Circular 25/2019/TT-BTNMT guidance on Decree 40/2019/ND-CP

CIRCULAR

Detailing the implementation of a number of articles of the Government’s Decree No. 40/2019/ND-CP of May 13, 2019, 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^[1]

Pursuant to the June 23, 2014 Law on Environmental Protection;

Pursuant to the Government’s Decree No. 36/2017/ND-CP April 4, 2017, defining functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Government’s Decree No. 40/2019/ND-CP of May 13, 2019, amending and supplementing a number of articles of the Decrees detailing and guiding the implementation of the Law on Environmental Protection;

Pursuant to the Government’s Decree No. 74/2018/ND-CP of 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 the Law on Product and Goods Quality;

Pursuant to the Government’s Decree No. 107/2016/ND-CP of July 11, 2016, prescribing conditions for provision of conformity assessment services;

Pursuant to the Government’s Decree No. 38/2015/ND-CP of April 24, 2015, on management of wastes and scraps;

Pursuant to the Government’s Decree No. 19/2015/ND-CP of February 14, 2015, detailing the implementation of a number of articles of the Law on Environmental Protection;

Pursuant to the Government’s Decree No. 18/2015/ND-CP of February 14, 2015, providing environmental protection master plans, strategic environmental assessment, environmental impact assessment and environmental protection plans;

Pursuant to the Government’s Decree No. 127/2014/ND-CP of December 31, 2014, prescribing conditions on organizations providing environmental monitoring services;

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

The Minister of Natural Resources and Environment promulgates the Circular detailing the implementation of a number of articles of the Government’s Decree No. 40/2019/ND-CP of May 13, 2019, 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,

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. This Circular details a number of provisions of the Government’s Decree No. 40/2019/ND-CP of May 13, 2019, amending and supplementing a number of articles of the Decrees detailing and guiding the implementation of the Law on Environmental Protection (below referred to as Decree No. 40/2019/ND-CP), and providing the management of environmental monitoring services.

Provisions to be detailed include: Clause 2a, Article 12 of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 4, Article 1 of Decree No. 40/2019/ND-CP; Point a, Clause 4, Article 14 of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 5, Article 1 of Decree No. 40/2019/ND-CP; Point b, Clause 4, Article 16b of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 9, Article 1 of Decree No. 40/2019/ND-CP; Point b, Clause 5, Article 17 of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 10, Article 1 of Decree No. 40/2019/ND-CP; Point a, Clause 1, Article 14b of Decree No. 19/2015/ND-CP, which was amended and supplemented by Clause 13, Article 2 of Decree No. 40/2019/ND-CP; Clause 4, Article 44 of Decree No. 19/2015/ND-CP, which was amended and supplemented by Clause 23, Article 2 of Decree No. 40/2019/ND-CP; Clause 3, Article 23 of Decree No. 38/2015/ND-CP, which was amended and supplemented by Clause 10, Article 3 of Decree No. 40/2019/ND-CP; Clause 10, Article 56b of Decree No. 38/2015/ND-CP, which was amended and supplemented by Clause 30, Article 3 of Decree No. 40/2019/ND-CP; Clause 3, Article 59 of Decree No. 38/2015/ND-CP, which was amended and supplemented by Clause 33, Article 3 of Decree No. 40/2019/ND-CP; and Clause 2, Article 5 of Decree No. 40/2019/ND-CP, specifically as follows:

a/ Strategic environmental assessment, environmental impact assessment and environmental protection plans;

b/ Contents of environmental improvement and remediation in mineral mining;

c/ Inspection and certification of completion of environmental protection facilities;

d/ Environmental protection conditions for import of scraps for use as production materials;

dd/ Announcement of environment-friendly products and services;

e/ Criteria for selection and appraisal of technologies for domestic solid waste treatment;

g/ Closure of domestic solid waste landfills;

h/ Management of environmental quality;

i/ Management of environmental monitoring services;

k/ Environmental protection reports.

2. This Circular applies to domestic and foreign agencies, organizations and individuals involved in environmental protection activities.

Article 2.Interpretation of terms

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

1. Domestic solid waste landfill means an area designed and built for burial and filling of domestic solid wastes in accordance with the law on environmental protection and other relevant laws.

2. Leachate means wastewater generated from the process of domestic solid waste collection, transportation and treatment.

3. Landfill gas means a mixture of different gases generated by decomposition of domestic solid wastes within a domestic waste landfill.    

4. Buffer zone means an area surrounding a domestic solid waste landfill aimed to prevent and minimize the landfill’s adverse impacts on outside socio-economic activities.

5. Liner system means layers of different materials laid down on the entire base area and surrounding slopes of domestic waste landfill cells to prevent seepage and permeation of leachate into groundwater aquifers.

6. Cover system means layers of different materials covering the entire domestic solid waste landfill site during its operation and upon its closure to prevent and minimize adverse impacts of landfill cells on the surrounding environment and exposure to outside impacts on landfill cells.

7. Landfill gas collection system means a system of facilities and devices to collect exhaust gases from a domestic solid waste landfill in order to prevent and mitigate air pollution and risks of fire, explosion and greenhouse gas emissions.

8. Closure of domestic solid waste landfill means termination of domestic solid waste burial and filling activities.

9. Product or service certified with Vietnam Green Label means a product or service created from environment-friendly materials to ensure safety for the environment and human health and mitigate adverse impacts on the environment while in use and satisfying criteria issued by the Ministry of Natural Resources and Environment.

10. Wastewater treatment stage means a stage of the wastewater treatment process designed to effectively remove or minimize main pollutants (pollution parameters). A wastewater treatment facility consists of one or more than one treatment stage (explained and described in its design dossier, such as block-modular facility or equipment; or stage of flotation-sedimentation, anaerobic pond, aerobic pond, physicochemical pond, filter pond, disinfection pond, bioreactors).    

11. Treatment stage of a dust and exhaust gas treatment facility means a stage of the dust and exhaust gas treatment process designed to effectively remove or minimize main pollutants (pollution parameters). A dust and exhaust gas treatment facility or equipment consists of one or more than one treatment stage (explained and described in its construction design dossier, such as block-modular facility or equipment; completely built-up (CBU) treatment equipment; dust, sulfur oxides (SOx) and nitrogen oxides (NOx) treatment equipment, absorption equipment, and other treatment equipment). 

Chapter II

STRATEGIC ENVIRONMENTAL ASSESSMENT, ENVIRONMENTAL IMPACT ASSESSMENT, ENVIRONMENTAL PROTECTION PLANS AND ENVIRONMENTAL IMPROVEMENT AND REMEDIATION IN MINERAL MINING

Article 3.Forms used for appraisal of strategic environmental assessment reports

1. The structure and contents of a strategic environmental assessment report are provided in Form No. 01a in Appendix I to this Circular.

2. A decision on formation of a council for appraisal of a strategic environmental assessment report shall be made according to Form No. 02a provided in Appendix I to this Circular.

3. Written remarks of members of a council for appraisal of a strategic environmental assessment report shall be made according to Form No. 03 provided in Appendix I to this Circular; appraisal sheets of members of a council for appraisal of a strategic environmental assessment report shall be made according to Form No. 07 provided in Appendix I to this Circular; minutes of meetings of a council for appraisal of a strategic environmental assessment report shall be made according to Form No. 09 provided in Appendix I to this Circular; and notices of results of appraisal of a strategic environmental assessment report shall be made according to Form No. 01b provided in Appendix I to this Circular.

Article 4.Forms used for appraisal of environmental impact assessment reports

1. The structure and specific contents of an environmental impact assessment report are provided in Form No. 04 in Appendix I to this Circular.

2. In case of appraisal of an environmental impact assessment report by a council:

a/ A decision on formation of a council for appraisal of an environmental impact assessment report shall be made according to Form No. 02a provided in Appendix I to this Circular;

b/ Written remarks of members of a council for appraisal of an environmental impact assessment report shall be made according to Form No. 06 provided in Appendix I to this Circular;

c/ Appraisal sheets of members of a council for appraisal of an environmental impact assessment report shall be made according to Form No. 07 provided in Appendix I to this Circular;

d/ Notices of appraisal results shall be made according to Form No. 08 provided in Appendix I to this Circular.

3. In case of appraisal of an environmental impact assessment report of a project through collection of opinions:

a/ An appraising agency or authorized standing body in charge of appraisal shall send a written request, made according to Form No. 02b provided in Appendix I to this Circular, for opinions of agencies, organizations, experts/scientific officers (below collectively referred to as experts);

b/ The consulted agencies, organizations and experts shall make their written replies according to Form No. 06a provided in Appendix I to this Circular within 7 working days after receiving a written request for opinion enclosed with the dossier of the project’s environmental impact assessment report;

c/ Notices of appraisal results shall be made according to Form No. 08 provided in Appendix I to this Circular.

