THE GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: 38/2015/NĐ-CP
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Hanoi, April 24,
2015
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DECREE
ON MANAGEMENT OF WASTE AND DISCARDED MATERIALS
Pursuant to the Law on Government organization
dated December 25, 2001;
Pursuant to the Law on Environment protection
dated June 23, 2014;
At the request of the Minister of Natural
Resources and Environment
The government
promulgates the Decree on management of waste and discarded materials.
Chapter I
GENERAL PROVISIONS
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1. This Decree stipulates for: Waste management
including hazardous wastes, daily-life solid waste, ordinary industrial solid
waste, liquid waste products, wastewater, industrial emissions and other
particular wastes; environmental protection in discarded material imports.
2. This Decree shall not stipulate for management
of radioactive waste, noise, vibration, light, radiation .
3. The collection and transportation of waste from
free trade zones, processing and exporting zones, exporting and processing
enterprises to inland shall be carried out uniformly as for wastes outside free
trade zone, processing and exporting zones, exporting and processing under the
provisions of this Decree; the provisions of Chapter VIII of this Decree shall
not be applied to discarded materials from free trade zone, processing and
exporting zones and exporting and processing enterprises.
Article 2. Regulated entities
This Decree shall be applied to domestic agencies,
organizations, households and individuals, foreign organizations and
individuals (hereinafter referred to as organizations and individuals) with
activities related to waste and imported discarded materials on the Socialist
Republic of Vietnam’s territory, including the mainland and islands,
territorial waters and airspace.
Article 3. Interpretation of
terms
In this Decree, the following terms shall be
construed as follows:
1. Solid waste means waste in solid or paste form
(also called waste sludge) discharged from
production, business, service, daily life or other activities.
2. Ordinary waste means waste that is in the list
of hazardous waste or in the list of hazardous waste of which risk factors are
below hazardous waste level.
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4. Industrial solid waste means waste generated
from production, trading and services.
5. Wastewater means water altered characteristics
and nature discharged from production, business, services, daily-life
activities or other activities.
6. Liquid waste product means product, solution,
materials in a liquid state expired or discharged from the use, production,
business, services, daily-life activities, or other activities. In case the
liquid waste product is discharged along with wastewater, it shall be called
waste water.
7. Receiving water is the place the waste water is
discharged into, including: Sewer, rivers, streams, ditches, canals, lakes,
ponds, marshes, coastal waters, territorial waters and other receiving waters.
8. Industrial emission means waste existing in a
gas or steam state generated from industrial production and services.
9. Waste delimitation is a process of
distinguishing a material that is a waste or not a waste, a hazardous waste or
an ordinary waste and determining such waste belonging to a type or a certain
group of waste in order to classify and manage in reality.
10. Waste classification is waste separation
(delimited) in reality in order to divide into categories or groups of waste to
have different waste management procedures.
11. Waste transportation means transporting waste
from generation place to treatment place, which may include the collection,
temporary retention (or gathering), waste transfer and pre-processing of waste
at collecting points or waste transfer stations.
12. Waste reuse means reuse of waste directly or
after pre-processing which does not alter the nature of the waste.
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14. Waste recycling is a process of using
technological solutions and techniques to recover valuable components from
waste.
15. Recovery of energy from waste is a process of recovery
of energy from waste transformation.
16. Waste treatment is a process of using
technological and technical solutions, (as opposed to pre-processing) to
reduce, eliminate, isolate, burn, destroy, and burry waste and harmful
components in waste.
17. Waste co-treatment is a combination of an
existing manufacturing process for recycling, treatment and recovery of energy
from waste in which the waste is used as raw materials, alternative fuels or is
treated.
18. Waste generating facility is establishment of
production, business and service of which waste is generated.
19. Waste generator is organizations and
individuals owning or operating establishments generating waste.
20. Industrial zone is a common name for industrial
zones, processing and exporting zones, hi-tech zones, industrial complexes.
21. Waste treatment facility is facility of service
of waste disposal (including recycling, co-treatment, recovery of energy from
waste).
22. Daily-life solid waste collectors, transporters
are organizations, individuals doing services of collection and transport
of daily-life solid waste as prescribed.
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24. Hazardous waste treatment license is a license
issued to the hazardous waste treaters to do services of
treatment, recycling, co-treatment, recovery of energy from hazardous wastes
(which may include transportation, transit, storage and pre-processing).
25. Load capacity of the water environment is
ability to receive more pollutants while ensuring the concentration of
pollutants not to exceed the limited values specified in environmental
standards for the use purpose of receiving sources.
26. Wastewater discharge quotas is load limit of
each pollutant or parameter in wastewater issued by State management agencies
for each receiving waters to ensure the discharge of wastewater not to exceed
the load capacity of the water environment.
27. Industrial emission inventory is determination
of flow, nature and characteristics of the emission sources of industrial
emissions under determined space and time.
28. Imported discarded material deposit means
organizations and individuals importing discarded materials pay a sum of money
to a prescribed place to ensure reduction and remedy environmental risks caused
by discarded material import.
29. Imported discarded material shipment is amount
of imported discarded materials that has the same HS code (classification code
of import and export goods) or HS code group registered for one-time inspection
by organizations or individuals to import into Vietnam.
Article 4. General principles
of waste management
1. Organizations and individuals have the
responsibility to enhance the application of measures of resources and energy
save; use of natural resources, renewable energy and products, raw materials,
clean energy that are environmental friendly; cleaner production; environmental
audit for waste and other measures to prevent and minimize waste generation.
2. Organizations and individuals shall be
responsible for classification of waste at its source in order to enhance the
reuse, recycling, co-treatment, treatment and recovery of energy.
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4. Waste water must be collected, processed, reused
or transferred to units with suitable functions to reuse or treat to meet
environmental standards before being discharged into the environment.
5. Emissions must be treated to meet environmental
standards at the generating facilities before being released to the
environment.
6. The State encourages socialization of
collection, transportation, reuse, recycling, treatment of waste and energy
recovery from waste.
7. Organizations and individuals that discharge
waste shall be responsible for payment of charges and prices of services for
the collection, transportation, management of waste as prescribed by law.
8. The application of waste treatment technologies
that are environmentally friendly is encouraged. The use of bio-products in waste treatment must comply
with the law.
Chapter II
HAZARDOUS WASTE
MANAGEMENT
Article 5. Delimitation,
encoding, classification and storage of hazardous waste
1. The delimitation of hazardous waste must be
carried out under codes, categories and levels of hazardous waste.
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3. Hazardous waste water treated meeting
environmental standards in sewage treatment system at the generating facility
shall be managed under the provisions of wastewater management in Chapter V of
this Decree.
4. Hazardous wastes must be classified starting
from the time of being stored or transferred for treatment.
Article 6. Registration of
hazardous waste generators
1. Waste generator of hazardous waste shall be
responsible for registration with the Service of Natural Resources and
Environment under one of the following forms:
Make an application for granting register of
hazardous wastes generators (hereinafter referred to as registration procedures
for hazardous wastes generator);
b) Integrate in report on hazardous waste
management and do not carry out registration procedures for hazardous wastes
generators for some special cases (in case of waste generator is limited on the
generated amount, type and operation time);
c) Register online through the information system
with complete information similar to making application as defined in Point a
Paragraph 1 of this Article.
2. The registration procedure for hazardous waste
generators as defined in Point a Paragraph 1 of this Article shall be carried
out once (no renewal or adjustment) when hazardous waste is generated. The
register is only regranted in case there is a change in generator’s name or
address, quantity of hazardous waste generating facilities; change or
supplementation of the plan for reuse, recycling, co-treatment, treatment and
recovery of energy from hazardous waste at the facility. After being granted
the Register of waste generators, waste information shall be updated with
reports on hazardous waste periodical management.
3. Registration procedures for hazardous waste
generators shall be integrated with the registration of the plans: self-reuse
or pre-processing, recycling, co-treatment, treatment, recovery of energy from
hazardous wastes meeting environmental standards in waste generating facility
campus.
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1. Register with the Service of Natural Resources
and Environment at the place of the hazardous waste generating facility as
defined in Paragraph 1, Article 6 of this Decree.
2. Take measures to minimize hazardous waste
generation; Be self-responsible for the delimitation, classification,
quantification of hazardous waste reported and managed.
3. Have a temporary storage area for hazardous
waste; store hazardous waste in packaging or storage instruments meeting the
technical requirements and management process as prescribed.
