THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.59/2007/ND-CP
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Hanoi,
April 09, 2007
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DECREE
ON SOLID WASTE MANAGEMENT
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Environmental Protection;
Pursuant to the November 26, 2003 Law on Construction;
At the proposal of the Minister of Construction.
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of application
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Article 2.-
Subjects of applications
This Decree applies to domestic
organizations, households and individuals and foreign oragnizations and
individuals (hereinafter referred to as organizations and individuals for
short) engaged in solid waste-related activities in the Vietnamese territory.
If a treaty to which the Socialist
Republic of Vietnam is a contracting party contains provisions differrent from
those of this Decree, that treaty will prevail.
Articles 3.-
Interpretation of terms
In this Decree, the terms below
are construed as follows:
1. Solid waste management means
activities of planning, managing, investing in building solid waste management
facilities, separating, collecting, storing, transporting, reusing, recycling
and disposing of solid waste in order to prevent and minimize adverse impacts
on the environment and human health.
2. Solid waste means waste in a
solid form, discharged from production, business, service, daily life or other
activities. Solid waste includes ordinary solid waste and hazardous solid
waste.
Solid waste generated in
daily-life activities of individuals, households or at public places is
collectively referred to as daily-life solid waste. Solid waste generated in
industrial production, craft villages, business and service activities or order
acivities is collectively referred to as industrial solid waste.
3. Hazardous solid waste means
solid waste containing substances or compounds that exhibit any of the
characteristics of radioactivity, ignitability, explosiveness, corrosiveness,
infectiousness, toxicity or other hazardous characteristics.
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5. Collection of solid waste
means activities of gathering, separation, packing and temporarily storing
solid waste from different collection depots to a place or facility recorgnized
by a competent state agency.
6. Storage of solid waste means
the keeping of solid waste for a given period of time at a place recognized by
a competent agency before solid waste is transported to a processing facility.
7. Transportation of solid waste
means the process of carrying solid waste from a place of generation,
collection, storage or transfer to a place of processing, recycle or reuse or
to a final landfill.
8. Place or facility recorgnized
by a competent agency means a place of storage, disposal or burial of solid
waste approved by a competent state management agency.
9. Processing of solid waste
means the process of applying technological and technical solutions to reduce,
remove or destroy harmful or useless constituents of solid waste; and to
recover, recycle or reuse constituents of solid waste.
10. Sanitary landfill of solid
waste means burying solid waste in accordance with requirements of technical
standards on sanitary landfills for solid waste.
11. Waste generator means an
organization, individual or household angaged in activities that generate solid
waste.
12. Solid waste colector or
transporter means an organization or individual licensed to conduct the
collection or transportation of solid waste.
13. Solid waste disposal
facility owner means an organization or individual licensed to dispose of solid
waste. A solid waste disposal facility owner may be the investor of a solid
waste disposal facility or a professionally qualified organization or
individual and hired by the investor to operate the solid waste disposal
facility.
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15. Solid waste disposal
facility means material foundation including land, workshops, technological
chain, equipment and auxiliary structures used in activities of disposing of
solid waste.
16. Solid waste management
facility investor means an organization or individual licensed to invest in
activities of collecting, separating, transporting, processing or disposing of
solid waste.
17. Solid waste disposal complex
means a combination of one or more works for disposal, recycle or reuse of
solid waste and one or more solid waste landfills.
18. Expenses for solid waste
disposal means expenses for ground clearance, construction investment,
procurement of vehicles and eqiupment, labor traning, management and operation
of a solid waste disposal facility, which are calculated according to the
duration of capital retrieval and perdisposal solid waste quantity unit.
19. Expenses for collection and
transportation of solid waste means expenses for vehicles and equipment, labour
traning, management and operation of the facility for the collection and
transportation of solid waste, which are calculated according to the duration
of capital retrieval and per collected or transported solid waste quantity
unit.
Article 4.-
Principles for solid waste management
1. Organizations and individuals
that discharge solid waste or are engaged in activities that generate solid
waste shall pay charges for the collection, transportation and disposal of
solid waste.
2. Waste shall be separated at
source of generation, recycled, reused, processed and have its usefull
constituents recovered for use as input materials and energy generation.
3. To prioritize the application
of technologies of processing hard-to-decompose solid waste which may help
reduce the colume of waste to be buried, so as to save land used for this
purpose.
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Article 5.-
Contents of state management of solid waste
1. Promulgating policies and
legal documents on solid waste management, disseminating, popularizing and
educating about the law on solid waste management and guiding the
implementation of these documents.
