Quyết định 3508/QD-BTNMT

DECISION

APPROVING THE PLAN ON MONITORING THE IMPLEMENTATION OF LAW ON NATURAL RESOURCES AND ENVIRONMENT AND MONITORING OF IMPLEMENTATION OF LAW ON HANDLING OF ADMINISTRATIVE VIOLATION IN THE FIELD OF NATURAL RESOURCES AND ENVIRONMENT IN 2016

MINISTER OF NATURAL RESOURCES ANDENVIRONMENT

Pursuant to the Law on Handling of Administrative Violation 2012;

Pursuant to Decree No. 21/2013 / ND-CP dated 04/03/ 2013 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 55/2011 / ND-CP dated 04/07/ 2011 of the Government regulating the functions, tasks, powers and organizational apparatus of the legal organization;

Pursuant to Decree No. 59/2012/ND-CP dated 23/7/2012 of the Government on monitoring the law implementation;

Pursuant to Decree No. 81/2013/ND-CP dated 19/7/2013 of the Government detailing some articles and measures to implement the Law on Handling of Administrative Violation;

Considering the request of Director General of Department of Legal Affairs,

DECIDES:

Article 1. Approving with this Decision the plan on monitoring the implementation of law on natural resources and environment and monitoring of implementation of law on handling of administrative violation in the field of natural resources and environment in 2016.

Article 2. This Decision takes effect from its signing date.

Article 3. The Chief of Ministerial Office, Director General of Department of Legal Affairs, Director General of Department of Planning, Director General of Department of Finance and the Heads of units directly under the Ministry are liable to execute this Decision./.

PLAN

ON MONITORING THE IMPLEMENTATION OF LAW ON NATURAL RESOURCES AND ENVIRONMENT AND MONITORING OF IMPLEMENTATION OF LAW ON HANDLING OF ADMINISTRATIVE VIOLATION IN THE FIELD OF NATURAL RESOURCES AND ENVIRONMENT IN 2016
(Issued with the Decision No. 3508/QD-BTNMT dated 30/12/2015 of the Minister of Natural Resources and Environment)

I. PURPOSES AND REQUIREMENTS

1. Purposes

The plan on monitoring the implementation of law on natural resources and environment and monitoring of implementation of law on handling of administrative violation in the field of natural resources and environment 2016 is intended to review and assess the actual implementation of law on natural resources and environment and implementation of law on handling of administrative violation in the field of natural resources and environment and recommend the application of solutions to improvement of effective implementation of law and completion of legal system in the field of natural resources and environment.

2. Requirements

- Synchronously and effectively monitoring the implementation of law on natural resources and environment and on handling of administrative violation in the areas of state management of the Ministry as stipulated in the Law on handling of administrative violation 2012, Decree No. 59/2012/ND-CP dated 23/7/2012 on monitoring the law implementation, Decree No. 81/2013/ND-CP dated 19/7/2013 of the Government detailing some articles and measures to implement the Law on handling of administrative violation and other guiding documents.

- The monitoring of implementation of law on natural resources and environment and of law on handling of administrative violation in the field of natural resources and environment must be done objectively, publicly, transparently, regularly, comprehensively and with a focus and ensure the close coordination between the bodies and organizations during the implementation.

- Raising the awareness and promoting the responsibility and coordinating relations of the sectors and levels in the implementation and monitoring the implementation of the law on natural resources and environment and of the law on handling of administrative violation in the field of natural resources and the environment, gradually further improving the quality and putting these activities into order; ensuring the interests of the State, the legitimate rights and interests of organizations and citizens.

II. DUTIES

- Collecting and processing information on actual implementation of law on natural resources and environment and implementation of law on handling of administrative violation in the field of natural resources and environment.

- Inspecting the actual implementation of law on natural resources and environment and implementation of law on handling of administrative violation in the field of natural resources and environment in provinces and centrally-run cities (focusing on the fields: land, environment, geology, mineral resources and water resources).

- Making investigation and survey of actual implementation of natural resources and environment in the area through the survey and fieldwork form for some organizations and individuals to know about the implementation of law on natural resources and environment.

- Making report on actual implementation of law on natural resources and environment in 2016 and report on the actual implementation of law on handling of administrative violation in the field of natural resources and environment in 2016.

