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MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 07/2025/TT-BTNMT
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Hanoi, February 28, 2025
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CIRCULAR
AMENDMENTS TO SOME ARTICLES OF
CIRCULAR NO. 02/2022/TT-BTNMT DATED JANUARY 10, 2022 OF THE MINISTER OF NATURAL
RESOURCES AND ENVIRONMENT ON ELABORATION OF LAW ON ENVIRONMENTAL PROTECTION
Pursuant
to the Law on Environmental Protection dated November 17, 2020;
Pursuant
to the Government's Decree No. 68/2022/ND-CP dated September 22, 2022 on
functions, tasks, powers and organizational structure of the Ministry of
Natural Resources and Environment;
Pursuant
to the Government’s Decree No. 08/2022/ND-CP dated January 10, 2022 on
elaboration of the Law on Environmental Protection (hereinafter referred to as
“Decree No. 08/2022/ND-CP”);
Pursuant
to the Government’s Decree No. 05/2025/ND-CP dated January 06, 2025 on
amendments to the Government’s Decree No. 08/2022/ND-CP dated January 10, 2022
on elaboration of the Law on Environmental Protection (hereinafter referred to
as “Decree No. 05/2025/ND-CP”);
At
the request of Director of the Pollution Control Department, Director of the
Department of Legal Affairs and Director of the Department of Environment;
The
Minister of Natural Resources and Environment promulgates Circular on
amendments to some articles of Circular No. 02/2022/TT-BTNMT dated January 10,
2022 on elaboration of Law on Environmental Protection.
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1.
Article 1 shall be amended as follows:
“1.
This Circular elaborates point a, clause 2 and point b, clause 3, Article 8;
clause 7, Article 10; point a, clause 1, Article 19; clause 2, Article 24;
clause 3, Article 27; clause 2, Article 32; clause 11, Article 34; clause 5,
Article 40; clause 9, Article 49; clause 4, Article 62; clause 8, Article 67;
clause 6, Article 72; clause 4, Article 74; point c, clause 1, Article 75;
clause 2, Article 76; clause 5, Article 78; clause 5, Article 79; clause 4,
Article 80; clause 4, Article 81; clause 5, Article 83; clause 4, Article 84;
clause 6, Article 86; point b, clause 1, Article 115; point b, clause 2,
Article 115; clause 5, Article 118; clause 5, Article 119; clause 5, Article
120; clause 7, Article 126 and clause 6, Article 148 of the Law on Environmental
Protection.
2.
This Circular elaborates point d, clause 2, Article 15; point d, clause 2,
Article 16; clause 5, Article 17; clause 3, Article 18; clause 7, Article 19;
clause 2, Article 21; point a, clause 6 and point a, clause 8, Article 21;
point b, clause 3, Article 26; point e, clause 3, Article 28; point dd, clause
5, Article 28; clause 13, Article 29; clause 16, Article 30; point b, clause
12, Article 31; clause 9, Article 36; point a, clause 3, Article 37; clause 5,
Article 40; clause 10, Article 45; point b, clause 2, point b, clause 3,
Article 54; point dd, clause 2, Article 58; point a, point c, clause 4, Article
65; clause 1, clause 3, Article 66; clause 2, clause 3, Article 67; clause 2,
Article 69; clause 4, Article 71; point c, clause 2, Article 76; clauses 1, 2,
3, Article 80; clause 2, point a, clause 3, Article 81; clause 3, Article 82;
clause 1, Article 84; clause 5, Article 93; clause 6, Article 94; clause 6,
clause 8, Article 96; point d, clause 4, point a, clause 6 and point c, clause 7,
Article 97; point c, clause 5, point a, clause 7 and point c, clause 8, Article
98; clause 4, Article 104; clause 6, Article 105; clause 1, Article 107; point
a, clause 2, Article 111; clause 4, Article 125; clause 7, Article 127; clause
1, Article 145; clause 6, Article 147 and point dd, clause 5, Article 163 of
Decree No. 08/2022/ND-CP amended by Decree No. 05/2025/ND-CP.
2.