4. Conclude a contract to transfer hazardous waste
with organizations and individuals having appropriate license in case of
failure of self-reuse, recycling, co-treatment, treatment and recovery of
energy from hazardous waste at the facility.
5. Report every 06 (six) months on the storage of
hazardous waste at the generating facility with the Service of Natural
Resources and Environment in separate documents or in combination in the report
on periodical hazardous waste management upon failure to transfer in the
following cases:
Plans for feasible transport, treatment have not
been made;
b) Suitable hazardous waste treaters have not been
found.
6. Prepare, use, store and manage records for
hazardous waste, hazardous waste management report (periodical and
extraordinary) and dossiers, documents and diaries relating to the hazardous
waste management as prescribed.
7. Notify in writing to the Service of Natural
Resources and Environment at the place of the hazardous waste generating facilities
within 06 (six) months upon termination of generation of hazardous waste.
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1. The collection and transportation of hazardous
waste shall be only allowed by organizations and individuals with Licenses for
hazardous waste treatment.
2. The means and equipment for collection and
transportation of hazardous waste must meet technical requirements and
management procedures as prescribed. Transport means of hazardous waste must be
stated in the License for hazardous waste treatment.
3. The use of special means of transport such as
container, railway vehicles, inland waterways, seaway or means of transport not
included in the License for hazardous waste treatment must meet the technical
requirements, management process as prescribed by the Ministry of Natural
Resources and Environment and must be approved by the Ministry of Natural
Resources and Environment.
4. Transportation of hazardous waste must follow
the optimal route in the route line, distance, time, traffic safety and
emergency prevention and response in accordance with the provisions of the
competent agencies on traffic separation.
Article 9. Conditions for
licensing hazardous waste treatment
1. There is a report on environmental impact assessment
approved by the Ministry of Natural Resources and Environment for investment
projects in hazardous waste treatment facilities or replaced records, papers as
follows:
a) A valid document
on environment issued by competent State management agencies for hazardous
waste treatment facilities come into operation before July 1, 2006 including:
Certificate of environmental standard registration; verification document of
declarations of production, business impacting on the environment; verification
paper of environmental impact assessment; or documents equivalent to these
documents;
b) A project for
environmental protection approved by competent State management agencies as
prescribed for hazardous waste treatment facilities put into operation.
2. Locations of hazardous waste treatment
facilities (except where production facilities have hazardous waste
co-treatment activities) shall be under the planning having contents on
management, treatment of waste approved by competent agencies in provincial or
higher level as prescribed by law.
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4. There are environmental protection works in
hazardous waste treatment facilities meeting the technical requirements and
management procedures as prescribed.
5. There is staff meeting the following requirements:
a) A hazardous waste treatment facility must have
at least 02 (two) people responsible for management, executive, professional
and technical guidance whose professional knowledge is in majors related to the
environment or chemistry certified hazardous waste management as prescribed;
b) A hazardous waste transfer station must have at
least 01 (one) person responsible for management, executive, professional and
technical guidance whose professional knowledge is in majors related to the
environment or chemistry;
c) Staff referred to in Point a, Point b of this
Clause must be paid for social insurance, health care as prescribed by law;
have long-term labor contracts in case of not being included in the Certificate
of Business registration (or equivalent document) or not being in the leading
board or not being staff of organizations and individuals registering for
licensing of hazardous waste treatment;
d) There is a team of operators and drivers trained
to ensure safe operation of means, systems and equipment.
6. There is a safe operation process of means,
systems and equipment for collection, transport (if any) and treatment
(including re-processing, recycling, co-treatment, recovery of energy) of waste
hazardous.
7. There are environmental protection plans which
include contents about: pollution control and environmental protection plan;
labor safety and health protection plan; emergency response and prevention
plan; periodical training plan; environmental observation programs, treatment
operational monitoring and assessment of hazardous waste treatment effect.
8. There is a plan for pollution control and
environmental remediation upon termination of operation.
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a) Production establishments put into operation in
accordance with the law wish to add the waste co-treatment based on available
production technologies without making reports on environmental impact
assessment;
b) Waste treatment facilities put into operation in
accordance with law wishing to renovate and upgrade to more advanced technology
to decrease or not to increase bad impact to environment, improving treatment
efficiency, saving resources and energy without making reports on environmental
impact assessment must have plans to request hazardous wastes treatment
licensing agency for consideration and approval before commencement of the
renovation and upgrade.
10. The following cases shall not be
considered hazardous waste treatment facilities and shall not be subject
to licensing hazardous waste:
a) Waste generators reuse, pre-process, recycle,
have co-treatment, treat or recover energy from hazardous waste generated
internally in the campus of hazardous waste generating facilities themselves;
b) Organizations and
individuals research and develop technology for hazardous waste treatment in
laboratory environment;
c) Medical facilities have hazardous medical waste
treatment works in the campus to carry out self-treatment and collection and hazardous
biomedical waste treatment for medical facilities in vicinity (group modal).
11. The Ministry of Natural Resources and
Environment stipulates technical requirements and management procedures for the
cases mentioned in Paragraph 10 of this Article.
Article 10. Licensing
hazardous waste treatment
1. Organizations and individuals that meet the
conditions stipulated in Article 9 of this Decree shall make an application for
licensing hazardous waste treatment and request competent agencies.
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3. A License for hazardous waste treatment shall
specify operation areas, number and types of hazardous waste permitted to treat,
the vehicles, system, equipment for the transport and treatment of hazardous
waste (including pre-processing, recycling, co-treatment, recovery of energy),
other requirements for hazardous waste treaters.
4. The time-limit for licensing hazardous waste
treatment shall be 03 (three) years from the date of issuance.
5. Procedures for licensing hazardous waste
treatment shall replace procedures for: inspection and certification of
completion of the environmental protection works according to reports on environmental
impact assessment, environmental protection projects (or equivalent records and
document); confirmation of meeting environmental protection requirements for
treatment facilities of daily-life solid waste and ordinary industrial solid
waste (in case hazardous waste treatment facilities combine treatment of
daily-life solid waste with ordinary industrial solid waste treatment); Other
procedures for environment relevant to the operational stage of hazardous waste
treatment facilities as prescribed by law.
6. During the consideration, granting the License
for hazardous waste treatment, the Ministry of Natural Resources and
Environment shall approve in writing the trial operation of hazardous waste
treatment as a temporary base for organizations and individuals to conclude
contracts of collection, transportation and treatment of hazardous waste
serving the trial operation within 06 (six) months.
7. The Ministry of Natural Resources and
Environment shall specify the procedures for licensing hazardous waste
treatment.
Article 11. Re-issuance and
adjustment of License for hazardous waste treatment
1. The License for hazardous waste treatment shall
be reissued in the following cases:
a) The License for hazardous waste treatment
expires;
b) It is changed from the license for hazardous
waste management that has been granted under the provisions before this Decree
takes affect;
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2. The License for hazardous waste treatment shall
be adjusted when there are changes in: The operating areas; the amount and
types of hazardous waste that are allowed treatment; means, systems and
equipment for the transport and waste treatment (including pre-processing,
recycling, co-treatment, recovery of energy); number of transfer stations;
number of hazardous waste treatment facilities.
3. The provisions of Paragraph 2 of Article 9 of
this Decree shall not be applied to the reissuance, adjustment as provided for
in Paragraphs 1 and 2 of this Article.
4. The License for hazardous waste treatment shall
be reissued or adjusted within 03 (three) years from the date of reissuance or
adjustment; except where the hazardous waste treaters request to adjust only
part of the License and maintain the term of the issued License.
5. The Ministry of Natural Resources and
Environment shall specify the procedures for reissuance or adjustment of the
License for hazardous waste treatment.
Article 12. Responsibilities
of hazardous waste treaters
1. Conclude contracts of collection, transportation
and treatment of hazardous waste with hazardous waste generators in operation
areas indicated in the License for hazardous waste treatment; receive,
transport, treat the volume, types of hazardous waste by means, systems,
equipment permitted under the contents of the contracts, hazardous waste
documents and Licenses for hazardous waste treatment.
2. Fulfill responsibilities of hazardous waste
generators for hazardous waste arising from the operation without treatment
capabilities. In case hazardous waste is treated totally, the hazardous waste
treaters shall not fulfill responsibilities of hazardous waste generators.
3. Implement fully the contents of the application
for licensing hazardous waste treatment certified by the Ministry of Natural
Resources and Environment enclosed with the License. This application shall be
specific bases for environmental management and supervision for hazardous waste
treaters.
