To:
Departments of Natural Resources and Environment of provinces and
central-affiliated cities
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1. Review and update the list
of unexpired Certificates on the National Single Window Portal and the Online
Public Services Portal of the Ministry of Natural Resources and Environment; if
Provincial Departments of Natural Resources and Environment fail to update the
required information, customs authorities shall lack the basis for granting
customs clearance resulting in overloading of waste at ports and damage to
importers.
2. From October 29, 2018,
pursuant to the Circular No. 08/2018/TT-BTNMT and the Circular No.
09/2018/TT-BTNMT, Provincial Departments of Natural Resources and Environment
shall take charge of state inspection of quality of imported waste for
production. Thus, for the consistent implementation of two Circulars mentioned
above, the Ministry of Natural Resources and Environment would like to provide
specific guidelines for implementation of these Circulars in the Appendix 1 enclosed
herewith.
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4. Provincial Departments of
Natural Resources and Environment are requested to create emails on the
electronic information systems of Provincial People’s Committees in order to
serve the customs clearance for imported waste, receive and inform results of
state inspection of quality of imported waste, including information about type,
HS code and quantity of imported waste. Information about emails of Provincial
Departments of Natural Resources and Environment must be notified in writing to
the Vietnam Environment Administration, the Ministry of Natural Resources and
Environment (via email: [email protected]
or [email protected]) and the General
Department of Customs affiliated to the Ministry of Finance by October 29,
2018.
Difficulties that arise during the implementation
of guidelines herein should be reported to the Vietnam Environment
Administration via the Waste Management Department (via email:
[email protected] or [email protected]) for
consideration./.
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PP. MINISTER
DEPUTY MINISTER
Vo Tuan Nhan
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APPENDIX 1
GUIDELINES
FOR IMPLEMENTATION OF THE CIRCULAR NO. 08/2018/TT-BTNMT AND THE CIRCULAR NO.
09/2018/TT-BTNMT
(Enclosed with the Official Dispatch No. 5943/BTNMT-TCMT dated October 26,
2018 by the Ministry of Natural Resources and Environment)
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1. Legal
grounds for state inspection of quality of imported waste for production
- Pursuant to Article 76 of
the Law on environment protection in 2014 and the Decision No. 73/2014/QD-TTg
dated December 19, 2014 by the Prime Minister, the Ministry of Natural
Resources and Environment has formulated national technical regulations on
environment with respect to imported waste for production.
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2. Authorities
in charge of state inspection of quality of imported waste for production
Pursuant to Clause 3 Article 1 of the Decree No.
74/2018/ND-CP amending Clause 9 Article 7 of Decree No. 32/2008/ND-CP: the
state inspection of quality of imported goods shall be undertaken by agencies
having assigned or decentralized regulatory authority over the quality of goods
and products that are affiliated to industry or sector-specific ministries and
professional agencies of People’s Committees of provinces and
central-affiliated cities and regulations laid down in the Circular No.
08/2018/TT-BTNMT and the Circular No. 09/2018/TT-BTNMT, authorities in charge
of performing state inspection of quality of imported waste are Departments of
Natural Resources and Environment of provinces or central-affiliated cities
where factories or manufacturing plants using imported waste for production are
located.
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From October 29, 2018, the Circular No.
08/2018/TT-BTNMT and the Circular No. 09/2018/TT-BTNMT become effective. Thus,
regulations on notification of imported waste shipment laid down in Article 10
of the Circular No. 41/2015/TT-BTNMT dated September 09, 2018 shall be null and
void. However, with regard to imported waste shipments granted the approval for
import by the Vietnam Environment Administration before October 29, 2018,
importers are entitled to use such written approval of the Vietnam Environment
Administration for following customs procedures at checkpoints.
