Recently, Decree No. 45/2022/ND-CP on sanctioning administrative violations in the field of environmental protection issued on July 7, 2022 has many new points, in particular, it must be mentioned that the data obtained from technical means and equipment provided by individuals and organizations can be used to identify administrative violations, specifically:
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The use of data obtained from technical means and equipment provided by individuals and organizations to detect administrative violations in the field of environmental protection shall comply with the Decree on the list, management and use of means, professional technical equipment and collection processes, use data obtained from technical means and equipment provided by individuals and organizations to detect administrative violations. This is the content specified in Decree No. 135/2021/ND-CP, which clearly states:
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- Data obtained by individuals and organizations from technical means and equipment to agencies, units and persons competent to sanction in one of the following forms:
+ Directly to the headquarters of the competent person or unit or the scene of the incident to provide;
+ Emails, portals or websites, hotline phone numbers;
+ Postal service;
+ Connect, share data.
- Responsibilities of individuals and organizations providing data:
+ Provide information on full names, addresses and methods of communication in case the agencies and units of competent persons belonging to the prescribed forces;
+ Take responsibility before law for the authenticity and integrity of the provided data;
+ Cooperate with the competent person to resolve when requested.
- Contents of data verification:
+ Whether or not there are administrative violations; time and place of administrative violations;
+ Organizations and individuals committing administrative violations; errors and identities of violators;
+ Aggravating and mitigating circumstances;
+ Nature and extent of damage caused by administrative violations;
+ Papers, exhibits and means of administrative violations;
+ Other relevant facts (if any).
Note: Results collected by means and technical equipment are compared to the maximum permissible concentration of environmental parameters in the current technical regulations to identify administrative violations.
In case of detecting administrative violations, competent persons shall make records of administrative violations and issue sanctioning decisions for administrative violations under their competence or transfer dossiers to persons competent to sanction them in accordance with law.
In case of determination that there are no administrative violations or insufficient grounds to prove administrative violations or administrative violations in cases specified in Article 65 of the Law on Handling of Administrative Violations, administrative violations shall not be sanctioned;
Decree No. 45/2022/ND-CP takes effect from August 25, 2022.
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