Thông tư 56/2012/TT-BCA

CIRCULAR

DETAILING THE IMPLEMENTATION OF A NUMBER OF PROVISIONS OF ARTICLE 6 OF THE DECREE NO.72/2010/ND-CP DATED 08/7/2010 OF THE GOVERNMENT OF PREVENTION AND FIGHT AGAINST CRIMES AND OTHER VIOLATIONS OF LAW ON ENVIRONMENT

Pursuant to the 2005 Law on the People's Public Security;

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

Pursuant to the Decree No.72/2010/ND-CP of July 08, 2010 of the Government defining prevention and fight against crime and other violations of law on environment;

Pursuant to the Decision No.151/2008/QD-TTg dated 28/11/2008 of the Prime Minister promulgating the Regulation on application of professional work in preventing and fighting against crimes and maintaining order and social safety of the People's Police Force;

At the proposal of the General Director of the Police General Department of prevention and fight against crimes,

The Minister of Public Security issues a circular detailing the implementation of a number of provisions of Article 6 of the Decree No.72/2010/ND-CP dated 08/7/2010 of the Government defining the prevention of and fight against crimes and other violations of law on environment.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of governing

This Circular details the implementation of the contents, order, procedures, competence to apply the measures to prevent and fight against crimes and other violations of law on environment specified in Clause 1, point a clause 2 and clauses 4 and 5 of Article 6 of the Decree No.72/2010/ND-CP of July 08, 2010 of the Government defining the prevention of and fight against crimes and other violations of law on environment (hereinafter referred to as the Decree No. 72/2010/ND-CP) and responsibilities of the concerned agencies, organizations and individuals.

Article 2. Application subjects

This Circular applies to the units, officers and soldiers of the People's Public Security force working as prevention of and fight against crimes and other violations of law on environment and the agencies, organizations and individuals related to the observance of law on environmental protection.

Article 3. Principles to apply measures to prevent and fight against crimes and other violations of law on environment

1. Comply with the provisions of the Decree No.72/2010/ND-CP this Circular and other provisions of the relevant laws.

2. It is strictly forbidden to abuse the implementation of measures to prevent and fight against crimes and other violations of law on environment to harass, cause difficulties, troubles for activities of production, business or infringe the rights and legitimate interests of the agencies, organizations and individuals.

Article 4. Responsibilities and rights of agencies, organizations and individuals related to the application of measures to prevent and fight against crimes and other violations of the law on environment

Agencies, organizations and individuals related to the application of measures to prevent and fight against crimes and other violations of law on environment are obliged to strictly abide by the decisions of the competent authorities provided in the Decree No.72/2010/ND-CP and this Circular; have the right to raise petitions, lodge complaints and denunciations in accordance with provisions of law for the decisions and acts of the competent authorities, persons in process of application, implementation of the measures to prevent and fight against crimes and other violations of law on environment, if there are grounds to assume that the decisions, acts are unlawful.

Chapter II

SPECIFIC PROVISIONS

Article 5. Application of professional measures to prevent and fight against crimes and other violations of the law on environment

1. Professional measures to prevent and fight against crimes and other violations of law on environment specified in Clause 1, Article 6 of the Decree No.72/2010/ND-CP (hereinafter referred to as professional measures) are applied only when there are signs of environmental crime or when there is basis for determining that there are violations of law directly related to environmental crime.

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

a) General Director, Deputy General Director of the General Department of Police on prevention and fight against crimes; Director, Deputy Director of the Department of Police on prevention and fight against crimes on the environment; Director, Deputy Director of Public Security of provinces, cities directly under the Central Government (hereinafter referred to as the Provincial-level Public Security) in charge of police force may decide to apply the professional measures specified in clause 1 of Article 6 of the Decree No.72/2010/ND-CP.

b) The Head and Deputy Head of Police Department on prevention and fight against crimes on environment of provincial-level Public Security; Public Security Chief, Public Security deputy chief of the urban, rural districts, towns or provincial cities (collectively called as district-level Public Security) in charge of the police force may decide to apply the professional measures prescribed at Points b, c, d and đ, Clause 1, Article 6 of the Decree No.72/2010/ND-CP.

3. Content, order and procedures for application of the professional measures must be in accordance with the provisions of the law and the guidance of the Ministry of Public Security.

