Circular No. 56/2012/TT-BCA detailing the implementation of certain provisions under Article 6 of Decree No. 72/2010/NĐ-CP dated July 8, 2010, of the Government on preventing and combating environmental crimes and other violations of law related to the environment.

CIRCULAR

Detailed Implementation of Certain Provisions of Article 6 of Decree

No. 72/2010/NĐ-CP dated July 8, 2010 of the Government on Prevention,

CombatCrime and Other Law Violations Related to the Environment

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Pursuant to the People's Public Security Law 2005;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 72/2010/NĐ-CP dated July 8, 2010 of the Government stipulating prevention, combat against crime and other law violations related to the environment;

Pursuant to Decision No. 151/2008/QĐ-TTg dated November 28, 2008 of the Prime Minister promulgating the Regulation on the Application of Work Measures in Prevention and Combating Crime and Maintaining Social Order and Safety by the People's Police Force;

At the proposal of the Director General of the National Police Academy for Preventing and Combating Crime,

The Minister of Public Security issues this Circular detailing the implementation of certain provisions of Article 6 of Decree No. 72/2010/NĐ-CP dated July 8, 2010 of the Government stipulating prevention, combat against crime and other law violations related to the environment.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies detailed implementation regarding the content, procedures, formalities, authority to apply preventive measures, combat against crime and other law violations related to the environment as stipulated in Clause 1, Point a Clause 2 and Clauses 4 and 5 of Article 6 of Decree No. 72/2010/NĐ-CP dated July 8, 2010 of the Government stipulating prevention, combat against crime and other law violations related to the environment (hereinafter referred to as Decree No. 72/2010/NĐ-CP) and the responsibilities of agencies, organizations, and individuals involved.

Article 2. Applicability

This Circular applies to units, police officers of the People's Public Security engaged in prevention, combat against crime and other law violations related to the environment and agencies, organizations, and individuals related to compliance with environmental protection laws.

Article 3. Principles for Applying Preventive Measures and Combat Against Crime and Other Law Violations Related to the Environment

1. Compliance with the provisions of Decree No. 72/2010/NĐ-CP, this Circular, and other relevant laws.

2. Strictly prohibited from exploiting the application of preventive measures and combat against crime and other law violations related to the environment to harass, create difficulties, or inconvenience production and business activities or infringe upon the legitimate rights and interests of agencies, organizations, and individuals.

Article 4. Responsibilities and Rights of Agencies, Organizations, and Individuals Involved in Applying Preventive Measures and Combat Against Crime and Other Law Violations Related to the Environment

Agencies, organizations, and individuals involved in applying preventive measures and combat against crime and other law violations related to the environment have the responsibility to strictly comply with decisions of competent authorities stipulated in Decree No. 72/2010/NĐ-CP and this Circular; they have the right to make proposals, complaints, and denunciations according to the law regarding decisions and actions of agencies and persons with authority during the process of applying and implementing preventive measures and combat against crime and other law violations related to the environment if there is evidence that such decisions and actions are contrary to the law.

Chapter II

SPECIFIC PROVISIONS

Article 5. Application of Professional Measures for Prevention and Combat Against Crime and Other Law Violations Related to the Environment

1. Professional measures for prevention and combat against crime and other law violations related to the environment stipulated in Clause 1 of Article 6 of Decree No. 72/2010/NĐ-CP (hereinafter referred to as professional measures) can only be applied when there are signs of environmental crimes or when there is evidence indicating direct connection to environmental crimes.

2. Authority to decide on the application of professional measures:

a) The Director General, Deputy Director General of the National Police Academy for Preventing and Combating Crime; the Director, Deputy Director of the Environmental Crime Prevention and Control Bureau; the Director, Deputy Director of Provincial Public Security Departments (collectively referred to as Provincial Public Security Departments) responsible for Police Affairs have the authority to decide on the application of professional measures stipulated in Clause 1 of Article 6 of Decree No. 72/2010/NĐ-CP.

b) The Head, Deputy Head of the Environmental Crime Prevention and Control Department of Provincial Public Security Departments; the Chief, Deputy Chief of County, District, City, and Town Public Security Departments (collectively referred to as County Public Security Departments) responsible for Police Affairs have the authority to decide on the application of professional measures stipulated in Points b, c, d, and đ of Clause 1 of Article 6 of Decree No. 72/2010/NĐ-CP.

3. The content, procedures, and formalities for applying professional measures must comply with the provisions of the law and guidance from the Ministry of Public Security.

