MINISTRY OF
NATURAL RESOURCES AND ENVIRONMENT
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|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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|
No.
02/2022/TT-BTNMT
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Hanoi, January
10, 2022
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CIRCULAR
DETAILING
A NUMBER OF ARTICLES OF LAW ON ENVIRONMENTAL PROTECTION
Pursuant to the Law on Environmental Protection
dated November 17, 2020;
Pursuant to the Government's Decree No.
36/2017/NĐ-CP dated April 04, 2017 defining the functions, tasks, entitlements
and organizational structure of the Ministry of Natural Resources and
Environment
Pursuant to the Government’s Decree No.
08/2022/ND-CP dated October 01, 2022 on elaboration of the Law on Environmental
Protection;
Pursuant to the Government’s Decree No.
47/2020/ND-CP dated April 09, 2020 on management, connection and sharing of
digital data of regulatory agencies
At requests of the Director General of Vietnam
Environment Administration and Director General of Legal Affairs
The Minister of Natural Resources and
Environment promulgates Circular detailing a number of articles of Law on
Environmental Protection
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GENERAL PROVISIONS
Article 1. Scope
This Circular details a
number of articles of Law on Environmental Protection and the Government’s
Decree No. 08/2022/ND-CP dated January 10, 2022 detailing a number of articles
of Law on Environmental Protection (hereinafter referred to as “Decree No.
08/2022/ND-CP”).
1. This Circular details
Point a Clause 2 and Point b Clause 3 Article 8; Clause 7 Article 10; Point a,
Clause 1, Article 19; Clause 2 Article 24; Clause 3 Article 27; Clause 2
Article 32; Clause 11 Article 34; Clause 5 Article 40; Clause 9 Article 49;
Clause 4 Article 62; Clause 8 Article 67; Clause 6 Article 72; Clause 2,
Article 76; Clause 5, Article 78; Clause 5, Article 79; Clause 4, Article 80;
Clause 4, Article 81; Clause 5, Article 83; Clause 4, Article 84; Clause 6
Article 86; Point b, Clause 1, Article 115; Point b, Clause 2, Article 115;
Clause 5, Article 118; Clause 5 Article 119; Clause 5, Article 120; Clause 7
Article 126 and Clause 6 Article 148 of the Law on Environmental Protection.
2. This Circular details
Point d Clause 2 Article 15; Point d Clause 2 Article 16; Clause 5 Article 17;
Clause 3 Article 18; Clause 7 Article 19; Clause 2 Article 21; Point a Clause 6
and Point a Clause 8 Article 21; Point b, Clause 3, Article 26; Point e, Clause
3, Article 28; Point dd, Clause 5, Article 28; Clause 11 Article 29; Clause 10,
Article 30; Point b, Clause 7, Article 31; Clause 12 Article 31; Clause 9
Article 36; Point a, Clause 3, Article 37; Clause 5 Article 40; Clause 10,
Article 45; Point b, Clause 2, Point b, Clause 3, Article 54; Point dd Clause 2
Article 58; Points a and c, Clause 4, Article 65; Clauses 1 and 3, Article 66;
Clauses 2 and 3, Article 67; Clause 2 Article 69; Clause 4, Article 71; Point
c, Clause 2, Article 76; Clause 1 Article 80; Point a, Clause 3, Article 81;
Clause 2 Article 82; Clause 1, Article 84; Clause 1 Article 85; Clause 5,
Article 93; Clause 6 Article 94; Clause 6, Clause 8, Article 96; Point d Clause
4, Point a Clause 6 and Point c Clause 7 Article 97; point c clause 5, point a
clause 7 and point c clause 8 Article 98; Clause 4, Article 104; Clause 6
Article 105; Clause 1, Article 107; Point a, Clause 2, Article 111; Clause 4,
Article 125; Clause 7 Article 127; Clause 1, Article 145; Clause 6, Article 147
and Point dd, Clause 5, Article 163 of Decree No. 08/2022/ND-CP.
3. This Circular details
a number of articles, clauses and points specified in Clauses 1 and 2 of this
Article, including: the contents, orders of implementation, forms, documents,
decisions and reports regarding water, soil and natural heritage protection;
environmental protection contents in provincial planning, strategic
environmental assessment, environmental impact assessment (hereinafter referred
to as “EIA), environmental license and environmental registration; domestic
solid waste, ordinary industrial solid waste and hazardous waste management;
on-site wastewater and specific waste management; assessment of conformity with
environmental technical regulations on imported scraps that are used to make
production materials; persistent pollutant management; management of raw
materials, fuels, products, goods and equipment containing persistent pollutants;
environmental monitoring, environmental information, database and environmental
report; state of the environment report; environmental remediation after
environmental incidents; payments for natural ecosystem services; assessment of
products and services that meet Vietnam ecolabel criteria; responsibility for
products, packaging recycling and waste treatment of manufacturers, importers;
inspection of the observance of the Law on Environmental Protection,
statistics, monitoring and announcement about resources for the purpose of
environmental protection.
Article
2. Regulated entities:
This Circular applies to
agencies, organizations, communities, households and individuals that have
activities regarding the contents specified in Article 1 of this Circular in
the territory of the Socialist Republic of Vietnam, (including the territorial
land, islands, sea, underground and airspace).
Article
3. Definitions
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1. A waste source owner is
an organization or individual that owns or is assigned to manage and operate a
waste-generating establishment.
2. An owner of waste
treatment is an organization or individual that owns or is assigned to manage
and operate a waste treatment facility or a landfill.
3. Waste aggregation site
is a place where domestic solid waste is transferred from the means of
transport of domestic solid waste collection at the waste source, public areas,
street cleaning for the purpose of transfer of domestic solid waste to motor
vehicles with large loads.
4. Bulky solid waste is a
large-sized discarded household item, including cabinet, bed, mattress, table,
chair or other similar items; stump, trunk and branch.
5. Concentrated waste
treatment zone is an area that is planned for concentrated treatment of one or
more types of waste, including domestic solid waste, ordinary industrial solid
waste, hazardous waste and other types of solid waste, except for the
co-treatment of waste and the treatment of medical waste according to the
cluster model. The concentrated waste treatment area shall include one or more
waste treatment facilities or landfills.
6. High biodiversity area
is a natural area with important or outstanding biological value of province,
region, country or international area that is subject to appropriate management
for the purpose of sustainable maintenance, development and in situ in order to
enhance the existing values and meet the criteria specified at point b, clause
2, Article 20 of the Law on Environmental Protection.
7. Important ecological
landscape is an area that is formed from the interaction between natural and
man-made factors with a specific or representative natural ecosystem of the
local, national and international area, meets the criteria specified at Points
a and d, Clause 2, Article 20 of the Law on Environmental Protection.
8. Important natural
landscape is an natural area that meets the criteria specified at Point a,
Clause 2, Article 20 of the Law on Environmental Protection.
Chapter
II
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Section
1. WATER PROTECTION
Article
4. Assessment of carrying capacity of surface water environment
1. The assessment of the
carrying capacity of surface water environment of rivers and lakes shall comply
with regulations of Circular No. 76/2017/TT-BTNMT dated December 29, 2017 of
the Minister of Natural Resources and Environment on assessment of the capacity
for wastewater receiving and carrying capacity of water sources of rivers and
lakes (hereinafter referred to as “Circular No. 76/2017/TT-BTNMT”) and Article
82 of this Circular.
2. The carrying capacity
of the surface water environment is the capacity for receiving wastewater and
carrying of water sources of rivers and lakes according to regulations of Circular
No. 76/2017/TT-BTNMT.
Article
5. Groundwater protection
1. The groundwater
protection in the process of survey and extraction shall be comply with
regulations of Circular No. 75/2017/TT-BTNMT dated December 29, 2017 of the
Minister of Natural Resources and Environment on groundwater protection in
drilling, digging, surveying and extracting groundwater.
2. The monitoring and
supervision of groundwater quality in the extraction process shall comply with
regulations of Article 13 of the Circular No. 17/2021/TT-BTNMT dated October
14, 2021 of the Minister of Natural Resources and Environment on supervision of
extraction and use of water resources.
3. The agencies,
organizations, community, households and individuals that pollute the
groundwater environment shall be responsible for the implementation of measures
for management, treatment of wastewater, solid waste and other environmental
protection measures for preventing pollutants from dispersing into the
groundwater environment according to regulations on management and treatment of
wastewater, solid waste and relevant laws.
Section
2. SOIL PROTECTION
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1. The soil pollution area
shall be classified according to criteria of source of residual contamination,
possibility of spread of residual contamination and affected subjects.
2. The pollution level
identification shall be subject to the total score for assessment of the criteria
specified in Clause 3 of this Article.
3. The criteria for
identification of pollution level of a soil pollution area and calculation of
the score for the assessment of the criteria of the a soil pollution area
shall comply with regulations of Form No. 01, Appendix I issued together with
this Circular.
4. The soil environmental
pollution area shall be classified according to one of the following three
levels:
a) Pollution level: The
total score for assessment of the criteria specified in Clause 3 of this
Article shall be less than 40 points
b) Serious pollution
level: The total score for assessment of the criteria specified in Clause 3 of
this Article shall be from 40 points to 75 points.
c) Extremely serious
pollution level: The total score for assessment of the criteria specified in
Clause 3 of this Article shall be more than 76 points.
Article
7. Investigation and preliminary assessment of the quality of the soil
environment; detailed investigation and assessment of soil pollution area
1. The agencies,
organizations, community, households and individuals that use land of the areas
specified in Clause 1, Article 12 of Decree No. 08/2022/ND-CP shall be
responsible for making of reports on investigation and preliminary assessment
of the quality of the soil environment; detailed investigation and assessment
of soil environmental pollution areas, measures for treatment, improvement and
remediation of the soil environment according to regulations of Forms No. 02,
Form No. 03 and Forms No. 05 Appendix I issued together with this Circular.
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Section
3. NATURAL HERITAGE PROTECTION
Article
8. Written request form for appraisal, report on establishment project and
investigation and assessment of natural heritage
1. A written request for
appraisal of project on establishment of another natural heritage specified in
Point c, Clause 1, Article 20 of the Law on Environmental Protection shall be comply
with regulations of Form No. 06, Appendix I issued together with this Circular.
2. A report of project on
establishment of another natural heritage specified in Point c, Clause 1,
Article 20 of the Law on Environmental Protection shall comply with regulations
of Form No. 07, Appendix I issued together with this Circular.
3. The report on result
of survey and assessment of natural heritage shall be comply with regulations
of Form No. 08, Appendix II issued with this Circular.
Article
9. Development and approval for regulations and plans for environmental
management and protection of natural heritage
1. Development and
approval for regulations and plans for management and protection of natural
heritage environmental (hereinafter referred to as “regulations” and “plans”)
shall be carried out as follows:
a) The agency that is
assigned to manage the natural heritage shall be responsible for the
development of draft of regulations and plans according to the form specified
in Clauses 2 and 3 of this Article and opinion collection from relevant
agencies and organizations;
b) The agency that is
assigned to manage the natural heritage shall study, absorb and explain
comments and suggestions, complete the draft of regulations, plans and submit
them to the People's Committee of province for consideration and promulgation.
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c) In case, the natural
heritage is located in at least 02 provinces or the sea area without
administrative management responsibility of the People's Committee of province,
the draft of regulations and the plans shall be sent to the People's Committee
of the province with the boundary of the area of the natural heritage, relevant
ministries and ministerial authorities for the purpose of opinion collection; completed
and submitted to the Ministry of Natural Resources and Environment for
appraisal and approval;
d) The natural heritage
that was managed according to regulations, plans and measures before the
effective date of this Circular shall comply with regulations of Point a,
Clause 6, Article 21 of Decree No. 08/2022/ND- CP. The management regulations,
plans and measures shall be submitted to competent authorities for approval
within 06 months.
2. The contents of
regulations on management and protection of natural heritage shall comply with
regulations of Form No. 09, Appendix I issued together with this Circular.
3. The contents of the plans for management and protection of
the natural heritage shall comply with regulations of Form No. 10, Appendix I
issued together with this Circular. The duration of the plans for the natural
heritage protection and management shall be 5 years.
4. The agency that is
assigned to manage the natural heritage shall be responsible for implementing
regulations and plans after those are approved by competent authorities;
annually reporting the regulations and plans on the results of the
implementation of the regulations and plans in the report on the management of
natural heritage to the agency competent for approval; updating the implementation
results on the national biodiversity database.
Chapter
III
CONTENTS OF
ENVIRONMENTAL PROTECTION IN PROVINCIAL PLANNING, STRATEGIC ENVIRONMENTAL
ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT (EIA), ENVIRONMENTAL LICENSE AND
ENVIRONMENTAL REGISTRATION
Section
1. CONTENTS OF ENVIRONMENTAL PROTECTION IN PROVINCIAL PLANNING AND STRATEGIC
ENVIRONMENTAL ASSESSMENT
Article
10. Contents of environmental protection in provincial planning
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1. Local environment
analysis and assessment:
a) Environmental zoning,
including: strictly protected zone, low-emission zone and other zones;
b) Nature conservation
and biodiversity, including: high biodiversity area, important wetland,
important ecological landscape area, important natural landscape, biodiversity
corridor, nature reserve and biodiversity conservation establishment;
c) Concentrated waste
treatment area;
d) Network of monitoring
and warning about soil, water and air environment.
2. Viewpoints, goals,
tasks and measures for environmental protection in association with the
organization and arrangement of the development space of the province in the
planning time.
3. The plan for
environmental zoning (including strictly protected zone, low-emission zone and other
zones) according to regulations of Point b, Clause 9, Article 28 of the
Government’s Decree No. 37/2019/ND-CP dated May 7, 2019 on elaboration of the
Law on Planning (hereinafter referred to as “Decree No. 37/2019/ND-CP”) and
Clauses 2, 3 and 4, Article 22 of Decree No. 08/ 2022/ND-CP.
4. The plan for nature
conservation and biodiversity (including high biodiversity area, important
wetland, important ecological landscape area, important natural landscape,
biodiversity corridor, nature reserve and biodiversity conservation
establishment) according to regulations of point b, Clause 3, Article 25 and
Point c, Clause 9, Article 29 of Decree No. 37/2019/ND-CP;
5. The plan for
development of concentrated waste treatment zones according to regulations of
Point d Clause 9 Article 28 of Decree No. 37/2019/ND-CP.
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Section
11. Contents of strategic environmental assessment
1. The contents of strategic environmental assessment of the
strategy shall be comply with regulations of Clause 1, Article 27 of the Law on
Environmental Protection. The contents shall be detailed in Form No. 01a,
Appendix II attached to this Circular.
2. The contents of strategic environmental assessment report
of the planning shall comply with regulations of Clause 2, Article 27 of the
Law on Environmental Protection. The result of the strategic environmental
assessment of the planning shall be made into a report according to the
regulations of Form No. 01b, Appendix II issued together with this Circular.
Section
2. ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
Article
12. Contents of an environmental impact assessment report (EIAR) and the
minutes of survey meeting about EIA
2. The minutes of the survey meeting with the subjects
specified at Point a, Clause 1, Article 26 of Decree No. 08/2022/ND-CP shall
comply with regulations of Form No. 04a, Appendix II issued together with this
Circular.
Article
13. Organization and operation of the EIAR appraisal council and council for
appraisal of measures for environmental improvement and remediation in mineral
mining
1. The EIAR appraisal
council of and council for appraisal of measures for environmental improvement
and remediation in mineral mining (in this Article hereinafter referred to as
“the appraisal council”) shall be responsible for advising the head of the
appraisal agency; responsible to the appraisal agency and the law for appraisal
results.
2. The appraisal council
shall work on the principle of public discussion with the council members, the
owner of the project or establishment in the form of official meeting or
thematic meeting according to the Chair's decision, if necessary.
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a) There must be at least
2/3 (two thirds) of total council members attending the meeting (online or
offline). In particular, there must be an chairperson or authorized
vice-chairperson (s) (hereinafter referred to as “the chair”), a secretary and
at least 01 reviewer;
b) There must be the
competent representative of the owner of the project or establishment;
c) The fee for appraisal
of the EIAR and measures for environmental improvement and remediation has been
paid in accordance with law.
4. The council members
attending the official meeting of the appraisal council shall be responsible
for writing the appraisal sheets. A council member who is absent in offcial
meeting may send written comments before the meeting of the council. His/her
comment shall be considered as the comment of a member who attends the meeting
but he/she does not write an appraisal sheet.
5. The delegates who
attends the meeting of the appraisal council shall be appointed, if necessary,
by the appraisal agency The delegates shall be entitled to express their opinions
in the meeting under the direction of the chair of the meeting and receive
remuneration in accordance with law.
6. The chairperson,
vice-chairperson (s) (if any) and the secretary of the appraisal council shall
be officials of the appraisal agency, except for the cases specified in Clause
8, Article 34 of the Law on Environmental Protection. The chairperson (or the
vice-chairperson who is authorized by the chairperson in his/her absence) and
the secretary shall be responsible for signing the minutes of the council
meeting.
7. The council members
shall be responsible to the appraisal agency and law for their comments and
assessments of the EIAR, measures for environmental improvement and remediation
and tasks that are assigned by the chair in the appraisal process. The council
members shall be entitled to receive meeting documents at least 03 days before
the meeting and remuneration according to the regulations of the law.
