Circular No. 83/2019/TT-BCA on the implementation of democracy in the work of Environmental Police

CIRCULAR
Regulations on Implementing Democracy

in the work of Environmental Police

Pursuant to the Environmental Police Ordinance dated December 23, 2014;

Pursuant to Decree No. 04/2015/NĐ-CP dated January 9, 2015 of the Government on implementing democracy in the activities of administrative state agencies and public service units;

Pursuant to Decree No. 105/2015/NĐ-CP dated October 20, 2015 of the Government detailing the implementation of certain provisions of the Environmental Police Ordinance;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Environmental Crime Prevention Police Department;

The Minister of Public Security issues this Circular on implementing democracy in the work of Environmental Police.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the purpose, principles, and contents of implementing democracy in the work of preventing and combating crimes and violations of laws related to environmental protection, natural resources, and food safety (hereinafter referred to as environmental protection, natural resources, and food safety) of Environmental Police.

Article 2. Applicability

This Circular applies to units and local police agencies (hereinafter referred to as police agencies); People's Public Security officers; agencies, organizations, and individuals with rights and obligations related to the activities of Environmental Police.

Article 3. Purpose of Implementing Democracy in the Work of Environmental Police

Implementing democracy in the work of Environmental Police aims to promote the right to self-management of agencies, organizations, and individuals in the work of preventing and combating crimes and violations of laws related to environmental protection, natural resources, and food safety; mobilize the combined strength of agencies, organizations, and individuals to participate in the work of preventing and combating crimes and violations of laws related to environmental protection, natural resources, and food safety; contribute to building a clean, strong, effective Environmental Police force that combats negative phenomena, avoids causing difficulties, harassment, and infringement upon the legitimate rights and interests of agencies, organizations, and individuals.

Article 4. Principles of Implementing Democracy in the Work of Environmental Police

Clause 1. Compliance with the Constitution, laws, and regulations of the Ministry of Public Security.

Clause 2. It is not permissible to abuse democracy to infringe upon the legitimate rights and interests of agencies, organizations, and individuals; obstruct the lawful activities of Environmental Police.

Chapter II

SPECIFIC PROVISIONS

Article 5. Contents That Environmental Police Must Disclose

Point 1. Office and workplace of Environmental Police; direct phone number of the unit; person authorized to handle complaints, letters, and reports from agencies, organizations, and individuals regarding violations of laws in the field of environmental protection, natural resources, and food safety.

Point 2. Policies, laws on environmental protection, natural resources, and food safety within the responsibilities of Environmental Police relevant to agencies, organizations, and individuals.

Point 3. Duties and powers of Environmental Police officers when working with agencies, organizations, and individuals (excluding matters within the scope of state secrets or operational secrets).

Point 4. Violations of laws on environmental protection, natural resources, and food safety and their consequences (if any) that Environmental Police have handled during the performance of their functions and duties towards relevant agencies, organizations, and individuals (excluding matters within the scope of state secrets or operational secrets).

Article 6. Forms of Disclosure

Depending on the characteristics, nature, and content to be disclosed, the Public Security agency shall apply one, several, or all of the following forms of disclosure:

Point 1. Posting at the reception area for citizens of the police agency.

Point 2. Announcing on the electronic information website of the police agency (if available).

3. Announcing through mass media.

4. Announcing during meetings with agencies, organizations, and individuals.

Point 5. Other appropriate forms.

Article 7. Rights and responsibilities of agencies, organizations, and individuals

1. Proactively understand the State's policies, laws on environmental protection, natural resources, food safety; cases of violations of laws on environmental protection, natural resources, food safety occurring within their own agencies and organizations that have been concluded by competent authorities.

2. Participate in providing opinions to the leadership of the Public Security agency generally and the Head of the Environmental Police unit regarding the activities of Environmental Police officers and soldiers, promptly reflecting negative behaviors and causing inconvenience of Environmental Police officers and soldiers towards production and business activities.

3. Discover and provide information and materials about crimes and violations of laws on environmental protection, natural resources, food safety to the Environmental Police or the nearest Public Security agency. Sources of information and persons who discover and provide information are guaranteed confidentiality according to the provisions of the law.

4. Report and explain fully and accurately information and materials related to acts violating laws on environmental protection, natural resources, food safety as required by the Environmental Police and bear responsibility under the law for the accuracy and truthfulness of the reported and explained contents.

5. Strictly comply with the provisions of laws on environmental protection, natural resources, food safety, cooperate and assist Environmental Police officers and soldiers in performing their duties.

