DIRECTIVE

On Strengthening Work to Prevent and Combat Crimes and

Violations of Environmental Protection Law During the Period of Integration

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Natural elements and man-made materials surrounding humans such as land, water, air, sound, light, living organisms, ecosystems, and other forms of environmental matter significantly impact human life, production, existence, and development. The climate is increasingly becoming harsher, and environmental incidents are on the rise. Vietnam's environment is currently severely polluted and degraded; land is eroding and deteriorating, with desertification occurring in many areas; biodiversity on land and in the sea has declined, coastal and river basin environments show increasing signs of pollution, surface and groundwater are becoming more polluted and depleted. Many cities, industrial zones, and craft villages are heavily polluted due to wastewater, exhaust gases, solid waste; the importation of outdated equipment, technology, and non-compliant waste is quite common. Destructive exploitation of terrestrial and aquatic biological resources continues unchecked, forests continue to be severely destroyed. These situations seriously affect public health and threaten sustainable national development. The reasons are:

Industries and levels of government have not fully recognized the importance of environmental protection tasks during economic and social development; the awareness of a portion of the population, agencies, and organizations regarding compliance with environmental protection laws remains low; in some places, local governments prioritize short-term economic benefits over environmental protection requirements, failing to promptly direct necessary measures for environmental protection and not strictly punishing violations of environmental protection laws.

The system of regulatory legal documents on environmental protection is incomplete and inconsistent, lacking and overlapping, without a strict set of sanctions sufficient to deter violations, thus resulting in low effectiveness in combating crimes and violations of environmental protection laws. The organization, functions, and responsibilities of forces directly tasked with preventing and combating environmental crimes are vague and inconsistent, leading to difficulties and confusion in their operations, hindering their effectiveness in preventing, detecting, and handling violations of environmental protection laws.

In order to maintain a sustainable environment; prevent adverse impacts on the environment, and respond promptly to environmental incidents, the Government Prime Minister requests that ministries, sectors, and localities urgently implement the following tasks:

1. Ministry of Natural Resources and Environment

a. Take the lead and coordinate with ministries, ministerial-level agencies, governmental agencies, provincial People's Committees under the central government, the Vietnam Fatherland Front, and its member organizations to intensify the dissemination and popularization of policies, laws, and results of investigations and handling of violations of environmental protection laws through mass media to enhance individual, agency, organizational, and business responsibility and awareness of environmental protection laws.

b. Take the lead and coordinate with ministries, ministerial-level agencies, governmental agencies, provincial People's Committees under the central government to strengthen inspection, supervision, and timely, strict handling of violations of environmental protection laws, focusing on investment projects (including foreign investment projects), industrial zones, export processing zones, craft villages, and facilities causing serious environmental pollution; ensuring all production, business, service, and other types of projects must have strategic environmental assessment reports, environmental impact assessment reports, or environmental protection commitment statements reviewed and approved by competent authorities according to the Environmental Protection Law 2005. Resolutely halt operations of production, business, and service facilities without systems, means, and measures to treat waste and address environmental incidents.

Chapter C. To take the lead and coordinate with the Ministry of Science and Technology and relevant ministries and sectors to review, adjust, and transform current Vietnamese environmental standards, and promulgate new technical environmental regulations.

Chapter D. To take the lead and coordinate with relevant ministries and sectors to study incentive mechanisms for projects, funding mobilization mechanisms, and preferential policies for investors in the field of environmental protection; to promote socialization in environmental protection work, especially in waste collection and treatment; to establish monitoring and inspection mechanisms for the environment.

2. The Ministry of Industry and Trade shall take the lead and coordinate with the Ministry of Finance and relevant ministries and sectors and People's Committees of provinces and centrally governed cities to organize comprehensive inspections of the importation of machinery, equipment, production lines, outdated technology, and waste materials that have the potential to cause pollution and damage to the environment, in order to promptly detect, prevent, and handle violations of environmental protection laws.

3. The Ministry of Health shall take the lead and coordinate with relevant ministries and sectors and People's Committees of provinces and centrally governed cities to conduct audits and inspections of healthcare facilities that have the potential to cause environmental pollution, in order to promptly detect, prevent, and handle violations of environmental protection laws.

4. The Ministry of Science and Technology shall take the lead and coordinate with relevant ministries and sectors and People's Committees of provinces and centrally governed cities to strengthen inspections, control, and strict management of radioactive sources.

5. The Ministry of Public Security

a. Direct public security units at all levels to intensify preventive measures, detection, and handling of illegal activities related to the trade and transportation of hazardous waste, garbage, radioactive substances, forest products, rare and endangered wildlife species, especially cross-border transportation. Inspect and handle cases where motor vehicles beyond their service life participate in traffic. Vigorously investigate and strictly punish serious criminal offenses and violations of environmental protection laws that infringe upon and destroy natural resources.

b. Organize training on environmental protection business skills and laws for the Environmental Police force under the Ministry of Public Security.

Chapter C. To take the lead and coordinate with relevant ministries and sectors to study and develop a draft Law on the Organization of Criminal Investigation Agencies and propose amendments and supplements to certain provisions of the 2003 Criminal Procedure Code to ensure alignment with practical requirements for preventing and combating environmental crimes. Continue to consolidate and improve the organization and operations of the Environmental Police force to meet practical requirements for combating criminal offenses and violations of environmental protection laws.

Chapter D. To take the lead and coordinate with the Ministry of Justice, the Ministry of Natural Resources and Environment, and relevant ministries and sectors to develop a Government Decree on prevention and combat against environmental crimes and other violations of environmental laws.

6. The Ministry of Justice shall take the lead and coordinate with the Ministry of Public Security, the Ministry of Natural Resources and Environment, and relevant ministries and sectors to study, review, and propose to the Government, the Standing Committee of the National Assembly, and the National Assembly to promulish or amend and supplement existing environmental protection laws to create a robust legal framework serving effective efforts to prevent and combat environmental crimes and violations of environmental laws. In the short term, study and propose to the Government to submit to the National Assembly for consideration amendments and supplements to certain provisions of the 1999 Criminal Code to ensure alignment with current practical requirements for environmental protection.

7. The Ministry of Finance shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Public Security, and provincial and centrally governed city authorities to guide the allocation of funds in annual state budget estimates to ensure the implementation of efforts to prevent and combat environmental crimes and violations of environmental laws as directed.

8. Other ministries, agencies equivalent to ministries, and government-affiliated agencies shall implement effectively policies, guidelines, and laws in the field of environmental protection based on their functions and responsibilities.

9. Chairpersons of People's Committees of provinces and centrally governed cities shall direct lower-level People's Committees and related organizations and agencies in their localities to strengthen environmental protection work and strictly handle violations of environmental protection laws according to the law.

10. Ministers, heads of agencies equivalent to ministries, heads of government-affiliated agencies, and chairpersons of People's Committees of provinces and centrally governed cities shall develop plans to implement this Directive and be responsible before

11. The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Public Security to inspect and urge ministries, sectors, and localities to implement this Directive; report periodically every six months and annually

This Directive shall take effect fifteen days after its publication in the Official Gazette./.