Pháp lệnh 10/2014/UBTVQH13

ORDINANCE

ENVIRONMENTAL POLICE FORCES

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Resolution No. 45/2013/QH13 issued by the National Assembly which adjusts 2014 law and ordinance establishment Program;

The Standing Committee of the National Assembly hereby promulgates this Ordinance on Environmental police forces.

Chapter I

GENERAL REGULATIONS

Article 1. Governing scope

This Ordinance prescribes the functions, duties, authority, organization, operation, and policies applied to environmental police forces; responsibilities of related agencies, organizations and individuals.

Article 2. Applied entities

This Ordinance is applied to environmental police forces, Vietnamese agencies, organizations and citizens and foreign organizations and individuals residing and/or operating in the territory of the Socialist Republic of Vietnam.

Article 3. Position and functions of environmental police forces

Environmental police is a branch of the police specialized in preventing, detecting, fighting against criminal and administrative offenses related to environment; proactively and cooperatively preventing, fighting against crimes and violations of law related to natural resources and food safety related to environment.

Article 4. Organizational structure and operation of environmental police forces

1. Under the general leadership of the Communist Party Committee of the National Public Security and management of the Minister of Public Security.

2. Adhering to the Constitution and laws; respecting and protecting the interests of the Government, human right, legitimate entitlements and interests of agencies, organizations and individuals; facilitating socio-economic development and social security assurance.

3. Proactively preventing, detecting timely, interdict and strictly handling crimes and violations of law in accordance with their functions and duties.

4. Closely cooperating with related agencies, organizations preventing, fighting against crimes and violations of law in accordance with their functions and duties.

5. Relying on the people, promoting the power of the people and being supervised by the people.

Article 5. Establishment of environmental police forces

1. The State shall establish revolutionary, professional, elite and modern environmental police forces.

2. All agencies, organizations, individuals shall contribute themselves to the reinforcement of, cooperation with and support towards environmental police forces in the implementation of their functions, duties, authority in accordance with the related laws.

3. Environmental police forces have the preemptive right to recruitment and training of personnel, investment in facilities, equipment, technical and professional equipment to fulfill the assigned duties.

Article 6. Prohibited acts

1. Environmental police forces are prohibited to:

a) Commit prohibited acts as prescribed by the Law of the People’s Public Security forces;

b) Deliberately ignore criminal and administrative offenses related to environment, natural resources, food safety;

c) Take advantage of the duties and/or authority assigned to the Environmental police to cause harassment or infringe upon the interests of the Government, human right, legitimate rights and interests of other entities.

2. Other entities are prohibited to:

a) Resist or obstruct environmental police officers from performing their duties;

b) Impersonate environmental police officers;

c) Bribe or incite, force environmental police officers to act against their functions, duties, and authority;

d) Revenge, threaten to revenge, obstruct the witnesses, accusers, denouncers or their relatives from making the accusation, denouncement, reporting and taking actions against criminal and/or administrative offenses related to environment, natural resources, food safety.

Chapter II

DUTIES, AUTHORITY AND ORGANIZATIONAL STRUCTURE OF ENVIRONMENTAL POLICE FORCES

Article 7. Duties and entitlements of environmental police forces

Within their area of competence, environmental police forces have following duties and entitlements:

1. Collecting information, analyzing, evaluating and forecasting the situations to counsel, make proposals to the competent authorities for their instructions on prevention, fighting against crimes and violations of law;

2. Taking public security measures to prevent, fight against crimes and violations of law;

3. Receiving, handling and settling accusation, notification on crimes and violations of law in accordance with the related laws;

4. Carrying out investigations on the crimes related to environment and natural resources, food safety related to environment in accordance with the related laws;

5. Inspecting adherence to law of agencies, organizations, individuals; inspecting related means, articles, locations when alleged crimes, administrative offenses are detected or when accusations, reporting on crimes and/or administrative offenses are made in accordance with the related laws.