2. Promulgating technical
specifications and standards applicable to solid waste management.
3. Managing the elaboration,
approval and announcement of plans on solid waste management.
4. Managing the investment in
solid waste collection and transportation and building of solid waste disposal
facilities.
5. Inspecting, overseeing and
handling law violations in the course of solid waste management.
Article 6.-
Prohibited acts
1. Placing solid waste not at
prescribed places.
2. Emitting dust, dropping solid
waste in the course of collection and transportation.
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4. Illegally importing or
transiting solid waste in the Vietnamese territory.
5. Obsrtucting the collection,
transportation and disposal of solid waste under projects approved by competent
agencies.
6. Othes prohibited acts under
law.
Chapter II
PLANNING ON SOLID WASTE
MANAGEMENT, INVESTMENT IN SOLID WASTE MANAGEMENT
Section 1.
PLANNING ON SOLID WASTE MANAGEMENT
Article 7.-
Contents of planning on solid waste management
1. Planning on solid waste
management covers investigation, survey, forecasting of generation sources and
total volume of solid waste to be generated, determining locations and sizes of
solid waste collection depots, transfer stations, transportation routes and
disposal facilities; determination of solid waste collection and disposal
methods, elaboration of plans and development or human resources for thorough
disposal of solid waste.
2. Contents of planning on solid
waste management:
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b. Assesing the capacity to
separate solid waste at source and the capacity to recycle and reuse solid
waste;
c. Determining locations and
sizes of solid waste collection depots and transfer stations, disposal
facilities and landfills;
d. Determining criteria for
selection of solid waste disposal technologies;
f. Elaborating plans on and
developing human resources for making adequate statistics and thoroughly
disposing of all types of solid waste.
Article 8.-
Requirements for planning on building of solid waste transfer stations,
disposal facilities and appurtenances
1. The planning on building of
solid waste transfer stations and disposal facilities must be in line with the
regional construction planning ang the solid waste management planning approved
by competent authorities.
2. Solid waste transfer stations
shall be located in easily accessible areas, and must neither obstruct public
traffic nor adversely affect the environment and urban landscape.
3. The planning on building of
solid waste disposal facilities and appurtenances must comply with legal
provisions on construction planning and concurrently satisfy the following
requirements:
a. Regarding positions and
geological, topgraphical and hydrological conditions:
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- Being safely segragated from
nearest residential areas, urban centers, entertainment and recreation areas,
tourist sites, historical and cultural relics , airports, water sources,
rivers, lakes and seashores;
- Having appropriate geological
and hydrological conditions; lying outside deeply submerged areas,
flood-diverging areas of river basins, headwater areas, karst regions and
tectonic crackings.
b. The sizes of solid waste
disposal facilities and appurtenances are detemined on the basis of:
- Population size, present waste
amount and operation duration, taking into consideration the population growth
and corresponding increase in solid waste amount;
- Projected economic growth rate
and urban development orientation throughout the course of operation of solid
waste disposal facilities and appurtenances;
- Expected solid waste disposal
technologies.
c. Regarding plans on reuse of
grounds after the closure of landfills:
Upon planning the building of
solid waste disposal facilities, the possilibity of reusing grounds after the
closure of landfills shall be taken into consideration.
Article 9.-
Solid waste disposal facilities and appurtenances
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a. Concentrated facilies: One or
more solid waste disposal facilities and qppurtenances shall be located in a
planned area. Solid waste disposal facilities may be:
- Ordinary garbage incinerators;
- Garbage incinerators with
energy recovery;
- Organic fertilizer plants;
- Plants producing input
materials and products from waste;
- Sanitary landfills for
ordinary solid waste;
- Landfills for hazardous solid
waste;
- Solid waste disposal complexes
b. Scattered facilities: Solid
waste disposal work items and appurtenances may be located at different places
as appropriate;
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2. The Ministry of Construction
shall guide the planning on building of solid waste disposal works, reuse of
grounds of solid waste disposal facilities and appurtenances after those
facilities and works terminate their operation.
Article
10.- Responsibility to organize the elaboration, approval and management of
solid waste management plannings.
1. Regional, inter-provincial
and inter-municipal solid waste management plannings and those of Key economic
regions shall be approved by the Prime Minister or the Minister of construction
under the Prime Minister’s authorization.