8. The appraisal result
of the appraisal council shall be prescribed as follows:
a) Approval without
revisions: All appraisal sheets of council members shall be approved without
revisions
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c) Approval with
revisions: other cases that are not specified in Points a, b of this Clause.
Article
14. Disclosure of the list of members of the EIAR appraisal council
The EIAR appraisal agency
shall be responsible for disclosing the list of council members and the
decision on approval for the EIAR appraisal result of investment project on its
Web Portal, except for investment projects that are state secrets.
Article
15. Forms, documents and dossiers on EIAR appraisal; decisions on approval for
EIAR appraisal result
1. Written request for EIAR appraisal according to regulations
of Form No. 02, Appendix II issued with this Circular.
2. Decision on the establishment of the EIAR appraisal council
according to the regulations of Form No. 03, Appendix II issued with this
Circular.
3. Site survey record of the area where the project is located
(if any) according to regulations of in Form No. 05, Appendix II issued with
this Circular.
4. Written comments on EIAR of council members according to
regulations of Form No. 06, Appendix II issued with this Circular.
5. Appraisal sheets of the EIAR of council members according
to the regulations of Form No. 07 of Appendix II issued together with this
Circular.
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7. Written notification of the EIAR appraisal result according
to regulations of Form No. 09, Appendix II issued with this Circular.
8. Decision on approval for the EIAR appraisal result
according to regulations of Form No. 10, Appendix II issued with this Circular.
Article
16. Time limit for commenting serving approval for report on the EIAR appraisal
result applied to investment project discharging wastewater into irrigation project
Within 5 working days
from the date of receipt of the written opinion from the appraisal agency of
report on environmental impact assessment, the supervisory authority of the
irrigation project shall be responsible for making written opinion on approval
for appraisal result. If the time of opinion collection is over without a
written reply, it is considered as consensus The questionnaires and written
responses shall comply with regulations of Forms No. 04b and 04c, Appendix II
issued together with this Circular.
Article
17. Forms, documents and dossiers on appraisal, decisions on approval for the
appraisal results of measures and technical guidelines for on environmental
improvement and remediation
1. The forms, documents on
appraisal and approval for the appraisal results of measures for environmental
improvement and remediation applied to subjects specified in Points b, c,
Clause 2, Article 67 of Law on Environmental Protection shall contain:
a) Contents of measures
for environmental improvement and remediation according to regulations of Form
No. 11 of Appendix II issued together with this Circular;
b) Written request for
appraisal of measures for environmental improvement and remediation according
to regulations of Form No. 12, Appendix II issued with this Circular;
c) Decision on the
establishment of appraisal council for measures for environmental improvement
and remediation according to regulations of Form No. 13, Appendix II issued
with this Circular.
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dd) Written notification
of the appraisal results of measures for environmental improvement and
remediation according to regulations of Form No. 17, Appendix II issued with
this Circular;
e) Decision on approval
for the appraisal results of measures for environmental improvement and
remediation according to regulations of Form No. 18, Appendix II issued with
this Circular
g) Certificate of deposit
on environmental improvement and remediation according to regulations of Form
No. 19, Appendix II issued with this Circular.
2. The environmental improvement and remediation shall be
carried out according to the following technical guidelines:
a) The guidelines for
contents of environmental improvement and remediation in mineral mining
according to regulations of Form No. 20, Appendix II issued together with this
Circular;
b) The measures for cost
calculation and estimate for environmental improvement and remediation in
mineral mining according to regulations of Form No. 21, Appendix II issued
together with this Circular.
Section
3. ENVIRONMENTAL LICENSE AND ENVIRONMENTAL REGISTRATION
Article
18. Working principles and responsibilities of the appraisal council and
inspectorate for granting environmental license
1. The appraisal council
granting environmental license shall be responsible for advising the licensing
agency in the process of granting or re-granting an environmental license to an
investment project; responsible to the environmental licensing agency and the
law for appraisal results.
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3. The appraisal council
and inspectorate shall work on the principle of public discussion.
4. An official meeting of
the appraisal council or the deployment of an inspectorate shall only be
conducted if the following conditions are fully satisfied:
a) There must be at least
2/3 (two thirds) of total council members attending the meeting (online or
offline). In particular, there must be an authorized chairperson or
vice-chairperson (s), an authorized leader or deputy leader (s) (hereinafter
referred to as “the chair”) and a secretary;
b) There must be at least
2/3 (two thirds) of total members of inspectorate attending the meeting
(offline). In particular, there must be an chief or authorized deputy chief
(s), an leader or authorized deputy leader (s) and a secretary;
c) There must be the
competent or authorized representative of the owner of the project or
establishment;
5. A council member who
is absent in official meeting may send written comments before the meeting of
the council. His/her comments shall be considered as the comment of a member
who attends the meeting but does not write an appraisal sheet.
6. The delegates who
attends the meeting of the appraisal council shall be appointed, if necessary,
by the environmental licensing agency The delegates shall be entitled to
express their opinions in the meeting under the direction of the chair and
receive remuneration in accordance with law.
7. The chairperson or
vice-chairperson of the appraisal council, the leader or deputy leader of the
appraisal team, the chief or deputy chief of the inspectorate, the leader or
deputy leader of the inspectorate, the secretary of the appraisal council and
inspectorate shall be officials of the environmental licensing agency.
8. The chairperson (or
the vice-chairperson who is authorized by the chairperson in his absence), the
chief (or deputy chief who is authorized by the chief in his absence), the
leader (or deputy leader who is authorized by the leader in his absence) shall
be responsible to the environmental licensing agency and the law for the
appraisal contents and results; signing the minutes of meeting of the appraisal
council and inspection records in accordance with law.
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10. The results of
granting the environmental license of the appraisal council shall be prescribed
as follows:
a) Approval without
revisions: All appraisal sheets of members attending the offline meeting shall
be approved without revisions;
b) No approval: At least
1/3 (one third) of appraisal sheets of members shall be not approved
c) Approval with
revisions: other cases that are not specified in Points a, b of this Clause.
Article
19. Forms, documents on granting environmental license, revoking environmental
license and actually inspecting the process of trial operation of waste
treatment works
1. Decision on the establishment of appraisal council for the
purpose of granting an environmental license to an investment project according
to regulations of Form No. 22, Appendix II issued together with this Circular
that shall be applied to the cases subject to the establishment of appraisal
council according to regulations of point c, clause 4, Article 29 of Decree No.
08/2022/ND-CP.
2. Decision on the establishment of appraisal team for
granting an environmental license to an investment project according to
regulations of Form No. 23, Appendix II issued together with this Circular that
shall be applied to the cases subject to the establishment of appraisal team
according to regulations of point c, clauses 4 and 9, Article 29 of Decree No.
08/2022/ND-CP.
3. Decision on the establishment of inspectorate for granting,
adjusting and re-grating environmental licenses to investment project or
establishment according to the regulations of Form No. 24, Appendix II issued
together with this Circular that shall be applied to the following cases:
a) The cases subject to
the establishment of an inspectorate for granting environmental license
according to regulations of Point c, Clause 4, Article 29 of Decree No.
08/2022/ND-CP;
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c) The cases subject to
the establishment of an inspectorate according to regulations of Clause 3,
Article 30 of Decree No. 08/2022/ND-CP;
4. Decision on the establishment of inspection team for
granting and re-grating an environmental license of a establishment operating
under the licensing competence of People's Committee of District according to
regulations of Form No. 25, Appendix issued together with this Circular.
5. Written notification of site survey plan for granting an
environmental license to an investment project that is not subject to
environmental impact assessment according to Form No. 26, Appendix II issued
together with this Circular.
6. Site survey record of the area where the project is located
that is not subject to environmental impact assessment (if any) according to
regulations of Form No. 27, Appendix II issued with this Circular.
7. The minutes of meeting of the appraisal council for the purpose
of granting an environmental license to an investment project according to
regulations of Form No. 28, Appendix II issued with this Circular.
8. Inspection records of granting and re-granting
environmental licenses to the investment project or establishment according to
regulations of Form No. 29, Appendix II issued with this Circular.
9. Written comments of members of the appraisal council and
the appraisal team on granting environmental license to the investment project according
to regulations of Form No. 30, Appendix II issued with this Circular.
10. Appraisal sheets of members of the appraisal council or the
appraisal team for granting environmental license to the investment project
according to the regulations of Form No. 31, Appendix II issued together with
this Circular.
11. Written comments of members of inspectorate, inspection
team on granting and re-granting environmental licenses to the investment
project or establishment according to regulations of Form No. 32, Appendix II
issued with this Circular.
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13. Report of inspectorate on inspection result of granting and
adjusting environmental license to investment project specified in Clause 3,
Article 30 of Decree No. 08/2022/ND-CP according to regulations of Form No. 34,
Appendix II issued together with this Circular.
14. Written notification of the environmental licensing agency
on the adjustment of type and weight of hazardous waste subject to treatment or
weight of scrap subject to import to make production materials specified in
Clause 3, Article 30 of Decree No. Decision No. 08/2022/ND-CP according to
regulations of Form No. 35, Appendix II issued together with this Circular.
15. Written opinion survey of the supervisory authority
irrigation project in the process of granting or re-granting environmental licenses
to investment project or establishment according to the regulations of Form No.
36, Appendix II issued together with this Circular.
16. Written opinion survey of an agency, organization or expert
in the process of granting, adjusting and re-granting environmental licenses
according to the regulations of Form No. 37, Appendix II issued together with
this Circular.
17. Written reply of the supervisory authority irrigation
project according to the regulations of Form No. 38, Appendix II issued
together with this Circular.
18. Written reply of an agency, organization or expert subject
to survey in the process of granting, adjusting and re-granting environmental
licenses according to the regulations of Form No. 39, Appendix II issued
together with this Circular.
19. g) Environmental license according to regulations of Form
No. 40, Appendix II issued with this Circular.
20. Environmental license subject to adjustment according to
regulations of Form No. 41, Appendix II issued with this Circular.
21. Decision on revoking environmental license subject to
adjustment according to regulations of Form No. 42, Appendix II issued with
this Circular.
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23. Decision on appointment for officials to actually inspect
the waste treatment work of the investment project or establishment in the
process of trial operation applied to cases that are not specified in Clause 4,
Article 46 of the Law on Environmental Protection according to regulations of
Form No. 44, Appendix II issued together with this Circular.
24. Record of inspection and supervision of trial operation of
waste treatment work of an official according to regulations of Form No. 45,
Appendix II issued together with this Circular.
25. Record of inspection trial operation of waste treatment
work of the investment project or establishment that use scrap as production
materials or hazardous waste treatment services according to regulations of
Form No. 46, Appendix II issued together with this Circular.
Article
20. Additional waste monitoring applied to operating establishment in case of
request for granting an environmental license
1. The additional waste
monitoring specified at Point e, Clause 3, Article 28 of Decree No.
08/2022/ND-CP shall be carried out as follows: Take a single sample
(wastewater) in 5 consecutive days and cluster sample (exhaust gas) in 2
consecutive days for the purpose of assessment of the treatment efficiency of
the exhaust gas, wastewater treatment work and equipment (if any).
2. The additional waste
monitoring specified at Point dd, Clause 5, Article 28 of Decree No.
08/2022/ND-CP shall be carried out as follows: Take a single sample
(wastewater) and cluster sample (exhaust gas) for the purpose of assessment of
the treatment efficiency of the exhaust gas, wastewater treatment work and
equipment (if any)
Article
21. Waste monitoring in the process of trial operation of waste treatment work
of project or establishment.
1. Monitoring for
wastewater treatment work: The collection of wastewater sample for the purpose
of measurement, analysis and assessment of the suitability of wastewater
treatment work shall be suitable for TCVN 5999:1995 (ISO 5667-10: 1992) on
water quality - sampling and guidelines for wastewater sampling. The cluster
sample and frequency shall be specified as follows:
a) Cluster sample shall
include 03 single samples that are taken at 03 different times of the day
(morning, noon - afternoon, afternoon - evening) or at 03 different times
(beginning, middle, end) of the shift and mixed together;
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If necessary, the project
owner shall measure, take and analyze some more samples of the wastewater after
treatment of the waste treatment work in this duration for the purpose of
assessment according to the technical regulations on waste and have better
measures for adjustment, improvement and amendment to wastewater treatment
work;
c) The efficiency
assessment time in the stable operation duration of the wastewater treatment
work shall be at least 07 consecutive days after the adjustment duration
specified at Point b of this Clause. In force majeure case that the
measurement, collection and analysis of samples cannot be carried out
consecutively, they shall be carried out on the next day. The waterwaste
monitoring frequency shall be at least once per day (measurement, taking and
analysis of single samples for 01 input wastewater sample and at least 07
output wastewater samples in 07 consecutive days of waterwaste treatment work).
The monitoring indices shall be subject to environmental license.
2. Monitoring for dust
and exhaust gas treatment work and equipment: Measurement and taking sample of
dust and exhaust gas for the purpose of analysis and assessment of the
efficiency of each waste treatment work and equipment in the waste monitoring
plan shall be specified as follows:
a) The cluster sample
shall be identified in one of the following two cases:
A cluster sample shall be
taken according to the continuous sampling method (isokinetic and other methods
according to regulations on environmental monitoring technology) to measure and
analyze indices according to regulations or an average value of 03 measurement
results of the field rapid measuring equipment (digital measuring equipment) in
accordance with law at different 03 times in a day (morning, noon - afternoon,
afternoon - evening) or at 03 different times (beginning, middle, end) of the
production shift;
b) The assessment time of
the efficiency adjustment duration of each dust, exhaust gas treatment work and
equipment shall be at least 75 days from the date of the beginning of the trial
operation. The dust and exhaust gas monitoring frequency shall be at least once
every two weeks (measurement, taking and analysis of input (if any) and output
cluster sample. The monitoring indices shall be subject to environmental
license.
c) The efficiency
assessment time in the stable operation duration of the dust, exhaust gas
treatment work and equipment shall be at least 07 consecutive days after the
adjustment duration specified at Point b of this Clause. In force majeure case
that the measurement, collection and analysis of samples cannot be carried out
consecutively, they shall be carried out on the next day. The dust and exhaust
gas monitoring frequency shall be at least once per day (measurement, taking
and analysis of single samples or samples taken by continuous sampling
equipment before discharging into the environment of dust, exhaust gas
treatment work and equipment). The monitoring indices shall be subject to environmental
license.
3. The monitoring,
identification and classification of solid waste (including sludge) that are
hazardous waste or ordinary industrial solid waste shall comply with
regulations of the Law on hazardous waste management.
4. The investment project
or establishment specified in Column 3, Appendix 2 issued together with Decree
No. 08/2022/ND-CP shall have waste monitoring according to regulations of
Clauses 1, 2 and 3 of this Article.
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6. The wastewater or
exhaust gas monitoring in case of re-operation of the wastewater and exhaust
gas treatment work specified at Point c, Clause 7, Article 97 or Point c,
Clause 8, Article 98 of Decree No. 08/2022/ND-CP shall be carried out as
follows:
a) The establishment
specified Column 3, Appendix 2 issued together with Decree No. 08/2022/ND-CP
shall carry out waste monitoring according to regulations of Point c, Clause 1
or Point c, Clause 2 of this Article;
b) The establishment that
is not specified in Column 3, Appendix 2 issued together with Decree No.
08/2022/ND-CP shall carry out waste monitoring according to regulations of
Clause 5 of this Article;
Section
22. Application and procedures for environmental registration
1. Application for
environmental registration shall contain:
a) Environmental registration
document of the owner of the investment project or establishment according to
regulations of Form No. 47, Appendix II issued with this Circular;
b) A copy of the decision
on approval for the EIAR appraisal result of the investment project or establishment
(if any).
2. The owner of the
investment project or establishment shall send the application for
environmental registration electronically, by post or in person to the People's
Committee of the Commune where the investment project or establishment is
located according to regulations of Clause 3, Article 49 of the Law on
Environmental Protection.
Article
23. Receipt of environmental registration
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2. The People's Committee
of the commune shall update data on environmental registration on the national
environmental information and database system.
Chapter
IV
WASTE,
IMPORTED SCRAP MANAGEMENT AND POLLUTANT CONTROL
Section
1. GENERAL PROVISIONS FOR WASTE MANAGEMENT
Article
24. List of hazardous wastes, industrial wastes subject to control and ordinary
industrial solid wastes
1. The list of wastes
shall include hazardous waste, industrial waste subject to control, ordinary
industrial solid waste and waste code specified in Form No. 01, Appendix III
issued together with this Circular.
2. The waste
classification shall be carried out according to the list of wastes specified
in Clause 1 of this Article. The identification of whether an industrial waste
is hazardous waste or ordinary industrial solid waste shall comply with
environmental technical regulations on hazardous waste thresholds. The
industrial waste subject to control without identification shall be managed as
hazardous waste. In case of the certain properties and hazardous components
without technical regulations, the national standards in environmental
protection of one of the developed countries shall be applied to these
properties and hazardous components.
3. The ordinary
industrial solid waste shall be collected, classified, selected for reuse,
direct use as raw materials and fuels for the purpose of production activities
(symbol: TT-R) according to the list of wastes specified in Clause 1 of this
Article.