Article 6. Application of Temporary Suspension Measures for Activities Directly Causing Environmental Pollution by Agencies, Organizations, and Enterprises

1. Temporary suspension measures for activities directly causing environmental pollution by agencies, organizations, and enterprises (hereinafter referred to as temporary suspension measures) are one of the urgent temporary measures stipulated in Point a, Clause 2 of Article 6 of Decree No. 72/2010/NĐ-CP, aimed at immediately stopping illegal acts related to environmental law, ensuring verification and clarification of illegal acts related to environmental law by agencies, organizations, and enterprises.

Temporary suspension measures can only be applied when agencies, organizations, and enterprises have illegal acts with signs of environmental crimes or serious violations of Articles 4, 5, 6, 7, 8, 9, 11, 13, 14, and 15 of Article 7 of the Environmental Protection Law 2005.

2. Authority to Apply Temporary Suspension Measures:

a) The Director of the Environmental Crime Prevention and Control Bureau;

    b) Director of the Provincial Public Security Department.

    The person issuing the decision to temporarily suspend operations shall be responsible under the law for their decision.

    3. In cases where the authorized persons specified in Points a and b of Clause 2 of this Article are absent, they may delegate their deputy to issue the decision to temporarily suspend operations. Such delegation must be made in writing. The delegated person shall be responsible for their decision before their superior and under the law, and shall not further delegate authority to another person.

    4. The decision to apply the temporary suspension measure must be in writing by the authorized person. The decision to temporarily suspend operations must clearly state the reasons, duration of application, start date of the temporary suspension measure, environmental protection measures that must be implemented, supervising agency, responsibilities of the agencies, organizations, enterprises subject to the temporary suspension measure; date, month, year of the decision; name, position, signature of the decision maker and stamp of the decision maker's agency.

    The decision to temporarily suspend operations must be sent to the agencies, organizations, enterprises subject to the temporary suspension measure and related agencies within three days from the date of issuance.

    5. The period of temporary suspension of operations shall not exceed fifteen (15) days from the date of implementation; in cases where the complexity of the matter requires it, the period of temporary suspension of operations may be extended, but the total time of temporary suspension shall not exceed thirty (30) days from the date of implementation.

    During the period of temporary suspension of operations, the agency that issued the decision must organize verification and clarify the violations of environmental protection laws by the agencies, organizations, enterprises, and propose and implement appropriate measures.

    Article 7. Requesting organizations and individuals to provide information, documents, assets, and items when there is evidence indicating their relevance to criminal offenses and other environmental law violations.

    1. The request for organizations and individuals to provide information, documents, assets, and items as stipulated in Clause 4, Article 6 of Decree No. 72/2010/NĐ-CP shall only be applied in cases where it is necessary to verify and clarify violations related to criminal offenses and other environmental law violations.

    2. The basis for requesting organizations and individuals to provide information, documents, assets, and items relevant to criminal offenses and other environmental law violations:

    a) There is information reporting or accusing criminal offenses and other environmental law violations;

    b) Results of investigations conducted by competent authorities according to the law regarding the involvement of organizations and individuals in criminal offenses and other environmental law violations;

    c) Recommendations from competent authorities during the investigation and handling of cases and incidents related to criminal offenses and other environmental law violations.

    3. Authority to issue decisions requesting organizations and individuals to provide information, documents, assets, and items relevant to criminal offenses and other environmental law violations:

a) The Director of the Environmental Crime Prevention and Control Bureau;

    b) Director of the Provincial Public Security Department;

    c) Head of the Environmental Crime Prevention Police Department of the Provincial Public Security Department;

    d) Head of the County Public Security Department.

    The person issuing the decision to request organizations and individuals to provide information, documents, assets, and items shall be responsible under the law for their decision.

    4. The authorized person issuing the decision to request organizations and individuals to provide information, documents, assets, and items may require representatives of the relevant organizations and individuals to come to their office to provide information, documents, assets, and items related to criminal offenses and other environmental law violations, or send officers directly to request the relevant organizations and individuals to provide such information, documents, assets, and items.

    5. In cases where the authorized persons specified in Points a, b, c, and d of Clause 3 of this Article are absent, they may delegate their deputy to issue the decision to request organizations and individuals to provide information, documents, assets, and items. Such delegation must be made in writing. The delegated person shall be responsible for their decision before their superior and under the law, and shall not further delegate authority to another person.

    6. Information, documents, assets, and items provided by organizations and individuals must be managed and used for the intended purpose; in cases where assets and items of organizations and individuals are lost, damaged, or missing, compensation must be provided according to the law.

    Article 8. Inspecting activities of organizations and individuals related to criminal offenses and other environmental law violations.