4. A project may apply the state-of-the-art technical methods and the best environmental management experience if satisfying at least one of the following criteria:

a/ Criteria issued by the Organization for Economic Cooperation and Development (OECD);

b) Criteria issued by the European Integrated Pollution Prevention and Control Bureau (EIPPCB) under the European Commission (EC).

5. Approval of environmental changes for projects under construction:

a/ A standing body in charge of appraisal of environmental impact assessment reports shall decide on a list of experts who are among those having joined an appraisal council or been consulted upon appraisal of an environmental impact assessment report. In case of necessity, it shall consult experts with appropriate expertise to consider and approve environmental changes. A written request for appraisal opinion shall be made according to Form No. 02b provided in Appendix I to this Circular;

b/ A decision approving modified contents of a decision on approval of an environmental impact assessment report shall be made according to Form No. 02c provided in Appendix I to this Circular;

c/ For changes in contents of a decision on approval of an environmental impact assessment report other than those specified in Article 15 and Clause 4, Article 16 of Decree No. 18/2015/ND-CP, which were amended and supplemented by Clauses 6 and 7, Article 1 of Decree No. 40/2019/ND-CP, a project owner shall consider and decide on them, take responsibility before law for its/his/her decision, and include them in a dossier of request for inspection and completion certification of an environmental protection facility.

6. For an establishment, industrial park or project that has been put into operation and has a change not falling into the case numbered 105 in Appendix II, Section I of the Appendix to Decree No. 40/2019/ND-CP, its owner shall decide on such change without having to report it to the agency approving its environmental impact assessment report but shall take responsibility before law for such decision.

Article 5.Working principles of councils for appraisal of strategic environmental assessment reports and responsibilities of standing agencies in charge of appraisal

1. Councils for appraisal of strategic environmental assessment reports (below referred to as appraisal councils) shall advise heads of agencies appraising strategic environmental assessment reports (below referred to as appraisal agencies) and take responsibility before appraising agencies and law for appraisal results.

2. Appraisal councils shall work on the principle of public discussion among their members and between them and agencies assigned to formulate strategies and master plans at their working meetings.

3. A working meeting of an appraisal council must satisfy the following conditions:

a/ Being attended in person or online by at least two-thirds of its members, including its chairperson or an authorized vice chairperson (below referred to as the meeting chairperson), secretary member and at least one critical member;

b/ Being attended by a competent representative of the agency assigned to formulate a strategy or master plan.

4. Absent members of an appraisal council may send their written remarks before a council meeting was held which shall be considered opinions of members attending the meeting but may not vote.

5. Attendees to meetings of an appraisal council shall be decided by the standing body in charge of appraisal in case of necessity. Attendees may raise their opinions at meetings of an appraisal council, are subject to chairing by meeting chairpersons and enjoy remunerations in accordance with law.

6. Collection of opinions of a provincial-level Department of Natural Resources and Environment of the locality directly related to environmental matters of a strategy or master plan but having no representative joining an appraisal council:

a/ The standing body in charge of appraisal shall send a strategic environmental assessment report to the provincial-level Department of Natural Resources and Environment for opinion;

b/ The consulted provincial-level Department of Natural Resources and Environment shall send its written opinions as requested by the standing body in charge of appraisal within 5 working days after receiving a written request. Upon the expiration of such time limit, if the provincial-level Department of Natural Resources and Environment fails to send its written opinions, it shall be regarded as having approved the report and take responsibility for the contents related to its functions and tasks of state management of environmental protection in the locality which are put for opinion;

c/ Opinions of the provincial-level Department of Natural Resources and Environment shall be considered and discussed at meetings of the appraisal council.

7. The secretary member of an appraisal council must be a civil servant of the standing body in charge of appraisal. The chairperson or vice chairperson(s) and secretary member of the appraisal council shall sign minutes of meetings of the appraisal council, made according to Form No. 09 provided in Appendix I to this Circular.

8. Members of an appraisal council and agencies whose opinions on a strategic environmental assessment report are collected shall take responsibility before the appraisal agency and law for their remarks and evaluations on such report.

9. Principles for an appraisal council to give appraisal results:

a/ Approving a strategic environmental assessment report without modification and supplementation: When all members of the appraisal council attending the meeting give approval of the report without modification and supplementation in their appraisal sheets;

b/ Disapproving a strategic environmental assessment report: When more than one-third of the council members attending the meeting give disapproval of the report in their appraisal sheets;

c/ Approving a strategic environmental assessment report with modification and supplementation required: In cases other than those specified at Points a and b of this Clause.

10. A standing body in charge of appraisal shall submit to the head of an appraisal agency that has decided on formation of a council for appraisal of a strategic environmental assessment report documents and reports on appraisal results under regulations.

Article 6.Working principles of councils for appraisal of environmental impact assessment reports

1. Councils for appraisal of environmental impact assessment reports (below referred to as appraisal councils) shall give advice to heads of appraisal agencies; and take responsibility before appraisal agencies and law for appraisal results.

2. Appraisal councils shall work on the principle of public discussion among their members and between them and project owners in the form of official meetings and symposiums as decided by the council chairpersons in case of necessity.

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

a/ It is attended in person or online by at least two-thirds of members of the appraisal council, including its chairperson or an authorized vice chairperson (below referred to as the meeting chairperson), secretary member and at least one critical member;

b/ It is attended by a competent representative of the project owner;

c/ A charge for appraisal of the environmental impact assessment report has been paid in accordance with law.

4. Absent members of an appraisal council may send their written remarks before an official meeting of the council is held which shall be considered opinions of members attending the official meeting but may not vote.

5. Attendees to meetings of an appraisal council shall be decided by the standing body in charge of appraisal in case of necessity. Attendees may raise their opinions at meetings of an appraisal council, are subject to chairing by meeting chairpersons and enjoy remunerations in accordance with law.

6. Collection of opinions of a provincial-level Department of Natural Resources and Environment of the locality directly related to environmental matters of a project but having no representative joining an appraisal council formed by a ministry or ministerial-level agency:

a/ The standing body in charge of appraisal shall send an environmental impact assessment report to the provincial-level Department of Natural Resources and Environment for opinion;

b/ The consulted provincial-level Department of Natural Resources and Environment shall send its written opinions as requested by the standing body in charge of appraisal within 5 working days after receiving a written request. Upon the expiration of such time limit, if the provincial-level Department of Natural Resources and Environment fails to send its written opinions, it shall be regarded as having approved the report and take responsibility for the contents related to its functions and tasks of state management of environmental protection in the locality which are put for opinion;

c/ Opinions of the provincial-level Department of Natural Resources and Environment shall be considered and discussed at meetings of the appraisal council.

7. The secretary member of an appraisal council must be a civil servant of the standing body in charge of appraisal. The chairperson or vice chairperson(s) and secretary member of the appraisal council shall sign minutes of meetings of the appraisal council, made according to Form No. 09 provided in Appendix I to this Circular.

8. Members of an appraisal council and agencies, organizations and experts whose opinions on an environmental impact assessment report are collected shall take responsibility before the appraisal agency and law for their remarks and assessments on such report and for the jobs assigned to them by the council chairperson in the course of appraisal; and may enjoy remunerations in accordance with law.

9. Principles for an appraisal council to give appraisal results:

a/ Approving an environmental impact assessment report without modification and supplementation: When all members of the appraisal council attending the meeting give approval without modification and supplementation in their appraisal sheets;

b/ Disapproving an environmental impact assessment report: When more than one-third of the council members attending the meeting give disapproval in their appraisal sheets;

c/ Approving an environmental impact assessment report with modification and supplementation required: In cases other than those specified at Points a and b of this Clause.

Article 7.Organization of appraisal of environmental impact assessment reports through collection of opinions of related agencies, organizations and experts

1. For a re-formulated environmental impact assessment report of a project:

a/ To collect opinions of agencies and organizations with their representatives having joined the council for appraisal of the project’s initial environmental impact assessment report. In case of necessity, to collect opinions of at most 4 other agencies and organizations related to the project;

b/ To collect opinions of experts having joined the council for appraisal of the project’s initial environmental impact assessment report. In case of necessity, to collect opinions of at most 3 other experts whose expertise is relevant to the project.

