assignment of specialized inspection tasks to civil servants includes:

- A proposal letter from the advisory unit sent to the General Department Head;

- A resume of the civil servant according to the current model prescribed by the State;

- Copies of the bachelor's degree diploma, certificate, or training course in specialized inspection.

3. Within seven working days from the date of receiving a complete and valid dossier reviewed and submitted by the advisory unit, the General Department Heads of the General Departments of Land Administration, Environment, and Geology and Mineral Resources of Vietnam shall issue a decision assigning civil servants to perform specialized inspection tasks.

4. The term for assigning civil servants to perform specialized inspection tasks shall not exceed five years from the effective date of the Decision.

Chapter III

SAMPLE OF THE CARD AND MANAGEMENT AND USE OF THE SPECIALIZED ENVIRONMENTAL AND NATURAL RESOURCES INSPECTION OFFICER CARD

Article 5. Specialized Environmental Inspection Official Card

1. The specialized environmental inspection official card (hereinafter referred to as the specialized inspection official card) shall be issued to officials for use when performing inspection duties and powers as prescribed by law.

2. The specialized inspection official card is rectangular, measuring 61 mm wide and 87 mm long, consisting of a card base and a protective film. The content on the card is presented in the Vietnamese Unicode font according to Vietnam Standard TCVN 6909:2001.

3. The base of the specialized inspection official card has two sides:

a) Front side (as shown in the Appendix attached hereto), with a dark blue background, yellow capital letters, including two lines:

The top line records the name of the issuing agency: “MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT”, in bold uppercase font, size 13;

Between the two lines is the National Emblem, diameter 45 mm, gold color. ‘‘SPECIALIZED INSPECTION OFFICIAL CARD FOR NATURAL RESOURCES AND ENVIRONMENT”, in bold uppercase font, size 10.

Between the two lines is the symbol of the natural resources and environment sector, with a diameter of 24 mm.

b) Back side (as shown in the Appendix attached hereto), with a light yellow floral pattern forming rays emanating from the center outward; at the center is the symbol of the Vietnamese Inspectorate, in faint print, with a diameter of 20 mm; in the upper left corner is the symbol of the Vietnamese Inspectorate with a diameter of 14 mm; from the upper left corner to the lower right corner is a diagonal red line, 6 mm wide.

The back side contains the following information:

- National Emblem: the first line in bold uppercase letters; the second line in bold regular font, size 8, underlined;

- Specialized Environmental Inspection Official Card: in bold red uppercase letters, size 10.

- Official Card Number: in bold uppercase black letters, size 10. The official card number is encoded to indicate the sector, field, and unit where the official works.

- Name of the official receiving the card: in bold regular black letters, size 10;

- Position of the official receiving the card: in bold regular black letters, size 10;

- Name of the working agency of the official receiving the card: in bold uppercase black letters, size 10;

- Place name, date of issuance: in regular black letters, italicized, size 10.

- Signature, name of the person issuing the card: in bold uppercase black letters, size 10;

- Seal of the Ministry of Natural Resources and Environment (diameter 18 mm);

- Color portrait photograph of the official receiving the card, size 20 mm x 30 mm, located in the lower left corner of the card, with one quarter of the raised seal of the Ministry of Natural Resources and Environment stamped in the lower right corner of the photograph;

- Validity period: in regular letters, size 8 below the photograph.

4. The protective film of the specialized inspection official card is a plastic film protecting the outside of the card base, printed with one quarter of a red circle seal containing the continuous repeated text "Ministry of Natural Resources and Environment" (abbreviated as "MNRE") in the lower left corner of the back side of the card base.

5. Conditions for issuing the card: Officials who meet the criteria set forth in Article 3 of this Circular and are assigned specialized inspection tasks as provided in Article 4 of this Circular shall be issued a specialized inspection official card.

6. The maximum validity period of the specialized inspection official card is five years from the date of issuance.

Article 6. Specialized Environmental Inspection Official Card Number

1. When officials are assigned specialized inspection tasks, they will be issued a specialized inspection official card number (referred to as card number); the card number consists of two parts:

a) The first part is the code of the Ministry of Natural Resources and Environment (A32) and the abbreviated name (in uppercase letters) of the unit assigned the specialized environmental inspection task, specifically:

- Department of Land Management, abbreviated as A32-DLM,

- Department of Environment, abbreviated as A32-DE,

- General Department of Geology and Mineral Resources, abbreviated as A32-GDGMVR.

b) The second part is the sequential number of the officials assigned specialized inspection tasks within each department, starting from number 001.

2. When officials are transferred or rotated to another agency or unit within the Ministry of Natural Resources and Environment to perform specialized inspection functions, they will be issued a new card number.

Article 7. Issuance of Inspection Officer Cards for Specialized Environmental and Natural Resources Inspections

1. The Inspection Officer Card for specialized inspections shall be issued by the Inspector General of the Ministry.

2. Forms of issuance of the Inspection Officer Card for specialized inspections include:

a) New issuance: when an officer is assigned the task of specialized environmental and natural resources inspection by an authorized agency.

b) Reissuance: an officer whose card has been lost due to objective reasons may be considered for reissuance; however, reissuance will not be granted if the loss is due to misuse, lending to others, or losing the card more than once during its validity period.

c) Replacement of cards in the following cases:

- The currently used card is damaged;

- Changes in card code or workplace name; changes in surname, given name, or other reasons necessitating changes to the cardholder's information;

- A new model of the Inspection Officer Card for specialized inspections replaces the old model.

