What are differences between environmental inspectors and environmental police in Vietnam?
In early March 2016, the environmental inspectors came to inspect my company's waste management. At the end of March 2016, another team of environmental police came to conduct an impromptu inspection without prior notice to my company, nor did they present the Decision on impromptu inspection from their superiors about this impromptu inspection. I would like to ask: What are differences between environmental inspectors and environmental police in Vietnam? Was the impromptu inspection by the environmental police against my family in accordance with the law?
What are differences between environmental inspectors and environmental police in Vietnam? - Image from Internet
On the position and functions, environmental inspection is an inspection agency in the industry, organized according to regulations as a state administrative agency. Performing the functions of administrative inspection and specialized inspection of land, water resources, mineral resources, geology, environment, meteorology, hydrology, surveying, mapping, comprehensive and unified management of the sea and islands (hereinafter referred to as natural resources and environment) under the provisions of law. The environmental police is a unit of the People's Public Security, with the function of preventing, detecting, preventing, combating crimes and administrative violations on the environment; proactively, coordinate in preventing, combating crime, violations of law on natural resources and food safety related to the environment.
In terms of the form of inspection, environmental inspection activities are carried out in the form of inspection according to programs, plans and impromptu inspections; Inspection according to the program plan is carried out according to the programs and plans that have been approved; Impromptu inspection is carried out when detecting signs of violation of law by agencies, organizations, and individuals, at the request of the settlement of complaints and denunciations, or by the Head of the competent state management agency.
The environmental police shall conduct activities to check the compliance with the law of agencies, organizations, and individuals according to the provisions of law; check vehicles, objects, and locations when directly detecting signs of crime, administrative violations or when there are denunciations, reports of crime, administrative violations under the law; The inspection must be in writing by the head of the Environmental Police unit under the Ministry of Public Security, the Provincial Police, the centrally run city; written decision of the Provincial Police Chief, the central-affilaited city, the District Police Chief, the Town Police Chief, the Provincial city and equivalent administrative units.
The activities of the environmental police differ from the activities of the environmental inspection in that the activities of the state management agency only proceed with the specific managed objects. The specific managed object must be identified and a decision must be made before. The activities of the environmental inspection are that it can handle violations by administrative means, but after being fined and the violator does not accept it, it can be transferred to the Environmental Police to initiate an investigation.
The coordination of activities between environmental inspection and environmental police, the environmental police need to have a written request for coordination sent to the environmental inspection. The environmental inspection will be responsible for sending officials to provide information and documents to the environmental police, and vice versa, the environmental police will see the subject is not enough to constitute a crime, then send the file back to the environmental inspection side for administrative punishment.
The environmental police have the right to impromptu inspection as stipulated in Clause 5 Article 7 of Ordinance 10/2014/UBTVQH13 effective on June 5, 2015 as follows:
Conduct activities to check the compliance with the law of agencies, organizations, and individuals according to the provisions of law; check vehicles, objects, and locations when directly detecting signs of crime, administrative violations or when there are denunciations, reports of crime, administrative violations under the law. The inspection must be in writing by the head of the Environmental Police unit under the Ministry of Public Security, the Provincial Police, the centrally run city; written decision of the Provincial Police Chief, the central-affiliated city, the District Police Chief, the Town Police Chief, the Provincial city and equivalent administrative units.
Therefore, when conducting impromptu inspections, the environmental police must have a written decision by the head of the Environmental Police unit under the Ministry of Public Security, the Provincial Police, the central-affiliated city; written decision of the Provincial Police Chief, the centrally run city, the District Police Chief, the Town Police Chief, the Provincial city and equivalent administrative units, then only proceed with the inspection. So when you are subject to impromptu inspection, you have the right to request the Police to produce a decision from the superior regarding whether or not they have the right to conduct impromptu inspections to ensure the interests of your business.
