VZCZCXRO7934
RR RUEHHM RUEHLN RUEHMA RUEHPB RUEHPOD
DE RUEHHI #1706/01 2691557
ZNR UUUUU ZZH
R 261557Z SEP 07
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC 6420
INFO RUEHHM/AMCONSUL HO CHI MINH 3739
RUEHBK/AMEMBASSY BANGKOK 5983
RUEHZN/ENVIRONMENT SCIENCE AND TECHNOLOGY COLLECTIVE
RUEHC/DEPT OF INTERIOR WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RHMFIUU/HQ EPA WASHINGTON DC
RUEANAT/NASA WASHINGTON DC
RUEHRC/DEPT OF AGRICULTURE WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC

UNCLAS SECTION 01 OF 03 HANOI 001706 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EAP/MLS, OES AND INL 
DEPT PASS USAID TO LAC/RSD, LAC/SAM, G/ENV, PPC/ENV 
AGRICULTURE FOR FOREST SERVICE: LMAHEW 
AGRICULTURE FOR ARS/INTERNATIONAL RESEARCH: GFLANLEY 
INTERIOR FOR DIR INT AFFAIRS: KWASHBURN 
INTERIOR FOR FWS: TRILEY 
INTERIOR FOR NPS: JPUTNAM 
INTERIOR PASS USGS FOR INTERNATIONAL: JWEAVER 
JUSTICE FOR ENVIRONMENT AND NATURAL RESOURCES: JWEBB 
EPA FOR INTERNATIONAL: MKASMAN 
 
E.O. 12958: N/A 
TAGS: SENV EAGR EAID TBIO ECON SOCI VM
SUBJECT: VIETNAM'S NASCENT ENVIRONMENTAL POLICE DEPARTMENT LACKS 
CAPACITY TO FULFILL MANDATE 
 
REF: BRASILIA 1803 
 
HANOI 00001706  001.2 OF 003 
 
 
¶1. 1.  (U) Summary:  Vietnam's new Environmental Police Department 
(EPD) reflects increasing awareness at high levels in the Government 
of Vietnam (GVN) of the environmental impacts of economic growth. 
The EPD has a broad mandate to target environmental violations 
throughout the country.  However, limited resources and limited 
understanding of environmental enforcement procedures constrain its 
effectiveness.  EPD officials eagerly seek USG guidance and possible 
support.  We recommend environmental law enforcement training for 
the EPD modeled on ongoing USG training efforts around the world. 
End Summary. 
 
Environmental Police Department (EPD) 
------------------------------------- 
 
¶2.  (SBU) In a recent meeting with ESTHOff, Colonel Luong Minh Thao, 
Deputy Director of the Vietnam EPD in the Ministry of Security, 
reviewed the structure of the EPD and its recent participation in 
investigations and prosecutions for improper disposal of hospital 
waste and illegal wildlife trading.  The EPD came into being on 
November 29, 2006, pursuant to a decision by the Minister of Public 
Security.  Prior to that, EPD functions were part of the Economic 
Police Department.  All EPD staff have been recruited from other 
investigatory forces and trained in environmental protection.  On 
September 17, 2007, the Ministry decided to create EPDs in all 64 
provinces, with the same duties and responsibilities as the national 
EPD. Currently, the EPD has over 100 staff members with plans to 
soon increase to 200.  By 2010, provincial EPDs are expected to each 
include 30-70 staff, bringing total forces to over 3,000. 
 
GVN Concerned About Pressures of Economic Development 
--------------------------------------------- -------- 
 
¶3.  (SBU) According to Thao, the Minister of Public Security created 
the EPD in response to general concerns about the impact of economic 
development and societal change and not due to any specific 
pollution incidents.  Rapid population growth, industrial 
development, traffic increases, and societal changes are putting new 
pressures on the environment.  While Thao stated that the GVN did 
not believe that local environmental threats were very serious when 
compared to other countries or to potential pollution in the future, 
the GVN wants to move proactively to prevent possible impacts of 
pollution on the environment. 
 