2. For projects located in industrial parks subject to appraisal of environmental impact assessment reports through collection of opinions of related agencies, organizations and experts:

a/ For a project falling within the competence of a ministry or ministerial-level agency to appraise environmental impact assessment reports, to collect opinions of at most 7 agencies, organizations and experts, including the provincial-level Department of Natural Resources and Environment, provincial-level industrial park management board, a number of related ministries and sectors, and organizations and experts whose expertise is relevant to the project;

b/ For a project falling within the competence of a provincial-level People’s Committee to appraise environmental impact assessment reports, to collect opinions of at most 7 agencies, organizations and experts, including the provincial-level Department of Natural Resources and Environment, provincial-level industrial park management board, district-level People’s Committee, a number of related departments, boards and sectors, and organizations and experts whose expertise is relevant to the project.

3. For a project applying state-of-the-art technical methods and the best environmental management experience:

a/ To collect opinions of at most 4 agencies and organizations related to the project;

b/ To collect opinions of at most 3 experts having expertise relevant to the project.

4. An appraisal agency or authorized standing body in charge of appraisal shall send a written request for opinion on an environmental impact assessment report to the agencies, organizations and experts specified in Clauses 1, 2 and 3 of this Article after obtaining a decision approving the list of to-be-consulted agencies, organizations and experts and after the project owner has paid a charge for appraisal of such report in accordance with law.

5. Within the time limit prescribed at Point a, Clause 4, Article 14 of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 5, Article 1 of Decree No. 40/2019/ND-CP, the consulted agencies, organizations and experts shall send their written opinions to the opinion-requesting agency. Upon the expiration of such time limit, if the consulted agencies, organizations and experts fail to give their written opinions, they shall be regarded as having approved the report and take responsibility for the contents related to their state management functions and tasks (if any) which are put for opinion.

6. Civil servants and leaders of standing agencies in charge of appraisal shall sign appraisal minutes, made according to Form No. 02d provided in Appendix I to this Circular.

7. The consulted agencies, organizations and experts shall take responsibility before appraisal agencies and law for their remarks and evaluations on environmental impact assessment reports and may enjoy remunerations in accordance with law.

8. Upon the expiration of the time limit for collection of opinions of related agencies, organizations and experts, a standing body in charge of appraisal shall summarize such opinions and propose appraisal results in appraisal minutes to be submitted to the head of the appraisal agency for consideration and decision. Appraisal results shall be given on the following principles:

a/ Approving an environmental impact assessment report without modification and supplementation: When all agencies, organizations and experts give feedback of approval without modification and supplementation;

b/ Disapproving an environmental impact assessment report: When more than one-third of agencies, organizations and experts give feedback of disapproval;

c/ Approving an environmental impact assessment report with modification and supplementation required: In cases other than those specified at Points a and b of this Clause.

Article 8.Responsibilities of a standing body in charge of appraisal of environmental impact assessment reports

1. To submit to the head of the appraisal agency:

a/ Decision on formation of a council for appraisal of an environmental impact assessment report and list of agencies, organizations and experts whose critical opinions are collected in case of necessity under Clause 3, Article 24 of the Law on Environmental Protection; and documents and reports on appraisal results under regulations;

b/ Decision on approval of the list of to-be-consulted agencies, organizations and experts in case of appraisal of an environmental impact assessment report through consultation and list of agencies, organizations and experts whose critical opinions are collected in case of necessity under Clause 3, Article 24 of the Law on Environmental Protection; and documents and reports on appraisal results under regulations.

2. To request the project owner to additionally provide documents and clarify related contents in case of necessity.

3. To form teams to carry out project site surveys in case of necessity; to make minutes of project site surveys according to Form No. 05 provided in Appendix I to this Circular.

4. In the course of appraisal, if finding a project not appropriate for further appraisal:

a/ In case the project owner violates the law on environmental protection, to make a minutes of administrative violation in environmental protection and hand it over to a person with sanctioning competence as specified by law;

b/ To propose the appraisal agency to return the dossier for appraisal of the environmental impact assessment report to the project owner in accordance with law; to guide the project owner in taking subsequent environmental protection steps in accordance with law.

5. To summarize results obtained from an appraisal council and results of appraisal through collection of opinions and critical opinions of agencies, organizations and experts in case of necessity, and report appraisal results to the head of the appraisal agency within 5 working days after the appraisal is completed. A report on appraisal results must propose one of the following options:

a/ The environmental impact assessment report is approved without modification and supplementation. In this case, the standing body in charge of appraisal shall enclose the report with a decision on approval of the project’s environmental impact assessment report under Clause 11, Article 14 of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 5, Article 1 of Decree No. 40/2019/ND-CP;

b/ The environmental impact assessment report is approved with modification and supplementation required, clearly stating reasons for the modification and supplementation. In this case, the standing body in charge of appraisal shall enclose the report with a notice of appraisal results, made according to Form No. 08 provided in Appendix I to this Circular, and send it to the project owner for modification and supplementation or explanation under Clause 10, Article 14 of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 5, Article 1 of Decree No. 40/2019/ND-CP;

c/ The environmental impact assessment report is disapproved, clearly stating reasons for the disapproval. In this case, the standing body in charge of appraisal shall enclose the report with a notice of appraisal results, made according to Form No. 08 provided in Appendix I to this Circular.

6. To review contents of an environmental impact assessment report after it is modified and supplemented or explained by a project owner in the case specified at Point b, Clause 5 of this Article, and make the following proposals:

a/ To return the dossier of request for approval of the environmental impact assessment report to the project owner if the latter fails to modify and supplement or explain it as requested;

b/ To propose the head of the appraisal agency to approve the environmental impact assessment report of the project in case the project owner has modified and supplemented or explained it as requested. In case the project owner has modified and supplemented or explained the report as requested, but some modified and supplemented or explained contents still fail to satisfy environmental protection requirements, the standing body in charge of appraisal shall propose the head of the appraisal agency to approve the report accompanied with additional environmental protection requirements and conditions and environmental protection facilities and measures in case of necessity. Once the report is approved, the project owner shall:

- Finalize the environmental impact assessment report, organize environmental protection and take responsibility therefor in accordance with law;

- Fully include contents and requirements of the decision on approval of the environmental impact assessment report in the investment project or construction investment project under Clause 1, Article 16 of Decree No. 18/2015/ND-CP which was amended and supplemented by Clause 7, Article 1 of Decree No. 40/2019/ND-CP.

7. To propose the head of the appraisal agency to issue a decision approving modifications of the environmental impact assessment report or to replace the decision on approval of the environmental impact assessment report in the case specified in Clause 5, Article 4 of this Circular.

8. To disclose information about the decision on approval of the environmental impact assessment report and the environmental impact assessment report with approved contents on the portal of the appraisal agency.

9. To estimate and pay expenses for appraisal activities.

Article 9.Environmental improvement and remediation in mineral mining

1. Instructions on environmental improvement and remediation in mineral mining are provided in Form No. 01 in Appendix II to this Circular.

2. The order and procedures for appraisal and approval of environmental improvement and remediation plans of the subjects specified at Point b, Clause 1 and Point b, Clause 2, Article 5 of Decree No. 19/2015/ND-CP, which was amended and supplemented by Clause 2, Article 2 of Decree No. 40/2019/ND-CP, must comply with the Ministry of Natural Resources and Environment’s Circular No. 38/2015/TT-BTNMT of June 30, 2015, on environmental improvement and remediation in mineral mining.

Article 10.Waste monitoring during trial operation of waste treatment facilities of projects and establishments; supervision responsibility of provincial-level specialized agencies in charge of environmental protection

1. Monitoring of a wastewater treatment facility:

The taking of wastewater samples for measurement, analysis and assessment of capacity of each treatment stage and for assessment of conformity of the whole wastewater treatment facility must conform to Vietnam standard TCVN 5999:1995 (ISO 5667-10:1992) on water quality - wastewater sampling and guidance on wastewater sampling. Combinatorial samples, and monitoring frequency and parameters in a waste monitoring plan provided in Section 7, Form No. 9 in Appendix VI, Section I of the Appendix to Decree No. 40/2019/ND-CP are specified as follows:

a/ Combinatorial samples: One combinatorial sample shall be taken in a given period of time which consists of 3 single samples taken at 3 different points of time of a day (morning, noon-afternoon, afternoon-evening) or at 3 different points of time (beginning, middle and end) of a production shift and mixed together;

b/ The duration for assessment during the adjustment of capacity of each treatment stage and efficiency of the wastewater treatment facility is at least 75 days from the date of commencement of trial operation. Monitoring frequency and parameters are specified as follows:

- Wastewater monitoring frequency is at least once every 15 days (measurement, taking and analysis of input and output combinatorial samples of each treatment stage);

- Monitoring parameters in each treatment stage are main pollution parameters previously used for calculation and engineering for each stage;

- Monitoring parameters of the wastewater treatment facility are total pollution parameters used for calculation and engineering for the whole facility.

