Decree No. 72/2010/NĐ-CP on preventive measures and combating environmental crimes and other violations of environmental laws

DECREE

Provisions on prevention and combating environmental crimes and other violations of environmental laws

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THE GOVERNMENT

Pursuant to the Criminal Code of 1999; Law Amending and Supplementing Certain Articles of the Criminal Code of 2009;

Pursuant to the Criminal Procedure Code 2003;

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

Pursuant to the Public Security Law dated November 29, 2005;

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.

Based on the Ordinance on Criminal Investigation Organization dated August 20, 2004; the Ordinance amending and supplementing Clause 9 of the Ordinance on Criminal Investigation Organization 2004 dated December 14, 2006; the Ordinance amending and supplementing certain articles of the Ordinance on Criminal Investigation Organization 2004 dated February 27, 2009;

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 Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the organization and activities for preventing and combating environmental crimes and other violations of environmental laws; responsibilities of state agencies and international cooperation in the field of preventing and combating environmental crimes and other violations of environmental laws.

Article 2. Applicability

This Decree applies to officials and soldiers engaged in preventing and combating environmental crimes and other violations of environmental laws; state agencies, organizations, and citizens of the Socialist Republic of Vietnam; organizations and foreigners residing and operating within the territory of the Socialist Republic of Vietnam.

Article 3. Principles in preventing and combating environmental crimes and other violations of environmental laws

1. Prevention and combat against environmental crimes and other violations of environmental laws shall be under the centralized and unified direction of the Government; the Ministry of Public Security assists the Government in managing the state's affairs regarding the prevention and combat against environmental crimes and other violations of environmental laws.

2. Compliance with legal regulations; respect for the rights and legitimate interests, normal operations of agencies, organizations, and individuals; ensuring economic development and social security.

3. Prevention and combat against environmental crimes and other violations of environmental laws must be conducted regularly, continuously, promptly, and effectively.

4. State agencies, organizations, and citizens of the Socialist Republic of Vietnam; organizations and foreigners residing and operating within the territory of the Socialist Republic of Vietnam have the right, duty, and responsibility to strictly implement environmental laws and the requirements of specialized agencies and officials responsible for preventing and combating environmental crimes and other violations of environmental laws while performing their duties.

5. International cooperation in the field of preventing and combating environmental crimes and other violations of environmental laws must be based on the principles of respecting national independence, sovereignty, and territorial integrity, mutual benefit, and carried out according to Vietnamese law, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 4. Definitions

In this Decree, the following terms are understood as follows:

1. Specialized agencies for preventing and combating environmental crimes and other violations of environmental laws are the Environmental Crime Prevention and Combating Police force under the Public Security sector.

2. Individual are Vietnamese citizens, overseas Vietnamese, and foreigners residing and operating in Vietnam.

3. Organization are enterprises, business associations, individual households engaged in production and business activities, and other organizations established legally in accordance with the law and operating within the territory of Vietnam.

Chapter II

CONTENTS, MEASURES, AND CONDITIONS TO ENSURE THE ACTIVITIES OF PREVENTING AND COMBATING ENVIRONMENTAL CRIMES AND OTHER VIOLATIONS OF ENVIRONMENTAL LAWS

Article 5. Contents of prevention and combat against environmental crimes and other violations of law

1. Advising and proposing to build policies, plans, and legal documents on prevention and combat against environmental crimes and other violations of law.

2. Directing, inspecting, and implementing preventive measures and combat against environmental crimes and other violations of law; organizing state management on the environment within the People's Public Security.

3. Organizing investigative activities in accordance with the Criminal Procedure Code, the Ordinance on Criminal Investigation Organization, and inspecting and handling other violations of environmental laws as prescribed by law.

4. Participating in evaluation councils for strategic environmental impact assessments and environmental impact assessments of investment projects.

5. Studying and applying scientific and technological progress into work on prevention and combat against environmental crimes and other violations of law.

6. Propaganda, dissemination, and education on environmental laws, and work on prevention and combat against environmental crimes and other violations of law.

7. Training and enhancing professional skills in prevention and combat against environmental crimes and other violations of law.

8. International cooperation in the field of prevention and combat against environmental crimes and other violations of law.

Article 6. Measures for organization of prevention and combat against environmental crimes and other violations of law

1. In prevention and combat against environmental crimes and other violations of law, specialized agencies responsible for preventing and combating environmental crimes and other violations of law may apply the following professional measures:

a) Using science and technology, technical means to monitor, supervise, collect information on the activities of subjects violating environmental laws and detect tools, means, methods of violating environmental laws;

b) Deploying personnel to infiltrate and understand criminal activities related to the environment to discover information, documents, objects related to environmental crimes and criminals;

c) Inspecting residences, workplaces, transportation means, and other locations used by individuals suspected of committing environmental crimes to collect information, documents, tools, and means related to environmental crimes;

d) Implementing professional measures to make offenders reveal places where they hide tools, means, items, and objects related to environmental crimes;

đ) Deploying forces to monitor the activities of environmental crime offenders;

e) Cooperating with relevant agencies of other countries to implement requests for cooperation in combating organized and transnational environmental crimes.