3. State
inspection of quality of imported waste
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3.1. Step 1: Receive(1)and check the adequacy and validity of documents included in
the application for state inspection of quality of imported waste:
Based on the application submitted by the importer
(using form No. 1), the Provincial Department of Natural Resources and
Environment shall receive and check the adequacy and validity of the received
application for state inspection of quality of imported waste using the form
No. 2 enclosed herewith (corresponding to the form No. 2 provided in the
Appendix enclosed with the Decree No. 74/2018/ND-CP). Diagram for submitting
and receiving an application for state inspection of quality of imported waste:
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a) The application form for state inspection of
quality of imported waste made using form No. 1 provided in this Appendix
(corresponding to the form No. 1 provided in the Appendix enclosed with the
Decree No. 74/2018/ND-CP);
b) The sales contract, accompanied by the copy of
the packing list;
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d) The original or certified copy of the
Certificate of inspection of quality of the imported waste shipment. This
Certificate of inspection of quality of the imported waste shipment may be
supplemented after it is provided by the designated inspection body (on the
basis of physical inspection and sampling (if necessary) as prescribed in the
following Step 2);
dd) Invoice;
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g) Declaration of imported waste;
h) Images or description of imported waste;
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k) The certified copy of the Certificate of deposit
for the imported waste shipment for which the application for state inspection
is submitted.
- Applications and results of
state inspection of quality of imported waste may be received and provided
directly, by post or via email on the electronic information system of each
Provincial People's Committee (…gov.vn). Information about emails for receiving
applications and giving results of state inspection of quality of imported
waste must be notified in writing to the Vietnam Environment Administration
(affiliated to the Ministry of Natural Resources and Environment) and the General
Department of Customs (affiliated to the Ministry of Finance) for provision of
consistent information serving customs clearance and management of imported
waste.
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- After receiving the written
notification of inspection location and sampling from the importer, the
Provincial Department of Natural Resources and Environment shall play the
leading role and cooperate with customs authority and the designated inspection
body (the importer is responsible for informing the customs authority, the
inspecting agency, and the inspection body designated by the Ministry of
Natural Resources and Environment of inspection date and location) in
organizing the inspection and sampling (if necessary) for assessing the quality
of the imported waste shipment in accordance with applicable regulations.
- The location of inspection
and sampling serving the assessment of quality of imported waste shall be
determined in accordance with the Decision No. 15/2017/QD-TTg dated May 12,
2017 by the Prime Minister.
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- Samples must be sealed and a
sampling record must be made with certification of the customs declarant, the
Provincial Department of Natural Resources and Environment, the customs
authority and the inspection body (The sampling record and sample seal template
are made using the form No. 4 enclosed herewith).
- Inspection results
(original) given by the designated inspection body must be sent to the
Provincial Department of Natural Resources and Environment to use the basis for
assessing the conformity of the imported waste shipment.
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3.3.1. Inspection contents: Diagram for
inspection and giving inspection results:
The Provincial Department of Natural Resources and
Environment shall perform the inspection contents as follows:
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- Inspect the consistency of the
information about the imported waste shipment with the information specified in
the sampling record (if sampling is carried out) and the information specified
in the certificate of inspection of imported waste.
- Inspect the contents of the
certificate of inspection which must include assessments of technical
requirements on quality of imported waste laid down in Section 2 of National
technical regulations on environment with respect to imported waste (using the
form No. 5 on contents of a certificate of inspection enclosed herewith as
reference).
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Check documents accompanied with the Application
form for state inspection of quality of imported waste, ensuring all required
documents as mentioned in Section 3.1 are submitted. Check the following
contents:
b1) With regard to the Certificate of satisfaction
of environment protection requirements for import of waste for production
(hereinafter referred to as " Certificate of satisfaction of environment
protection requirements”):
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- Check information provided
in the Certificate of satisfaction of environment protection requirements:
Issuing authority, date of issue; name of direct importer/ entrusted importer;
name and address of the factory/ manufacturing plant using imported waste; type
of imported waste, HS code, licensed quantity of imported waste; validity of
the Certificate of satisfaction of environment protection requirements.
- In case of entrusted
importer, check the certified copy of the contract for entrusted import signed
with the organizing or individual using waste for production that is granted
the Certificate of satisfaction of environment protection requirements.
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b2) With regard to the Certificate of deposit for
the imported waste shipment as regulated in Article 58 and Article 59 of the
Government’s Decree No. 38/2015/ND-CP dated April 24, 2015:
- The Certificate of deposit
must be issued by Vietnam Environment Protection Fund or the commercial bank
where the importer deposits money for the imported waste shipment.
