Circular 02/2022/TT-BTNMT detailing the Law on Environmental Protection

CIRCULAR

Detailing a number of articles of the Law on Environmental Protection

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Pursuant to the Law on Environment Protection dated June 23, 2014;

Pursuant to Government’s Decree No. 36/2017/ND-CP dated April 04, 2017, defining the functions, tasks, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Government's Decree No. 08/2022/ND-CP dated January 10, 2022, detailing a number of articles of the Law on Environment Protection;

Pursuant to the Government's Decree No. 47/2020/ND-CP dated April 09, 2020, prescribing the management, connection and sharing of digital data of state agencies;

At the proposal of the Director General of Vietnam Environment Administration and the Director of the Department of Legal Affairs;

The Minister of Natural Resources and Environment hereby promulgates the Circular detailing a number of articles of the Law on Environmental Protection,

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details the implementation of a number of articles of the Law on Environmental Protection, the Government's Decree No. 08/2022/ND-CP dated January 10, 2022, detailing a number of articles of the Law on Environmental Protection (hereinafter referred to as the Decree No. 08/2022/ND-CP), including:

1. Detailing 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. Detailing 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 the Decree No. 08/2022/ND-CP.

3. Detailing the implementation of Articles, Clauses and Points mentioned in Clauses 1 and 2 of this Article, including contents and order of implementation, forms of documents, decisions and reports related to the protection of water environment, soil environment, natural heritage environment; the environmental protection in provincial-level master plans, strategic environmental assessment, environmental impact assessment, environmental license and environmental registration; management of domestic solid wastes, normal industrial solid wastes and hazardous wastes; on-site wastewater management and special waste management; assessment of the conformity of scraps imported from other countries for use as production materials with environmental technical regulations; management of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants; environmental monitoring, environmental information and databases and environmental reports; environmental status reports; rehabilitation of the environment after environmental incidents; payment for natural ecosystem services; assessment of the conformity of products and services with the Vietnam Green Label’s criteria; responsibility for recycling of products, packings and treatment of wastes of institutional or individual manufacturers or importers; examination of observance of the law on environmental protection, making statistics on, monitoring and disclosing, sources of spending on environmental protection.

Article 2. Subjects of application

This Circular applies to agencies, organizations, residential communities, households, and individuals involved in activities specified in Article 1 of this Circular in the territory of the Socialist Republic of Vietnam, including its mainland, islands, maritime zones, underground areas, and air space.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Waste generator means an organization or individual that owns or is assigned to manage and operate a waste-generating facility.

2. Waste treatment facility owner means an organization or individual that owns or is assigned to manage and operate a waste treatment facility or waste burial site.

3. Domestic solid waste gathering place means the place where domestic solid waste is transferred from the means of gathering domestic solid wastes at the waste source, public areas, or street cleaning to motor vehicles with large loads.

4. Bulky solid wastes mean large-sized discarded household items such as cabinets, beds, mattresses, tables, chairs or other similar items or stumps, trunks, branches.

5. Centralized waste treatment zone means the area planned for the centralized treatment of one or more waste type(s), including domestic solid wastes, normal industrial solid wastes, hazardous wastes and other solid wastes, except for waste co-treatment and medical waste treatment under the cluster model. Centralized waste treatment zone means one or more waste treatment facility(ies) or waste burial site(s).

6. High-biodiversity area means a natural area with biological value that is outstanding or important to the province, region, country, or international community, which needs to be managed appropriately to maintain, develop sustainably and preserve the biodiversity on-site in order to enhance the existing values, meet the criteria specified at Point b Clause 2 Article 20 of the Law on Environmental Protection.

7. Important ecological landscape means an area formed by the interaction of natural and man-made factors, having a specific or representative natural ecosystem for the local, national or international, meeting the criteria specified at Points a and d Clause 2 Article 20 of the Law on Environmental Protection.

8. Important natural landscape means a natural area meeting the criteria specified at Point a Clause 2 Article 20 of the Law on Environmental Protection.

Chapter II

PROTECTION OF ENVIRONMENT COMPONENTS AND NATURAL HERITAGES

Section 1

PROTECTION OF THE WATER ENVIRONMENT

Article 4. Assessment of load capacity of the surface water environment

1. The assessment of load capacity of the surface water environment of a river or lake shall comply with the Minister of Natural Resources and Environment’s Circular No. 76/2017/TT-BTNMT dated December 29, 2017, providing regulations on assessing the wastewater receipt capacity and load capacity of the river or lake water sources (hereinafter referred to as the Circular No. 76/2017/TT-BTNMT) and Article 82 of this Circular.

2. The load capacity of the surface water environment is the wastewater receipt capacity and load capacity of the river or lake water sources as prescribed in the Circular No. 76/2017/TT-BTNMT.

Article 5. Protection of the groundwater environment

1. The protection of the groundwater environment in groundwater exploration or exploitation activities shall comply with the Minister of Natural Resources and Environment’s Circular No. 75/2017/TT-BTNMT dated December 29, 2017, prescribing the protection of groundwater in drilling and excavation activities and groundwater exploration and exploitation.

2. The monitoring and supervision of groundwater quality in groundwater exploitation activities shall comply with Article 13 of the Minister of Natural Resources and Environment’s Circular No. 17/2021/TT-BTNMT dated October 14, 2021, on monitoring the exploitation and use of water resources.

3. Agencies, organizations, residential communities, households, and individuals that cause groundwater environment pollution shall take measures to manage and treat wastewater, solid wastes and other environmental protection measures to prevent the release of pollutants into the groundwater environment in accordance with regulations on management and treatment of wastewater and solid wastes, and relevant laws.

Section 2
PROTECTION OF THE SOIL ENVIRONMENT

Article 6. Principles and criteria for identification and classification of polluted areas of the soil environment

1. Polluted areas of the soil environment shall be classified by the criteria including sources of residual pollution, ability to spread, and subjects of impact.

2. The identification of pollution level shall be based on the total evaluation score of the criteria specified in Clause 3 of this Article.

3. Criteria for identification of pollution level of polluted areas of the soil environment and calculation of the score for the evaluation of the criteria of polluted areas of the soil environment according to Form No. 01 provided in Appendix I to this Circular.

4. Polluted areas of the soil environment shall be classified according to one of the following three levels:

a) The pollution level in case the polluted area has a total score of lower than 40 points for evaluation of the criteria specified in Clause 3 of this Article;

b) The severe pollution level in case the polluted area has a total score of 40 to 75 points for evaluation of the criteria specified in Clause 3 of this Article;

a) The particularly severe pollution level in case the polluted area has a total score of over 75 points for evaluation of the criteria specified in Clause 3 of this Article.

Article 7. Preliminary survey and assessment of the soil environment quality; detailed survey and assessment of the polluted areas of the soil environment

1. Agencies, organizations, residential communities, households and individuals using land in the areas specified in Clause 1 Article 12 of the Decree No. 08/2022/ND-CP shall be responsible for making reports of preliminary survey and assessment of the soil environment quality; detailed survey and assessment of polluted areas of the soil environment, plans for soil environmental treatment, remediation and rehabilitation according to Form No. 02, Form No. 03 and Form No. 05 provided in Appendix I to this Circular.

2. Before December 25 every year, the provincial-level People's Committees, the Ministry of National Defense, and the Ministry of Public Security shall summarize and send to the Ministry of Natural Resources and Environment a list of particularly severely polluted areas of the soil environment due to history or unidentifiable polluters according to Form No. 04 provided in Appendix I to this Circular.

Section 3

PROTECTION OF NATURAL HERITAGE ENVIRONMENT

Article 8. Application form for appraisal, report on establishment project and report on survey and assessment of natural heritages

1. A written request for appraisal of other natural heritage establishment projects as prescribed at Point c Clause 1 Article 20 of the Law on Environmental Protection, made according to Form No. 06 provided in Appendix I to this Circular.

2. Reports on other natural heritage establishment projects as prescribed at Point c Clause 1 Article 20 of the Law on Environmental Protection, made according to Form No. 07 provided in Appendix I to this Circular.

3. Report on the results of survey and assessment of natural heritages made according to Form No. 08 provided in Appendix I to this Circular.

Article 9. Formulation and approval of regulations and plans on management and protection of natural heritage environment

1. The formulation and approval of regulations and plans on management and protection of natural heritage environment (hereinafter referred to as regulations and plans) shall be carried out as follows:

a) The agency assigned to manage the natural heritage shall be responsible for formulating a draft regulation and plan using the form specified in Clauses 2 and 3 of this Article and collecting opinions from related agencies and organizations;

b) The agency assigned to manage the natural heritages shall study, receive and explain comments and suggestions, complete the draft regulation and plan, and submit it to the provincial-level People's Committee for consideration and promulgation.

A dossier submitted for promulgation of regulations and plans comprises: Report, draft decision on promulgation of regulations and plans; report on synthesis, explanation, acceptance and completion of draft regulation and plan; written comments of related agencies and organizations;

c) For natural heritages located in the area of 2 or more provinces or centrally-run cities or located on sea areas where the administrative management responsibility of the provincial People's Committee has not yet been determined, the draft regulation and plan shall be sent to the People's Committee of the province with the boundary of the area belonging to the natural heritage, relevant ministries and ministerial-level agencies for comments, shall be completed and submitted to the Ministry of Natural Resources and Environment for appraisal and approval;

d) For natural heritages of which the management regulations and plans issued before the effective date of this Circular, the provisions of Point a Clause 6 Article 21 of the Decree No. 08/2022/ND-CP shall be complied with and such regulations and plans shall be submitted to competent authorities for approval within 6 months.

2. Contents of the regulations on management and protection of natural heritage environment shall comply with Form No. 09 provided in Appendix I to this Circular.

3. Contents of plans for management and protection natural heritage environment shall comply with Form No. 10 provided in Appendix I to this Circular. The duration of the plan for management and protection natural heritage environment is 5 years.

4. The agency assigned to manage natural heritages shall be responsible for organizing the implementation of the regulations and plans after obtaining approval from the competent authorities; sending the report on the management of natural heritages, which includes the results of the implementation of the regulations and plans, to the agency competent to approve the regulations and plans on an annual basis; updating the implementation results into the national biodiversity database.

Chapter III

ENVIRONMENTAL PROTECTION CONTENTS IN PROVINCIAL-LEVEL MASTER PLANS, STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT, ENVIRONMENTAL LICENSES AND ENVIRONMENTAL REGISTRATION

Section 1

ENVIRONMENTAL PROTECTION CONTENTS IN PROVINCIAL-LEVEL MASTER PLANS AND STRATEGIC ENVIRONMENTAL ASSESSMENT

Article 10. Environmental protection contents in provincial-level master plans

Environmental protection contents in provincial-level master plans shall comply with the law on planning and the law on environmental protection, including the following main contents:

1. Analysis and assessment of the local environment, including:

a) Zoning of the environment by areas under strict protection, areas where emission is reduced and other areas;

b) Conservation of nature and biodiversity, including areas of high biodiversity, important wetlands, areas of important ecological landscapes, important natural landscapes, biodiversity corridors, nature reserves, biodiversity conservation facilities;

c) Centralized waste treatment areas;

d) Network of soil, water and air environment monitoring and warning.

2. Determination of viewpoints, goals, tasks and solutions for environmental protection associated with the organization and arrangement of the provincial development space in the planning period.

3. Determination of the plan for environmental zoning by areas under strict protection, areas where emission is reduced and other areas according to Point b Clause 9 Article 28 of the Government's Decree No. 37/2019/ND-CP dated May 07, 2019, detailing the implementation of a number of articles of the Law on Planning (hereinafter referred to as the Decree No. 37/2019/ND-CP) and Clauses 2, 3 and 4 Article 22 of the Decree No. 08/2022/ND-CP.

4. Determination of plans for conservation of nature and biodiversity, including plans for establishing areas of high biodiversity, important wetlands, areas of important ecological landscapes, important natural landscapes, biodiversity corridors, nature reserves and biodiversity conservation facilities as prescribed at Point b Clause 3 Article 25 and Point c Clause 9 Article 28 of the Decree No. 37/2019/ND-CP.

5. Determination of plans for development of centralized waste treatment areas according to Point d Clause 9 Article 28 of the Decree No. 37/2019/ND-CP.

6. Determination of plans for establishment of networks of environmental monitoring and warning according to Point dd Clause 9 Article 28 of the Decree No. 37/2019/ND-CP.

Article 11. Contents of strategic environmental assessment

1. The strategic environmental assessment content of the strategy is specified in Clause 1 Article 27 of the Law on Environmental Protection and detailed in Form No. 01a provided in Appendix II to this Circular.

2. Content of the report on the strategic environmental assessment of the master plan is specified in Clause 2 Article 27 of the Law on Environmental Protection; the results of the strategic environmental assessment of the planning shall be made into a report according to Form No. 01b provided in Appendix II to this Circular.

Section 2
ENVIRONMENTAL IMPACT ASSESSMENT

Article 12. Contents of environmental impact assessment reports and records of consultation meetings in environmental impact assessment

1. Contents of environmental impact assessment reports are specified in Form No. 04 provided in Appendix II to this Circular.

2. Records of the consultation meetings for the subjects specified at Point a Clause 1 Article 26 of the Decree No. 08/2022/ND-CP shall comply with Form No. 04a provided in Appendix II to this Circular.

Article 13. Organization and operation of the council for appraisal of environmental impact assessment reports, the council for appraisal of plans for environmental remediation and rehabilitation in mineral mining activities

1. The council for appraisal of environmental impact assessment reports the council for appraisal of plans for environmental remediation and rehabilitation in mineral mining activities (in this Article collectively referred to as the appraisal council) shall be responsible for advising the head of the appraisal agencies; take responsibility before appraisal agencies and before law for appraisal results.

2. The appraisal council shall work on the principle of public discussion among the members of the appraisal council, between the appraisal council and the facility or project owner in the form of holding official meeting and thematic sessions shall be decided by the council chairperson in case of necessity.

3. The official meeting of the appraisal council may only be held when the following conditions are fully satisfied:

a) 2/3 (two-thirds) or more of the members participate in the on-site or online meeting, including the chairperson or the authorized vice-chairperson (hereinafter collectively referred to as the chairperson of the meeting), a secretarial commissioner and at least one review commissioner;

a) A competent representative of the project or facility owner participates in the meeting;

d) The fees for appraisal of environmental impact assessment reports and the plans for environmental remediation and rehabilitation have been paid in accordance with law.

4. Members of the appraisal council participating in the official meeting of the appraisal council shall be responsible for writing the appraisal sheet. The appraisal council's members who are absent may send their written comments before the official meeting is held, and such comments shall be considered as the ones of members who participate in the official meeting but refuse to write the appraisal and assessment sheet;

5. Delegates participating in the meeting of the appraisal council shall be decided by the appraisal agency in case of necessity. Participating delegates shall be entitled to express opinions in the appraisal council’s meetings, directed by the chairperson of the meeting, and receive remuneration in accordance with law.

6. The chairperson, vice-chairperson (if any) of the appraisal council and the secretarial commissioner of the appraisal council must be civil servants of the appraisal agency, except for the case specified in Clause 8, Article 34 of the Law on Environmental Protection. The chairperson of the council (or the vice-chairperson authorized by the chairperson in case he/she is absent) and the council secretarial commissioner shall be responsible for signing the records of the appraisal council meeting.

7. Members of the appraisal council shall be responsible before the appraisal agency and law for their comments and assessments of the environmental impact assessment reports, the plans for environmental remediation and rehabilitation, and the contents and tasks assigned by the council chairperson during the appraisal process; be provided with meeting documents at least 03 days before the meeting of the appraisal council; receive remuneration in accordance with the provisions of the law.

8. The appraisal results of the appraisal council are prescribed as follows:

a) Approval without modification or supplementation: When all members of the appraisal council attending the meeting vote for approval without modification or supplementation;

b) Disapproval: When more than 1/3 (one third) of the council members attending the appraisal vote for disapproval;

c) Approval with modification or supplementation: Not falling into the cases specified at Points a and b of this Clause.

Article 14. Publicizing the list of councils for appraisal of environmental impact assessment reports

The agency appraising environmental impact assessment reports shall be responsible for publicizing the list of appraisal councils on its e-portal together with the decisions approving the appraisal results of the environmental impact assessment report of investment projects, except for investment projects classified as state secrets.

Article 15. Form of documents and dossiers for appraisal of environmental impact assessment reports; decisions on approval of appraisal results of environmental impact assessment

1. Written request for appraisal of environmental impact assessment reports shall be made according to Form No. 02 provided in Appendix II to this Circular.

2. Decision on the establishment of a council to appraise environmental impact assessment reports shall be made according to Form No. 03 provided in Appendix II to this Circular.

3. Record of actual survey of the project area (if any) shall be made according to Form No. 05 provided in Appendix II to this Circular.