Article 8. Responsibilities of the Environmental Police

1. The Environmental Police has the responsibility to coordinate with competent authorities to inspect compliance with laws on environmental protection, natural resources, food safety by agencies, organizations, and individuals; require agencies, organizations, and individuals to explain acts suspected of being criminal or administrative violations concerning environmental protection, natural resources, food safety, provide information, materials, and objects to clarify acts violating laws on environmental protection, natural resources, food safety.

2. The Environmental Police has the responsibility to coordinate with other forces, use means, and apply measures of public security work according to the provisions of the law and the Ministry of Public Security to prevent and combat crimes and violations of laws on environmental protection, natural resources, food safety; identify causes and conditions leading to crimes and violations of laws on environmental protection, natural resources, food safety to propose measures to prevent and remedy to competent state authorities.

3. Environmental Police officers and soldiers when performing tasks at agencies and organizations must comply with the provisions of the law, the Ministry of Public Security, and be responsible before the Head of the unit for the work they have carried out.

4. Environmental Police officers and soldiers when working with agencies, organizations, and individuals must have work plans, prepare thoroughly the content of the work; anticipate unexpected situations and solutions to those situations. The content of the work plan must be approved by the unit leader.

Article 9. Matters that Environmental Police officers and soldiers shall not do

1. Disclose secrets, news, materials of ongoing investigations and verifications without permission to disclose to people who are not responsible in any form. In case of receiving requests from mass media agencies and other relevant agencies to provide information and materials on the content of cases assigned to investigate and verify, they must report and obtain approval from the competent authority.

2. Take advantage of their position to cause difficulties and inconvenience, accept gifts in any form when visiting agencies, organizations, or meeting individuals privately.

3. Arbitrarily contact suspects under investigation and persons related to ongoing investigations. If suspects seek meetings on their own initiative, they must immediately inform the unit leader to handle appropriately. They may only investigate and verify information, complaints, and reports of crimes and violations of laws on environmental protection, natural resources, food safety from agencies, organizations, and individuals when assigned by the leader.

4. Take advantage of assigned tasks and powers to infringe upon the interests of the State, the rights and legitimate interests of agencies, organizations, and individuals.

Article 10. Work on receiving, processing, and resolving complaints, reports, suggestions, and reflections

1. Environmental Police agencies must arrange convenient locations to receive individuals and representatives of organizations and institutions, and assign officers to be on duty 24/24 hours a day to receive complaints, reports, suggestions, and reflections; at the reception location, there must be a suggestion box to receive complaints, reports, suggestions, and reflections. Officers must be assigned to monitor the resolution and respond to the sender of complaints and reports according to regulations.

2. All complaints, reports, suggestions, and reflections must be recorded in the logbook as prescribed and immediately transferred to the competent leader for handling according to the law.

3. For complaints and reports unrelated to the work of Environmental Police or not within the jurisdiction of the Environmental Police agency, they shall be returned with clear explanation to the sender or immediately transferred to the competent authority for resolution; at the same time, notify the person who submitted the complaint or report in writing according to the law.

4. Environmental Police officers and soldiers are not allowed to receive or resolve complaints and reports at their private residences or any place outside the agency's premises, except in urgent cases where individuals come to report crimes, report violations of environmental, natural resource, food safety laws, which must be promptly reported to the unit leader for guidance on resolution according to the law.

5. Duty officers at Environmental Police agencies must wear uniforms in accordance with the People's Public Security Regulations; have a respectful, courteous, appropriate attitude, and wholeheartedly resolve legitimate requests of individuals; do not evade or shirk responsibility; do not create difficulties for individuals or organizations coming to contact for work.

Chapter III

IMPLEMENTATION PROVISIONS

Article 11. Effective Date

This Circular takes effect from February 18, 2020, and replaces Circular No. 55/2009/TT-BCA dated October 2, 2009, issued by the Minister of Public Security on implementing democracy in the work of Environmental Police.

Article 12. Responsibility for Implementation

1. Heads of units under the Ministry, Provincial Public Security Directors have the responsibility to disseminate and implement this Circular to all People's Public Security officers and organize its implementation.

2. The Environmental Crime Prevention and Control Bureau and the Legal System Reform and Judicial Bureau are responsible for guiding, proposing, and planning to assist the Head of the Ministry's Grassroots Democracy Implementation Steering Committee in organizing inspections and evaluations of the implementation of this Circular.

3. Every six months and annually, provincial public security organs shall conduct mid-term and final reviews of the implementation of this Circular and report the results in writing to the Ministry (through the Environmental Crime Prevention and Control Bureau).

4. During the implementation process, if there are difficulties or obstacles, relevant units, localities, organizations, and individuals shall promptly reflect them to the Ministry of Public Security (through the Environmental Crime Prevention and Control Bureau and the Legal System Reform and Administrative Reform Bureau) for guidance and resolution./.