In case of necessity, the project owner may additionally measure, take and analyze a number of single samples of treated wastewater from the wastewater treatment facility in this stage for assessment based on technical regulations on wastes and apply solutions to adjust or improve such facility;

c/ The duration for evaluation of efficiency during the stable operation of the wastewater treatment facility is at least 7 consecutive days after the period mentioned at Point b of this Clause. In case of aforce majeureevent that makes it impossible to consecutively carry out measurement, and take and analyze samples, measurement, and taking and analysis of samples shall be carried out on the following day. Monitoring frequency and parameters are specified as follows:

- Wastewater monitoring frequency is at least once a day (measurement, taking and analysis of 1 input single wastewater sample and at least 7 output single wastewater samples from the wastewater treatment facility for 7 consecutive days);

- Monitoring parameters must comply with technical regulations on wastes.

2. Monitoring of dust and exhaust gas treatment facilities and equipment:

Dust and exhaust gas measurement and sampling for analysis and evaluation of efficiency of each treatment facility or equipment under a waste monitoring plan provided in Section 7, Form No. 9 in Appendix VI, Section I of the Appendix to Decree No. 40/2019/ND-CP are specified as follows:

a/ A combinatorial sample shall be determined in either of the following cases:

- A combinatorial sample is taken by consecutive sampling method (isokinetic method and other methods under regulations on environmental monitoring techniques) for measurement and analysis of parameters under regulations;

- A combinatorial sample with determined value is an average value of 3 measurement results of on-site quick measuring devices (display measuring devices) under regulations at 3 different points of time of a day (morning, noon-afternoon, afternoon-evening) or at 3 different points of time (beginning, middle and end) of a production shift;

b/ The duration for evaluation of efficiency during the adjustment of capacity or efficiency of each dust and exhaust gas treatment facility or equipment is at least 75 days from the date of commencement of trial operation. Monitoring frequency and parameters are specified as follows:

- Dust and exhaust gas monitoring frequency is at least once every 15 days (measurement, taking and analysis of input combinatorial samples, if any, and output combinatorial samples);

- Monitoring parameters are main pollution parameters previously used for calculation and engineering for each dust and exhaust gas treatment facility or equipment;

c/ The duration for evaluation of efficiency during the stable operation of dust and exhaust gas treatment facilities or equipment is at least 7 consecutive days after the period mentioned at Point b of this Clause. In case of aforce majeureevent that makes it impossible to consecutively carry out measurement, and take and analyze samples, measurement, and taking and analysis of samples shall be carried out on the following day. Monitoring frequency and parameters are specified as follows:

- Dust and exhaust gas monitoring frequency is at least once a day (measurement, taking and analysis of single samples or taking of samples with consecutive sampling devices of the dust and exhaust gas treatment facility or equipment before the dust or exhaust gas is discharged into the environment);

- Monitoring parameters must comply with technical regulations on wastes.

3. Monitoring, identification and classification of solid wastes (including sludge) as hazardous wastes or normal industrial solid wastes must comply with regulations on management of hazardous wastes.

4. During trial operation, a project owner or an establishment owner shall summarize and assess waste monitoring data according to 3 tables provided in Section 2.1.4, Form No. 13 in Appendix VI, Section 1 of the Appendix to Decree No. 40/2019/ND-CP, then send them to the provincial-level specialized agency in charge of environmental protection together with sheets of waste sample analysis results. In case waste treatment facilities fail to satisfy environmental protection requirements, the project owner shall comply with Clause 5, Article 16b of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 9, Article 1 of Decree No. 40/2019/ND-CP and shall:

a/ Notify in writing the agency approving the environmental impact assessment report and provincial-level specialized agency in charge of environmental protection at least 30 days before the trial operation period expires, clearly stating the reason for failure of waste treatment facilities to satisfy environmental protection requirements and immediately implement a remediation plan;

b/ Make a plan on trial operation of waste treatment facilities for resumption of trial operation.

The order, procedures and duration for resumption of trial operation of waste treatment facilities are the same as those for initial trial operation.

5. For a project or an establishment that has notified its plan on trial operation of waste treatment facilities under regulations before the effective date of this Circular, its owner shall only carry out waste monitoring under Point c, Clause 1, Point c, Clause 2, and Clause 3, of this Article, unless the provincial-level specialized agency in charge of environmental protection has notified in writing results of inspection of trial operation of waste treatment facilities. Waste monitoring contents shall be notified to the provincial-level specialized agency in charge of environmental protection before implementation.

Waste monitoring results mentioned in this Clause shall be summarized into a table of results of assessment of conformity of the entire waste treatment system and a table of results of assessment of treatment efficiency of the waste treatment system through automatic and continuous waste monitoring data (in case installation is required) under Section 2.1.4 of Form No. 13 provided in Appendix VI, Section 1 of the Appendix to Decree No. 40/2019/ND-CP, and then sent to the provincial-level specialized agency in charge of environmental protection for use as a basis for notification of results of inspection of trial operation of waste treatment facilities under regulations.

Projects and establishments are encouraged to carry out waste monitoring under Points a and b, Clause 1; and Points a and b, Clause 2, of this Article.

6. Organizations providing environmental monitoring services shall take responsibility before law and owners of projects or establishments for results of waste monitoring during trial operation of waste treatment facilities of such projects or establishments.

7. Responsibilities of provincial-level specialized agencies in charge of environmental protection:

a/ To discharge the responsibilities prescribed in Clause 6, Article 16b of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 9, Article 1 of Decree No. 40/2019/ND-CP;

b/ To inspect completed waste treatment facilities under Point a, Clause 6, Article 16b of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 9, Article 1 of Decree No. 40/2019/ND-CP, as follows:

- To examine a dossier prescribed in Clause 2, Article 16b of Decree No. 18/2015/ND-CP, which was amended and supplemented by Clause 9, Article 1 of Decree No. 40/2019/ND-CP, which must comprise as-built drawings of waste treatment facilities as specified by the construction law and conformable with technological plans or base design plans of waste treatment facilities for which an environmental impact assessment report has been appraised and approved by the competent agency; and minutes of handover and pre-acceptance test of waste treatment facilities before they are put into use. For imported block-modular treatment facilities or completely built-up (CBU) treatment equipment, their certificates of origin or certificates of quality (CO/CQ) are required; dossiers of installation of automatic and continuous wastewater or exhaust gas monitoring systems and equipment enclosed with a CO/CQ of each imported equipment in accordance with law; and dossier of operation process of waste treatment facilities of the project or establishment;

- To assign their officers or civil servants to carry out physical inspection to see whether waste treatment facilities are completed or not. In case of necessity, to form an inspection team composed of a representative of the provincial-level specialized agency in charge of environmental protection and a representative of the environmental monitoring unit capable of measuring, and taking and analyzing reference samples during trial operation of waste treatment facilities. A decision assigning officers to carry out physical inspection or forming a team to inspect completed waste treatment facilities of a project or an establishment for trial operation shall be made according to Form No. 01 provided in Appendix III to this Circular. Minutes of inspection of completed waste treatment facilities of a project or an establishment for trial operation shall be made according to Form No. 02 provided in Appendix III to this Circular.

Provincial-level specialized agencies in charge of environmental protection may not request project owners to additionally provide documents or carry out inspection beyond the scope mentioned at this Point;

c/ Based on waste monitoring plans incorporated in plans on trial operation of waste treatment facilities of projects, to carry out unscheduled inspection at least once during the period of trial operation mentioned at Point c, Clause 1; Point c, Clause 2; Clauses 3 and 5, of this Article for carrying out measurement, and taking and analyzing waste samples (single samples) for comparison with waste monitoring results of projects or establishments, and make consideration and assessment under regulations. Monitoring parameters must comply with technical regulations on wastes;

d/ Based on notices of results of inspection of waste treatment facilities for trial operation by project owners, waste monitoring results sent by project owners, and results of measurement and analysis of reference waste samples, to notify in writing results of inspection of trial operation of waste treatment facilities and take responsibility before law for their inspection and evaluation results, which specifically conclude whether conditions for inspection and completion certification of environmental protection facilities are fully satisfied or not (clearly stating reasons for failure to fully satisfy conditions).

Notices of provincial-level specialized agencies in charge of environmental protection are not binding on project owners (project owners may accept them or make explanations about refusal to accept them) and may be regarded as independent opinions when agencies approving environmental impact assessment reports carry out inspection and completion certification of environmental protection facilities of projects;

dd/ Expenses for measurement, and taking and analysis of waste samples for comparison with monitoring results of projects shall be covered by local budgets’ expenditures for environmental non-business activities.

Article 11.Inspection and completion certification of environmental protection facilities of projects and establishments

1. The head of an agency appraising or approving the environmental impact assessment report of a project or an establishment or an authorized agency shall issue a decision to form an inspection team according to Form No. 03 provided in Appendix III to this Circular. An inspection team shall be composed of its head, a deputy head when necessary, members, experts, a representative of the environmental monitoring unit (if any), and a secretary.