Article
25. Unit of weight of waste
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2. The weight of domestic
solid waste in dossiers, license, reports, delivery records and other written
papers specified in this Circular shall be expressed as tonne.
Section
2. DOMESTIC SOLID WASTE MANAGEMENT
Article
26. Technical requirements for environmental protection applied to domestic
solid waste aggregation site and transfer station
1. Domestic solid waste
aggregation site:
a) The waste aggregation
site shall be arranged to ensure the effective connection between the
collection, transport and treatment; the collecting scope at households,
organizations and individuals and the environmental safety distance according
to regulations of QCVN 01:2021/BXD - National technical regulation on
construction planning issued together with Circular No. 01/2021/TT-BXD dated
May 19, 2021 of the Minister of Construction on National Technical Regulations
on construction planning and other relevant legal regulations;
b) The waste aggregation
site shall have a waste storage equipment with a capacity suitable for the
storage time to ensure that there is no leakage in the environment; ensure
clean and spray of deodorant after the end of operation. In case, the waste
aggregation site operates from 18:00 P.M to 06:00 A.M of the next day, the
waste aggregation shall have lights;
c) The owner of the
investment project, the owners and management board of new urban areas,
apartment buildings and office buildings shall arrange appropriate domestic
solid waste aggregation sites throughout the design, construction and operation
process to meet the requirements for the domestic solid waste disposal of all
people who live in that new urban areas, apartment buildings or office
buildings;
d) The owners of
production, trade and service establishments may arrange aggregation sites
according to regulations of Point b of this Clause or may store domestic solid
waste in waste storage equipment;
dd) The People's
Committee of province shall direct the People's Committee of district to take
charge and cooperate with domestic solid waste collection and transport units
in identification of the location, time of aggregation, operation time and
scale to receive domestic solid waste at appropriate aggregation site; ensure
traffic safety and minimize activities during peak hours.
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a) The domestic solid
waste transfer station shall comply with regulations of QCVN 01:2021/BXD -
National technical regulation on construction planning and other relevant legal
regulations;
b) The new fixed transfer
stations in urban areas of class-1 urban and special urban shall use modern,
suitable and automatic technology according to the conditions of each local
area;
c) Semi-underground,
underground transfer stations or burial of certain urban construction items
shall be encouraged in order to save land use area, provided their designs
ensure urban aesthetics and produce no pollution;
d) The domestic solid
waste transfer station shall be synchronously connected to with local solid
waste collection and transport system
dd) The domestic solid
waste transfer station shall have a storage area that is capable of storing
domestic solid waste at source, bulky solid waste, collection and transport
equipment and hazardous waste after classification of domestic solid waste
according to regulations of the People's Committee of province;
e) Transfer stations in
urban areas shall have a waste receiving area with enough area for vehicles to
stop and wait for waste disposal; ensure the closure for the purpose of
minimization of the spread of pollution, odor and penetration of insects;
g) Transfer stations
shall have weighing system and equipment; clean and deodorant spray systems of
waste-carrying vehicles entering and leaving the transfer station; camera
system; system and software for the purpose of monitoring and updating the
weight of domestic solid waste and waste-carrying vehicles entering and leaving
the transfer station;
h) The People's Committee
shall identify the location, operation time and scale of receipt of domestic
solid waste at the transfer station.
Article
27. Technical requirements for environmental protection applied to domestic
solid waste-carrying vehicles
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2. The domestic solid
waste-carrying vehicles shall ensure that there is no drop of domestic solid
waste, leakage or odor emission throughout transport process; clean, spray of
deodorant before leaving the transfer station, treatment establishment and
after completing domestic solid waste-carrying.
3. The domestic solid waste-carrying
vehicles from households and individuals to aggregation site and transfer
station shall ensure that there is no leakage and drop of domestic solid waste
into the environment throughout operation process.
4. The domestic solid
waste storage equipment shall be fixed or detachable equipment that are
installed into the waste-carrying vehicles and safe equipment that are
undamaged, unbroken and does not absorb, leak and release waste, odor into
environment.
5. The application of
advanced and environmental friendly models, technology and technical solutions
and the promotion of application of information technology to the management of
domestic solid waste- carrying activities shall comply with regulations of the
People's Committee of province.
Article
28. Domestic solid waste treatment technology criteria
1. Technology:
a) Be capable of
receiving and classifying waste, flexibly treating odors, sewage, exhaust gas
in combination with other technology for the purpose of treating different
types of solid waste; capacity expansion, energy recovery, secondary waste
treatment; appropriate level of treatment scale;
b) Degree of automation,
domestic value equipment lines; treatment, reuse, recycling and burial rate of
domestic solid waste; advanced degree of processing technology; durability of
equipment and technological lines; origin of equipment; the uniformity of
equipment in the technological lines, the ability to use and replace domestic
components and spare parts, the domestic value of the technology and equipment
system;
c) Priorize technology
that has been successfully applied, meets environmental technical standards and
regulations on equipment for waste treatment and recycling and is suitable for
Vietnam's conditions, evaluated and appraised by competent authorities
according to regulations of the Law on Science and Technology, the Law on
Technology Transfer. Priorize technology that belongs to the list of technology
encouraged to be transferred in accordance with the Law on Technology Transfer.
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a) Comply with
environmental technical standards and regulations;
b) Save land use area;
c) Save energy, be
capable of energy recovery throughout treatment process;
d) Be capable of training
local resources participating in equipment management, operation, maintenance
and equipment maintenance.
3. Economy:
a) The treatment costs
shall be suitable for the ability to pay cost of local authority or not be
exceeded the treatment costs announced by the competent authority;
b) Market potential of
the products from waste recycling activities;
c) Potential and economic
value brought from the reuse of waste, energy and useful products created after
treatment;
d) Market demand; product
quality standard applied after treatment;
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Article
29. Service charge for collection, transport and treatment of domestic solid
waste
1. Service charge for
collection, transport and treatment of domestic solid waste:
a) Service charge applied
to organizations and individuals generating domestic solid waste shall be
charge that the households, individuals, agencies, organizations, production,
trade and service establishments, the investors of the infrastructure
construction and business of concentrated production, trade, service zones and
industrial clusters according to regulations of Clauses 1, 3 and 4, Article 79
of the Law on Environmental Protection shall pay for collection, transport and
treatment of domestic solid waste.
b) Service charge applied
to investors and establishments that carry and treat domestic solid waste shall
be charge paid by the People's Committee of authorities for selected investors
and establishments according to regulations of Clause 1, Article 77, Clause 2,
Article 78 of the Law on Environmental Protection and Article 59 of Decree No.
08/2022/ND-CP to provide services of collection, transport and treatment of
domestic solid waste.
2. The principles of
service charge applied to organizations and individuals generating domestic
solid waste shall be specified as follows:
a) Service charge for
collection, transport and treatment of domestic solid waste generated from
households, individuals and subjects specified in Clause 1, Article 58 of
Decree No. 08/2022/ND-CP shall be calculated on the principles of compensation
from local budgets;
b) Service charge for
collection, transport and treatment of domestic solid waste generated from
agencies, organizations, production, trade and service establishments, the
investors of the infrastructure construction and business of concentrated
production, trade, service zones, industrial clusters specified in Clause 2,
Article 58 of Decree No. 08/2022/ND-CP shall be calculated on the principle of
correct calculation and sufficient cost for collection, transport and
treatment.
3. The investors and
domestic solid waste treatment service providers shall be responsible for
formulation and submission of the plans for service charges for the purpose of
appraisal and approval specified at Point b, Clause 1 of this Article in
accordance with the Law on Charge.
Article
30. Form of collection of service charge for collection, transport and
treatment of domestic solid waste according to weight or volume of waste
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a) Selling price of
packaging containing domestic solid waste Selling price of packaging shall
include the packaging production cost and the service charge for collection,
transport and treatment of domestic solid waste;
b) Volume of equipment
containing domestic solid waste;
c) Determination of the
weight of domestic solid waste (applied to agencies and organizations) or other
forms according to regulations of the People's Committee of province.
2. Technical requirements
for packaging containing domestic solid waste specified at Point a, Clause 1 of
this Article:
a) The packaging shall
have different specifications, designs, specific sizes, volume according to
regulations of the People's Committee of province in order to easily
distinguish from other types of usual packaging. Each type of packaging
containing domestic solid waste may have different volume corresponding to each
different selling price;
b) Packaging containing
different types of domestic solid waste shall have different colors (green
packaging applied to food waste, yellow packaging applied to other domestic
solid waste).If necessary, the People's Committee of province may prescribe
other colors to ensure uniformity and synchronization in province;
c) The waste packaging
materials shall be suitable for local waste treatment technology. Encourage the
use of biodegradable packaging materials;
d) Packaging containing
food waste or food waste and other wastes shall ensure that there are no
leakage and odor emission;
dd) In case, the local
authority prescribes that domestic solid waste must be classified into many
different categories according to regulations of Point c, Clause 1, Article 75
of the Law on Environmental Protection, the materials of packaging containing
domestic solid waste shall be transparent materials in order to see the type of
waste inside. In case, the local authority only prescribes classification of
waste into recyclable solid waste and other domestic solid waste, this
regulation shall not apply to packaging;
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g) Reuseable and recyclable
solid waste shall be stored in usual packaging that has adequate capacity and
causes no pollution.
3. Collection of service
charge through packaging specified in Point a, Clause 1 of this Article shall
be carried out as follows:
a) The People's Committee
of province shall select domestic solid waste packaging production and
distribution establishments in form of bidding in accordance with the Law on
Bidding. In case, the People's Committee of province cannot select an
establishment through bidding, the selection shall be done in the form of
placing orders or assigning tasks according to regulations of law. The solid
waste packaging production and distribution establishments shall be specialized
establishments or domestic solid waste collection, transport and treatment
establishments;
b) The domestic solid
waste packaging distribution establishments shall distribute packaging in form
of sale; distribute to households and individuals with the quantity of
packaging according to a certain monthly norm or other appropriate forms.
Article
31. Valuation method for domestic solid waste treatment services applied to
investors and service providers of domestic solid waste treatment
1. Service charge for
treatment of domestic solid waste shall be calculated according to the
following formula:
GXLCTR = ZTB + (ZTB
* P)
In which:
-
GXLCTR: service charge for
treatment of 01 tonne of domestic solid waste that does not include value added
tax (VAT). Unit: dong
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- P is the profit rate
(%) of the project or the average of medium-term interest rates of 03
commercial banks in Vietnam.
2. The total cost of
treatment of 01 tonne of domestic solid waste (Ztb) shall be calculated
according to the following formula:
ZTB =
CT - Zth
Q
In which:
- ZTB: total
cost of treatment of 01 tonne of domestic solid waste Unit: dong
- CT: the
total reasonable and valid costs for the purpose of performing domestic solid
waste treatment services (Unit: VND), including: direct material costs; direct
labor costs; direct machine and equipment costs; general production costs and
enterprise management costs. The above costs are specified in Clauses 3, 4, 5,
6 and 7 of this Article;
- Zth: the
revenue from the sale of products that are recovered after domestic solid waste
treatment. Unit: dong
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3. Direct material cost
(CVT) shall include the cost of direct materials that are used in
the domestic solid waste treatment process and equal to the total weight of
each type of private material multiplied by respective unit price of materials,
in which:
a) The weight of each
type of material shall be determined according to regulations, standards and
consumption rate of domestic solid waste treatment promulgated or announced by
competent state agency. In case there is no consumption rate promulgated or
announced by a competent state agency, the unit making the price plan shall
reasonably determinate consumption rate as a basis for determination of
material cost when making plan for service charge for domestic solid waste
treatment;
b) The material price is
the price payable by the waste treatment facility in accordance with the market
price determined according to the announced price or the invoice specified in
Law at the time of making the plan. The manufactured products subject to
value-added tax calculated according to the credit-invoice method, the material
price shall not include value-added tax. The manufactured products that are not
subject to value-added tax or subject to value-added tax calculated according
to the direct method, the material price shall include value-added tax.
4. The direct labor cost
(CNC) includes the monetary costs that a domestic solid waste treatment
facility must pay for a direct worker (salary, wage and salary-like allowances,
social insurance, health insurance, unemployment insurance, trade union fee)
and other costs for a worker who directly treats domestic solid waste. In
which:
a) The wage and salary
shall be equal to the quantity of working days according to labor norm of a
worker who directly treats waste promulgated or announced by the competent
authority multiplied by respective unit price per working day. The unit cost
per working day of a worker who directly treats domestic solid waste treatment
shall be determined according to regulations of competent state agency. In case,
there is no labor norm promulgated or announced by a competent state agency,
the unit making the price plan shall reasonably determine labor norm as a basis
for the labor cost when making plans for service charges for treatment of
domestic solid waste;
b) The cost for social
insurance, health insurance, unemployment insurance, trade union fee and other
costs of a worker who directly treats domestic solid waste shall comply with
applicable regulations of law (including the cost paid by the worker and enterprise).
5. Direct machine and
equipment cost (CCM) shall be total costs regarding the price of
machine and equipment, management, use and depreciation of the machine and
equipment according to regulations of law; method of determining the machine
and equipment cost per shift according to the regulations of law. In case of
determining the machine and equipment cost, the identification of the
depreciation time of the machine and equipment in accordance with the
characteristics of the working conditions of the machine and equipment shall be
carried out.
6. The general production
cost includes indirect production costs (except for direct materials costs;
direct labor costs; direct machine and equipment costs) incurred at the
domestic solid waste treatment facility, including: equipment maintenance and
repair; fixed asset depreciation and repair (except for direct machine and
equipment); cost of materials, tools and equipment that are used in a
production plant; wage and salary-like allowances; deduction for social
insurance, health insurance, unemployment insurance and trade union fee of an
official and a worker of the production plant (including the cost paid by the
worker and enterprise); cost of environmental inspection and monitoring;
production premises rent (if any); cost of external services and other monetary
cost in the cost according to regulations of law, specifically:
a) The material and labor
costs of general production cost are direct material and labor costs specified
in Clauses 3 and 4 of this Article;
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Article
32. Closure of domestic solid waste landfill after the end of operation
1. Closure of hygienic
domestic solid waste landfill shall be carried out according to one of the
following cases:
a) The domestic solid
waste landfill shall have the maximum capacity according to the receiving
capacity approved by the competent authority;
b) The owner of waste
treatment facility shall be unable to continue to transport and operate the
domestic solid waste landfill;
c) If the owner of waste
treatment facility wants to close the landfill, he/she shall report the state
management agency in charge of environmental protection in province area;
d) The closure of
domestic solid waste landfills shall be carried out according to requests of
competent state agency
2. Before closing the
landfill, the owner of waste treatment facility shall send a notification to
the provincial environmental protection authority about the closing time of the
landfill for the purpose of supervision.
3. Process of closing a
domestic solid waste landfill:
a) A domestic solid waste
landfill shall have a top layer of soil with clay content, layer of HDPE plastic
or equivalent material that is greater than 30% to ensure humidity and be
carefully compacted with a thickness that is at least 60 cm. A landfill shall
have the slope from the foot to the top of the landfill that increases
gradually from 3% to 5%, always ensure good drainage and no landslide and
subsidence. The landfill shall be covered with the soil buffer with a common
composition that is sand from 50 cm to 60 cm thick and the planting soil layer
(surface soil) from 20 cm to 30 cm thick; have grass and trees;
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c) After closing the domestic
solid waste landfill, the owner of waste treatment facility shall be
responsible for making a report on the status of the landfill and sending this
report to a environmental protection agency of province. The report on the
status of the landfill shall include the contents specified at point d of this
Clause;
d) The main contents of
the report on the status of a landfill shall include the operational status,
efficiency and operability of all works in the landfill including waterproofing
system, sewage collection and treatment system, exhaust gas collection system
and other environmental protection works (if any) in accordance with law; the
results of monitoring of groundwater, the quality of wastewater and exhaust gas
discharged and released into the environment of the landfill; reports on
environmental remediation, landscape improvement and measures for environmental
pollution prevention in the following years; a topographic map of the landfill
after the closure of the domestic solid waste landfill;
dd) The owner of a waste
treatment facility shall be responsible for collecting and treating wastewater
and exhaust gas discharged and released into the environment of domestic solid
waste landfills after the closure of the landfills according to regulations.
4. The closure of the
domestic solid waste landfill shall meet the following requirements:
a) Requirements specified
at Point a, Clause 3 of this Article;
b) Wastewater and exhaust
gas discharged and released into the environment of a landfill shall meet
environmental technical standards
5. After the closure of
the domestic solid waste landfill, people and animals shall be not allowed to
freely enter and exit, especially the gas area. The landfill shall have signs,
safety instructions.
6. Transfer the site to a
competent state agency after the closure of the domestic solid waste landfill
shall comply with regulations of Point c, Clause 2, Article 80 of the Law on
Environmental Protection.
7. Before reusing a
domestic solid waste landfill, the owner of an investment project shall:
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b) Make a topographic map
of the waste landfill area;
c) Continue to treat
sewage, exhaust gas (if any) according to regulations while waiting for reuse
of domestic solid waste landfill.
8. The measures for cost
calculation and estimate for environmental improvement and remediation in the
landfill shall comply with regulations of Form No. 02, Appendix II issued
together with this Circular.
