Thông tư 09/2018/TT-BTNMT quy chuẩn môi trường đối với phế liệu nhập khẩu

• Số hiệu: 09/2018/TT-BTNMT
• Loại văn bản: Thông tư
• Nơi ban hành: Bộ Tài nguyên và Môi trường
• Người ký: Võ Tuấn Nhân
• Ngày ban hành: 14/09/2018

MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT --------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness --------------
No.: 09/2018/TT-BTNMT	Hanoi, September 14, 2018

CIRCULAR

PROMULGATION OF NATIONAL TECHNICAL REGULATIONS ON ENVIRONMENT

Pursuant to the Law on technical regulations and standards dated June 29, 2006;

Pursuant to the Law on environmental protection dated June 23, 2014;

Pursuant to the Government's Decree No. 127/2007/ND-CP dated August 01, 2007 detailing the implementation of a number of articles of the Law on technical regulations and standards;

Pursuant to the Government’s Decree No. 78/2018/ND-CP dated May 16, 2018 on amendments to the Government’s Decree No. 127/2007/ND-CP dated August 01, 2007 detailing the implementation of a number of articles of the Law on technical regulations and standards;

Pursuant to the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 on detailing the implementation of a number of articles of the Law on products and goods quality;

Pursuant to the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 providing amendments and supplements to a number of articles of Decree No.&fA132/2008/ND-CP; dated December 31, 2008, detailing the implementation of a number of articles of the Law on products and goods quality;

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Pursuant to the Decision No. 73/2014/QD-TTg dated December 19, 2014 by the Prime Minister on the List of imported scraps for production;

At the request of the Director General of the Vietnam Environment Administration, the Director of the Department of Science and Technology, and the Director of the Legal Department;

The Minister of Natural Resources and Environment promulgates this Circular to introduce the national technical regulations on environment.

Article 1. The following three national technical regulations on environment are promulgated together with this Circular, including:

1. QCVN 65:2018/BTNMT - National technical regulation on environment for imported glass scrap for production.

2. QCVN 66:2018/BTNMT - National technical regulation on environment for imported non-ferrous metal scraps for production.

3. QCVN 67:2018/BTNMT - National technical regulation on environment for imported slag from iron or steel industry for production.

Article 2. Glass scraps, non-ferrous metal scraps and granulated slag from iron or steel industry specified on the List of imported scraps for production enclosed with the Prime Minister’s Decision No. 73/2014/QD-TTg dated December 19, 2014 are potentially unsafe commodities (group-2 imports) under the management of the Ministry of Natural Resources and Environment.

Article 3. Effect and implementation

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2. Regulations in Article 10 of the Circular No. 41/2015/TT-BTNMT dated September 09, 2015 by the Minister of Natural Resources and Environment and Clause 9 Article 1 of the Circular No. 03/2018/TT-BTNMT dated August 14, 2018 by the Minister of Natural Resources and Environment shall be null and void from the date of entry into force of this Circular.

3. The Director General of the Vietnam Environment Administration, heads of agencies affiliated to the Ministry of Natural Resources and Environment, Directors of Departments of Natural Resources and Environment of provinces and central-affiliated cities, and relevant authorities, organizations and individuals shall implement this Circular./.

PP. MINISTER
DEPUTY MINISTER




Vo Tuan Nhan

QCVN 65:2018/BTNMT

NATIONAL TECHNICAL REGULATION ON ENVIRONMENT FOR IMPORTED GLASS SCRAP FOR PRODUCTION

Foreword

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NATIONAL TECHNICAL REGULATION ON ENVIRONMENT FOR IMPORTED GLASS SCRAP FOR PRODUCTION

1. GENERAL PROVISIONS

1.1. Scope:

1.1.1. This Regulation stipulates the types of glass scrap to be imported for production purpose, the types of glass scrap banned from import, the prohibited impurities and undesirable impurities in imported glass scrap, and other technical requirements concerning imported glass scrap.

1.1.2. Glass scrap imported from enterprises located in free trade zones within the territory of Vietnam shall not be governed by this Regulation.

1.2. Regulated entities:   

1.2.1. This Regulation applies to organizations and individuals importing and using imported glass scrap as raw materials in production, regulatory authorities in charge of managing the importation and use of imported glass scrap for production, and providers of conformity assessment services serving the importation of glass scrap.

1.2.2. This Regulation shall not apply to organizations and individuals that import glass scrap generated from the production of enterprises located in free trade zones within the territory of Vietnam.

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For the purposes of this Regulation, terms herein shall be construed as follows:

1.3.1. “impurities“ refers to substances or materials which are not glass materials and mixed with the imported glass scrap, whether or not adhering to imported glass scrap.

1.3.2. “harmful impurities” refers to waste which is classified as hazardous waste in conformity with applicable regulations of the Law on environmental protection.

1.3.3. “HS codes” refers to classifying codes of imports on the List of imports and exports promulgated by the Ministry of Finance and the List of imported scraps for production promulgated by the Prime Minister.

1.3.4. “imported glass scrap shipment” refers to the quantity of glass scrap registered for state inspection of quality of imported glass scrap by the importer before they are imported to Vietnam.

1.3.5. “state inspecting agency” refers to the authority that takes charge of inspecting the conformity of imported glass scrap with quality standards set forth in relevant national technical regulations on environment; state inspecting agency is the Department of Natural Resources and Environment of province where the factory or manufacturing plant that uses imported glass scrap as production materials is located.

1.3.6. “designated inspection body” refers to an inspection body that has obtained the Certificate of accredited inspection body in accordance with regulations of the Government’s Decree No. 107/2016/ND-CP dated July 01, 2016 and has its name on the List of designated inspection bodies within the authority of the Minister of Natural Resources and Environment, which is promulgated under the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018.    Designation and accreditation of a foreign inspection body to conduct the inspection of quality of imported glass scrap in conformity with national technical regulations on environment within the territory of Vietnam must comply with applicable laws.