4. Notify in writing to hazardous waste generators
and report to the Ministry of Natural Resources and Environment (written
separately do or integrated in periodic reports on hazardous waste management)
in case there is reason for temporary storage of hazardous waste without
treatment after 06 (six) months from the date of transfer written in hazardous
waste records.
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6. Apply National Standards for Environmental
Management Systems (ISO 14001) within 24 (twenty four) months from the date of
issuance of the License for hazardous waste treatment; or 24 (twenty four)
months since this Decree takes effect to hazardous waste treatment facilities
which are operating.
7. Prepare, use, store and manage records for
hazardous waste, hazardous waste management report (periodical and
extraordinary) and dossiers, documents and diaries relating to the hazardous
waste management as prescribed. In case
hazardous waste treaters are also ordinary industrial solid waste treaters or
daily-life solid waste treaters, they are entitled to integrate reports,
records, documents and diaries for both management of hazardous waste and
daily-life solid waste or ordinary industrial solid waste.
8. Make plans for pollution control and
environmental remediation upon termination of operation, return the License for
hazardous waste treatment to the Ministry of Natural Resources and Environment
within 06 (six) months from the termination of operation.
Article 13. Responsibilities
of the Minister of Natural Resources and Environment in hazardous waste
management.
1. Consent for state management of hazardous wastes
on a national scale and promulgate regulations on:
a) List, code and level of hazardous waste;
technical requirements, management process on the delimitation, classification,
storage, transit, transportation, pre-processing, reuse, recycling,
co-treatment, treatment and recovery of energy from hazardous wastes; technical
requirements, management process related to the conditions to be licensed for
hazardous waste treatment and the fulfilling responsibilities in operation
stage of hazardous waste generators and treaters;
b) The procedures for: Registration for hazardous
waste generators; issuance and revocation of Licenses for hazardous waste
treatment; integration and replacement of procedures related to registration
for waste generators, licensing for hazardous waste treatment; issuance of
certification of hazardous waste management;
c) Registration for cross-border transport of
hazardous waste under the Basel Convention on the Control of cross-border
transport of hazardous wastes and destruction; implementation of functional
authorities and focal points of the Basel Convention in Vietnam;
d) Particular cases: Failure of collection,
transportation, storage and transfer by vehicles and equipment recorded in the
License for hazardous waste treatment for waste generators with low waste
generation quantity or generators in remote areas and areas that are not
eligible for the hazardous waste treaters to transport directly by the means
listed in the license for hazardous wastes treatment, hazardous wastes that are
not capable of domestic treatment or specified in the international agreements
to which the Socialist Republic of Vietnam is a signatory; reuse of hazardous
waste; transportation of hazardous waste from the offshore oil and gas projects
and other cases arising in practice.
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3. Formulate and operate information systems,
national database on hazardous waste; organize and guide the implementation of
the waste generator registration, declaration of hazardous waste documents and
reports on online management of hazardous waste; increase the use of
information systems or electronic mail to notify, guide and exchange with
organizations and individuals in the process of issuing the License for hazardous
waste treatment.
4. Implement the contents of hazardous waste
management serving the formulation and implementation of environmental
protection planning as provided for in Article 94 of the Law on Environmental
Protection.
Article 14. Responsibilities
of the Service of Natural Resources and Environment in hazardous waste
management.
1. Manage the operation and records, reports,
contracts, documents of the hazardous waste generators within their local scope
(including the case where waste generators are exempt from the registration
procedures of hazardous waste generators).
2. Update the database of hazardous waste and
commence the waste generator registration, declaration of hazardous waste
documents, reports on hazardous waste online management at locality; increase
the use of information systems or electronic mail in the registration process
for hazardous waste generators.
3. Report to provincial People’s Committees and the
Ministry of Natural Resources and Environment on hazardous waste management,
waste generator registration of hazardous waste, the deadline of reports is
before March 31 of the following year.
Chapter III
DAILY-LIFE SOLID WASTE
MANAGEMENT
Article 15. Classification,
storage of daily-life solid waste
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a) Biodegradable organic group (leftovers, leaves,
vegetable, fruit, animal carcasses);
b) Reusable and recycled group (paper, plastic,
metal, rubber, plastic, glass);
c) The other group.
2. Daily-life solid waste after being classified
shall be stored in the appropriate packaging or storage device.
3. The classification of daily-life solid waste
must be managed, monitored, propagated and advocated organizations,
individuals, households to comply with provisions, ensuring favorable
requirements for collection, transport and treatment.
4. Provincial
People’s Committees shall guide and organize the classification of daily-life
solid waste in consistence with specific natural and socio-economic conditions
of each locality.
Article 16. Responsibilities
of organizations and individuals generating daily-life solid waste
1. Daily-life solid waste must be classified
and stored as defined in Article 15 of this Decree.
2. Households and individuals must pay a sanitary
fee for collection and transportation of daily-life solid waste as prescribed.
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Article 17. Collection and
transportation of daily-life solid waste
1. Daily-life solid waste must be collected
according to routes to be transported to the collecting points, transfer
stations and daily-life solid waste treatment facilities under the planning
approved by competent authorities.
2. On main streets, shopping malls, parks, squares,
residential centralized location, transportation focus points and other public
areas the appropriate storage device and daily-life solid waste collecting
point must be arranged.
3. The storage devices of daily-life solid waste
must have sizes suitable for the storage period. Storage devices in public
areas must ensure aesthetics
4. In the process of transporting daily-life solid
waste, it must ensure not to drop waste, causing emission of dust, odors, water
leaks.
Article 18. Responsibilities
of collectors and transporters of daily-life solid waste
1. Ensure sufficient manpower, means and equipment
dedicated to the collection and transportation of daily-life solid waste in
specified locations.
2. Notify publicly of the time, location, frequency
and route of daily-life solid waste collection in residential areas.
3. Collect and transport daily-life solid waste to
collecting points, transfer stations or treatment facilities by means of
equipment meeting the technical requirements and management procedures as
prescribed.
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5. Be responsible for the spillage state of
daily-life solid waste, causing emission of dust, odor or water leaks causing
negative environmental impact in the process of collection and transportation.
6. Train technically and provide personal
protective equipment for workers collecting and transporting daily-life solid
waste.
7. Organize periodical medical examination and
ensure the policies for workers collecting and transporting daily-life solid
waste as prescribed.
8. Report annually on the collection and
transportation of daily-life solid waste as prescribed.
Article 19. Technology
selection in daily-life solid waste treatment
1. Technology of daily-life solid waste treatment
shall include:
a) Organic fertilizer processing technology ;
b) Combustion technology;
c) Sanitary landfill technology;
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dd) Other environmentally friendly technologies.
2. Selection of the processing technology of daily
life solid waste under the following criteria:
a) For technology:
- The ability of receipt of daily-life solid waste,
flexibility, consistence in size, expansion of treatment capacity;
- The degree of automation, localization of
equipment line; rate of treatment, reuse, recycling, landfill of daily-life
solid waste ;
- Priority of technology assessed and verified by
competent agencies meeting environmentally technical regulations and standards
and be in accordance with conditions of Vietnam;
- Manage, operate and maintain
in accordance with degree, capacity of local human resources
b) For environment and society:
- Guarantee of environmental technical regulations
and standards;
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- Save of energy, recovery capability in the
treatment process;
- Training and using of local manpower.
c) For economy:
- Cost of treatment consistent with the
affordability of locality or not exceeding the treatment cost declared by
competent agencies;
- The ability to consume products from technologies
of treatment, recycling of daily-life solid waste.
3. Based on the provisions of Paragraph 2 of this
Article, the provincial People’s Committees or the investors shall choose the
treatment technology of daily-life solid waste in accordance with their local
conditions.
Article 20. Selection of
investors, daily-life solid waste treaters.
1. The selection of investors of daily-life solid
waste treatment facilities shall comply with law provisions on investment,
construction and bidding.
2. The selection of daily-life solid waste treaters
to manage and operate the daily-life solid waste treatment facilities invested
by the State budget must comply with the provisions of the law on public
service product supply.
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Article 21. Environmental
protection requirements for daily-life solid waste treatment facilities
1. There are reports on environmental impact
assessment approved by competent agencies for investment project of waste
treatment facility.
2. There are treatment systems and device
(including pre-processing, recycling, co-treatment, recovery of energy),
temporary storage meeting technical requirements and management procedures as
prescribed.