Section
3. ORDINARY INDUSTRIAL SOLID WASTE MANAGEMENT
Article
33. Technical requirements for environmental protection applied to ordinary
industrial solid waste storage
1. Ordinary industrial
solid waste storage equipment and tools shall meet the following requirements:
a) The equipment and
tools shall ensure the safe storage of hazardous waste without damage or tear;
b)The soft packaging
shall be sealed. The hard packaging shall have a tight-fitting lid for the
purpose of preventing from leaking and dropping sewage into the environment;
c) An equipment or a tool
shall have hard structure that is capable of withstanding impact, not damaged,
deformed, torn due to the weight of waste throughout the process of use.
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3. An indoor ordinary
industrial solid waste warehouse or storage area shall have:
a) Elevated floor to
avoid flood;
b) A floor that is
sealed, not cracked and penetrated and able to prevent overflowing rainwater
from the outside;
c) A rain cover for the
entire storage area;
d) The warehouse shall
meet technical construction standards and regulations of Law.
4. An outdoor ordinary
industrial solid waste warehouse or storage area shall have:
a) An embankment and a
system for collecting and treating rainwater overflowed and wastewater
generated throughout the storage of ordinary industrial solid waste that ensure
environmental technical regulations;
b) Elevation of the floor
that ensures no flood; a floor which is sealed, not cracked and penetrated with
durability that is capable of withstanding the load of the means of transport
and the weight of ordinary industrial solid waste.
c) A tool that ensures minimization
of dust generated from ordinary industrial solid waste storage area (waste that
generate dust).
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1. The ordinary
industrial solid waste-carrying vehicles shall meet the requirements for
technical safety and environmental protection in accordance with the
regulations of the Transport Law
2. Ordinary industrial
solid waste shall be directly stored in waste storage equipment or transport
vehicles The ordinary industrial solid waste storage equipment shall be fixed
or detachable equipment that are installed into the waste-carrying vehicles and
meet requirements specified Clause 1, Article 33 of this Circular.
3. The ordinary
industrial solid waste-carrying vehicles shall ensure that there is no drop of
waste, odor and dust emission throughout transport process.
4. The tarpaulin truck
shall be covered with tarpaulins to avoid the sun and rain throughout the
process of collecting, storing and transporting ordinary industrial solid
waste.
5. The ordinary
industrial solid waste-carrying vehicles shall have a phrase"VẬN CHUYỂN CHẤT
THẢI" on both sides of the vehicles with a height of at least 15 cm and
the name, address and contact phone of the facility.
6. The minutes of
handover of ordinary industrial solid waste shall comply with regulations of
Form No. 03, Appendix III issued with this Circular.
Section
4. HAZARDOUS WASTE MANAGEMENT
Article
35. Hazardous waste declaration, classification, collection and storage by
hazardous waste source owner and hazardous waste manifest
1. The hazardous waste
source owner shall declare the weight and type of hazardous waste generated (if
any) in the application for granting an environmental license according to
regulations of Article 28 of Decree No. 08/2022/ND- CP or environmental
registration contents specified in Article 22 of this Circular.
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3. In cases the hazardous
wastes are reused, preliminarily processed, recycled, treated, co-treated and
allowed to recovery energy at the facility according to the contents of the
granted environmental license, the hazardous waste source owner shall be
allowed to choose whether or not to classify hazardous waste.
4. Packaging containing
hazardous waste shall meet the following requirements:
a) The hazardous waste
packaging (hard or soft packaging) shall ensure the safe storage of hazardous
waste without damage or tear;
b)The soft packaging
shall be sealed. The hard packaging shall have a tight-fitting lid for the
purpose of preventing from leaking or evaporating;
c) Liquid waste, slurry
or waste containing volatile hazardous components shall be stored in a hard
packaging with the capacity that is less than 90% or a headspace that is 10 cm.
5. The storage equipment
(with a hard shell and large size such as a tank, a container or other similar
equipment) shall meet the following requirements:
a) The storage equipment shall
ensure safe storage of hazardous waste, have reinforcement or special design at
the connection and the loading, unloading point or filling and discharge
stations in order to avoid leaking;
b) The storage equipment
shall have hard structure that is capable of withstanding impact, not damaged,
deformed, torn due to the weight of waste throughout the process of use.
c) The storage equipment
shall have a warning sign according to Vietnam regulations on warning sign
regarding to hazardous waste and have a minimum size that is 30 cm in each
direction;
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dd) The hazardous waste
storage equipment shall have a capacity that is at least 02m3 or
meets the regulations of Clause 4 of this Article. The equipment are located
outdoors but it shall be tightly sealed and prevent rain water from entering.
In case of storing hazardous waste or hazardous waste groups that are capable
of chemical reaction with each other in the same storage equipment, the
equipment shall be isolated in the process of storage
6. Hazardous waste
storage area of generating facilities:
a) The hazardous waste
storage area (a warehouse that is not compulsory) shall have a tight surface
floor that ensures no penetration and rainwater overflowing; a roof for the
purpose of protecting the entire hazardous waste storage area from sunlight and
rain, design or equipment for limiting wind that directly blows inside. However
the hazardous waste storage equipment with a capacity that is more than 02m3
is located outdoors;. The area shall be isolated from the areas of hazardous
waste or other groups of hazardous wastes that are capable of chemical
reaction; ensure no liquid that is leaked outside when leaking and overflowing.
b) The liquid waste
containing PCBs, persistent organic pollutants subject to management according
to regulations of the Stockholm Convention on persistent organic pollutants
(POPs) and other halogenated organic hazardous components (beyond the hazardous
waste threshold specified in the national technical regulation on hazardous
waste thresholds) shall be stored in hard packaging or storage equipment
located in elevated surfaces or ballets and not be stacked;
c) The hazardous waste
storage area shall have tools, equipment and materials as follows: fire
prevention and fighting equipment in accordance with the Law on fire prevention
and fighting; absorbent material (dry sand or sawdust) and a shovel for purpose
of preventing from leaking, dropping or overflowing of hazardous liquid waste; warning
and prevention signs that are suitable for the type of hazardous waste
according to Vietnam regulations on warning signs regarding hazardous waste
with a minimum size that is 30 cm in each direction. The storage area of
medical facility shall comply with regulations on medical waste management.
7. The hazardous waste
manifest shall comply with regulations of Form No. 04, Appendix II issued with
this Circular.
Article
36. Technical requirements on packaging, hazardous waste storage equipment and
areas applied to the owners of hazardous waste treatment facilities.
1. Packaging containing
hazardous waste (hard or soft packaging) shall meet the following requirements:
a) The packaging shall be
resistant to corrosion, rust, chemical reaction to the hazardous waste, water
or penetration, leakage, especially at the junction and filling and discharge
stations. The soft packaging shall have at least 02 layers;
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c)The soft packaging
shall be sealed. The hard packaging shall have a tight lid for the purpose of
preventing from leaking or evaporating;
d) Liquid waste, slurry
or waste containing volatile hazardous components shall be stored in a hard
packaging.
2. The storage equipment
(with a hard shell and large size such as a tank, a container or other similar
equipment) shall meet the following requirements:
a) The shell shall be
resistant to corrosion, rust, chemical reaction to the hazardous waste, water
or penetration, leakage; have reinforcement or special design at the junction,
uploading and loading points, filling and discharge stations in order to avoid
leaking;
b) An storage equipment
shall have hard structure that is capable of withstanding impact, not damaged,
deformed, torn due to the weight of waste throughout process of use.
c) An storage equipment
shall have warning signs according to regulations;
d) The equipment for
storing hazardous liquid waste or waste containing volatile hazardous
components shall have a tight-fitting lid and function that ensure evaporation
control;
dd) If the hazardous
waste storage equipment does not have volatile hazardous components, the
close-fit between a lid and equipment shall not be compulsory. However, the
equipment shall have a lid or other tools for the purpose of completely
preventing equipment from sunlight, rain and wind that directly blows inside;
3. Hazardous waste storage
areas of transfer stations and hazardous waste treatment facilities shall meet
the following requirements:
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b) The hazardous waste
storage area shall have a floor that is sealed, not cracked with a material
that is resistant to water, corrosion, chemical reaction to hazardous waste; a
durable floor that is capable of withstanding the highest load of hazardous
waste according to calculation; walls and partitions with non-flammable
materials;
c) The storage area shall
have a roof for the purpose of protecting the entire hazardous waste storage
area that is made from non-flammable material, design and equipment for
limiting wind that directly blows inside. However hazardous waste storage
equipment with a capacity that is more than 05m3 is located
outdoors;
d) The storage area shall
have separate cells or sections for each type of hazardous waste or group of
hazardous waste with the same properties to isolate them from other types of
hazardous waste or hazardous waste groups that are capable of chemical
reaction. The non-flammable partitions with height that is higher than the
height of hazardous waste columns shall be built.
4. In case the hazardous
waste storage areas or transfer stations that are built in the form of
warehouses shall meet Vietnam regulations on warehouses.
5. A storage area or a
hazardous liquid waste transfer station shall have walls, embankments
surrounding all or a part of the areas. Also, the owner shall have another
secondary isolation measure for preventing hazardous waste from being dispersed
to environment in cases of incidents. There must be gutters that lead to a
drain that is lower than the floor in order to ensure no overflow.
6. The liquid waste
containing PCBs, persistent organic pollutants subject to management according
to regulations of the Stockholm Convention on persistent organic pollutants
(POPs) and other halogenated organic hazardous components (beyond the hazardous
waste threshold specified in the environmental technical regulation on
hazardous waste thresholds) shall be stored in hard packaging or storage
equipment located in elevated surfaces or ballets and not be stacked;
7. A hazardous waste
storage area or a transfer station shall have equipment, tools and materials as
follows:
a) Fire prevention and
fighting equipment in accordance with the Law on fire prevention and fighting;
b) Absorbent material
(dry sand or sawdust) and a shovel to use in case of leaking, dropping and
overflowing hazardous liquid waste;
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d) Loading and unloading
equipment (manual or motor equipment);
dd) Telecommunication
equipment;
e) Alarm equipment
(sirens, gongs, loudspeakers);
g) A warning and
prevention sign in each cell or subdivision of the storage or transfer area
that is suitable for the type of hazardous waste according to Vietnamese
regulations on warning signs regarding hazardous waste with a minimum size that
is at least 30 cm in each direction; material, ink of sign with unfaded color
and unfaded text ;
h) Exit diagrams, exit
instructions symbols (EXIT or exit instructions signs) that are located at
enter and exit points of the aisles;
i) Brief instruction
boards on the safe operation process of the storage area or transfer station,
the incident response process (attached to the list of phone number of the
local agencies: the People's Committee of commune, police office, medical
emergency, fire prevention, fighting and rescue) with sizes and locations that
are convenient for observation and monitoring.
Article
37. Technical requirements for environmental protection applied to hazardous
waste-carrying vehicles
1. The hazardous waste
storage equipment shall be fixed or detachable equipment that are installed
into the waste-carrying vehicles in accordance with regulations of Clause 2,
Article 36 of this Circular.
2. Some types of
hazardous waste-carrying vehicles shall meet the following requirements:
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b) The tank trucks and
cargo holds containing hazardous liquid waste of ships shall ensure evaporation
control;
c) A motorcycle shall
have a container and be fastened on the cargo rack (behind the driver's seat)
of the motorcycle. The size of a container that is fastened on a motorcycle
shall comply with regulations of Law on Road Traffic.
3. Hazardous waste
storage areas on ships, barges and trains shall meet the following
requirements:
a) The hazardous waste
storage area shall have a floor and surrounding partitions that are sealed,
especially at the junction between the floor and the wall, with a material that
is resistant to water, fire corrosion, chemical reaction to hazardous waste; a
durable floor that is capable of withstanding the highest load of hazardous
waste according to calculation;
b) The storage area shall
have a roof or a tarpaulin for the purpose of protecting the entire hazardous
waste storage area from sunlight and rain, a design or equipment for limiting
wind that directly blows inside. However, the hazardous waste storage equipment
with a capacity that is more than 05m3 shall be located outdoors
4. Hazardous
waste-carrying vehicles shall have equipment, tools and materials as follows:
a) Fire prevention and
fighting equipment in accordance with the Law on fire prevention and fighting;
b) Absorbent material
(dry sand or sawdust) and necessary tools to use in case of leaking, dropping
and overflowing hazardous liquid waste;
c) First aid boxes;
solution containers for the purpose of emergency neutralization of acid burns
in case of acidic waste storage;
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dd) Warning signs that
are flexibly installed according to the type of hazardous waste transferred on
at least both sides of a vehicle; the text "VẬN CHUYỂN CHẤT THẢI"
with a letter height of at least 15 cm and the name, address, and contact phone
number of the facility fixed on at least both sides of the vehicle; a material
and ink of sign with unfaded color, unfaded text. In case of moped, the size of
selected warning signs shall be suitable for reality;
e) Brief instruction
boards on the safe operation process of waste-carrying vehicles, loading and
unloading, hazardous waste filling and discharge, the incident response process
(attached to the list of phone number of the local agencies: environmental
management, police office, medical emergency and fire prevention, fighting)
that are located in cabin and control area according to regulations of Law,
clearly printed with the texts that are readable and unfaded.
Article
38. Hazardous waste transboundary transport registration under the Basel
Convention on the control of the cross-border transport and destruction of
hazardous waste
1. The hazardous waste
export registration shall be carried out by submitting the application for
registration of the cross-border transport of hazardous waste. The registration
of export of the same type of hazardous waste shall be carried out according to
each separate shipment or a number of shipments in a year. An owner of source
of hazardous waste or an exporter who is representative of the owner shall
cooperate with relevant parties in making application according to regulations
of Clause 2 of this Article.
2. An application for
registration of the cross-border transport of hazardous waste shall contain:
a) An application form
for registration of cross-border transport of hazardous waste according to the
regulations of Form No. 05, Appendix III issued with this Circular;
b) A copy of the contract
for treatment of hazardous waste applied to the hazardous waste treatment
facility in the import country;
c) A copy of the contract
that was signed with the owner of source of hazardous waste in case of an
exporter that is authorized by the owner waste to register and carry out the
procedures for cross-border transport of hazardous waste;
d) A copy of the contract
that was signed with the insurance registration unit for hazardous waste
shipments transported cross-border;
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http://www.basel.int/Portals/4/Basel%20Convention/docs/techmatters/forms-notif-mov/vCOP8.doc.
3. Procedures for
registration of cross-border transport of hazardous waste:
a) Organization or
individual shall make application for registration of cross-border transport of
hazardous waste specified in Clause 2 of this Article and send this application
to the Ministry of Natural Resources and Environment directly, by post or
electronically;
b) Within 10 working days
from the date of receiving the complete application, the competent authority of
Basel Convention in Vietnam under the Ministry of Natural Resources and
Environment shall send a written notification attached to the English shipping
notification to competent authority of the Basel Convention in the import and
transit (if any) country in accordance with regulations of the Basel
Convention. In case the application is not eligible for a written notice, the
Ministry of Natural Resources and Environment shall send a written reply to the
organization or individual and provide clear reasons;
c) Within 20 working days
from the date of receiving the written reply from the competent authority of
the Basel Convention in the import and transit (if any) country, the Ministry
of Natural Resources and Environment shall issue a written approval in accordance
with regulations of Form No. 06, Appendix III issued together with this
Circular. In case of disapproval, the Ministry of Natural Resources and
Environment shall send a written reply to organization or individual and
provide clear reason.
4. The transport of
domestic hazardous waste to the border gate shall be carried out by
organizations or an individuals specified in Clause 4, Article 83 of the Law on
Environmental Protection.
5. After receiving a
written approval from the Ministry of Natural Resources and Environment for the
export of hazardous waste, the organization or individual shall make at least
02 sets of English application for transport of each hazardous waste shipment
that are allowed to export according to the form specified at:
http://www.basel.int/Portals/4/Basel%20Convention/docs/techmatters/forms-notif-mov/vCOP8.doc.
6. After completing the
hazardous waste treatment, the organization or individual approved by the
Ministry of Natural Resources and Environment for the export of hazardous waste
shall keep an application for transport and send an application for transport
that was approved by the treatment unit abroad to the Ministry of Natural
Resources and Environment.
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1. Criteria for
identification of technology for the purpose of assessment shall be as follows:
a) Technology on the list
of transfer restriction in accordance with the Law on Technology Transfer;
b) Technology that can
cause adverse impacts on the environment: incineration; metal recycling and
remediation, metal oxide, metal salt in heat or chemistry; wastewater
treatment; chemical treatment, recycling and recovery.
2. Technology:
a) Origin of machinery,
equipment and technological lines; prior technology that meets environmental
technical standards and regulations, is suitable for Vietnam's conditions
according to certification, appraisal and assessment of the competent authority
b) Degree of
mechanization and automation; capability to expand and increase capacity;
c) Advanced and
preeminent level of hazardous waste treatment technology;
d) Degree of conformity
of standards and regulations on the production of machinery, equipment, and
technological lines with national technical standards and regulations, Vietnam
standards or standards of G7 countries and Korea in safety, energy saving and
environmental protection; application of environmental friendly technology, the
best available techniques, treatment technology combined with energy recovery;
dd) Uniformity of
equipment in the technological lines, capacity to use and replace domestic
components and spare parts, the domestic value of the technology and equipment
system;
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3. Environment and
society:
a) Guarantee of technical
standards regulations on environment applied to exhaust gas and wastewater
generated in the process of hazardous waste treatment;
b) Saving in the occupied
land area of hazardous waste treatment technology system;
c) Level of reuse and
recovery of valuable components of hazardous waste;
d) Level of impact on the
environment, ecosystems and people throughout the operation process of
hazardous waste treatment technology and products after treatment;
dd) Level of risks to the
environment and capacity to prevent and overcome technical problems;
e) Capacity to train
local resources participating in proficient management, operation, maintenance of
equipment;
g) Guarantee of standards
and regulations on the quality of products subject to recycling in accordance
with the Law on standards, measurement and quality of products and goods.