2. TECHNICAL REQUIREMENTS

2.1. Classifying and cleaning glass scrap

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2.2. Types of glass scrap to be imported

2.2.1. Imported glass scrap is of various shapes and dimensions with HS codes on the List of imported scraps for production promulgated by the Prime Minister.

2.2.2. Origin of glass scrap: imported glass scrap includes broken or damaged items discarded from the glass melting process or the production of glass products; or they are the used glass products which have been selected, collected and cleaned to remove oil, lubricants, chemicals and/or foods.2.3. Types of glass scrap banned from import

2.3.1. Glass scrap originated from TV displays, computer monitors, lamps and bulbs of various kinds.

2.3.2. Types of glass scrap originated from medical devices.

2.4. Prohibited impurities in imported glass scrap

2.4.1. Chemicals, combustible substances, explosive substances, and hazardous medical waste.

2.4.2. Materials containing or affected by radioactive substances at a level exceeding the exemption levels prescribed in the QCVN 05:2010/BKHCN – National technical regulation on Radiation protection – Exemption from requirements of notification and licencing promulgated under the Circular No. 15/2010/TT-BKHCN dated September 14, 2010 by the Minister of Science and Technology.

2.4.3. Harmful impurities.

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2.5.1. Impurities adhering to the scrap surface such as dust, soil and sand.2.5.2. Glass surface coatings.

2.5.3. Residual impurities that are other than glass, adhering to or broken and left from the imported glass scrap (except for Section 2.5.1 and Section 2.5.2), and meet the requirements in Section 2.4. Total quantity of impurities prescribed in Section 2.5.3 in an imported glass scrap shipment shall not exceed 2% of total quantity of the shipment.

3. INSPECTION PROCEDURES AND DETERMINATION METHODS

3.1. Procedures for inspection of imported glass scrap

The imported glass scrap shipment shall be inspected by means of visual inspection or inspection of analytical samples. When conducting the inspection of imported glass scrap, both state inspecting agency and designated inspection body must comply with the inspection procedures set forth in Section 3.1.1 and Section 3.1.2 hereof.

3.1.1. Site inspection procedures:

a) The site inspection includes the visual examination of all containers or categories of imported glass scrap in bulk of the shipment, estimation of the quantity of impurities and measurement of certain parameters of the imported glass scrap shipment.

b) The site inspection is conducted as follows:

- Carry out a general examination of the shipment:  Determine types, quantity and quality of the imported glass scrap;

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- Measure some parameters by using quick measuring devices at the site (in case where quick measurements are required);

- Examine impurities:  Determine types of impurities mixed with the imported glass scrap and percentage thereof.

c) Site inspection results shall be handled as follows:

- If inspection results indicate that the inspected shipment is conformable with provisions of Section 2 hereof, the designated inspection body shall issue the written record of inspection (or the certificate of inspection) of the imported glass scrap shipment to the importer and send a copy thereof to the state inspecting agency; the state inspecting agency shall use this document as the basis for issuance of the notice of state inspection results of quality of imported glass scrap shipment to the importer for carrying out customs clearance procedures as regulated;

- If inspection results indicate that the inspected shipment is unconformable with provisions of Section 2 hereof, the designated inspection body shall issue the written record of inspection (or the certificate of inspection) of the imported glass scrap shipment to the importer and send a copy thereof to the state inspecting agency for taking appropriate measures against the shipment as regulated;

- If site inspection results indicate that it’s unable to conclude whether the imported glass scrap shipment is conformable with provisions of Section 2 hereof or not, regulations in Section 3.1.2 shall apply.

3.1.2. Procedures for inspection of analytical samples:

a) Sampling serving the analysis and evaluation of the quality of imported glass scrap in conformity with provisions of Section 2 hereof is carried out as follows:

- Take samples from the imported glass scrap shipment by adopting the sampling method prescribed in Section 3.2.1. Take photographs of the inspected positions and sampling points;

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- Where at least 02 representative samples are taken from the imported glass scrap shipment as regulated in Section 3.2.1, the mean value of analytical results of representative samples taken shall be considered as the inspection result of the shipment.

b) Inspection results obtained from the analysis of samples of the imported glass scrap shall be handled as follows:

- If inspection results indicate that the inspected glass scrap shipment is conformable with provisions of Section 2 hereof, the designated inspection body shall issue the written record of inspection (or the certificate of inspection) of the imported glass scrap shipment to the importer and send a copy thereof to the state inspecting agency; the state inspecting agency shall use this document as the basis for issuance of the notice of state inspection results of quality of imported glass scrap shipment to the importer for carrying out customs clearance procedures as regulated;

- If inspection results indicate that the inspected shipment is unconformable with provisions of Section 2 hereof, the designated inspection body shall issue the written record of inspection (or the certificate of inspection) of the imported glass scrap shipment to the importer and send a copy thereof to the state inspecting agency for taking appropriate measures against the shipment as regulated.

3.2. Methods of sampling and determining impurities

3.2.1. Sampling serving the determination of impurities:

a) For the glass scrap imported in bulk (not in containers):

A representative sample shall be randomly taken from five different positions of the imported glass scrap shipment (distances between sampling points are relatively equal to ensure the characteristics of a representative sample according to a rectangle, square, triangular pyramid or Z shape, etc.). The weight of a representative sample is 10 kg. If the shipment is suspected of being unconformable with the provisions of Section 2 hereof, additional representative samples may be taken by adopting the sampling method prescribed in this section provided that not more than 03 representative samples are taken.

b) For the imported glass scrap packed in containers:

The quality of imported glass scrap shall be inspected by sampling and analyzing representative samples.  A representative sample is comprised of one or some random samples mixed up thoroughly. The weight of a representative sample is 10 kg.