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- Required deposits:
+ If the quantity of imported steel waste is less
than 500 tonnes, the required deposit is 10% of total value of the imported
waste shipment;
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+ If the quantity of imported steel waste is 1,000
tonnes or more, the required deposit is 20% of total value of the imported
waste shipment;
+ If the quantity of imported paper or plastic
waste is less than 100 tonnes, the required deposit is 15% of total value of
the imported waste shipment;
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+ If the quantity of imported paper or plastic
waste is 500 tonnes or more, the required deposit is 20% of total value of the
imported waste shipment.
+ With regard to other types of imported waste,
check the Certificate of deposit to ensure that the deposit is at least 10% of
the imported waste shipment.
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b3) With regard to invoices and bill of lading:
Check the conformity of the quantity, type of imported waste, and port of entry
with the application form for state inspection and declaration for import of
waste of the importer.
3.3.2. Notifying inspection results:
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- If the application is
sufficient and satisfactory, within a business day from the receipt of the
application, the Provincial Department of Natural Resources and Environment
shall prepare a notice that quality of the imported waste shipment is
satisfactory using the form No. 3 enclosed herewith (corresponding to the form
No. 3 provided in the Appendix enclosed with the Decree No. 74/2018/ND-CP) and
send it to the importer for following customs procedures. In case the
certificate of inspection of quality given by the designated inspection body is
not conformable with the dossier of the imported waste shipment or indicates
that the quality of imported waste does not meet requirements laid down in
national technical regulations on environment, the Provincial Department of
Natural Resources and Environment shall give a notice that the quality of
imported waste is unsatisfactory using the form No. 3 enclosed herewith
(corresponding to the form No. 3 provided in the Appendix enclosed with the
Decree No. 74/2018/ND-CP). Such notice must indicate unsatisfactory contents
and be sent to the customs authority, the importer and the Vietnam Environment
Administration. At the same time, the Provincial Department of Natural
Resources and Environment shall inform the Provincial People’s Committee if the
inspection results indicate that the importer of the imported waste shipment
commits violations against the Law on environment protection.
- If the application is
insufficient, the Provincial Department of Natural Resources and Environment
shall point out documents to be supplemented in the application receipt and
request the importer to complete the application within 15 business days. If
the importer fails to complete it within this time limit, a document indicating
reasons thereof and deadline for completing the application must be sent to the
Provincial Department of Natural Resources and Environment. The inspection
shall be continued after the application is sufficient.
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The notice of results of state inspection of
quality of imported waste shall be sent to the Vietnam Environment
Administration affiliated to the Ministry of Natural Resources and Environment
(via email: [email protected] or [email protected]) and the
General Department of Customs affiliated to the Ministry of Finance. The
Provincial Department of Natural Resources and Environment shall also regularly
update such notices on the National Single Window Portal.
4. Receiving
applications and giving results of state inspection of quality of imported
waste with authorization
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These are guidelines on state inspection of quality
of imported waste that the Ministry of Natural Resources and Environment
provides for Provincial Departments of Natural Resources and Environment.
Any difficulties that arise during the implementation
of this document should be submitted to:
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Telephone: 024 3795 6868 ext:3286
E-mail: [email protected] or
[email protected]./.
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List
of document forms enclosed with the Appendix 1
Form No. 1
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Form No. 2
Receipt of the application for the state
inspection of quality of imported plastic waste
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Notice of results of state inspection of quality
of imported waste shipment
Form No. 4
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Form No. 5
Contents of certificate of inspection of imported
waste
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Form
No. 1:
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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To: The Department
of Natural Resources and Environment (of province where the factory using
imported waste is located)
Importer: ………………………………………………………………………………….
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Telephone, fax, email: ……………………………………………………………………………
Certificate of satisfaction of environment
protection requirements No.:…………………… issued on……………………… by (name of issuing authority)
…………….
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Applies for state inspection of quality of imported
waste as follows:
No.
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Technical
specifications
Origin
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Quantity of
imported waste (tonnes)
Quantity of
imported waste of this shipment (tonnes)
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Time of import
1
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Importing country
E.g.: Japan....
