Decree No. 65/2006/NĐ-CP On the organization and operation of Environmental Protection Inspectorate

DECREE

On the organization and operation of the Environmental Resources Inspectorate

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THE GOVERNMENT

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

Pursuant to the Inspection Law dated June 15, 2004;

Based on the Land Law dated November 26, 2003;

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Pursuant to the Minerals Law dated March 20, 1996; and the Law Amending and Supplementing Certain Provisions of the Minerals Law dated June 14, 2005;

Pursuant to the Water Resources Law dated May 20, 1998;

Pursuant to the Ordinance on Exploitation and Protection of Hydro-meteorological Works dated December 2, 1994;

Pursuant to the Ordinance on Handling Administrative Violations dated July 2, 2002;

Considering the proposal of the Minister of Natural Resources and Environment.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Position and functions of the Environmental Resources Inspectorate

The Environmental Resources Inspectorate is an inspectorate under the sector and field, including the Inspectorate of the Ministry of Natural Resources and Environment (hereinafter referred to as the Inspectorate of the Ministry) and the Inspectorate of the Department of Natural Resources and Environment (hereinafter referred to as the Inspectorate of the Department), performing administrative inspection and specialized inspection functions concerning land resources, water resources, mineral resources, environment, hydro-meteorology, surveying and mapping (hereinafter collectively referred to as natural resources and environment) in accordance with the provisions of the law.

Article 2. Objects of the Environmental Resources 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 having activities related to the natural resources and environment sector in Vietnam.

In case international treaties to which the Socialist Republic of Vietnam is a party provide otherwise than this Decree, the provisions of such international treaties shall apply.

Article 3. Principles of operation of the Environmental Resources Inspectorate

1. Natural resources and environmental inspections must comply with the law; ensuring accuracy, objectivity, honesty, transparency, democracy, and timeliness; not hindering the normal operations of inspected agencies, organizations, and individuals and those related to them.

2. When conducting inspections, the person issuing the inspection decision, the head of the Inspectorate agency, the Chief of the Inspection Team, the Inspector, and members of the Inspection Team must be responsible before the law for their actions and decisions.

Article 4. Relationships of the Environmental Resources Inspectorate

1. The Inspectorate of the Ministry is directly guided by the Minister of Natural Resources and Environment, while also being guided by the Government Inspectorate regarding work, organization, and inspection procedures.

2. The Inspectorate of the Department is directly guided by the Director of the Department of Natural Resources and Environment; it is guided by the provincial or centrally-administered city Inspectorate regarding administrative inspection work and procedures, and by the Inspectorate of the Ministry regarding specialized inspection work and procedures.

3. Within the scope of its duties and powers, the Environmental Resources Inspectorate has the responsibility to coordinate with other relevant agencies in exercising inspection rights and preventing, detecting, and handling violations of laws in the natural resources and environment sector.

Article 5. Responsibilities of relevant agencies in the operation of the Environmental Resources Inspectorate

Heads of public security agencies, specialized inspection agencies, and other relevant agencies within the scope of their duties and powers have the responsibility to coordinate with the Environmental Resources Inspectorate in preventing, detecting, and handling violations of laws concerning natural resources and environment.

Article 6. Responsibilities of the Head of State Administrative Management Authority in the Activities of the Natural Resources and Environment Inspectorate

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

2. The Chairman of the People's Committee of provinces and centrally governed cities (hereinafter referred to collectively as the provincial People's Committee) shall be responsible for organizing and equipping material infrastructure, technical equipment, and uniforms for the Department's Inspectorate.

3. The Director of the Department of Natural Resources and Environment shall be responsible for directing and ensuring conditions for the operation of the Department's Inspectorate; promptly handling conclusions and recommendations of the Department's Inspectorate in accordance with the provisions of the law.

Chapter II

ORGANIZATION OF THE NATURAL RESOURCES AND ENVIRONMENT INSPECTORATE

Article 7. Organization of the Natural Resources and Environment Inspectorate

1. The organization of the Natural Resources and Environment Inspectorate includes:

a) The Ministry of Natural Resources and Environment Inspectorate;

b) The Department of Natural Resources and Environment Inspectorate.

2. The Ministry Inspectorate and the Department Inspectorate have their own seals.

Article 8. Ministry of Natural Resources and Environment Inspectorate

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

The Ministry Inspectorate has departments established by the Minister of Natural Resources and Environment.

2. The Ministry Inspectorate 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 consultation with the General 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 specifies in detail the tasks, powers, organization, and staffing of the Ministry Inspectorate.