The Ministry of Construction
shall assume the prime responsinbility for, and coordinate with
provincial/municipal People’s Committees (hereinafter referred to as
provincial-level People’s Committees) and concerned branches in, organizing the
elaboration of regional, inter-provincial or inter-municipal solid waste
management plannings or those of key economic regions.
2. Local solid waste management
plannings shall be elaborated and approved by presidents of provincial-level
People’s Committees.
3. The Ministry of Defense shall
assume the prime responsibility for, and coordinate with concerned ministries,
branches and localities in, elaborating and approving plannings on building
and management of sites for disposal and destruction of explosive materials and
hazardous waste discharges from military and defense activities.
4. Solid waste mansgement
plannings of all levels shall be publicy announced according to legal
provisions on construction planning.
Article
11.- Funds for solid waste management planning work
1. Funds for the elaboration of
the solid waste management planning come from:
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b. Other lawful sources.
2. Management of state budget
funds for solid waste management planning work:
a. Funds for solid waste
management planning wors at regional, inter-provincial or inter-municaipal
level or in key economic regions shall be estimated and incorporated by the
Ministry of Construction in annual state budget capital plans;
b. Provincipal-level People
Committees shall aleborate plans on funds for solid waste management planning
work within administrative units under their management;
c. The ministry of Planning and
Investment and the Ministry of Finance shall allocate annual state budget funds
for solid waste management planning work according to the provisions of the Law
on the State Budget.
Section 2.
INVESTMENT IN SOLID WASTE MANAGEMENT
Article
12.- Investment principles
1. The State encourages all
forms of investment in the domain of solid waste, including: business
cooperation contract (BBC), build-operate-transfer (BOT), build-transfer-operate
contract (BTO), build-transfer contract (BT), acquisition of enterprises,
purchase of bonds, investment in securities and other investment forms under
the Investment Law.
2. Investment in solid waste
management shall be made in a coordinated manner to help thoroughly treat solid
waste and ensure socio-econimic efficiency and environmental protection
requirements.
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Article
13.- Investment insolid waste management
1. Contents of investment in the
building of solid waste disposal facilities:
a. Investing in building all or
some work items of solid waste disposal facilities;
b. Procuring technologies,
equipment and supplies to serve the solid waste disposal;
c. Investing in research,
development and improvement of solid waste disposal technologies.
2. Contents of investment in the
collection and transportation of solid waste:
a. Investing in the procurement
of equiment, special-use vehicles and other devices to serve the collection and
transportation of solid waste;
b. Investing in the building of solid
waste transfer stations.
1. The State encourages the
socialization of investment in the solid waste collection and transportation
and the building of sollid waste management facilities on the principles
specified in Article 12 and by the following methods:
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b. Organizations and individuals
may invest in the establishment of cooperatives, business households or other
entities defined by law to collect, transport, process and dispose of solid
wastein rural residential areas and craft villages where no solid waste
collection and transportation services are provided.
Article
14.- Investment capital sources and investment incentives
1. Capital for investment in
building solid waste disposal facilities and appurtenances comes from the
central budget, local budgets, foreign aid, long-term loans and other lawfull
capital sources.
2. The State encourages all
organizations and individuals at home and abroad to participate in investing in
and building solid waste disposal facilities and appurtenances through the
following investment incentive and support policies:
a. Exemption of land use levy,
payment of expenses for ground clearance compensation;
b. Investment supports from the
bugdet sources and preferential credits; post-investment interest rate
subsidies for borrowers of commercial loans;
c. Securiry for preferential
credit loans mortgaged with assets formed from borrowed capital;
d. Import tax exemption for
equipment, raw materials and materials of investment projects on solid waste
disposal facilities, and business income tax exemption or reduction according
to current regulations;
e. Prioritized selection of
home-made complete technologies which are capable of thoroughly treating solid
waste and bringing about high techno-economic efficiency;
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g. Assistances for research and
development of technologies for re-processing, reuse and disposal of solid
waste from domestic resources. Funding sources for assistance for technological
research and development come from the state budget through scientific and
technological programs and projects;
h. Assistance for labor training
from budget capital sources through training assistance programs.
3. The Ministry of Finance
shall guide the mechanism of financial preferences and aid for the
socialization of investment in solid waste management.
4. The Ministry of Natural
Resources and Environment shall formulate and promulgate preferential land
policies for solid waste management.
Article
15.- Investors of solid waste management facilities
1. Investors of solid waste
management facilities are persons who own capital or are authorized to manage
and use capital to invest in solid waste management facilities.