3. There are the environmental protection projects
in waste treatment facilities meeting technical requirements and management procedures
as prescribed.
4. There are programs of environmental management
and supervision.
5. Daily-life solid waste treaters must be
certified by competent agencies meeting environmental protection requirements
prior to official operation of daily-life solid waste treatment.
6. Prior to trial operation, daily-life solid waste
treaters must report to competent agencies for certification of meeting
environmental protection requirements for daily-life solid waste treatment
facilities on the trial operation plan. Time for trial operation of daily-life
solid waste treatment shall be within 06 (six) months.
7. The Ministry of Natural Resources and
Environment shall certify or adjust the certification of meeting environmental
protection requirements for:
a) Daily-life solid waste treatment facilities of
which reports on environmental impact assessment are approved by the Ministry
of Natural Resources and Environment;
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c) Daily-life solid waste treatment facilities
associated with hazardous waste treatment (replaced by the License for
hazardous waste treatment).
8. The provincial People’s Committees shall certify
or adjust the certification of meeting environmental protection requirements
for daily-life solid waste treatment facilities under the approval competence
of reports on environmental impact assessment and the facilities only receiving
daily-life solid waste treatment facilities in the provincial areas.
9. The time for submission of registration
application for certification of meeting environmental protection requirements
for daily-life solid waste treatment facilities shall be as follows:
a) It shall be within 06 (six) months from the date
of commencement of trial operation;
b) For projects of daily-life solid waste treatment
that have many stages, registration application for certification of meeting
environmental protection requirements shall be submitted for daily-life solid
waste treatment facilities for each stage of the projects .
10. In case daily-life solid waste treatment
facilities have changes in size, capacity, technology, they must submit an
application for adjustment, certification of meeting environmental protection
requirements for daily-life solid waste treatment facilities and request
competent agencies for consideration and adjustment of certification as
prescribed.
11. In case daily-life solid waste treatment
facilities associate with ordinary industrial solid waste, the certification of
meeting environmental protection requirements for daily-life solid waste
treatment facilities and the certification of meeting environmental protection
requirements for ordinary industrial waste treatment facilities shall be
typically integrated together.
12. The certification of meeting environmental
protection requirements as defined in this Article shall not be applied to the
following cases:
a) Daily-life solid waste treatment facilities that
are not subject to reporting on environmental impact assessment as prescribed;
Daily-life solid waste treatment facilities that have been put into operation
and have been certified completion of environmental protection works as
prescribed before this Decree takes effect;
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c) Self-preprocessing, reuse, recycling,
co-treatment, treatment or recover of energy from daily-life solid waste
generated internally in the campus of facilities;
d) Research and development of technology for
daily-life solid waste treatment in laboratory environment;
13. The conditions stipulated in Paragraph 1 of
this Article shall not be applied to the following cases:
a) Production establishments that have been put
into operation in accordance with the law wish to add the daily-life solid
waste co-treatment based on available production technologies without making
reports on environmental impact assessment;
b) Daily-life solid waste treatment facilities put
into operation in accordance with law wish to renovate and upgrade to more
advanced technology to decrease or not to increase bad impact to environment,
improve treatment efficiency, save resources and energy without making reports
on environmental impact assessment.
Article 22. Responsibilities
and powers of daily-life solid waste treaters
1. Responsibilities of daily-life solid waste
treaters:
a) Fully fulfill the requirements of environmental
protection under the provisions of Article 21 of this Decree;
b) Fully implement contents of certification of
meeting environmental protection requirements for daily-life solid waste
treatment facilities and application for certification of meeting environmental
protection requirements for daily-life solid waste treatment facilities
enclosed with the certification content. This application shall be specific
bases for environmental management and supervision for the daily-life solid
waste treaters;
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d) Notify in writing to State management agencies,
parties involved in case of suspension of services to repair, renovate and
upgrade the processing services. Contents of the notice must specify the
reasons, suspension of the service and must have handing plans;
dd) Take emergency measures to ensure the safety of
persons and property; rescue persons, property and promptly notify to
investors, local governments or specialized agencies in environmental
protection where the pollution or environmental incidents occur for cooperation
in handling upon detection of environmental incidents;
e) Formulate, use, store, and manage reports, records,
documents and diaries related to daily-life solid waste management as
prescribed;
g) Manage under the provisions on hazardous waste
management and fulfill responsibilities of hazardous waste generators as
defined in Chapter II of this Decree for classification of hazardous waste
generators from daily-life solid waste or generation of hazardous waste at
daily-life solid waste treatment facilities.
2. Rights of daily-life solid waste treaters:
a) Be paid properly and sufficiently the service
charges of solid waste treatment under the signed contracts;
b) Request competent State agencies for
consideration, amendment and supplementation of regulations, technical
standards and the technical and economic norms related to solid waste treatment
;
c) Exercise other rights as stipulated by law.
Article 23. Environmental
renovation and remediation upon close of daily-life solid waste landfills
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a) Conduct survey and evaluation of relevant
environmental factors prior to reuse the area;
b) Continue the treatment of waste water leaks, gas
normally while waiting for the reuse of the area of daily-life solid waste
landfill;
c) Monitor the environmental changes in monitoring
stations after the termination of operation of daily-life solid waste
landfills.
2. Responsibilities of investors, daily-life solid
waste treaters:
a) Develop plans for environmental renovation and
remediation when closing the daily-life solid waste landfills to request
competent agencies provided for in Paragraphs 7, 8, Article 21 of this Decree
for approval before closing the landfills. The plans for environmental
renovation and remediation of the daily-life solid waste landfills using
Central supportive budget must be submitted to the Ministry of Natural
Resources and Environment for consideration and summary;
b) Carry out the renovation and remediation of the
environment and landscape of the area and take measures to prevent
environmental pollution in accordance with the approved plans immediately after
the closure of daily-life solid waste landfills;
c) Supervise the environment periodically, monitor
the environmental changes in daily-life solid waste landfills that have been
closed at least 05 (five) years from the date of closing the landfills.
Periodical environmental monitoring results must be reported to State
management agencies on the local environment;
d) Establish a topography map of the area after the
closure of landfills, termination of operation of the daily-life solid waste
landfills;
dd) Propose measures for pollution control in the
following years;
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3. The Ministry of Natural Resources and
Environment shall take charge and cooperate with the Ministry of Construction
to provide guidance on procedures and contents of environmental renovation and
remediation of daily-life solid waste landfills and processes of closing the
daily-life solid waste landfills after the termination of operation.
Article 24. Contracts of
collection, transportation and treatment of daily-life solid waste
1. Types of contract:
Contracts of collection, transportation and
treatment of daily-life solid waste
b) Contracts of collection and transportation of
daily-life solid waste
c) Contracts of treatment of daily-life solid
waste.
2. The Ministry of Construction shall provide
guidance on the contract forms of collection, transportation and treatment of
daily-life solid waste
Article 25. Expenses of
collection, transportation and treatment of daily-life solid waste
1. The expenses of collection, transport and
storage of daily-life solid wastes generated from the individuals, households
and public places shall be covered through local budget.
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a) Expenses of operating and maintenance;
b) Expenses of depreciation, machinery, factories,
projects invested for daily-life solid waste treatment (including leachate and emissions
if any) meeting technical regulations and standards as prescribed;
c) Expenses, taxes and other fees as prescribed by
law.
3. The revenues to pay for the collection,
transportation and treatment of daily-life solid waste shall include cleaning
fee and other revenues as prescribed by law.
Article 26. Service charge of
daily-life solid waste treatment.
1. The principles and methods of valuation:
a) The valuation must be associated with service
quality, treatment technology; must ensure that the volume of daily-life solid
waste shall be treated in consistence with the technical process, meeting the
environmental standards, contributing to improving environmental quality,
public health protection;
b) The valuation of the service of daily-life solid
waste treatment must be based on infrastructure conditions, socio-economic
conditions and affordability of local budgets.
2. Responsibilities for the formulation,
verification and approval of service charges of daily-life solid waste
treatment:
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b) For daily-life solid waste treatment facilities
invested from capital outside the state budget capital, investors shall
establish and submit the price plans, the Service of Finance shall take charge
and cooperate with relevant agencies to verify and request provincial People’s
Committees for approval;
c) For interregional and interprovincial projects
of daily-life solid waste treatment, investors shall make price plans submitted
to the Ministry of Finance for taking charge and cooperating with related
Ministries and branches to verify. Verification results of the Ministry of
Finance shall be a basis for the provincial People's Committees under the
project scope to approve the treatment charge of daily-life solid waste.