The head of an inspection team shall take total responsibility for inspection of completed environmental protection facilities of a project or an establishment.

2. Written remarks and evaluations of members of an inspection team about the implementation of environmental protection facilities serving the operation of a project or an establishment shall be made according to Form No. 04 provided in Appendix III to this Circular.

3. A minutes of inspection of the implementation of environmental protection facilities serving the operation of a project or an establishment shall be made according to Form No. 05 provided in Appendix III to this Circular. The head or deputy head of an inspection team assigned or authorized by the former, secretary of the inspection team and a competent representative of the project or establishment owner shall sign every page of the inspection minutes or the project or establishment owner’s seal shall be appended on adjoining pages of the inspection record; their signatures, full names and titles shall be given on the last page of the inspection record on the date of completion of the inspection.

The inspection minutes shall be sent to the project or establishment owner; the provincial-level specialized agency in charge of environmental protection (if the project’s or establishment’s environmental impact assessment report is appraised or approved by a ministry or ministerial-level agency), and the heads of the agency having formed the inspection team and agency appraising or approving the environmental impact assessment report, and one copy thereof shall be kept by the inspection team.

4. Results of inspection of environmental protection facilities shall be clearly stated in the inspection minutes and assessed in one of the following cases:

a/ Monitoring of wastes and waste treatment facilities of a project or an establishment that is eligible for completion certification of environmental protection facilities is not required when the following environmental protection requirements are satisfied:

- A notice of results of inspection of trial operation of waste treatment facilities issued by the provincial-level specialized agency in charge of environmental protection states satisfaction of conditions for inspection and completion certification of environmental protection facilities (waste monitoring results obtained by the project or establishment owner and reference waste-monitoring results are in conformity with technical regulations on wastes);

- The project’s or establishment’s environmental protection facilities are compliant with or better than the technology plan or base design plan for which environmental impact assessment reports have been appraised and approved by a competent agency;

- The project or establishment owner’s dossier of the report on results of implementation of environmental protection facilities is complete and valid as prescribed;

b/ Despite satisfaction of conditions for completion certification of environmental protection facilities of a project or an establishment, an additional waste monitoring is required when:

- A notice of results of inspection of trial operation of waste treatment facilities issued by the provincial-level specialized agency in charge of environmental protection states non-satisfaction of conditions for inspection and completion certification of environmental protection facilities (reference waste monitoring results are not in conformity with technical regulations on wastes at the time of inspection and supervision of trial operation);

- The project’s or establishment’s environmental protection facilities are compliant with or better than the technology plan or base design plan for which environmental impact assessment reports have been appraised and approved by a competent agency;

- Survey and taking and analysis of waste samples of the project or establishment are additionally carried out. A minutes of sample taking by the environmental monitoring unit must bear signatures of a representative of the inspection team and of competent representatives of the project or establishment and waste monitoring unit;

- The project or establishment owner’s dossier of the report on results of implementation of environmental protection facilities needs to be modified and supplemented during the analysis of waste samples;

c/ No certification of completion of environmental protection facilities of a project or an establishment shall be given if the conditions prescribed at Point a or b of this Clause are not satisfied.

5. The monitoring of treated wastes by a team for inspection and completion certification of environmental protection facilities, and inspection and certification of satisfaction of environmental protection conditions for import of scraps for use as production materials shall be carried out at least once (simple sampling) for waste treatment facilities for which the project or establishment owner requests certification; waste monitoring is not required for waste treatment facilities inspected and certified by a competent agency. In case a project or an establishment has multiple dust or exhaust gas treatment facilities with similar typical pollution parameters or treatment technologies and equipment, the inspection team shall select 1 facility with the largest treatment capacity for monitoring and assessment of treatment efficiency for these similar facilities.

6. The head of an inspection team and an agency assigned to inspect the implementation of environmental protection facilities of a project or an establishment shall report inspection results to the agency approving the project’s or establishment’s environmental impact assessment report and shall:

a/ Propose the agency approving the project’s or establishment’s environmental impact assessment report to issue a certificate of completion of environmental protection facilities in case the dossier of the report on results of implementation of the project’s or establishment’s environmental protection facilities and the facilities themselves satisfy the conditions prescribed at Point a, Clause 4 of this Article. A certificate of completion of environmental protection facilities shall be issued within 15 days after the receipt of a complete and valid dossier prescribed in Clause 2, Article 28 of the Law on Environmental Protection;

b/ The agency assigned to inspect the implementation of environmental protection facilities of a project or an establishment shall issue a notice of inspection results within 5 days after completing the inspection at the project or establishment in case it is necessary to carry out additional survey and additional taking and analysis of waste samples, and of other contents specified at Point b, Clause 4 of this Article.

In case results of additional waste monitoring are in conformity with technical regulations on wastes and the dossier of the report on results of implementation of environmental protection facilities is complete and valid as prescribed, a certificate of completion of environmental protection facilities shall be issued within 30 days after the receipt of a complete and valid dossier prescribed in Clause 2, Article 28 of the Law on Environmental Protection. Otherwise, the agency assigned to inspect the implementation of the project’s or establishment’s environmental protection facilities shall send a notice of return of the dossier of the report on results of implementation of environmental protection facilities to the project or establishment owner, clearly stating the reason;

c/ The agency assigned to inspect the implementation of environmental protection facilities of a project or an establishment shall send to the project or establishment owner a notice of return of the dossier of the report on results of implementation of environmental protection facilities in case the conditions prescribed at Point a or b, Clause 4 of this Article are not satisfied. Such notice must clearly state inadequacies of the dossier, environmental protection facilities in need of remediation (if any), and responsibilities of the project or establishment owner as prescribed in Clause 5, Article 16b of Decree No. 18/2015/ND-CP, which was supplemented by Clause 9, Article 1 of Decree No. 40/2019/ND-CP;

d/ Certificates of completion of all environmental protection facilities of a project or an establishment shall be integrated into a certificate (if any) in case the project or establishment has obtained a certificate of completion of each independent environmental protection facility or a certificate of completion of environmental protection facilities in each period.

7. The head of an inspection team and the agency assigned to inspect the implementation of environmental protection facilities of a project or an establishment shall assign the officers and civil servants named in the decision forming the inspection team mentioned in Clause 1 of this Article to carry out a field inspection to see how the project or establishment owner has remediated problems of environmental protection facilities within 5 days after receiving the owner’s remediation report. An inspection minutes shall be made according to Form No. 06 provided in Appendix III to this Circular.

Article 12.Facilities for wastewater-related environmental incident prevention and response

1. Facilities for wastewater-related environmental incident prevention and response (below referred to as facilities for incident prevention and response) must be solid, water-proof and leakage-free up to relevant standards or technical regulations on construction designs or standards on product and goods quality.

In case a facility for incident prevention and response is a pond for incident response concurrently used as bioreactor, it shall be designed as the final stage of the wastewater treatment system. In addition to functions of prevention of and response to wastewater-related environmental incidents, a pond for incident response concurrently used as bioreactor must be capable of stabilizing and biologically treating pollution parameters of wastewater before it is discharged into the environment.

2. In case the owner of a project, an establishment or an industrial park opts to implement a facility for incident prevention and response according to the technical solutions mentioned in Clause 6, Article 37 of Decree No. 38/2015/ND-CP, which was supplemented by Clause 19, Article 3 of Decree No. 40/2019/ND-CP, such facility must satisfy the following technical requirements on environmental protection:

a/ Being capable of storing wastewater as suitable to capacity of the waste treatment system;

b/ Having a plan on environment incident prevention and response in the course of operation by the project, establishment or industrial park owner;

c/ A pond for incident response concurrently used as a bioreactor must have facilities and equipment for wastewater recovery, ensuring that no wastewater is discharged into the environment in case of incidents. For such pond, there must be measures to prevent pollution caused by unintentionally discharged wastewater during the operation of the pond;

d/ In case a project, an establishment or an industrial park has multiple wastewater treatment systems, they may be designed for shared use on the basis of appropriate designs and plans for incident prevention and response;

dd/ Ponds for incident response may not be shared with facilities for regulating, collecting or draining rainwater at the project, establishment or industrial park.

3. In addition to the technical solutions specified in Clause 6, Article 37 of Decree No. 38/2015/ND-CP, which was supplemented by Clause 19, Article 3 of Decree No. 40/2019/ND-CP, project, establishment or industrial park owners may, based on characteristics and discharge flow volume of their projects, establishments or industrial parks, propose to competent agencies other technical solutions to implement facilities for incident prevention and response which must meet technical requirements specified in Clause 1 of this Article and conform to their plans on environmental incident prevention and response.