2. For projects funded with the
state budget, investors of solid waste management facilities are decided by
investment deciders before investment projects are formulated.
3. For projects funded with
credit capital, investors are borrowers.
4. For projects funded with
capital of other sources, investors are capital owners or their representatives
at law.
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Article 16.
Investment projects on building solid waste management facilities
1. Investment in solid waste
management facilities covers the contents specified in Article 13 of this
Decree. The formulation, elaboration and approval of investment projects on
building solid waste management facilities shall be made in accordance with the
law on investment in construction of works..
2. For investment projects on
building solid waste disposal facilities, apart from the contents specified by
the law on construction investment, their contents cover:
a. Technological solutions to
dispose of solid waste; technological solutions to treat leachate and
wastewater discharged from the disposal of solid waste; efficiency of solid
waste disposal technoligis;
b. Measures to ensure safety in
the course of operation; solution to respond to environmental incidents;
c. Environmental observation
plans and programs;
d. Plans on restoration of
environmental landscape after the of landfills or termination of operation of
solid waste disposal facilities;
e. Proposals on investment
incentives for projects;
f. Economic-financial contents:
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- Capital sources and capability
to supply capital according to the progress of projects;
- Expences for disposal of
ordinary and hazardous solid waste (exclusive expenses for collection and
transportation);
- Proceeds from the sale of
recycled or reused products;
- Support funds from the state
budget through collectors or transporters to pay expenses for daily-life solid
waste disposal as committed by local administration;
- Charges payable to disposal
facility owners for ordinary or hazardous solid waste as committed by
collectors or transporters;
- Recoverability of investment
capital.
g. Responsibilities and
inverstment incentives for projects, solid waste sources for the operation of
disposal facilities as committed by local administrations.
3. Apart from the contents
specified by investment law, investment projects on collection or
transportation of solid waste must contain the following contents:
a. Scope of collection,
projected amounts of various types of solid waste;
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c. Plans on investment in
transfer stations;
d. Plans on organization,
management and direction of solid waste collection and transportation;
e. Safety measures, plans on
response to environmental incidents caused by collection or transportation
activities;
f. Proposal of investment
incentives; investment incentives committed by local administrations;
g. Economic-financial contents:
- Total investment capital;
- Capital sources and capability
to supply capital according to the progress of projects;
- Expenses for solid waste
collection and transportation;
- For daily-life solid waste:
Support funds from the state budset to pay charges for collectors and
transporters as committed by local administrations and collected sanitation
charges according to regulations;
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4. The Ministry of Science and
Technology shall assume the prime responsibility for, and coordinate with the
Ministry of Construction in, organizing the assessment of solid waste disposal
technologies reseached and developed for the first time in Vietnam.
Article 17.
Responsibilities and benefits of investors of solid waste disposal facilities
1. Responsibilities:
a. To invest in building solid
waste disposal facilities and appurternances in strict compliance with the law
on construction investment;
b. To pay compensation and
expenses for ground clearance, relocation of graves, or to provide job-change
supports according to law for inhabitants in areas where projects are
implemented;
c. To comply with the contents
and order of construction investment specified by law when wishing to change
construction investment contents or alter technologies.
2. Benefits:
a. To sell and enjoy benefits from
products of solid waste disposal activities under investment projects;
b. To enjoy the State’s
prefrential and support policies according to Clause 2, Article 14 of this
Decree and other relevant legal provisions;
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d. To enjoy other benefits
provided by relevant law.
Article
18.- Transfer of solid waste disposal facilities
1. Investors may transfer their
solid waste disposal facilities and appuurtenances to new investors according
to law.
2. New investtors shall comply
with the provisions of Article 17 of this Decree and revelant legal provisions.
3. New investors are entitled to
preferences provided for in Clause 2, Article 14 of this Decree.
Chapter
III.
SEPARATION OF SOLID WASTE
Article 19.
Source separation of solid waste.
1. Ordinary solid waste shall be
controlled and separated at source and stored in bags or tanks of given colors
as specified by law.
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3. Organizations and individuals
engaged in activities that generate solid waste shall separate solid waste at
source according to Article 20 of this Decree.
Article 20.
Separation of ordinary solid waste
1. Ordinary solid waste from all
diffirent generation sources are separates into two principal groups:
a. Group of wastes which are
recoverable for reuse or recycle; scraps discarded from production; household
and industrial electric and electronic appliances, discarded means of transport
and products used for production and consumption; used paper, metal, glass or
plastic containers and packing, etc…;
b. Group of wastes which shall
be processed or buried: organic waste ( trees, tree leaves, vegetables, foods,
carcass, etc…); consumer goods containing toxic chemicals ( batteries, accumulators,
lubricating oil and grease, etc.); and other non-reusable solid waste.