4. Economy:
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b) Potential and economic
value brought from the reuse of waste, energy and useful products created after
hazardous waste treatment;
c) The appropriateness in
the cost of construction and installation of equipment; operating cost;
maintenance and repair costs.
Article
40. Some cases that are not the hazardous waste transport and treatment
activities
Some cases that are not
the hazardous waste transport and treatment activities shall include:
1. Transport, maintenance
and repair to vehicles, equipment and products that are still valid for use
according to the original purpose and have not been identified as waste by the
owner of waste source for the purpose of continuing to use according to original
purpose.
2. Transport of samples
that are hazardous waste for analysis.
Section
5. SPECIAL WASTE AND ONSITE WASTEWATER MANAGEMENT
Article
41. On site wastewater and exhaust gas treatment facilities and equipment
applied to household and individual production, trade and service
establishments
1. Household production,
trade and service establishments shall evaluate conformity before installing
the equipment for treatment of on-site wastewater and exhaust gas according to
guidelines for technology and techniques specified in Clauses 2 and 3 of this
Article.
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a) Separate rainwater and
wastewater collection systems before wastewater discharge into wastewater
treatment work and equipment;
b) Scale of capacity of
wastewater treatment work and equipment shall meet the maximum flow of
wastewater generated;
c) Comply with
environmental technical regulations on on-site wastewater treatment work and
equipment;
d) Collect, classify,
treat or transfer sludge generated from treatment work and equipment.
3. The exhaust gas
treatment work and equipment shall have suction hoods and equipment for
collection and treatment of exhaust gas generated before emission to the
environment through the exhaust pipe according to the characteristics, nature
and flow of exhaust gas generated from production, trade and service activities
of a household or individual scale.
Article
42. Medical waste transport and treatment
1. Ordinary medical waste
shall be separately classified and collected from hazardous medical waste and
domestic solid waste and managed as ordinary industrial solid waste specified
in Section 3 of this Chapter. Hazardous medical waste shall not be recycled to
produce utensils and packaging that are used in the food sector.
2. Hazardous medical
waste shall be separately classified and collected from ordinary industrial
solid waste and domestic solid waste before being stored in the storage area at
the generating facility in accordance with the Law on medical waste management.
In case hazardous medical waste is allowed to self-treat and recover energy at
the facility, the owner of the source of hazardous medical waste shall be
allowed whether or not to classify hazardous waste according to existing
technology and techniques.
3. Hazardous medical
waste- carrying vehicles and equipment shall comply with regulations of
Articles 36 and 37 of this Circular and following specific requirements for
environmental protection:
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b) Hazardous medical
waste storage tools and equipment that are installed on vehicles shall have
walls, bottoms, tight-fitting lids, hard structures; be resistant to impact,
damage or leakage to ensure safety throughout transport process; be fixed or
removable tools and equipment to ensure there is no drop or spill throughout
transport process
c) Hazardous medical
waste- carrying vehicles shall have insulated and closed containers. The size
of the containers that comply with regulations of the Transport Law;
d) For the areas where
specialized vehicles cannot be used to transport hazardous medical wastes but
motorcycles can be used to transport, these vehicles shall have containers that
are fastened on cargo rack (behind the driver's seat). The size of containers
shall comply with regulations of the Law on Road Traffic.
4. Hazardous medical
waste shall be treated according to the following order:
a) Hazardous medical
waste shall be treated at waste treatment facilities that have medical waste
treatment items;
b) Hazardous medical
waste shall be treated according to the model of a cluster of medical
facilities. The medical waste of a cluster of medical facilities shall be
collected and treated at the treatment system and equipment of a facility in
the cluster);
c) Hazardous medical
waste shall be self-treated at the hazardous medical waste treatment work and
equipment within the medical facility's precinct.
5. The Department of
Natural Resources and Environment shall make and submit a report on regulations
collection, transport and treatment of hazardous medical waste to the People's
Committee of province for approval in accordance with local conditions and
regulations on environmental protection. Regulations on collection, transport
and treatment of hazardous medical waste shall include the following main
contents:
a) Location and model of
hazardous medical waste treatment;
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c) Information on
organizations and individuals participating in the collection, transport and
treatment of hazardous medical waste;
d) Other relevant issues.
Article
43. Collection and treatment of packaging of plant protection chemicals arising
in agricultural activities
1. Collection of
packaging of plant protection chemicals arising in agricultural activities
shall comply with guidance of the Ministry of Agriculture and Rural
Development.
2. Treatment of packaging
of plant protection chemicals shall comply with the Law on Waste Management.
Article
44. Waste management of petroleum activities at sea
1. Classification,
collection, storage and management of non-hazardous waste applied to petroleum
works at sea:
a) Domestic solid waste
and ordinary industrial solid waste shall be collected and classified into 03
groups, including: food waste group, scrap group subject to collection and
recycling and the other group of ordinary waste;
b) The group of food
waste shall be discharged into the sea after being ground to a size that is
less than 25 mm;
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d) The group of scrap
subject to remediation and recycling and the other group of ordinary waste
shall be collected and transported to seashore.
2. Classification,
collection, storage of non-hazardous waste applied to petroleum works at sea:
a) Hazardous wastes shall
be classified according to their hazardous nature;
b) Types of hazardous
wastes that have the same hazardous nature, the same treatment methods and no
reaction each other shall be stored together in the same closed equipment and
tools;
c) Hazardous waste containers
and equipment shall have clear labels to identify the type of collected waste.
3. Management of drilling
mud generated in petroleum extraction and mining activities at sea:
a) Water-based drilling
mud generated in petroleum extraction and mining activities shall be discharged
into offshore waters, boundaries of aquaculture areas, aquatic protection zones
and amusement parks that are further than 03 nm;
b) Non-aqueous drilling
mud generated in petroleum extraction and mining activities shall only be
discharged into the sea when the content of non-aqueous drilling mud adhering
to the waste drilling mud does not exceed the permissible value according to
the national technical regulations on drilling mud that is discharged from
petroleum works at sea and has discharge at a location far from the shore,
boundaries of aquaculture areas, aquatic protection zones, amusement parks that
are further than 12nm. After non-aqueous drilling mud is used for petroleum
extraction and mining, it shall be transported to shore to reuse for other
drilling campaigns or transferred to waste treatment facilities for the purpose
of treatment.
c) The use of non-aqueous
drilling mud shall be carried out in accordance with environmental technical
regulations issued by the Ministry of Natural Resources and Environment.
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5. Oil-contaminated floor
cleaners, technological equipment and oil tanks shall be:
a) Collected and treated
according to environmental technical regulations on industrial wastewater
before being discharged at a location that is not further than 03 nm from the
shore;
b) Collected and treated
according to regulations of Appendix I of the Marpol Convention before being
discharged at a location that is further than 03 nm from the shore. The maximum
oil content shall not be exceeded 15 mg/l
6. Domestic wastewater
shall be:
a) Collected and treated
according to environmental technical regulations on domestic wastewater before
being discharged at a location that is not further than 03 nm from the shore;
b) Collected and treated
according to regulations of Appendix IV of the Marpol Convention before being
discharged at a location that is from 03 to 12nm from the shore.
c) Collected and
discharged into the sea at a location that is further than 12 nm from shore.
Section
6. ASSESSMENT OF CONFORMITY WITH ENVIRONMENTAL TECHNICAL REGULATIONS APPLIED TO
IMPORTED SCRAPS
Article
45. Assessment of the capacity of the organization assessing conformity with
environmental technical regulations applied to scraps imported from foreign
countries as production materials
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2. Written comments and
assessments of members of the assessment team according to regulations of Form
No.8 Appendix III issued together with this Circular.
3. Record of assessment
of the capacity of an organization for assessing conformity with environmental
technical regulations applied to imported scraps used to make production
materials from foreign countries according to regulations of Form No. 09,
Appendix III issued together with this Circular.
4. Decision on
appointment for an organization to assess the conformity with environmental
technical regulations applied to imported scraps used to make production materials
from foreign countries according to the regulations of Form No. 08 of the
Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 providing amendments
to a number of articles of Decree No. 132/2008/ND-CP dated December 31, 2008,
detailing the implementation of a number of articles of the Law on Products and
Goods Quality (amended at Clause 9, Article 4 of the Government’s Decree No.
154/2018/ND-CP dated November 9, 2018 amending and repealing certain
regulations on investment and business conditions in sectors under the
management of the Ministry of Science and Technology and certain regulations on
specialized inspections).
Article
46. Assessment of the actual capacity of an organization that registers
assessment of the conformity with environmental technical regulations applied
to imported scraps used to make production materials from foreign countries
1. The Ministry of
Natural Resources and Environment shall assess the application for appointment
for an organization to participate in the assessment of conformity with
environmental technical regulations applied to imported scraps used to make
production materials from foreign countries according to regulations of Article
18d, Decree No. 132/2008/ND-CP dated December 31, 2008 detailing the implementation
of a number of articles of the Law on Products and Goods Quality (hereinafter
referred to as “Decree No. 132/2008/ ND-CP”) added in Clause 8, Article 1 of
the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 providing
amendments to a number of articles of Decree No. 132/2008/ND-CP
2. Assessment and
inspection of actual capacity at the organization:
a) Contents of assessment
and inspection:
The assessment team shall
be responsible for assessing application for participating in assessing conformity
with the technical regulation applied to imported scraps used to make
production materials from foreign countries, including the following contents:
legislative documents of the organization; the quantity and capacity of
assessors; machinery and equipment for inspection of imported scraps; internal
procedures for inspection of imported scraps; compliance with legal
regulations, internal procedures of conformity assessment organizations in
registration for inspection of imported scraps and regulations of Articles 18a
and 18b of Decree No. 132/2008/ ND-CP amended at Clause 8 Article 1 of Decree
No. 74/2018/ND-CP and Clauses 4,5 Article 4 of the Government’s Decree No.
154/2018/ND-CP dated November 9 2018 amending and repealing certain regulations
on investment and business conditions in sectors under the management of the
Ministry of Science and Technology and certain regulations on specialized
inspections.
b) The appraisal results
of application, assessment and re-inspection at the organization participating
in the assessment of conformity with environmental technical regulations
applied to imported scraps used to make production materials from foreign
countries shall be as the basis for decision of the Ministry of Natural
Resources and Environment on appointment for organizations to participate in
assessing the conformity with environmental technical regulations applied to
imported scrap used to make production materials from foreign countries.
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Article
47. Inspection and assessment of application for exemption from persistent
organic pollutants (POPs) for the purpose of making of direct production materials
1. Decision on the
establishment of inspectorate for the purpose of assessment of application for
exemption from POPs in Appendix XVII issued together with Decree No.
08/2022/ND-CP according to regulations of Form No. 10, Appendix III issued
together with this Circular.
2. Record of inspection
and assessment of application for exemption from POPs in Appendix XVII issued
together with Decree No. 08/2022/ND-CP according to regulations of Form No. 11,
Appendix III issued together with this Circular.
Article
48. Labelling, information disclosure, conformity assessment and inspection of
persistent pollutants and materials, fuel, products, goods and equipment
containing persistent pollutant
1. Contents of inspection
and assessment of conformity of persistent pollutants and raw materials, fuels,
products, goods and equipment containing persistent pollutants shall contain:
a) Fulfillment of
environmental protection requirements in the management of persistent
pollutants and materials, fuels, products, goods and equipment containing
persistent pollutants according to regulations;
b) Conformity assessment
result, label, information disclosure and accompanying documents;
c) Sampling serving
conformity assessment according to corresponding environmental technical
regulations.
2. Decision on the
establishment of inspectorate for the purpose of assessment and a record of
inspection and assessment of conformity of persistent pollutants and materials,
fuels, products, goods and equipment containing persistent pollutants according
to regulations of Forms No. 12 and 13, Appendix III issued together with this
Circular.
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4. The importers,
producers and enterprises shall send a notice about materials, fuels and
products without commercial packaging to the Ministry of Natural Resources and
Environment according to Form No. 15 Appendix III issued together with this
Circular.
Chapter
V
ENVIRONMENTAL
MONITORING, INFORMATION, DATABASE AND REPORT
Section
1. ENVIRONMENTAL MONITORING
Article
49. Appraisal of conditions for environmental monitoring services
1. Consideration about
application for certification of eligibility for environmental monitoring
services of an organization:
a) After receiving the
appraisal fee, the agency granting certificate shall consider and assess the
organization’s according to conditions specified in Article 91 of the Decree
No. 08/2022/ND-CP;
b) The agency granting
certificate shall send the application to the members of the appraisal council
for study and consideration before actually inspecting and assessing at the
organization.
2. The appraisal of
conditions for environmental monitoring services shall be carried out through
an appraisal council that is established by the head of the agency granting
certificate of eligibility for environmental monitoring services according to
regulations of Form No. 01 Appendix IV issued together with this Circular.
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3. Actual assessment and
inspection in the organization:
a) Contents of assessment
and inspection: The appraisal council shall be responsible for actually assessing
and inspecting at the organization requesting for the certification of
conditions specified in Article 91 of Decree No. 08/2022/ND- CP and compare
with the application for certification for environmental monitoring services;
b) The results of the
assessment and inspection at the organization requesting for certification
shall be made a record and sent to the appraising agency for summarizing. The
record of the appraisal council after the assessment and re-inspection shall be
the documents in the appraisal dossier.
4. The meeting of the
appraisal council shall be conducted after having the results of the actual
inspection and assessment of organization and the agency granting certificate
receives all the corrected, amended and completed dossiers of the organization
according to requirements in assessment and inspection records at the
organization.
5. The head of the
appraising agency shall submit to the Minister of Natural Resources and
Environment for granting and adjusting the certificate of conditions for
environmental monitoring services for the organization requesting certification
according to the appraisal results In case of ineligibility for certification,
the head of the appraising agency shall be responsible for implementation
according to regulations of Point c, Clause 3, Article 93 or Point c, Clause 4,
Article 94 of Decree No. 08/2022/ND-CP.
Article
50: Duties, entitlements of the appraising agency
1. The appraising agency
shall appraise the conditions for environmental monitoring services and submit
to the Minister of Natural Resources and Environment for consideration,
decision on granting and adjusting the contents of the certificate of the
organization that is eligible for environmental monitoring services.
2. Review, evaluate and
process application and regarding documents that are sent by organizations
requesting for certification of eligibility for environmental monitoring
services.
3. Research and assess
application of organizations requesting for certification of eligibility for
environmental monitoring services; organize the collection of opinions on the
assessment, comment on the application and make the report on the assessment of
the application.
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5. Prepare, provide
documents and facilitate research on relevant records and documents on the
appraisal of conditions for environmental monitoring services for members of
the appraisal council
6. Prepare necessary
conditions for inspection and assessment at the organization and official
meeting of the appraisal council
7. Receive the record of
actual inspection and assessment at the organization of the appraisal council,
the appraisal results of the appraisal council and carry out necessary
procedures to submit to the Minister of Natural Resources and Environment for
decision on granting and adjusting the content of the certificate of
eligibility for environmental monitoring services.
8. Keep records and
documents on the process of appraisal of the conditions for environmental
monitoring services of the organization.
9. Monitor, summarize and
report information on environmental monitoring services of organizations that
have been granted certificates of eligibility for environmental monitoring
services to competent authorities
10. Continuously make,
post and update the list of organizations that are eligible for environmental
monitoring services on the website of the Ministry of Natural Resources and
Environment and the appraising agency.
11. Perform other tasks
regarding appraisal, issuance and adjustment of the content of the certificate
of eligibility for environmental monitoring services.
Article
51. Working principles of the appraisal council for granting and adjusting
contents of certificates of eligibility for environmental monitoring services
1. The activities of
appraisal council shall only be carried out when the organization has paid the
fee for appraisal of eligibility for environmental monitoring services
according to regulations of the law.
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3. The appraisal council
shall work on the principle of public discussion with the members of the
appraisal council, competent representative of the organization requesting for
granting or adjusting the contents of certificate of eligibility for
environmental monitoring services.
4. Actual assessment and
inspection: the members of the appraisal council shall be responsible for
accurately and objectively appraising and assessing the conditions for
environmental monitoring services according to regulations of Article 49 of
this Circular; making assessment and inspection sheets at the organization
according to regulations of Form No. 02, Appendix IV issued with this Circular
and making a record of assessment and inspection at the organization according
to the regulations of Form No. 03, Appendix IV issued with the Circular.