EPD Responsibilities 
-------------------- 
 
¶4.  (SBU) The GVN has tasked the EPD with investigating and 
detecting violations of Vietnamese and international environmental 
laws and preventing and fighting environmental crimes. 
Specifically, the Criminal Law of 1999 contains one article (Chapter 
17), that covers environmental violations.  Vietnamese law also 
requires the preparation of an environmental impact assessment (EIA) 
prior to the construction of a new facility/enterprise.  EPD works 
with other environmental authorities to ensure entities construct 
facilities consistent with properly-prepared EIAs.  EPD also 
monitors industrial facilities and other entities, such as 
hospitals, for compliance with regulations on waste management and 
disposal and emissions of pollutants. 
 
Environmental Enforcement Coordination 
-------------------------------------- 
 
¶5.  (SBU) The GVN created an environmental evaluation center to help 
coordinate environmental enforcement activities and the Ministry of 
Public Security issued guidance to harmonize enforcement efforts. 
However, according to Thao, coordination among relevant agencies 
remains informal, and may involve a simple telephone call letting 
another agency know of a potential problem.  EPD works closely with 
five separate environmental protection forces in the Ministry of 
 
HANOI 00001706  002.2 OF 003 
 
 
Natural Resources and Environment (MONRE), as well as with 
functional sections in the Departments of Health and Industry. 
During site investigations, EPD staff cooperates with the Vietnam 
Environmental Protection Agency (VEPA) under MONRE.  When 
investigating violations of wildlife conservation provisions or 
forestry laws, the EPD works closely with the Forest Protection 
Department (under the Ministry of Agriculture and Rural 
Development). 
 
Investigations 
-------------- 
 
¶6.  (SBU) The EPD typically learns of possible violations from local 
citizens, cooperative agencies, or from undercover investigations. 
Though EPD does not have the capacity to take and analyze samples of 
materials suspected of violating regulations, other partner agencies 
perform this function.  The EPD recently teamed with MONRE to 
investigate 50 factories at an industrial zone and discovered that 
several did not properly treat wastewater.  In cooperation with 
VEPA, the EPD discovered that contractors at Hanoi-area hospitals 
were selling medical waste for recycling into consumer items.  EPD 
also participated in the recent operation that netted the remains of 
four endangered tigers and numerous bears. 
 
Punishments 
----------- 
 
¶7.  (SBU) According to Thao, investigations uncover 2 types of 
violations, serious and minor.  Minor violations typically result in 
small administrative fines or efforts to educate violators. Serious 
violations may constitute criminal infractions.  In the recent 
industrial zone investigation, minor violators only faced 
administrative fines.  However, the EPD recommended that the GVN 
suspend permission to operate for two serious violators.  The GVN 
will prosecute criminal violations in the courts, which Thao 
asserted have the capacity to handle environmental cases.  At the 
same time, Thao conceded that the judiciary has little experience as 
most violations tracked by the EPD were not serious.  Vietnam does 
not have a specific court for environmental issues. 
 
Request for U.S. Assistance 
--------------------------- 
 
¶8. (SBU) Thao and his staff acknowledged that the EPD had little 
understanding of investigatory practices and procedures specific to 
environmental issues and inquired about the structure and procedures 
of the U.S. environmental regulatory system.  Col. Thao requested 
assistance to train his staff on basic investigatory principles and 
in helping Vietnam to develop the necessary regulatory and 
enforcement regime to protect the environment.  He noted that he had 
previously received counter-narcotics training and wondered if such 
training could be modified for environmental protection. 
 
Comment 
------- 
 
¶9.  (U) Vietnam is starting to recognize the need to balance 
economic growth with environmental protection, but has little 
practical knowledge of how to do so.  An effective environmental 
regulatory system, with competent enforcement agencies, will promote 
responsible industrialization, buttress ongoing USG efforts to 
enhance public health, protect fragile and unique ecosystems, and 
reassure foreign (including U.S.) investors concerned with vague 
regulations and haphazard enforcement. Within the constraints of our 
ability to help, we recommend that the USG consider providing the 
requested assistance.  EPD officers would benefit from related 
training at the International Law Enforcement Academy in Bangkok or 
from in country presentations by U.S. Environmental Protection 
Agency or Department of Justice experts like those noted in reftel. 
Such training would dovetail with similar training provided to MONRE 
environmental inspectors through the USAID-supported Asian 
 
HANOI 00001706  003.2 OF 003 
 
 
Environmental Compliance and Enforcement Network. 
 
Michalak