Article 27. Responsibilities
of Ministers in daily-life solid waste management
1. Responsibilities of the Minister of Natural
Resources and Environment
a) Guide the procedures and application for
certification and adjustment of certification of meeting environmental
protection requirements for daily-life solid waste treatment facilities;
b) Guide techniques, management process in the
classification, storage, gathering, transit, transportation, pre-processing,
reuse, recycling, co-treatment, treatment and energy recovery from daily-life
solid waste; technical requirements and management processes for cased not
requesting the certification of meeting environmental protection requirements
as defined in Paragraph 12 of Article 21 of this Decree and other cases arising
in practice;
c) Implement the contents of daily-life solid waste
management serving the formulation and implementation of environmental
protection planning as provided for in Article 98 of the Law on Environmental
Protection.
d) Manage and inspect environmental protection
activities on daily-life solid waste management;
dd) Take charge and cooperate with the Minister of
Construction to formulate the database on daily-life solid waste, management,
development and exchange, providing information related to daily-life solid
waste management.
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a) Guide the management of construction investment
of daily-life solid waste treatment facilities under the approved plan; method
of preparation, cost management and service evaluation methods of daily-life
solid waste treatment ;
b) Declare technical and economic norms on
collection, transportation and treatment of daily-life solid waste;
construction investment capital rate of daily-life solid waste treatment
facilities;
c) Cooperate with the Minister of Construction to
formulate the database on daily-life solid waste, management, development and
exchange, providing information related to daily-life solid waste management.
3. Responsibilities of the Minister of Science and
Technology: Take charge and cooperate with the Minister of Construction and the
Minister of Natural Resources and Environment to verify daily-life solid waste
treatment technologies that are newly researched and applied research for the
first time in Vietnam.
Article 28. Responsibilities
of provincial People’s Committees in daily-life solid waste management
1. Manage daily-life solid waste in the provincial
administrative division, assign responsibilities for the professional bodies
and decentralize to the People’s Committees at all levels on daily-life solid
waste management under provisions.
2. Issue specific provisions on daily-life solid
waste management; mechanisms of incentive and supportive policies to encourage
the collection, transportation and investment of daily-life solid waste
treatment facilities suitable for the conditions of socio-economic development
of the locality.
3. Direct the formulation, verification, approval
and organize the commencement of solid waste treatment planning, environmental
protection planning within their competence; make annual plans for the
collection, transportation and treatment of daily-life solid waste and arrange
funding in accordance with the program, development plans of the economy and society
in the locality.
4. Formulate the hygiene charge levels for
household objects, individuals, establishments of production, business,
services, organizations and request the provincial People’s Councils for
decision.
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6. Propagate and educate
legislation on daily-life solid waste management; direct the inspection and
handling of violations of the law on solid waste management in the
administrative division.
Chapter IV
ORDINARY INDUSTRIAL
SOLID WASTE MANAGEMENT
Article 29. Delimitation,
classification and storage of ordinary industrial solid wastes
1. Ordinary industrial solid wastes must be
delimited, classified separately for hazardous waste, in case of failure to
classify, they must be managed under the provisions on hazardous waste.
2. The delimitation, classification and storage of
ordinary industrial solid wastes must meet technical requirements and
management procedures as prescribed.
Article 30. Responsibilities
of ordinary industrial solid waste generators
1. Fulfill responsibility of delimitation,
classification, storage of ordinary industrial solid wastes as prescribed in
Article 29 of this Decree.
2. Re-use, pre-process, recycle, treat, co-treat,
recover energy by themselves or conclude the transfer contracts for functional
units to transport, treat ordinary industrial solid waste.
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Article 31. Collection and
transportation of ordinary industrial solid wastes
1. The collection, transport and transfer of
ordinary industrial solid wastes must not be dropped, caused emission of dust,
odor or leakage of water and must meet the technical requirements, process
management according to provisions.
2. The hazardous waste treaters that have been
licensed hazardous waste treatment shall be allowed to collect and transport
ordinary industrial solid wastes.
3. Organizations and individuals collecting and
transporting ordinary industrial solid waste shall transfer the waste to
ordinary industrial solid waste treatment facilities allowed to operate as
prescribed by law.
Article 32. Environmental
protection requirements for ordinary industrial solid waste treatment
facilities
1. There are reports on environmental impact
assessment approved by competent agencies for investment project of waste
treatment facility.
2. There are treatment systems and device
(including pre-processing, recycling, co-treatment, recovery of energy),
packaging, storage equipment, temporary storage or transit areas, transport
means (if any) meeting technical requirements and management procedures as
prescribed.
3. There are the environmental protection projects
in waste treatment facilities meeting technical requirements and management procedures
as prescribed.
4. There are programs of environmental management
and monitoring.
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6. Prior to test operation, the daily-life solid
waste treaters must report to competent agencies for confirmation of meeting
environmental protection requirements for daily-life solid waste treatment
facilities on the test operation plan. Time for test operation of ordinary
industrial solid waste treatment shall be within 06 (six) months.
7. The Ministry of Natural Resources and
Environment shall certify or adjust the certification of meeting environmental
protection requirements for:
a) Ordinary industrial solid waste treatment
facilities of which reports on environmental impact assessment are approved by
the Ministry of Natural Resources and Environment;
b) Ordinary industrial solid waste treatment
facilities receiving the treatment from the waste generation sources in the
inter-provincial areas;
c) Ordinary industrial solid waste treatment
facilities associated with hazardous waste treatment (replaced by the License
for hazardous waste treatment).
8. The provincial
People’s Committees shall certify or adjust the certification of meeting
environmental protection requirements for ordinary industrial solid waste
treatment facilities under the approval competence of reports on environmental
impact assessment and the facilities only receiving treatment from the
generators in the provincial areas.
9. The time for submission of registration
application for certification of meeting environmental protection requirements
for ordinary industrial solid waste treatment shall be as follows:
a) Projects approved environmental impact reports
shall be within 06 (six) months from the date of commencement of trial
operation;
b) For projects that have many stages, registration
application for certification of meeting environmental protection requirements
shall be submitted for ordinary industrial solid waste treatment facilities for
each stage of the projects .
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11. The certification of meeting environmental
protection requirements as defined in this Article shall not be applied to the
following cases:
a) Ordinary industrial solid waste treatment
facilities that have been put into normal operation and certified completion of
environmental protection works as prescribed before this Decree takes effect;
b) Re-use of ordinary industrial solid wastes;
c) Self-preprocessing, reuse, recycling,
co-treatment, treatment or recover of energy from ordinary industrial solid
waste generated internally in the campus of facilities;
d) Research and development of technology for
ordinary industrial solid waste treatment in laboratory environment;
12. The conditions stipulated in Paragraph 1 of
this Article shall not be applied to the following cases:
a) Production establishments that have been put
into operation in accordance with the law wish to add ordinary industrial solid
waste co-treatment based on available production technologies without making
reports on environmental impact assessment;
b) Waste treatment facilities put into operation in
accordance with law wish to renovate and upgrade to more advanced technology to
decrease or not to increase bad impact to environment, improve treatment
efficiency, save resources and energy without making reports on environmental
impact assessment.
Article 33. Responsibilities
of ordinary industrial solid waste treaters
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2. Have a plan requested competent agencies as
defined in Paragraph 7, 8, Article 32 of this Decree for consideration and
approval before the operation for cases specified in Paragraph 12 of Article
32;
3. Treat ordinary industrial solid waste in
accordance with the area of operation, capacity, type of waste, waste
treatment systems and equipment constructed, installed and certified.
4. Fulfill responsibility of hazardous waste
generators as prescribed in case hazardous waste is generated from ordinary
industrial solid waste treatment facilities.
5. Fully implement contents of certification of
meeting environmental protection requirements for ordinary industrial solid
waste treatment facilities and application for certification of meeting
environmental protection requirements for ordinary industrial solid waste
treatment facilities enclosed with the Certification content. This application
shall be specific bases for environmental management and supervision for the
ordinary industrial solid waste treaters;
6. Prepare, use, store and manage reports, records,
documents and diaries related to the management of ordinary industrial solid
wastes as prescribed, In case ordinary industrial solid waste treaters are also
hazardous waste treaters or daily-life solid waste treaters, reports, records,
documents and diaries shall be integrated for the management of hazardous
wastes or daily-life solid waste and ordinary industrial solid waste.