Clause 1 Article 7 shall be amended as follows:
“1. A
preliminary report on investigation and assessment of the quality of soil environment;
a detailed report on investigation and assessment of soil environmental
pollution area; a document on structure and solutions for treatment,
improvement and remediation of soil environment shall be made according to Form
No. 02, Form No. 03 and Form No. 05 Appendix I enclosed with this Circular.”
3.
Clause 2, clause 4, clause 6, clause 7 shall be amended and clause 9 shall be
added after clause 8 Article 13 as follows:
a)
Clause 2 shall be amended as follows:
"2.
The appraisal council shall be composed of a President, Vice President (if
any), secretary, 02 reviewers and other members. The appraisal council
shall work on the principle of public discussion with council members or the
owner of the project/business in the form of official meeting or thematic
meeting decided by the President, if necessary. The council’s members that are
representatives of authorities and organizations shall submit written documents
on appointment prepared by such authorities and organizations.”.
b)
Clause 4 shall be amended as follows:
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c)
Clause 6 and clause 7 shall be amended as follows:
“6.
The President, Vice-President (s) (if any) and the secretary of the appraisal
council shall be public employees of an appraisal authority or a specialized
authority affiliated to the appraisal authority, except for the case specified
in clause 8 Article 34 of the Law on Environmental Protection. The
council’s President (or Vice-President authorized by the President in case where
the President is absent) and the secretary shall be responsible for signing the
minutes.
7.
The appraisal council’s members shall be responsible to the appraisal authority
and the law for their comments on and assessment of environmental impact
assessment reports and environmental improvement and remediation plans; be
provided with meeting documents at least 03 days before the opening date of the
meeting and be entitled to remuneration according to regulations of the law.”.
d)
Clause 9 shall be added after clause 8 as follows:
“9.
In case of approval for appraisal results without revisions in accordance with
clause 8 of this Article, the council’s President shall request the appraisal
authority to consider approving results of appraisal of environmental impact
assessment reports of projects.”.
4.
Clause 9 shall be added after clause 8 Article 15 as follows:
“9.
Written request for approval of result of appraisal of the EIAR according to
Form No. 09a Appendix II enclosed with this Circular.".
5.
Article 18 shall be amended as follows:
“Article
18. Working principles and responsibilities of appraisal council and
inspectorate responsible for appraising application for issuance of
environmental license
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2.
The inspectorate responsible for appraising application for issuance of
environmental license shall conduct on-site inspection at the place where the
investment project/business is located and compare the result of the on-site
inspection with the application for issuance or re-issuance of environmental
license prepared by the owner of the investment project/business in accordance
with regulations of the law on environmental protection, and assume
responsibility to the licensing authority and the law on inspection result.
3.
The appraisal council and inspectorate shall work on the principle of public
discussion.
4. An
official meeting of the appraisal council or the deployment of an inspectorate
shall only be conducted if the following conditions are fully satisfied:
a) At
least 2/3 (two thirds) of total council members, including the President or
Vice President authorized by the council (hereinafter referred to as “chair”)
and the secretary shall attend the meeting online or offline;
b) At
least 2/3 (two thirds) of total members of inspectorate, including a chief or
authorized deputy chief (s) of the inspectorate, and a secretary shall directly
participate in the on-site inspection.
c) A
competent representative or representative authorized by the owner of the
investment project/business shall attend in accordance with regulations.
5.
The council’s member who is absent may send his/her written comments before the
opening date of the official meeting of the council. His/her comments shall be
considered as those of a member who attends the meeting but he/she must not
write the appraisal sheet.
6.
Delegates who attend the meeting of the appraisal council or participate in the
inspectorate shall be decided, if necessary, by the licensing authority.
These delegates shall be entitled to express their opinions in the
meeting of the appraisal council or to the inspectorate under the direction of
the chair and receive remuneration in accordance with law.
7.
The President or Vice-President of the appraisal council, the chief or deputy
chief of the inspectorate, the leader or deputy leader of the inspectorate, the
secretary of the appraisal council and the secretary of inspectorate
shall be public employees of the appraisal authority, the environmental
licensing authority or the assigned/authorized specialized authority.
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9.