5. The meeting of
appraisal council:
a) The Council shall
carry out appraisal and assessment of the conditions for environmental
monitoring services of the organization according to relevant records,
documents and results of actual assessment and inspection at the organization;
b) The official meeting
of the appraisal council shall only be conducted when the following conditions
are fully satisfied: There must be at least 2/3 (two thirds) of total council
members attending the meeting (online or offline). In particular, there must be
an chairperson or a vice-chairperson (who is authorized by the chairperson in
his/her absence), competent representative or an authorized person of the
organization requesting for granting or adjusting the certificate of
eligibility for environmental monitoring services;
c) The council members
who are absent in official meeting may send written comments before the meeting
of the council. Their comments shall be considered as the comments of members
who attend the meeting but do not write appraisal sheets.
d) The chairperson (or
the vice-chairperson who is authorized by the chairperson in his absence) and
the secretary shall be responsible for signing the minutes of meeting the
appraisal council of conditions for environmental monitoring services.
dd) The council members
shall be responsible for writing comments and assessment, appraisal sheets at
the official meeting of the appraisal council according to regulations of Forms
No. 04 and 05, Appendix IV issued together with this Circular;
e) In addition to the
responsibilities specified at Points d and dd of this Clause, the secretary
shall be also responsible for making the minutes of meeting of the appraisal
council according to regulations of Form No. 06, Appendix IV issued together
with this Circular. In case of the secretary’s absence, he/she shall notify the
chairperson of the council in order to appoint for a council member to act as
the secretary of the meeting.
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Article
52. Report on meeting technical requirements for automatic and continuous
environmental monitoring before information disclosure to the community
1. The agencies,
organizations and individuals that perform automatic and continuous monitoring
of environmental quality specified in Clause 4, Article 96 of Decree No.
08/2022/ND-CP shall be responsible for making and sending reports on meeting
technical requirements for environmental monitoring before disclosing
information to the community and state management agencies specified in Clause
6, Article 96 of Decree No. 08/2022/ND-CP.
2. The report on meeting
technical requirements on environmental monitoring before disclosing information
to the community shall be prepared according to regulations of Form No. 07,
Appendix IV issued together with this Circular.
Article
53. Environmental monitoring during petroleum extraction activities
1. Environmental
monitoring of petroleum exploration drilling activities at sea:
a) The petroleum
organizations that only use water-based drilling fluids in petroleum
exploration drilling activities at sea shall not monitor the impacts of
exploration drilling activities before and after drilling completion;
b) The petroleum
organizations that perform petroleum exploration drilling activities using
non-aqueous drilling mud in an area that is not further than 03 nm,
environmentally sensitive area or using water-based drilling mud for the first
time in Vietnam shall monitor the impacts of exploration drilling activities
once before implementing the exploration drilling program and once a year from
the end of exploration drilling activities.
2. Environmental
monitoring of petroleum development drilling activities at sea:
a) Environmental
monitoring of works or cluster works: Monitor the impacts of drilling
activities once before petroleum development drilling activities. The first
time of environmental monitoring shall be within 01 year from the time of
collection of the first commercial oil or gas flow from the field. Periodically
monitor every 3 years from the time of implementation of the first monitoring
program after petroleum development drilling;
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c) Location, time,
frequency and indices of environmental monitoring of petroleum activities at
the sea shall comply with regulations of Form No. 08, Appendix IV issued with
this Circular.
Article
54. Written notification of exemption from periodical monitoring of the project
or establishment; notification of the monitoring result of the project or
establishment exceeding environmental technical regulations
1. Written notification
of exemption from periodical monitoring of the project or establishment
according to regulations of Form No. 09, Appendix IV issued with this Circular.
2. Written notice of
monitoring result of the project or establishment exceeding environmental
technical regulations according to regulations of Form No. 10, Appendix IV
issued with this Circular.
Section
2. ENVIRONMENTAL INFORMATION SYSTEM, DATABASE
Article
55. General requirements of environmental information system and database
1. Fully implement
regulations of the Government’s Decree No. 47/2020/ND-CP dated April 9, 2020 on
management, connection and sharing of digital data of regulatory agencies;
architectural framework for Vietnamese e-government, ministerial e-government
architectural, applicable e-government architectural of province
2. Fully implement
regulations from Article 103 to Article 107 of Decree No. 08/2022/ND-CP.
3. Meet the basic
objectives for management of collection, process, storage and sharing of
environmental information and data; publication of open data in environment
sector; support the management and administration on the electronic environment
of state agencies in environment sector; expand information system and database
according to management requirements of local agencies or ministries and
ministerial authorities ; encourage the use and development of environmental
information system on sharing digital platforms of the Ministry of Natural
Resources and Environment.
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5. Ensure information
security in operation and connection activities; capability to manage account
and authenticate centrally.
Article
56. Basic functions of an environmental information system
1. Basic functional
groups of an environmental information system:
a) Manage and publish the
list of environmental information; provide environmental information and
description of environmental information;
b) Manage and publish the
list of open data in environment sector;
c) Manage the sharing
electronic list to ensure synchronization with the information system for
managing the sharing electronic list of state agencies for the purpose of the
development of Vietnamese e-Government; sharing electronic lists of ministries
and ministerial authorities ; local authorities; at the same time manage the
electronic lists in the internal system;
d) Manage the system of
reports on environmental protection at all levels and reports on environmental
protection in production, trade and service activities according to regulations
of the law on environmental protection;
dd) User administration:
set up and administrate a group of users and users, decentralize rights
according to process and function of system;
e) Interconnect and integrate
environmental between information systems of ministries and ministerial
authorities , provincial agencies and the national environmental information
system according to regulations on connection and sharing of information
between databases at all levels.
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Article
57. Technical requirements for environmental information system
1. The assurance of
information security of the environmental information system shall comply with
the regulations of the Government's Decree No. 85/2016/ND-CP dated July 1, 2016
on information system security according to levels, Circular No.
03/2017/TT-BTTTT dated April 24, 2017 of the Minister of Information and
Communications on guidelines for the Government’s Decree No. 85/2016/ND-CP and
relevant national technical regulations and standards.
2. Technical requirements
for connection, sharing and interoperability between environmental databases of
national authorities, ministries, ministerial authorities and provincial
authorities on the environmental information system shall comply with
regulations of Article 58 of this Circular
3. Technical requirements
for the environmental information system shall comply with regulations of
technical specifications of the Public Service Portal and the electronic
one-stop information system of ministries and provinces specified in Appendix V
Circular No. 22/2019/TT-BTTTT dated December 31, 2019 of the Minister of
Information and Communications on functional criteria and technical features of
the Public Service Portal and the electronic one-stop information system of
ministries and provinces.
Article
58. Requirements for connection, sharing and interoperability between
environmental databases of national authorities, ministries, ministerial
agencies and provincial agencies
1. Ensure connection,
sharing and interoperability between environmental databases at all levels
according to regulations of the law on Environmental Protection and the
Government’s Decree No. 47/2020/ND-CP dated April 9 2020 on the management,
connection and sharing of digital data of regulatory agencies.
2. Conform to the
requirements and technical standards of connection of information systems and
databases with the national database specified in the Circular No.
13/2017/TT-BTTTT dated June 23, 2017 of the Minister of Information and
Communications on technical requirements for connection of information systems
and databases with national databases; technical standards of application of
information technology in state agencies specified in Circular No.
39/2017/TT-BTTTT dated December 15, 2017 of the Minister of Information and
Communications on the List of technical standards for application of
information technology in regulatory authorities, national technical
regulations on identifier code structure and data format of message for
interconnection of document management and administration systems specified
Circular No. 10/2016/TT-BTTTT dated April 1, 2016 of the Minister of
Information and Communications on national technical regulations on identifier
code structure and data format of message for interconnection of document
management and administration systems
3. Connect and share
online data on the network through data services of environmental databases at
all levels; ensure regular sharing and update on the national environmental
database.
4. Shared data shall
include default shared data and shared data on a case-by-case basis. Default
shared data shall comply with regulations of Article 62 of this Circular.
Shared data on a case-by-case basis shall comply with separate requirements of
state management agencies in charge of environmental protection at all levels.
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1. Environmental database
management agencies of ministries, ministerial authorities and provincial
authorities shall be responsible for the accuracy and timeliness of updating
provided information and data on the national environmental database. .
2. Connection, sharing
and interoperability between environmental databases of ministries, ministerial
authorities and provincial authorities and the national environmental database
shall be carried out through a connection account with the form of
identification and authentication in accordance with regulations of the law.
3. Creation, modification
and deletion of information and data shall be archived with the ability to
trace messages that have been authenticated by digital signatures on shared
data between environmental databases.
4. The integrity of data
shall be guaranteed throughout connection and sharing between environmental
databases of ministries, ministerial authorities and provincial authorities
with the national environmental database. In case the integrity is not
guaranteed, information and data shall be updated from the original database
before re-connection and re-sharing.
5. Open data that is
provided by environmental data and information management agencies shall be
used according to regulations of the Government's Decree No. 47/2020/ND-CP
dated April 9, 2020 on management, connection and sharing of digital data of
regulatory agencies.
6. Environmental
information and data shall be subject to protection of copyright and related
rights according to regulations of the law on Intellectual Property.
Environmental data information shall be used according to regulations of the
Law on intellectual property and Article 101 of Decree No. 08/2022/ND-CP.
Article
60. Basic information and data of the environmental database
1. Basic information and
data of environmental databases of national and provincial authorities shall
comply with regulations of Form No. 01, Appendix V issued with this Circular.
2. The governing body of
the national and provincial environmental database shall decide information
expansion in order to manage environment database according to basic
information and data of the environmental database specified in Clause 1 of
this Article and management requirements,
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4. The National
Environmental Database Management and Operation Agency shall be responsible for
development of detailed technical guidelines for construction of the
environmental database.
Article
61. Common schedule data of environmental database
1. Common schedule data
refers to data on schedules and classification tables used commonly in
environmental database to ensure synchronized data integration, exchange and
sharing. Common schedule data shall contain:
a) Common schedule data
of the common electronic schedule management information system of the state
agencies for the purpose of the development of the e-Government of Vietnam;
b) Common schedule data
of the natural resources and environment sector; common schedule data of
environmental sector.
2. The National
Environmental Database Management and Operation Agency shall uniformly manage
and periodically update common schedule data according to actual requirements.
3. Common schedule data
of environmental database at all levels shall comply with regulations of Form
No. 02, Appendix II issued with this Circular.
4. Common schedule data
shall be shared with the common electronic schedule management information system
of state agencies for the purpose of the development of Vietnam's e-Government.
Article
62. Default shared data of the environmental database
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2. Environmental master
data refers to data containing the most basic information for the purpose of
identification and authentication the core management objects in the
environmental database.
3. Metadata refers to
data that describes the characteristics, scope, and origin of data the
environmental database. Metadata shall comply with the technical guidance of
the Ministry of Natural Resources and Environment and relevant applicable
technical guidance on metadata.
4. The National
Environmental Database Administration and Operation Agency shall prescribe
identifier code structure of master data, uniformly use all environmental
databases at all levels and ensure uniqueness for each object of master data.
5. Default shared data of
environmental databases at all levels shall include common schedule data
specified in Article 61 of this Circular, master data and other default shared
data specified in Form No. 03 Appendix V issued together with this Circular.
Section
3. ENVIRONMENTAL PROTECTION REPORT
Article
63. Making of an environmental protection report
1. The People's Committee
of district shall make an environmental protection report according to regulations
of Form No. 01, Appendix VI issued together with this Circular.
2. The management board
of an economic zone, export processing zone, hi-tech park or industrial park
shall make an environmental protection report according to regulations of Form No.
02, Appendix VI issued together with this Circular.
3. The People's Committee
of province shall direct the Department of Natural Resources and Environment to
take charge and cooperate with relevant provincial authorities in making an
environmental protection report according to regulations of Form No. 03 of the
Appendix. VI issued together with this Circular.
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5. The Ministry of
Natural Resources and Environment shall make an environmental protection report
and submit it to the Government for reporting to the National Assembly
according to the following order:
a) Make a draft of
environmental protection report in the whole country as the basis for
assessment and synthesis of the results of environmental protection of
ministries, ministerial agencies and the People's Committees of provinces.
b) Collect opinions of
ministries, ministerial agencies and the People's Committees of provinces on
the draft of environmental protection report in the whole country;
c) Research, absorb and
explain comments and suggestions, complete the draft of report and submit it to
the Government for reporting to the National Assembly according to regulations.
Article
64. Assessment of the results of environmental protection
1. According to assigned
environmental protection tasks, the ministries and ministerial agencies shall
self-assess the results of environmental protection; make reports on the
performance of their environmental protection tasks and send the reports to the
Ministry of Natural Resources and Environment before February 15 every year in
order to summarize and submit to the Government for reporting to the National
Assembly.
2. The assessment of the
results of environmental protection of the People's Committee of province shall
comply with the following regulations:
a) The Ministry of
Natural Resources and Environment shall provide a set of indices and guiding
documents on the assessment of the result of environmental protection of the
People's Committee of province according to environmental protection
requirements and state management tasks in environmental protection in each
period;
b) The People's Committee
of province shall self-assess the result of environmental protection according
to a set of indices and guiding documents on the assessment of the result of
environmental protection, take responsibility for the accuracy and sufficiency
of information, data and self-assessment results;
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d) The Ministry of
Natural Resources and Environment shall establish a council to assess the
result of environmental protection of the People's Committee of province. The
members of the council shall include the representatives of ministries,
ministerial authorities, agencies, organizations, relevant experts and
scientists;
dd) According to the
assessment results of the council, the Ministry of Natural Resources and
Environment shall summarize, approve and publish the assessment result of
environmental protection of the People's Committee of province.
Article
65. Forms and methods of sending environmental protection reports
1. An environmental
protection report shall be presented in one of the following forms:
a) Physical report with
signature of the authorized person and stamp of the unit and electronic report
(file.doc). The datasheets attached to the report shall be borne the
overlapping seal. The written reports shall be sent by methods specified at
Points c, d, dd, and e, Clause 2 of this Article.
b) Electronic report in
the format that is prescribed by the competent state agency or digitized from
written report with electronic signature of the competent person and electronic
stamp of the unit. The electronic reports shall be sent by methods specified at
Points a and b, Clause 2 of this Article.
2. The reports shall be
sent to the receiving agency by:
a) National documentation
system
b) Information and
reporting system of the local authorities and the Ministry of Natural Resources
and Environment;
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d) Post
dd) Fax;
e) Email;
g) Other methods
according to regulations.
Article
66. Contents, forms and time of sending environmental protection reports in
production, trade and service activities
1. Contents of
environmental protection reports:
a) The contents of an
environmental protection report of the owner of investment project or
production, trade and service establishment subject to environmental license
shall comply with regulations of Form No. 05.A, Appendix VI issued together
with this Circular;
b) The contents of an
environmental protection report of the owner of investment project or production,
trade and service establishment subject to environmental registration shall
comply with regulations of Form No. 05.B, Appendix VI issued together with this
Circular; The owner of investment project or production, trade and service
establishment subject to exemption from environmental registration specified in
Article 32 of Decree No. 08/2022/ND-CP shall not make an environmental
protection report;
c) The contents of an
environmental protection report of the investor of project on infrastructure
construction and trade in concentrated production, trade, service zone or
industrial cluster shall comply with regulations of Form No. 06, Appendix VI
issued together with this Circular;
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3. Forms of an
environmental protection report: An environmental protection report shall be
presented in one of the following forms:
a) Physical report with
signature of the authorized person and stamp of the unit; electronic report
(file.doc). The datasheets attached to the report shall be borne the
overlapping seal. The reports in this form shall be sent by methods specified
at Points b, c, d Clause 4 of this Article.
b) Electronic report in
the format that is prescribed by the competent state agency or digitized from
written report with electronic signature of the competent person and electronic
stamp of the unit. The electronic reports shall be sent by methods specified at
Points a and dd, Clause 4 of this Article.
4. The reports shall be
sent to the receiving agency by:
a) Environmental
information systems at all levels or other local information systems;
b) In person;
c) Post;
d) Fax;
dd) Email;
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5. Sending an environmental
protection report:
a) The owner of the
project or production, trade and service establishment shall send the
environmental protection reports to the following agencies, including
environmental licensing agency (the subjects specified in Point a, Clause 1 of
this Article); the environmental registration agency (the subjects specified at
Point b, Clause 1 of this Article); Department of Natural Resources and
Environment (where the project or the production, trade and service
establishment is located); the People's Committee of District; the investor of
the project on construction and trade of technical infrastructure in a
concentrated production, trade and service zone or an industrial cluster (the
establishments that are located in economic zones, concentrated production,
trade and service zones) or industrial clusters);
b) The investors of the
projects on construction and trade of technical infrastructure in concentrated
production, trade and service zones shall send environmental protection reports
to agencies specified in Point m, Clause 4, Article 51 of the Law on
Environmental Protection;
c) The investors of the
projects on construction and trade of technical infrastructure in industrial clusters
shall send environmental protection reports to agencies specified in Point l,
Clause 3, Article 52 of the Law on Environmental Protection;
6. The owner of the
project or the production, trade and service establishment and the investor of
construction and trade of technical infrastructure in a production, trade and
concentrated service zone and an industrial cluster shall be responsible for
sending reports according to regulations of Clauses 1, 2, 3 and 4 of this
Article and keeping the documents regarding reports at the facility for the
purpose of comparison of the competent state agency in case of inspection.