7. Apply National Standards for Environmental
Management Systems (ISO 14001) within 24 (twenty four) months from the date of
certification of meeting environmental protection requirements for ordinary
industrial waste treatment facilities; or 24 (twenty four) months since this
Decree takes effect for facilities which are operating.
8. Make plans for pollution control and
environmental remediation, and notify in writing to competent agencies for
certification of meeting environmental protection requirements for ordinary
industrial solid waste treatment facilities within 06 (six) months after the
termination of operation.
Article 34. Responsibilities
of Minister of Natural Resources and Environment in ordinary industrial solid
waste management.
1. Accord in state management of ordinary
industrial solid waste and issue provisions on:
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b) Procedures for certification and adjustment of
certification of meeting environmental protection requirements for ordinary
industrial solid waste treatment facilities;
c) Technical requirements and management process
for cases not requesting certification of meeting environmental protection
requirements as defined in Paragraph 11 of Article 32 of this Decree and other
cases arising in practice.
2. Manage and inspect operation and records,
contracts, reports relating to ordinary industrial solid waste treaters within
their competence.
3. Formulate and operate the national database of
ordinary industrial solid wastes; increase the use of information systems or
electronic mail to inform, guide and exchange with organizations and
individuals during certification of environmental protection requirements for
ordinary industrial solid waste treatment facilities.
4. Implement the contents of ordinary industrial
solid waste management serving the formulation and implementation of
environmental protection planning as provided for in Article 98 of the Law on
Environmental Protection.
Article 35. Responsibilities
of provincial People’s Committees in ordinary industrial solid waste management
1. Manage and inspect operation and records,
contracts, reports relating to ordinary industrial solid waste treaters
certified meeting environmental protection requirements by provincial People’s
Committees.
2. Update national database of ordinary industrial solid
wastes; increase the use of information systems or electronic mail to inform,
guide and exchange with organizations and individuals during certification of
environmental protection requirements for ordinary industrial solid waste
treatment facilities.
3. Annually prepare statistics, update on the
generation and management of ordinary industrial solid waste in the locality
and report to the Ministry of Natural Resources and Environment for summary and
monitoring; The deadline of reporting is March 31 of following year.
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WASTEWATER MANAGEMENT
Article 36. General principles
of wastewater management
1. Wastewater must be managed through minimization,
re-use, collection and treatment meeting environmental standards.
2. The discharge of wastewater must be managed
according to both administrative boundaries and basin.
3. Organizations and individuals discharging
wastewater must pay fees, service charges for wastewater treatment as
prescribed by law.
4. Activities aimed at reducing and reusing wastewater
are encouraged.
Article 37. Collection and
treatment of wastewater
1. Industrial zones must have their own separate
collection systems of rain water and concentrated wastewater collection and
treatment system meeting environmental standards. Wastewater treatment systems
must ensure enough capacity to treat the entire volume of the wastewater
discharged of facilities in industrial zones put into operation. Industrial
zones close to each other may combine general use of concentrated wastewater
treatment system.
2. Urban areas, concentrated residential areas,
buildings, building complexes of services and business must have rainwater
collection system and collection, treatment of wastewater under the planning
and comply with technical standards in the construction of technical
infrastructural constructions.
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a) Self-treatment in wastewater treatment system of
facilities meeting environmental standards before discharge into the
environment;
b) Meeting the requirements for input wastewater
before being put into concentrated wastewater treatment system of industrial
zones or trade villages as stipulated by the owner of technical infrastructure
system for industrial parks or trade villages;
c) Transferring to functional units for treatment
outside generation facilities as prescribed: Hazardous wastewater shall be
managed in accordance with regulations on hazardous waste management in Chapter
II of this Decree; non-hazardous wastewater shall be transferred to appropriate
functional units for treatment.
Article 38. Discharge of
wastewater into receiving water
1. The discharge of wastewater of establishments of
production, business and services into the receiving water must ensure
uniformity in accordance with national technical standards on environment
issued by the Ministry of Natural Resources and Environment issued or under
environmental standards of locality.
2. The source of wastewater discharged into the
receiving water must be investigated, evaluated regularly.
3. The discharge of wastewater into the receiving
water must be managed in accordance with loading capacity of water environment
and wastewater discharge quotas as prescribed.
Article 39. Monitoring of
wastewater discharge
1. The wastewater discharge of establishments of
production, business, services and industrial parks must be regularly monitored
according to the approved reports on environmental impact assessment and the
certified plans for environmental protection or equivalent records, document in
accordance with the law.
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3. Establishments of production, business, services
outside industrial zones having discharge scale of 1,000 m3 / day or more (not
including cooling water) must be installed the continuous automatic wastewater
monitoring system and transmit data directly to the Service of Natural
Resources and Environment in locality.
4. Establishments of production, business, services
outside industrial zones having discharge scale of 1,000 m3 / day
and night (not including cooling water) and being in danger of damage of
environment are encouraged to install the continuous automatic wastewater
monitoring equipment.
Article 40. Management
wastewater and waste sludge after wastewater treatment
1. Wastewater after treatment must be collected for
the purpose of reuse or discharge into receiving waters.
2. The re-use of treated wastewater must comply
with specific provisions for each use purpose.
3. Waste sludge from wastewater treatment system
shall be managed as follows:
Waste sludge with risk factors exceeding the
hazardous waste level must be managed according to the provisions on hazardous
waste management in Chapter II of this Decree;
b) Waste sludge without risk factors exceeding the
hazardous waste level must be managed according to the provisions on ordinary
industrial solid waste management in Chapter II of this Decree;
Article 41. Water
environmental load capacity and wastewater discharge quotas
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2. Load capacity shall be considered based on the
use purpose characteristics and self-cleaning ability of the receiving
environment; the scale and nature of the current wastewater discharge sources
and socio-economic development planning.
3. Wastewater discharge quota shall be determined
and allocated based on water environmental load capacity corresponding to the
period of socio-economic development planning.
4. Load capacity of water environmental and
wastewater discharge quotas shall be bases for making or adjusting the
socio-economic development planning and sector development planning;
considering and approval of investment policies, investment certificate for the
project.
Article 42. Resource for
wastewater management
1. The State encourages all forms of investment in
the field of wastewater management in accordance with legislation on
investment.
2. Revenues from daily-life wastewater treatment
must gradually offset the cost of concentrated daily-life wastewater treatment
.
3. Revenues for wastewater (daily-life and
industrial) must be used for purposes of prevention, restriction and control
and remedy of pollution caused by wastewater.
Article 43. Responsibilities
of Ministers in wastewater management
1. Responsibilities of the Minister of Natural
Resources and Environment
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b) Formulate and promulgate guidelines for
assessing the load capacity of the receiving water, zone use and determine
wastewater discharge quotas into the receiving water; formulate and promulgate
and allocate quotas for wastewater discharge interprovincial river basins;
manage the wastewater discharge quota exchange.
c) Guide wastewater management and treatment and
accord the promulgation of environmental standards on wastewater discharge into
the receiving water;
d) Monitor and control water quality in the
receiving water of interprovincial and international river basins;
dd) Develop the process of investigation,
evaluation, formulation of database on wastewater in river basins; manage
database of wastewater in the interprovincial river basin and operate the
mechanism to share information on the wastewater sources in interprovincial and
international river basins.
2. Responsibilities of the Ministers related to
wastewater management of some specific waste sources shall be fulfilled under
the provisions of Chapter VII of this Decree.
Article 44. Responsibilities
of provincial People’s Committees in wastewater management
1. Direct and organize the collection and treatment
of daily-life wastewater in the province.
2. Monitor and control of water quality in the
receiving water in the province; invest facilities, technical infrastructure to
receive and manage the results of continuously automatic wastewater monitoring.
3. Evaluate the load capacity, promulgate and
allocate quotas for wastewater discharge for provincial
river basins; disclose information of receiving waters that are no longer
capable of receiving wastewater in the administrative division.
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5. Report annually on the wastewater management and
treatment for the Ministry of Natural Resources and Environment for summary and
monitoring.
Chapter VI
INDUSTRIAL EMISSION
MANAGEMENT
Article 45. Registration,
inventory and formulation of database on industrial emissions
1. Project owners, facility owner under the list of
emission sources of great discharge specified in the Appendix of this Decree
must register for industrial emission generators, unless the generators have
co-treatment operation licensed hazardous waste treatment, or certified meeting
environmental protection requirements for daily-life solid waste treatment
facilities or ordinary industrial solid waste.