Chapter III

ENVIRONMENTAL PROTECTION IN IMPORT OF SCRAPS FOR USE AS PRODUCTION MATERIALS

Article 13.Inspection and certification of satisfaction of environmental protection conditions for import of scraps for use as production materials for projects on trial operation of waste treatment facilities

1. The inspection and certification of satisfaction of environmental protection conditions for import of scraps for use as production materials for projects on trial operation of waste treatment facilities must comply with Clause 4, Article 56b of Decree No. 38/2015/ND-CP, which was supplemented by Clause 30, Article 3 of Decree No. 40/2019/ND-CP.

2. The monitoring of wastes during operation of waste treatment facilities of projects using imported scraps as production materials must comply with Clauses 1 thru 5, Article 10 of this Circular.

3. Forms of documents used for inspection and certification of satisfaction of environmental protection conditions for import of scraps for use as production materials are provided as follows:

a/ A decision assigning an officer to carry out a field inspection or forming a team to inspect environmental protection conditions for import of scraps for use as production materials for projects on trial operation of waste treatment facilities shall be made according to Form No. 02 provided in Appendix IV to this Circular;

b/ A minutes of inspection of environmental protection conditions for import of scraps for use as production materials for projects on trial operation of waste treatment facilities shall be made according to Form No. 03 provided in Appendix IV to this Circular.

Article 14.Inspection and certification of satisfaction of environmental protection conditions for import of scraps for use as production materials

1. The inspection and certification of satisfaction of environmental protection conditions for import of scraps for use as production materials must comply with Clause 3, Article 56b of Decree No. 38/2015/ND-CP, which was supplemented by Clause 30, Article 3 of Decree No. 40/2019/ND-CP.

2. The monitoring of wastes during inspection and certification of satisfaction of environmental protection conditions for import of scraps for use as production materials for projects on trial operation must comply with Clause 5, Article 11 of this Circular.

3. Forms of documents used for inspection and certification of satisfaction of environmental protection conditions for import of scraps for use as production materials are provided as follows:

a/ A decision forming a team to inspect environmental protection conditions for import of scraps for use as production materials shall be made according to Form No. 01 provided in Appendix IV to this Circular;

b/ Written remarks and evaluations by members of a team to inspect environmental protection conditions for import of scraps for use as production materials shall be made according to Form No. 04 provided in Appendix IV to this Circular;

c/ A minutes of inspection of environmental protection conditions for import of scraps for use as production materials shall be made according to Form No. 05 provided in Appendix IV to this Circular;

d/ A minutes of inspection of remediation of problems concerning environmental protection conditions for import of scraps for use as production materials shall be made according to Form No. 06 provided in Appendix IV to this Circular.

Article 15.Forms of documents used for assessment of capacity of organizations assessing conformity of imported scraps with environmental technical regulations

1. A decision forming a team to assess capacity of an organization assessing conformity of scraps imported for use as production materials with environmental technical regulations shall be made according to Form No. 07 provided in Appendix IV to this Circular.

2. Written remarks and evaluations by members of a team to assess capacity of an organization assessing conformity of scraps imported for use as production materials with environmental technical regulations shall be made according to Form No. 08 provided in Appendix IV to this Circular.

3. A minutes of assessment of capacity of an organization assessing conformity of scraps imported for use as production materials with environmental technical regulations shall be made according to Form No. 09 provided in Appendix IV to this Circular.

4. A decision certifying an organization assessing conformity of scraps imported for use as production materials with environmental technical regulations shall be made according to Form No. 10 provided in Appendix IV to this Circular.

Article 16.Assessment of actual capacity of organizations registering to participate in assessing conformity of scraps imported for use as production materials with technical regulations

1. The Ministry of Natural Resources and Environment shall appraise dossiers of organizations registering to participate in assessing conformity of scraps imported for use as production materials with technical regulations in accordance with Article 18d of Decree No. 132/2008/ND-CP, which was supplemented by Clause 8, Article 1 of Decree No. 74/2008/ND-CP.

2. Assessment and inspection of actual capacity at an organization:

a/ Within 10 working days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall decide to form an assessment team;

b/ Contents of assessment and inspection: An assessment team shall appraise a dossier of an organization registering to participate in assessing conformity of scraps imported for use as production materials with technical regulations. Contents of assessment and inspection include legal dossier of the registering organization; number and capacity of assessors; machinery and equipment used for the assessment of imported scraps; internal processes issued to serve the assessment of imported scraps; and the registering organization’s observance of law and internal processes in the registered fields of assessment, and the provisions of Articles 18a and 18b of Decree No. 132/2008/ND-CP, which were supplemented by Clause 8, Article 1 of Decree No. 74/2008/ND-CP;

c/ Within 10 working days after deciding to form an assessment team, the Ministry of Natural Resources and Environment shall organize field inspection and assessment activities;

d/ Results of dossier appraisal and assessment and inspection at an organization registering to participate in assessing conformity of scraps imported for use as production materials with technical regulations serve as a basis for the Ministry of Natural Resources and Environment to issue a decision designating an organization to participate in assessing conformity of scraps imported for use as production materials with environmental technical regulations.

Article 17.Certification of capacity of organizations assessing conformity of scraps imported for use as production materials with technical regulations

1. Based on results of dossier appraisal and assessment of actual capacity of an organization registering to participate in assessing conformity of scraps imported for use as production materials with technical regulations, the Ministry of Natural Resources and Environment shall consider and issue a decision certifying capacity of an organization assessing conformity of scraps imported for use as production materials with technical regulations.

2. In case a registering organization is ineligible for being certified to be capable of assessing conformity of scraps imported for use as production materials with technical regulations, the Ministry of Natural Resources and Environment shall issue a notice clearly stating the reason and send it to the registering organization under Article 18d of Decree No. 132/2008/ND-CP, which was supplemented by Clause 8, Article 1 of Decree No. 74/2008/ND-CP.

Chapter IV

ANNOUNCEMENT OF THE LIST OF ENVIRONMENT-FRIENDLY PRODUCTS AND SERVICES; CRITERIA FOR SELECTION AND APPRAISAL OF TECHNOLOGIES FOR TREATMENT OF DOMESTIC SOLID WASTES; CLOSURE OF DOMESTIC SOLID WASTE LANDFILLS

Section I

ANNOUNCEMENT OF THE LIST OF ENVIRONMENT-FRIENDLY PRODUCTS AND SERVICES

Article 18.Announcement of the list of environment-friendly products and services certified with “Vietnam Green Label”

The Vietnam Environment Administration shall post on its website the list of environment-friendly products and services certified with “Vietnam Green Label”.

Article 19.Mutual recognition of certification of environment-friendly products and services

The Ministry of Natural Resources and Environment shall sign agreements on mutual recognition of certification of environment-friendly products and services with domestic and foreign ecolabel certification organizations and publicize contents of these agreements.

Section II

CRITERIA FOR SELECTION AND APPRAISAL OF TECHNOLOGIES FOR TREATMENT OF DOMESTIC SOLID WASTES

Article 20.Criteria for selection, assessment and announcement of technologies for treatment of domestic solid wastes

1. Criteria for selection of technologies in domestic waste treatment facilities:

a/ Regarding technologies:

- Origin of machinery, equipment and technological lines; technological systems diagram, with priority given to technologies assessed and appraised by competent agencies up to environmental standards or technical regulations and suitable to Vietnam’s conditions;

- Level of mechanization and automation; possibility to expand or increase capacity;

- Level of advancedness or preeminence of technologies for treatment of domestic solid wastes: technologies on the list of technologies (encouraged for transfer, restricted or banned from transfer) in accordance with the law on technology transfer;

- Level of conformity of standards or technical regulations for manufacture of machinery, equipment and technological lines with national technical regulations or national standards of Vietnam or standards of G7 countries on energy safety and conservation and environmental protection;

- Capacity to treat domestic solid wastes with different properties;

- Uniformity of equipment in technological lines for treatment of component wastes; usability and substitutability of domestic parts and spare parts, and localization rate of technologies and equipment;

- Simplicity of operation of waste treatment technologies, and lifespan and durability of technologies and equipment;

- Possibility and level of combination of technologies concurrently used for treatment of domestic solid wastes: incineration, composting and burial;

b/ Regarding the environment and social affairs:

- Conformity with environmental standards and technical regulations, for exhaust gas emitted and wastewater generated during the treatment of domestic solid wastes;

- Land use efficiency, aesthetics and appearance of technological systems for treatment of domestic solid wastes;

- Possibility of using local or domestic and less-polluting materials and fuels;

- Level of preliminary processing of domestic solid wastes before they are treated;

- Level of recovery of valuable components from domestic solid wastes;

- Level of recovery of energy during the treatment of domestic solid wastes;

- Possibility of reusing domestic solid wastes or turning out useful products after the waste treatment;

- Level of impacts on the environment, ecosystems and humans during the operation of technologies for treatment of domestic solid wastes and products after the waste treatment;

- Level of risks to the environment and capacity to prevent and remediate technical incidents;

- Adaptability, conformity and wide applicability of technologies for treatment of domestic solid wastes with natural, economic and social conditions of regions and localities;

- Ability and level of training and engagement of local laborers in the construction and operation of technologies for treatment of domestic solid wastes;

c/ Regarding economic affairs:

- Criterion ensuring that treatment costs fall within payment capacity of localities or do not exceed treatment costs announced by competent agencies;

- Saleability of products from the recycling of domestic solid wastes;

- Potential and economic value brought about by the reuse of domestic solid wastes, and energy and useful products generated or created after the waste treatment;

- Market demand; applicable quality standards of products after the waste treatment;

- Conformity with objectives, requirements and objects of treatment of domestic solid wastes of investment projects;

- Reasonability of costs of construction and equipment installation; operation costs (unit of calculation: m³of treated wastes per ton); maintenance and repair costs.