2. During the process of prevention and combat against environmental crimes and other violations of law, specialized agencies responsible for preventing and combating environmental crimes and other violations of law may apply the following urgent and temporary measures:

a) Temporarily suspending activities directly related to causing environmental pollution by agencies, organizations, enterprises;

b) Sealing up or temporarily seizing, confiscating assets, objects, means violating the law;

c) Temporarily detaining violators;

d) Other preventive measures as prescribed by law.

3. Seizing samples, documents, evidence related to violations of environmental laws for inspection.

4. Requesting organizations and individuals to provide information, documents, assets, objects when there is evidence indicating their relevance to environmental crimes and other violations of law.

5. Having the right to inspect and suspend activities related to environmental crimes and other violations of law when sufficient grounds exist as prescribed by law.

6. The authority, procedures, and formalities for prevention and combat against environmental crimes and other violations of law by specialized agencies shall be implemented in accordance with criminal law, criminal procedure law, the Ordinance on Criminal Investigation Organization, the Ordinance on Administrative Violation Handling, and other relevant legal provisions.

7. Professional measures prescribed in Clause 1 of this Article must be carried out strictly in accordance with the Ministry of Public Security regulations. Information and documents related to professional measures must be managed under confidential document regulations. Strictly prohibiting disclosure, fabrication, appropriation, destruction, or illegal use of such information and documents.

Police officers and collaborators assigned tasks by specialized agencies to implement professional measures prescribed in Points b, c, d of Clause 1 of this Article shall be protected and kept secret. Specialized agencies responsible for preventing and combating environmental crimes and other violations of law have the responsibility to coordinate with relevant agencies to apply necessary measures to ensure the safety of life, health, rights, and legitimate interests of police officers and collaborators. If the person assigned the task abuses these measures to violate the law or exceeds the assigned task, they will be dealt with according to the law.

Article 7. Organizational structure of specialized agencies for crime prevention and punishment of other violations of environmental laws

Specialized agencies for crime prevention and punishment of other violations of environmental laws shall be established at the Ministry of Public Security, provincial public security departments, and district-level public security offices. The organizational structure, functions, tasks, and powers of these specialized agencies at each level shall be specified by the Minister of Public Security.

Article 8. Enhancing the capacity of agencies for crime prevention and punishment of other violations of environmental protection laws

1. The State shall have preferential policies for the Ministry of Public Security to select competent officials and experts to serve in crime prevention and combat against environmental crimes and other violations of environmental laws, and to send qualified personnel to study and train at domestic and foreign training institutions.

2. The State shall ensure that specialized agencies are equipped with various types of professional means and tools including technical equipment for detecting, collecting, storing information, documents, and samples; communication devices, transportation means; modern information technology systems, and necessary weapons and support tools to effectively carry out crime prevention and combat against environmental crimes and other violations of environmental laws.

3. The State shall ensure investment and upgrading of the Environmental Testing Center under the Ministry of Public Security to meet national standards to serve crime prevention and combat against environmental crimes and other violations of environmental laws.

Article 9. Coordination in crime prevention and punishment of other violations of environmental laws

1. At each level within their respective functions, tasks, and powers, specialized agencies for crime prevention and punishment of other violations of environmental laws shall be responsible for:

a) Taking the lead and coordinating with other agencies, organizations, and individuals to develop plans and organize crime prevention and punishment of other violations of environmental laws;

b) Receiving and handling reports and accusations about crimes and other violations of environmental laws; conducting certain investigative activities and handling violations of environmental laws when such crimes or violations are discovered by themselves or transferred by other agencies, organizations, and individuals in accordance with the law;

c) Summarizing and reporting to participating agencies and organizations on the results of coordination in preventing and combating environmental crimes and other violations of environmental laws.

2. Within their respective duties and powers, agencies, organizations, and individuals shall be responsible for:

a) Timely identifying, providing, and transferring to specialized agencies for crime prevention and punishment of other violations of environmental laws and authorized criminal investigation agencies any reports, accusations, and related information, documents, and items concerning environmental crimes and other violations of environmental laws;

b) Fulfilling requests from specialized agencies for crime prevention and punishment of other violations of environmental laws and authorized criminal investigation agencies in the work of detecting, investigating, preventing, and combating environmental crimes; cooperating and creating conditions for these agencies to perform their assigned tasks.