Article 9. Department of Natural Resources and Environment Inspectorate

1. The Department Inspectorate is an agency under the Department of Natural Resources and Environment, performing administrative inspection and specialized inspection tasks within the scope of provincial People's Committees’ state management over natural resources and environment.

2. The Department Inspectorate has the Chief Inspector, Deputy Chief Inspectors, and Inspectors.

The Chief Inspector of the Department is appointed, relieved, or dismissed by the Department Director after consultation with the Provincial Chief Inspector; Deputy Chief Inspectors and Inspectors are appointed, relieved, or dismissed according to the provisions of the law.

3. Based on local management requirements and tasks, the provincial People's Committee specifies in detail the organization, staffing, and operations of the specialized natural resources and environment inspectorate following the guidelines of the Ministry of Natural Resources and Environment and the Ministry of Home Affairs.

Chapter III

TASKS AND POWERS

OF THE NATURAL RESOURCES AND ENVIRONMENT INSPECTORATE

Section 1

DUTIES AND POWERS OF THE INSPECTORATE

MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

Article 10. Duties and Powers of the Ministry of Natural Resources and Environment Inspectorate

1. To take the lead or participate in drafting normative legal documents submitted to the Minister of Natural Resources and Environment for recommendation to competent authorities to amend, supplement, or promulgate normative legal documents consistent with the requirements of state management over natural resources and environment.

2. To perform administrative inspection duties as stipulated in Clause 1, Article 16 of this Decree.

3. To perform specialized natural resources and environment inspection duties as stipulated in Clause 2, Article 16 of this Decree.

4. To impose administrative penalties in accordance with the law on administrative violations.

5. To recommend competent authorities to suspend illegal actions of organizations and individuals when there is sufficient evidence to determine that such violations cause damage to national interests, citizens' rights, and legitimate benefits; to recommend competent authorities to suspend the implementation or revoke documents contrary to the provisions of the law on natural resources and environment; to recommend the handling of civil servants who violate their duties discovered through inspection work.

6. To monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspection by the Ministry Inspectorate.

7. To assist the Minister of Natural Resources and Environment in organizing citizen reception, handling complaints and denunciations in accordance with the law.

8. To perform anti-corruption prevention and combat duties in accordance with the law.

9. To guide specialized natural resources and environment inspection business for the Department Inspectorate; to guide and inspect units under the Ministry in implementing legal provisions on inspection work.

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

11. To perform other tasks assigned by the Minister of Natural Resources and Environment.

Article 11. Duties and Authorities of the Inspector General of the Ministry of Natural Resources and Environment

1. Leading and directing inspection work within the scope of the Ministry of Natural Resources and Environment's state management.

2. Developing inspection programs and plans to be submitted to the Minister of Natural Resources and Environment for approval and organizing their implementation.

3. Submitting to the Minister of Natural Resources and Environment for decision to conduct inspections when signs of law violations are detected.

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

5. Recommending the Minister of Natural Resources and Environment to temporarily suspend the execution of decisions made by organizations or individuals directly under the Ministry's management if 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. Recommending the Minister of Natural Resources and Environment to consider responsibility and handle persons who commit violations under the Minister's management; coordinating with heads of agencies and organizations in considering responsibility and handling persons who commit violations under those agencies' and organizations' management.

8. Recommending the Minister of Natural Resources and Environment to resolve issues related to inspection work; in case the recommendation is not accepted, reporting to the Chief Inspector.

9. Performing other duties and authorities as prescribed by law.

Section 2

TASKS AND POWERS

OF THE INSPECTOR OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

Article 12. Duties and Authorities of the Inspector of the Department of Natural Resources and Environment

1. Performing administrative inspection duties as stipulated in Clause 1, Article 16 of this Decree.

2. Performing specialized natural resources and environment inspection duties as stipulated in Clause 2, Article 16 of this Decree.

3. Imposing administrative penalties according to laws on administrative violation handling.

4. Conducting inspections of cases assigned by the Director of the Department of Natural Resources and Environment.

5. Performing tasks related to handling complaints and denunciations as prescribed by laws on complaints and denunciations.

6. Performing tasks related to preventing and combating corruption as prescribed by laws on anti-corruption.

7. Guiding and supervising subordinate units of the Department of Natural Resources and Environment in implementing laws on inspection work; providing guidance on inspection procedures to Inspectors.

