Decree No. 35/2009/ND-CP on the organization and operation of the Environmental Resources Inspectorate

DECREE

On the organization and operation of the Environmental Protection Inspectorate

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Inspection Law dated June 15, 2004;

Based on the Ordinance on Administrative Violation Handling dated July 2, 2002; the Ordinance amending and supplementing certain articles of the Ordinance on Administrative Violation Handling dated March 8, 2007; the Ordinance amending and supplementing certain articles of the Ordinance on Administrative Violation Handling dated April 2, 2008;

CONSIDERING THE PROPOSAL OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Position and functions of the Environmental Protection Inspectorate

The Environmental Protection Inspectorate is an inspectorate organized according to the provisions of Clause 1, Article 6 of this Decree; it performs administrative inspection and specialized inspection functions concerning land, water resources, mineral resources, geology, environment, meteorology, hydrology, surveying, maps, comprehensive and unified management of seas and islands (hereinafter referred to collectively as natural resources and environment) in accordance with the law.

Article 2. Objects of the Environmental Protection Inspectorate

1. Agencies, organizations, and individuals under the direct management of state agencies responsible for natural resources and environment.

2. Agencies, organizations, and individuals within Vietnam, overseas Vietnamese, and foreign organizations and individuals engaged in activities related to the field of natural resources and environment in Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from this Decree, the provisions of such international treaties shall be applied.

Article 3. Relationships of the Environmental Protection Inspectorate

1. The Ministry of Natural Resources and Environment Inspectorate (hereinafter referred to collectively as the Ministry Inspectorate) is directly directed by the Minister of Natural Resources and Environment, while also being directed and guided on work, organization, and business by the Government Inspectorate.

2. The Land Management General Department Inspectorate and the Environment General Department Inspectorate (hereinafter referred to collectively as the General Department Inspectorate) are directly directed by the Director of the Land Management General Department and the Director of the Environment General Department, while also being directed and guided on work, organization, and business by the Ministry Inspectorate.

3. The Vietnam Geological and Mineral Resources Inspectorate (hereinafter referred to collectively as the Bureau Inspectorate) is directly directed by the Director of the Vietnam Geological and Mineral Resources Bureau, while also being directed and guided on work, organization, and business by the Ministry Inspectorate.

4. The Provincial Inspectorate for Natural Resources and Environment (hereinafter referred to collectively as the Provincial Inspectorate) is directly directed by the Director of the Provincial Inspectorate for Natural Resources and Environment; it is guided on administrative inspection work and business by the provincial or centrally-administered city Inspectorate and on specialized inspection work and business by the Ministry Inspectorate.

Within their respective duties and powers, the Environmental Protection Inspectorate has the responsibility to coordinate with relevant agencies in exercising inspection rights and preventing, detecting, and handling violations of laws in the field of natural resources and environment.

Article 4. Responsibilities of relevant agencies in the operation of the Environmental Protection Inspectorate

Public security agencies, specialized inspectorates, and other relevant agencies within their respective duties and powers have the responsibility to coordinate with the Environmental Protection Inspectorate in preventing, detecting, and handling violations of laws concerning natural resources and environment.

Article 5. Responsibilities of the Head of State Administrative Agencies in the Activities of Environmental Inspection

1. The Minister of Natural Resources and Environment shall be responsible for organizing and directing the activities of the Ministry's Inspection; equipping material and technical facilities, uniforms, and other conditions to serve inspection activities; promptly handling conclusions and recommendations of the Ministry's Inspection in accordance with the provisions of the law.

2. The General Director, the Director shall be responsible for organizing and directing the activities of the General Inspection, the Departmental Inspection; equipping material and technical facilities, uniforms, and other conditions to serve inspection activities; promptly handling conclusions and recommendations of the General Inspection, the Departmental Inspection in accordance with the provisions of the law.

3. The Chairman of the People's Committee of the province, centrally governed city (hereinafter referred to collectively as the provincial-level People's Committee) shall be responsible for organizing and equipping material and technical facilities, uniforms for the Departmental Inspection.

4. The Director of the Department of Natural Resources and Environment shall be responsible for directing and ensuring conditions for the Departmental Inspection to operate; promptly handling conclusions and recommendations of the Departmental Inspection in accordance with the provisions of the law.

