Environmental Monitoring Law Enforcement Management

Original Language Title: 环境监察执法证件管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398670.shtml

Environmental monitoring law enforcement management

    (December 26, 2013 the Ministry of environmental protection announced 23rd March 1, 2014) directory

   Chapter I General provisions

   Chapter two documents to apply for

   Chapter III of document management

   The fourth chapter liability

    The fifth chapter by-laws

    Chapter I General provisions

    First to strengthen environmental supervision and law enforcement credentials management, standardizing environmental monitoring law enforcement for law enforcement personnel, in accordance with the People's Republic of China environmental protection law and the People's Republic of China on administrative punishment law and other relevant laws and regulations, these measures are formulated.

    Second approach applies to environmental surveillance and law enforcement documents to apply for, use and management.

    Article environmental monitor the law enforcement environmental enforcement personnel shall carry out environmental surveillance and law enforcement activities and proof of identity.

Fourth national environmental monitoring law enforcement of Environmental Protection Department is responsible for the management.

Provincial environmental protection authorities are responsible for the administrative management of environmental surveillance and law enforcement documents.

    Ministry of environmental protection, environmental monitoring Bureau, the provincial environment monitoring agency management is responsible for the implementation of environmental surveillance and law enforcement documents.

    Fifth environmental monitoring law enforcement style, coding and production requirements set by the Environmental Protection Department.

Sixth engaged in enforcement of environmental surveillance and law enforcement personnel for on-site inspection, shall have the right to take the following measures:

(A) enter the premises to inspect, sampling, monitoring, photographs, sound recordings, video recordings, a record;

(B) consult and copy the relevant information;

(C) the appointment, ask the person concerned requesting information on related matters, providing related materials;

(D) be ordered to stop or correct violations;

(E) application of summary procedure in administrative punishment and administrative punishment on the spot;

(F) other measures stipulated by laws, rules and regulations.

Environmental monitoring by law enforcement officers in the implementation of environmental surveillance and law enforcement tasks, shall produce environmental surveillance and law enforcement certificate or a valid local certificate of administrative law enforcement.

    Failure to obtain environmental surveillance and law enforcement documents, shall not be engaged in environmental monitoring and law enforcement.

    Chapter two documents to apply for

Article seventh environmental protection departments above the county level have formal preparation work to be engaged in environmental surveillance and law enforcement personnel, meet the following requirements, you can apply for environmental surveillance and law enforcement documents:

(A) have a college education;

(B) the Environmental Protection Department worked for one year;

(C) be familiar with the laws and regulations on environmental protection, regulations and business knowledge of environmental supervision and law enforcement;

    (D) participate in environmental surveillance and law enforcement training and upon passing the examination.

Eighth section is responsible for the Organization of the Department of environmental protection law enforcement training and examination for the qualification of the personnel of the following:

(A) over provincial environmental protection authorities to engage in environmental supervision and law enforcement personnel;

(B) District of the municipal environmental protection Department and head of environmental monitoring agency;

(C) the county level heads of the Department of environmental protection, environmental Chief of the supervisory authorities.

    Prescribed in the preceding paragraph other than the qualifications for applying for law enforcement training and examinations organized by the provincial environmental protection authorities. Nineth environmental surveillance and law enforcement training curricula prepared by the Department of environmental protection.

    Provincial environmental protection authorities actual supplementary training can be combined with local content.

    Tenth environmental surveillance and law enforcement personnel at least once every five years law enforcement training and upon passing the examination.

Apply article 11th for environmental surveillance and law enforcement documents, the claimant shall provide the level the environmental protection departments of environment monitoring body should submit a written application.

Received applications for environmental monitoring agencies audited in accordance with these regulations, and step by step through the national environmental monitoring management system audit report to the Inspectorate of Ministry of environmental protection of the environment.

    Environmental supervision Bureau of the Ministry of environmental protection to review the applications received, belongs to the claimant of the competent Department of environmental protection, and considered in accordance with the provisions of article seventh and report issued by the Ministry of environmental protection, environmental surveillance and law enforcement documents; the other claimant, that the present measures article seventh, you can confirm the qualifications of its environmental surveillance and law enforcement personnel, informed the provincial environmental protection Department issued the environmental monitoring law enforcement certificates.

    Chapter III of document management

    12th level environmental monitoring agencies above the county level shall be responsible for the Environmental Protection Department and environmental surveillance and law enforcement document holders (hereinafter "the holder") in the national environmental monitoring management information system maintenance.