2. The registration of industrial emission
generators shall be made when production establishments are put under
officially operation or the establishments have plans for changes in industrial
emission generating sources (increase in generation quantity, quantity of emission
sources).
3. The Ministry of Natural Resources and
Environment shall receive applications for waste generators; inventory
industrial emission and formulate database on industrial emissions.
Article 46. Licensing of
industrial emission discharge
1. The Ministry of Natural Resources and
Environment shall consider the applications for industrial emission generators
and grant the License for industrial emission discharge for establishments that
are operating under the list of emission sources of great discharge specified
in the Appendix of this Decree, unless the generators have co-treatment
operation licensed hazardous waste treatment, or certified meeting
environmental protection requirements for daily-life solid waste treatment
facilities or ordinary industrial solid waste.
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3. The issuance of License for industrial emission
shall be from January 01, 2018.
Article 47. Continuously
automatic industrial emission monitoring
1. Generators of industrial emission in the list of
emission sources of great discharge prescribed in the Appendix of this Decree
must install continuously automatic emission monitoring equipment, transmit
direct data to the local Service of Natural Resources and Environment.
2. The local Service of Natural Resources and
Environment shall transmit the data of continuously automatic emission date to
the Ministry of Natural Resources and Environment.
Article 48. Responsibilities
of the Minister of Natural Resources and Environment in industrial emission management.
The Minister of Natural Resources and Environment
shall stipulate the procedures for industrial emission registration and
inventory, issue the License of industrial emissions; formulate database of
industrial emissions, technical requirements, data connection standards of
automatically and continuously industrial emissions monitoring.
Chapter VII
MANAGEMENT OF SOME
PARTICULAR WASTES
Article 49. Management of
waste from medical activities
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a) Hazardous medical wastes shall include:
infectious wastes; hazardous waste not infectious (classified separately
according to the list and provisions on hazardous waste management in Chapter
II of this Decree); radioactive waste (managed under the provisions on
radioactivity);
b) Ordinary medical waste shall include:
conventional solid wastes (including daily-life solid waste); non-hazardous
liquid waste.
2. Infection waste must be strictly managed with
the highest level in medical facilities, ensuring no spread of pathogens
affecting the environment and human health.
3. Where infectious wastes are put together with
daily-life solid waste, ordinary solid waste, that waste mixture must be
managed in accordance with regulations on hazardous waste.
4. Medical facilities shall base on the planning,
geographic factors, economic conditions and environments to choose to apply one
of the treatment plans for hazardous medical wastes as follows:
a) Concentrated medical waste treatment facilities
or concentrated waste treatment facilities have items of medical waste
treatment;
b) Hazardous medical wastes are treated under the
model of medical facility cluster (medical waste of a cluster of medical
facilities shall be collected and treated together in systems, process
equipment of a facility in the cluster);
c) Hazardous medical wastes are treated in the
system, processing equipment in the campus of medical facilities.
5. Treatment of hazardous medical waste shall be as
follows:
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b) Infectious waste after disinfection shall be
treated like ordinary waste by suitable methods.
6. The Minister of Natural Resources and
Environment shall specify the transportation and treatment of medical wastes.
7. The Minister of Health shall take charge and cooperate
with the Minister of Natural Resources and Environment to specify the
classification, storage, medical waste management within campus of medical
facilities and waste generated from burial, cremation.
Article 50. Management of
solid waste from construction activities
1. Solid waste from construction activities
(including renovation and demolition of works, called as construction solid
waste) must be classified and managed as follows:
Soil, sludge from excavation, dredging topsoil,
digging the foundation piles shall be used to cultivate the crop land or
suitable land areas;
b) gravelly soil, solid waste from construction
materials (brick, tile, grout, concrete, adhesives materials overdue) shall be
recycled as construction materials or reused as backfill materials for the
buildings or buried in construction solid waste landfill;
c) Recyclable solid waste such as glass,
steel, wood, paper, plastics shall be recycled and reused.
2. Households in urban areas while carrying out
renovation or demolition of buildings must take measures to collect and
transport and treat construction solid waste as prescribed.
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4. The Minister of Construction shall take charge
and cooperate with the Minister of Natural Resources and Environment to specify
the classification, collection, reuse and recycling and treatment of
construction waste.
Article 51. Management of
waste from agricultural activities
1. Hazardous wastes being packages containing
harmful chemicals or harmful chemical products used in agricultural and
forestry production must be collected, stored, transported and treated in
accordance with provisions on hazardous waste management.
2. Packages containing plant protection chemicals
after use that have been cleaned of hazardous components shall be managed as
for ordinary waste.
3. The breeding wastewater reused for watering
plants or used in other agricultural production activities as prescribed by the
Ministry of Agriculture and Rural Development and Ministry of Natural Resources
and Environment.
4. The Minister of Agriculture and Rural
development shall take charge and cooperate with the Minister of Natural
Resources and Environment to provide detailed instructions on collection and
storage of waste generated in agricultural activities.
5. The Minister of Natural Resources and
Environment shall specify the treatment of the packaging, plant protection
chemicals, fertilizers, veterinary medicines waste generated in agricultural
activities.
Article 52. Management of
waste from transportation activities
1. Waste generated within Vietnam’s territory from
international means of transport shall be managed under the provisions of this
Decree, shall not be applied the provisions of legislation on import and trade.
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Article 53. Management of
dredged sludge
1. Dredged sludge (from sea, rivers, lakes, canals,
drainage systems and other waters) must be collected, transported, discharged,
reused, recycled and treated as prescribed by law.
2. The Minister of Construction shall stipulate the
management of sludge from septic tanks (also known as cesspool), sludge from
urban drainage systems.
3. The Minister of Agriculture and Rural
development shall stipulate the management of sludge dredged from canals and
irrigation works.
4. The Minister of Natural Resources and
Environment shall stipulate the management of mud dredged from the sea, rivers,
lakes and other waters.
5. Provincial
People’s Committees shall stipulate the dredged sludge discharge and treatment
sites.
Article 54. Management of
unhazardous liquid waste products
1. The generators shall be responsible for reuse,
recycling, treatment, co-treatment, energy recovery from unhazardous liquid
waste products meeting environmental standards.
2. Unhazardous liquid waste products treated in
sewage treatment system on spot of the generating facility or industrial zones
shall be managed under the provisions of wastewater management in Chapter V of
this Decree.
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4. The Minister of Natural Resources and Environment
shall stipulate technical requirements, management process on the delimitation,
classification, storage, collection, transportation, reuse, recycling and
treatment of unhazardous liquid waste products.
Chapter VIII
ENVIRONMENTAL PROTECTION
IN DISCARDED MATERIAL IMPORT
Article 55. Entities permitted
to import discarded materials from abroad to Vietnam
1. Organizations and
individuals directly using discarded materials as raw materials for production.
2. Organizations and individuals entrusted to
import by organizations and individuals using imported discarded materials as
raw materials for production.
Article 56. Conditions on
environmental protection in discarded material import
1. Organizations and
individuals directly importing discarded materials as raw material for
production must meet the following conditions:
a) Storage warehouse of imported discarded
materials shall be as follows
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- Have a foundation high level that is not flooded;
the floor in storage area of discarded materials designed to prevent rainwater
runoff from the outside; ensure tight floors with no cracks made from
waterproofing materials which are durable enough to withstand the load of the
highest volumes of waste as calculated.
- Have walls and partitions of incombustible
materials. Be covered from rain and shine for the entire region storing
incombustible discarded materials; Have measures or designs to restrict the
direct inward wind.
- Have fire protection equipment (at least one foam
and sand fire-extinguisher to put
out the fire), exit diagrams, exit guidance signs in consistence with
instructions of the competent agencies on fire protection under provisions of
the legislation on fire protection.
b) Storage area of imported discarded materials
shall be as follows
- Have rainwater collection system; treatment
measures of first phase rainwater flowed over the imported discarded material
area and wastewater generated in the process of storage of discarded materials
meeting national technical regulation on environment.
- Have a foundation high level that is not flooded;
the floors ensuring tightness with no cracks made from waterproofing materials
which are durable enough to withstand the load of the highest volumes of waste
as calculated.
- Have measures to minimize dust generating from
storing areas of discarded materials.