Chapter II

ORGANIZATION OF ENVIRONMENTAL INSPECTION

Article 6. Organization of Environmental Inspection

1. The organization of Environmental Inspection includes:

a) The Ministry of Natural Resources and Environment Inspection;

b) The Land Management General Department Inspection, the Environment General Department Inspection, and the Vietnam Geological and Mineral Resources Department Inspection under the Ministry of Natural Resources and Environment;

c) The Department of Natural Resources and Environment Inspection.

2. The Ministry Inspection, the General Department Inspection, the Department Inspection, and the Departmental Inspection each have their own seals.

Article 7. Ministry of Natural Resources and Environment Inspection

1. The Ministry Inspection is an agency of the Ministry of Natural Resources and Environment, performing administrative inspection tasks and specialized environmental inspection within the scope of the Ministry’s state management.

The Ministry Inspection has departments directly under it, established by the Minister of Natural Resources and Environment.

2. The Ministry Inspection has the Chief Inspector, Deputy Chief Inspectors, and Inspectors. The Chief Inspector is appointed, relieved, or dismissed by the Minister of Natural Resources and Environment after reaching consensus with the Chief State Inspector; Deputy Chief Inspectors and Inspectors are appointed, relieved, or dismissed according to the provisions of the law.

3. The Minister of Natural Resources and Environment shall specify the specific duties, powers, organization, and staffing of the Ministry Inspection.

Article 8. General Department Inspection, Department Inspection

1. The General Department Inspection, the Department Inspection are agencies under the General Department, the Department, performing specialized environmental inspection tasks within the scope of the General Department’s and the Department’s management.

The General Department Inspection has departments directly under it, established by the General Department Director.

2. The General Department Inspection, the Department Inspection have the Chief Inspector, Deputy Chief Inspectors, and Inspectors.

The Chief General Department Inspector, the Chief Department Inspector are appointed, relieved, or dismissed by the General Department Director, the Department Director after reaching consensus with the Ministry Inspection.

Deputy Chief Inspectors and Inspectors are appointed, relieved, or dismissed according to the provisions of the law.

3. The General Department Director, the Department Director shall specify the specific duties, powers, organization, and staffing of the General Department Inspection, the Department Inspection.

Article 9. Provincial Department of Natural Resources and Environment Inspection

1. The Department Inspection is an agency under the Provincial Department of Natural Resources and Environment, performing administrative inspection tasks and specialized inspection within the scope of provincial state management over natural resources and environment.

2. The Department Inspection includes the Chief Inspector, Deputy Chief Inspectors, and Inspectors.

The Chief Inspector of the Department is appointed, dismissed, or removed from office by the Department Director after consultation with the Provincial Chief Inspector; Deputy Chief Inspectors and Inspectors are appointed, dismissed, or removed from office in accordance with the provisions of the law.

Chapter III

DUTIES AND POWERS OF NATURAL RESOURCES AND ENVIRONMENT INSPECTION

Section 1. DUTIES AND POWERS OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT INSPECTION

Article 10. Duties and powers of the Ministry of Natural Resources and Environment Inspection

1. Perform duties and powers of administrative inspection and specialized inspection as prescribed in the Law on Inspection.

2. Impose administrative penalties according to the laws on handling administrative violations.

3. Take the lead or participate in drafting normative legal documents for submission to the Minister of Natural Resources and Environment.

4. Propose competent authorities to amend, supplement, or promulgate normative legal documents suitable for the requirements of state management over natural resources and environment; propose competent authorities to suspend illegal acts of organizations and individuals when there is sufficient evidence to determine that such violations cause damage to national interests, rights, and legitimate benefits of citizens; propose competent authorities to suspend the implementation or revoke documents contrary to the provisions of the law on natural resources and environment; propose the handling of civil servants who have committed violations during their performance of duties discovered through inspection work.

5. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspection by the Ministry's Inspection.

6. Assist the Minister of Natural Resources and Environment in organizing citizen reception, resolving disputes, complaints, and denunciations in accordance with the law.

7. Carry out anti-corruption prevention and combat duties as prescribed by law.

8. Guide specialized inspection business of natural resources and environment for General Bureau Inspections, Bureau Inspections, and Department Inspections; guide and inspect units under the Ministry in implementing legal regulations on inspection work.