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- If an imported glass scrap shipment consists of less than 05 containers, 01 container shall be selected to take a random sample which is also the representative sample of the shipment;

- If an imported glass scrap shipment consists of from 05 containers to fewer than 20 containers, 02 containers shall be selected to take random samples.  The representative sample of the shipment shall be taken from the mixture of 02 random samples.

- If an imported glass scrap shipment consists of 20 containers or more, 10% of total number of containers shall be selected to take random samples (the number of random samples shall be rounded).  If less than 10 random samples are taken, they shall be thoroughly mixed up to constitute a representative sample.  If more than 10 random samples are taken, every 10 random samples shall be mixed up to constitute a representative sample; the remaining odd number of random samples (if any) shall make up a representative sample.  One or several representative samples may be taken from an imported glass scrap shipment.

3.2.2. Methods of calculating ratio of impurities:

Impurities shall be removed from glass scrap, classified and weighed by adopting mechanical and physical methods.

Ratio of impurities is the ratio of the weight of impurities to total weight of test samples and expressed in percentage (%).

3.2.3. Methods of determining impurity components:

a) The activity concentration of the imported glass scrap shipment shall be measured in conformity with TCVN 7469:2005 (ISO 11932:1996) – National technical regulation on Radiation protection – Activity measurements of solid materials considered for recycling, re-use, or disposal as non-radioactive waste.

b) Thresholds of hazardous waste included in impurities removed from the imported glass scrap shall be determined in conformity with QCVN 07:2009/BTNMT – National technical regulation on Hazardous waste thresholds promulgated under the Circular No. 25/2009/TT-BTNMT dated November 16, 2009 of the Minister of Natural Resources and Environment and the list of hazardous wastes and potentially hazardous wastes provided in the Appendix 1 enclosed with the Circular No. 36/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and Environment.

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4.1. Glass scrap imported for use as production materials are group-2 imports and must bear the state inspection of quality of imported goods in accordance with regulations in the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008, the Decree No. 74/2018/ND-CP and relevant laws. 

4.1.1. Importers of glass scrap for production must carry out procedures for state inspection of quality of imported glass scrap in accordance with applicable laws. To be specific:

a) Apply for state inspection of quality of imported glass scrap at the state inspecting agency.  The application for state inspection includes the documents prescribed in Point a Clause 2c Article 7 of the Decree No. 132/2008/ND-CP, as amended in Clause 3 Article 1 of the Decree No. 74/2018/ND-CP and other documents concerning the importation of scraps as regulated by the Law on environment;

b) Inform the customs agency, the state inspecting agency and the designated inspection body in writing of the time and location of inspection and sampling serving the assessment of quality of imported glass scrap in accordance with applicable laws;

c) Cooperate with the state inspecting agency and relevant agencies during the inspection of quality of imported glass scrap.

4.1.2. The state inspecting agency shall receive and check the application documentation for state inspection of quality of imported glass scrap in conformity with the provisions of Clause 2c Article 7 of the Decree No. 132/2008/ND-CP, as amended in Clause 3 Article 1 of the Decree No. 74/2018/ND-CP. To be specific:

a) Receive the application for state inspection of quality of imported glass scrap;  

b) Play the leading role and cooperate with customs agency, the designated inspection body and relevant agencies in conducting inspection and sampling (where sampling is required) in order to evaluate the quality of the imported glass scrap shipment in accordance with applicable laws;

c) Give the notice of state inspection results of quality of imported glass scrap shipment to the importer in accordance with applicable laws.

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4.3. The inspection of imported glass scrap must be conducted by a legally designated or accredited inspection body.

4.4. Contents and concentrations of environmental parameters must be determined by the organizations granted the certificate of eligibility to provide environmental monitoring services in accordance with the Government’s Decree No. 127/2014/ND-CP dated December 31, 2014. Quantities, ratios and composition of impurities and other parameters shall be determined by the organizations granted the certificate of registered testing laboratory in accordance with regulations in the Decree No. 107/2016/ND-CP.

4.5. The designated inspection body shall issue the written record of inspection (or the certificate of inspection) of the imported glass scrap shipment to the importer and send a copy thereof to the state inspecting agency. The certificate of inspection must include information concerning impurities and other technical requirements as set forth in Section 2 hereof (accompanied by photographs of inspected positions and sampling points stored on CDs/DVDs; reports on analysis or testing for representative samples provided by organizations granted the certificate of eligibility to provide environmental monitoring services or the certificate of registered testing laboratory).

5. IMPLEMENTION

5.1. Environment protection authorities and other organizations and individuals relevant to the importation of glass scrap must comply with regulations herein.

5.2. Environment protection authorities shall instruct and inspect the implementation of this Regulation.

5.3. If legislative documents referred to in this Regulation are amended, supplemented or superseded, the new ones shall apply. If standards referred to in this Regulation are amended, supplemented or superseded, the new ones shall apply./.

QCVN 66:2018/BTNMT

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Foreword

QCVN 66:2018/BTNMT is compiled by the Vietnam Environment Administration, presented by the Department of Science and Technology and the Legal Department for approval, appraised by the Ministry of Science and Technology and promulgated under the Circular No. 09/2018/TT-BTNMT dated September 14, 2018 by the Minister of Natural Resources and Environment.

NATIONAL TECHNICAL REGULATION ON ENVIRONMENT FOR IMPORTED NON-FERROUS METAL SCRAPS FOR PRODUCTION

1. GENERAL PROVISIONS

1.1. Scope:

1.1.1. This Regulation stipulates the types of non-ferrous metal scraps to be imported for production purpose, the types of non-ferrous metal scraps banned from import, the prohibited impurities and undesirable impurities in imported non-ferrous metal scraps, and other technical requirements concerning the imported non-ferrous metal scraps.

