05 things you need to know about the Environmental Police in Vietnam

05 things you n to know about the Environmental Police in Vietnam (Source: Internet)

1. What is the environmental police?

According to Article 3 of the Ordinance on Environmental Police 2014, the 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.

Specifically, the organization of the Environmental Police includes:

- Environmental Police Department affiliated to the Ministry of Public Security;

- Environmental Police Divisions affiliated to police authorities of provinces;

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

(Clause 1, Article 8 of the Ordinance on Environmental Police 2014)

2. Organizational structure and operation of environmental police forces in Vietnam

Organizational structure and operation of environmental police forces are specified in Article 4 of the Ordinance on Environmental Police 2014, specifically as follows:

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

- 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.

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

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

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

3. Duties and entitlements of environmental police forces in Vietnam

Specifically, in Article 7 of the Ordinance on Environmental Police 2014, within their area of competence, environmental police forces have following duties and entitlements:

- 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;

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

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

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

- 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;

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

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

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

- 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;

- 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;

- 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;

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

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

4. Operational funding and allowances of the Environmental Police in Vietnam

* Funding for operation of environmental police forces

Funding for operation of environmental police forces is provided by:

- State budget according to the Law on State budget;

- Annual environmental protection budget; sponsorships, contributions of other agencies, organizations, and individuals, and other lawful sources;

- Expenditures of environmental police forces shall comply with current regulations on environmental protection, natural resources, and food safety.

(Clause 1, Article 18 of Decree 105/2015/ND-CP)

* Allowances of the Environmental Police

Environmental police officers shall receive allowances for police officers and additional benefits.

(Clause 1, Article 17 of Decree 105/2015/ND-CP)

5. Prohibited acts for the Environmental Police in Vietnam

According to Clause 1, Article 6 of the Ordinance on Environmental Police 2014, environmental police forces are prohibited to:

- Commit prohibited acts as prescribed by the Law of the People’s Public Security forces 2018;

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

- 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.

Thanh Rin

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