9. Summarize and report results on inspection work, complaint resolution, anti-corruption efforts within the scope of the Ministry of Natural Resources and Environment’s state management.

10. Perform other tasks assigned by the Minister of Natural Resources and Environment.

Article 11. Duties and powers of the Chief Inspector of the Ministry of Natural Resources and Environment

1. Lead and direct inspection work within the scope of the Ministry of Natural Resources and Environment’s state management.

2. Develop inspection programs and plans for approval by the Minister of Natural Resources and Environment and organize their implementation; recommend the Minister to handle overlapping or duplicate programs, plans, and contents of inspections within the scope of the Ministry of Natural Resources and Environment’s state management.

3. Submit to the Minister of Natural Resources and Environment for issuance of an inspection decision when signs of law violation are detected.

4. Recommend the Minister of Natural Resources and Environment to decide or decide within his authority on the establishment of an Inspection Team, appointment of Inspectors, and recruitment of Inspection Collaborators to conduct inspections in accordance with the law.

5. Recommend the Minister of Natural Resources and Environment to temporarily suspend the implementation of decisions made by organizations and individuals directly managed by the Ministry of Natural Resources and Environment if there is evidence that such decisions violate the law or affect inspection activities.

6. Administer administrative penalties according to the law on administrative violation handling.

7. Recommend the Minister of Natural Resources and Environment to consider responsibility and handle heads of agencies whose actions violate the Minister's management; cooperate with heads of agencies and organizations in considering responsibility and handling violators under their management.

8. Recommend the Minister of Natural Resources and Environment to resolve issues related to inspection work; if such recommendation is not accepted, report to the Chief Inspector.

9. Perform other duties and powers as prescribed by law.

Mục 2. TASKS AND POWERS OF THE INSPECTOR GENERAL OF THE GENERAL DEPARTMENT AND THE INSPECTORATE BUREAU

Article 12. Tasks and powers of the Inspector General of the General Department, the Inspectorate Bureau

1. Carry out the tasks and inspection powers in the field of natural resources and environment within the scope of state management of the General Department and the Bureau.

2. Impose administrative penalties according to the laws on handling administrative violations.

3. Take the lead or participate in drafting regulatory legal documents according to the assignment of the General Department Director, Bureau Director; propose competent authorities to amend and supplement regulatory legal documents in accordance with the requirements for state management of natural resources and environment.

4. Propose competent authorities to suspend illegal acts of organizations and individuals when there is sufficient evidence to determine that such violations cause damage to national interests, rights and legitimate interests of citizens; propose to competent state agencies to suspend the implementation or revoke documents contrary to the provisions of laws on natural resources and environment; propose to handle civil servants who violate their duties discovered through inspection work.

5. Monitor, inspect, urge the implementation of conclusions, recommendations, decisions on handling inspections by the Inspector General of the General Department, the Inspectorate Bureau.

6. Receive citizens and resolve disputes, complaints, denunciations in the fields under the functional management of the General Department and the Bureau according to the division of labor by the Minister.

7. Carry out anti-corruption prevention and combat duties as prescribed by law.

8. Summarize and report results on inspection work, complaint resolution, anti-corruption activities within the management scope of the General Department and the Bureau.

9. Perform other tasks assigned by the Minister, the General Department Director, the Bureau Director.

Article 13. Tasks and powers of the Chief Inspector General of the General Department, the Chief Inspectorate Bureau

1. Lead and direct inspection work within the management scope of the General Department and the Bureau.

2. Draft inspection programs and plans and organize their implementation after approval by the Minister of Natural Resources and Environment.

3. Submit to the General Department Director, Bureau Director for issuance of inspection decision when signs of law violation are detected.

4. Submit to the General Department Director, Bureau Director for decision or decide within their authority on the establishment of Inspection Teams, appointment of Inspectors, and summoning of Inspection Collaborators to carry out inspections as prescribed by law.

5. Recommend the General Department Director, Bureau Director to temporarily suspend the implementation of decisions of organizations and individuals directly under their management when there is evidence that such decisions contravene the law or affect inspection activities.