13th environmental monitoring law enforcement documents shall include the person's name, document number, affiliation, using regional, information such as the date of issue and the issuing Department, and stamped with the official seal of the issuing department.

    Prohibited to counterfeit or altered environmental monitoring law enforcement certificates.

14th the permit holder shall, in accordance with document sets out responsibilities and regional environmental monitoring and law enforcement.

    Lower-level environmental supervision and law enforcement personnel had been the superior environmental protection authorities delegated remote environmental monitoring law enforcement activities, does not limit the areas of environmental monitoring law enforcement provisions.

    15th the permittee shall take good care of environment supervision and law enforcement documents, shall not be altered, damaged or lent to others. 16th environmental monitoring law enforcement testing once every two years.

Holder unit to which the documents should be reunification submitted to the issuing department certification.

Certification Department should examine the following matters:

(A) environmental monitoring of law enforcement information contained in the documents is consistent with the realities of the holder;

(B) the holder holds a valid environmental surveillance and law enforcement training certification.

    Fails to examine environmental surveillance and law enforcement documents, automatically invalidated; failed to pass the certification, by issuing departments to recover the environment surveillance and law enforcement documents. Article 17th holders lost environmental surveillance and law enforcement documents, shall report promptly to the competent Department of environmental protection, by the environmental protection authorities step by step report to the issuing authorities.

    Issuing department shall, after check in time to get a new replacement card.

18th under any of the following circumstances, the holder or the unit to which they shall apply for renewal of environmental surveillance and law enforcement documents:

(A) the holder organization name changes;

(B) the permit holder engaged in environmental surveillance and law enforcement in a regional context changed;

(C) holders are defaced with environmental surveillance and law enforcement documents, incomplete;

(D) the position, changes in the level of the holder;

(E) other circumstances that warrant the renewal of environmental surveillance and law enforcement documents.

    Applications for renewal of environmental surveillance and law enforcement documents, original documents shall be returned to the issuing department issuing department shall promptly issue a new card.

19th under any of the following circumstances, the holder or the unit to which they shall apply to the issuing department cancellation of environmental surveillance and law enforcement documents:

(A) the retirement of the holder;

(B) the holder out of the environmental monitoring law enforcement work;

(Iii) other circumstances that warrant the cancellation of environmental surveillance and law enforcement documents.

    Cancellation of environmental surveillance and law enforcement documents shall be returned to the issuing department.

    The fourth chapter liability

20th the holder has any of the following acts, by environmental protection departments above the county level to give criticism, rectification, and temporarily suspended its environmental surveillance and law enforcement documents:

(A) altered, lent the environmental monitoring of law enforcement;

(B) the use of environmental monitoring of law enforcement has nothing to do with official activities;

(C) the violation of environmental norms for law enforcement officials;

(D) other acts that violate the provisions of environmental surveillance and law enforcement related to document management. To withhold environmental monitoring of law enforcement personnel, issuing departments will be expected to back conducting environmental surveillance and law enforcement training.

Documents during the suspension, may not engage in environmental monitoring and law enforcement.

    Withhold environmental monitoring enforcement documents shall be promptly reported to the issuing department record.

Article 21st holder of any of the following acts, by issuing departments to recover the environment surveillance and law enforcement documents:

(A) administrative sanctions shall be subject to criminal punishment, administrative detention or demerit or more;

(B) fraud, fraud, bribery or other improper means to obtain environmental monitoring of law enforcement;

(C) violation of honest law enforcement-related provisions and the circumstances being serious;

    (D) other serious violations of the relevant laws and regulations.

22nd environmental protection authorities of any of the following acts, by a higher competent Department of environmental protection criticized a rectification:

(A) arrangements without environmental monitoring law enforcement personnel engaged in environmental surveillance and law enforcement work;

(B) to holders and environmental surveillance and law enforcement document mismanagement leads to serious consequences;

    (Iii) other acts that violate the provisions of environmental surveillance and law enforcement related to document management.

    Article 23rd licensing departments who violate the regulations, abuse, deception, negligence, unauthorized grant or ultra vires issue of environmental surveillance and law enforcement documents, shall be subject to punishment.

    The fifth chapter by-laws

    24th article this way by the Environmental Protection Department is responsible for the explanation. 25th article of the rules take effect on March 1, 2014. Originally released by the national environmental protection agency of the environmental supervision and management measures of enforcement mark (national environmental protection agency 9th) repealed simultaneously.