Article 10. System of policies and benefits

Officials and soldiers belonging to specialized agencies for crime prevention and punishment of other violations of environmental laws shall enjoy the system of policies and benefits stipulated by law for People's Police officials and soldiers, in addition to the following:

1. Enjoying hazardous duty allowances as prescribed by law.

2. Being provided with protective equipment to prevent pollution while performing official duties.

3. In special cases, they may be granted salary increases and rank promotions one grade higher than the maximum rank allowed for each position.

Article 11. Funding for preventive work and combating criminal offenses and other violations of environmental laws

1. The funding for preventive work and combating criminal offenses and other violations of environmental laws shall be guaranteed by the State from the annual state budget allocated to the Ministry of Public Security.

2. Preventive work and combating criminal offenses and other violations of environmental laws also receive support from the annual environmental public service expenditure and fines collected for administrative violations in the environmental sector and recovered environmental fees discovered and handled by the police force. This funding is used for the following purposes:

a) Supporting preventive work and combating criminal offenses and other violations of environmental laws.

b) Purchasing equipment and means of transportation serving preventive work and combating criminal offenses and other violations of environmental laws;

c) Supporting advisory, guidance, scientific research, summary and review of specialized business topics and special cases; researching and building, perfecting regulatory legal documents on the environment;

d) Supporting training, instruction, and popularizing environmental law education;

đ) Supporting individuals and families whose relatives have been injured or sacrificed in preventive work and combating criminal offenses and other violations of environmental laws;

e) Awarding collectives and individuals with outstanding achievements in preventive work and combating criminal offenses and other violations of environmental laws;

g) Appraising and examining environmental samples for preventive work and combating criminal offenses and other violations of environmental laws;

h) International conferences, seminars, and cooperation on preventive work and combating criminal offenses and other violations of environmental laws.

Article 12. Mobilizing scientific and technological potential to serve preventive work and combating criminal offenses and other violations of environmental laws

Specialized agencies shall mobilize scientific and technological potential to serve preventive work and combating criminal offenses and other violations of environmental laws. The mobilization of scientific and technological potential shall be carried out in accordance with the provisions of Decree No. 169/2007/ND-CP dated November 19, 2007, of the Government on mobilizing scientific and technological potential to serve public security work.

Chapter III

RESPONSIBILITIES OF STATE AGENCIES IN PREVENTING AND COMBATING CRIMINAL OFFENSES AND OTHER VIOLATIONS OF ENVIRONMENTAL LAWS

Article 13. Responsibilities of the Ministry of Public Security

1. Organizing forces for prevention, detection, and combating criminal offenses and other violations of environmental laws in accordance with the Criminal Procedure Code, the Law on People's Police, the Ordinance on Criminal Investigation Organization, and this Decree.

2. Taking the lead and coordinating with the Ministry of Natural Resources and Environment and relevant agencies to build and implement strategies, policies, plans for preventive work and combating criminal offenses and other violations of environmental laws.

3. Organizing the reception and processing of information on criminal offenses and other violations of environmental laws; transferring materials and case files that may be related to environmental law violations to competent state authorities for inspection, examination, and handling in accordance with the law.

4. Organizing the application of scientific and technological progress and information technology in preventive and combating criminal offenses and other violations of environmental laws; exchanging necessary information and materials during the investigation and discovery of environmental law violations with the Ministry of Natural Resources and Environment.

5. Training and developing cadres engaged in preventive work and combating criminal offenses and other violations of environmental laws.

6. Advising and building strategies, policies, and legal regulations on preventing and combating criminal offenses and other violations of environmental laws.

7. Coordinating with the Ministry of Natural Resources and Environment, the Ministry of Planning and Investment, and the Ministry of Finance to develop short-term and long-term plans and budgets for environmental public service expenditures serving preventive work and combating criminal offenses and other violations of environmental laws, submitting them to the Prime Minister for approval and organizing their implementation in accordance with the law.

Article 14. Responsibilities of the Ministry of Natural Resources and Environment

1. Taking the lead and coordinating with relevant ministries, provincial people's committees under the central government, the Vietnam Fatherland Front, and its member organizations to promote and disseminate policies, laws, and results of investigations and handling of criminal offenses and other violations of environmental laws.

2. Guiding, inspecting, and organizing the implementation of environmental protection policies and laws; coordinating with relevant ministries to review, adjust, and convert current Vietnamese standards on the environment, issuing new environmental technical standards and norms; establishing mechanisms for socialization, supervision, and inspection of the environment.

3. Organizing inspections, examinations, and timely, strict handling of violations of environmental protection laws within their functions, tasks, and powers; suspending operations of production and business establishments and services without waste treatment systems, facilities, and measures to address environmental incidents. Closely coordinating with the Ministry of Public Security in exchanging information, inspections, examinations, and handling of environmental law violations.

