Authority of Commune Police in environmental protection

Photo caption — National Assembly Chairman Tran Thanh Man speaks. Photo: Doan Tan/VNA

On the authority of the Commune Police in environmental protection

Under the direction of Vice Chairman of the National Assembly Tran Quang Phuong, the National Assembly Standing Committee discussed and voted to approve in principle the draft Ordinance amending and supplementing a number of articles of the Ordinance on Environmental Police.

Previously, presenting the Report, Deputy Minister of Public Security Nguyen Van Long said that the draft Ordinance focuses on amending the provisions on the subject of the authority to inspect compliance with environmental laws. Accordingly, this authority is transferred from the former district-level police to the commune-level police (including the Chief of the commune, ward, special zone, and police station police) to conform to the new decentralization of government and the new organizational model of the police force.

In addition, the draft amends the name of the "Environmental Police Force" to "Environmental Crime Prevention and Control Police Force" in Article 8, and proposes to replace the phrase "Ministry of Natural Resources and Environment" with the phrase "Ministry of Agriculture and Environment" to match the name in the new context.

Speaking at the meeting, National Assembly Chairman Tran Thanh Man emphasized that this is an urgent content, meeting the requirements of environmental protection in the context of complicated violations. The National Assembly Chairman requested that the amendment must ensure synchronization of the organizational apparatus, and strong authority to the Environmental Police at the grassroots level to reduce gaps and increase the effectiveness of handling small-scale violations.

In particular, the National Assembly Chairman noted the need to expand powers related to new technology, use sensors and satellite data for real-time monitoring; at the same time, strengthen inter-sectoral coordination with the Ministry of Agriculture and Environment, the Ministry of Health and Customs in handling pollution and controlling food safety and waste smuggling.

Concluding the discussion session, Vice Chairman of the National Assembly Tran Quang Phuong stated that the National Assembly Standing Committee agreed on the necessity of promulgating and basically agreed on the contents of the draft Ordinance.

With 100% of the members of the National Assembly Standing Committee present voting in favor, the National Assembly Standing Committee unanimously approved in principle the Ordinance amending and supplementing a number of articles of the Ordinance on Environmental Police. The National Assembly Standing Committee assigned the Drafting Agency (Ministry of Public Security) to preside over and coordinate with the Standing Committee of the National Defense, Security and Foreign Affairs Committee and relevant agencies to promptly absorb and complete the Ordinance based on the opinions of the National Assembly Standing Committee and the review opinions of the National Defense, Security and Foreign Affairs Committee, and submit the Ordinance to the National Assembly Chairman for signing and promulgation.

Specialized courts must ensure superior international competitiveness.

Under the direction of Permanent Vice Chairman of the National Assembly Do Van Chien, the National Assembly Standing Committee gave opinions on the draft Law on Specialized Courts at the International Financial Center.

According to the Proposal of the Supreme People's Court, the draft Law proposes to establish a specialized Court in Ho Chi Minh City, with the authority to resolve disputes arising at the International Financial Center in both Ho Chi Minh City and Da Nang. This model is built to apply the principles of the common law system in dispute resolution, ensuring flexibility, specificity and conformity with international practices.

Regarding the structure, the Specialized Court will be organized into two levels of trial: First Instance and Appeal. For issues with different opinions, the National Assembly Standing Committee and the examining body agree on the plan: First Instance trial, conducted by 1 Judge; complicated cases or at the request of the parties will be resolved by a Council of 3 Judges. Appeal trial consists of 3 Judges. The Chief Justice of the Specialized Court is appointed, dismissed, and removed from office by the Chief Justice of the Supreme People's Court to ensure consistency in the system.

Commenting on the draft Law, National Assembly Chairman Tran Thanh Man emphasized that this specialized court must ensure "outstanding international competitiveness", and that regulations on organization and operation must truly meet the requirements of international investors to be successful. The National Assembly Chairman requested a thorough review of regulations on law application, allowing parties to agree to choose to apply foreign laws and international commercial practices.

Concluding the discussion, National Assembly Standing Vice Chairman Do Van Chien assessed that the draft Law dossier is qualified to be submitted to the National Assembly for consideration and decision at the 10th Session under the simplified procedure. The National Assembly Standing Vice Chairman noted that the draft Law must ensure: specificity, superiority, according to the set of rules but must comply with international practices, the goal is to attract international investors.

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