1.1.2. Non-ferrous metal scraps imported from enterprises located in free trade zones within the territory of Vietnam shall not be governed by this Regulation.

1.2. Regulated entities:   

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1.2.2. This Regulation shall not apply to organizations and individuals that import non-ferrous metal scraps generated from the production of enterprises located in free trade zones within the territory of Vietnam.

1.3. Interpretation of terms:

For the purposes of this Regulation, terms herein shall be construed as follows:

1.3.1. “non-ferrous metal scraps referred to in this Regulation” include copper, aluminum, nickel, zinc, tin, tungsten (wolfram), molybdenum, magnesium, titanium, zirconium, antimony, manganese and chromium scraps which are on the List of imported scraps for production promulgated by the Prime Minister.  

1.3.2. “impurities“ refers to substances or materials other than the imported non-ferrous metal scraps, whether or not adhering to imported non-ferrous metal scraps. E.g.: any materials which are other than copper (Cu) or copper alloys and mixed with the imported non-ferrous metal scraps are considered impurities. 1.3.3. “harmful impurities” refers to waste which is classified as hazardous waste in conformity with applicable regulations of the Law on environmental protection.

1.3.4. “HS codes” refers to classifying codes of imports on the List of imports and exports promulgated by the Ministry of Finance and the List of imported scraps for production promulgated by the Prime Minister.

1.3.5. “shipment of imported non-ferrous metal scraps” refers to the quantity of non-ferrous metal scraps of a specific HS code registered for state inspection of quality of imported scrap by the importer before they are imported to Vietnam. A shipment of imported non-ferrous metal scraps may only include one type of non-ferrous metal scraps registered for state inspection.

1.3.6. “state inspecting agency” refers to the authority that takes charge of inspecting the conformity of imported non-ferrous metal scraps with quality standards set forth in relevant national technical regulations on environment; state inspecting agency is the Department of Natural Resources and Environment of province where the factory or manufacturing plant that uses imported non-ferrous metal scraps as production materials is located.  

1.3.7. “designated inspection body” refers to an inspection body that has obtained the Certificate of accredited inspection body in accordance with regulations of the Government’s Decree No. 107/2016/ND-CP dated July 01, 2016 and has its name on the List of designated inspection bodies within the authority of the Minister of Natural Resources and Environment, which is promulgated under the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018.    Designation and accreditation of a foreign inspection body to conduct the inspection of quality of imported non-ferrous metal scraps in conformity with national technical regulations on environment within the territory of Vietnam must comply with applicable laws.

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2.1. Classifying and cleaning non-ferrous metal scraps

2.1.1. Substances, materials and/or products that are banned from import as regulated by the law of Vietnam and international treaties of which the Socialist Republic of Vietnam is a signatory must be removed from the imported non-ferrous metal scraps so as to ensure that the imported non-ferrous metal scraps meet specific requirements set forth in Section 2.3 and Section 2.4.

2.1.2. Non-ferrous metal scraps may be imported in bulk or securely tired into bundles, or pressed and compacted into blocks, briquettes or bales, except for types of non-ferrous metal scraps prescribed in Section 2.3.1 hereof.

2.2. Types of non-ferrous metal scraps to be imported

2.2.1. Imported non-ferrous metal scraps have HS codes on the List of imported scraps for production promulgated by the Prime Minister.

2.2.2. Imported non-ferrous metal scraps have various shapes and dimensions, including: bar sections, tube sections, nodes, tips, trimmings, nets, strings, turnings, shavings, blocks, ingots, parings or pieces. Insulation coatings of plastic, rubber or another insulating material must be removed from the imported cores of electric wires and cables before they are transported to Vietnam; the removal of these insulated covers from electromagnetic wires (non-ferrous metal wires insulated with a coating of enamel, cotton fiber or paper) is not compulsory.

2.2.3. Imported non-ferrous metal scraps are originated from the working of metals or other manufacturing; they may be selected and collected from construction works, vehicles, machinery, equipment and other products which have been cut up or disassembled in the exporting country or territory for removing banned impurities and materials as regulated by the law of Vietnam.  

2.2.4. Imported non-ferrous metal scraps may contain certain undesirable impurities as defined in Section 2.5.

2.3. Types of non-ferrous metal scraps banned from import

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2.3.2. Packings, drums, cans, boxes and other containers of non-ferrous metal scraps or alloys thereof  which have been used for containing oil, lubricants, grease, chemicals or foods but not yet cleaned to meet the requirements set forth in Section 2.4 and Section 2.5.

2.3.3. Imported non-ferrous metal scraps having an activity concentration and surface contamination levels exceeding the permissible levels prescribed in the Circular No. 22/2014/TT-BKHCN dated August 25, 2014 by the Minister of Science and Technology on management of radioactive waste and used radioactive sources (Appendix IV – Permissible levels of activity concentration and surface contamination of metals considered for recycling).

2.4. Prohibited impurities in imported non-ferrous metal scraps

2.4.1. Chemicals, combustible substances, explosive substances, and hazardous medical waste.

2.4.2. Arms, bombs, mines, munitions, pressure-tight vessels and gas containers which are not yet cut or disassembled in exporting countries or territories for removing fire and explosion risk factors.

2.4.3. Materials containing or affected by radioactive substances at a level exceeding the exemption levels prescribed in the QCVN 05:2010/BKHCN – National technical regulation on Radiation protection – Exemption from requirements of notification and licencing promulgated under the Circular No. 15/2010/TT-BKHCN dated September 14, 2010 by the Minister of Science and Technology.