8. Summarizing and reporting results of inspection work, complaint and denunciation resolution, and anti-corruption efforts within the scope of the Department of Natural Resources and Environment's state management to relevant management agencies as prescribed.

9. Performing other duties and authorities as prescribed by law.

Article 13. Duties and Authorities of the Inspector General of the Department of Natural Resources and Environment

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

2. Developing inspection programs and plans to be decided by the Director of the Department of Natural Resources and Environment and organizing their implementation.

3. Submitting to the Director of the Department of Natural Resources and Environment for decision to conduct inspections 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 inspection teams, 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 directly under the Department's management if there is evidence that such decisions contravene the law or affect inspection activities; recommending the Director of the Department of Natural Resources and Environment to consider responsibility and handle persons who commit violations under the Department's 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 the recommendation is not accepted, reporting to the Inspector General of the province and simultaneously reporting to the Inspector General of the Ministry of Natural Resources and Environment.

8. Performing other duties and authorities as prescribed by law.

Section 3

ENVIRONMENTAL INSPECTORS,

ENVIRONMENTAL INSPECTION COLLABORATORS

Article 14. Environmental Inspection Officers

1. Environmental Inspection Officers are civil servants appointed to the inspection rank to perform inspection tasks.

2. Environmental Inspection Officers must meet the conditions and standards and enjoy benefits and policies as prescribed by law.

3. When performing inspection work, Environmental Inspection Officers have responsibilities and authorities as stipulated in Articles 33, 40, and 50 of the Inspection Law and other relevant laws.

Article 15. Collaborators for Environmental Inspections

1. Collaborators for Environmental Inspections are individuals recruited by Environmental Inspections to perform inspection tasks.

2. The recruitment, standards, benefits, and responsibilities of Collaborators for Environmental Inspections shall be implemented according to the provisions of Article 32 of the Inspection Law and other relevant laws.

Chapter IV

ENVIRONMENTAL INSPECTION ACTIVITIES

Article 16. Content of environmental inspection activities

1. Administrative Inspection

Inspect compliance with policies, laws, and assigned tasks of agencies, organizations, and individuals under the direct management of the same-level head. The content, procedures, and methods for conducting administrative inspections are carried out according to Articles 34 to 44 of the Inspection Law and guiding documents for implementing the Inspection Law.

2. Specialized Inspection

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

a) Land resources;

c) Geology and minerals;

c) Mineral resources;

d) Environment;

d) Meteorology and hydrology;

f) Sea and islands;

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

Article 17. Forms of inspection

1. Inspection activities are conducted in the form of planned inspections and ad hoc inspections.

2. Planned inspections are carried out according to approved programs and plans.

3. Ad hoc inspections are conducted when agencies, organizations, or individuals show signs of violating the law, upon request for handling complaints or denunciations, or at the direction of the competent state management authority head.

Article 18. Methods of inspection activities

1. Inspections are carried out through inspection teams or individual inspectors.

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

3. An inspection decision from the head of the Environmental Inspection agency or the same-level state management authority must be made when conducting inspections.

4. The team leader or individual inspector must bear responsibility before the law and the person issuing the inspection decision for their decisions and measures taken.

5. When handling violations, the team leader or individual inspector must fully comply with the procedures prescribed by law.

Article 19. Rights, obligations, and responsibilities of inspected entities

Inspected entities have rights, obligations, and responsibilities as stipulated in Clause 1 of Article 8, Articles 53 and 54 of the Inspection Law, and other relevant legal documents.

Chapter V

MATERIAL AND TECHNICAL BASES AND OPERATING EXPENSES

Article 20. Material and Technical Bases

1. The Natural Resources and Environment Inspectorate shall be equipped with means of transport, technical equipment, uniforms, insignia, rank badges, and signs.

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

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

a) Means of transport and technical equipment of the Natural Resources and Environment Inspectorate;

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

Article 21. Operating Funds

The operating funds of the Natural Resources and Environment

The establishment, issuance, management, use, 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 22. Reward

Organizations and individuals who have achievements in the activities of Natural Resources and Environment Inspection shall be rewarded in accordance with the provisions of the law.

Article 23. 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 inspection activities shall be subject to handling according to the provisions of Article 51 of Decree No. 41/2005/NĐ-CP dated March 25, 2005 of the Government detailing and guiding the implementation of certain articles of the Law on Inspection and other related legal documents, depending on the nature and severity of the violation.

Chapter VII

IMPLEMENTING PROVISIONS

Article 24. Effective Date

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

Article 25. Responsibilities 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.