7. The owner of the
project or the production, trade and service establishment and the investor of construction
and trade of technical infrastructure in a production, trade and concentrated
service zone and an industrial cluster shall be responsible for periodically
reporting environmental protection according to regulations of Clauses 1, 2, 3,
4, 5 and 6 of this Article. The unscheduled reports on environmental protection
shall be carried out according to the request of competent state agencies.
Section
4. STATE OF THE ENVIRONMENT REPORT
Article
67. Measures for making of state of the environment report
1. The national and local
state of the environment reports shall be made according to the Driving force -
Pressure - State - Impact - Response model (DPSIR model). The DPSIR model means
a model describing the reciprocal relationship between Driving force - D
(socio-economic development, underlying causes of environmental changes) -
Pressure - P (direct discharges and emissions polluting and degrading the
environmental) - State - S (the state of environmental quality) - Impact - I
(impact of environmental pollution on public health, socio-economic development
and ecological environment) - Response - R (the state and societal responses to
environmental protection).
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Article
68. Responsibilities and funding for making state of the environment reports
1. Responsibilities for
making state of the environment report
a) The agency assigned to
make state of the environment report under the Ministry of Natural Resources
and Environment shall assist the Ministry of Natural Resources and Environment
in making general report and thematic report on national state of the
environment according to regulations of Clause 2, Article 2 of Law on
Environmental Protection;
b) The Department of
Natural Resources and Environment shall assist the People's Committee of
province in making general report and thematic report on local state of the
environment according to regulations of Clause 2, Article 120 of the Law on
Environmental Protection.
2. Funding for making
general report and thematic report on state of the environment shall be
withdrawn from the environmental non-business budget according to applicable
regulations.
Article
69. Making of state of the environment report
1. Proposal and approval
for thematic report on the environment:
a) The agency assigned to
make state of the environment report under the Ministry of Natural Resources
and Environment shall propose and submit the report to the Ministry of Natural
Resources and Environment for approval for thematic report on the national
environment before the year in which it is made according to pressing issues
about the environment and state management of the environment <0}
b) The Department of
Natural Resources and Environment shall propose and submit the report to the
People's Committee of province for decision on the topic of thematic report on
the local environment before the year in which it is made according to pressing
issues about environment and state management of local environment.
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a) The general report and
thematic report on national state of the environment, general report and
thematic report on local state of the environment that are all approved;
b) The Statistical
Yearbook of the country, ministries and local governments
c) Results of the
environmental monitoring programs;
d) Relevant ministries,
ministerial authorities, provincial authorities;
dd) Other sources:
results of scientific research programs or scientific research projects at
state, ministerial and provincial levels that are all approved
e) The programs on
surveys and additional investigations on thematic environmental issues for the
provision of data for the making of state of the environment report
3. Consultation with
relevant parties about the draft of report:
a) The agency assigned to
make state of the environment report under the Ministry of Natural Resources
and Environment and the Department of Natural Resources and Environment may
choose one or more forms of consultation, including expert meetings; seminars
for consultation between relevant entities, agencies and organizations; written
request for opinions according to the actual situation.
b) Written request for
opinions specified at Point a of this Clause: The draft of national state of
the environment report shall be sent to ministries, ministerial authorities,
the People's Committee of province and and relevant entities. The draft of
local state of the environment report shall be sent for the purpose of request
for opinions from relevant provincial authorities, local agencies and
organizations.
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1. The main contents of a
state of the environment report shall comply with regulations of Clause 3,
Article 120 of the Law on Environmental Protection.
2. Format and contents of
the general report and thematic report on national and local state of
environment shall comply with regulations of Forms No. 07 and 08, Appendix VI
issued together with this Circular.
3. During the reporting
process, the irrelevant contents may be excluded; the order may be changed as
long as the mandatory information specified in Clause 3, Article 120 of the Law
on Environmental Protection shall be included according to actual situation
Article
71. Report submission and approval
1. The agency assigned to
make state of the environment report under the Ministry of Natural Resources
and Environment shall submit the report to the Minister of Natural Resources
and Environment for approval for national state of the environment report and
thematic report on the national environment.
2. The Department of
Natural Resources and Environment shall submit the report to the People’s
Committee of province for approval for report on local state of the environment
and thematic report on local environment
Chapter
VI
OTHER CONTENTS
Article
72. Making and approval for plan for environmental remediation after
environmental incidents
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2. The making and
approval for the plan for environmental remediation after environmental
incidents at provincial, district and national levels shall comply with
regulations of Clause 2, Article 126 of the Law on Environmental Protection.
Article
73. Contents of environmental remediation plan
1. The environmental
remediation plan shall include all contents specified in Clause 3, Article 126
of the Law on Environmental Protection.
2. The contents of
assessment of state of the environment after environmental incidents shall
include:
a) Scope, nature (type),
pollution level of surface water, groundwater (if any) of the incident area;
b) Scope, nature (type),
pollution level of soil environment (if any) of the incident area;
c) Area and coverage of natural
forest ecosystem, coral reef, seagrass bed (if any) of the incident area.
3. The survey and
assessment of state of the environment after environmental incidents shall be
carried out as follows:
a) The survey and
assessment of the scope, nature (type), pollution level of surface water and
groundwater (if any) shall be carried out through an environmental quality
monitoring program in accordance with regulations on environmental monitoring
technology;
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c) The survey and
assessment of state of natural forest ecosystem, coral reef and seagrass bed
shall comply with regulations of the law on biodiversity, forestry and
fisheries.
4. Measures for
environment remediation shall meet the following requirements:
a) The measures for
remediation of environment quality of surface water and underground water shall
be suitable for the nature, extent and scope of pollution of the water source;
b) The measures for
remediation of environment pollution shall comply with regulations of Clauses 1
and 2, Article 17 of Decree No. 08/2022/ND-CP;
c) The measures for
remediation of area and coverage of natural forest ecosystem, coral reef and
seagrass bed shall comply with regulations of the law on biodiversity, forestry
and fisheries.
5. The management,
monitoring and supervision program throughout the duration of environmental
remediation shall ensure the monitoring of environmental quality change in each
stage of environmental remediation and be carried out as follows:
a) The monitoring and
supervision of environmental quality of surface water and groundwater shall
comply with regulations on environmental monitoring technology;
b) The monitoring and
supervision of soil environment quality shall comply with regulations of Point
e, Clause 2, Article 17 of Decree No. 08/2022/ND-CP;
c) The monitoring and
assessment of the area and coverage of natural forest ecosystem, coral reef and
seagrass bed shall comply with regulations of the law on biodiversity, forestry
and fisheries.
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1. The agencies,
organizations and individuals carrying out the environmental remediation plan
shall be responsible for making a report on the completion of the plan for
environmental remediation and sending the report to the agency for approval for
plan after the completion of all contents and requirements. The report on the
result of the environmental remediation shall be the basis for approval for the
plan for consideration and acceptance of the completion of the environmental
remediation of the agency
2. The inspection,
supervision and acceptance of the completion of the environmental restoration
shall comply with regulations of Clause 4, Article 126 of the Law on
Environmental Protection.
Article
75. Document forms on payment for natural ecosystem services
1. Contract for payment
for natural ecosystem services in the form of direct payment according
regulations of Form No. 01, Appendix VII issued with this Circular.
2. Contract for payment for
natural ecosystem services by authorizing the Environmental Protection Fund of
province and the Vietnam Environmental Protection Fund according to regulations
of Form No. 02, Appendix VII issued with this Circular.
3. Plan for payment for
natural ecosystem services by authorizing the user according to regulations of
Form No. 03, Appendix VII issued with this Circular.
4. Declaration on payment
for natural ecosystem services in form of authorization according to
regulations of Form No. 04, Appendix VII issued with this Circular.
5. Summary of plan for
payment for natural ecosystem services in the form of authorization of
organizations and individuals who use natural ecosystem services according to
regulations of Form No. 05, Appendix VII issued together with this Circular.
6. Plan for collection
and payment for natural ecosystem services in form of authorization according
to regulations of Form No. 06, Appendix VII issued together with this Circular.
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8. Written notification
of the authorized agency that is sent to the supplier about payment for natural
ecosystem services according to regulations of Form No. 08, Appendix VII issued
together with this Circular.
Article
76. The Vietnam Ecolabel criteria
1. The Vietnam Ecolabel
Criteria shall be established according to assessment of the impact of the
entire life cycle of products and services from the process of material
extraction, production, distribution, use and recycling after disposal that is
less harmful to the environment than that of similar products. The contents of
the Vietnam ecolabel criteria shall comply with regulations of Form No. 01,
Appendix VIII issued with this Circular.
2. The assessment of
environmentally friendly products and services which are announced according to
each group of products and services shall meet the Vietnam ecolabel criteria
Article
77. Assessment of products and services that meet Vietnam Ecolabel criteria
1. The assessment of
products and services that meet the Vietnam Ecolabel criteria shall be carried
out according to the following order: establishment of an assessment council;
actual survey; assessment council meeting; assessment of the conformity with
the Vietnam Ecolabel criteria, if necessary.
2. There must be at least
07 members of an assessment council, including: a chairperson, vice-chairperson
(s) and a secretary that are officials of the agency assigned to assess. The
members shall be representatives of relevant ministries, ministerial
authorities, experts with expertise and experience in environment sector or
products and services that are requested for certification.
3. The council may only
hold a meeting for the purpose of assessment of the application for
certification of the Vietnam Ecolabel if there is at least 2/3 (two thirds) of
the members of council in the meeting.
4. The report on the
results of the assessment of the application for certification of products and
services that meet the Vietnam Ecolabel criteria, the decision on establishment
of the council, written comments of the council members and the minutes of
meeting of the assessment council shall comply with regulations of Forms No.
02, 03, 04 and 05, Appendix VIII issued together with this Circular.
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1. Registration of plan for recycling of product and packaging
according to regulations of Form No. 01, Appendix IX issued with this Circular.
2. Report on recycling result of product and packaging
according to regulations of Form No. 02, Appendix IX issued with this Circular.
3. Declaration form of contribution to recycling according to
regulations of Form No. 03, Appendix IX issued with this Circular.
4. Declaration form of contribution to waste treatment
according to regulations of Form No. 04, Appendix IX issued with this Circular.
5. Application for financial support for recycling activities
according to regulations of Form No. 05, Appendix IX issued with this Circular.
6. Application for financial support for waste treatment
activities according to regulations of Form No. 06, Appendix IX issued with
this Circular.
7. List of products and goods produced and sold domestically
in year N-1 according to regulations of Form No. 07, Appendix IX issued with
this Circular This list shall be sent to manufacturers and attached to Forms
No. 01, 03 and 04, Appendix IX issued together with this Circular.
8. List of imports in year N-1 according to regulations of
Form No. 08, Appendix IX issued with this Circular This list shall be sent to
importers and attached to Forms No. 01, 03 and 04, Appendix IX issued together
with this Circular.
9. Recycling specifications of products and packaging in year
N-1 according to regulations of Form No. 09, Appendix IX issued with this Circular
This declaration shall be submitted together with Forms No. 01 and 03, Appendix
IX issued together with this Circular.
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Article
79. Submission and receipt of registration of plan for recycling, report of
recycling results, declaration form of contribution; an account for receipt of
contributions to financial support for recycling and waste treatment activities
1. Receipt of
registration of recycling plans, report on recycling results of product and packaging
at the Ministry of Natural Resources and Environment, No. 10 Ton That Thuyet,
Nam Tu Liem District, Hanoi City.
2. Receipt of declaration
form of contribution to recycling and waste treatment at Vietnam Environmental
Protection Fund, No. 85 Nguyen Chi Thanh, Dong Da District, Hanoi City.
3. The receiving account
and transfer content of contributions to financial support for recycling:
Name of account: Vietnam
Environment Protection Fund;
Account number:
202266999;
Vietnam International
Joint Stock Commercial Bank (VIB Dong Da);
Transfer content: the
name of the manufacturer, importer and taxpayer identification number.
4. The receiving account
for contributions to financial support for waste treatment:
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Account number:
202266888;
Vietnam International
Joint Stock Commercial Bank (VIB Dong Da);
Transfer content: the
name of the manufacturer, importer and taxpayer identification number.
Article
80. Decision on inspection of the observance of the Law on Environmental
Protection
Decision on inspection of
the observance of the Law on Environmental Protection shall comply with
regulations of Appendix X issued together with this Circular.
Article
81. Statistics, monitoring and publication of resources that are spent on
environmental protection
1. The statistics and
monitoring of resources that are spent on environmental protection shall comply
with regulations of Circular No. 20/2018/TT-BTNMT dated November 8, 2018 of the
Minister of Natural Resources and Environment on statistical report regime for
natural resources and environment sector.
2. The publication of
resources that are spent on environmental protection shall be carried out in
the same period of the notification of statistical indices of the natural
resources and environment sector.
Chapter
VII
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Article
82. Amendments to a number of articles of Circular No. 76/2017/TT-BTNMT dated
December 29, 2017 of the Minister of Natural Resources and Environment on
assessment of the carrying capacity for wastewater receiving and carrying of
water sources of rivers and lakes
1. Clause 1 Article 7 is
amended as follows:
”1. The capacity for
wastewater receiving and carrying capacity of each segment of rivers and lakes
shall be assessed according to each index, including: COD, BOD5, Ammonium,
Total Nitrogen, Total Phosphorus and indices specified in Clause 2 of this
Article.”
2. Article 9 is amended
as follows:
Article 9. Assessment of
the capacity for wastewater receiving and carrying capacity of rivers
1. The principle of
assessment of the capacity for wastewater receiving and carrying of rivers:
The carrying capacity for
wastewater receiving and carrying of rivers shall depend on the pollutants that
are concerned, the flow and load of pollutants passing through the segment of
rivers and the purpose of using the water source. The measure for assessment of
the capacity for wastewater receiving and carrying capacity of rivers shall be
implemented according to the general formula of the relationship between point
sources, area sources, natural sources and load of pollutants lost due to
changes in rivers and the load of pollutants at 2 cross sections of segments at
a day of the year:
Dp + Ldiff
+ LB - NP = Ly - Ly0
In which:
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b) Ldiff:
total load of pollutants of area sources discharged into the segment (kg/day);
c) LB: natural background
load of pollutants discharged into the segment (kg/day);
b) NP: load of pollutants
lost due to changes in the segment (kg/day);
dd) Ly, Lyo:
load of pollutants at 2 cross sections of downstream and upstream of the
segment (kg/day);
2. Construction of
calculation scenarios:
a) A base scenario: flow of
river according to the minimum flow (specified in Clause 2, Article 10 of this
Circular), the load of pollutants at cross section of upstream that is the load
of the indices of existing water quality in the water source of the segment
according to regulations of Article 11 of this Circular, the load of pollutants
at cross section of downstream of the segment that is the maximum load of the
indices of surface water quality according to regulations of Article 10 of this
Circular;
b) Scenarios for the
entire load of the river segment;
c) Scenarios according to
requirements for water quality in the future.
In case the quality of
water and other conditions correspond to the base scenario, the carrying
capacity for wastewater receiving and carrying of rivers shall be calculated
according to the following methods specified in Clauses 3 and 4 and 5.
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Formula: Ltn = (Ltd -
Lnn) x Fs
In which:
a) Ltn: the
capacity for wastewater receiving and carrying capacity of each pollution index
(kg/day)
b) Ltd: the
maximum load of each index of the quality of the surface water according to
regulations of Article 10 of this Circular (kg/day);
c) Lnn: the
load of each index of the quality of the existing water in the source of water
of the segment according to regulations of Article 11 of this Circular
(kg/day);
d) Fs: The
factor of safety that is considered and selected in the range from 0.7 to 0.9
on the basis of the complete, reliable and accurate information and data used
for assessment of the competent authority for approval for the capacity for
wastewater receiving and carrying capacity specified in Clause 1, Article 15 of
this Circular for consideration and decision.
4. Indirect assessment:
Formula: Ltn = (Ltđ - Lnn
- Ltt) x Fs + NPtđ
In which:
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b) Ltd, Fs:
according to regulations of Points b, d, Clause 3 of this Article;
c) Lnn: the load of
indices of the quality of the existing water in source of water of the segment
according to regulations of Article 11 of this Circular (kg/day);
d) Ltt: the
load of pollution indices in source of wastewater according to regulations of
Article 12 of this Circular (kg/day);
dd) NPtd: the
maximum load of pollution indices that are lost due to changes in the segment
(kg/day); The value of NPtd depends on each pollutant. This value
can be 0 for the pollutant that has a reaction to reduce this pollutant.
5. Model:
The competent authority
shall approve the capacity for wastewater receiving and carrying capacity
specified in Clause 1, Article 15 of this Circular for consideration and
decision on the selection of suitable models for assessment according to the
flow characteristics of the segment, river or entire river system, information
and data on the flow, water quality and waste sources The model of assessment
shall be adjusted and inspected before making
6. The assessment results
shall meet the requirements specified in Clauses 1 and 2, Article 14 of this
Circular.”
3. Article 12 is amended
as follows:
“ Article 12. Determination of the load of pollution
indices in source of wastewater
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The formula of the total
load of pollution indices in the wastewater source shall be Ltt = Lt + Ld + Ln.