Inspections must be decided in writing by the leaders of the Environmental Police Departments affiliated to the Ministry of Public Security, the police authorities of provinces; by Directors of police authorities of provinces, Police Chiefs of districts and similar administrative units;

6. Taking actions against administrative offenses in accordance with the related laws;

7. In required and/or emergency cases, entitled to mobilize people, facilities of related agencies, organizations and/or individuals in accordance with the related laws;

8. Using weapons, explosives, and combat gear in accordance with the related laws; using specialized equipment in conformity with the related laws;

9. Collecting specimens, materials, evidence related to crimes, administrative offenses for inspection or cooperating with the agencies, organizations competent to carry out inspection and/or examination;

10. Requesting related agencies, organizations, individuals to provide information, documents, items related to crimes, administrative offenses pertaining to environment and natural resources, food safety in environmental field in accordance with the related laws;

11. Cooperating with related agencies, organizations, companies for preventing and fighting against crimes and violations of law pertaining to environment, natural resources, food safety in accordance with governmental regulations;

12. Promoting international cooperation in accordance with the regulations issued by the Minister of Public Security;

13. Performing other duties and entitlements in accordance with the related laws.

Article 8. Organization of environmental police forces

1. Environmental police forces include:

a) Environmental Police Department affiliated to the Ministry of Public Security;

b) Environmental Police Divisions affiliated to police authorities of provinces;

c) Environmental Police Teams affiliated to police authorities of districts and similar administrative units.

2. The Minister of Public Security shall elaborate this Article.

Chapter III

OPERATION AND BENEFITS OF ENVIRONMENTAL POLICE FORCES

Article 9. Equipment of environmental police forces

Environmental police forces are equipped with weapons, explosives, combat gear, as specialized equipment as prescribed by the Minister of Public Security.

Article 10. Benefits of environmental police officers

Environmental police officers shall have the benefits prescribed in the Law on the People’s Public Security forces; enjoy the policies related to hazard prevention, receive hazard pay, and be provided with protective equipment in accordance with the related laws.

Article 11. Benefits for other organizations and individuals

1. Any organization or individual that cooperates with environmental police forces in fulfilling their duties and obtains achievements will be rewarded; have their honor redeemed, if required; have damaged properties compensated, if any; In case a person is injured or dead, such person and his/her family will receive corresponding benefits as prescribed by law.

2. Every organization and individual that cooperates with environmental police forces shall be physically and confidentiality protected in accordance with the related laws.

Article 12. Operation fund of the environmental police forces

Operation fund of the environmental police forces shall be provided by the state budget.

Chapter IV

RESPONSIBILITIES OF RELATED AGENCIES, ORGANIZATIONS TO ENVIRONMENTAL POLICE FORCES

Article 13. Responsibilities of the Ministry of Public Security

1. Issuing legislative documents on environmental police forces or requesting competent authorities to do so.

2. Instructing and organizing the implementation of legislative documents on the environmental police forces.

3. Managing the organization and personnel of environmental police forces; provide the training for the Environmental police officers.

4. Issuing the list of weapons, explosives, combat gear, specialized equipment of environmental police forces.

5. Carrying out inspections, providing rewards, taking actions against violations, settling complaints and/or accusations related to environmental police forces.

6. Giving instruction on international cooperation in information exchange, training and equipping environmental police forces.

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

1. Instructing affiliate agencies, units to cooperate and/or support environmental police forces in the execution of their functions, duties, authority.

2. Supporting the development of projects, research projects, training, professional fostering, international cooperation and consultation to the environmental police.

Article 15. Responsibilities of the ministries, ministerial-level agencies under the Government

The ministries, ministerial-level agencies, agencies under the Government shall, within their area of competence, instruct the affiliate agencies and/or units to cooperate with environmental police forces to perform their duties and entitlements.

Article 16. Responsibilities of local authorities

Local authorities are responsible for facilitating the execution of the environmental police forces’ functions, duties and/or authority within the area of their competence and in accordance with the assigned duties.

Article 17. Responsibilities of Vietnam’s Fatherland Front and its member organizations

Vietnam’s Fatherland Front and its member organizations shall, within the area of their competence, encourage the people to cooperate in the prevention and/or fighting against crimes and violations of law related to environment, natural resources, food safety; supervising and supporting environmental police forces in the execution of their functions, duties and/or authority.

Chapter V

IMPLEMENTATION

Article 18. Implementation validity

This Ordinance takes effect on June 5, 2015.

Article 19. Detailed regulations

The Government and competent agencies shall detail the assigned clauses herein.