Article 6. Application of the measures to temporarily suspend activities directly related to the environmental pollution caused by the agencies, organizations and enterprises

1. Measure to temporarily suspend activities directly related to the environmental pollution caused by the agencies, organizations and enterprises (hereinafter referred to as the measure of temporary suspension of activities) is one of the urgent measures provided at Point a, Clause 2, Article 6 of the Decree No.72/2010/ND-CP to immediately stop the violations of environmental law, to make sure to verify and clarify the violations of environmental law of the agencies, organizations and enterprises.

Measure to temporarily suspend activities is applied only when the agencies, organizations and enterprises commit acts of violation with signs of environmental crimes or serious violations of the provisions of Clauses 4, 5 , 6, 7, 8, 9, 11, 13, 14 and 15 of Article 7 of the 2005 Law on Environmental Protection.

2. Competence to apply the measures of temporary suspension of the activities:

a) Director of Police Department on prevention and fight against crimes on environment;

b) The provincial-level Public Security Director.

Persons who make decisions to suspend temporarily the activities shall take responsibility before law for their decisions.

3. Where the competent persons specified at Point a, b Clause 2 of this Article are absent, may authorize the deputy to make decision on temporary suspension of activities. The authorization must be made in writing. Authorized persons must take responsibility for their decisions before the heads and the law, not to authorize to the others.

4. Decision to apply measures to suspend temporarily activities must be made in writing by the competent persons. In the decision to suspend temporarily activities, it must specify the reason, duration of application, time to start the application of the measures to suspend temporarily the activities, the environmental protection measures required to be carried out, agency monitoring the implementation, responsibilities of agencies, organizations, enterprises to be applied the measures of temporary suspension of the activities; date of issue; full name, position and signature of the decision issuer and stamped by the decision issuer’s agency.

The decision on temporary suspension of activities must be sent to the agencies, organizations and enterprises subject to the application of this measure and the relevant agencies within 03 days from the date of the decision.

5. The period of temporary suspension of activities shall not exceed 15 (fifteen) days from the date of starting the application; in the case due to the complex nature of the case, the period of the temporary suspension of activities may be extended, but the total number of temporary suspension period shall not exceed 30 (thirty) days from the date of starting the application.

In the period of temporary suspension of activities, the agencies that have issued the decisions must organize to verify, clarify violations of the law on environmental protection of the agencies, organizations, enterprises and propose, apply the measures of treatment.

Article 7. Requirement of the organizations and individuals to provide information, documents, assets and objects when there are grounds for determining relation of crimes and other violations of the law on environment

1. The requirement of the organizations and individuals to provide information, documents, properties, objects specified in clause 4 of Article 6 of the Decree No.72/2010/ND-CP shall be applied only when it is necessary to verify, clarify the violations relating to crimes and other violations of environmental law.

2. Bases to require the organizations and individuals to provide information, documents, properties, objects related to crimes and other violations of the law on the environment:

a) There are reports of crime and other violations of environmental law;

b) The results of the investigation in accordance with the law provisions made by the competent authorities for the organizations and individuals’ relation to crimes and other violations of the law on the environment;

c) Proposal of the competent agencies in the process of investigation and handling of cases, and case related to crimes and other violations of the law on the environment.

3. Competence to make decision on requirement of the organizations and individuals to provide information, documents, properties, objects related to crimes and other violations of the law on the environment:

a) Director of Police Department on prevention and fight against crimes on environment;

b) Provincial-level Public Security Director;

c) Heads of police divisions on prevention and fight against crimes on environment of provincial-level Public Security;

d) District-level Public Security chief.

Persons who made the decisions to require the organizations and individuals to provide information, documents, properties, objects have to take responsibility before law for their decisions.

4. Persons who are competent to make decisions on requirement of the organizations and individuals to provide information, documents, properties, objects may require representatives of the concerned organizations and individuals to come to their offices to provide information, documents, properties, objects related to crimes and other violations of the law on the environment or send officials to come directly to require the relevant organizations and individuals to provide information and documents, properties, objects related to crimes and other violations of the law on environment.

5. Where the competent persons specified at Points a, b, c and d, Clause 3 of this Article are absent, may authorize their deputies to make decision on requirement of the organizations and individuals to provide information and materials, properties and objects. The authorization must be made in writing.

Authorized person must take responsibility for their decisions before the heads and the law, not to authorize to others.

6. Information, documents, properties, objects provided by the organizations and individuals must be managed and used for the right purposes; in case of loss, damage or loss of property, objects of the organizations and individuals they must pay compensation in accordance with law.

