Circular No. 27/2019/TT-BTNMT on technical equipment for environmental and natural resources inspectors

CIRCULAR

Regulations on equipment and technical devices for Environmental Resources Inspectorate

Based on the Inspection Law dated November 15, 2010;

Pursuant to Decree No. 36/2017/NĐ-CP dated April 4, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 35/2009/NĐ-CP dated April 7, 2009 of the Government stipulating the organization and operation of the Environmental Resources Inspectorate;

Pursuant to Decree No. 86/2011/NĐ-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law;

Pursuant to Decree No. 97/2011/NĐ-CP dated October 21, 2011 of the Government on inspectors and inspection collaborators;

Pursuant to 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;

Pursuant to Decree No. 163/2016/NĐ-CP dated December 21, 2016 of the Government detailing the implementation of certain provisions of the State Budget Law;

Pursuant to Decree No. 04/2019/NĐ-CP dated January 11, 2019 of the Government stipulating standards and quotas for the use of motor vehicles;

In accordance with the proposal of the Chief Inspector of the Ministry and the Director of the Legal Department;

The Minister of Natural Resources and Environment promulgates this Circular stipulating the equipment and technical devices for the Environmental Resources Inspectorate.

Chapter 1.
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the equipment and technical devices for the Environmental Resources Inspectorate force.

Article 2. Applicability

This Circular applies to organizations and individuals belonging to the Environmental Resources Inspectorate force, including: the Inspectorate of the Ministry of Natural Resources and Environment, units under the Ministry of Natural Resources and Environment assigned to perform specialized inspection functions; the Inspectorate of Provincial Departments of Natural Resources and Environment (hereinafter referred to collectively as Provincial Departments of Natural Resources and Environment) and related organizations and individuals.

Article 3. General Principles

1. Officials and civil servants of the Environmental Resources Inspectorate force when performing their duties shall use equipment and technical devices for operational purposes. It is strictly prohibited to lease or lend such equipment and technical devices for other purposes.

2. Officials and civil servants of the Environmental Resources Inspectorate force have the responsibility to maintain and preserve the equipment and technical devices for their duties. If lost or damaged, they must immediately report to the agency and bear all responsibilities for the consequences arising, except in cases of force majeure; in case of transfer, retirement, or disciplinary action involving dismissal from service, they must return to the inspectorate agency the equipment and technical devices entrusted to them for management and use.

Chapter 2.
EQUIPMENT AND TECHNICAL DEVICES OF THE ENVIRONMENTAL RESOURCES INSPECTORATE FORCE

Article 4. Equipment and Technical Devices

1. Equipment and technical devices serving the activities of the Environmental Resources Inspectorate force include:

a) Equipment: A dedicated vehicle painted black-blue, with positions inside the cabin for installing other specialized equipment, and identification signs (logos according to the model attached as an appendix to this Circular) affixed to both sides of the vehicle doors;

b) Technical devices, including: Walkie-talkies, cameras, audio recorders, laptop computers, specialized cameras, and other technical devices required for specific environmental resource sectors (land; environment; geological resources and minerals; water resources; meteorology and hydrology; climate change; surveying and mapping; remote sensing; integrated natural resource management and marine and island environmental protection).

Depending on each sector and level of inspection, the competent authority decides on the provision of equipment and technical devices suitable for the activities of the Environmental Resources Inspectorate units. Specifically, measuring technical devices must meet technical requirements stipulated by laws on measurement.

2. In addition to the equipment and technical devices specified in Clause 1 of this Article, when conducting inspections and in necessary cases, the inspection agency may use other equipment and technical devices in accordance with the law.

Article 5. Standards for specialized vehicles

1. For the Ministry of Natural Resources and Environment Inspectorate and subordinate units of the Ministry of Natural Resources and Environment assigned to perform specialized inspection functions, the provision of vehicles according to agreed standards with the Ministry of Finance shall be decided by the Minister of Natural Resources and Environment after receiving the written opinion of the Ministry of Finance.

2. For the Inspectorate of Natural Resources and Environment under the provincial People's Committee, the decision shall be made by the Chairman of the Provincial People's Committee after obtaining the unified opinion of the Provincial Party Committee Standing Committee and the Provincial People's Council Standing Committee.

Article 6. Regulations and budget for purchasing and repairing equipment and technical devices

1. The price of specialized vehicles is determined when the Natural Resources and Environment Inspectorate establishes a plan or project for procurement and submits it to the competent authority for approval. The procurement of specialized vehicles for the Natural Resources and Environment Inspectorate shall be carried out in accordance with regulations on asset procurement issued by authorized state agencies.

2. The budget for purchasing and repairing equipment and technical devices for the Ministry of Natural Resources and Environment Inspectorate and subordinate units of the Ministry of Natural Resources and Environment assigned to perform specialized inspection functions shall be allocated in the annual state budget estimate of the Ministry of Natural Resources and Environment or according to approved projects and plans and from recovered funds identified through inspection work that have been paid into the state budget..

3. The budget for purchasing and repairing equipment and technical devices for the Inspectorate of Natural Resources and Environment under the provincial departments shall be allocated in the annual state budget estimate of the provincial departments and from recovered funds identified through inspection work that have been paid into the state budget.

4. The preparation of estimates, review, and implementation of purchasing and repairing equipment and technical devices as stipulated in this Article shall be carried out in accordance with current laws.

Chapter 3.
IMPLEMENTING PROVISIONS

Article 7. Effective Date

1. This Circular takes effect from February 18, 2020. Circular No. 29/2012/TT-BTNMT dated December 28, 2012, issued by the Minister of Natural Resources and Environment, concerning the equipment and technical devices of the Natural Resources and Environment Inspectorate, shall cease to be effective from the date this Circular takes effect.

2. The Heads of the Ministry's Office, the Inspector General of the Ministry, the Heads of subordinate agencies and units of the Ministry of Natural Resources and Environment, Directors of Natural Resources and Environment Departments of provinces and centrally-administered cities, and related organizations and individuals are responsible for implementing this Circular.

During the implementation process, if there are any difficulties, they are requested to promptly report to the Ministry of Natural Resources and Environment for study and amendment.

Appendix

Logo of the Natural Resources and Environment Inspectorate
(Annexed to Circular No. 27/2019/TT-BTNMT dated December 31, 2019, issued by the Minister of Natural Resources and Environment)