Members of the appraisal council and the inspectorate shall be responsible to
the licensing authority and law for their comments on and assessment of the
application for issuance or re-issuance of the environmental license and tasks
that are assigned by the chair during the appraisal and inspection process.
Such members shall be entitled to receive remunerations in accordance
with regulations of the law; members of the inspectorate shall be entitled to
receive remunerations that are the same as those provided for members of the
appraisal council.
10.
Results produced by the appraisal council responsible for appraising
application for issuance of environmental license shall be regulated as
follows:
a)
Approval without revisions: All appraisal sheets of members attending the
official meeting of the appraisal council show approval without revisions;
b)
Disapproval: Appraisal sheets of more than 1/3 (one third) of total members
attending the official meeting of the appraisal council show disapproval;
c)
Approval with revisions: cases other than those specified in point a and point
b of this clause.
11.
Results produced by the inspectorate responsible for appraising application for
issuance of environmental license shall be regulated as follows:
a)
Approval for issuance of the environmental license: all members of the
inspectorate approve the application for issuance of the environmental license
without revisions;
b)
Disapproval for issuance of the environmental license: more than 1/3 (one
third) of total members participating in the inspectorate express disapproval;
c)
Approval with revisions: cases other than those specified in point a and point
b of this clause.”
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“Article
19. Forms of documents used for issuance or revocation of environmental
licenses, on-site inspection of trial operation of waste treatment works
1.
Decision on establishment of an appraisal council responsible for appraising
application for issuance or re-issuance of environmental license to an
investment project according to Form No. 22 Appendix II enclosed with this
Circular.
2.
Decision on establishment of an inspectorate responsible for appraising
application for issuance or re-issuance of environmental license to an
investment project/business according to Form No. 24 Appendix II enclosed with
this Circular. This Decision shall be made and executed in the following cases:
a)
The inspectorate responsible for appraising application for issuance of
environmental license shall be established in accordance with point c clause 4
Article 29 of the Decree No. 08/2022/ND-CP
b)
The environmental license shall be re-issued in accordance with clause 5
Article 30 of the Decree No. 08/2022/ND-CP.
3.
Written notification of site survey plan in case of issuance of an
environmental license to an investment project that is not subject to
environmental impact assessment according to Form No. 26, Appendix II issued
together with this Circular.
4.
Record of site survey at the area where the investment project that is not
subject to environmental impact assessment is carried out according to Form No.
27, Appendix II issued with this Circular.
5.
Minutes of meeting of the appraisal council responsible for appraising
application for issuance or re-issuance of environmental license to an
investment project according to Form No. 28, Appendix II issued with this
Circular.
6.
Record of inspection of issuance or re-issuance of environmental license to the
investment project/business according to Form No. 29, Appendix II issued with
this Circular.
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8.
Appraisal sheets of members of the appraisal council responsible for appraising
application for issuance or re-issuance of environmental license to an
investment project according to Form No. 31, Appendix II issued with this
Circular.
9.
Written comments of members of the inspectorate responsible for appraising
application for issuance or re-issuance of environmental license to an
investment project/ business according to Form No. 32, Appendix II issued with
this Circular.
10.
Written announcement about completion or return of an application for issuance
or re-issuance of environmental license to an investment project/business
according to Form No. 33, Appendix II issued with this Circular.
11.
Written notification made by the licensing authority of the adjustment of type
and weight of hazardous waste allowed to be treated or weight of scrap allowed
to be imported to make production materials specified in clause 4, Article 30
of Decree No. 08/2022/ND-CP according to Form No. 35, Appendix II enclosed with
this Circular.
12. A
written enquiry sent to the regulatory body managing hydraulic structures
during the issuance or re-issuance of environmental license to an investment
project/business according to Form No. 36, Appendix II enclosed with this
Circular.
13. A
written enquiry sent to an authority/organization during the issuance or
re-issuance of environmental license according to Form No. 37, Appendix II
enclosed with this Circular.
14.
Written reply of the regulatory body managing hydraulic structures according to
Form No. 38, Appendix II issued together with this Circular.
15. A
written reply of the enquired authority/organization during the issuance or
re-issuance of environmental license according to Form No. 39, Appendix II enclosed
with this Circular.
16.
Environmental license (issued/replaced/re-issued) according to Form No. 40,
Appendix II enclosed with this Circular.
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18.
Decision on revocation of the environmental license according to Form No. 42,
Appendix II enclosed with this Circular.
19.
Written notification of the plan for trial operation of waste treatment works
of the investment project/business according to Form No. 43, Appendix II issued
with this Circular.
20.
Decision on appointment of officials to on-site inspection of waste treatment
works of the investment project or business in the process of trial operation
in cases other than those specified clause 4, Article 46 of the Law on
Environmental Protection according to Form No. 44, Appendix II issued together
with this Circular.
21.
Decision on establishment of an inspectorate responsible for on-site inspection
of the process of trial operation of waste treatment works of the investment
project or business specified clause 4, Article 46 of the Law on Environmental
Protection according to Form No. 44a, Appendix II issued together with this
Circular.
22.
Record of inspection or supervision of trial operation of waste treatment
works, made by an official or public employee according to Form No. 45,
Appendix II issued together with this Circular
23.
Record of inspection of trial operation of waste treatment works of the
investment project or business, using scrap as production materials or
hazardous waste treatment services according to Form No. 46, Appendix II issued
together with this Circular.”.
7.
Article 20 shall be amended as follows:
“Article
20. Additional waste monitoring regarding operating businesses upon proposal
for issuance of an environmental license and waste monitoring by an
inspectorate responsible for appraising application for issuance of
environmental license
1. In
case of proposal for issuance of an environmental license to a business that
satisfies the environmental criteria equivalent to group I or group II
investment project specified in point e clause 3 Article 28 of the Decree No.
08/2022/ND-CP, the additional waste shall be monitored as follows: a single
sample (regarding wastewater) and cluster sample (regarding exhaust gas) shall
be taken in 2 consecutive days for assessment of the efficiency in treatment by
the exhaust gas/wastewater treatment work and equipment (if any).
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3.
The waste monitoring by the inspectorate responsible for appraising application
for issuance of environmental license specified in clause 7 Article 29 of the
Decree No. 08/2022/ND-CP amended by clause 11 Article 1 of the Decree No.
05/2025/ND-CP shall comply with regulations on waste monitoring techniques.
Exhaust gas shall be monitored as follows:
a)
One exhaust gas sample shall be taken in order to measure and analyze indices
taken by the continuous sampling method (isokinetic and other methods according
to regulations on environmental monitoring techniques) as per law;
b) Another
sample shall be taken to measure indices by field rapid measuring equipment
(digital measuring equipment). The measurement result is an average value
of at least 03 measurements according to regulations on waste monitoring
techniques.”.
8.
Point a clause 2, clause 4, clause 5, clause 6 shall be amended and clause 7
shall be added after clause 6 Article 21 as follows:
a)
Point a clause 2 shall be amended as follows:
“2.
Exhaust gas/dust treatment work or equipment monitoring: exhaust gas/dust sample
shall be measured and taken for analysis and assessment of efficiency in each
waste treatment work or equipment included in the waste monitoring plan as
follows:
a)
The cluster sample shall be identified in one of the following two cases:
The
cluster sample shall be identified as a single sample when it is taken by the
continuous sampling method (isokinetic and other methods according to
regulations on environmental monitoring techniques) in order to measure and
analyze indices as per law.
When
the cluster sample is measured by field rapid measuring equipment (digital
measuring equipment), the measurement result is average value of at least 03
measurement results according to regulations at different 03 times in one day
(morning, noon - afternoon, afternoon - evening) or at 03 different times
(beginning, middle, end) of the production shift;”.
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“4.
With regard to dedicated areas for production, business operation and service
provision, industrial clusters, and investment projects/businesses specified in
the Column 3 Appendix II enclosed with the Decree No. 08/2022/ND-CP, the waste
shall be monitored as follows:
a)
With regard to dedicated areas for production, business operation and service
provision, industrial clusters; investment projects/businesses specified in the
Column 3 Appendix II enclosed with the Decree No. 08/2022/ND-CP, the waste
shall be monitored in accordance with clauses 1, 2 and 3 of this Article,
except for point b of this clause;
b)
With regard to investment projects/businesses specified in the Column 3
Appendix II enclosed with the Decree No. 08/2022/ND-CP, at least 03 single
waste samples shall be monitored in 03 consecutive days of the stable operation
stage (01 input wastewater sample and 03 output wastewater samples) for the
following systems: domestic wastewater treatment system (excluding system for
treating wastewater in combination with industrial wastewater); wastewater
treatment system connected to centralized wastewater treatment system of a
dedicated area for production, business operation and service provision or
industrial cluster for continuation in treatment; wastewater and exhaust gas
treatment system with additional stages for improvement of efficiency in
treatment.”.
c)
Clause 5 shall be amended as follows:
“5.
With regard to investment projects/businesses other than those specified in
clause 4 of this Article, the waste monitoring shall be decided by the owner of
the investment project/business and at least 03 single samples shall be
monitored in 03 consecutive days of the stable operation stage of each waste
treatment work (01 input wastewater sample and 03 output wastewater samples; 03
output exhaust gas/dust samples).”.
d)
Clause 6 shall be amended as follows:
“6. In
case of re-operation of the wastewater/exhaust gas treatment work specified at
point d clause 8 Article 31 or point c clause 7 Article 97 or point c clause 8
Article 98 of the Decree No. 08/2022/ND-CP, the wastewater/exhaust gas shall be
monitored as follows:
a)
With regard to the business specified in the Column 3 Appendix II enclosed with
the Decree No. 08/2022/ND-CP, the waste shall be monitored in accordance with
point c clause 1 or point c clause 2 of this Article;
b)
With regard to the business that is not regulated by the Column 3 Appendix II
enclosed with the Decree No. 08/2022/ND-CP, at least 03 single samples shall be
monitored in 03 consecutive days of the stable operation stage of the waste
treatment work (01 input wastewater sample and 03 output wastewater samples; 03
output exhaust gas/dust samples).”.
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“7.
With regard to the investment project/business that has an exhaust gas
treatment system with a design capacity of less than 3.000 m3/hour
(capacity of each separate system) or a wastewater treatment system with a
design capacity of less than 10.000 m3/day (capacity of each
separate system), at least 01 single waste sample (01 output waste sample)
shall be monitored.”.
9.
Article 22 shall be amended as follows:
“Article
22. Environmental registration form
Environmental
registration form shall be prepared by the owner of the project/business
according to Form No. 47 Appendix II enclosed with this Circular.”.
10.
Article 23 shall be amended as follows:
“Article
23. Environmental registration receipt
1.
The commune-level People's Committee shall receive environmental registration
application that is sent by the owner of the investment project/business in
person, by post or online.
2.
The commune-level People's Committee shall update data on environmental
registration on the national environmental information and database system.”.
11.
Article 25a shall be added after Article 25 as follows:
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1.
Environmental self-auditing by businesses shall comply with clause 2 Article 74
of the Law on Environmental Protection.
2.
Each business shall carry out environmental auditing by itself according to the
following steps:
a)
Making a plan and determining procedures and resources for environmental
auditing;
b)
Compiling a list of items that require environmental auditing;
c)
Connecting and inspecting available legal documents and comparing them with the
management system;
d)
Reviewing items completed, assessing the performance of tasks, showing items
that have not yet been completed and proposing solutions for management and
settlement;
dd)
Approving environmental auditing report.
3.
The business is encouraged to carry out environmental auditing by itself as
follows:
a)
Collect and consolidate information and data on use of raw materials, fuels,
materials, scrap (scrap type, HS code, and weight of scrap expected to be
imported), electric power, chemicals used, and electricity and water supply of
the business;
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c)
Assess compliance with regulations on pollution control and waste management
(results of completion of environmental protection works, environmental
incident response plans); volume of each kind of wastes produced; accompanying
waste treatment measures; issues that have not met pollution control and waste
management requirements;
d)
Propose action plans: action plans to minimize losses and wastefulness of input
materials and fuels and reduce waste discharged; action plan to strictly comply
with regulations on pollution control and waste management.”.
12.
Article 26a shall be added after Article 26 as follows:
“Article
26a. Classification of other domestic solid waste
On
the basis of technical infrastructure and socio-economic conditions for
domestic solid waste treatment and development orientation of each local area, the
provincial People's Committee may choose other domestic solid wastes as
prescribed in point c, clause 1, Article 75 of the Law on Environmental
Protection for classification as follows:
1.
Bulk wastes;
2.
Hazardous wastes;
3. Other
remaining wastes.”.
13.
Clause 3 Article 29 shall be amended as follows:
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14.
Point b and point dd clause 2 Article 30 shall be amended as follows:
a)
Point b clause 2 shall be amended as follows:
“b)
Packaging containing different types of domestic solid waste shall have
different colors. To be specific: green packaging shall be used to contain food
waste and grey packaging shall be used to contain other remaining domestic
solid waste specified in clause 3 Article 26a of this Circular or domestic
solid waste not classified as per law). If necessary, the provincial People's
Committee may prescribe other colors to ensure uniformity and synchronization
in the province;
b) Point dd clause 2 shall be amended as follows:
“dd)
If a local authority prescribes that domestic solid waste must be classified
into many different categories according to regulations in Article 26a of this
Circular and point c, clause 1, Article 75 of the Law on Environmental
Protection, the materials of packaging containing domestic solid waste shall be
transparent materials in order to see the kind of waste inside (such
regulations do not apply to bulk wastes and other remaining domestic solid
wastes).”.
15.
Article 31 shall be amended as follows:
"Article
31. Method of valuation of domestic solid waste treatment services applied to
investors and domestic solid waste treatment service providers
The
method of valuation of domestic solid waste treatment services shall comply
with regulations the Circular No. 45/2024/TT-BTC dated July 01, 2024 of the
Minister of Finance.".
16.
Article 39a shall be added after Article 39 as follows:
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1.
The owner of the hazardous waste treatment service provider shall prepare an
environmental management plan, containing contents specified in point g clause
3 Article 84 of the Law on Environmental Protection and the following contents:
a)
Pollution control and waste management: list of waste treatment systems and
equipment; list and volume of waste allowed to be collected and treated; waste
produced from operations; identification and classification of produced waste
for implementation of appropriate management measures; water consumption and
discharge balance diagram; products recycled and recovered from
treatment;
b)
Occupational safety and hygiene: measures for protection of health and safety
for employees according to the labor law; annual health check-up plans
according to the labor law;
c)
Prevention of and response to environmental incidents: works, equipment, and
tools for prevention and response to waste incidents; summary waste incident
response procedure diagrams; development, promulgation, and public announcement
of waste incident response plans;
d)
Annual training and refresher training: training schedule and contents;
trainees;
dd)
Environmental monitoring program: time, parameters, waste
monitoring/supervision frequency according to regulations; management and
control of quality of automatic and continuous wastewater/exhaust gas monitoring
system as per law;
e)
Hazardous waste treatment efficiency assessment: plan and contents of
assessment of the suitability and efficiency in hazardous waste treatment of
waste treatment system/work/equipment;
g)
Environmental improvement and remediation plan after completion of operations:
measures for prevention and minimization of environmental impacts during
demolition; scope and plan for environmental improvement and remediation.
2.
The environmental management plan prepared by the hazardous waste treatment
service provider shall be approved by the owner and enclosed with the
application for issuance/re-issuance of the environmental license as per law
(the plan is only prepared once at the same time when the application for
issuance/re-issuance of the environmental license is submitted). The
owner shall assume responsibility for contents of the environmental management
plan and update the plan when there is any change.
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4.
The owner of the hazardous waste treatment service provider shall make
self-decision on the frequency, period and methods for training (self-training
or refresher training at the provider or decide to appoint personnel to
participate in training courses offered by other units) as prescribed in point
d, clause 1 of this Article.
5. The
owner is encouraged to make periodic assessments of efficiency in treatment of
hazardous wastes specified in point e clause 1 of this Article in order to
monitor and supervise suitability and effectiveness of waste treatment
system/work/equipment.
6. The
environmental improvement and remediation plan prescribed in point g, clause 1
of this Article may be selected upon closure of the entire provider or upon
completion of each stage of certain hazardous waste treatment zones and waste
transfer stations.
7.
The environmental management plan prepared by the hazardous waste treatment
service provider shall be made according to Form No.06a Appendix III enclosed
with this Circular.”.
17.
Clause 6 shall be added after clause 5 Article 42 as follows:
“6.
Medical facilities shall present medical waste disposal logbooks specified in
the Circular No. 20/2021/TT-BYT dated November 26, 2021 of the Minister of
Health or hazardous waste manifests upon transfer of hazardous waste for
treatment.”.
18.
Point a clause 2 Article 64 shall be amended as follows:
a)
The Ministry of Natural Resources and Environment shall provide a set of
indices and guiding documents on the assessment of the result of environmental
protection by the provincial People's Committee according to environmental
protection requirements and state management tasks in environmental protection
in each period.
The
people's satisfaction with the quality of the living environment is one of the
indices used to assess environmental protection by the provincial People's
Committee;".
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a)
Clause 2 shall be amended as follows:
"2.
Time for submission of environmental protection reports: the owner of
investment project/business shall submit annual environmental protection
reports to the authorities specified in clause 5 of this Article (the reporting
period lasts from January 1 to the end of December 31) before January 15 of the
following year. The investor in construction and commercial operation of
infrastructure of a dedicated area for production, business operation and
service provision or an industrial cluster shall submit annual environmental
protection reports to the authorities specified in clause 5 of this Article
(the reporting period lasts from January 1 to the end of December 31) before
January 20 of the following year.
b)
Point a clause 3 shall be amended as follows:
“3.
Forms of an environmental protection report: An environmental protection report
shall be presented in one of the following forms:
a)
Physical report with signature of the authorized person and stamp of the unit.
Datasheets attached to the report shall be fan-stamped. Physical
reports shall be sent by the methods specified in points b, c and d clause 4 of
this Article;”.
20.
Article 78 shall be amended as follows:
“Article
78. Responsibility of producer/importer for recycling of packaging/products
1. A
reasonable and valid norm of recycling cost for a unit of weight of the product
or packaging(Fs) is provided for in Appendix IX enclosed with this Circular.
2.
Forms related to responsibility for recycling of packaging/products:
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b)
Report on result of recycling products/packaging (prepared by the
producer/importer) according to Form No. 02; report on result of organizing
recycling of products/packaging as authorized (prepared by the authorized
party) according to Form No. 02a; report on result of self-recycling of
products/packaging or result of recycling products/packaging under a contract
(prepared by the producer/importer that recycles products/packaging by
itself and the recycler) according to Form No. 02b Appendix IX enclosed with
this Circular;
Units
recycling products/packaging and units hired to recycle products/packaging
under contracts shall update progress in recycling products/packaging on a
monthly basis on the national EPR information system according to Form No. 02c
Appendix IX enclosed with this Circular. The progress shall be updated
before 20th of the next month;
c)
Written declaration of contributions to recycling of products/packaging
according to Form No. 03, Appendix IX issued together with this Circular;
d) Written
declaration of list of produced/imported products/goods put into market
according to section I Form No. 05, Appendix IX issued together with this
Circular;
dd)
Written declaration of specifications of recycling products/packaging to be
recycled according to Form No. 06, Appendix IX issued together with this
Circular. This written declaration shall be submitted together with Form
No. 01 and Form No.03 Appendix IX enclosed with this Circular.
3.
Information about receipt of registration of plan to recycle products/packaging
or report on result of recycling products/packaging; written declaration of
contributions to recycling of products/packaging and accounts for receipt of
such contributions;
a)
The registration of the plan to recycle products/packaging or report on result
of recycling products/packaging; written declaration of contributions to
recycling of products/packaging shall be sent to the Ministry of Natural
Resources and Environment in the online form via the national EPR information
system ;
b)
The Vietnam Environment Protection Fund shall provide information about the
account for receipt of contributions to recycling of products/packaging
and payment description as per law;
c)
Contributions to recycling of products/packaging that have not yet been
disbursed shall be deposited at commercial banks where they are protected and
promptly disbursed to cover the costs of recycling products/packaging. The
Vietnam Environment Protection Fund shall make self-decision on and take
responsibility for selection of commercial banks to deposit contributions.”.