4. Written comment on reports of environmental impact assessment of members of the appraisal council shall be made according to Form No. 06 provided in Appendix II to this Circular.

5. Appraisal vote on the environmental impact assessment report of the members of the appraisal council shall be made according to Form No. 07 provided in Appendix II to this Circular.

6. Record of the establishment of a council to appraise environmental impact assessment reports shall be made according to Form No. 08 provided in Appendix II to this Circular.

7. Notice of results of appraisal of environmental impact assessment reports shall be made according to Form No. 09 provided in Appendix II to this Circular.

8. Decision on approving the results of appraisal of the environmental impact assessment reports shall be made according to Form No. 10 provided in Appendix II to this Circular.

Article 16. The time limit for collecting opinions and approving results of appraisal of environmental impact assessment reports for investment projects discharging wastewater into irrigation works

Within a maximum of 5 working days from the date of receiving the written opinion from the agency appraising the environmental impact assessment reports, the state agency managing the irrigation works shall be responsible for giving written opinions on the approval of appraisal results. In case the state agency fails to reply in writing after the time limit for opinion collection expires, it is considered to agree with the contents of the environmental impact assessment reports. The written request for opinions and reply to comments shall be made according to Forms 04b and 04c provided in Appendix II to this Circular.

Article 17. Form of documents, dossiers of appraisal, decisions approving appraisal results of plans and technical instructions for environmental remediation and rehabilitation

1. Forms of documents in the appraisal and approval of appraisal results of plans for environmental remediation and rehabilitation for the subjects specified at Points b and c Clause 2 Article 67 of the Law on Environmental Protection include:

a) Contents of the plan for environmental remediation and rehabilitation shall be made according to Form No. 11 provided in Appendix II to this Circular;

b) Written request for appraisal of the plan for environmental remediation and rehabilitation shall be made according to Form No. 12 provided in Appendix II to this Circular;

c) Decision on the establishment of a council to appraise the plan for environmental remediation and rehabilitation shall be made according to Form No. 13 provided in Appendix II to this Circular;

d) Record of the appraisal council meeting, written comments, and appraisal form for the environmental remediation and rehabilitation plan shall be made according to Form No. 16 provided in Appendix II to this Circular;

dd) Written notice of appraisal results of the plan for environmental remediation and rehabilitation shall be made according to Form No. 17 provided in Appendix II to this Circular;

e) Decision on approve appraisal results of the plan for environmental remediation and rehabilitation shall be made according to Form No. 18 provided in Appendix II to this Circular;

g) Certificate of deposit for environmental remediation and rehabilitation shall be made according to Form No. 19 provided in Appendix II to this Circular.

2. The environmental remediation and rehabilitation shall be carried out according to the following technical guidelines:

a) Guidance on contents of environmental remediation and rehabilitation in mineral mining activities as prescribed in Form No. 20 provided in Appendix II to this Circular;

b) Methods of calculation and estimation of costs for environmental remediation and rehabilitation in mineral mining activities as prescribed in Form No. 21 provided in Appendix II to this Circular.

Section 3

ENVIRONMENTAL LICENSES AND ENVIRONMENTAL REGISTRATION

Article 18. Working principles and responsibilities of the appraisal council, appraisal group, inspection team, and inspection group for the grant of environmental licenses

1. The appraisal council and the appraisal group for the grant of environmental licenses (hereinafter referred to as the appraisal council) shall be responsible for advising the licensing agency in the process of granting or re-granting an investment project's environmental license; take responsibility before the environmental licensing agency and before the law for appraisal results.

2. The inspection team and the inspection group for the issuance of environmental permits (hereinafter referred to as the inspection team) shall be responsible for carrying out the physical inspection at the investment project's location, the facility, and comparing it with the dossier of request for the grant, adjustment or re-grant of an environmental license for the project or facility owner, ensuring compliance with the law on environmental protection, take responsibility before the environmental licensing agency and before the law for inspection results.

3. The appraisal council and inspection team shall work on the principle of public discussion.

4. An official meeting of the appraisal council or implementation of an inspection team may only be conducted when the following conditions are fully satisfied:

a) At least 2/3 (two thirds) of the members of the appraisal council must be present in person at the meeting or participate in an online meeting, including a chairperson or authorized vice-chairperson, an authorized group leader or deputy leader (hereinafter referred to as the chairperson) and a secretary;

a) At least 2/3 (two thirds) of the members of the inspection team must be present in person in the inspection, including a leader or authorized deputy leader of the inspection team, an authorized leader or deputy leader of the inspection group and a secretary;

c) There is the participation of a competent representative or an authorized representative of the project or facility owner as prescribed.

5. The appraisal council's members who are absent may send their written comments before the official meeting is held, and such comments shall be considered as the ones of members who participate in the official meeting but refuse to write the appraisal and assessment sheet.

6. Delegates participating in the meeting of the appraisal council shall be decided by the environmental licensing agency in case of necessity. Participating delegates shall be entitled to express opinions in the appraisal council’s meetings, directed by the chairperson of the meeting, 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 group, the leader or deputy leader of the inspection team, the leader or deputy leader of the inspection group, the secretaries of the appraisal council, inspection team or group must be public employees of the environmental licensing agency.

8. The chairperson of the council (or the vice-chairperson authorized by the chairperson in case he/she is absent), the leader of the inspection team (or the deputy leader authorized by the leader in case he/she is absent), the leader of the inspection group (or the deputy leader authorized by the leader in case he/she is absent) shall be responsible before the environmental licensing agency and the law for the appraisal content and inspection results; be responsible for signing records of meetings of the appraisal council and inspection records as prescribed.

9. Members of the appraisal council and inspection team shall be responsible before the environmental licensing agency and the law for comments and assessments of reports on the proposal for the grant or re-grant of an environmental license and the contents and tasks assigned by the chairperson during the appraisal and inspection process; and receive remuneration in accordance with the provisions of the law.

10. Results of the environmental license appraisal council are specified as follows:

a) Approval without modification or supplementation: When all members of the appraisal council attending the official meeting vote for approval without modification or supplementation;

b) Disapproval: when more than 1/3 (one third) of the appraisal council members attending the official meeting vote for disapproval;

c) Approval with modification or supplementation: not falling into the cases specified at Points a and b of this Clause.

Article 19. Form for grant of environmental licenses, revocation of environmental licenses, and physical inspection of the process of trial operation of waste treatment works

1. Decision on establishment of the appraisal council for grant of environmental license of investment projects shall be made according to Form No. 22 provided in Appendix II to this Circular and applied to cases subject to the establishment of an appraisal council as prescribed at Point c Clause 4 Article 29 of the Decree No. 08/2022/ND-CP.

2. Decision on establishment of an appraisal group for grant of environmental licenses for investment projects shall be made according to Form No. 23 provided in Appendix II to this Circular and applied to cases subject to the establishment of an appraisal group as prescribed at Point c Clauses 4 and Clause 9 Article 29 of the Decree No. 08/2022/ND-CP.

3. Decision on establishment of an inspection team for the grant, adjustment or re-grant of environmental licenses of investment projects or facilities shall be made according to Form No. 24 provided in Appendix II to this Circular, and applied to one of the following cases:

a) Being subject to the establishment of an inspection team for the grant of environmental licenses as specified at Point c Clause 4 Article 29 of the Decree No. 08/2022/ND-CP;

b) Being subject to the establishment of an inspection team for re-grant of environmental license as specified at Points a and b Clause 5 Article 30 of the Decree No. 08/2022/ND-CP;

c) Being subject to the establishment of an inspection team as specified in Clause 3 Article 30 of the Decree No. 08/2022/ND-CP.

4. Decision on the establishment of an inspection team in case of granting or re-granting environmental licenses to facilities currently operating under the licensing competence of the district-level People's Committee shall be made according to Form No. 25 provided in Appendix II to this Circular.

5. Written notice of physical survey plans in case of grant of environmental licenses to an investment project that is not subject to environmental impact assessment shall be made according to Form No. 26 provided in Appendix II to this Circular.

6. Record of physical survey of an investment project area that is not subject to environmental impact assessment shall be made according to Form No. 27 provided in Appendix II to this Circular.

7. Record of the meeting of the appraisal council for grant of environmental license for an investment project shall be made according to Form No. 28 provided in Appendix II to this Circular.

8. Record of inspection for grant and re-grant of environmental license for an investment project and facility shall be made according to Form No. 29 provided in Appendix II to this Circular.

9. Written comments made by members of the appraisal council and the appraisal group for the grant of environmental license for an investment project shall be made according to Form No. 30 provided in Appendix II to this Circular.

10. Appraisal votes of members of the appraisal council or the appraisal group for the grant of an environmental license for an investment project shall be made according to Form No. 31 provided in Appendix II to this Circular.

11. Written comments made by members of the inspection team or the inspection group for the re-grant of environmental license for an investment project or facility shall be made according to Form No. 32 provided in Appendix II to this Circular.

12. Written notice of completion or return of application dossiers for environmental licenses of an investment project shall be made according to Form No. 33 provided in Appendix II to this Circular.

13. Report on inspection results of the inspection team for the grant and adjustment of environmental license of an investment project specified in Clause 3 Article 30 of the Decree No. 08/2022/ND-CP shall be made according to Form No. 34 provided in Appendix II to this Circular.

14. Written notice of environmental licensing agencies on the adjustment of the type and volume of hazardous wastes permitted to be treated or the volume of scraps permitted to be imported as raw production materials as specified in Clause 3 Article 30 of the Decree No. 08/2022/ND-CP shall be made according to Form No. 35 provided in Appendix II to this Circular.

15. Written consultation of the state agency managing irrigation works during the process of grant or re-grant of environmental license for an investment project or facility shall be made according to Form No. 36 provided in Appendix II to this Circular.

16. Written consultation with the state agency managing irrigation works during the process of grant, adjustment or re-grant of environmental license for an investment project or facility shall be made according to Form No. 36 provided in Appendix II to this Circular.

17. Written reply of the state agency managing the irrigation works shall be made according to Form No. 38 provided in Appendix II to this Circular.

18. Written reply of consulting agencies, organizations or experts in the process of grant, adjustment or re-grant of environmental licenses shall be made according to Form No. 39 provided Appendix II to this Circular.

19. Environmental license shall be made according to Form No. 40 provided in Appendix II to this Circular.

20. Adjusted environmental license shall be made according to Form No. 41 provided in Appendix II to this Circular.

21. Decision on revocation of environmental licenses shall be made according to Form No. 42 provided in Appendix II to this Circular.

22. Written notice of the plan for trial operation of waste treatment works of an investment project shall be made according to Form No. 43 provided in Appendix II to this Circular

23. Decision on appointment of public employees and civil servants for physical inspection of waste treatment works of an investment project or facility during trial operation for cases not specified in Clause 4 Article 46 of the Law on Environmental Protection shall be made according to Form No. 44 provided in Appendix II to this Circular.

24. Record of inspection, supervision of trial operation of waste treatment works by public employees and civil servants shall be made according to Form No. 45 provided in Appendix II to this Circular.

25. Record of inspection of trial operation of waste treatment works for an investment project or facility using scraps as raw production materials or using hazardous waste treatment services shall be made according to Form No. 46 provided in Appendix II to this Circular.

Article 20. Monitoring of additional waste for operating facilities when applying for environmental licenses

1. The additional waste monitoring as specified at Point e Clause 3 Article 28 of the Decree No. 08/2022/ND-CP shall be carried out as follows: taking a single sample (for wastewater) for 5 consecutive days and taking a pooled sample (for emission) for 2 consecutive days to evaluate the treatment efficiency of wastewater and emission treatment facilities and equipment (if any).

2. The additional waste monitoring as specified at Point dd Clause 5 Article 28 of the Decree No. 08/2022/ND-CP shall be carried out as follows: taking a single sample (for wastewater) and a pooled sample (for emissions) to evaluate the treatment efficiency of wastewater and emission treatment facilities and equipment (if any).

Article 21. Waste monitoring during trial operation of waste treatment works of projects or facilities

1. Monitoring for wastewater treatment works: The collection of wastewater samples for measurement, analysis and assessment of the conformity of wastewater treatment works must ensure compliance with the TCVN 5999:1995 (ISO 5667-10:1992) on water quality - sampling - guidance on sampling of wastewater. Pooled sample and frequency are specified as follows:

a) Pooled sample: a pooled sample shall be taken over time, including 03 sample samples taken at 3 different times of the day (morning, noon - afternoon, afternoon - evening) or at 3 different times (beginning, middle, end) of the production shift and then mix together;

b) The assessment period in the efficiency adjustment phase of the wastewater treatment work is at least 75 days from the date of starting the trial operation. Monitoring frequency and parameters are specified as follows: Frequency of wastewater monitoring shall be at least once every 15 days (measure, take and analyze pooled samples of the input and output of the wastewater treatment plant); monitoring parameters shall comply with environmental licenses.

In case of necessity, the project owner can measure, take and analyze some more single samples for the wastewater after treatment of the waste treatment works in this period in order to evaluate according to the technical regulations on waste and take solutions to adjust, improve and supplement such wastewater treatment works in a better direction;

c) The period to evaluate the efficiency in the stable operation of the wastewater treatment work is at least 7 consecutive days after the adjustment period specified at Point b of this Clause. In case of force majeure that cannot be measured, taken and analyzed consecutively, the measurement, collection and analysis of samples shall be carried out on the next day. Monitoring frequency and parameters are specified as follows: Frequency of wastewater monitoring shall be at least once a day (measure, take analyze individual samples for 1 input wastewater sample and at least 7 output wastewater samples in 7 consecutive days of the wastewater treatment work); monitoring parameters shall comply with environmental licenses.

2. Monitoring for dust and emission treatment works and equipment: The measurement and sampling of dust and emissions for analysis and evaluation of the effectiveness of each waste treatment project and equipment in the waste monitoring plan are prescribed as follows:

a) A combined sample shall be determined in one of the following two cases:

A combined sample shall be taken according to the continuous sampling method (isokinetic and other methods according to regulations on environmental monitoring techniques) to measure and analyze parameters according to regulations; or the result of a pooled sample is the average value of 3 measurement results of rapid field measuring devices (results measured by digital measuring devices) according to the law at 3 different times of the day (morning, noon-afternoon, afternoon-evening) or at 3 different times (beginning, middle, end) of the production shift;

b) The assessment period in the efficiency adjustment phase of each dust and emission treatment work or equipment is at least 75 days from the date of starting the trial operation. Monitoring frequency and parameters are specified as follows: frequency of dust and emission monitoring shall be at least once every 15 days (measure, take and analyze pooled samples of the input (if any) and output); monitoring parameters shall comply with environmental licenses;

c) The period to evaluate the efficiency in the stable operation of dust and emission treatment works or equipment is at least 7 consecutive days after the adjustment period specified at Point b of this Clause. In case of force majeure that cannot be measured, taken and analyzed consecutively, the measurement, collection and analysis of samples shall be carried out on the next day. Monitoring frequency and parameters are specified as follows: frequency of dust and emission monitoring is at least once a day (measure, take and analyze individual samples or samples taken by continuous sampling equipment before discharging into the environment of the dust and emission treatment works or equipment); monitoring parameters shall comply with environmental licenses.

3. The monitoring, identification and sorting of solid waste (including sewage sludge) as hazardous waste or normal industrial solid waste shall comply with the law on management of hazardous waste.

4. For investment projects or facilities specified in Column 3, Appendix 2 issued together with the Decree No. 08/2022/ND-CP, waste monitoring shall comply with the provisions of Clauses 1, 2 and 3 of this Article.

5. For projects that do not fall into the cases specified in Clause 4 of this Article, the waste monitoring shall be decided by the investment project and facility owner but must ensure monitoring of at least 3 single samples for 3 consecutive days of the stable operation of waste treatment works.

6. The monitoring of wastewater or emissions when re-operating the wastewater and emission treatment works specified at Point c Clause 7 Article 97 or Point c Clause 8 Article 98 of the Decree No. 08/2022/ND-CP shall be carried out as follows:

a) Facilities specified in Column 3 Appendix 2 issued together with the Decree No. 08/2022/ND-CP shall conduct waste monitoring according to Point c Clause 1 or Point c Clause 2 of this Article;

b) Establishments other than those specified in Column 3 Appendix 2 issued together with the Decree No. 08/2022/ND-CP shall conduct waste monitoring according to Clause 5 of this Article.

Article 22. Dossier and procedures for environmental registration

1. An environmental registration dossier comprises:

a) An application for environmental registration of the investment project or facility owner shall be made according to Form No. 47 provided in Appendix II to this Circular;

b) A copy of decision on approval of appraisal results of environmental impact assessment of an investment project or facility (if any).

2. The investment project or facility owner shall submit environmental registration dossiers to the commune-level People's Committee where the investment project or establishment is implemented directly, by postal service or electronically through the online public service system as prescribed in Clause 3 Article 49 of the Law on Environmental Protection.

Article 23. Receiving environmental registration

1. The commune-level People's Committee shall receive environmental registration dossiers sent directly, by post office or electronically through the online public service system by the investment project or facility owner.

2. The commune-level People's Committee shall update data on environmental registration into the national environmental information system and database.

Chapter IV

MANAGEMENT OF IMPORTED SCRAP AND WASTE AND CONTROL OF POLLUTANTS

Section 1

GENERAL PROVISIONS ON WASTE MANAGEMENT

Article 24. The list of hazardous wastes and industrial wastes subject to control and normal industrial solid wastes

1. The list of wastes includes: hazardous wastes and industrial wastes subject to control and normal industrial solid wastes and the waste codes specified in Form No. 01 provided in Appendix III to this Circular.

2. The sorting of wastes shall comply with the list of wastes specified in Clause 1 of this Article; the identification of industrial wastes subject to control that are hazardous wastes or normal industrial solid wastes shall comply with the environmental technical regulations on hazardous waste thresholds. Industrial wastes subject to control, that have not yet been identified, shall be managed as hazardous wastes. In case there is no technical regulation for certain properties and hazardous components, the national standard on environmental protection of one of the countries in the Group of industrialized countries shall be applied.

3. Normal industrial solid wastes shall be recovered, sorted, selected for reuse, or direct use as raw materials, fuel and materials for production activities (symbol: TT-R) according to the List of wastes specified in Clause 1 of this Article.

Article 25. Unit of waste volume

1. The volume of hazardous wastes, normal industrial solid wastes stated in dossiers, licenses, reports, vouchers, delivery records and other documents specified in this Circular shall be uniformly used in kilograms (abbreviated as kg).

2. The volume of domestic solid wastes stated in dossiers, licenses, reports, delivery records and other documents specified in this Circular shall be uniformly used in tons.

Section 2

MANAGEMENT OF DOMESTIC SOLID WASTES

Article 26. Technical requirements on environmental protection for gathering and transshipment stations of domestic solid wastes

1. Domestic solid waste gathering place:

a) The gathering places shall be arranged to ensure an effective connection between the waste collection, transportation and treatment; the radius for collection at households, organizations and individuals and environmental safety distance shall comply with the provisions of QCVN 01:2021/BXD - National Technical Regulation on construction planning issued together with the Minister of Construction's Circular No. 01/2021/TT-BXD dated May 19, 2021, promulgating national technical regulations on construction planning and other relevant legal regulations;

b) The gathering places must have a waste storage container with a capacity suitable for the storage time, ensuring no water leakage into the environment; be cleaned and disinfected after the operation is over; gathering places operating from 18:00 to 06:00 of the next morning must have lights;

c) Project owners, owners and management boards of new urban centers, condominiums or office buildings must arrange appropriate domestic solid waste gathering places in the process of design, construction and operation to serve the domestic solid waste disposal needs of all people living in the new urban centers, condominiums or office buildings;

d) Owners of production, business and service facilities shall arrange gathering places as prescribed at Point b of this Clause or may store domestic solid waste storage in the containers;

dd) The provincial-level People's Committee shall direct the district-level People's Committee to assume the prime responsibility for, and coordinate with domestic solid waste collection and transport units in, determining the location, time of gathering, operation time and the scale of receiving domestic solid wastes at appropriate gathering places; ensure traffic safety; minimize operation during peak hours.

2. Transshipment stations of domestic solid wastes:

a) It is required to comply with the provisions of QCVN 01:2021/BXD - National technical regulation on construction planning and other relevant legal regulations;

b) Fixed transshipment stations newly invested in urban areas of grade I or special grade must apply automatic, modern technology that is suitable to the conditions of each locality;

c) It is encouraged to use technology of underground, semi-underground or underground transshipment stations for some construction items in urban areas in order to save land use area but must ensure urban aesthetic design and not cause environmental pollution;

d) It is required to ensure the synchronous connection with local solid waste collection and transportation systems;

dd) The transshipment stations of domestic solid wastes must have a storage area for domestic solid waste sorted at source, bulky solid waste and equipment for collection and transportation; capable of storing hazardous waste after domestic solid waste is sorted according to the provincial-level People's Committee’s regulations;

e) The transshipment stations in urban areas must arrange waste receiving areas with enough area for vehicles to stop waiting to dump wastes; ensuring the closure to minimize the spread of pollution, odor and insects;

g) The transshipment stations must be equipped with weighing systems and equipment; vehicles of collection, transportation in and out of transshipment stations must be cleaned and disinfected; camera surveillance systems; systems and software to monitor and update domestic waste volumes and vehicles of collection, transportation in and out of transshipment stations must be equipped;

h) The people's Committees at all levels shall determine the location, operation time and scale of domestic solid waste reception at transshipment stations.

Article 27. Technical requirements on environmental protection for vehicles carrying domestic solid wastes

1. Motor vehicles carrying domestic solid wastes must meet the requirements on technical safety and environmental protection in accordance with the law on transport. Specialized vehicles for pressing domestic solid wastes must have a container to store leachate.

2. It is required to ensure that there is no drop of domestic solid waste, leakage of leachate, or odor emission from vehicles carrying domestic solid wastes during transportation; such vehicles must be cleaned, sprayed and disinfected before leaving transshipment stations, treatment facilities and after completing the collection and transportation of domestic solid wastes.

3. For vehicles collecting domestic solid waste from households and individuals to gathering places or transshipment stations, it is required to ensure that there is no drop of domestic solid waste or leakage of leachate into the environment.

4. Domestic solid waste containers shall be fixed or removable on vehicles and must ensure safe storage, no damage, no broken shell and no seepage, leakage of leachate, emission of waste and odors into the environment.

5. The application of advanced and environmentally friendly models, technologies and technical solutions and the promotion of information technology application in the management of domestic solid waste collection and transportation shall comply with the provincial-level People's Committee’s regulations.

Article 28. Criteria for domestic solid waste treatment technology

1. Regarding technologies:

a) Being able to receive and sort wastes, treat odors, leachate and emissions, being flexible in combining other technologies, and treating different types of solid waste; capable of capacity expansion, energy recovery, secondary waste treatment; appropriate level of treatment scale;

b) The automation and localization levels of the equipment lines; rate of treatment, reuse, recycling and burial of domestic solid wastes; advanced level of treatment technology; durability of equipment and technological lines; origin of the equipment; the uniformity of equipment in the technological chain, the ability to use and replace all kinds of domestic components and spare parts, the localization rate of the technology and equipment system;

c) Priority is given to technologies that have been successfully applied, meet environmental technical standards and regulations on waste treatment and recycling equipment, and are suitable to Vietnam's conditions and are evaluated and appraised by competent agencies in accordance with the law on science and technology and the law on technology transfer; technologies on the list of technologies encouraged to transfer in accordance with the law on technology transfer.

2. Regarding environment and society:

a) Ensuring environmental safety standards and technical regulations;

b) Saving land use area;

c) Saving energy and the ability to recover energy in the treatment process;

d) Ability to train local human resources involved in equipment management, operation, maintenance and repair.

3. Regarding economic:

a) Treatment cost suitable to the local authority's payment ability or not exceeding the level of treatment cost announced by competent agency;

b) Consumption of products from waste recycling activities;

c) Potential and economic value from the reuse of waste, energy and useful products created after treatment;

d) Market demand and product quality standards after treatment;

dd) The conformity in equipment construction, installation, operating, maintenance and repair costs.

Article 29. Costs for collection, transportation and treatment of domestic solid wastes

1. Service charges for collection, transportation and treatment of domestic solid wastes include:

a) Service charges applicable to organizations and individuals generating domestic solid wastes are expenses that households, individuals, agencies, organizations, production, business and service facilities, project owners of construction and business of infrastructure of production, business and service centers, industrial clusters as prescribed in Clauses 1, 3 and 4 Article 79 of the Law on Environmental Protection have to pay for the collection, transportation and treatment of domestic solid wastes;

b) Service charges applicable to project owners, domestic solid waste collection, transportation and treatment facilities are expenses paid by the People's Committees of all levels to the investor or establishment selected according to Clause 1 Article 77, Clause 2 Article 78 of the Law on Environmental Protection and Article 59 of the Decree No. 08/2022/ND-CP to provide services of collection, transportation and treatment of domestic solid wastes.

2. The principles of determining service charges applicable to organizations and individuals generating domestic solid waste are specified as follows:

a) Service charges for collection, transportation and treatment of domestic solid wastes generated from households, individuals and subjects specified in Clause 1 Article 58 of the Decree No. 08/2022/ND-CP shall be calculated on the principle of offsetting through local budgets;

a) Service charges for collection, transportation and treatment of domestic solid wastes generated from agencies, organizations, production, business and service facilities, project owners of construction and business of infrastructure of production, business and service centers, industrial clusters as prescribed in Clause 2, Article 58 of the Decree No. 08/2022/ND-CP shall be calculated on the principle of determining the correct and sufficient cost for collection, transportation and treatment.

3. Project owners and domestic solid waste treatment service providers shall be responsible for formulating, submitting for appraisal and approval of the plan on determining service charge rates as specified at Point b Clause 1 of this Article in accordance with the law on prices.

Article 30. Form of collecting service charges for collection, transportation and treatment of domestic solid wastes by their weight or volume

1. The provincial-level People's Committee shall decide on the form collecting service charges for collection, transportation and treatment of domestic solid wastes by their weight or volume in one of the following cases:

a) Through the selling price of package of domestic solid wastes. The selling price of package includes the cost of producing the package and the service charge for collection, transportation and treatment;

b) Through the volume of domestic solid waste containers;

c) Through weighing and determining the volume of domestic solid wastes (for agencies and organizations) or other forms prescribed by the provincial-level People's Committee.

2. Technical requirements for packages of domestic solid waste specified at Point a Clause 1 of this Article:

a) Having different specifications, designs, specific sizes and different volumes as prescribed by the provincial-level People's Committee to ensure that they are easily distinguishable from other ordinary packages. Each type of domestic solid waste packages has different volume corresponding to different selling price;

b) Packages containing different types of domestic solid waste with different colors; packages of food waste are green, packages of other domestic solid wastes are yellow. In case of necessity, the provincial-level People's Committee shall prescribe other colors to ensure uniformity and consistency in the province;

c) Waste package materials must be suitable with local waste treatment technology. It is encouraged to use biodegradable package materials;

d) For packages containing food waste or with food waste, it is required to avoid water leakage and odor dispersion;

dd) In case the locality stipulates that domestic waste must be sorted into different types as prescribed at Point c Clause 1 Article 75 of the Law on Environmental Protection, materials used as packages of domestic wastes must ensure that the type of waste contained inside is visible. In case only the regulation on sorting wastes into recyclable solid wastes and other domestic solid wastes is specified, this regulation shall not be applied;

e) Packages containing domestic solid wastes must be designed to be easy to tie and open, to ensure that domestic solid waste does not fall out and be convenient for checking;

g) Solid waste capable of being reused or recycled shall be stored in common packages, ensuring storage capacity and without causing environmental pollution.

3. The collection of service charges through packages as prescribed at Point a Clause 1 of this Article shall be implemented as follows:

a) The provincial-level People's Committee shall select production and distribution facilities for domestic solid waste packages through bidding according to the law on bidding. In case it is not possible to select through bidding, it shall be carried out in the form of ordering or assigning tasks as prescribed by law. Facilities producing and distributing domestic solid waste packages are specialized facilities or facilities that collect and transport domestic solid wastes;

b) Facilities distributing domestic waste packages shall distribute by selling; distribute to households and individuals with a certain number of packages according to a certain monthly norm or in other forms.

Article 31. Methods for determining domestic waste treatment service charge applicable to investors and providers of domestic solid waste treatment services

1. Domestic waste treatment service charges shall be determined according to the following formula:

Gxlctr ⁼ Z_TB + (Ztb * P)

In which:

- G_xlctr: is the service charge for treatment of 1 ton of domestic solid wastes excluding value-added tax (VAT). Unit: VND;

- Z_TB: is the total cost for treatment of 1 ton of domestic solid wastes. Unit: VND

- P is the profit rate (%) of the project or equal to the average medium-term interest rate of 3 commercial banks in Vietnam.

2. The total cost for treatment of 1 ton of domestic solid wastes (Z_TB) shall be determined by the following formula:

In which:

- Z_TB: is the total cost for treatment of 1 ton of domestic solid wastes. Unit: VND

- C_T: is the total reasonable and valid cost for providing the domestic solid waste treatment services (Unit: VND), including direct material costs; direct labor costs; direct machine and equipment costs; general production costs; enterprise management costs. The above costs are specified in Clauses 3, 4, 5, 6 and 7 of this Article;

- Z_th: is the revenue from the sale of products recovered after the treatment of domestic solid wastes. Unit: VND

- Q: is the total volume of domestic solid wastes transported to the treatment facility for treatment. Unit: ton.

3. Cost of direct materials (Cvt), including costs of direct materials used in domestic solid waste treatment, determined by the total volume of each type of materials multiplied by (x) the respective unit cost of materials, in which:

a) Weight of each type of material shall be determined on the basis of regulations, standards and norms of material consumption for domestic solid waste treatment promulgated or announced by competent state agencies. In case there is no material wastage norm promulgated or announced by competent state agencies, units making the charge plan shall organize to determine a reasonable material consumption which shall be used as a basis for determining the cost of materials when formulating the service charge plan for domestic solid waste treatment;

b) The material cost means the price to domestic solid waste treatment facilities, consistent with the market price determined according to the announced price or invoice as prescribed by law at the time of making the plan. For manufactured products subject to value-added tax calculated by the deduction method, the material cost does not include value-added tax. For manufactured products that are not subject to value-added tax or subject to value-added tax calculated by the direct method, the material cost includes value-added tax.

4. Direct labor costs (C_NC) include the monetary costs that domestic solid waste treatment facilities have to pay to direct workers (salaries, wages and other allowances of salary nature, social insurance, health insurance, unemployment insurance, union fees) and other prescribed costs for workers directly treating domestic solid wastes. In which:

a) The costs of salaries and wages shall be determined by the number of working days according to the norm of direct labor wastage for domestic solid waste treatment promulgated or announced by competent agencies multiplied (x) by the corresponding workday unit price. The unit price per day of a worker directly providing domestic solid waste treatment services shall be determined according to regulations of competent state agencies. In case there is no labor wastage norm promulgated or announced by competent state agencies, units making the charge plan shall organize to determine a reasonable labor wastage that shall be used as a basis for determining the labor cost when formulating the service charge plan for domestic solid waste treatment;

b) Costs for social insurance, health insurance, unemployment insurance, union fees and other expenses of workers directly providing domestic solid waste treatment services shall comply with current laws (including amounts payable by employees and enterprises).

5. Direct costs for machine and equipment (Ccm) shall be determined on the basis of all costs related to the machine and equipment prices, the mode of management, use and depreciation of machines and equipment in accordance with law; method of determining the cost of construction machine and equipment shall comply with law provisions. When determining the cost of machines and equipment, it is necessary to determine the depreciation time of the machine and equipment according to the characteristics of the working conditions of the machine and equipment.

6. Manufacturing overhead (Csxc), including indirect production costs (other than direct materials costs; direct labor costs; direct machine and equipment costs) incurred at domestic solid waste treatment facilities, including direct maintenance and repair of machines and equipment; depreciation and repair of fixed assets (except direct machines and equipment); cost of materials, tools and means for the workshop; wages and allowances of salary nature; deductions for social insurance, health insurance, unemployment insurance and union fees of cadres and employees of the workshop (including amounts payable by employees and enterprises); costs of environmental inspection and monitoring; cost of renting premises for production (if any); costs of services purchased from outside and other monetary costs shall be included in the cost according to the law. To be specific:

a) Cost of materials and labor in the manufacturing overhead shall be determined in the same way as direct material and labor costs specified in Clauses 3 and 4 of this Article;

b) Depreciation and repair costs of fixed assets in manufacturing overhead shall be determined according to the provisions of law on the regime of management, use and depreciation of fixed assets.

7. Administration expenses (Cq), including expenses for the management and administration apparatus of an enterprise and other expenses as prescribed by law.

Article 32. Closing a domestic solid waste landfill after the end of the operation

1. The closure of a hygienic domestic waste landfill shall be carried out in one of the following cases:

a) The volume of domestic solid waste buried in the domestic solid waste landfill has reached the maximum capacity according to the receiving capacity approved by competent agencies;

b) The waste treatment facility owner is unable to continue operating the domestic solid waste landfill and is unable to transfer the operation of the domestic solid waste landfill;

c) In case the waste treatment facility owner wishes to close the landfill, he/she must report it to the provincial-level state management agencies in charge of environmental protection;

d) Closing domestic solid waste landfills at the request of competent state agencies.

2. Before closing the landfill, the waste treatment facility owner shall send a notice to the provincial-level specialized environmental protection agency in the locality about the closing time of the domestic solid waste landfill for supervision.

3. Procedures for closing a domestic solid waste landfill:

a) A domestic solid waste landfill must have a top layer of soil with clay or a layer of HDPE plastic or equivalent material greater than 30%, carefully compacted, and the thickness must be greater than or equal to 60 cm. The slope from the foot to the top of the landfill increases gradually from 3% to 5%, always ensuring good drainage and no landslides and subsidence. - Then carrying out the following activities: covering a buffer with soil with a common composition of sand from 50 cm to 60 cm thick; covering with a planting soil layer (a layer of nutrient-rich soil) from 20 cm to 30 cm thick; planting grass or trees;

b) A domestic solid waste landfill with many burial cells may close each domestic solid waste burial cell according to the order specified at Point a of this Clause;

c) After the domestic solid waste landfill is closed, the waste treatment facility owner shall be responsible for making a report on the current status of the domestic solid waste landfill and sending it to the provincial-level specialized environmental protection agency. A report on the current state of the domestic solid waste landfill shall include the contents specified at Point d of this Clause;

d) Main contents of the report on the current status of the domestic solid waste landfill: operational status, efficiency and operability of all works in the domestic solid waste landfill, including the waterproofing system of the domestic solid waste landfill, the leachate collection and treatment system, emission collection system and other environmental protection works (if any) as prescribed by law; results of monitoring of wastewater quality, underground water quality and emissions from domestic solid waste landfills into the environment; report on environmental rehabilitation, landscape improvement of domestic solid waste landfill area and measures to prevent environmental pollution in the following years; topographic map of the domestic solid waste landfill area after the domestic solid waste landfill is closed;

dd) The waste treatment facility owner shall be responsible for collecting and treating wastewater and emissions from the domestic solid waste landfill discharged into the environment after the landfill is closed according to regulations.

4. The closing of the domestic solid waste landfill is considered complete when the following requirements are met:

a) Requirements specified at Points a and c Clause 3 of this Article;

b) Wastewater and emissions from the landfill of domestic solid waste discharged into the environment meet environmental technical regulations.

5. After closing domestic solid waste landfill, people and animals are not allowed to enter and exit freely, especially on the landfill where gases were concentrated; signs and instructions in landfills must be placed.

6. Handing over the site to competent state agencies after completing the closing of the domestic solid waste landfill as prescribed at Point c Clause 2 Article 80 of the Law on Environmental Protection.

7. Before reusing the domestic solid waste landfill, the owner of an investment project to reuse the landfill has the following responsibilities:

a) Monitoring environmental changes at monitoring points; assessing relevant environmental factors; closely checking the gas recovery boreholes, only reusing the landfill when the gas concentration is not greater than 5%;

b) Re-formulating topographical map of the domestic solid waste landfill area;

c) Treating leachate, emissions (if any) according to regulations while waiting for reuse of domestic solid waste landfill.

8. Methods for calculating and estimating costs for environmental remediation of domestic solid waste landfills shall comply with Form No. 02 provided in Appendix III to this Circular.

Section 3

MANAGEMENT OF NORMAL INDUSTRIAL SOLID WASTES

Article 33. Technical requirements on environmental protection for normal industrial solid waste storage

1. Normal industrial solid waste storage equipment and tools must meet the following requirements:

a) Ensuring safe storage, not to be damaged or broken;

b) Soft packaging is tightly tied; hard packaging has a tight lid to prevent waste from leaking or spilling into the environment;

c) Having a hard structure that can withstand impact; not be damaged, deformed, or broken because of the weight of wastes;

2. Normal industrial solid waste shall be stored directly at warehouses or waste storage areas that meet the requirements of Clauses 3 and 4 of this Article or shall be stored in equipment and tools that meet the requirements of Clause 1 of this Article.

3. Normal industrial solid waste warehouses or storage areas in houses must meet the following requirements:

a) Having a high ground level to ensure that there is no flooding;

b) Having a floor that is tight, not cracked, not permeable, and to prevent rainwater from overflowing from the outside;

c) Having a rainproof roof for the entire storage areas;

d) Having a warehouse meeting construction standards and technical regulations as prescribed by law.

4. Outdoor common industrial solid waste storage areas must meet the following requirements:

a) Having an embankment, a system to collect and treat overflowing rainwater and wastewater generated in the process of storing normal industrial solid waste, ensuring that it meets environmental technical regulations;

b) Having a ground level to ensure that it is not flooded; the foundation must be sealed, not cracked, not permeable, durable enough to withstand the load of the means of transport and the amount of stored normal industrial solid waste;

c) Having measures to minimize dust generated from normal industrial solid waste storage areas (for wastes that generate dust).

Article 34. Technical requirements on environmental protection for vehicles transporting normal industrial solid wastes and sample records of handover of normal industrial solid wastes

1. Vehicles carrying normal industrial solid waste must meet technical requirements on environmental protection in accordance with the law on transport.

2. Normal industrial solid wastes shall be stored in waste storage equipment or stored directly on transport vehicles. Normal industrial solid waste storage equipment shall be fixed or removable on vehicles and must meet the requirements specified in Clause 1 Article 33 of this Circular.

3. Ensuring that normal industrial solid wastes shall not be dropped from the vehicle, or dust and odor shall not be dispersed during transportation.

4. Open-container trucks must be covered with tarpaulins to prevent sun and rain during the process of collecting, storing and transporting normal industrial solid waste.

5. The words “VẬN CHUYỂN CHẤT THẢI” (waste transportation) must be fixed on both sides of the vehicles carrying normal industrial solid wastes, with a height of at least 15 cm, accompanied by the facility’s name, address, and contact phone number.

6. Sample records of handover of normal industrial solid wastes shall be made according to Form No. 03 provided in Appendix III to this Circular.

Section 4

MANAGEMENT OF HAZARDOUS WASTES

Article 35. Declaration, sorting, collection and storage of hazardous wastes by hazardous waste generators and hazardous waste document forms

1. The hazardous waste generators shall declare the volume and types of generated hazardous wastes (if any) in the dossiers of request for grant of environmental licenses according to Article 28 of the Decree No. 08/2022/ND-CP or the environmental registration under Article 22 of this Circular.

2. Hazardous wastes must be sorted by the waste generators from the time of being transferred to the hazardous waste storage areas at the facilities generating hazardous wastes or when transferring hazardous wastes to the facilities providing hazardous waste treatment services in accordance with law provisions.

3. In case where the hazardous wastes are  reused, recycled, processed, treated, co-treated or energy recovered on-site according to the granted environmental licenses, the hazardous waste generators may choose to sort hazardous wastes or not.

4. The packages of hazardous wastes must meet the following requirements:

a) Hazardous wastes must be packed in a hard or soft package in a safe manner, such package must not be broken or torn;

b) The soft packages must be tied and the hard packages must have a tight cover to prevent the wastes from leaking or evaporating;

c) Liquid waste or viscous sewage sludge or waste containing volatile hazardous components must be packed in a hard package. The volume of wastes in the hard package must not exceed 90% of its capacity; the distance from the surface to the top of the package is 10 cm.

5. Containers (with hard shells and large sizes such as tanks, containers, or equivalent equipment) must meet the following requirements:

a) Containing hazardous wastes safely; having reinforcement or special design at the inlets and outlets to prevent leakage;

b) Having a hard structure that can withstand impact; not be damaged, deformed, or broken because of the weight of wastes;

c) Having warning signs according to the Vietnamese national standard on warning signs applicable to hazardous wastes, with a minimum dimension of 30 cm on each side;

d) Containers of liquid or volatile hazardous wastes must have tight covers; measures must be taken to control evaporation, especially at the inlets and outlet, and avoid overloading in order to ensure that the surface of waste is at least 10 cm from the top of the container. If the hazardous waste in the container does not have volatile hazardous components, a tight cover is not required. However, sheds or measures must be taken to completely block sunlight, rain, and control airflow;

dd) Containers of hazardous wastes with a capacity of 2 m³ or more, that satisfy the requirements prescribed in Clause 4 of this Article may be placed outdoors. Nevertheless, they must be tight and able to prevent rain from leaking in. With regard to the types or groups of hazardous wastes that can react with each other in the same container, measures must be taken to ensure they do not contact during the storage process.

6. Hazardous waste storage areas of hazardous waste generators:

a) The hazardous wastes storage area (not necessarily a warehouse) must satisfy the following requirements: The floor of the hazardous waste storage area is tight, impermeable, and able to block rainwater from leaking in; There is a roof that covers the entire hazardous waste storage area, except for the containers with a capacity over 2 m³ that are placed outdoors; Measures must be taken to prevent air from entering such containers; Measures are taken to separate the types or groups of hazardous wastes that can react with each other; The hazardous waste storage area is able to prevent liquids from leaking out in case of spillage or leakage;

b) Liquid wastes containing PCB, persistent organic pollutants regulated by the Stockholm Convention on Persistent Organic Pollutants (POP), and other organic halogens (exceeding hazardous waste thresholds of wastes as prescribed by the national technical regulation on hazardous waste thresholds) must be contained in hard packages or containers putting on decks or pallets that are not stacked up;

c) The hazardous waste storage area must be fully equipped with fire prevention and fighting equipment and tools according to the law of fire prevention and fighting; absorbent materials (dry sand or sawdust) and shovels to be used in case of leakage, spillage of liquid wastes; warning signs appropriate for the types of hazardous wastes being stored according to the Vietnamese national standard on warning signs applicable to hazardous wastes, with a minimum dimension of 30 cm on each side. Waste storage areas of health facilities must comply with regulations on medical waste management.

7. Hazardous waste documents shall be made according to Form No. 04 provided in Appendix III to this Circular.

Article 36. Technical requirements for packages, containers, storage areas of hazardous wastes of hazardous waste treatment facility owners

1. The (soft or hard) packages of hazardous wastes must meet the following requirements:

a) The package is corrosion- and rust-resistant, does not react with hazardous wastes contained therein, is able to prevent leakage, especially at inlets and outlets; soft packaging must have at least 2 layers;

b) The package is able to withstand impact, not be damaged or broken because of the weight of wastes under normal conditions;

c) The soft packages must be tied and the hard packages must have a tight cover to prevent the wastes from leaking or evaporating;

d) Liquid wastes, viscous waste sludges, or wastes containing volatile hazardous components must be put into hard package.

2. Containers (with hard shells and large sizes such as tanks, containers, or equivalent equipment) must meet the following requirements:

a) The package is corrosion- and rust-resistant, does not react with hazardous wastes contained therein, is able to prevent leakage, having reinforcement or special design at the inlets and outlets to prevent leakage; having reinforcement or special design at the inlets and outlets to prevent leakage;

b) Having a hard structure that can withstand impact; not be damaged, deformed, or broken because of the weight of wastes;

c) Have warning signs according to regulations;

d) Containers of liquid or volatile hazardous wastes must have tight covers; measures must be taken to control evaporation;

dd) If the hazardous waste in the container does not contain volatile hazardous components, a tight cover is not required. However, sheds or other measures must be taken to completely block sunlight, rain, and control airflow.

3. Hazardous waste storage areas of transshipment stations and hazardous waste treatment facilities must meet the following requirements:

a) The floor is elevated above flood level and designed to prevent rainwater from entering;

b) The floor is tight, not cracked, made of material that is waterproof, corrosion-resistant, and does not react with hazardous wastes. The floor is able to bear the maximum permissible weight of hazardous wastes as calculated; the walls and partitions are made of non-flammable materials;

c) There is a roof made of non-flammable materials that covers the entire hazardous waste storage area, except for the containers with a capacity over 5 m³ that are placed outdoors; measures must be taken to prevent air from entering;

d) The types or groups of hazardous wastes having the same properties are placed together and separated from other types or groups of hazardous wastes that can react with them by partitions that are higher than the height of hazardous wastes.

4. If the area for storage or transit of hazardous wastes is a warehouse, it must comply with the Vietnamese national standard on warehouses.

5. The area for storage or transit of liquid hazardous wastes must have walls or elevated edges around the whole or part of the area, or another secondary measure may be taken to prevent hazardous wastes from being discharged into the environment in case of accident; there must be ditches that take liquids to a manhole lower than the floor to prevent them from leaking out.

6. Liquid wastes containing PCB, persistent organic pollutants regulated by the Stockholm Convention on Persistent Organic Pollutants (POP), and other organic halogens (exceeding hazardous waste thresholds of wastes as prescribed by the environmental technical regulation on hazardous waste thresholds) must be contained in hard packages or containers putting on decks or pallets that are not stacked up.

7. The area for storage or transit of hazardous wastes must be fully equipped with:

a) Fire prevention and fighting equipment and tools according to the law of fire prevention and fighting;

b) Absorbent materials (dry sand or sawdust) and shovels to be used in case of leakage, spillage of liquid wastes;

c) First aid kits; solution container for emergency neutralization of acid burns in case of storage of acidic waste;

d) Handling devices (manual or automatic);

dd) Communications devices;

e) Warning devices (horns, gongs, speakers);

g) Each block or part of the storage or transit area and each container must have warning signs applicable to the hazardous waste types stored according to the Vietnamese national standard on warning signs applicable to hazardous wastes, with a minimum dimension of 30 cm on each side. Materials, inks and contents of the signs must not be blurred or faded;

h) Escape plans and exit instruction symbols (EXIT symbols or exit signs) placed at turning points;

i) Brief instructions on safe operation process in the storage or transit area, emergency response procedures (including phone numbers of the commune-level People’s Committees, local police authorities, and emergency services, local fire prevention and fighting and rescue and rescue agencies) must have sizes and be located at convenient locations for observation and monitoring.

Article 37. Technical requirements on environmental protection applicable to vehicles transporting hazardous wastes

1. Equipment storing hazardous wastes must be fixed or removable on the vehicles to meet the requirements specified in Clause 2 Article 36 of this Circular.

2. Specific requirements for a number of vehicles transporting hazardous wastes are prescribed as follows:

a) Open-container trucks must be covered with tarpaulins to cover the sun and rain during the process of collecting, storing and transporting hazardous wastes;

b) Tank trucks (tanks) and ship holds that contain liquid hazardous wastes must have measures to control evaporation;

c) Motorbikes and mopeds carrying hazardous wastes must have a container fastened on the cargo rack (behind the driver’s seat). The dimensions of containers on the motorbike or moped must comply with the law on road traffic.

3. The hazardous waste storage area on the ship, barge or train must satisfy the following requirements:

a) The floor and walls are tight, especially at the junction between the floor and walls, using waterproof, non-combustible, corrosion-resistant materials that are not capable of chemically reacting with hazardous waste; the floor is able to bear the maximum calculated weight of hazardous wastes.

b) There is a roof or tarpaulin to completely cover the sun and rain, except for areas containing hazardous waste in the containers with a capacity over 2 m³ that are placed outdoors; measures must be taken to prevent air from entering;

4. Vehicles transporting hazardous waste while in operation must be equipped with the following equipment, tools and materials:

a) Fire prevention and fighting equipment and tools according to the law of fire prevention and fighting;

b) Absorbent materials (dry sand or sawdust) and necessary tools in case of leakage, spillage of liquid wastes;

c) First aid kits; multi-purpose soda bottles for emergency neutralization of acid burns in case of transportation of acidic waste;

d) Communications devices;

dd) Warning signs are installed flexibly according to the type of hazardous waste transported at least on both sides of the vehicle. The words “VẬN CHUYỂN CHẤT THẢI” (waste transportation) with a letter height of at least 15 cm, accompanied by the facility’s name, address, and contact phone number, are fixed at least on both sides of the vehicle; the material and ink of the sign, the inscriptions mentioned above are not blurred or faded. In case of transportation by mopeds, the size of warning signs shall be selected to suit reality;

e) Brief instructions on the safe operation of vehicles, loading and unloading of hazardous wastes, incident response procedures (with phone lists of environmental management agencies, local police, emergency and fire department in the area of operation) in the cabin or control area as prescribed by law. Such instructions must be clear, legible, and unfaded.

Article 38. Registration for transboundary movement of hazardous wastes under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

1. The registration for export of hazardous wastes shall be carried out concurrently with the transboundary movement of hazardous wastes. For the same type of hazardous wastes, the registration for export shall be carried out for every single export or carried out once for many exports in a year. Generators of hazardous wastes or exporters representing waste generators shall coordinate with relevant parties in compiling dossiers in accordance with Clause 2 of this Article.

2. A dossier of registering for transboundary movement of hazardous wastes comprises:

a) A written request for transboundary movement of hazardous wastes, made according to Form No. 05 provided in Appendix III to this Circular;

b) A copy of the hazardous waste treatment contract signed with the unit treating hazardous wastes at the country of import;

c) A copy of the contract signed with the hazardous waste generator, in case the waste generator authorizes the exporter to register and carry out procedures for transboundary movement of hazardous wastes;

d) A copy of the contract signed with the unit registering insurance for the hazardous waste shipments that are transboundary transported;

dd) A movement notice in English, which is made according to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (hereinafter referred to as the Basel Convention) at the address: http://www.basel.int/Portals/4/Basel%20Convention/docs/techmatters/forms-notif-mov/vCOP8.doc.

3. Order of registering for transboundary movement of hazardous wastes comprises:

a) An organization or individual shall compile a dossier of registering for transboundary movement of hazardous wastes under Clause 2 of this Article, and send it directly or via post office or send an electronic version through the online public service system to the Ministry of Natural Resources and Environment;

b) Within 10 working days after receiving the complete dossier, the Basel Convention authority in Vietnam which is under the Ministry of Natural Resources and Environment shall send a written notice and a movement notice in English to the Basel Convention authorities in the country of import and the country of transit (if any) in accordance with the Basel Convention. In case the dossier fails to meet the requirements for issuing a written notice, the Ministry of Natural Resources and Environment shall send a written reply to such organization or individual and clearly state the reason;

c) Within 20 working days after the written reply is issued by the Basel Convention authorities in the country of import and the country of transit (if any) the Ministry of Natural Resources and Environment shall issue a written approval which is made according to Form No. 06 provided in Appendix III to this Circular. In case of disapproval, the Ministry of Natural Resources and Environment shall send a written reply to such organization or individual and clearly state the reason.

4. The domestic movement of hazardous wastes to the border gates shall be conducted by organizations or individuals specified in Clause 4 Article 83 of the Law on Environmental Protection.

5. After the Ministry of Natural Resources and Environment’s written approval on export of hazardous wastes is issued, the organization or individual shall compile at least 2 sets of movement dossiers in English for each movement of hazardous wastes already permitted for export according to forms posted in the following address:

http://www.basel.int/Portals/4/Basel%20Convention/docs/techmatters/for ms-notif-mov/vCOP8.doc.

6. After the hazardous waste treatment is finished, the organization or individual obtaining approval for export of hazardous wastes from the Ministry of Natural Resources and Environment shall keep one set of movement dossiers and send another one with certification of the treatment unit of the foreign country to the Ministry of Natural Resources and Environment.

Article 39. Criteria on hazardous waste treatment technology

1. Criteria used for determining technology for the assessment are prescribed as follows:

a) Technologies in the list of transfer restrictions in accordance with the law on technology transfer;

b) Technologies likely to cause negative impacts on the environment such as burn; recycling, recovery of metal, metal oxide, metal salt by heat or chemicals; wastewater treatment; treatment, recycling or recovery of chemicals.

2. Technological criteria:

a) Origin of technological line machinery, equipment; priority given for technologies certified, appraised and assessed as satisfying environmental technical regulations, standards according to Vietnam's conditions by the competent agency;

b) Level of mechanization and automation; capacity of power expansion or improvement;

c) Level of preeminence and advance in the hazardous waste treatment technology;

d) The conformity of standards and regulations on manufacturing technological lines, machinery and equipment in comparison with national technical regulations or Vietnamese national standards or standards of G7 countries, Korea on energy safety and security, and environmental protection. It is encouraged to apply eco-friendly technologies, best available techniques or treatment technologies combined with energy recovery;

dd) The synchronousness of equipment in the technological line, the capacity of use or replacement of domestic components and spare parts, the domesticalization rate of technological systems and equipment;

e) The automation level in operating treatment technologies, lifespan and durability of machinery and equipment in the technological lines.

3. Regarding environment and society:

a) Ensuring environmental technical regulations and standards applicable to emissions and wastewater generated in the course of hazardous waste treatment;

b) Saving land use areas for the hazardous waste treatment technology system;

c) The ability to  reuse and recover valuable contents from hazardous wastes;

d) The impact on the environment, ecosystem and humans when operating the hazardous waste treatment technology and treated products;

dd) The risk level to the environment and the ability to prevent and remedy in case a technical incident occurs;

e) The ability to train local human resources to participate in managing, operating and maintaining equipment in a proficient manner;

g) Complying with provisions, standards and regulations on recycled product quality in accordance with the law on standards, measurement, product and goods quality.

4. Regarding the economy:

a) The capacity of consuming products from the recycling and treatment of the project’s wastes;

b) Potential and economic value from the  reuse of wastes, energy and useful products made after treating hazardous wastes;

c) The conformity in spending construction costs and installing equipment; operation expenses; costs for maintenance and repair.

Article 40. A number of cases not considered hazardous waste transportation and treatment activities

The following cases shall not be considered hazardous waste transportation and treatment activities:

1. Transporting, maintaining and repairing means, equipment and products (that are unexpired with the remaining lifetime according to the first use purpose and are not identified as wastes by the waste generators) for further use according to the initial use purpose.

2. Transporting samples being hazardous wastes for analysis.

Section 5

ON-SITE WASTEWATER MANAGEMENT AND SPECIAL WASTE MANAGEMENT

Article 41. On-site wastewater and emission treatment works or equipment of household- or individual-scale production, business and service establishments

1. Household- or individual-scale production, business and service establishments shall, based on technological and technical instructions provided in Clauses 2 and 3 of this Article, assess the conformity before installing on-site wastewater and emission treatment works or equipment.

2. On-site wastewater treatment works or equipment of household- or individual-scale production, business and service establishments must meet the following requirements:

a) The rainwater collection system and the wastewater collection system must be separated before the wastewater is put into the wastewater treatment works or equipment;

b) Size and capacity of the wastewater treatment works or equipment must be able to treat the maximum generated wastewater flow;

c) On-site wastewater treatment works or equipment must meet the environmental technical regulations on on-site wastewater treatment works or equipment;

d) There are solutions for collecting, sorting, treating or transferring sewage sludge generated from the treatment works or equipment.

3. Based on the characteristic, nature and flow of emissions generated from the household- or individual-scale production, business and service establishments’ operations, the emission treatment works or equipment must have an exhaust hood, equipment to ensure to collect and treat emission before it is released to the environment through the chimney.

Article 42. Transport and treatment of medical wastes

1. Normal medical wastes must be sorted and collected separately from hazardous medical wastes and domestic solid wastes, and managed like normal industrial solid wastes as prescribed in Section 3 of this Chapter; it is not allowed to recycle hazardous medical wastes in order to manufacture tools and packages in the field of food.

2. Hazardous medical wastes must be sorted and collected separately from normal industrial solid wastes and domestic solid wastes before being put into the temporary storage areas at the generating facility in accordance with the law on medical waste management. In case the hazardous medical wastes are self-treated and the energy is recovered at the facility, the hazardous medical waste generators shall, based on the available technologies and techniques, choose to sort the hazardous medical wastes or not.

3. Means and equipment used to transport hazardous medical wastes must meet the requirements prescribed in Articles 36 and 37 of this Circular, and specific requirements on environmental protection as follows:

a) Hazardous medical wastes must be packed in a package, instrument or equipment for storage in accordance with the law on medical waste management before being transported, avoiding broking the package or distributing wastes in the course of transportation;

b) Instruments and equipment for storing hazardous medical wastes installed on the vehicles must have walls, bottoms, tight-fitting lids, rigid structures, resistant to impact, and not be torn, broken, or leaked, ensuring safety during transportation; they must be fixed or removable on the vehicles, and ensuring that they are not dropped or spilled during the transportation of waste;

c) Vehicles transporting hazardous medical waste must have insulated closed containers or compartments; the dimensions of the container mounted on the vehicles must comply with the law on transport;

d) For areas where it is not possible to use specialized vehicles for transporting hazardous medical waste, motorbikes and mopeds with containers and mounted on the cargo rack (behind the driver's seat) shall be used; the size of the container mounted on the motorcycle or moped shall comply with the law on road traffic.

4. Hazardous medical wastes shall be treated according to the priority order as follows:

a) Treatment at the facility providing hazardous waste treatment services with medical waste treatment items;

b) Treatment of hazardous medical wastes according to the model of health facility cluster (medical wastes of a health facility cluster shall be collected and treated at one treatment equipment or system of one facility in such cluster);

c) Self-treatment at hazardous medical waste treatment works or equipment that are located inside the health facility.

5. The Department of Natural Resources and Environment shall formulate and submit the provincial-level People's Committee for approval of the regulations on collecting, transporting and treating hazardous medical wastes in the locality, in compliance with the local conditions and the law on environmental protection. Regulations on collecting, transporting and treating hazardous medical wastes must contain the following main contents:

a) Location and model for treatment of hazardous medical wastes;

b) Scope and method of collection and transport of hazardous medical wastes;

c) Information about organizations and individuals participating in the collection, transport and treatment of hazardous medical wastes;

d) Other relevant contents.

Article 43. Collection and disposal of pesticide packages discharged from agriculture activities

1. The collection of pesticide packages discharged from agriculture activities shall comply with the Ministry of Agriculture and Rural Development’s instructions.

2. The disposal of pesticide packages shall comply with the law on waste management.

Article 44. Waste management for offshore oil and gas activities

1. Sorting, collection, storage and management of non-hazardous wastes on offshore oil and gas works:

a) Domestic solid wastes and normal industrial solid wastes shall be collected and sorted into 3 groups, including food waste group, group of scraps for recovery and recycling, group of remaining normal wastes;

b) The group of food wastes shall be discharged into the sea after being ground to less than 25 mm;

c) For normal waste that is burned wood, paper or cover, the law on fire prevention and fighting must be complied with. Ashes shall be discharged into the sea.

d) The group of scraps for recovery, recycling and the group of remaining normal wastes must be collected and transported to the shore.

2. Sorting, collection and storage of hazardous wastes on offshore oil and gas works:

a) Hazardous wastes must be sorted by their hazardous nature;

b) Different hazardous wastes with the same hazardous nature, treatment measures and without reacting with each other shall be stored in the same close equipment or tool;

c) Tools and equipment used to store hazardous wastes must have a clear label for identifying the collected waste type.

3. Management of drilling cuttings and drilling fluids discharged from the offshore oil and gas exploration and exploitation activities:

a) Water-based drilling fluids and drilling cuttings discharged from oil and gas exploration and exploitation activities to the sea area that is more than 3 nautical miles far from the shore (mainland), the boundary of the aquaculture zone, aquatic protection zone or water-based entertainment zone;

b) Non-aqueous drilling cuttings discharged from the oil and gas exploration and exploitation activities shall be discharged into the sea only when the content of non-aqueous fluids in the discharged drilling cuttings does not exceed the permissible value according to the national technical regulation on discharge of drilling fluids and drilling cuttings for offshore oil and gas works, and the discharging location is more than 12 nautical miles far from the shore (mainland), the boundary of the aquaculture zone, aquatic protection zone or water-based entertainment zone. After being used in the oil and gas exploration and exploitation, non-aqueous drilling fluids must be transported to the shore for  reuse for other drilling strategies, or be transferred to the facility providing hazardous waste treatment services;

c) The use of non-aqueous drilling fluids shall comply with the environmental technical regulations promulgated by the Ministry of Natural Resources and Environment.

4. Discharged produced water for offshore oil and gas works must be collected and treated in accordance with the national technical regulation on discharged produced water for offshore oil and gas works.

5. Water for cleaning floor, technology equipment and oil hold contaminated with old shall be managed as follows:

a) Being collected and treated in accordance with the national technical regulation on industrial wastewater before being discharged at a location that is less than 3 nautical miles far from the shore;

b) Being collected and treated in accordance with Appendix I of the Convention for the Prevention of Pollution from Ships (hereinafter referred to as the Marpol Convention) (the maximum oil content is 15 mg/l) before being discharged at a location that is more than 3 nautical miles far from the shore.

6. Domestic wastewater shall be managed as follows:

a) Being collected and treated in accordance with the national technical regulation on domestic wastewater before being discharged at a location that is less than 3 nautical miles far from the shore;

b) Being collected and treated in accordance with the Marpol Convention before being discharged at a location that is 3-12 nautical miles far from the shore;

c) Being collected and discharged into the sea at a location that is more than 12 nautical miles far from the shore.

Section 6

ASSESSMENT OF THE CONFORMITY OF IMPORTED SCRAP WITH ENVIRONMENTAL TECHNICAL REGULATIONS

Article 45. Assessment of capacity of the organization assessing the conformity of scraps imported from other countries for use as production materials with environmental technical regulations

1. A decision on establishing a team to assess capacity of the organization assessing the conformity of scraps imported from other countries for use as production materials with environmental technical regulations shall be made according to Form No. 07 provided in Appendix III to this Circular.

2. A written comment and assessment of members of a team for assessment of capacity of the organization assessing the conformity of scraps imported from other countries for use as production materials with environmental technical regulations shall be made according to Form No. 08 provided in Appendix III to this Circular.

3. Minutes of assessment of capacity of the organization assessing the conformity of scraps imported from other countries for use as production materials with environmental technical regulations shall be made according to Form No. 09 provided in Appendix III to this Circular.

4. A decision on appointing an organization to assess the conformity of scraps imported from other countries for use as production materials with environmental technical regulations shall be made according to Form No. 08 provided in the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018, amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality (amended and supplemented under Clause 9 Article 4 of the Government’s Decree No. 154/2018/ND-CP dated November 09, 2018, amending, supplementing and repealing certain regulations on investment and business conditions in sectors under management of the Ministry of Science and Technology and certain regulations on specialized inspections).

Article 46. Organizing the assessment of actual capacity of the organization registering for assessment of the conformity of scraps imported from other countries for use as production materials with environmental technical regulations

1. The Ministry of Natural Resources and Environment shall organize the assessment of dossiers of registering for participating in the assessing conformity of scraps imported from other countries for use as production materials with environmental technical regulations under Article 18d of the Government's Decree No. 132/2008/ND-CP dated December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality (hereinafter referred to as the Decree No. 132/2008/ND-CP), which is amended under Clause 8 Article 1 of the Government's Decree No. 74/2018/ND-CP dated May 15, 2018, amending and supplementing a number of articles of the Decree No. 132/2008/ND-CP.

2. Physical inspection and assessment of capacity at organizations:

a) Inspection and assessment contents:

The assessment team shall assess the dossiers of participating in the assessment of conformity of scraps imported from other countries for use as production materials with technical regulations, including legal dossiers of the registering organization; quantity and capacity of the assessor; machinery and equipment for the assessment of imported scraps; internal procedures promulgated for the assessment of imported scraps; the observance of law and internal procedures of the organization assessing the conformity in the field of registering for assessing imported scraps and regulations of Articles 18a and 18b of the Decree No. 132/2008/ND-CP that is amended under Clause 8 Article 1 of the Decree No. 74/2018/ND-CP, amended and supplemented under Clauses 4 and 5 Article 4 of the Government's Decree No. 154/2018/ND-CP dated November 09, 2018, amending, supplementing and repealing certain regulations on investment and business conditions in sectors under management of the Ministry of Science and Technology and certain regulations on specialized inspections;

b) Result of the dossier appraisal, inspection and assessment at the organization, that registers for participating in the assessment of the conformity of scraps imported from other countries for use as production materials with environmental technical regulations, shall be used as a basis for the Ministry of Natural Resources and Environment to decide on appointing the organization to participate in the assessment of the conformity of scraps imported from other countries for use as production materials with environmental technical regulations.

Section 7

ENVIRONMENTAL PROTECTION IN MANAGEMENT OF PERSISTENT POLLUTANTS AND RAW MATERIALS, FUELS, MATERIALS, PRODUCTS, GOODS AND EQUIPMENT CONTAINING PERSISTENT POLLUTANTS

Article 47. Examination and assessment of dossiers of register for exemption of persistent organic pollutants (POP) for use as direct production materials

1. A decision on establishment of the team for examination and assessment of dossiers of register for exemption of POP specified in Appendix XVII to the Decree No. 08/2022/ND-CP, made according to Form No. 10 provided in Appendix III to this Circular.

2. A record of examination and assessment of dossiers of register for exemption of POP specified in Appendix XVII to the Decree No. 08/2022/ND-CP, made according to Form No. 11 provided in Appendix III to this Circular.

Article 48. Label, disclose information about, assess the conformity of, and inspection of, the persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants

1. Contents of inspection and assessment of the conformity of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants:

a) Inspection of the implementation of requirements for environmental protection in management of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants as prescribed;

b) Inspection of the result of the assessment of the conformity of, label, disclosure of information and attached documents;

c) Sampling for assessing conformity with the corresponding environmental technical regulations.

2. A decision on establishment of the team for inspection and assessment, and a record on inspection and assessment of the conformity of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants shall comply with Forms No. 12 and 13 provided in Appendix III to this Circular.

3. After conducting the inspection and assessment of the conformity, the Ministry of Natural Resources and Environment shall issue a written notice on the results of inspection and assessment of the conformity of persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants according to Form No. 14 provided in Appendix III to this Circular.

4. Regarding raw materials, fuels, materials and finished products without packages, importers, manufacturers or enterprises must send a notice made according to Form No. 15 provided in Appendix III to this Circular to the Ministry of Natural Resources and Environment.

Chapter V

ENVIRONMENTAL MONITORING, ENVIRONMENTAL INFORMATION AND DATABASES, AND ENVIRONMENTAL REPORTS

Section 1

ENVIRONMENTAL MONITORING

Article 49. Appraisal of the conditions for provision of environmental monitoring services

1. Checking the organizations’ dossiers of request for certifying the eligibility for provision of environmental monitoring services:

a) After receiving the appraisal charge, the agency granting the certificate shall check and evaluate the dossier of an organization requesting for grant of the certificate of eligibility for provision of environmental monitoring services according to the conditions prescribed in Article 91 of the Decree No. 08/2022/ND-CP;

b) The agency granting the certificate shall send the dossier of the organization requesting for grant of the certificate of eligibility for provision of environmental monitoring services to members of the appraisal council for study and consideration before conducting the physical inspection and assessment at such organization.

2. The appraisal of the conditions for provision of environmental monitoring services shall be carried out through the appraisal council established by the head of the agency granting the certificate of eligibility for provision of environmental monitoring services in accordance with Form No. 01 provided in Appendix IV to this Circular.

The appraisal council shall assess and appraise the conditions for provision of environmental monitoring services of the organization requesting for grant of certificate on the basis of evaluation of the result of checking and evaluating the dossier and the result of the physical inspection and assessment at the organization.

3. Physical inspection and assessment at organizations:

a) Inspection and assessment contents: The appraisal council shall carry out physical inspection and assessment of the conditions provided in Article 91 of the Decree No. 08/2022/ND-CP at the organization requesting for grant of certificate, compare them with the organization's dossier of request for certifying the eligibility for provision of environmental monitoring services;

b) The result of inspection and assessment at the organization requesting for grant of certificate must be made into a written record and sent to the appraising agency for summarization. The appraisal council’ written record that has been assessed and checked at the organization shall be considered as a document of the appraisal dossier.

4. The appraisal council's meeting shall be organized after obtaining the result of the physical inspection and assessment at the organization and the agency granting certificate receive dossier that has been supplemented, modified from the requesting organization in accordance with the requirements in the written record of inspection and assessment at the organization.

5. Based on the appraisal result, the head of the agency assigned to carry out the appraisal shall submit to the Minister of Natural Resources and Environment for grant, modification of the certificate of eligibility for provision of environmental monitoring services for the requester. In case of the condition for grant of certificate is insufficient, the head of the agency assigned to carry out the appraisal shall comply with Point c Clause 3 Article 93 or Point c Clause 4 Article 94 of the Decree No. 08/2022/ND-CP.

Article 50. Tasks and powers of the agency assigned to carry out the appraisal

1. The agency assigned to carry out the appraisal shall appraise the conditions for provision of environmental monitoring services, and submit to the Minister of Natural Resource and Environment for consideration and decision on granting or modifying the certificate of eligibility for provision of environmental monitoring services.

2. To review, evaluate and process the dossiers and relevant documents sent by the organization requesting for grant of certificate of eligibility for provision of environmental monitoring services.

3. To study and evaluate the dossier of the organization requesting for grant of certificate of eligibility for provision of environmental monitoring services; organizing to collect comments on the dossier and make the dossier evaluation report.

4. To establish a council to appraise conditions for provision of environmental monitoring services of the organization requesting for grant of certificate of eligibility for provision of environmental monitoring services.

5. To prepare, provide and create favorable conditions for members of the appraisal council to study relevant documents and dossiers in service of the appraisal of the conditions for provision of environmental monitoring services.

6. To prepare conditions necessary for the appraisal council to carry out physical inspection and assessment at the organization and hold an official meeting.

7. To receive the appraisal council’s record of physical inspection and assessment at the organization, the appraisal council's result and carry out necessary procedures to submit to the Minister of Natural Resources and Environment for decision on grant of, or modification of the certificate of eligibility for provision of environmental monitoring services.

8. To keep dossiers and documents related to the appraisal of conditions of the organization involved in environmental monitoring services.

9. To monitor, summarize and report information about the provision of environmental monitoring services by organizations already granted a certificate of eligibility for inspection services to the competent authorities.

10. To formulate, post and continuously update the list of organizations eligible for provision of environmental monitoring services on e-portals of the Ministry of Natural Resources and Environment and agencies assigned to appraise the conditions for provision of environmental monitoring services.

11. To perform other tasks related to the appraisal, grant and modification of the certificate of eligibility for provision of environmental monitoring services.

Article 51. Working principles of the council for appraisal, grant and modification of the certificate of eligibility for provision of environmental monitoring services

1. The appraisal council shall carry out its activities only when the organization has paid the charge for appraisal of the conditions for provision of environmental monitoring services in accordance with law provisions.

2. Chairperson, vice-chairperson and secretarial commissioner of the council must be civil servants of the agency assigned to carry out the appraisal.

3. The appraisal council shall work on a principle of public discussion among its members and between the appraisal council and the competent representative of the organization requesting for grant or modification of the certificate of eligibility for provision of environmental monitoring services.

4. Physical inspection and assessment: Members of the appraisal council shall accurately and objectively appraise and assess conditions for provision of environmental monitoring services under Article 49 of this Circular; make a physical inspection and assessment sheet according to Form No. 02 provided in Appendix IV to this Circular and make a physical inspection and assessment record according to Form No. 03 provided in Appendix IV to this Circular.

5. Appraisal council’s meeting:

a) The appraisal council shall appraise and assess conditions for provision of environmental monitoring services of the organization on the basis of relevant documents, dossiers and the physical inspection and assessment result;

b) The appraisal council's official meeting shall be held provided that the following conditions are fully met: 2/3 (two-thirds) or more of the members participate in the on-site or online meeting, including the chairperson or the authorized vice-chairperson (in case the chairperson is absent); with the participation of the competent representative or authorized person of the organization requesting for grant or modification of the certificate of eligibility for inspection services;

c) The appraisal council's members who are absent may send their written comments before the official meeting is held, and such comments shall be considered as the ones of members who participate in the official meeting but refuse to write the appraisal and assessment sheet;

d) The chairperson of the council (or the authorized vice-chairperson in case the chairperson is absent), the secretarial commissioner shall sign in the appraisal council’s meeting minutes;

dd) The council’s members shall write their comments, appraisal and assessment sheet at the appraisal council's official meeting according to Form No. 04 and Form No. 05 provided in Appendix IV to this Circular;

e) Apart from the responsibility specified at Points d and dd of this Clause, the secretarial commissioner shall make the appraisal council's meeting minutes according to Form No. 06 provided in Appendix IV to this Circular. In case of absence from the council’s meeting, the secretarial commissioner shall report to the council's chairperson to assign another member to act as the meeting secretary.

6. Expenses for the appraisal council's operations shall comply with law provisions.

Article 52. Report on satisfaction of technical requirements of automatic and continuous environmental monitoring before public disclosure of information

1. Before disclosing information to the community, agencies, organizations and individuals that perform automatic and continuous monitoring on environmental quality specified in Clause 4, Article 96 of Decree No. 08/2022/ND-CP shall be responsible for making and sending reports on satisfaction of technical requirements of environmental monitoring to state management agencies in accordance with Clause 6, Article 96 of Decree No. 08/2022/ND-CP.

2. Report on satisfaction of technical requirements of environmental monitoring before public disclosure of information shall be made according to Form No. 07 in Appendix IV to this Circular.

Article 53. Environmental monitoring concerning oil and gas exploitation

1. Environmental monitoring concerning oil and gas exploration drilling at sea:

a) Oil and gas organizations that only use water-based drilling fluids in oil and gas exploration drilling activities at sea are not required to carry out environmental monitoring of impacts from exploration drilling activity before and after drilling completion;

b) For oil and gas exploration drilling activity using waterless foundation drilling fluid in an area less than 03 nautical miles from shore, in an environmentally sensitive area, or using non - aqueous drilling fluids for the first time in Vietnam, environmental monitoring of impacts from exploration drilling activity must be carried out once before implementation of the exploration drilling program and once within 01 year from the end of exploration drilling activity.

2. Environmental monitoring concerning oil and gas field development stage drilling at sea:

a) Environmental monitoring for a facility or a complex of facilities: Carry out the environmental monitoring of impacts from the drilling activity once before implementation of the field development stage drilling and carry out the environmental monitoring once within 01 year from the time of gaining the first commercial oil or gas flow from the field. Perform the environmental monitoring program on a triennial basis that begins on the time the first environmental monitoring program is carried out after the field development stage drilling; 

b) Environmental monitoring for main pipelines for transporting of oil or gas:  Perform the environmental monitoring once before the installation; the periodic environmental monitoring is not required, except for cases of leakage, fire or explosion. 

c) Location, time, frequency and parameters of environmental monitoring for offshore oil- and gas-related activities shall comply with Form No. 08, Appendix IV to this Circular.

Article 54. Written notices of exemption from periodical monitoring of projects or facilities; written notices of monitoring results of projects or facilities exceeding the allowable limits in environmental technical regulations

1. Written notices of exemption from periodical monitoring of projects or facilities shall be made according to Form No. 09 in Appendix IV to this Circular.

2. Written notices of monitoring results of projects or facilities exceeding the allowable limits in environmental technical regulations shall be made according to Form No. 10 in Appendix IV to this Circular.

Section 2

ENVIRONMENTAL INFORMATION SYSTEMS AND DATABASES

Article 55. General requirements for the environmental information systems and databases

1. Fully comply with regulations in the Government’s Decree No. 47/2020/ND-CP dated April 09, 2020 on prescribing the management, connection and sharing of digital data of state agencies; Vietnam E-Government Architecture Framework and e-government architectures at ministerial level or provincial level.

2. Fully comply with Articles 103 to 107 of the Decree No. 08/2022/ND-CP.

3. Meet the basic objectives of management of acquisition, processing, storage and sharing of environmental information and data; disclose open data in the field of environment; support the management and administration in the electronic environment of state agencies in the field of environment; can be expanded according to management requirements of localities or management requirements of ministries, ministerial-level agencies; encourage the use and development of environmental information systems on the shared digital platform of the Ministry of Natural Resources and Environment.

4. Ensure the ability to connect and share data between environmental databases, including national environmental database, environmental databases of ministries, ministerial-level agencies, provincial-level environmental databases and specialized environmental databases. The connection, interconnection, and sharing of data between information systems shall be implemented through the national service platform and local government service platforms at ministerial and provincial levels (LGSP).

5. Ensuring information security in operation and connection activities; centralized authentication and account management capabilities.

Article 56. Basic functions of an environmental information system

1. Groups of basic functions of an environmental information system include:

a) Management and disclosure of the list of environmental information; provision of environmental information and descriptive information about environmental information;

b) Management of the list of open data in the field of environment, disclosure of open data in the field of environment;

c) Management of the shared e-list, ensuring the synchronization of the list with shared e-list management information systems of state agencies in service of the development of the e-Government of Vietnam; systems of shared e-lists of ministries, ministerial-level agencies and localities; and management of e-list in the system;

d) Management of the system of reports on environmental protection at all levels and reporting on environmental protection in production, business and service activities in accordance with law regulations on environmental protection;

dd) User administration: Establishment and administration of user groups and users, decentralization of rights according to system processes and functions;

e) Interconnection and integration of environmental information systems of ministries, ministerial-level agencies and provincial-level agencies with the national environmental information system according to regulations on connection and sharing of information between databases at all levels.

2. In addition to the basic functions specified in Clause 1 of this Article, when building an environmental information system, ministries, ministerial-level agencies and provincial-level People’s Committees may prescribe additional functions to meet using requirements, specificity of the sector, field and conditions of localities.

Article 57. Technical requirements for environmental information systems

1. The assurance of information security for the environmental information systems must comply with provisions in the Government’s Decree No. 85/2016/ND-CP dated July 1, 2016 on ensuring information system security by level, Circular No. 03/2017/TT-BTTTT dated April 24, 2017 of the Minister of Information and Communications on detailing and guiding a number of articles of Decree No. 85/2016/ND-CP and relevant national technical regulations and standards.

2. Technical requirements for connection, sharing and interconnection between the national environmental database, environmental databases of ministries, ministerial-level agencies and provincial-level ones on the environmental information system shall comply with Article 58 of this Circular.

3. Technical requirements for the environmental information systems must comply with regulations on criteria on technical features of ministerial- and provincial-level public service portals and single-window information systems as prescribed in Appendix V to the Circular No. 22/2019/TT-BTTTT dated December 31, 2019 of the Minister of Information and Communications on prescribing criteria on functions and technical features of ministerial- and provincial-level public service portals and single-window information systems.

Article 58. Requirements for connection, sharing and interconnection between the national environmental database, environmental databases of ministries, ministerial-level agencies and provincial-level ones

1. Ensure the requirements for connection, sharing and interconnection between environmental databases at all levels in accordance with law regulations on environmental protection and the Government’s Decree No. 47/2020/ND-CP dated April 9, 2020 on prescribing the management, connection and sharing of digital data of state agencies.

2. Comply with requirements and technical standards on 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 prescribing technical requirements for connection of information systems and databases with the national database; technical standards on application of information technology in state agencies specified in the Circular No. 39/2017/TT-BTTTT dated December 15, 2017 of the Minister of Information and Communications on promulgating the List of technical standards on application of information technology in state agencies, national technical regulation on identifier code structure and data format of message for interconnection of document and administration systems specified in the Circular No. 10/2016/TT-BTTTT dated April 01, 2016 of the Minister of Information and Communications promulgating the national technical regulation on identifier code structure and data format of message for interconnection of document management and administration systems.

3. Connect and share online data in the cyber environment through data services between environmental databases at all levels; ensure regular sharing and updating database in the national environmental database.

4. Shared data includes default shared data and shared data upon specific request. Default shared data shall comply with Article 62 of this Circular. Shared data upon specific request shall comply with specific requirements between state management agencies in charge of environmental protection at all levels.

Article 59. Ensuring the integrity and legality of environmental information and data in environmental databases at all levels

1. Environmental database management agencies of ministries, ministerial-level agencies and provincial-level ones shall be responsible for the accuracy and timeliness of updates on information and data provided to the national environmental database.

2. The connection, sharing and interconnection between environmental databases of ministries, ministerial-level agencies and provincial-level ones with the national environmental database shall be implemented through a connection account with the identification and authentication forms in accordance with law regulations.

3. The creation, modification and deletion of information and data must be stored in history with the ability to trace message that has been authenticated by digital signatures on shared data between environmental databases.

4. Ensure the integrity of data during the connection and sharing between environmental databases of ministries, ministerial-level agencies and provincial-level ones with the national environmental database. In case the the integrity of data is not guaranteed, the information and data must be updated from the original database before the connection and sharing process is performed again.

5. The use of open data provided by environmental data and information management agencies shall comply with the Government’s Decree No. 47/2020/ND-CP dated April 09, 2020 on prescribing the management, connection and sharing of digital data of state agencies.

6. Environmental information and data are subject to copyright and copyright-related rights protection in accordance with law regulations on intellectual property. The use of environmental data information must comply with law regulations on intellectual property and Article 101 of Decree No. 08/2022/ND-CP.

Article 60. Basic information and data of environmental databases

1. Basic information and data of national and provincial-level environmental databases are specified in Form No. 01 in Appendix V to this Circular.

2. Based on the basic information and data of environmental databases specified in Clause 1 of this Article and management requirements, the managing agencies of national and provincial-level environmental databases shall decide on the expansion of the information to be managed for their environmental databases.

3. Based on the basic information and data of environmental databases specified in Clause 1 of this Article and the scope of management, the ministries and ministerial-level agencies shall decide on the information structure of their environmental databases.

4. The national environmental database management and operation agency shall be responsible for developing detailed technical guidelines on construction of environmental databases.

Article 61. Data about shared lists of environmental databases

1. Data about shared lists means data about lists and classification code lists which are shared in environmental databases, ensuring synchronous and unified integration, exchange and sharing of data. Data about shared lists includes:

a) Data about shared lists of shared e-list management information systems of state agencies in service of the development of the e-Government of Vietnam;

b) Data about shared lists of resources and environment sector and data about shared lists of the environment field.

2. The national environmental database management and operation agency shall uniformly manage and periodically update the data about shared lists according to actual requirements.

3. Shared lists of environmental databases at all levels are specified in Form No. 02 in Appendix V to this Circular.

4. Data about shared lists is shared with shared e-list management information systems of state agencies in service of the development of the e-Government of Vietnam.

Article 62. Default shared data of environmental databases

1. The default shared data in environment databases is the data containing the basic information that is shared between environmental databases at all levels according to the default sharing method. The default shared data includes master data in national databases, master data in databases of ministries, ministerial-level agencies and provincial-level databases, data about shared lists, metadata and other shared data.

2. Environmental master data means data carrying the most fundamental information for identifying and determining core management entities in environmental databases.

3. Metadata means data describing the characteristics, scope, and origin of data in environmental databases. Metadata shall comply with the technical guidance of the Ministry of Natural Resources and Environment and relevant current technical guidance on metadata.

4. The national environmental database management and operation agency shall prescribe the identifier code structure of master data for uniform use among all environmental databases at all levels nationwide, ensuring the uniqueness of each master data subject.

5. Default shared data of environmental databases at all levels includes data about shared lists specified in Article 61 of this Circular, master data and other default shared data specified in Form No. 03 in Appendix V to this Circular.

Section 3

REPORTS ON ENVIRONMENTAL PROTECTION

Article 63. Preparation of a report on environmental protection work

1. District-level People's Committees shall formulate reports on environmental protection work according to the Form No. 01 in Appendix VI to this Circular.

2. Management boards of economic zones, export-processing zones, hi-tech parks and industrial parks shall develop reports on environmental protection work according to Form No. 02 in Appendix VI to this Circular.

3. Provincial-level People’s Committees shall direct their Departments of Natural Resources and Environment to assume the prime responsibility for, and coordinate with relevant departments, agencies and sectors in, elaborating reports on environmental protection work according to Form No. 03 in Appendix VI to this Circular.

4. Ministries and ministerial-level agencies shall formulate reports on performance of environmental protection tasks according to the Form No. 04 in Appendix VI to this Circular.

5. The Ministry of Natural Resources and Environment shall prepare a report on environmental protection work and submit it to the Government for reporting to the National Assembly according to the following order:

a) Develop a draft report on nationwide environmental protection work on the basis of assessment and synthesis of environmental protection implementation results of ministries, ministerial-level agencies and provincial-level People’s Committees;

b) Collect opinions from ministries, ministerial-level agencies and provincial-level People's Committees on draft reports on nationwide environmental protection work;

c) Study, absorb collected opinions and explain, complete the draft report and submit it to the Government for reporting to the National Assembly in accordance with regulations.

Article 64. Assessment of environmental protection results

1. Based on assigned environmental protection tasks, ministries and ministerial-level agencies shall assess by themselves results of their environmental protection work and prepare reports on the performance of their environmental protection tasks and send them to the Ministry of Natural Resources and Environment before February 15 every year to summarize and submit to the Government for reporting to the National Assembly.

2. The assessment of environmental protection results of provincial-level People's Committees shall be as follows:

a) Based on requirements for environmental protection and tasks of state management of environmental protection in each period, the Ministry of Natural Resources and Environment shall issue a set of indicators and guidance on assessment of environmental protection results of provincial-level People's Committees;

b) Provincial-level People's Committees shall assess by themselves their environmental protection results according to the set of indicators and guidance on assessment of environmental protection results, take responsibility for the accuracy and completeness of self-assessment results and information, data;

c) The Ministry of Natural Resources and Environment shall invite a socio-political organization or a sociological investigation organization to assess the level of people’s satisfaction with the quality of the living environment in provinces and centrally-run cities. The survey results shall be used to assess the results of environmental protection work;

d) The Ministry of Natural Resources and Environment shall establish a council to assess the results of environmental protection work of provincial-level People's Committees. The council includes representatives of ministries, ministerial-level agencies, representatives of agencies, organizations, relevant experts and scientists;

dd) Based on the assessment results of the council, the Ministry of Natural Resources and Environment shall summarize, approve and announce the assessment results of environmental protection of provincial-level People's Committees.

Article 65. Forms and methods of submitting reports on environmental protection work

1. A report on environmental protection work may be presented in one of the following forms:

a) A written report in paper, that is signed by a competent person, stamped by the unit and its electronic document (file.doc). The data consolidation forms attached to the report must be “fan stamped” together. Reports in this form shall be sent by the methods specified at Points c, d, dd and e, Clause 2 of this Article;

b) A report in an electronic document that is made in the format prescribed by a competent state agency or digitized from a paper document, with an electronic signature of a competent person and an electronic seal of the unit. Reports in this form shall be sent by the methods specified at Points a and b, Clause 2 of this Article.

2. Report shall be sent to the receiving agency by one of the following methods:

a) Send through the national e-document exchange platform;

b) Send through reporting information systems of localities and the Ministry of Natural Resources and Environment;

c) Directly send and receive;

d) Send and receive via postal services;

dd) Send and receive via Fax;

e) Send and receive via email system;

g) Other methods as prescribed by law regulations.

Article 66. Content, forms and time of sending reports on environmental protection work in production, business and service activities

1. Contents of reports on environmental protection work:

a) Contents of reports on environmental protection work of owners of investment projects, production, business and service establishments that are subject to environmental permits shall comply with the Form No. 05.A in Appendix VI to this Circular;

b) Contents of reports on environmental protection work of owners of investment projects, production, business and service establishments that are subject to environmental registration shall comply with the Form No. 05.B in Appendix VI to this Circular. Subjects eligible for exemption from environmental registration prescribed in Article 32 of Decree No. 08/2022/ND-CP shall be not required to report on environmental protection work;

c) Contents of reports on environmental protection work of owners of projects on construction and commercial operation of infrastructure facilities of concentrated production, business and services zones or industrial clusters shall comply with the Form No. 06 in Appendix VI to this Circular.

2. Time to send reports on environmental protection work: Owners of investment projects, production, business and service establishments shall report on environmental protection work to the agencies specified in Clause 5 of this Article on an annual basis (the reporting period is from January 01 to the end of December 31) before January 05 of the following year; owners of projects on construction and commercial operation of infrastructure facilities of concentrated production, business and service zones or industrial clusters shall report on environmental protection work to the agencies specified in Clause 5 of this Article on an annual basis reports (the reporting period is from January 01 to the end of December 31) before January 10 of the following year.

3. Forms of a report on environmental protection work A report on environmental protection work may be presented in one of the following forms:

a) A written report in paper, that is signed by a competent person, stamped by the unit and its electronic document (file.doc). The data consolidation forms attached to the report must be “fan stamped” together. Reports in this form shall be sent by the methods specified at Points b, c and d, Clause 4 of this Article;

b) A report in an electronic document that is made in the format prescribed by a competent state agency or digitized from a paper document, with an electronic signature of a competent person and an electronic seal of the unit. Reports in this form shall be sent by the methods specified at Points a and dd, Clause 4 of this Article.

4. Report shall be sent to the receiving agency by one of the following methods:

a) Send through environmental information systems at all levels or other information systems of localities;

b) Directly send and receive;

c) Send and receive via postal services;

d) Send and receive via Fax;

dd) Send and receive via email system;

e) Other methods prescribed by law regulations.

5. Sending of a report on environmental protection work:

a) Owners of investment projects, production, business and service establishments shall send reports on environmental protection work to the following agencies: Agencies granting environmental licenses (for subjects specified at Point a, Clause 1 of this Article) or agencies receiving environmental registration (for subjects specified at Point b, Clause 1 of this Article); Departments of Natural Resources and Environment (where the investment project is located, establishments’ production, business and service activities are conducted); District-level People’s Committees; owners of projects on construction and commercial operation of technical infrastructure of concentrated production, business and service zones or industrial clusters (for establishments located in economic zones, concentrated production, business or service zones or industrial clusters);

b) Owners of projects on construction and commercial operation of technical infrastructure of concentrated production, business and service zones shall send reports on environmental protection work to agencies in accordance with Point m, Clause 4, Article 51 of the Law on Environmental Protection;

c) Owners of projects on construction and commercial operation of technical infrastructure of industrial clusters shall send reports on environmental protection to agencies in accordance with Point l, Clause 3, Article 52 of the Law on Environmental Protection.

6. Owners of investment projects, production, business and service establishments, owners of projects on construction and commercial operation of technical infrastructure of concentrated production, business and service zones, industrial clusters shall be responsible for submitting reports specified in Clauses 1, 2, 3 and 4 of this Article and keeping the report-related documents at the establishments for comparison by competent state agencies upon implementation of inspection and examination work.

7. Owners of investment projects, production, business and service establishments, owners of projects on construction and commercial operation of technical infrastructure of concentrated production, business and service zones, industrial clusters shall report on their environmental protection work on an annual basis in accordance with Clauses 1, 2, 3, 4, 5 and 6 of this Article. Irregular reports on environmental protection work shall be made at the request of competent state agencies.

Section 4

ENVIRONMENTAL STATUS REPORTS

Article 67. Methods of making environmental status reports

1. National and local environmental status reports are prepared according to the Driver - Pressure - State - Impact - Response (DPSIR) Framework. DPSIR framework describes the interrelationship between Driver D (socio-economic development, the root of environmental changes) - Pressure - P (direct emission sources causing environmental pollution and degradation) - State - S (state of environmental quality) - Impact - I (impact of environmental pollution on community well-being, socio-economic development and ecological environment) - Response - R (responses of the state and society for environment protection).

2. Reports on environmental status of ministries and ministerial-level agencies shall be integrated into reports on performance of environmental protection tasks prescribed in Clause 4, Article 63 of this Circular.

Article 68. Responsibility and fundings for making environmental status reports

1. Responsibilities for making environmental status reports:

a) The agency assigned to prepare environmental status reports under the Ministry of Natural Resources and Environment shall assist the Ministry of Natural Resources and Environment in making overview reports and thematic reports on the national environmental status in accordance with Clause 2, Article 120 of the Law on Environmental Protection;

b) Departments of Natural Resources and Environment helps their provincial-level People’s Committees to prepare overview reports and thematic reports on environmental status of the localities in accordance with Clause 2, Article 120 of the Law on Environmental Protection.

2. Fundings for preparation of overview reports and thematic reports on environmental status shall be allocated from the environmental budget in accordance with current regulations.

Article 69. Organization of making environmental status reports

1. Proposing and approving themes of thematic environmental reports:

a) Based on pressing environmental problems and state management of the environment, the agency assigned to prepare environmental status reports under the Ministry of Natural Resources and Environment shall propose the theme of the national environmental thematic report and submit it to the Ministry of Natural Resources and Environment for approval before the year of report making;

b) Based on pressing environmental problems and state management of the environment in localities, Departments of Natural Resources and Environment shall propose themes of environmental thematic reports of the respective localities and submit them to provincial-level People’s Committees for decision before the year of report making;

2. Sources of information for the preparation of environmental status reports:

a) Environmental information from overview reports and thematic reports on national environmental status, overview reports and thematic reports on local environmental status that have been approved;

b) Information from national, sectoral and local national statistical directories;

c) Results of environmental monitoring programs;

d) Information from ministries, ministerial-level agencies, relevant departments, agencies and sectors;

dd) Information from other sources: results of scientific research programs or national, ministerial and provincial scientific research projects having already tested and accepted;

e) Information from additional investigation and survey programs on thematic environmental issues for the purpose of data support for the preparation of environmental status reports.

3. Consultation on draft reports with stakeholders:

a) Based on the actual situation, the agency assigned to prepare environmental status reports under the Ministry of Natural Resources and Environment, Departments of Natural Resources and Environment may choose one or several forms of consultation: expert meeting; seminars and consultations with relevant parties, agencies and organizations; written opinion requests;

b) The request for written opinions specified at Point a of this Clause shall be carried out as follows: Draft reports on the national environmental status shall be sent to ministries, ministerial-level agencies, provincial-level People’s Committees and relevant units for opinion collection; draft reports on the local environmental status shall be sent to departments, sectors and related agencies and organizations in the localities.

Article 70. Structure and contents of environmental status reports

1. The main contents of environmental status reports shall comply with Clause 3, Article 120 of the Law on Environmental Protection.

2. The structure and contents of overview reports and thematic reports on national and local environmental status shall comply with Form No. 07 and Form No. 08 in Appendix VI to this Circular.

3. In the process of preparing the report, on the basis of situation, to apply all contents or omit irrelevant contents; maintain or rearrange the structure but fully ensure the contents specified in Clause 3, Article 120 of the Law on Environmental Protection.

Article 71. Submission and approval of environmental status reports

1. The agency assigned to prepare environmental status reports under the Ministry of Natural Resources and Environment shall submit national environmental status reports and thematic reports on national environment to the Minister of Natural Resources and Environment for approval.

2. Departments of Natural Resources and Environment shall submit local environmental status reports and thematic environmental reports of localities to their provincial-level People’s Committees for approval.

Chapter VI
SOME OTHER CONTENTS

Article 72. Making and approving environmental rehabilitation plans after environmental incidents

1. The owner of an investment project or establishment causing an environmental incident shall be responsible for making an environmental rehabilitation plan for grassroots-level environmental incident right after the completion of stage of organization of environmental incident response. The environmental rehabilitation plan must be sent to the commune-level People’s Committee where the incident occurs at least 03 days before implementation organization for the inspection and supervision.

2. The formulation and approval of environmental rehabilitation plans for provincial-, district- or national-level environmental incidents shall comply with Clause 2, Article 126 of the Law on Environmental Protection.

Article 73. Contents of environmental rehabilitation plans

1. An environmental restoration plan must fully have the contents specified in Clause 3, Article 126 of the Law on Environmental Protection.

2. Contents of assessment of environmental status after an environmental incident include:

a) Pollution scope, nature (type) and level of the surface water and groundwater sources (if any) of the area where the incident occurs;

b) Pollution scope, nature (type) and level of the soil environment of the area where the incident occurs;

c) Area and coverage of natural forest ecosystems, coral reefs and seagrass beds (if any) of the area where the incident occurs.

3. The survey and assessment of environmental status after an environmental incident shall be carried out as follows:

a) The survey and assessment of pollution scope, nature (type) and level of the surface water and groundwater sources (if any) shall be implemented through the environmental quality monitoring program according to regulations on environmental monitoring techniques;

b) The survey and assessment of pollution scope, nature (type) and level of the soil environment shall be carried out through preliminary investigation and assessment, and detailed investigation and assessment specified in Articles 15 and 16 of the Decree No. 08/2022/ND-CP;

c) The survey and assessment of current status of natural forest ecosystems, coral reefs and seagrass beds must comply with law regulations on biodiversity, forestry and fisheries.

4. Solutions for environmental rehabilitation must meet the following requirements:

a) Solutions for environmental quality rehabilitation for surface water and groundwater sources must be suitable to the pollution nature, extent and scope of the water sources;

b) Rehabilitation solutions for soil environment pollution are implemented in accordance with Clauses 1 and 2, Article 17 of Decree No. 08/2022/ND-CP;

c) Solutions for rehabilitation of area and coverage of natural forest ecosystems, coral reefs and seagrass beds must comply with law regulations on biodiversity, forestry and fisheries.

5. The management, monitoring and supervision program during the environmental rehabilitation period must ensure the monitoring of environmental quality changes in each environmental rehabilitation stage and shall be implemented as follows:

a) The monitoring and supervision of environmental quality of surface water and groundwater must comply with regulations on environmental monitoring techniques;

b) The monitoring and supervision of soil environment quality shall comply with Point e, Clause 2, Article 17 of Decree No. 08/2022/ND-CP;

c) The monitoring and assessment of area and coverage of natural forest ecosystems, coral reefs and seagrass beds must comply with law regulations on biodiversity, forestry and fisheries.

Article 74. Inspection, supervision, and acceptance of the completion of environmental rehabilitation plans

1. Agencies, organizations and individuals implementing a environmental rehabilitation plan shall be responsible for making a report on the completion of the environmental rehabilitation plan and send it to the plan-approving agency after completing all contents and requirements of the plan. The report on the completion of the environmental rehabilitation plan shall be used as the basis for the plan-approving agency to consider and organize the acceptance of the completion of environmental rehabilitation plan.

2. The inspection, supervision and acceptance of the completion of environmental rehabilitation plan shall comply with Clause 4, Article 126 of the Law on Environmental Protection.

Article 75. Forms of documents related to payment for natural ecosystem services

1. Contracts of payment for natural ecosystem services in the form of direct payment shall be made according to the Form No. 01 in Appendix VII to this Circular.

2. Contracts for payment for natural ecosystem services in the form of entrustment through provincial-level environment protection funds or the Vietnam Environment Protection Fund shall be made according to the Form No. 02 in Appendix VII to this Circular.

3. Plans for payment for natural ecosystem services in the form of entrustment of users shall be made according to the Form No. 03 in Appendix VII to this Circular.

4. Statements of payment for natural ecosystem services in the form of entrustment shall be made according to the Form No. 04 in Appendix VII to this Circular.

5. Documents synthesizing plans for natural ecosystem service payment in the form of entrustment of organizations and individuals using natural ecosystem services shall be made according to the Form No. 05 in Appendix VII to this Circular.

6. Plans for collection and payment of natural ecosystem services in the form of entrustment shall be made according to the Form No. 06 in Appendix VII to this Circular.

7. Expense estimates for management of natural ecosystem service payment of entrusted environment protection funds shall be made according to the Form No. 07 in Appendix VII to this Circular.

8. Written notices on payments for natural ecosystem services of entrusted agencies to suppliers shall be made according to the Form No. 08 in Appendix VII to this Circular.

Article 76. Vietnam Green Label’s criteria

1. The Vietnam Green Label’s criteria are built on the basis of assessing the impact of the entire lifecycle of products and services. The exploitation of raw materials, production, distribution, use and recycling after disposal of such products and services are less harmful to the environment than similar products. Contents of the Vietnam Green Label’s criteria are specified in the Form No. 01 in Appendix VIII to this Circular.

2. The Vietnam Green Label’s criteria shall be used as the basis for assessing environment-friendly products and services, which are announced for each group of products and services.

Article 77. Assessment of the conformity of products and services with the Vietnam Green Label’s criteria

1. The assessment of the conformity of products and services with the Vietnam Green Label’s criteria shall be implemented according to the following order: Establish an assessment council; conduct field surveys; to hold a meeting of the assessment council; in case of necessity, organize the assessment of the conformity of products and services with the Vietnam Green Label’s criteria.

2. An assessment council includes at least 07 members, in which: Its chairperson, vice chairpersons and secretary member are civil servants of the agency assigned to implement the assessment; its members are representatives of relevant ministries, ministerial-level agencies, experts with expertise and experience in the field of environment or products and services with request for certification.

3. The council may hold a meeting to assess dossiers of request for certification with the Vietnam Green Label if at least 2/3 (two thirds) of its members participate the meeting.

4. Reports on assessment results for dossiers of registration for certification of the conformity of products and services with the Vietnam Green Label’s criteria, decisions on establishment of a council, written comments of the council members and meeting minutes of the council of assessment of products and services’ conformity with the Vietnam Green Label’s criteria shall comply with Forms No. 02, 03, 04 and 05 in Appendix VIII to this Circular.

Article 78. Forms related to the implementation of responsibility for recycling of products, packings and treatment of wastes of institutional or individual importers

1. Registrations of product and packing recycling plans shall be made according to the Form No. 01 in Appendix IX to this Circular.

2. Reports on product and packing recycling results shall be made according to the Form No. 02 in Appendix IX to this Circular.

3. Written declarations of contribution amounts to support the recycling shall be made according to the Form No. 03 in Appendix IX to this Circular.

4. Written declarations of contribution amounts to support the waste treatment shall be made according to the Form No. 04 in Appendix IX to this Circular.

5. Dossiers of request for financial support for recycling shall be made according to the Form No. 05 in Appendix IX to this Circular.

6. Dossiers of request for financial support for waste treatment shall be made according to the Form No. 06 in Appendix IX to this Circular.

7. Written declarations of the list of products and goods produced and put on the market of the year immediately preceding the year of responsibility implementation (N-1) shall be made according to the Form No. 07 in Appendix IX to this Circular. Such written declarations shall be applied to producers and submitted together with Forms No. 01, 03 and 04 in Appendix IX to this Circular.

8. Written declarations of the list of imported products and goods of the year immediately preceding the year of responsibility implementation (N-1) shall be made according to the Form No. 08 in Appendix IX to this Circular. Such written declarations shall be applied to importers and submitted together with Forms No. 01, 03 and 04 in Appendix IX to this Circular.

9. Written declarations of specifications of products and packings to be recycled of the year preceding the year immediately preceding the year of responsibility implementation (N-1) shall be made according to the Form No. 09 in Appendix IX to this Circular. Such written declarations shall be submitted together with Forms No. 01 and 03 in Appendix IX to this Circular.

10. Written synthesis declarations of of product and packing mass of the year immediately preceding the year of responsibility implementation (N-1) shall be made according to the Form No. 10 in Appendix IX to this Circular. Such written declarations shall be submitted together with Forms No. 01 and 03 in Appendix IX to this Circular.

Article 79. Submission and receipt of registrations of recycling plans, reports on recycling results, written declarations of financial contributions; accounts to receive financial contributions to support recycling and waste treatment activities

1. Information about the agency receiving registrations of recycling plans, reports on recycling results of products and packagings: The Ministry of Natural Resources and Environment, No. 10 Ton That Thuyet, Nam Tu Liem District, Hanoi City.

2. Information about the agency receiving written declarations of financial contributions to support recycling and waste treatment activities: The Vietnam Environment Protection Fund, No. 85 Nguyen Chi Thanh, Dong Da District, Hanoi City.

3. Information about the receiving account and money transfer content for financial contributions to support the recycling:

Account name: The Vietnam Environment Protection Fund;

Account number:  202266999;

Vietnam International Commercial Joint Stock Bank (Dong Da Branch);

Money transfer content: Clearly write names of the producers, importers and tax codes.

4. Information about the account receiving financial contributions to support the waste treatment:

Account name: The Vietnam Environment Protection Fund;

Account number: 202266888;

Vietnam International Commercial Joint Stock Bank (Dong Da Branch);

Money transfer content: Clearly write names of the producers, importers and tax codes.

Article 80. Form of decisions on examination of observance of the law on environmental protection

Decisions on examination of observance of the law on environmental protection shall be made according to Appendix X to this Circular.

Article 81. Making of statistics, monitoring and disclosure of resources spending on environmental protection

1. The making of statistics and monitoring of resources spending on environmental protection shall comply with the Circular No. 20/2018/TT-BTNMT dated November 08, 2018 of the Minister of Natural Resources and Environment defining the statistical reporting regime in natural resource and environment sector.

2. The disclosure of resources spending on environmental protection shall be performed in the same period of disclosure of statistical indicators in natural resource and environment sector.

Chapter V
ORGANIZATION OF IMPLEMENTATION

Article 82. Amending and supplementing a number of articles of the Circular No. 76/2017/TT-BTNMT dated December 29, 2017 of the Minister of Natural Resources and Environment on assessment of the capacity to receive wastewater and the load of rivers and lakes

1. To amend and supplement Clause 1, Article 7 as follows:

“1. The capacity to receive wastewater and the load of each river or lake section must be assessed with the parameters as follows:  COD, BOD₅, Ammonium, total Nitrogen, total Phosphorus and parameters specified in Clause 2 of this Article.”

2. To amend and supplement Article 9 as follows:

“Article 9. Assessment of the capacity to receive wastewater and the load of rivers

1. Principles of assessment of the capacity to receive wastewater and the load of rivers:

The capacity to receive wastewater and the load of each river section depend on pollutants need to be concerned, the flow and volume of pollutants passing through the river section, the using purpose of the water source. Method of assessment of the capacity to receive wastewater and the load of a river section shall, based on the general formula for the relationship between point discharge sources, non-point discharge sources, natural discharge sources, pollutant flow lost due to transformation processes occurring in the river section and the load of pollutants at the two cross-sections of the river section at any day of the year, be as follows:

D_p + L_diff + LB - NP = L_y - L_y0

In which:

a) D_p: Total volume of pollutants of point sources discharging into the river section (kg/day);

b) L_diff: Total volume of pollutants of non-point sources discharging into the river section (kg/day);

c) LB: Natural background volume of pollutants discharged into the river section (kg/day);

d) NP: Volume of pollutants lost due to transformation processes occurring in the river section (kg/day);

dd) L_y, Ly₀: Volume of pollutants at respective cross-sections at the downstream area and upstream area of the river section (kg/day).

2. Build calculation scenarios:

a) Base scenario: The flow of river according to the minimum flow (determined according to Clause 2, Article 10 of this Circular), the volume of pollutants at the cross-section at upstream area of the river section that is volumes of the water quality parameters existing in water source of the river section and is determined according to Article 11 of this Circular, the volume of pollutants at the cross-section at downstream area of the river section that is the maximum volume of surface water quality parameters and is determined in accordance with Article 10 of this Circular;

b) Scenarios for the entire flow range of the river section;

c) Scenarios according to water quality requirements in the future.

In case river water quality and other conditions correspond to the base scenario, the capacity to receive wastewater and the load of the river section shall be calculated as follows according to the methods specified in Clauses 3, 4 and 5 below.

3. Direct assessment method:

Assessment formula: L_tn = (L_td – L_nn) x F_s

In which:

a) L_tn: capacity to receive wastewater and load, for each pollution parameter, calculation unit is kg/day;

b) L_tđ: maximum volume of each surface water quality parameter for the river section, it is determined in accordance with Article 10 of this Circular, calculation unit is kg/day;

c) L_nn: volume of each water quality parameter existing in water source of the river section, it is determined in accordance with Article 11 of this Circular, calculation unit is kg/day;

d) F_s: Safety factor, considered and selected in the range from 0.7 to 0.9 on the basis of completeness, reliability and accuracy of information and data used for the assessment that is considered and decided by the agency competent to approve the capacity to receive wastewater and the load specified in Clause 1, Article 15 of this Circular.

4. Indirect assessment method:

Assessment formula: L_tn = (L_tđ - L_nn - L_tt) x F_s + NP_tđ

In which:

a) L_tn: capacity to receive wastewater and load, for each pollution parameters, calculation unit is kg/day;

b) L_tđ, F_s: determined in accordance with Points b and d, Clause 3 of this Article;

c) L_nn: volume of water quality parameters existing in water source of the river section, it is determined in accordance with Article 11 of this Circular, calculation unit is kg/day;

d) L_tt: volume of pollution parameters existing in the wastewater source, it is determined in accordance with Article 12 of this Circular, calculation unit is kg/day;

dd) NP_td: Maximum volume of pollution parameters lost due to transformation processes occurring in the river section, calculation unit is kg/day; The NP_td value depends on each pollutant, and a value of 0 may be chosen for a pollutant with a reaction to reduce this pollutant.

5. Assessment by model method:

Based on the flow characteristics of the river section, the river or whole river system, data information on the flow, water quality and waste sources, the agency competent to approve the capacity to receive wastewater and the load specified in Clause 1, Article 15 of this Circular shall consider and decide on the selection of suitable models for assessment. The models for assessment must be calibrated and verified before performance of assessment.

6. Assessment results must satisfy the requirements specified in Clauses 1 and 2, Article 14 of this Circular.”

3. To amend and supplement Article 12 as follows:

“Article 12. Determination of volumes of pollution parameters existing in wastewater sources

1. Discharge sources into the river section include 03 main sources: point discharge sources, non-point discharge sources, natural discharge sources. volumes of pollution parameters from the 3 main sources are denoted by L_t, L_d and L_n, respectively.

Formula for determination of the total volume of pollution parameters existing in the wastewater source: L_n = L_t + L_d + L_n.

2. Formula for determination of the volume of pollutants from point discharge sources:

L_t = C_t x Q_t x 86.4

In which:

a) C_t: Analysis results of pollution parameters existing in the wastewater sources discharged into the river section, it is determined in accordance with Article 2 of this Circular, calculation unit is mg/L;

b) Q_t: Maximum flow of the wastewater sources discharged into the river section, it is determined in accordance with Article 4 of this Circular, calculation unit is m³/s;

c) The value of 86.4 is the dimensional conversion coefficient.

3. The analysis results of pollutant parameters in the wastewater sources shall be determined on the basis of the average value of the analysis results of at least 10 wastewater samples with a sampling frequency of 03 days/sample. In case the wastewater source has been monitored in accordance with law regulations, such monitoring data may be considered to be used for the assessment.

4. The maximum flow of wastewater sources shall be determined on the basis of the monitoring results of the wastewater source flow as prescribed by law or the maximum flow recorded in a license for discharge of wastewater into water sources or environmental license, legal document on environmental protection granted by competent agencies.

5. In case there are many wastewater sources discharged into the river section, the determination of volume of pollutant parameters shall be carried out for each wastewater source.

6. The values of L_d and L_n shall be determined on the basis of aggregate consideration based on the material-balance equation in Clause 1, Article 9 of this Circular and correspond to the river water flow corresponding to the basic scenario as specified in Clause 2, Article 9 of this Circular.

7. If the wastewater sources, pollution parameters and flow expected to be discharged into the assessed river section have been identified in the socio-economic development planning, the load of each pollution parameter shall be additionally considered and determined. The value of each pollution parameter for assessment shall be determined on the basis of the limit value specified in the technical regulation on wastewater.”

4. To amend and supplement Clause 2, Article 15 as follows:

“2. The Ministry of Natural Resources and Environment shall organize the investigation and assessment of the capacity to receive wastewater and the load of rivers and lakes which are inter-provincial and inter-national water sources, and consult Ministries of Industry and Trade, Agriculture and Rural Development, Transport, Construction, Culture, Sports and Tourism, provincial-level People’s Committees and related agencies and units.”

5. To amend and supplement Clause 2, Article 16 as follows:

“2. The assessment of the capacity to receive wastewater and the load of rivers and lakes is carried out according to the period of the surface water quality management plan under the Law on Environmental Protection or the agency competent to approve the capacity to receive wastewater and the load of the water sources specified in Clause 1, Article 15 of this Circular considers and decides on the re-assessment of the capacity to receive wastewater and the load of the water sources in one of the following cases:

a) There is an adjustment to the socio-economic development planning related to water use purposes and discharge of wastewater into water sources;

b) There are a project or work of exploitation and use of water, discharge of wastewater into new water sources that make a great change to the flow regime and water quality of rivers and lakes;

c) At the request of a competent state agency.”

Article 83. Transitional provisions

1. Hazardous waste codes of 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 and 12 07 05 in the list of hazardous waste codes issued together with the Circular No. 36/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and Environment on management of hazardous wastes are replaced with the hazardous waste code of 12 06 05 specified in the Form No. 01 in Appendix III to this Circular.

2. Establishments that have registered hazardous waste generators with hazardous waste codes specified in Clause 1 of this Article before the effective date of this Circular may continue to use these hazardous waste codes and be allowed to transfer to hazardous waste treatment facilities licensed to handle the hazardous waste code of 12 06 05 until they are granted environmental licenses or environmental registrations.

3. Establishments that have been granted hazardous waste treatment licenses (component environmental licenses) with hazardous waste codes specified in Clause 1 of this Article before the effective date of this Circular may continue to perform the collection and treatment of such hazardous waste codes and the hazardous waste code of 12 06 05 until their component environmental licenses expire.

4. From the effective date of this Circular, generators of hazardous wastes and hazardous waste treatment facilities shall use the hazardous waste code of 12 06 05 for waste codes specified in Clause 1 of this Article. 

Article 84. Effect

1. This Circular takes effect on January 10, 2022.

2. From the effective date of this Circular, the following circulars cease to be effective:

a) Circular No. 19/2015/TT-BTNMT dated April 23, 2015 of the Minister of Natural Resources and Environment detailing the approval of eligibility for provision of environmental monitoring services and certificate form;

b) Circular No. 22/2015/TT-BTNMT dated May 28, 2015 of the Minister of Natural Resources and Environment defining the environmental protection in the process of using drilling fluids; waste management and environmental monitoring for offshore oil and gas operations;

c) Circular No. 35/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and Environment on the environmental protection in economic zones, industrial parks, export-processing zones and hi-tech parks;

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 rehabilitation in mineral mining activities;

e) Circular No. 43/2015/TT-BTNMT dated September 29, 2015 of the Minister of Natural Resources and Environment on environmental status reports, environmental indicator sets, management of figures on environmental monitoring;

g) Circular No. 19/2016/TT-BTNMT dated August 24, 2016 of the Minister of Natural Resources and Environment on reporting on environmental protection work;

h) Circular No. 31/2016/TT-BTNMT dated October 14, 2016 of the Minister of Natural Resources and Environment providing for environmental protection for industrial clusters, concentrated business and service zones, craft villages, production, business and service establishments;

i) Circular No. 34/2017/TT-BTNMT dated October 04, 2017 of the Minister of Natural Resources 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 on detailing the implementation of a number of articles of the Government’s Decree No. 40/2019/ND-CP of May 13, 2019, on amending and supplementing a number of articles of the Decrees detailing and guiding the implementation of the Law on Environmental Protection, and providing the management of environmental monitoring services.

3. From the effective date of this Circular, Section 2.2.1 of the National Technical Regulation QCVN 36:2010/BTNMT on Discharge of Drilling Fluids and Drilling Cuttings for Offshore Oil and Gas Facilities issued together with the Circular No. 42/2010/TT-BTNMT dated December 29, 2010 of the Minister of Natural Resources and Environment promulgating national technical regulations related to environment shall cease to be effective.

Article 85. Responsibility of implementation

1. Ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall be responsible for directing the implementation of this Circular.

2. Departments of Natural Resources and Environment shall be responsible for assisting People’s Committees of provinces and centrally-run cities in implementing this Circular in their localities.

3. Relevant organizations and individuals shall be responsible for the implementation of this Circular.

* All Appendices are not translated herein.