- Have fire protection equipment (at least one foam
and sand fire-extinguisher to put out the fire), in consistence with
instructions of the competent agencies on fire protection under provisions of
the legislation on fire protection.
c) Technology, equipment of recycling, reuse of
discarded materials must meet technical requirements and management process as
prescribed;
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dd) Imported discarded materials must be deposited
under the provisions of this Decree must be paid;
e) There is a written commitment on the re-export
or treatment of discarded materials in case the imported discarded materials do
not meet the requirements of environmental protection.
2. Organizations and individuals entrusted import
must meet the following conditions:
a) Have an import entrustment contract concluded
with organizations and individuals that use imported discarded materials as raw
material for production meeting the provisions of Paragraph 1 of this Article;
b) Deposit discarded materials imported under the
provisions of this Decree;
c) Have a written commitment on the re-export or
treatment of discarded materials in case the imported discarded materials do
not meet the requirements of environmental protection.
d) Must not store the imported discarded materials
in case there is no warehouse meeting the conditions specified in Paragraph 1
of this Article.
3. The Minister of Natural Resources and
Environment shall specify the procedures for certification of meeting
environmental protection in discarded material import as raw material for
production as defined in Paragraphs 1 and 2 of this Article; provide guidance
on the technical requirements and environmental protection for technology,
equipment of treatment of impurities accompanying imported discarded materials
as prescribed in Point d, Clause 1 of this Article.
Article 57. Purposes and
methods of deposit of imported discarded materials
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2. Organizations and
individuals importing discarded materials shall deposit in Vietnam environment
protection funds or commercial banks where organizations and individuals open
the main trading account.
3. Method of deposit:
a) The deposit shall be paid, reimbursed in Vietnam
dong;
b) The deposit shall be entitled to demand interest
rate from the date of deposit.
Article 58. Deposits of
imported discarded materials
1. Organizations and individuals that import
discarded iron and steel must deposit imported discarded materials with an
amount as follows:
a) If the import volume is less than 500 tonnes,
the deposit shall be 10% of the total value of imported discarded material
shipments;
b) If the import volume is from 500 tonnes to less
than 1.000 tonnes, the deposit shall be 15% of the total value of imported
discarded material shipments;
c) If the import volume is 1.000 tonnes or more,
the deposit shall be 20% of the total value of imported discarded material
shipments;
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a) If the import volume is less than 100 tonnes,
the deposit shall be 15% of the total value of imported discarded material
shipments;
b) If the import volume is from 100 tonnes to less
than 500 tonnes, the deposit shall be 18% of the total value of imported
discarded material shipments;
c) If the import volume is 500 tonnes or more, the
deposit shall be 20% of the total value of imported discarded material
shipments;
3. Organizations and individuals importing
discarded materials outside the provisions of Paragraph 1 and Paragraph 2 of
this Article shall deposit for imported discarded materials with the defined
amount of 10% of the total value of imported discarded material shipments.
Article 59. Depositing process
of imported discarded materials
1. Organizations and
individuals importing discarded materials must deposit prior to customs
clearance procedures for imported discarded materials at least 15 working days.
2. After receiving the deposit, Vietnam environment
protection Funds or commercial banks shall certify the depositing of
organizations and individuals importing discarded materials. Authenticated
copies of certificates of deposit must be submitted together with the customs
clearance documents for imported discarded materials.
Article 60. Management and use
of deposits of imported discarded materials
1. Vietnam environment protection funds or
commercial banks where organizations and individual deposit imported discarded
materials shall responsible for blockade of deposited amount.
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3. In case imported discarded materials are not
granted customs clearance or cannot be re-exported, the deposited amount shall
be used to pay the cost of violated discarded material treatment. If the
deposited amount for discarded material import is insufficient to pay all of
the costs for violated imported discarded material treatment, the organizations
or individuals importing discarded materials shall have to pay these expenses.
4. If the deposited amount is left after payment
for violated imported discarded material treatment, within 05 working days
after receiving the written opinion of the provincial People’s Committees where
the handling of violations of the fulfillment of waste treatment is carried
out, Vietnam environment protection funds or commercial banks shall repay the
remaining deposited amount to organizations and individuals importing discarded
materials.
5. The Minister of Natural Resources and
Environment shall take charge and cooperate with the Minister of Finance to
stipulate the procedures and use of the deposited amount for discarded material
import for handling of imported discarded materials that cannot be re-exported.
Article 61. Responsibilities
of the Minister of Natural Resources and Environment
1. Take charge and cooperate with relevant agencies
to guide, inspect the importation of discarded materials as raw materials for
production in accordance with the provisions of the Law on Environmental
Protection.
2. Request the Prime Minister for consideration and
decision on trial import of discarded materials and adjustment, supplement the
list of discarded materials that are allowed to import from abroad as raw
material for production.
Article 62. Responsibilities
of provincial People’s Committees
1. Provincial People’s
Committees where the production facilities of organizations or individuals are
located shall provide guidelines on periodic inspection of environmental
protection activities of organizations and individuals importing discarded
materials and report to the Ministry of Natural Resources and Environment on
the import and use of discarded materials and environmental issues related to
imported discarded materials before March 31 of following year.
2. provincial
People’s Committees at the place of violation shall have following
responsibilities:
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b) Take charge and cooperate with the provincial
People’s Committees where the production facilities of the organizations or
individuals are located to handle violations for imported discarded material
shipments.
Article
63. Responsibilities of organizations and individuals importing, using
discarded materials
1. Comply with regulations on environmental
protection in discarded materials imports.
2. Pay fully for costs of imported discarded
material treatment in case the deposited amount is not enough to treat imported
discarded material violating the regulations on environmental protection.
3. Report on the import and use of discarded materials
in the year and submit to the Service of Natural Resources and Environment
annually before January 15 of the following year.
Chapter IX
IMPLEMENTING PROVISIONS
Article 64. Transitional
provisions
1. Organizations and individuals granted the
Register of hazardous waste generators as prescribed before this Decree takes
effect may continue to use it.
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3. The applications received by competent State
agencies for settlement under administrative procedures on waste and discarded
material management before this Decree takes effect shall be settled according
to the law at the receipt time.
4. Where daily-life solid waste treatment
facilities (unless cases specified in Point b, Clause 12 of Article 21 of this
Decree) have been approved the report on environmental impact assessment before
this Decree takes effect but have not been inspected, certified completion of
environmental protection works, it shall be replaced by the certification
meeting environmental protection requirements. Where facilities have been
inspected, certified completion of environmental protection works and demand
for confirmation meeting environmental protection requirements for daily-life
solid waste treatment facilities, the facilities shall submit an application as
prescribed.
5. Where ordinary industrial solid waste treatment
facilities have been approved the report on environmental impact assessment
before this Decree takes effect but have not been inspected, certified
completion of environmental protection works, it shall be replaced by the
certification meeting environmental protection requirements. Where facilities
have been inspected, certified completion of environmental protection works and
demand for confirmation meeting environmental protection requirements for
ordinary industrial solid waste treatment facilities, the facilities shall
submit an application as prescribed.
6. Organizations and individuals granted
Certificate for discarded material import before this Decree takes effect,
shall be allowed to continue to import discarded material until the expiry of
validity of the Certificate for discarded material import.
Article 65. Responsibility for
guidance and implementation
1. The Ministry of Natural Resources and
Environment within their functions, tasks, powers shall provide guidance and
implement this Decree.
2. Ministers, Heads of ministerial-level agencies,
Heads of Governmental agencies, the Presidents of People’s Committees of
central-affiliated cities and provinces shall be responsible for implementation
of this Decree; annually reporting on the situation arises and waste management
within their assigned competence (reporting period is from January 01 to
December 31 each year) to the Ministry of Natural Resources and Environment for
summary and monitoring before March 31 of the following year.
Article 66. Effect
1. This Decree shall take effect from June 15,
2015.
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FOR. THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
APPENDIX
LIST OF EMISSION SOURCES WITH GREAT FLOW
(enclosed herewith the
Government’s Decree No. 38/2015/NĐ-CP dated April 24, 2015)
No.
Types
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1
Steel Production
Output of more than 200,000 tonnes / year
2
Thermoelectric
All, except for thermo-electric plants using
natural gas fuel
3
Cement
All
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Chemicals and chemical fertilizers
Output of more than 10,000 tonnes / year
5
Petroleum production industry
Output of more than 10,000 tonnes / year
6
Industrial boiler
Output of more than 20 tonnes / hour