2. Construction solid waste,
such as sludge, soil, stone and other construction, and demolition debris,
ect.., which shall be separated:
a. Soil and sludge from the
excavation and dredging of surface soil layer, which can be used to fertilize
cegetation soil;
b. Soil, stone, soil waste from
construction materials (bricks, roofing tiles, mortar, concrete and discarded
adhesive materials ) which are recyclable or reusable as filling materials for
construction works;
c. Solid wastes like broken
glass, discarded iron and steel, dead wood, paper and plastic bags which are
recyclable or reusable.
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1. Minstries and branches shall
guide the separation and preservation of hazardous solid waste from production,
service, reseach and experimental acticities of sectors under their management
to serve the solid waste collection and separation.
2. The Ministry of Natural
Resources and Environment shall promulgate the list of hazardous waste.
Article 22.
Responsibilities and obligations of ordinary solid waste generators
1. Reaponsibilities and
obligations of individuals and households:
a. All individuals shall place
solid waste at prescibed point at public places according to regulations;
b. Households shall separate and
put solid waste in sanitary containers or in bag of given colors, or dump them
at prescribed sites;
c. Households, when conducting
renovation or demolition of construction works, shall register with urban
environment companies or directly contract with licensed construction solid
waste transportation units to dump their waste at prescribed sites;
d. Households in urban centers
and craft villages that organize production at their residences shall separate
their waste and enter into contracts with solid waste collectors, transportors
and disposal facility owners;
e. Households in rural,
deep-lying and remote areas where collection systems are unavailable shall
dispose of their solid waste under the local administration’s guidance and may
not dump them onto roads, into rivers, streams, canals and ground water
sources. Packing of used toxic chemicals or dicarded chemical products for
agricultural or forestry production shall be stored in separate bags,
separately collected, transported and disposal of;
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2. Responsibilities and
obligations of agencies, trade or service establishments, industrial production
establishments and craft villages:
a. To collect and separate
ordinary solid waste at source with sanitary tools under the guidance of
collectors and transporters;
b. To enter into contracts for
solid waste collection, transportation and disposal services; to pay full
service charges as contracted.
Article 23.
Responsibilities of hazardous solid waste generators
1. Responsibilities of hazardous
solid waste generators:
a. To make registration with
local state agencies in charge of environmental protection;
b. To separate, pack, preserve
and store hazardous solid waste at their establishments according to
regulations on hazardous solid waste management before it is transported to
disposal facilities according to regulations. Hazardous solid waste shall be
labeled with necessary information according to regulations.
2. The Ministry of
Natural Resources and Environment shall guide the registration of hazardous
solid waste generators.
Chapter IV
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Article 24.
Collection, storage and transportation of ordinary solid waste
1. The collection, storage and
transportation of ordinary solid waste shall be conducted by service companies,
service cooperatives or households (hereinafter referred to as solid waste
collectors and transporters) under service provision contracts.
2. Ordinary solid waste in urban
centers shall be collected along specified routes and by methods in conformity
with approved solid waste management plannings.
3. Solid waste containers shall
be installed along main roads, in commercial areas, parks, square densly
populated areas, traffic hubs and other public places.
4. The capacity of waste tanks
installed inside construction works must be suitable to the waste-storing
duration. Waste containers installed at public places must be up to technical
standards and ensure public beauty.
5. The solid waste storing
duration shall not exceed two days.
6. Vehicles used for solid waste
transportation must be special-use ones that satisfy technical and safety
standards, have been tested and licensed by functional agencies for operation.
7. In the course of solid waste
transportation, it is prohibited to leak or drop waste, emit dust or smell
Article 25.
Collection, storage and transportation of hazardous solid waste
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2. Hazardous solid waste
generators may organize by themselves the collection, storage and
transportation of their waste to disposal facilities if they are able to do so
and licensed by a compete at state agency. Hazardous solid waste generators
that are incapable of collecting, storing and transporting their waste shall
enter into contracts with licensed organizations to do so.
3. Ministries and branches shall
guide the onsite collection and storage of hazardous solid waste in production
establishments, craft villages, medical establishments and research and
experiment institutions under their management.
4. The Ministry of Natural
Resources anh Environment shall specify the condition of capability and guide
the grant of licenses for practicing hazardous waste management.