2. Appraisal and assessment of technologies for treatment of domestic solid wastes:

a/ The Ministry of Natural Resources and Environment shall organize appraisal and assessment of technologies for treatment of domestic solid wastes encouraged for application in Vietnam in accordance with the law on science and technology and law on technology transfer;

b/ For projects on treatment of domestic solid wastes or projects with components on treatment of domestic solid wastes, state management agencies in charge of environmental protection or specialized agencies in charge of environmental protection shall appraise and assess technologies for treatment of domestic solid wastes in accordance with the provisions on appraisal of technologies of investment projects of the law on technology transfer and other relevant laws.

3. Announcement of technologies for treatment of domestic solid wastes:

a/ Technologies for treatment of domestic solid wastes that have been appraised and concluded as satisfying environmental protection requirements in accordance with the law on technology transfer, and for which the completion of environmental protection facilities of relevant projects has been certified in accordance with law, shall be included in a list;

b/ Agencies carrying out inspection and completion certification of environmental protection facilities shall, after issuing certificates of completion of environmental protection facilities for investment projects on treatment of domestic solid wastes, send reports on assessment of technologies for treatment of domestic solid wastes under such projects to the Ministry of Natural Resources and Environment;

c/ Based on results of completion certification of environmental protection facilities, the Ministry of Natural Resources and Environment shall issue and update a list of technologies for treatment of domestic solid wastes and publicize it on its website.

Section III

PROCESS OF CLOSING DOMESTIC SOLID WASTE LANDFILLS

Article 21.Process of closing domestic solid waste landfills

1. A hygienic domestic solid waste landfill shall be closed in the following cases:

a/ The volume of domestic solid wastes buried in the landfill reaches its maximum receiving capacity approved by a competent agency;

b/ The landfill owner is no longer able to operate the landfill and not allowed to transfer it to another;

c/ A competent state agency so requests.

2. At least 10 working days before the projected date of closing a domestic solid waste landfill, its owner shall notify the provincial-level specialized agency in charge of environmental protection of the time of closing the landfill for supervision.

3. Order of closing a domestic solid waste landfill:

a/ A domestic solid waste landfill must have a topsoil layer with a clay content or a coating of HDPE or similar material exceeding 30% of the layer thickness, ensuring standard moisture, which must be carefully compressed to attain a thickness of at least 60 cm. The slope from the bottom to the top of the landfill ascends from 3% to 5% to ensure water drainage and prevent erosion or subsidence, with the following activities carried out later:

- Creating a coating mainly composed of sand of a thickness of 50 cm-60 cm;

- Creating a soil coating of a thickness of 20 cm-30 cm;

- Planting grass and trees;

b/ For a domestic solid waste landfill with multiple cells, every cell shall be closed in the order specified at Point a of this Clause;

c/ Within 6 months after closing a domestic solid waste landfill, its owner shall send a report on status of the landfill to the agency that has approved the environmental impact assessment report. Such report must have the following contents:

- Operation status, efficiency and operation capacity of all facilities in the landfill, including the anti-permeation system; system for leachate collection and treatment; system for management of surface water and groundwater; system for exhaust gas collection; system for supervision of groundwater quality and other environmental protection facilities (if any) in accordance with current regulations;

- Results of monitoring of quality of wastewater, groundwater and exhaust gas discharged or emitted from the landfill into the environment;

- Remediation of the environment and improvement of landscapes in the landfill site and measures to control pollution in subsequent years;

- A topographical map of the landfill site after the landfill is closed;

- The closure of a domestic solid waste landfill shall be certified as completed when environmental components discharged from domestic solid waste burial activities into the environment conform to relevant environmental technical regulations;

d/ After a domestic solid waste landfill is closed, no humans and animals are allowed to freely enter and leave the landfill site, especially on the landfill top where gas builds up. There must be signboards and safety instructions in the landfill site.

Article 22.Reuse of domestic solid waste landfills

1. When formulating a master plan on use and designing of domestic solid waste landfills, it is required to take into account possibility to reuse ground areas of domestic solid waste landfills after these landfills are closed.

2. Before reusing a domestic solid waste landfill, its owner shall survey and assess relevant environmental elements to ensure their satisfaction of requirements.

3. Pending the reuse of a domestic solid waste landfill, its owner shall proceed with the treatment of leachate and exhaust gas under regulations.

4. After closing a domestic solid waste landfill, its owner shall:

a/ Monitor environmental changes at monitoring stations;

b/ Remake the topographical map of the landfill site;

c/ Adequately report on operation process of the landfill, and propose measures to actively control the environment in subsequent years.

5. A domestic solid waste landfill owner shall carry out procedures for transferring the landfill’s ground area to competent agencies and units for further management and use.

6. When reusing a domestic solid waste landfill, its owner shall strictly inspect drill holes for gas recovery. Ground leveling may be carried out only when pressure of gas drill holes becomes no longer different from the atmosphere pressure and gas concentration does not exceed 5%.

Chapter V

ENVIRONMENTAL QUALITY MANAGEMENT

Section 1

MONITORING, ASSESSMENT AND ANNOUNCEMENT OF QUALITY STATUS OF SURFACE WATER AND AIR ENVIRONMENTS

Article 23.Monitoring, assessment and announcement of quality status of continental surface water environment

1. Points for monitoring quality of water of rivers, lakes, canals and ditches must be representative to enable the assessment of water quality status and changes under Clause 1, Article 12 of Decree No. 19/2015/ND-CP, which was amended and supplemented by Clause 9, Article 2 of Decree No. 40/2019/ND-CP.

2. Results of monitoring quality of water environments in rivers, lakes, canals and ditches may be used to calculate water environment quality indicators for each monitoring point under technical instructions of the Vietnam Environment Administration.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for implementing the national environmental monitoring program for inter-provincial rivers and lakes.

4. Provincial-level People’s Committees shall assume the prime responsibility for implementing local environmental monitoring programs for rivers, lakes, ponds, canals and ditches in their localities, except the case specified in Clause 3 of this Article.

5. Water quality indicators shall be posted on portals of competent state management agencies specified in Clauses 3 and 4 of this Article.

Article 24.Monitoring, assessment and announcement of quality status of air environment

1. Air environment quality in urban centers of grade II or higher grade, populated residential areas, areas with industrial parks or craft villages, and areas with many exhaust gas sources or large exhaust gas volumes is subject to monitoring of parameters prescribed in technical regulations on air quality at representative monitoring points to serve the assessment of quality status and changes of the air environment.

2. Results of air environment monitoring may be used to calculate air quality indicators for areas specified in Clause 1 of this Article under technical instructions of the Vietnam Environment Administration.

3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for monitoring and assessing air quality status under the national environmental monitoring program.

4. Provincial-level People’s Committees shall assume the prime responsibility for monitoring and assessing air quality status for areas specified in Clause 1 of this Article in their localities under local monitoring programs.

5. Air quality indicators shall be posted on portals of competent state management agencies specified in Clauses 3 and 4 of this Article.

Section 2

SURVEY, ASSESSMENT AND WARNING OF ENVIRONMENTAL QUALITY; DETERMINATION OF EXTENT, SCOPE AND CAUSES OF POLLUTION; AND IMPROVEMENT AND REMEDIATION OF SOIL ENVIRONMENT

Article 25.Preliminary survey and assessment of pollution-prone areas

1. Preliminary survey and assessment aim to identify areas that are likely to be polluted by residual pollutants with their concentrations exceeding those stated in environmental technical regulations, as well as pollution causes and polluters.