2.4.4. Harmful impurities.

2.5. Undesirable impurities in imported non-ferrous metal scraps

2.5.1. Impurities adhering to the scrap surface such as rust, dust, soil and sand.

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3. INSPECTION PROCEDURES AND DETERMINATION METHODS

3.1. Procedures for inspection of imported non-ferrous metal scraps

The shipment of imported non-ferrous metal scraps shall be inspected by means of visual inspection or inspection of analytical samples. When conducting the inspection of imported non-ferrous metal scraps, both state inspecting agency and designated inspection body must comply with the inspection procedures set forth in Section 3.1.1 and Section 3.1.2 hereof.

3.1.1. Site inspection procedures:

a) The site inspection includes the visual examination of all containers or categories of imported non-ferrous metal scraps in bulk of the shipment, estimation of the quantity of impurities and measurement of certain parameters of the shipment of imported non-ferrous metal scraps.

b) The site inspection is conducted as follows:

- Carry out a general examination of the shipment:  Determine types, quantity and quality of the imported non-ferrous metal scraps;

- Take photographs of the inspected positions;

- Measure some parameters by using quick measuring devices at the inspection site (in case where quick measurements are required);

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c) Site inspection results shall be handled as follows:

- If inspection results indicate that the inspected shipment of imported non-ferrous metal scraps is conformable with the provisions of Section 2 hereof, the designated inspection body shall issue the written record of inspection (or the certificate of inspection) of the shipment of imported non-ferrous metal scraps to the importer and send a copy thereof to the state inspecting agency; the state inspecting agency shall use this document as the basis for issuance of the notice of state inspection results of quality of the shipment of imported non-ferrous metal scraps to the importer for carrying out customs clearance procedures as regulated;

- If inspection results indicate that the inspected shipment is unconformable with the provisions of Section 2 hereof, the designated inspection body shall issue the written record of inspection (or the certificate of inspection) of the shipment of imported non-ferrous metal scraps to the importer and send a copy thereof to the state inspecting agency for taking appropriate measures against the shipment as regulated;

- If site inspection results indicate that it’s unable to conclude whether the shipment of imported non-ferrous metal scraps is conformable with the provisions of Section 2 hereof or not, the regulations in Section 3.1.2 shall apply.

3.1.2. Procedures for inspection of analytical samples:

a) Sampling serving the analysis and evaluation of the quality of imported non-ferrous metal scraps in conformity with the provisions of Section 2 hereof is carried out as follows:

- Take samples from the shipment of imported non-ferrous metal scraps by adopting the sampling method prescribed in Section 3.2.1. Take photographs of the inspected positions and sampling points;

- Determine and evaluate the conformity of the shipment with the technical requirements set forth in Section 2 hereof.  If testing bodies are employed to provide analytical results, only testing bodies that meet the requirements in Section 4.4 are eligible;

- Where at least 02 representative samples must be taken from the shipment of imported non-ferrous metal scraps as regulated in Section 3.2.1, the inspection result of the shipment is the mean value of analytical results of representative samples.

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- If inspection results indicate that the inspected shipment of imported non-ferrous metal scraps is conformable with the provisions of Section 2 hereof, the designated inspection body shall issue the written record of inspection (or the certificate of inspection) of the shipment of imported non-ferrous metal scraps to the importer and send a copy thereof to the state inspecting agency; the state inspecting agency shall use this document as the basis for issuance of the notice of state inspection results of quality of the shipment of imported non-ferrous metal scraps to the importer for carrying out customs clearance procedures as regulated;

- If inspection results indicate that the inspected shipment is unconformable with the provisions of Section 2 hereof, the designated inspection body shall issue the written record of inspection (or the certificate of inspection) of the shipment of imported non-ferrous metal scraps to the importer and send a copy thereof to the state inspecting agency for taking appropriate measures against the shipment as regulated.

3.2. Methods of sampling and determining impurities

3.2.1. Sampling serving the determination of impurities:

a) For the non-ferrous metal scraps imported in bulk (not in containers):

A representative sample shall be randomly taken from five different positions of the shipment of imported non-ferrous metal scraps (distances between sampling points are relatively equal to ensure the characteristics of a representative sample according to a rectangle, square, triangular pyramid or Z shape, etc.). The weight of a representative sample is 50 kg. If the shipment is suspected of being unconformable with the provisions of Section 2 hereof, additional representative samples may be taken by adopting the sampling method prescribed in this section provided that not more than 03 representative samples are taken.

b) For the imported non-ferrous metal scraps packed in containers:

The quality of imported non-ferrous metal scraps shall be inspected by sampling and analyzing representative samples.  A representative sample is comprised of one or several random samples mixed up thoroughly. The weight of a representative sample is 50 kg.

- Random sample is a sample taken from 05 different positions of the selected container (distances between sampling points are relatively equal to ensure the characteristics of a representative sample according to a rectangle, square, triangular pyramid or Z shape, etc.). The weight of a random sample is 50 kg.

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- If a shipment of imported non-ferrous metal scraps consists of from 05 to fewer than 20 containers, 02 containers shall be selected to take random samples. The representative sample of the shipment shall be taken from the mixture of 02 random samples;

- If a shipment of imported non-ferrous metal scraps consists of 20 containers or more, 10% of total number of containers shall be selected to take random samples (the number of random samples shall be rounded).  If less than 10 random samples are taken, they shall be thoroughly mixed up to constitute a representative sample.  If more than 10 random samples are taken, every 10 random samples shall be mixed up to constitute a representative sample; the remaining odd number of random samples (if any) shall make up a representative sample.  One or several representative samples may be taken from a shipment of imported non-ferrous metal scraps.

3.2.2. Methods of calculating ratio of impurities:

Impurities shall be removed from non-ferrous metal scraps, classified and weighed by adopting mechanical and physical methods.

Ratio of impurities is the ratio of the weight of impurities to total weight of test samples and expressed in percentage (%).

