Decision No. 20/2009/QD-TTg on the provision and use of technical equipment for environmental protection in the work of preventing, detecting, and handling violations of laws related to environmental protection by the People's Police Force.

Pursuant to …;

REGARDING THE PROVISIONS ON THE EQUIPMENT AND USE OF TECHNICAL MEANS AND DEVICES IN ENVIRONMENTAL PROTECTION WORKS FOR THE PREVENTION, DETECTION, AND HANDLING OF VIOLATIONS OF ENVIRONMENTAL LAWS BY THE PEOPLE'S POLICE FORCE

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Public Security Law dated November 29, 2005;
The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.
Considering the proposal of the Minister of Public Security,

DECISION:

Article 1. Object, scope, purpose of equipment and use of technical means and devices

The People's Police Force shall be equipped with and use technical means and devices for environmental monitoring, sampling, preservation, transportation, and analysis activities (hereinafter referred to as environmental technical means and devices) as stipulated in Article 2 of this Decision to serve preventive, detection, and handling works of violations of environmental laws. The results obtained through environmental technical means and devices shall serve as grounds for considering violations and deciding administrative penalties according to the provisions of the law.

Article 2. List of environmental technical means and devices

Environmental technical means and devices of the People's Police Force for preventive, detection, and handling works of violations of environmental laws include measuring instruments; inspection instruments; sampling, preservation, and transportation devices; and environmental analysis devices concerning soil, water, air, solid waste, radiation, electromagnetic fields, microclimate, hydrology, sea, and other environmental factors produced or imported in compliance with legal regulations, including:

1. Rapid air measurement device;

2. Rapid water measurement device;

3. Dust measurement device;

4. Vibration measurement device;

5. Noise measurement device;

6. Radiation measurement device;

7. Light intensity measurement device;

8. VHF wave measurement device;

9. Radiation measurement device;

10. Electromagnetic field measurement device;

11. Air analysis device;

12. Water and liquid analysis device;

13. Soil analysis device;

14. Solid waste analysis device;

15. Microbiological factor analysis device;

16. Microclimate measurement device;

17. Flow velocity measurement device;

18. Mobile environmental testing station;

19. GPS satellite positioning device;

20. Environmental sample collection device;

21. Environmental sample preservation device;

22. Audio and video recording device.

In addition to the above technical means and devices, the Minister of Public Security shall decide on the use of specialized technical means and devices of relevant Ministries and sectors by the People's Police Force when necessary. The results from using these technical means and devices shall also be considered as grounds for applying forms of handling violations according to the provisions of the law.

Article 3. Management and use of environmental technical means and devices

1. The management and use of technical means and devices of the People's Police Force for preventive, detection, and handling works of violations of environmental laws must comply with national requirements for calibration and quality measurement.

2. Environmental technical means and devices of the People's Police Force for preventive, detection, and handling works of violations of environmental laws must be used in accordance with the regulations and guidelines of the Minister of Public Security.

3. Any unit or individual using the environmental technical means and devices specified in Article 2 of this Decision in an arbitrary manner, not in accordance with their intended purposes, affecting the rights and legitimate interests of agencies, organizations, businesses, and citizens shall be subject to legal sanctions depending on the nature and severity of the violation.

Article 4. Responsibilities of production and business subjects

Agencies, organizations, enterprises, and individuals must strictly comply with supervision, detection, and handling of violations discovered through technical means and equipment related to the environment when requested by the People's Police force during their activities, production, business, and services. They are prohibited from obstructing, limiting, or rendering ineffective the technical functions of environmental technical means and equipment of the People's Police force.

Article 5. Responsibilities of Relevant Ministries and Sectors

1. Responsibilities of the Ministry of Public Security:

a) Guide, monitor, inspect, and urge the implementation of this Decision; establish an Environmental Standard Testing Center that meets the conditions for environmental monitoring and analysis, equipped with a complete database as a basis for investigating and handling violations of environmental protection laws.

b) Take the lead and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Science and Technology, the Ministry of Finance, the Vietnam Academy of Science and Technology, the Ministry of Health, and relevant ministries and sectors to issue specific regulations on the mechanism for using environmental technical means and equipment as stipulated in Article 2 of this Decision. Organize research and application of scientific and technological progress to produce and import environmental technical means and equipment to serve the fight against criminal offenses and violations of environmental protection laws.

2. The Ministry of Natural Resources and Environment shall have the responsibility:

a) Coordinate with the Ministry of Public Security to organize training, instruction, and capacity building for police officers regarding environmental monitoring and analysis equipment.

b) Coordinate with the Ministry of Public Security in planning, managing, and utilizing environmental public expenditure funds to invest in environmental technical means and equipment for the People's Police force.

3. The Ministry of Science and Technology shall be responsible for:

a) Organize research and application of scientific and technological progress to produce and improve environmental technical means and equipment to serve the work of the People's Police force.

b) Coordinate with the Ministry of Public Security to uniformly manage and implement national regulations on measurement quality for environmental technical means and equipment of the People's Police force as prescribed by law.

4. The Ministry of Planning and Investment and the Ministry of Finance shall be responsible for:

Coordinating with the Ministry of Public Security and relevant ministries and sectors to report to the Government for approval of the budget estimate and decision on allocation of investment development funds, public expenditure funds for environmental purposes, and other sources of funding to ensure adequate provision of environmental technical means and equipment for the People's Police force, and supervise the use of funds according to regulations.

Article 6. Effectiveness

This Decision takes effect from March 26, 2009.

Article 7. Responsibility for Implementation

THE MINISTERS, HEADS OF GOVERNMENT-LEVEL MINISTRIES, HEADS OF GOVERNMENT-LEVEL AGENCIES, AND CHAIRMEN OF PROVINCE AND CITY PEOPLE'S COMMITTEES DIRECTLY UNDER THE CENTRAL GOVERNMENT SHALL BE RESPONSIBLE FOR ENFORCING THIS DECISION./.