STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
--------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
|
Ordinance No. 10/2014/UBTVQH13
|
Hanoi, December 23, 2014
|
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
This Ordinance
takes effect on June 5, 2015.
Article 19.
Detailed regulations
The Government
and competent agencies shall detail the assigned clauses herein.
P.P. STANDING COMMITTEE OF THE NATIONAL
ASSEMBLY
Nguyen Sinh Hung