3.2.3. Methods of determining impurity components:

a) Sampling and analytical methods for determining radioactivity:  TCVN 7469:2005 (ISO 11932:1996) – National technical regulation on Radiation protection – Activity measurements of solid materials considered for recycling, re-use, or disposal as non-radioactive waste; TCVN 7078-1:2002 (ISO 7503-1:1988) - National technical regulation on Radiation protection - Evaluation of surface contamination - Part 1: Beta-emitters (maximum beta energy greater than 0,15 MeV) and alpha-emitters; TCVN 7078-2:2007 (ISO 7503-2:1988) -  National technical regulation on Radiation protection - Evaluation of surface contamination - Part 2: Tritium surface contamination; ISO 7503- 3:2016, Measurement of radioactivity - Measurement and evaluation of surface contamination - Part 3: Apparatus calibration.  

b) Thresholds of hazardous waste included in impurities removed from the imported non-ferrous metal scraps shall be determined in conformity with QCVN 07:2009/BTNMT – National technical regulation on Hazardous waste thresholds promulgated under the Circular No. 25/2009/TT-BTNMT dated November 16, 2009 of the Minister of Natural Resources and Environment and the list of hazardous wastes and potentially hazardous wastes provided in the Appendix 1 enclosed with the Circular No. 36/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and Environment.

4. MANAGEMENT REQUIREMENTS

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4.1.1. Importers of non-ferrous metal scraps for production must carry out the procedures for state inspection of quality of imported non-ferrous metal scraps in accordance with applicable laws. To be specific:

a) Apply for state inspection of quality of imported non-ferrous metal scraps at the state inspecting agency.  The application for state inspection includes the documents prescribed in Point a Clause 2c Article 7 of the Decree No. 132/2008/ND-CP, as amended in Clause 3 Article 1 of the Decree No. 74/2018/ND-CP and other documents concerning the importation of scraps as regulated by the Law on environmental protection;

b) Inform the customs agency, the state inspecting agency and the designated inspection body in writing of the time and location of inspection and sampling serving the assessment of quality of imported non-ferrous metal scraps in accordance with applicable laws;

c) Cooperate with the state inspecting agency and relevant agencies during the inspection of quality of imported non-ferrous metal scraps.

4.1.2. The state inspecting agency shall receive and check the application documentation for state inspection of quality of imported non-ferrous metal scraps in conformity with the provisions of Clause 2c Article 7 of the Decree No. 132/2008/ND-CP, as amended in Clause 3 Article 1 of the Decree No. 74/2018/ND-CP. To be specific:

a) Receive the application for state inspection of quality of imported non-ferrous metal scraps;  

b) Play the leading role and cooperate with customs agency, the designated inspection body and relevant agencies in conducting inspection and sampling (where sampling is required) in order to evaluate the quality of the shipment of imported non-ferrous metal scraps in accordance with applicable laws;

c) Give the notice of state inspection results of quality of the shipment of imported non-ferrous metal scraps to the importer in accordance with applicable laws.

4.2. Shipments of non-ferrous metal scraps imported to Vietnam must bear the inspection, evaluation and assessment of their conformity with technical requirements set forth in Section 2 hereof to facilitate the state inspection as regulated by laws.

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4.4. Contents and concentrations of environmental parameters must be determined by the organizations granted the certificate of eligibility to provide environmental monitoring services in accordance with the Government’s Decree No. 127/2014/ND-CP dated December 31, 2014. Quantities and composition of impurities and other parameters shall be determined by the organizations granted the certificate of registered testing laboratory in accordance with regulations of the Decree No. 107/2016/ND-CP.

4.5. The designated inspection body shall issue the written record of inspection (or the certificate of inspection) of the shipment of imported non-ferrous metal scraps to the importer and send a copy thereof to the state inspecting agency. The certificate of inspection must include information concerning impurities and other technical requirements as set forth in Section 2 hereof (accompanied by photographs of inspected positions and sampling points stored on CDs/DVDs; reports on analysis or testing for representative samples provided by the organizations having the certificate of eligibility to provide environmental monitoring services or the certificate of registered testing laboratory).

5. IMPLEMENTION

5.1. Environment protection authorities and other organizations and individuals relevant to the importation of non-ferrous metal scraps must comply with regulations herein.

5.2. Environment protection authorities shall instruct and inspect the implementation of this Regulation.

5.3. If legislative documents referred to in this Regulation are amended, supplemented or superseded, the new ones shall apply. If standards referred to in this Regulation are amended, supplemented or superseded, the new ones shall apply./.

QCVN 67:2018/BTNMT

NATIONAL TECHNICAL REGULATION ON ENVIRONMENT FOR IMPORTED SLAG FROM IRON OR STEEL INDUSTRY FOR PRODUCTION

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QCVN 67:2018/BTNMT is compiled by the Vietnam Environment Administration, presented by the Department of Science and Technology and the Legal Department for approval, appraised by the Ministry of Science and Technology and promulgated under the Circular No. 09/2018/TT-BTNMT dated September 14, 2018 by the Minister of Natural Resources and Environment.

NATIONAL TECHNICAL REGULATION ON ENVIRONMENT FOR IMPORTED SLAG FROM IRON OR STEEL INDUSTRY FOR PRODUCTION

1. GENERAL PROVISIONS

1.1. Scope:

1.1.1. This Regulation stipulates granulated blast furnace slag (slag sand from iron or steel industry) (hereinafter referred to as “GBFS”) to be imported for use as raw materials in production, prohibited impurities in imported GBFS and other technical requirements concerning imported GBFS.

1.1.2. GBFS imported from enterprises located in free trade zones within the territory of Vietnam shall not be governed by this Regulation.