4. Cooperating with the Ministry of Public Security to enhance the capacity of specialized agencies responsible for preventing and combating criminal offenses and other violations of environmental laws.

Article 15. Responsibilities of the Ministry of Finance

Taking the lead and coordinating with the Ministry of Public Security, the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, and relevant ministries to develop and submit to the Government and the Prime Minister short-term and long-term budget plans and estimates for environmental public service expenditures serving preventive and combating criminal offenses and other violations of environmental laws.

Article 16. Responsibilities of Ministries, ministerial-level agencies, and agencies under the Government

1. To guide and inspect units under their management to implement the provisions of this Decree.

2. Conduct inspections and checks for violations of environmental protection laws according to their functions, tasks, and legal provisions; cooperate and support specialized agencies responsible for preventing and combating environmental crimes and other illegal activities, and other agencies under the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court in investigating, prosecuting, and adjudicating environmental crimes.

Article 17. Responsibilities of People's Committees at All Levels

1. Guide subordinate units and departments to study and implement the provisions of this Decree within their respective functions and tasks.

2. Closely coordinate with competent state agencies to implement and urge the implementation of policies, guidelines, strategies, and plans for preventing and combating environmental crimes and other illegal activities.

3. Allocate funds for preventive work and combating environmental crimes and other illegal activities from the State’s environmental事业支出。从上下文来看，这里的“kinh phí sự nghiệp môi trường”指的是“环境事业经费”，因此翻译为“allocate funds for preventive work and combating environmental crimes and other illegal activities from the State’s environmental sector budget allocated to provinces.”更加准确和符合语境。

Chapter IV

INTERNATIONAL COOPERATION IN PREVENTION AND COMBATING ENVIRONMENTAL CRIMES AND OTHER ILLEGAL ACTIVITIES

Article 18. Responsibilities of the Ministry of Public Security in international cooperation in prevention and combating environmental crimes and other illegal activities

1. Negotiate, sign, and organize the implementation of international treaties and agreements in the field of information exchange and prevention and combating environmental crimes and other illegal activities in accordance with the Law on Ratification, Accession, and Implementation of International Treaties 2005 and the Ordinance on Signing and International Agreements 2007.

2. Propose the signing and accession to international extradition treaties for environmental crimes; carry out the acceptance of extradition requests and organize the execution of extradition decisions for environmental criminals; conduct criminal judicial assistance activities in prevention and combating environmental crimes and other illegal activities in accordance with the Law on Mutual Legal Assistance 2007.

Article 19. Contents, forms, and requirements for international cooperation in prevention and combating environmental crimes and other illegal activities

1. Contents of cooperation:

a) Cooperate in detecting, preventing, and investigating and handling environmental crimes and other illegal activities in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party;

b) Propose negotiations, signing, and implementing international treaties and agreements on prevention and combating environmental crimes and other illegal activities;

c) Collect, research, and exchange information and experiences in prevention and combating environmental crimes and other illegal activities;

d) Cooperate in training and enhancing professional skills in prevention and combating environmental crimes and other illegal activities for relevant officials and staff;

đ) Organize conferences and seminars on issues related to prevention and combating environmental crimes and other illegal activities;

e) Carry out mutual legal assistance and extradition requests in investigations, prosecutions, trials, and enforcement of sentences for environmental crimes;

g) Provide material, technical, and technological support, and enhance the capacity of specialized agencies responsible for preventing and combating environmental crimes and other illegal activities.

2. Forms and requirements for cooperation:

a) Cooperation requests must be submitted in writing, signed by the responsible person, and stamped by the authorized agency of the requesting country;

b) Depending on the content, the cooperation request must be sent to the authorized agency as stipulated by the Law on Mutual Legal Assistance 2007;

c) The content of the cooperation request must include the following elements: name of the organization, requesting and receiving countries; purpose, nature, and duration of the request; deadline for providing support; details and characteristics related to the cooperation requests; copies of evidence and final judgments of the authorized agency of the requesting country.

3. Refusal to cooperate in the following cases:

a) Cooperation requests that harm Vietnam's independence, sovereignty, national security, or other important interests;

b) Cooperation requests that are inconsistent with international treaties to which Vietnam is a party;

c) Cooperation requests that do not fully comply with Clause 2 of this Article or where the person referred to in the cooperation request has been or is being investigated, prosecuted, or tried for environmental crimes by competent Vietnamese authorities in accordance with Vietnamese law.

Chapter V

IMPLEMENTING PROVISIONS

Article 20. Effective Date

This Decree takes effect from September 1, 2010.

Article 21. Responsibility for Implementation

1. The Ministry of Public Security shall take the lead and coordinate with relevant ministries and sectors to guide and supervise the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.