Article 26.
Responsibilities of ordinary solid waste collectors and transporters
1. To ensure sufficient
personnel and vehicles for the collection and transporation of the whole solid
amount at prescribed places
2. To install solid waste tanks
at prescribed places; to supply waste bags to households and guide households,
organizations and individuals that generate solid waste in conducting the
source separation of waste.
3. To publicly announce the
solid waste collection schedule, places and routes in residential areas.
4. To collect solid waste and
transport it to prescribed places.
5. To bear responsibility for
the dropping of solid waste and dispersion of smell, thus causing adverse
environmental impacts in the course of collection and transportation.
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7. To organize periodical health
checks for their employees.
8. Other responsibilities
specified by public-utility service contracts.
Article 27.
Responsibilites of hazardous solid waste collectors and transporters
1. To ensure sufficient
collection equipment, vehicles and other safety devices in order to transport
the whole amount of hazardous solid waste to the prescribed places under service
contracts signed with waste generators.
2. To ensure that their solid
waste collection equipment and vehicles meet technical requirements for
operation, and are registered and permitted for road or waterway operation
according to traffic regulations.
3. To repair, maintain and clean
solid waste collection equipment and vehicles.
4. To ensure that personnel
managing or directly engaged in solid waste collection and transportation are
fully qualified and trained in management and operation of equipment and
vehicles in order to ensure safety and environmental sanitation in the course
of operation.
5. To equip labor protection
devices and provide periodical health checks for laborers directly engaged in
solid waste collection and transportation.
6. To bear responsibility for
the dropping, leaking and dispersion of hazardous waste into the environment.
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1. Provincial-level and
district-level People’s Committees shall organize solid waste management in
their localities; publicly announce plannings on solid waste management;
organize inspection, examination and handling of law violations in the domain
of solid waste collection and transportation.
2. Commune-level People’s
Committees, mass organizations and local people shall supervise the solid waste
collection and transportation in their localities. Any detected law violations
in solid waste management shall be reported to local competent agencies for
handling according to law.
3. Contents of supervision of
solid waste collectors and transporters:
a. The notified collection and
transportation process: supply of waste bags; collection schedule, places and
routes; places of transportation destination;
b. Requirements on assurance of
environment sanitation in the course of solid waste collection and
transportation;
c. Requirements on labor
protection devices for labourers;
d. Collection of sanitation
charges according to regulations.
Chapter V
DISPOSAL OF SOLID WASTE
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1. Technology of incinerating
garbage to generate energy.
2. Technology of processing
organic fertilizers.
3. Technology of processing
biogases.
4. Technology of treating leachate.
5. Technology of reprocessing
waste into building materials and products.
6. Technology of reusing useful
constituents of waste.
7. Technology for for sanitary
landfill of solid waste.
8. Technology for landfill of
hazardous solid waste.
9. Other technologies.
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1. The selection of solid waste
disposal technologies shall be based on characteristics and composition of
waste and specific conditions of localities.
2. It is encouraged to select complete
and advanced technologies for recycle and reuse of waste to create raw
materials and generate energy.
3. It is encouraged to apply
advanced technologies so as to thoroughly dispose of waste, minimize solid
waste volume to be buried, thus saving land used for disposal and ensuring
environmental sanitation.
Article 31.
Responsibilities of investors in the course of operation
1. Responsibilities:
a. To organize and operate solid
waste management facilities according to the contents of their approved projects;
b. To pay taxs and fulfill
financial obligations to the State according to law;
c. To take urgent measures to
ensure safety for humans and property upon detecting environmental incidents;
to organize salvation of humans and property, and promptly notify local
administrations or specialized environmental protection bodies in localities
where environmental pollutions or incidents occur for coordinated handling;
d. To send official letters to
state management agencies in charge of environmental protection notifying the
date their landfills are closed or their solid waste disposal facilities
terminate operation, in case of closure of those landfills or termination of
operation of those facilities;
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f. To complete procedures for
handing over land to the State within two years after the closure of landfills
or within one year after the termination of operation of solid waste disposal
facilities;
g. To observe the environment
and monitor environmental changes for at least five years after the closure of
landfills or termination of operation of solid waste disposal facilities. To
notify environmental observation results to local state management agencies in
charge of environmental protection;
h. When the land lease term
expires, investors of solid waste disposal facilities and appurtenances shall
ask state management agencies for an extension of the land lease term if they
wish to continue their operation.