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2
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Location where imported waste are delivered to: ………………………………………………
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- Contract No.: ………………………………………………………………………..
- Packing list: ……………………………………………………………
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- Invoice No.: ……………………………………………………………………………
- Bill of Lading:
...........................................................................................
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- Images or description of imported waste:
……………………………………………………..
We confirm and assume legal liability for the
validity and legality of the provided information concerning the imported waste
shipment, and also confirm that the quality of the imported waste shipment is
conformable with national technical regulations on environment with respect to
the following waste..................imported for production.
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(NAME OF THE INSPECTING AGENCY)
Registration No.:………../(abbreviated name of the inspecting agency)
Date:………………………………
(signature and seal of representative of the inspecting agency)
……..
…………………..[date]
(IMPORTER)
(Signature and seal)
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Form
No. 2:
(NAME OF THE
GOVERNING AUTHORITY)
NAME OF THE INSPECTING AGENCY
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No.:
/(CQKT)
….... ... ...[place],
... ... ... ...[date]
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RECEIPT OF THE APPLICATION FOR THE STATE INSPECTION
OF QUALITY OF IMPORTED PLASTIC WASTE
No.
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Yes/ No
Notes
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No
1
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□
□
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2
Sales contract, accompanied by the copy of the
packing list
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□
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Packing list, accompanied by the copy of the
sales contract
□
...
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4
...
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□
□
...
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5
Invoice
...
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□
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Bill of Lading
□
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7
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□
□
...
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8
Images or description of imported waste
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□
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Certificate of satisfaction of environment protection
requirements for import of waste for production (copy)
□
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10
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□
□
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CONCLUSION
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□ The application is
insufficient: The application is received but the following documents:……………
must be supplemented within 15 days. After all required documents are supplemented,
the next inspection steps shall be carried out in accordance with applicable
regulations./.
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PERSON
RECEIVING AND CHECKING THE APPLICATION
(signature and full name)
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(NAME
OF THE GOVERNING AUTHORITY)
NAME OF THE INSPECTING AGENCY
--------
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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…... ...
...[place], ... ... ... ...[date]
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Results of state inspection of quality of
imported waste shipment
No.
...
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Technical
specifications
Origin
...
...
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Quantity of
imported waste (tonnes)
Quantity of
imported waste of this shipment (tonnes)
...
...
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Shipment …….. (name of waste): HS Code
Conformable/ Not
conformable with national technical regulation …..
...
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...
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2
Shipment ….
...
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...
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- Port of entry:
…………………………………………………………………………………
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Documents about the shipment 1 include:
+ Contract No.: ……………………………………………………………………………………
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+ Invoice No.: ……………………………………………………………………………………...
+ Bill of lading No.:
………………………………………………………………………………..
...
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+ Contract No.: …………………………………………………………………………………….
+ Packing list No.: …………………………………………………………………………
...
...
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+ Bill of lading No.: ..............................................................................................................
- Import declaration No.:
……………………………………………………………………
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- Address: ………………………………………………………………………………………….
- Telephone, fax, email: ………………………………………………………………………….
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- Certificate of deposit for
the imported waste shipment: ………………………………………
- Application form for state inspection No.:
…………………………dated…………………….
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+ Technical regulations: Names of technical
regulations on environment regarding imported waste for reference are specified
+ Other regulations: ……………………………………………………………………………….
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………..……………………………………………………………………………………………..
INSPECTION
RESULTS
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- “The quality of imported
waste is satisfactory”;
- Or "The quality of
imported waste is unsatisfactory”; in such case, reasons and requests, if any,
are specified;
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- Or “The conformity of the
shipment should be re-assessed at……….”;
- Or “The shipment is kept
awaiting sampling and testing by the inspecting agency".
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Place of receipt:
- Importer;
- The customs authority at the checkpoint of import;
- The Vietnam Environment Administration;
- Kept at: VT, (abbreviated name of the inspecting agency).
INSPECTING
AGENCY
(signature and seal)
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Form
No. 4:
(NAME OF THE
GOVERNING AUTHORITY)
NAME OF THE INSPECTING AGENCY
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….... ... ...[place],
... ... ... ...[date]
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INSPECTION AND SAMPLING RECORD
1. Representatives of
organizations/ authorities engaged in the inspection and sampling:
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- Representative of the importer (goods owner): …………………………………….