6. Administer administrative penalties according to the law on administrative violation handling.

7. Recommend the General Department Director, Bureau Director to examine responsibility and handle persons committing violations under their management; coordinate with heads of agencies and organizations in examining responsibility and handling persons committing violations under their management.

8. Recommend the General Department Director, Bureau Director to resolve issues related to inspection work; if such recommendation is not accepted, report to the Chief Inspector of the Ministry.

9. Perform other duties and powers as prescribed by law.

Mục 3. TASKS AND POWERS OF THE INSPECTOR OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

Article 14. Tasks and powers of the Inspector of the Department of Natural Resources and Environment

1. Carry out the tasks and inspection powers in administrative inspection and specialized inspection in the field of natural resources and environment within the scope of provincial People's Committee management.

2. Impose administrative penalties according to the laws on handling administrative violations.

3. Conduct other cases assigned by the Department of Natural Resources and Environment Director.

4. Perform tasks of resolving disputes, complaints, denunciations according to the provisions of law.

5. Perform tasks of prevention and struggle against corruption according to the provisions of law.

6. Guide and inspect subordinate units of the Department of Natural Resources and Environment in implementing legal regulations on inspection work; provide guidance on inspection procedures to Inspectors.

7. Summarize and report results on inspection work, complaint resolution, anti-corruption activities within the scope of management of the Department of Natural Resources and Environment to relevant management agencies as prescribed.

8. Perform other tasks and powers as prescribed by law.

Article 15. Duties and Authorities of the Inspector General of the Department of Natural Resources and Environment

1. Leading and directing inspection work within the management scope of the Department of Natural Resources and Environment.

2. Building inspection programs and plans to submit to the Director of the Department of Natural Resources and Environment for decision and organizing their implementation.

3. Submitting to the Director of the Department of Natural Resources and Environment for issuance of an inspection decision when signs of law violations are detected.

4. Submitting to the Director of the Department of Natural Resources and Environment for decision or deciding within his authority on the establishment of an Inspection Team, appointment of Inspectors, and summoning of Inspection Collaborators to carry out inspections as prescribed by law.

5. Recommending the Director of the Department of Natural Resources and Environment to temporarily suspend the execution of decisions made by heads of units under its management if there is evidence that such decisions violate the law or affect inspection activities; recommending the Director of the Department of Natural Resources and Environment to consider responsibility and handle persons with violations under its management.

6. Administer administrative penalties according to the law on administrative violation handling.

7. Recommending the Director of the Department of Natural Resources and Environment to resolve issues related to inspection work; in case such recommendations are not accepted, reporting to the Inspector General of the provincial level and simultaneously reporting to the Inspector General of the Ministry of Natural Resources and Environment.

8. Perform other tasks and powers as prescribed by law.

Section 4. ENVIRONMENTAL INSPECTORS AND INSPECTION COLLABORATORS

Article 16. Environmental Inspectors

1. Environmental Inspectors are civil servants appointed to the position of Inspector in accordance with the provisions of the law to perform inspection tasks and other tasks of the Environmental Inspection as assigned by the Inspector General.

2. Inspectors are recruited, appointed, relieved of duty, issued Inspector cards, and enjoy benefits and policies in accordance with the provisions of the law.

3. In addition to the general conditions and standards for Inspectors as stipulated in the Law on Inspection and Decree No. 100/2007/ND-CP dated June 13, 2007 of the Government on Inspectors and Inspection Collaborators, Inspectors must meet additional conditions and standards suitable for their industry and field as prescribed by the Minister of Natural Resources and Environment.

4. When performing inspection work, Environmental Inspectors shall fulfill duties and authorities as prescribed by the Law on Inspection and other duties and authorities as prescribed by law.

Article 17. Inspection Collaborators of the Environmental Inspection

1. Inspection Collaborators are individuals summoned to perform inspection tasks at the request of the Inspector Generals at all levels or heads of state agencies with jurisdiction to carry out inspection tasks.

2. Inspection Collaborators must have good political qualities; be responsible, honest, impartial, and fair; possess professional qualifications appropriate to the inspection tasks.

3. Inspection Collaborators enjoy benefits and policies as stipulated in Article 19 of Decree No. 100/2007/ND-CP dated June 13, 2007 of the Government on Inspectors and Inspection Collaborators and other relevant legal documents.