2. Benefits:
a. To enjoy the State’s support
and preferences provided for in Clause 2, Article 14 of this Decree and other
laws;
b. To be given priority in
exploiting and using landfills after their closure and solid waste disposal
facilities and appurtenances after terminating their operation.
Article 32.
Responsibilities of solid waste diposal facility owners
1. Solid waste disposal facility
owners may operate their facilities only when:
a. The work items of investment
projects on building solid waste disposal facilities are completed, tested,
accepted and put into operation according to the law on construction
investment;
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c. For disposal of hazardous
solid waste disposal facilities owners must possess practice licenses for
disposal of hazardous solid waste granted by a competent state agency.
2. Responsibilities of solid
waste disposal facility owners:
a. To receive and dispose of
only types of solid waste stated in the projects from waste generators or
collectors or transporters approved by competent authorities;
b. To operate solid waste
disposal facilities according to the technological process stated in the
projects and evaluated and approved by competent state agencies;
c. To record in writing and
archive waste files and send biannual reports to state management agencies in
charge of environmental protection;
d. To elaborate plans and
programs and devise measures to prevent and respond to environmental incidents;
e. To organize the
implementation of environmental supervision programs at their facilities. To
send supervision programs and observation results to state management agencies
in charge of environmental protection once every six months;
f. To implement labor safety
plans in the course of operation and protect the health laborers.
Article 33.
Observation of the environmental quality at solid waste disposal facilities.
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2. Environmental observation
shall be conducted for air environment and ecosystem, noise and vibration.
3. Observatories shall be
located at typical sports from which environmental developments affected by
solid waste disposal facilities can be observed. The observation position and
frequency shall be indicated in environmental impact assessment reports
evaluated and approved by a competent state agency.
4. Report on environmental
observation results shall be sent to local state management agencies in charge
of environmental protection.
Article 34.
Restoration and reuse of ground areas after the closure of landfills or
termination of operation of solid waste disposal facilities.
1. The restoration and reuse of
ground areas after the closure of landfills or termination of operation of
solid waste disposal facilities must satisfy the following requirements:
a. Survey and assessment of
relevant environmental elements are conducted before ground areas are reused;
b. Leachate and waste gases are
normally treated pending the reuse of ground areas of landfill;
c. Environmental changes shall
be monitored at observatories after the closure of landfills and termination of
operation of solid waste disposal facilities;
d. Topographical maps of ground
areas shall be made after the closure of landfills and termination of operation
of solid waste disposal facilities;
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f. Dossiers on handover of
ground areas to competent state agencies for continued management and use are
made;
g. Upon reuse of ground areas of
landfills, before holes for gas collection are carefully checked. Only when the
presure at these holes is less tan 5% higher or lower than the atmospheric
presure and the gas concentration, can the ground leveling be conducted.
2. Procedures for closure of
solid waste landfills, termination of disposal operation and conversion of the
land use purpose:
a. Restoring and improving
environmental landscape in solid waste disposal areas and landfills;
b. Within six months after the
closure of landfills, investors of solid waste disposal facilities shall report
to state management agencies in charges of environmental protection on the
actual state of those landfills and appurtenances. Such a report shall be made
by a professionally qualified organization and must contain the follwing:
- The actual operation state,
efficiency and operration capacity of all works in the landfill, including
cutoff system, leachate collection and treatment system, groud and underground
water management system, gas collection system, underground water quality
control system, etc…;
- Results of observation of the
quality of leachate from the ladfill into the environment, underground water
quality and environment;
- Compliance with current regulations
as well as restoration and improvement of landscape in the landfill site. The
report must clearly identify failures to comply with current regulations and
propose handling messures;
- Drawings of the actual state
of the solid waste disposal facility and landfill.
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3. Before handing over ground
areas to competent agencies, investors of solid waste disposal facilities shall
make and send archival dossiers to local archive aencies according to legal
provisions on archive. An archival dossier contains:
a. Documents on geo-technical
measurement and survey;
b. The whole construction
investment project dossier, completion drawings of construction items of the
solid waste disposal facility;
c. Books and records for
monitoring the receipt and disposal of solid waste throughout the course of
operation;
d. Periodical reports on
environmental supervision;
e. Plan on the closure of the
landfill and the termination of operation of the facility;
f. Plan on environmental
protection;
g. Plan on observation and
monitoring of quality of the environment;
h. Report on results of
assessment of the actual state of the environment at the solid wasrte disposal
facility at the time of closure and operation termination;
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4. The Ministry of Construction
shall assume the prime responsilility for, and coordinate with the Ministry of
Natural Resources and Environment in, guiding the restoration and reuse of
ground areas, conversion of the land use purpose and environmental observation
of solid waste disposal facilities after their operation is terminated.