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“Article
79. Responsibility of producer/importer for collection/treatment of waste
1. Forms
related to responsibility for collection/treatment of waste:
a)
Written declaration of contribution to treatment of waste according to Form No.
04, Appendix IX issued together with this Circular.
b)
Written declaration of list of produced/imported products/goods put into market
according to section II Form No. 05, Appendix IX issued together with this
Circular;
2.
Information about receipt of written declaration of contribution to treatment
of waste and accounts for receipt of such contributions:
a)
The written declaration of contribution to treatment of waste shall be sent to
the Ministry of Natural Resources and Environment in the online form via the
national EPR information system ;
b)
The Vietnam Environment Protection Fund shall provide information about the
account for receipt of contribution to treatment of waste and payment
description as per law;
c)
The contribution to treatment of waste that has not yet been disbursed shall be
deposited at commercial banks where it is protected and promptly disbursed to
cover the cost of treatment of waste. The Vietnam Environment Protection
Fund shall make self-decision on and take responsibility for selection of
commercial banks to deposit the contribution as per law.”.
Article 2. Amendments to some forms in Appendices of the
Circular No. 02/2022/TT-BTNMT
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2.
Forms No. 04, 02, 03, 04, 04a, 06, 09, 09a, 10, 22, 24, 28, 30, 31, 32, 33, 37,
39, 40, 41, 42, 44a and . 47 Appendix II of the Circular No. 02/2022/TT-BTNMT
shall be amended by section 2 of the Appendix enclosed with this Circular.
3. At
waste code “12 08 - Waste generated from mechanical processing of waste at the
place of generation or transit” Section C Form No. 01 Appendix III: Code “12 09
09” shall be changed to code “12 08 09”; code “12 09 10” shall be changed to
code “12 08 10”; code “12 09 11” shall be changed to code “12 08 11”; code “12
09 12” shall be changed to code “12 08 12”.
4.
Forms No. 04, 06a, 10, 11, 12, 13, 14 and 15 Appendix III of the Circular No.
02/2022/TT-BTNMT shall be amended by section 3 of the Appendix enclosed with
this Circular.
5.
Form No. 07 Appendix IV of the Circular No. 02/2022/TT-BTNMT shall be amended
by section 4 of the Appendix enclosed with this Circular.
6.
Forms No. 01, 03, 05A and 05B Appendix VI of the Circular No. 02/2022/TT-BTNMT
shall be amended by section 5 of the Appendix enclosed with this Circular.
7.
Form No. 02 Appendix VII of the Circular No. 02/2022/TT-BTNMT shall be amended
by section 6 of the Appendix enclosed with this Circular.
8.
The Appendix IX of the Circular No. 02/2022/TT-BTNMT shall be replaced by the
Appendix IX in section 7 of the Appendix enclosed with this Circular.
9.
The Appendix IXa shall be added to section 8 of the Appendix enclosed with this
Circular.
10.
Forms No. 01, 02 and 03 Appendix X of the Circular No. 02/2022/TT-BTNMT shall
be amended by section 9 of the Appendix enclosed with this Circular.
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1.
Point c clause 2 Article 64 shall be annulled.
2.
Forms No. 23, 25 and 34 in the Appendix II enclosed with the Circular No.
02/2022/TT-BTNMT shall be annulled.
Article 4. Transition clauses
Complete
and valid applications received by competent state agencies to be processed
before the effective date of this Circular shall be processed in accordance
with regulations of law at the time of receipt, unless the organization or
individual wishes to apply this Circular.
Article 5. Effect
1.
This Circular takes effect from the date on which it is signed.
2.
From the effective date of this Circular, the following documents shall cease
to be effective:
a)
Circular No. 04/2023/TT-BTNMT dated July 06, 2023 of the Minister of Natural
Resources and Environment
b)
Decision No. 3323/QD-BTNMT dated December 01, 2022 of the Minister of Natural
Resources and Environment.
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PP. MINISTER
DEPUTY MINISTER
Le Cong Thanh