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THE
MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
03/2004/QD-BTNMT
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Hanoi,
April 2, 2004
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DECISION
PROMULGATING
THE ENVIRONMENTAL PROTECTION REGULATION APPLICABLE TO DISCARDED MATERIALS
IMPORTED FOR USE AS PRODUCTION RAW MATERIALS
THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT
Pursuant to the Government's
Decree No. 91/2002/ND-CP of November 11, 2002 defining the functions, tasks,
powers and organizational structure of the Ministry of Natural Resources and
Environment;
Pursuant to the Government's Decree No. 175/CP of October 18, 1994 guiding the
implementation of the Law on Environmental Protection;
Pursuant to the Prime Minister's Decision No. 46/2001/QD-TTg of April 4, 2001
on management of goods export and import in the 2001-2005 period;
At the proposals of the director of the Department for Evaluation and
Assessment of Environmental Impacts, the director of the Environmental
Protection Department and the director of the Legal Department,
DECIDES:
Article 1.-
To promulgate together with this Decision the Environmental Protection
Regulation applicable to discarded materials imported for use as production raw
materials.
Article 2.-
This Decision takes implementation effect 15 days after its publication in the
Official Gazette, and replaces Decision No. 65/2001/QD-BKHCNMT of December 11,
2001 of the Minister of Sciences, Technology and Environment.
Article 3.-
The ministers, the heads of the ministerial-level agencies, the heads of the
Government-attached agencies, the provincial/municipal People's Committee
presidents and the concerned organizations as well as individuals shall have to
implement this decision.
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MINISTER OF
NATURAL RESOURCES AND ENVIRONMENT
Mai Ai Truc
REGULATION
ON
ENVIRONMENTAL PROTECTION APPLICABLE TO DISCARDED MATERIALS IMPORTED FOR USE AS
PRODUCTION RAW MATERIALS
(Promulgated
together with Decision No. 03/2004/QD-BTNMT of April 2, 2004 of the Minister of
Natural Resources and Environment)
Chapter I
GENERAL PROVISIONS
Article 1.-
Regulation scope
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Article 2.-
Subjects of application
This Regulation shall apply to
the agencies performing the State management over environment; organizations
and individuals that import, transport, store and/or use discarded materials as
production raw materials.
Article 3.-
Term interpretation
In this Regulation, the below
terms and phrases shall be construed as follows:
1. Discarded materials means
products and materials which are excluded from production or consumption but
meet the requirements of production raw materials, including:
a) Second-rate raw materials
mean those which fail to satisfy the requirements on specifications and/or
quality for the production of a certain type of product but can be processed
for reproduction of such products or production of other types of product;
b) Scrap raw materials means raw
materials discarded from a production process (odds and ends, sheet margins,
shavings, tangled fibres, fragments);
c) Fullest-use materials mean
materials identical in substance, which are disassembled, separated and
recovered from used products, second-rate products or faulty products.
2. Wastes means matters excluded
from production, consumption or other activities, which are not identical to
imported discarded materials in substance, and in forms of block, clod, bar or
specific item.
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Article 4.-
Principles for import and use of imported discarded materials
The import of discarded
materials and the use of discarded materials imported for use as production raw
materials must ensure the following principles:
1. Only importing discarded
materials for use as production raw materials;
2. Not taking advantage of the
import of discarded materials to import wastes in any forms;
3. Organizations and individuals
that import and/or use imported discarded materials for production must bear
self-responsibility for the imported discarded materials upon the occurrence of
environmental pollution;
4. Where the international
treaties which Vietnam has signed or acceded to contains provisions different
from this Regulation, the provisions of such international treaties shall
apply.
Chapter II
SPECIFIC PROVISIONS
Article 5.-
Discarded materials imported for use as production raw materials
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1. Metal and alloy group:
a) Second-rate materials;
b) Scrap materials in loose form
or pressed into block or bar;
c) Fullest-use materials,
including:
- Steel rails, steel sleepers,
steel sheets, steel plates, steel rods, steel shapes, steel pipes, cast bars
steel wires and nets or various kinds;
- Pig iron, steel, copper,
copper alloy, aluminium, aluminium alloy, zinc, zinc alloy, nickel, nickel
alloy, which are recovered from cutting for demolition, dismantlement of construction
works, transport means, machinery, equipment and other products;
- Copper or aluminium cores of
electric wires, cables, which have already been stripped off their insulated
coats of plastic, rubber or other insulated substance;
- Electromagnetic wires (copper
wires coated with insulated enamel paints, cotton fibres or paper).