Chapter VI
EXPENSES FOR SOLID WASTE
MANAGEMENT
Article 35.
Management of construction investment expenses and solid waste disposal
expenses.
1. Expenses of investment
projects on building solid waste disposal facilities funded with the state
budget shall be managed according to the law on construction and relevant laws.
2. For daily-life solid waste,
disposal expenses are covered the state budget, apart from sanitation charges
collected from waste generators. Disposal facility owners shall collect charges
from collectors and transporters under service contracts.
3. For industrual solid waste,
disposal expenses are paid directly by waste generators (if waste generators
transport their waste directly to disposal facilities or disposal facility
owners provide package services of collection, transportation and disposal) or
through collectors or transporters.
4. Solid waste disposal expenses
covered by the state budget shall be managed according to current regulations.
The Ministry of Construction shall guide mothods of elabrating and estimates of
charges for public-utility services of solid waste disposal.
5. Provincial-level People’s
Committes shall elaborate and promulgate public-utility service charge rates
for application in their respective localities.
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1. Expenses for daily-life solid
waste collection and transportatioc services covered by the tate budget shall
be managed according to law.
2. For daily-life solid waste,
apart from sanitation charges collected according to regulations, local
administrations shall use local budgets to compensate for expenses paid by
collectors and transporters under service contracts.
3. For industrial solid waste,
waste generators shall:
4. Pay collection,
transportation and disposal expenses to collectors and transporters under
service contracts;
a. Pay collection,
transportation and disposal expenses directly facility owners of the latter
perform package service contracts;
b. Provincial-level People’s
Committees shall promulgate charge rates and approve estimates of charges for
solid waste collection and transportation services to serve as a basis for
bidding for provision of public-utility services funded with the state budget.
Article 37.
Solid waste management service contracts
1. Solid waste management
service contracts may take the following forms:
a. Solid waste collection,
transportation and disposal service contract;
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c. Solid waste disposal service
contract.
2. Value of service contracts:
a. For daily-life waste, the
value of a service contracts is detemined on the basic of charge estimates
approved by a mopetent authority or through service bidding results;
b. For industrial solid waste,
the value of a service contract is agree elaborated by the collector,
transporter or disposal facility owner.
Chapter VII
INSPECTION, EXAMINATION,
AND HANDLING OF VIOLATIONS
Article 38.
Inspection and examination
1. Environment inspectorates at
all levels shall perform the funtions of inspecting, examining and handling
violations in solid waste management. Contents, forms and methods of
environmental inspection are as defined in the Government’s Decree No.
65/2006/ND-CP of June 23, 2006, on organization and operation of the Natural
Resources and Environment Inspectorate.
2. Organizations, individuals
and household shall promptly detect, stop or report to local administrations on
acts of law violation in solid waste management.
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1. Organizations, individuals
and households that commit acts violation of the provisions of this Decree
shaall, depending on the nature and severity of their violations, be
administratively sanctioned according to the Government’s Decree No.
126/2004/ND-CP of May 26, 2004, on sanctioning of administrative violations in
construction and management of urban infractructure works and management of use
of house, and the Government’s Decree No. 81/2006/ND-CP of August 9, 2006 on
sanctioning of adminstrative violations in the domail of the environmental
protection, or pay compensations for damage according to law.
2. Organizations, individuals
and households that intentionally commit acts of violation, thereby causing serious
environmental consequences, may be examined for penal liability according law.
Chapter
VIII.
IMPLEMENTATION PROVISIONS
Article 40.
Organization of implementation.
1. The Minister of Construction,
the Minister of Natural Resources and Environment and concerned ministries and
branches shall guide and organize the implementation of this Decree.
2. Ministrers, heads of
ministerial-level agencies, heads of government-attached agencies, and
presidents of provincial/municipal People’s Committees shall implement this
Decree.
Article 41.
Transitional provisions.
Projects on investment in
building solid waste disposal facilities approved and contracts on
public-untility sevices of solid waste collection, transportation and disposal
performed before the effective date of this Decree shall be allowed to follaw
regulations effective at the time of approval of the projects or the contens of
the signed service contracts.
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This Decree takes effect 15 days
after its publication in “CONG BAO”.
ON
BEHAFL OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung