Circular No. 29/2012/TT-BTNMT on the means and technical equipment of the Inspection of Natural Resources and Environment

 CIRCULAR

Regulations on equipment and technical devices for Environmental Resources Inspectorate

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Based on the Inspection Law dated November 15, 2010;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment, amended and supplemented by Decree No. 19/2010/NĐ-CP dated March 5, 2010 and Decree No. 89/2010/NĐ-CP dated August 16, 2010;

Pursuant to Decree No. 35/2009/NĐ-CP dated April 7, 2009 of the Government stipulating the organization and operation of the Natural Resources and Environment 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/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 Decision No. 59/2007/QĐ-TTg dated May 7, 2007 of the Prime Minister promulgating regulations on standards, quotas, and management and usage regimes for means of transportation in state agencies and public service organizations, and state-owned companies;

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

The Minister of Natural Resources and Environment issues this Circular stipulating the means of transportation and technical equipment of the Natural Resources and Environment Inspectorate,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the means of transportation and technical equipment of the Natural Resources and Environment Inspectorate force.

2. This Circular applies to organizations and individuals belonging to the Natural Resources and Environment Inspectorate organization including: the Inspectorate of the Ministry of Natural Resources and Environment, the Inspectorates of the Departments directly under the Ministry assigned to perform specialized inspection functions, the Inspectorates of the Departments of Natural Resources and Environment, and related organizations and individuals.

Article 2. General Principles

1. Officials and civil servants of the Natural Resources and Environment Inspectorate organization when performing their duties may use means of transportation and technical equipment for work purposes. It is strictly prohibited to lease or lend such means of transportation and technical equipment for other purposes.

2. Officials and civil servants of the Natural Resources and Environment Inspectorate organization have the responsibility to maintain and preserve the means of transportation and technical equipment for their duties. In case of loss or damage, they must immediately report to the authority and bear all responsibilities for the consequences arising therefrom except in cases of force majeure; in case of transfer of duty, retirement, or disciplinary action leading to dismissal, they must return to the inspectorate the means of transportation and technical equipment entrusted to them for management and use.

Chapter II

EQUIPMENT AND TECHNICAL DEVICES OF THE ENVIRONMENTAL RESOURCES INSPECTORATE FORCE

Article 3. Means of Transportation and Technical Equipment

1. Means of transportation and technical equipment serving the activities of the Natural Resources and Environment Inspectorate include:

a) Means of transportation: are special-purpose vehicles (cars), black-green in color, with positions in the cabin for installing other special equipment, both sides of the vehicle doors are painted with logos and the phrase "Natural Resources and Environment Inspectorate". The letters are reflective, with the following specifications: uppercase letters, white color, height 10-12 cm, stroke width 0.1-1.5 cm, standing upright, complete with punctuation marks. The use of logos is regulated as follows:

- For the Inspectorate of the Ministry and the Inspectorate of the Department: use the logo of the Natural Resources and Environment sector.

- For Departments assigned to perform specialized inspection functions: use their own logos.

b) Technical equipment includes: walkie-talkies, cameras, tape recorders, laptops, dedicated cameras, and other technical equipment according to the operational requirements of each natural resources and environment specialty (land, environment, minerals, water resources, meteorology, hydrology, climate change, seas and islands, and surveying and mapping).

According to each specialty and level of inspection, the competent authority decides on the provision of means of transportation and technical equipment suitable for the activities of the natural resources and environment inspectorate units. Specifically, measuring equipment must meet the technical requirements stipulated in the Law on Measurement 2011.

2. Besides the means of transportation and technical equipment mentioned in Clause 1 of this Article, when conducting inspections and in necessary cases, the inspectorate agency may use other means of transportation and technical equipment in accordance with the provisions of the law.

Article 4. Standards for specialized vehicles

1. For the Inspectorate of the Ministry of Natural Resources and Environment and the Departments directly under the Ministry assigned to perform specialized inspection functions, the provision of vehicles within the agreed standards with the Ministry of Finance shall be decided by the Minister of Natural Resources and Environment according to the agreed standards with the Ministry of Finance.

2. For the Inspectorate of the Department of Natural Resources and Environment, the decision on the provision of vehicles shall be made by the Chairman of the People's Committee at the provincial level after obtaining the opinion of the Standing Committee of the People's Council at the same level.

Article 5. Regulations and budget for purchasing and repairing equipment and technical devices

1. The price of specialized vehicles is determined when the Environmental Inspectorate organizes a plan or project for procurement and submits it to the competent authority for approval. The procurement of specialized vehicles for the Environmental Inspectorate is 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 of the Inspectorate of the Ministry of Natural Resources and Environment, and Departments assigned to perform specialized inspection functions shall be allocated in the annual state budget expenditure plan of the Ministry of Natural Resources and Environment or according to approved projects and plans, and from fines collected through inspections and checks as prescribed.

3. The budget for purchasing and repairing equipment and technical devices of the Inspectorate of the Department of Natural Resources and Environment shall be allocated in the annual state budget expenditure plan of the Department of Natural Resources and Environment and from fines collected through inspections and checks as prescribed.

4. The procedures for preparing budgets, reviewing, and implementing purchases and repairs must comply strictly with current regulations.

Chapter III

IMPLEMENTING PROVISIONS

Article 6. Effectiveness

This Circular takes effect from February 18, 2013.

The Heads of the Office of the Ministry of Natural Resources and Environment, the Inspectorate of the Ministry of Natural Resources and Environment, the Heads of units directly under the Ministry of Natural Resources and Environment, Directors of Provincial Departments of Natural Resources and Environment, and related organizations and individuals are responsible for implementing this Circular.

In the course of implementation, if there are difficulties, the relevant agencies, organizations, and individuals are requested to promptly report to the Ministry of Natural Resources and Environment for study and amendment./.