2. Group of paper and cardboard
materials:
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b) Scrap raw materials;
c) Fullest-use materials,
including paper, cardboard recovered from used products; paper and cardboard in
forms of faulty products, discarded materials.
3. Group of glass materials:
a) Second-rate raw materials;
b) Scrap raw materials;
c) Fullest-use materials:
assorted glass materials recovered from used products.
4. Group of plastic materials:
a) Second-rate raw materials;
b) Scrap raw materials;
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Article 6.-
Conditions on imported discarded materials
Before being imported, the discarded
materials must satisfy the following conditions:
1. Not being mixed with
materials, products and/or goods which are banned from import under Vietnamese
laws and international treaties which Vietnam has signed or acceded to;
2. Not containing hazardous
impurities;
3. Not mixed with wastes, except
for non-hazardous impurities sticking fast thereto or being separated therefrom
in the course of loading, unloading and transportation.
Article 7.-
Conditions on discarded material-importing organizations, individuals
Only organizations and
individuals that fully meet the following conditions are permitted to import,
or to entrust the import of, discarded materials for use as production raw
materials:
1. Having storehouses and/or
yards used exclusively for storage of imported discarded materials, which
satisfy the environmental conditions in the course of storing discarded
materials;
2. Being fully capable of
treating impurities accompanying imported discarded materials.
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Organizations and individuals
that import discarded materials and/or use imported discarded materials shall
have the responsibilities:
1. To abide by the law
provisions on environmental protection and other relevant law provisions;
2. To import only discarded
materials compatible with the categories of production raw materials of their
own establishments;
3. Within at least five (5)
working days before unloading and transporting imported discarded materials
from border-gates to storehouses or gathering yards, to notify in writing the
provincial/municipal Services of Natural Resources and Environment of the
localities where exist production establishments or imported discarded material
storehouses, storing yards of the categories, volume, weight of the imported
discarded materials; the bordergates where discarded materials are imported;
discarded material transportation routes; locations of discarded material storehouses
or storing yards; locations where discarded materials are put into production;
4. To organize the treatment of
impurities after they are separated from imported discarded materials used as
production raw materials; not to give or sell such impurities.
Article 9.-
Responsibilities of provincial/municipal Services of Natural Resources and
Environment
The provincial/municipal
Services of Natural Resources and Environment of the localities where exist the
production establishments using discarded materials; warehouses or yards for
storage of imported discarded materials; and/or establishments for
environmental treatment related to imported discarded materials, shall have the
responsibilities:
1. To examine the observance of
environmental protection regulations applicable to discarded materials imported
for use as production raw materials under this Regulation and the law
provisions on environmental protection;
2. To detect, prevent and handle
in time violations of regulations on environmental protection according to the
current law provisions on environmental protection;
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4. To report to the Ministry of
Natural Resources and Environment on problems and obstacles related to the
import and use of discarded materials as production raw materials for timely
solution.
Article 10.-
Handling of violations
1. Organizations and individuals
that import discarded materials and/or use imported discarded materials as
production raw materials and violate regulations on environmental protection
shall, depending on the seriousness of their violations, be handled according
to current regulations on sanctioning administrative violations in the field of
environmental protection or examined for penal liability.
2. Officials and public servants
who fail to fulfill their responsibilities while performing their official
duties, causing adverse consequences or troubles, harassment for organizations
and/or individuals, that import discarded materials and/or use imported
discarded materials as production raw materials, shall, depending on the
seriousness of their violations, be disciplined or examined for penal liability.
Chapter III
IMPLEMENTATION PROVISIONS
Article 11.-
Organization of implementation
1. The Environmental Protection
Department has the responsibility to guide, monitor and examine the
implementation of regulation on environmental protection for discarded
materials imported for use as production raw materials; biannually and annually
reports to the Minister on the implementation situation.
2. The Ministry's Inspectorate
has the responsibility to coordinate with the Environmental Protection
Department in detecting violations, inspecting and handling them in time
according to its competence or propose the handling of violations.
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MINISTER OF
NATURAL RESOURCES AND ENVIRONMENT
Mai Ai Truc