1.2. Regulated entities:   

1.2.1. This Regulation applies to organizations and individuals importing and using imported GBFS as raw materials in production, regulatory authorities in charge of managing the importation and use of imported GBFS for production, and providers of conformity assessment services serving the importation of GBFS.

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1.3. Interpretation of terms:

For the purposes of this Regulation, terms herein shall be construed as follows:

1.3.1. “impurities“ refers to substances or materials, other than GBFS, mixed with the imported GBFS.

1.3.2. “harmful impurities” refers to waste which is classified as hazardous waste in conformity with applicable regulations of the Law on environmental protection.

1.3.3. “HS codes” refers to classifying codes of imports on the List of imports and exports promulgated by the Ministry of Finance and the List of imported scraps for production promulgated by the Prime Minister.

1.3.4. “imported GBFS shipment” refers to the quantity of GBFS registered for state inspection of quality of imported GBFS by the importer before they are imported to Vietnam.

1.3.5. “state inspecting agency” refers to the authority that takes charge of inspecting the conformity of imported GBFS with quality standards set forth in national technical regulations on environment; state inspecting agency is the Department of Natural Resources and Environment of province where the factory or manufacturing plant that uses imported GBFS as production materials is located.

1.3.6. “designated inspection body” refers to an inspection body that has obtained the Certificate of accredited inspection body in accordance with regulations of the Government’s Decree No. 107/2016/ND-CP dated July 01, 2016 and has its name on the List of designated inspection bodies within the authority of the Minister of Natural Resources and Environment, which is promulgated under the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018.    Designation and accreditation of a foreign inspection body to conduct the inspection of quality of imported GBFS in conformity with national technical regulations on environment within the territory of Vietnam must comply with applicable laws.

2. TECHNICAL REQUIREMENTS

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Substances, materials and/or products that are banned from import as regulated by the law of Vietnam and international treaties of which the Socialist Republic of Vietnam is a signatory must be removed from the imported GBFS so as to ensure that the imported GBFS meets specific requirements set forth in Section 2.2 and Section 2.3.

2.2. Types of GBFS to be imported

2.2.1. GBFS shall be imported in the form of powder or granules and have HS codes on the List of imported scraps for production promulgated by the Prime Minister.

2.2.2. Quality of GBFS must be conformable with quality standards set forth in the QCVN 16:2017/BXD - National technical regulations on products, goods of building materials - Granulated blast furnace slag for cement production.

2.3. Prohibited impurities in imported GBFS

2.3.1. Chemicals, combustible substances, explosive substances, and hazardous medical waste.

2.3.2. Arms, bombs, mines, munitions, pressure-tight vessels and gas containers which are not yet cut or disassembled in exporting countries or territories for removing fire and explosion risk factors.

2.3.3. Materials containing or affected by radioactive substances at a level exceeding the exemption levels prescribed in the QCVN 05:2010/BKHCN – National technical regulation on Radiation protection – Exemption from requirements of notification and licencing promulgated under the Circular No. 15/2010/TT-BKHCN dated September 14, 2010 by the Minister of Science and Technology.

2.3.4. Harmful impurities.

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3.1. Procedures for inspection of imported GBFS

The imported GBFS shipment shall be inspected by means of visual inspection or inspection of analytical samples. When conducting the inspection of imported GBFS, both state inspecting agency and designated inspection body must comply with the inspection procedures set forth in Section 3.1.1 and Section 3.1.2 hereof.

3.1.1. Site inspection procedures:

a) The site inspection includes the visual examination of all containers or categories of imported GBFS in bulk of the shipment and the measurement of certain parameters of the imported GBFS shipment.

b) The site inspection is conducted as follows:

- Carry out a general examination of the shipment:  Determine types, quantity and quality of the imported GBFS;

- Take photographs of the inspected positions;

- Measure some parameters by using quick measuring devices at the inspection site (in case where quick measurements are required).

c) Site inspection results shall be handled as follows:

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- If inspection results indicate that the inspected shipment is unconformable with the provisions of Section 2 hereof, the designated inspection body shall issue the written record of inspection (or the certificate of inspection) of the imported GBFS shipment to the importer and send a copy thereof to the state inspecting agency for taking appropriate measures against the shipment as regulated;

- If site inspection results indicate that it’s unable to conclude whether the imported GBFS shipment is conformable with the provisions of Section 2 hereof or not, the regulations in Section 3.1.2 shall apply.

3.1.2. Procedures for inspection of analytical samples:

a) Sampling serving the analysis and evaluation of the quality of imported GBFS in conformity with the provisions of Section 2 hereof is carried out as follows:

- Take samples from the imported GBFS shipment by adopting the sampling method prescribed in Section 3.2.1. Take photographs of all of the inspected positions and sampling points;

- Determine and evaluate the conformity of the GBFS shipment with the technical requirements set forth in Section 2 hereof.  If testing bodies are employed to provide analytical results, only testing bodies that meet the requirements in Section 4.4 are eligible;

- Where at least 02 representative samples must be taken from the imported GBFS shipment as regulated in Section 3.2.1, the inspection result is the mean value of analytical results of representative samples.

b) Inspection results obtained from the analysis of samples of the imported GBFS shall be handled as follows:

- If inspection results indicate that the inspected GBFS shipment is conformable with the provisions of Section 2 hereof, the designated inspection body shall issue the written record of inspection (or the certificate of inspection) of the imported GBFS shipment to the importer and send a copy thereof to the state inspecting agency; the state inspecting agency shall use this document as the basis for issuance of the notice of state inspection results of quality of the imported GBFS shipment to the importer for carrying out customs clearance procedures as regulated;

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3.2. Methods of sampling and determining impurities and quality of GBFS

3.2.1. Sampling methods:

a) Sampling serving the determination of impurities:

a1. For GBFS imported in bulk (not in containers):

A representative sample shall be randomly taken from five different positions of the imported GBFS shipment (distances between sampling points are relatively equal to ensure the characteristics of a representative sample according to a rectangle, square, triangular pyramid or Z shape, etc.). The weight of a representative sample is 10 kg. If the shipment is suspected of being unconformable with the provisions of Section 2 hereof, additional representative samples may be taken by adopting the sampling method prescribed in this section provided that not more than 03 representative samples shall be taken.

a2. For the imported GBFS packed in containers:

The quality of imported GBFS shall be inspected by sampling and analyzing representative samples.  A representative sample is comprised of one or several random samples mixed up thoroughly. The weight of a representative sample is 10 kg.