Article 8. Inspection of the operations of the organizations and individuals related to crimes and other violations of the law on environment

1. Inspection of the activities of the organizations and individuals related to crimes and other violations of the law on environment in accordance with clause 5 of Article 6 of the Decree No.72/2010/ND-CP is the activity of irregular inspection of administration when there are grounds specified in clause 2 of this Article in order to verify, clarify signs of crimes and other violations of law on the environment of the organizations and individuals.

2. Bases to make the decision on inspection:

a) Upon detection of signs of crime and other violations of environmental law;

b) There are denunciations, information on crimes and verified, initially identified signs of crimes and other violations of environmental law occurred;

c) The requirements of the settlement of complaints and denunciations in prevention and fight against crimes and other environmental law violations.

3. Competence to issue the inspection decisions:

a) Director of Police Department on prevention and fight against crimes on environment;

b) Provincial-level Public Security Director;

c) District-level Public Security chief.

4. Where the competent persons specified at Points a, b, and c, Clause 3 of this Article are absent, may authorize their deputies to make decision on inspection. The authorization must be made in writing. Authorized person must take responsibility for their decisions before the heads and the law, not to authorize to others.

5. Inspection decision must be made in writing. The inspection decisions must be clearly stated the grounds for inspection; scope, objects, content, tasks, inspection methods; term of inspection; component of the inspection team; rights and responsibilities of those who implement the inspection duty; rights and obligations of the inspected objects; full name, position and signature of the person making decision and seal of the decision maker’s agency.
The inspection decision maker shall take responsibility before law for their decision.

6. Those who are assigned task of inspection shall examine the records, documents, books and vouchers; inspect the implementation of the provisions of the law on environmental protection such as the measures to protect the environment, commitment on environmental protection; periodic environmental monitoring activities; management of solid waste, hazardous waste; system of collection and treatment of wastewater, air emissions, noise, and other contents recorded in the inspection decisions.

The inspection must be recorded in writing, be signed by representatives of organizations and individuals inspected. Where inspected organizations and individuals do not sign intentionally in the minutes of inspection, the inspection team shall invite representatives of local authorities or witnesses to confirm in the minutes of inspection.

7. Maximum direct inspection duration of each inspection is 5 (five) working days from the date of publication of the decision on inspection. Where necessary, the inspection duration may be prolonged but must not exceed 10 (ten) working days from the date of publication of the decision on inspection.

8. No later than 05 (five) days from the end of the inspection, the head of the inspection team shall report in writing to the decision maker on inspection the inspection results.

9. No later than 15 (fifteen) days from the date of receipt of the report on the inspection results, the inspection decision makers must issue written inspection conclusions. Written inspection conclusions must be sent to the inspected objects and sent to report to the heads of the superior management agencies; inspection conclusions of the Directors of the Provincial-level Public Security force sent to the Police General Department of prevention and fight against crimes (through the Police Department of prevention and fight against crimes on environment) for monitoring.

10. Responsibilities of agencies and officials conducting inspection:

a) To comply with the provisions of this Circular and other provisions of the relevant law; comply with the provisions on confidentiality, not to provide for those who are not responsible the information and documents related to the inspection;

b) It is strictly forbidden the inspection without the decision issued by the competent authority or arbitrarily extend objects, the content and scope of inspection or to take advantage of the inspection in order to harass, cause difficulties, troubles for business, production activities or violate the legitimate rights and interests of agencies, organizations, individuals.

Chapter III

IMPLEMENTATION PROVISIONS

Article 9. Form of application of measures to prevent and fight against crimes and other violations of the law on environment

Issued together with this Circular 06 forms for use in the process of applying measures to prevent and fight against crimes and other violations of the law on environment.

Article 10. Effect

This Circular takes effect from November 15, 2012.

Article 11. Responsibility for implementation

1. The Directors General, heads of units of the Ministry, Directors of Public Security force of provinces, cities directly under the Central Government, the directors of the Departments of Police of fire prevention and fighting; the agencies, organizations and individuals involved in observance of the provisions of the law on environmental protection and prevention and fight against crimes and other violations of the law on environment are responsible for the implementation of this Circular.

2. General Department of Police of prevention and fight against crimes is responsible for implementation and guiding and inspecting the implementation of this Circular.

In the course of implementation of the Circular, if any difficulties arise, Public Security units, local Public Security, the concerned agencies, organizations and individuals should reflect to the Ministry of Public Security (through General Department of Police of prevention and fight against crimes) for providing timely guidance./.