2. Documents for issuance and replacement of the Inspection Officer Card for specialized inspections

a) Documents for new issuance and replacement include:

- A request letter for new issuance or replacement from the Director-General of the Department responsible for specialized inspection functions;

- A list of officers with reasons for new issuance or replacement;

- The decision of the Director-General assigning officers to perform specialized inspection tasks;

- Two color passport-sized photographs, 20 mm x 30 mm;

- The old card that has been corner-cut for replacement cases.

b) Documents for reissuance of the card include:

- An explanation letter from the officer regarding the loss of the card and a request for reissuance, confirmed and proposed by the head of the unit directly managing the officer;

- A request letter for reissuance from the Director-General of the Department responsible for specialized inspection functions;

- A list of officers with reasons for reissuance;

- Two color passport-sized photographs, 20 mm x 30 mm.

Article 8. Revocation of Inspection Officer Cards for Specialized Environmental and Natural Resources Inspections

1. The Inspector General of the Ministry has the authority to revoke Inspection Officer Cards for specialized inspections that have been issued.

2. Cases for revocation of Inspection Officer Cards for specialized inspections:

- The officer has passed away, gone missing while on duty, retired, resigned, or transferred;

- The officer is no longer assigned the task of specialized inspection;

- Cases for card replacement as stipulated at point c Clause 1 Article 7 of this Circular.

3. Documents for revocation of the card include: A request letter for revocation from the Director-General of the Department responsible for specialized inspection functions, accompanied by documents showing the officer's death, disappearance while on duty, retirement, resignation, transfer, or non-continuation of the specialized inspection task assignment.

Article 9. Procedures and Formalities for Issuance and Revocation of Inspection Officer Cards for Specialized Environmental and Natural Resources Inspections

1. Departments responsible for specialized inspection functions shall prepare documents for new issuance, reissuance, replacement, and revocation of Inspection Officer Cards for officers assigned specialized inspection tasks according to Articles 7 and 8 of this Circular and submit them to the Ministry Inspectorate.

2. The Ministry Inspectorate is responsible for reviewing the documents for new issuance, reissuance, replacement, and revocation of Inspection Officer Cards submitted by the Departments, and presenting them to the Inspector General of the Ministry for consideration and decision.

Article 10. Management of specialized inspection officials' cards for natural resources and environment

1. The Ministry's Inspectorate:

a) Is the agency responsible for issuing, using, and recalling specialized inspection officials' cards; directly managing card blanks, managing issuance files, maintaining records of new issuances, reissuances, and replacements according to regulations.

b) Accepting recalled cards, cutting corners on recalled cards, damaged cards that are no longer usable. Damaged cards or those with cut corners must be kept in the issuance file.

c) Monitoring, inspecting, supervising the issuance, distribution, use, management, and recall of cards, and guiding the handling of any incidents if they occur.

2. Departments assigned to perform specialized inspection functions:

a) Directly issuing and managing cards for officials assigned to carry out specialized inspection tasks within their authority.

b) Monitoring and inspecting the use of cards by officials under their management; when detecting lending or misuse of cards, clarifying the extent of the violation, reporting to the Inspector General of the Ministry for consideration and handling according to regulations.

c) Recalling and submitting cards for replacement or recall as specified in Articles 7 and 8 of this Circular to the Inspectorate of the Ministry.

d) Proposing new issuance, reissuance, and replacement of cards according to regulations.

Article 11. Use of specialized inspection officials' cards for natural resources and environment

1. Officials who have been issued specialized inspection officials' cards are responsible for properly preserving and using the cards in accordance with this Circular and other relevant laws. In case the card is damaged or lost, the official must promptly report to the head of the direct managing agency to establish a file for reissuance or replacement according to regulations.

2. It is strictly prohibited for officials to misuse the card for personal purposes; using another person's card or lending it to others for use. If an official uses the card to commit illegal acts, they will be subject to disciplinary action or criminal liability depending on the severity of the violation.

Article 12. Funding for specialized inspection officials' cards for natural resources and environment

1. The funding for specialized inspection officials' cards is provided from the State budget.

2. The Inspectorate of the Ministry has the responsibility to prepare plans and budgets for funding specialized inspection officials' cards and submit them to the competent authority for approval according to the law.

Chapter IV
IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Circular takes effect from June 9, 2014.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. The Inspector General of the Ministry of Natural Resources and Environment, the Directors of the Departments of Land Administration, Environment, Geology and Mineral Resources of Vietnam, the Heads of agencies and units under the Ministry of Natural Resources and Environment, and related organizations and individuals are responsible for implementing this Circular.

2. During implementation, if there are any difficulties, the Heads of agencies assigned to perform specialized inspection functions for natural resources and environment, the Heads of agencies and units under the Ministry of Natural Resources and Environment, shall promptly reflect to the Ministry of Natural Resources and Environment for consideration and decision.