- Random sample is a sample taken from 05 different positions of the selected container (distances between sampling points are relatively equal to ensure the characteristics of a representative sample according to a rectangle, square, triangular pyramid or Z shape, etc.). The weight of a random sample is 10 kg;

- If an imported GBFS shipment consists of less than 05 containers, 01 container shall be selected to take a random sample which is also the representative sample of the shipment;

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- If an imported GBFS shipment consists of 20 containers or more, 10% of total number of containers shall be selected to take random samples (the number of random samples shall be rounded).  If less than 10 random samples are taken, they shall be thoroughly mixed up to constitute a representative sample.  If more than 10 random samples are taken, every 10 random samples shall be mixed up to constitute a representative sample; the remaining odd number of random samples (if any) shall make up a representative sample.  One or several representative samples may be taken from an imported GBFS shipment.

b) Sampling serving the determination of quality of the imported GBFS shipment must conform to the sampling method prescribed in the TCVN 4315:2007 - Granulated blast furnace slag for cement production.

3.2.2. Methods of determining impurity components:

a) The activity concentration of the imported GBFS shipment shall be measured in conformity with TCVN 7469:2005 (ISO 11932:1996) – National technical regulation on Radiation protection – Activity measurements of solid materials considered for recycling, re-use, or disposal as non-radioactive waste.

b) Thresholds of hazardous waste included in impurities removed from the imported GBFS (if any) shall be determined in conformity with QCVN 07:2009/BTNMT – National technical regulation on Hazardous waste thresholds promulgated under the Circular No. 25/2009/TT-BTNMT dated November 16, 2009 of the Minister of Natural Resources and Environment and the list of hazardous wastes and potentially hazardous wastes provided in the Appendix 1 enclosed with the Circular No. 36/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and Environment.

3.2.3. Methods of determining the quality of GBFS:

a) Alkali factor (K) and strength activity index of the imported GBFS shipment shall be determined in conformity with guidelines provided in TCVN 4315:2007 - Granulated blast furnace slag for cement production.

b) Magnesium oxide (MgO) content of the imported GBFS shipment shall be determined in conformity with guidelines provided in TCVN 141:2008 - Portland cement - Methods of chemical analysis.

4. MANAGEMENT REQUIREMENTS

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4.1.1. Importers of GBFS for production must carry out the procedures for state inspection of quality of imported GBFS in accordance with applicable laws. To be specific:

a) Apply for state inspection of quality of imported GBFS at the state inspecting agency.  The application for state inspection includes the documents prescribed in Point a Clause 2c Article 7 of the Decree No. 132/2008/ND-CP, as amended in Clause 3 Article 1 of the Decree No. 74/2018/ND-CP and other documents concerning the importation of scraps as regulated by the Law on environmental protection;  

b) Inform the customs agency, the state inspecting agency and the designated inspection body in writing of the time and location of inspection and sampling serving the assessment of quality of imported GBFS in accordance with applicable laws;

c) Cooperate with the state inspecting agency and relevant agencies during the inspection of quality of imported GBFS.

4.1.2. The state inspecting agency shall receive and check the application documentation for state inspection of quality of imported GBFS in conformity with the provisions of Clause 2c Article 7 of the Decree No. 132/2008/ND-CP, as amended in Clause 3 Article 1 of the Decree No. 74/2018/ND-CP. To be specific:

a) Receive the application for state inspection of quality of imported GBFS;  

b) Play the leading role and cooperate with customs agency, the designated inspection body and relevant agencies in conducting inspection and sampling (where sampling is required) in order to evaluate the quality of the imported GBFS shipment in accordance with applicable laws;

c) Give the notice of state inspection results of quality of imported GBFS shipment to the importer in accordance with applicable laws.

4.2. Shipments of GBFS imported to Vietnam must bear the inspection, evaluation and assessment of their conformity with technical requirements set forth in Section 2 hereof to facilitate the state inspection as regulated by laws.

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4.4. Contents and concentrations of environmental parameters must be determined by the organizations having the certificate of eligibility to provide environmental monitoring services in accordance with the Government’s Decree No. 127/2014/ND-CP dated December 31, 2014. Impurities and other parameters shall be determined by the organizations having the certificate of registered testing laboratory in accordance with regulations of the Decree No. 107/2016/ND-CP.

4.5. The designated inspection body shall issue the written record of inspection (or the certificate of inspection) of the imported GBFS shipment to the importer and send a copy thereof to the state inspecting agency. The certificate of inspection must include information concerning impurities and other technical requirements as set forth in Section 2 hereof (accompanied by photographs of inspected positions and sampling points stored on CDs/DVDs; reports on analysis or testing for representative samples provided by the organizations having the certificate of eligibility to provide environmental monitoring services or the certificate of registered testing laboratory).

5. IMPLEMENTION

5.1. Environment protection authorities and other organizations and individuals relevant to the importation of GBFS must comply with regulations herein.

5.2. Environment protection authorities shall instruct and inspect the implementation of this Regulation.

5.3. If legislative documents referred to in this Regulation are amended, supplemented or superseded, the new ones shall apply. If standards referred to in this Regulation are amended, supplemented or superseded, the new ones shall apply./.