III. FORM OF IMPLEMENTATION

1. Inspection of actual implementation of law on natural resources and environment

- Working with the Department of Natural Resources and Environment and representatives of relevant bodies and some local enterprises to inspect the actual implementation of law on natural resources and environment in the provincial areas, focusing on the following contents:

+ Reality of issue of documents detailing the implementation of legal normative documents on natural resources and environment;

+ Reality of condition assurance for implementation of natural resources and environment;

+ Reality of compliance with law on natural resources and environment;

- Carrying out the investigation and survey of actual implementation of natural resources and environment in the areas through the survey and fieldwork form for some organizations and individuals to obtain the information on implementation of law on natural resources and environment at localities, particularly:

+ Using 03 types of investigation forms for 03 groups of survey subject: (i) officials, public servant; (ii) people; (iii) enterprises.

+ Investigation location: in each province, investigation shall be done at 2 – 3 district level units (including 01 provincial city); in city, 02 wards/communes shall be chosen; 01 townlet and 01 commune shall be chosen in a district.

2. Inspection of actual implementation of law on handling of administrative violation

Working with Department of Natural Resources and Environment, Division of Natural Resources and Environment and representatives of relevant organizations and bodies to inspect and talk about the actual implementation of law on handling of administrative violation and on natural resources and environment in the provincial area focusing on some issues as follows:

- Reality of issue of legal normative documents related to the handling of administrative violation in the field of natural resources and environment;

- Dissemination, training and retraining, professional instructions, resources allocation and other conditions to ensure the implementation of law on handling of administrative violation within localities.

- Application of regulations of law on handling of administrative violation;

- Implementation of statistical regulations on handling of administrative violation;

- Development and management of database on handling of administrative violation and provision of information for integration into national database;

- Settlement of complaint and denunciation in handling of administrative violation.

IV. IMPLEMENTATION ORGANIZATION

1. The Department of Legal Affairs is responsible for:

a) Assisting the leaders of the Ministry to guide, inspect, urge and monitor the implementation of law on natural resources and environment and on handling of administrative violation under this Plan;

b) Taking charge or coordinating with the relevant units to implement the Plan on monitoring of implementation of law on natural resources and environment and on handling of administrative violation in 2016 with the specific content and time as follows:

c) Inspecting the reality of implementation of law on natural resources and environment and on handling of administrative violation in the field of natural resources and environment at some Departments of Natural Resources And Environment. The time for implementation is in Quarter III and IV in 2016.

d) Taking charge and coordinating with the Ministerial Office to prepare the detailed estimate of monitoring of natural resources and environment and handling of administrative violation in the field of natural resources and environment in 2016 and submit it to the leaders of the Ministry for review and approval.

2. The units: General Department of Land Management, General Department of Environment, General Department of Geology and Minerals of Vietnam; Department of Water Resources Management, Department of Meteorology, Hydrology and Climate Change, shall:

a) Make plan for monitoring the law implementation and plan for monitoring the implementation of law on handling of administrative violation in the assigned fields; appoint qualified officials to participate in the ministerial inspection Team on monitoring of general law implementation organized by the Department of Legal Affairs.

b) Actively carry out the plan on monitoring the law implementation and the law on handling of administrative violation in the field assigned to be in charge.

c) Approve the detailed estimate on monitoring of law implementation and the plan on implementation of law on handling of administrative violation in the field assigned to be in charge before implementation, management and use of funding under the current financial regulation to ensure the effectiveness and thriftiness.

3. Ministerial Office: Shall take charge and coordinate with the Department of Legal Affairs and the ministry-attached units to manage the funding for the monitoring of implementation of law on natural resources and environment and on handling of administrative violation in the field of natural resources and environment in 2016.

4. Department of Planning and Department of Finance: Shall guide the regulation on management and use of funding under the current financial regulation and allocation of funding for the monitoring of implementation of law on natural resources and environment and on handling of administrative violation in the field of natural resources and environment in 2016 as planned.

5. Ministry-attached units shall coordinate with the Department of Legal Affairs to carry out the plan on monitoring of implementation of law on natural resources and environment and on handling of administrative violation in the field of natural resources and environment in 2016 of the Ministry of Natural Resources and Environment.

The Heads of ministry-attached units shall make plans for monitoring of implementation of law on natural resources and environment and on handling of administrative violation in the field of natural resources and environment in 2016; make written report on result of implementation of Plans in the field assigned for management to the Ministry (through the Department of Legal Affairs) before 10/11/2016.