Chapter IV

ENVIRONMENTAL INSPECTION ACTIVITIES

Article 18. Content of natural resources and environmental inspection activities

1. Administrative Inspection:

a) Inspect the implementation of policies, laws, and assigned tasks by agencies, organizations, and individuals under the direct management of the same-level head;

b) The content, procedures, and methods for administrative inspections shall be carried out in accordance with the provisions of the Inspection Law and guiding documents implementing the Inspection Law.

2. Specialized Inspection:

Inspect compliance with legal regulations on natural resources and the environment within the scope of state management of the same-level head concerning agencies, organizations, and individuals engaged in activities related to natural resources and the environment, including:

b) Water resources;

c) Geology and minerals;

c) Mineral resources, geology;

d) Environment;

d) Meteorology, hydrology;

e) Surveying, maps;

g) Comprehensive and unified management of the sea and islands;

h) Other legal provisions related to natural resource and environmental activities.

Article 19. Principles of Natural Resources and Environmental Inspection Activities

1. Natural resources and environmental inspection activities must comply with the law; ensure accuracy, objectivity, truthfulness, transparency, democracy, and promptness; not obstruct the normal operations of inspected agencies, organizations, and individuals and those related.

2. When conducting inspections, the person issuing the inspection decision, the head of the Inspection Agency, the head of the inspection team, the inspector, and members of the inspection team must bear legal responsibility for their actions and decisions.

Article 20. Methods of Inspection Activities

1. Inspection is conducted through either an inspection team or an independent inspector.

2. Inspection teams and independent inspectors operate according to the provisions of the Inspection Law.

3. An inspection decision must be made by the head of the Natural Resources and Environment Inspection Agency or the head of the same-level state management agency when conducting inspections.

4. The head of the inspection team and the independent inspector must bear legal responsibility before the law and the person issuing the inspection decision for their decisions and measures taken.

5. When handling violations, the head of the inspection team and the independent inspector must fully follow the prescribed procedures under the law.

Article 21. Forms of Inspection

1. Inspection activities are carried out in the form of program-based and plan-based inspections and surprise inspections.

2. Program-based and plan-based inspections are conducted according to approved programs and plans.

3. Surprise inspections are conducted when agencies, organizations, or individuals show signs of violating the law, upon request for complaint resolution, or as assigned by the competent state management head.

Article 22. Rights, Obligations, and Responsibilities of Inspected Entities

Inspected entities have rights, obligations, and responsibilities as stipulated in the Inspection Law and other relevant legal documents.

Chapter V

MATERIAL BASE AND OPERATING EXPENSES

Article 23. Material Base

1. The Natural Resources and Environment Inspection is equipped with means of transportation, technical equipment, uniforms, insignia, badges, and signs.

It is strictly prohibited for organizations and individuals to use similar uniforms, insignia, badges, and signs that cause confusion with the Natural Resources and Environment Inspection.

2. The Minister of Natural Resources and Environment shall specify the following:

a) Means of transportation and technical equipment of the Natural Resources and Environment Inspection;

b) Uniforms, insignia, signs, and badges of the Natural Resources and Environment Inspection after coordinating with the General Inspector.

Article 24. Operating Expenses

1. The operating expenses of the Environmental Inspectorate shall be guaranteed from the state budget according to the current regulations on the分级预算管理体制和其他法律规定的资金来源。

2. The establishment, allocation, management, utilization, and settlement of inspection business expenses shall be carried out in accordance with the provisions of the law.

Chapter VI

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 25. Awards

Organizations and individuals who have achievements in the activities of the Environmental Inspectorate shall be commended in accordance with the provisions of the law.

Article 26. Handling Violations

The Head of the Inspection Team, Inspectors, other members of the Inspection Team, inspected entities, and other agencies, organizations, and individuals who commit violations of the law during the inspection activities shall be subject to legal sanctions depending on the nature and severity of the violation.

Chapter VII

IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Decree takes effect from May 23, 2009, and replaces Government Decree No. 65/2006/NĐ-CP dated June 23, 2006, on the organization and operation of the Environmental Inspectorate.

Article 28. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.