- Representative of the inspection body (in charge
of sampling): ………………………….
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2. Particulars of the importer
and the inspected shipment:
+ Name of importer: …………………………………………………………………………….
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+ Certificate of satisfaction of environment
protection requirements No.:………………….. issued on………………………. by (name of issuing
authority).....................
+ Certificate of deposit for the imported waste
shipment: ……………………………………
...
...
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+ Packing list No.: ………………………………………………………………………….
+ Invoice No.: ………………………………………………………………………………………
...
...
...
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+ Import declaration No.: ………………………………………………………………..
+ Types of imported waste (name and HS code are
specified): ………………………………
...
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3. Location of inspection and
sampling: ………………………………………………………..
4. Time of inspection and
sampling (date and time are specified): ……………………………
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5.1. Number of container/ vehicle (waste in bulk)
to be visually inspected: …………………………………………………………………………
………………………………………………………………………………………………………
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6. Sampling method: ………………………………………………………………………….
7. Particulars of
representative sample:
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Representative
sample
Sampling purpose
...
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Number of
container/ vehicle to be sampled
Notes
...
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Examine impurities
...
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- Number of samples is prescribed
in Section 3 – Procedures for inspection and determination methods, national
technical regulations on environment regarding imported waste for production
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Determine the ratio of waste of HS codes other
than the declared one
...
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- Applied to steel waste;
plastic and paper waste
...
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3
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Applied to plastic waste according to QCVN
32:2018/BTNMT
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9. Other contents (if any): ………………………………………………………………………
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REPRESENTATIVE
OF THE CUSTOMS AUTHORITY
(signature and full name)
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REPRESENTATIVE
OF THE INSPECTING AGENCY
(signature and full name)
REPRESENTATIVE
OF THE INSPECTION BODY
(signature and full name)
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REPRESENTATIVE
OF THE GOODS OWNER
(signature and full name)
SAMPLE SEAL
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- Name of the sample: ……………………………………………………………………………
- Ordinal number (the ordinal number specified in the
sampling record is specified): ………………………………………..
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REPRESENTATIVE
OF THE GOODS OWNER
(signature and full name)
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Form
No. 5
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I. General information
1.1. Location of inspection:
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1.3. Participants in the inspection process:
- Representative of the
inspecting agency: ………………………………………………….
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- Representative of the inspection body (in charge
of sampling): ………………………….
- Representative of the customs authority: ……………………………………………………
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+ Name of importer: ……………………………………………………………………………
+ Address: …………………………………………………………………………………………
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+ Certificate of deposit for the imported waste
shipment: …………………………
+ Contract No.: ……………………………………………………………………………………
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+ Invoice No.: ………………………………………………………………………………………
+ Bill of lading No.: …………………………………………………………………………………
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+ Types of imported waste (name and HS code are
specified): ………………………………
+ Quantity: Number of containers/ quantity of waste
in bulk.
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1.7. Inspection method: Visual inspection or
inspection by sampling and analysis:
II. Results of inspection of quality of imported
waste
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- Types of impurities
(determined by referring to regulations on undesirable impurities in imported
waste laid down in applicable national technical regulations).
- Percentage of impurities mixed
with imported waste.
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2.2. Prohibited impurities in imported waste
(determined by referring to regulations on prohibited impurities in imported
waste laid down in applicable national technical regulations). Types of harmful
impurities must be specified, if any.
2.3. The percentage of waste of HS codes other than
the one stated in the import declaration (applied to steel, plastic and paper
waste): - Does not exceed 20%
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2.4. The percentage of small plastic pieces with
any side exceeding 10 cm (applied to imported plastic waste).
2.5. Quality of slag as defined in QCVN 16:2017/BXD
(applied to imported slag).
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1
In case the importer applies for inspection of quality of imported waste via the
National Single Window Portal, the application and inspection results shall be
submitted and given via the National Single Window Portal.
2
For the purpose of information consolidation and updating, the inspecting agency
is required to provide Vietnam Environment Administration with notices of
results of state inspection of quality of imported waste via email: [email protected] or
[email protected].