    1. Inspecting the activities of organizations and individuals related to criminal offenses and other environmental law violations as stipulated in Clause 5, Article 6 of Decree No. 72/2010/NĐ-CP is an administrative inspection activity carried out on an urgent basis when there is evidence as specified in Clause 2 of this Article to verify and clarify signs of criminal offenses and other environmental law violations by organizations and individuals.

    2. Basis for issuing inspection decisions:

    a) When signs of criminal offenses and other environmental law violations are discovered;

    b) There are accusations or reports about criminal offenses, and through preliminary verification, it has been initially determined that criminal offenses and other environmental law violations have occurred;

    c) Requests for resolving complaints and reports in the prevention and combat of criminal offenses and other environmental law violations.

    3. Authority to issue inspection decisions:

a) The Director of the Environmental Crime Prevention and Control Bureau;

    b) Director of the Provincial Public Security Department;

    c) Head of the County Public Security Department.

    4. In cases where the authorized persons specified in Points a, b, and c of Clause 3 of this Article are absent, they may delegate their deputy to issue inspection decisions. Such delegation must be made in writing. The delegated person shall be responsible for their decision before their superior and under the law, and shall not further delegate authority to another person.

    5. The inspection decision must be in writing. In the inspection decision, it shall clearly state the basis for inspection; the scope, object, content, tasks, methods of inspection; the deadline for inspection; the composition of the inspection team; the rights and responsibilities of those performing the inspection tasks; the rights and obligations of the inspected objects; the name, position, signature of the person issuing the decision and the stamp of the agency issuing the decision.

    The person issuing the inspection decision shall bear legal responsibility for their decision.

    6. The person assigned the task of inspection shall have the responsibility to inspect files, documents, books, certificates; inspect the implementation of laws on environmental protection such as environmental protection measures, environmental protection commitments; regular environmental monitoring activities; the management of various types of solid waste, hazardous waste; wastewater collection and treatment systems, exhaust gas, noise, and other contents recorded in the inspection decision.

    The inspection must be documented in a record, signed by representatives of the inspected organizations or individuals. In cases where the inspected organization or individual intentionally does not sign the inspection record, the inspection team shall have the responsibility to invite representatives of local authorities or witnesses to confirm in the inspection record.

    7. The maximum duration for direct inspection of each inspection is 5 (five) working days from the date of announcing the inspection decision. In necessary cases, the inspection period may be extended but shall not exceed 10 (ten) working days from the date of announcing the inspection decision.

    8. At the latest within 05 (five) days from the end of the inspection, the Head of the Inspection Team must submit a report to the person issuing the inspection decision about the inspection results.

    9. At the latest within 15 (fifteen) days from the date of receiving the inspection result report, the person issuing the inspection decision must issue an inspection conclusion document. The inspection conclusion document must be sent to the inspected object and reported to the head of the superior managing agency; the inspection conclusion of the Provincial Public Security Director must also be sent to the Criminal Police General Bureau (through the Environmental Crime Prevention Police Bureau) for monitoring.

    10. Responsibilities of agencies and staff conducting inspections:

    a) Implement the provisions of this Circular and other relevant laws; comply with confidentiality regulations, and shall not provide information or documents related to the inspection to persons without responsibility.

    b) Strictly prohibit conducting inspections without a decision from the competent authority or arbitrarily expanding the objects, contents, or scope of inspection, or using inspections to harass, create difficulties, or inconvenience production and business operations, or infringing upon the legitimate rights and interests of agencies, organizations, or individuals.

Chapter III

IMPLEMENTING PROVISIONS

    Article 9. Forms for applying preventive measures and combating environmental crimes and other violations of law

    Six forms are issued along with this Circular for use during the application of preventive measures and combating environmental crimes and other violations of law.

    Article 10. Effective Date

    This Circular takes effect from November 15, 2012.

    Article 11. Responsibility for Implementation

    1. Directors of General Bureaus under the Ministry, Heads of Units under the Ministry, Provincial Public Security Directors, Directors of Fire Prevention and Fighting Departments; agencies, organizations, and individuals related to the enforcement of laws on environmental protection and prevention and combating environmental crimes and other violations of law shall be responsible for implementing this Circular.

    2. The Criminal Police General Bureau shall be responsible for organizing the implementation and guiding and supervising the implementation of this Circular.

    During the implementation of this Circular, if there are difficulties or obstacles arising, public security units at all levels, agencies, organizations, and individuals related shall reflect to the Ministry of Public Security (through the Criminal Police General Bureau) for timely guidance./.