2. Formula of the load of
pollutants from point sources:
Lt = Ct x Qt x 86,4
In which:
a) Ct: the
analysis result of pollution indices in wastewater source according to
regulations of Clause 2 of this Article, (mg/L)
b) Qt: the maximum flow
of the wastewater source according to regulations of Clause 2 of this Article,
(mg/L)
c) 86,4 is the
conversation factor.
3. The analysis result of
pollution indices in the wastewater source shall be calculated as average value
of the analysis results of at least 10 wastewater samples with sampling frequency
of 03 days/sample. In case the wastewater source was monitored according to
regulations of law, this monitoring data shall be considered to assess.
4. The maximum flow of a
wastewater source shall be determined on the basis of the result of monitoring
of the flow of the wastewater source according to regulations of the law or the
maximum flow that is recorded discharge license or the environmental license,
legal documents on environmental protection that are promulgated by competent
authorities.
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6. The values of Ld
and Ln shall be determined on the basis of aggregate consideration
according to material balance equation specified in Clause 1, Article 9 of this
Circular and correspond to the flow of water corresponding to the basic
scenario specified in Clause 2, Article 9 of this Circular.
7. In case the
socio-economic development planning has identified the source of wastewater,
the flow and pollution indices expected to be discharged into the assessed
segment, the load of each pollution indices shall be considered and
additionally determined. The value of each pollution indice for the purpose of
assessment shall be determined according to the limit value specified in the
technical regulation on wastewater.”
4. Clause 2 Article 15 is
amended as follows:
“2. The Ministry of Natural Resources and Environment shall
investigate, assess the carrying capacity for wastewater receiving and carrying
of rivers and lakes that are inter-provincial and inter-national water sources
and collect opinions from the Ministries of Industry and Trade; Agriculture and
Rural Development; Transport, Construction, Culture, Sports and Tourism, the
People's Committee of province and relevant agencies and units.”
5. Clause 2 Article 16 is
amended as follows:
“2. The assessment of the capacity for wastewater receiving
and carrying capacity of rivers and lakes shall be carried out according to the
period of plan for management of the quality of surface water in accordance
with the Law on Environmental Protection or approved by the competent authority
specified in Clause 1, Article 15 of this Circular for consideration and
decision on the re-assessment of the capacity for wastewater receiving and
carrying capacity of the water source in case of the following cases:
a) There is an adjustment
to the socio-economic development planning regarding the purpose of using water
and discharging wastewater into water sources;
b) There are works and
projects on extraction, use of water and discharge of wastewater into new water
sources that make big changes to the flow regime and the water quality of
rivers and lakes;
c) At the request of the
competent state agency.”
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1. The hazardous waste
codes including no.01 04 07, 02 05 01, 03 01 08, 03 02 08, 03 03 08, 03 04 08,
03 05 08, 03 06 08, 03 07 08, 04 02 04, 10 02 03 , 12 06 06, 12 06 07, 12 06
08, 12 07 05 in the list of codes of hazardous wastes attached to Circular No.
36/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and
Environment on management of hazardous wastes shall be replaced by the
hazardous waste codes no. 12 06 05 specified in Form No. 01, Appendix III
issued together with this Circular.
2. The establishment that
registered with the owner of source of hazardous waste with hazardous waste
codes specified in Clause 1 of this Article before the effective date of this
Circular may be allowed to continue to use these hazardous waste codes and
transfer to hazardous waste treatment facility that is licensed to handle
hazardous waste code No. 12 06 05 until the establishment has environmental
license or environmental registration
3. The establishment that
is granted hazardous waste treatment license(component environmental license)
with hazardous waste codes specified in Clause 1 of this Article before the
effective date of this Circular may be allowed to continue to collect and treat
these hazardous waste codes and hazardous waste codes no.12 06 05 until the
component environmental license expires.
4. From the effective
date of this Circular, the owner of source of hazardous waste and hazardous
waste treatment facility shall use hazardous waste codes no.12 06 05 for waste
codes specified in Clause 1 of this Article.
Article
84: Entry into force
1. This Circular comes
into force as of January 10, 2022.
2. From the effective
date of this Circular, the following circulars will expire:
a) Circular No. 19/2015/TT-BTNMT
dated April 23, 2015 of the Minister of Natural Resources and Environment
detailing the appraisal of operating conditions of environmental monitoring
services and certificates;
b) Circular No.
22/2015/TT-BTNMT dated May 28, 2015 of the Minister of Natural Resources and
Environment stipulating the environmental protection in the process of using
drilling fluids; waste management and environmental monitoring for offshore oil
and gas operations;
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d) Circular No.
36/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and
Environment on management of hazardous wastes
dd) Circular No.
38/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and
Environment on environmental remediation and restoration in mineral mining
activities;
e) Circular No. 43/2015/TT-BTNMT
dated September 29, 2015 of the Minister of Natural Resources and Environment
on state of the environment report, set of environmental indicators and
management of environmental monitoring data.
g) Circular No.
19/2016/TT-BTNMT dated August 24, 2016 of the Minister of Natural Resources and
Environment on environmental protection reports;
h) Circular No.
31/2016/TT-BTNMT dated October 14, 2016 of the Minister of Natural Resources
and Environment on environmental protection in industrial clusters,
concentrations of businesses, service providers, trade villages, production,
commercial and service establishments;
i) Circular No.
34/2017/TT-BTNMT dated October 4, 2017 of the Minister of Natural Resources and
Environment on recall and treatment of discarded products.
k) Circular No.
25/2019/TT-BTNMT dated December 31, 2019 of the Minister of Natural Resources
and Environment elaborating some Articles of the Government’s Decree No.
40/2019/ND-CP dated May 13, 2019 on amendments to Decrees on guidelines for the
Law on Environmental Protection and provide for management of environmental
monitoring services,
3. g) From the effective
date of this Circular, Section 2.2.1 of QCVN 36:2010/BTNMT- National technical
regulation on discharge of Drilling Fluids and Drilling Cuttings for Offshore
Oil and Gas Facilities attached to Circular No. 42/2010/TT-BTNMT dated December
29, 2010 of the Minister of Natural Resources and Environment on national
technical regulations on environment will expire.
Article
85. Responsibility for implementation
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2. The Department of
Natural Resources and Environment shall be responsible for assisting the
People's Committee of province to implement this Circular in their local area.
3. The relevant
organizations and individuals shall be responsible for the implementation of
this Circular.
PP. MINISTER
THE DEPUTY MINISTER
Vo Tuan Nhan
APPENDIX
(Issued together
with Circular No. 02/2022/TT-BTC dated January 10, 2022 of the Minister of
Natural Resources and Environment)
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Form No. 01
Criteria for
identification of pollution level of a soil pollution area and calculation of
the score for the assessment of the criteria of the soil pollution area.
Form No. 02
Contents of reports on
investigation and preliminary assessment of soil environmental quality
Form No. 03
Contents of reports on
detailed investigation and assessment of the soil environmental pollution
area
Form No. 04
List of existing
polluted areas or polluted areas without identifiable perpetrators
Form No. 05
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Form No. 06
Written request for
appraisal of project on establishment of another natural heritage according
to regulations of Point c, Clause 1, Article 20 of the Law on Environmental
Protection
Form No. 07
Report on establishment
of another natural heritage according to regulations of Point c, Clause 1,
Article 20 of the Law on Environmental Protection
Form No. 08
Report on result of
survey and assessment of natural heritage
Form No. 09
Contents of regulations
on management and protection of natural heritage environment
Form No. 10
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APPENDIX II. FORMS
OF STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT (EIA),
ENVIRONMENTAL LICENSE AND ENVIRONMENTAL REGISTRATION
Form No. 01
Contents of strategy
and planning for strategic environmental assessment
01a. Contents of
strategic environmental assessment of the strategy
01b. Contents of
strategic environmental assessment report of the planning
Form No. 02
Written request for
EIAR appraisal
Form No. 03
Decision on the
establishment of appraisal council of EIAR
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4. Contents of EIAR
4a. The minutes of a survey meeting with
community and individuals subject to environmental impacts
4b. Document of the appraisal agency on the EIAR
for the purpose of collecting opinion of supervisory authority irrigation project
4c. Written reply of the supervisory authority
irrigation project to the approval for the EIAR appraisal results.
Form No. 05
Site survey record of
the area where the project is located
Form No. 06
Written comments on the
EIAR
Form No. 07
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Form No. 08
The minutes of meeting
of the EIAR appraisal council
Form No. 09
Written notification of
the EIAR appraisal result
Form No. 10
Decision on approval
for the EIAR appraisal result
Form No. 11
Contents of measures
for environmental improvement and remediation in mineral mining
Form No. 12
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Form No. 13
Decision on the
establishment of appraisal council for measures for environmental improvement
and remediation in mineral mining
Form No. 14
The minutes of meeting
of the appraisal council for measures for environmental improvement and
remediation in mineral mining
Form No. 15
Written comments of
measures for environmental improvement and remediation
Form No. 16
Appraisal sheets of
measures for environmental improvement and remediation
Form No. 17
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Form No. 18
Decision on approval
for the appraisal results of measures for environmental improvement and
remediation
Form No. 19
Certificate of deposit
on environmental improvement and remediation
Form No. 20
Guidelines for contents
of environmental improvement and remediation in mineral mining
Form No. 21
Measures for cost
calculation and estimate for environmental improvement and recovery in
mineral mining.
Form No. 22
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Form No. 23
Decision on the
establishment of appraisal team for granting an environmental license to an
investment project
Form No. 24
Decision on the
establishment of inspectorate for granting, adjusting and re-grating
environmental license to the investment project or establishment
Form No. 25
Decision on the
establishment of inspection team for granting and re-grating an environmental
license of a establishment operating under the licensing competence of the
People's Committee of District
Form No. 26
Written notification of
site survey plan for granting an environmental license to an investment
project that is not subject to EIA.
Form No. 27
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Form No. 28
The minutes of meeting
of the appraisal council for granting an environmental license to an
investment project
Form No. 29
Inspection records of
granting and re-granting environmental license to the investment project or
establishment
Form No. 30
Written comments of
members of the appraisal council and the appraisal team on granting
environmental license to the investment project
Form No. 31
Appraisal sheets of
members of the appraisal council or the appraisal team for granting
environmental license to the investment project
Form No. 32
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Form No. 33
Written notification of
completion and return of an application for granting environmental license to
an investment project
Form No. 34
Report of inspectorate on
inspection result of granting and adjusting environmental license to
investment project
Form No. 35
Written notification of
the environmental licensing agency on the adjustment of type and weight of
hazardous waste subject to treatment or weight of scrap subject to import to
make production materials
Form No. 36
Written comment survey
of the supervisory authority of the irrigation project in the process of
granting or re-granting environmental license to the investment project or
establishment
Form No. 37
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Form No. 38
Written reply of the
supervisory authority of the irrigation project
Form No. 39
Written reply of an agency,
organization and expert subject to survey in the process of granting,
adjusting and re-granting environmental licenses.
Form No. 40
Environmental license
Form No. 41
Environmental license
subject to adjustment
Form No. 42
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Form No. 43
Written notification of
the plan for trial operation of waste treatment works of the investment
project
Form No. 44
Decision on appointment
for officials to actually inspect the waste treatment works of investment
project or establishment in the process of trial operation applied to cases
that are not specified in Clause 4, Article 46 of the Law on Environmental
Protection
Form No. 45
Records of inspection
and supervision of trial operation of waste treatment work of an official
Form No. 46
Records of inspection
trial operation of waste treatment works of investment project or
establishment that use scrap as production materials or hazardous waste
treatment services
Form No. 47
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APPENDIX III: FORMS
OF WASTE MANAGEMENT AND POLLUTANT CONTROL
Form No. 01
List of hazardous
waste, industrial waste subject to control and ordinary industrial solid
waste
Form No. 02
Measures for cost calculation
and estimate for environmental improvement and remediation in the domestic
solid waste landfill
Form No. 03
The minutes of handover
of ordinary industrial solid waste
Form No. 04
Hazardous waste
manifest
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Application for
registration of the cross-border transport of hazardous waste
Form No. 06
Written approval for
the cross-border transport of hazardous waste
Form No. 07
Decision on the
establishment of a team assessing the capacity of an organization for
assessing the conformity with environmental technical regulations applied to
imported scraps used to make production materials from foreign countries
Form No. 08
Written comments and
assessments of members of the assessment team
Form No. 09
Record of assessment of
the capacity of an organization for assessing conformity with environmental
technical regulations applied to imported scraps used to make production
materials from foreign countries
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Decision on the
establishment of inspectorate for the purpose of assessment of application
for exemption from POPs
Form No. 11
Record of inspection
and assessment of application for exemption from POPs
Form No. 12
Decision on the
establishment of inspectorate for the purpose of assessment of conformity of persistent
pollutants and materials, fuels, products, goods and equipment containing
persistent pollutants
Form No. 13
Record of inspection
and assessment of conformity of persistent pollutants and materials, fuels,
products, goods and equipment containing persistent pollutants
Form No. 14
Written notification of
the results of the inspection and assessment of conformity of persistent
pollutants and raw materials, fuels, products, goods and equipment containing
persistent pollutants.
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Notice about materials,
fuels and products without commercial packaging
APPENDIX IV. FORMS
OF ENVIRONMENTAL MONITORING
Form No. 01
Decision on
establishment of an appraisal council for the purpose of appraisal of
conditions for environmental monitoring services
Form No. 02
Assessment and
inspection sheets of members of the appraisal council for conditions for
environmental monitoring services
Form No. 03
Record of assessment
and inspection at the organization of environmental monitoring services
Form No. 04
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Form No. 05
Assessment, appraisal
sheets at the official meeting of the appraisal council for conditions for
environmental monitoring services
Form No. 06
The minutes of meeting
of the appraisal council for conditions for environmental monitoring services
Form No. 07
Report on meeting
technical requirements on monitoring capacity, equipment and assurance of the
quality of monitoring data
Form No. 08
Location, time,
frequency and indices of environmental monitoring of petroleum activities at
the sea
Form No. 09
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Form No. 10
Written notification of
monitoring result of the project or establishment exceeding environmental
technical regulations
APPENDIX V. FORMS OF
ENVIRONMENTAL INFORMATION AND DATABASE
Form No. 01
Basic information and
data of environmental databases of national and provincial authorities
Form No. 02
Article 61. Common
schedule data of environmental database at all levels
Form No. 03
Master data and other
default shared data of environmental database at all levels
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Form No. 01
Environmental
protection report of the People's Committee of district
Form No. 02
Environmental
protection report of the management board of an economic zone, export
processing zone, hi-tech park and industrial park that is sent to the People's
Committee of province
Form No. 03
Environmental
protection report of the People's Committee of province
Form No. 04
Reports on the
implementation of environmental protection tasks of ministries and
ministerial authorities.
Form No. 05
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Form No. 05A: The
establishment that are subject to environment license
Form No. 05B: The
establishment that are subject to environment registration
Form No. 06
Environmental
protection report of the investor of infrastructure construction and trade in
the concentrated production, trade, service zone or industrial cluster
Form No. 07
Format and contents of
the general report on national and local state of environment
Form No. 08
Format and contents of
the thematic report on national and local state of environment
APPENDIX VII. FORMS
OF PAYMENT FOR NATURAL ECOSYSTEM SERVICES
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Contract for payment for
natural ecosystem services in the form of direct payment.
Form No. 02
Contract for payment
for natural ecosystem services by authorizing.
Form No. 03
Plan for payment for
natural ecosystem services by authorizing.
Form No. 04
Declaration on payment for
natural ecosystem services by authorizing.
Form No. 05
Summary of plan for
payment for natural ecosystem services by authorizing.
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Plan for collection and
payment for natural ecosystem services by authorizing.
Form No. 07
Cost estimate for
management of payment for natural ecosystem services of the authorized
environmental protection fund
Form No. 08
Written notification of
payment for natural ecosystem services by authorizing.
APPENDIX VIII. FORMS
OF ASSESSMENT OF PRODUCTS AND SERVICES THAT MEET THE VIETNAM ECOLABEL
CRITERIA
Form No. 01
Main contents of the
Vietnam Ecolabel criteria
Form No. 02
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Form No. 03
Decision on
establishment of the council for assessment of products and services that
meet the Vietnam Ecolabel criteria
Form No. 04
Written comments of
members of the council for assessment of products and services that meet the
Vietnam Ecolabel criteria
Form No. 05
The minutes of meeting
of the council for assessment of products and services that meet the Vietnam
Ecolabel criteria
APPENDIX IX. FORMS
RELATED TO RESPONSIBILITY FOR RECYCLING OF PACKAGING AND PRODUCTS AND
TREATMENT OF WASTE OF MANUFACTURERS AND IMPORTERS
Form No. 01
Registration of plan
for recycling of product and packaging
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Report on recycling
result of product and packaging
Form No. 03
Declaration form of
contribution to recycling
Form No. 04
Declaration form of
contributions to waste treatment
Form No. 05
Application for
financial support for recycling activities
Form No. 06
Application for
financial support for waste treatment activities
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List of products and
goods produced and sold domestically in year N-1
Form No. 08
List of imports in year
N-1
Form No. 09
Recycling
specifications of products and packaging in year N-1
Form No. 10
General declaration of
weight of products and packaging in year N-1
APPENDIX X. DECISION
ON INSPECTION OF THE OBSERVANCE OF THE LAW ON ENVIRONMENTAL PROTECTION
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