2. Contents of preliminary survey and assessment:

a/ Summarizing and reviewing documents related to pollution-prone areas;

b/ Carrying out site surveys at pollution-prone areas;

c/ Taking and analyzing samples to identify residual pollutants and residual polluting sources and preliminarily assess extent of pollution;

d/ Making reports on preliminary survey and assessment results.

3. The process of preliminary survey and assessment of pollution-prone areas is provided in Form No. 01 in Appendix V to this Circular.

4. Based on preliminary survey and assessment results, the following activities shall be carried out:

a/ If detecting pollutants with their concentrations exceeding thresholds stated in environmental technical regulations, to disclose information and carry out detailed surveys and assessments under Article 26 of this Circular;

b/ If detecting no pollutants with their concentrations exceeding the thresholds stated in environmental technical regulations, to publicize pollution-free areas.

5. Responsibility to carry out preliminary survey and assessment:

a/ The Ministry of Natural Resources and Environment shall organize preliminary survey and assessment of areas specified in Clause 1, Article 14 of Decree No. 19/2015/ND-CP, which was amended and supplemented by Clause 11, Article 2 of Decree No. 40/2019/ND-CP, which are prone to inter-provincial pollution;

b/ Provincial-level People’s Committees shall organize preliminary survey and assessment of the areas specified in Clause 1, Article 14 of Decree No. 19/2015/ND-CP, which was amended and supplemented by Clause 11, Article 2 of Decree No. 40/2019/ND-CP, which are prone to intra-provincial pollution, except the case specified at Point a of this Clause.

Article 26.Detailed survey and assessment of polluted areas

1. Detailed survey and assessment of polluted areas aim to identify residual pollutants; residual polluting sources; and extent, scale and scope of pollution; and classify polluted areas.

2. Contents of detailed survey and assessment:

a/ Formulating detailed plans on field surveys;

b/ Carrying out detailed surveys and taking samples on the field; carrying out analysis and assessment to identify residual pollutants as well as extent, scale and scope of pollution;

c/ Drawing maps of polluted areas (pollutants, and extent and scope of pollution);

d/ Making reports on results of detailed survey and assessment of polluted areas.

3. The process of detailed survey and assessment of polluted areas is provided in Form No. 02 provided in Appendix V to this Circular.

4. Detailed survey and assessment results serve as a basis for identifying the responsibility to improve and remediate the environment in polluted areas and classify extents of pollution of polluted areas.

5. Responsibility to carry out detailed survey and assessment:

a/ The Ministry of Natural Resources and Environment shall, within the ambit of its responsibilities, organize detailed survey and assessment of areas in which preliminary survey and assessment have been organized with no polluters identified;

b/ Provincial-level People’s Committees shall, within the ambit of their responsibilities, organize detailed survey and assessment of areas in which preliminary survey and monitoring have been organized with no polluters identified;

c/ Organizations and individuals identified as polluters shall organize detailed survey and assessment of polluted areas under Clause 2 of this Article.

Article 27.Classification of polluted areas

1. Polluted areas shall be classified based on the following 3 extents of pollution:

a/ Environmental pollution or pollution caused by residual chemicals or pesticides at low extent, for areas with total weighted scores of the set criteria of under 50 points;

b/ Serious environmental pollution or pollution caused by residual chemicals or pesticides at average extent, for areas with total weighted scores of the set criteria of between 50 points and 75 points;

c/ Extremely serious environmental pollution or pollution caused by residual chemicals or pesticides at high extent, for areas with total weighted scores of the set criteria of over 75 points.

2. The scoring-based assessment shall be carried out according to Form No. 03 provided in Appendix V to this Circular.

Article 28.Principles of management of polluted areas

1. Results of classification of extents of pollution shall serve as a basis for environmental treatment, improvement and remediation in polluted areas of the soil environment without polluters identified, specifically as follows:

a/ To control polluted areas under Article 29 of this Circular, for areas with an extent of pollution specified at Point a, Clause 1, Article 27 of this Circular;

b/ To control polluted areas under Article 29 of this Circular, for areas with an extent of pollution specified at Point b, Clause 1, Article 27 of this Circular; to make and implement plans on environmental treatment, improvement and remediation of these areas under Article 30 of this Circular within the allocated state budget;

c/ To immediately carry out environmental treatment, improvement and remediation under Article 30 of this Circular, for areas with an extent of pollution specified at Point c, Clause 1, Article 27 of this Circular.

2. For polluted areas of the soil environment with polluters identified, polluters shall carry out environmental treatment, improvement and remediation under Article 30 of this Circular.

3. The environmental treatment, improvement and remediation must conform with land use master plans approved by competent authorities.

Article 29.Control of polluted areas

1. Contents of control of polluted areas of the soil environment:

a/ Making announcements and warnings about polluted areas, and reiterating such warnings;

b/ Restricting activities in polluted areas to prevent pollutants from spreading and directly impacting the environment and community health;

c/ Carrying out public communication to improve awareness of related organizations and individuals and community in the surroundings of polluted areas;

d/ Regularly monitoring environmental quality in polluted areas and their surroundings; disclosing information about environmental quality.

2. Provincial-level People’s Committees shall control polluted areas in their localities.

Article 30.Environmental treatment, improvement and remediation

1. Environmental treatment, improvement and remediation of polluted areas shall be based on environmental treatment, improvement and remediation plans.

2. Such a plan must include:

a/ General information about the polluted area;

b/ Results of survey and assessment of extent of pollution of the polluted area.

c/ Treatment method: on-the-spot treatment or treatment in treatment facilities under regulations;

d/ Technical and technological measures to reduce or remove residual pollutants in the polluted area; a comparison table of technical measures together with analyses for selection of the best measure;

dd/ Supervision and control during and after treatment;

e/ A roadmap and schedule for implementation of the pollution treatment plan.

Detailed contents of an environmental treatment, improvement and remediation plan are provided in Form No. 04 of Appendix V to this Circular.

3. Responsibility to formulate pollution treatment plans: Owners of projects on environmental treatment, improvement and remediation of polluted areas shall formulate pollution treatment plans, specifically as follows:

a/ For projects to be treated by the State: Project owners shall formulate and submit pollution treatment plans for approval in accordance with the Law on the State Budget. For a project funded by the central budget, the agency that has approved it shall send the project dossier to the Ministry of Natural Resources and Environment for opinion before approving the project;

b/ For projects to be treated by organizations or individuals: Organizations or individuals shall send their pollution treatment plans to the Ministry of Natural Resources and Environment or provincial-level People’s Committees under their responsibility to carry out preliminary survey and assessment specified in Clause 5, Article 25 of this Circular for inspection of implementation in accordance with law.

Article 31.Responsibilities of the Ministry of Natural Resources and Environment

1. To survey, assess, summarize and publicize the list of polluted areas under its responsibility; to develop, update and operate the system of information and data on polluted areas nationwide.

2. To develop and provide technical guidance on environmental improvement and remediation for each type of polluted areas.

3. To inspect the treatment, improvement and remediation of the soil environment in accordance with law.

Article 32.Responsibilities of provincial-level People’s Committees

1. To make and update the list of areas contaminated with chemicals during wartime; areas with industrial parks, or plants producing or warehouses storing chemicals and pesticides, waste landfills, or craft villages closed or relocated; areas where mining of toxic minerals has been terminated; and agricultural cultivation areas where large volumes of chemicals are used in their localities, and report it to the Ministry of Natural Resources and Environment.

2. Based on preliminary and detailed survey and assessment results, to update information about polluted areas to the information system and database on polluted areas of the Ministry of Natural Resources and Environment.

Article 33.Responsibilities of polluters

1. Organizations or individuals identified to be polluters shall conduct detailed survey and evaluation of polluted areas, formulate environmental treatment, improvement and remediation plans and submit them to the Ministry of Natural Resources and Environment or provincial-level People’s Committees for consideration, monitoring and supervision.

2. To carry out environmental treatment, improvement and remediation under plans specified in Clause 1 of this Article and report results to the Ministry of Natural Resources and Environment or provincial-level People’s Committees.

Chapter VI

MANAGEMENT OF ENVIRONMENTAL MONITORING SERVICES; REPORTING ON ENVIRONMENTAL PROTECTION WORK

Article 34.Registration of environmental testing operation

1. Registration of environmental testing operation under Clause 1, Article 4 of the Government’s Decree No. 107/2016/ND-CP of July 11, 2016, prescribing conditions for provision of conformity assessment services, must comply with the Government’s Decree No. 127/2014/ND-CP of December 31, 2014, prescribing conditions on environmental monitoring service providers.

2. An applicant for registration of environmental testing operation and certification of eligibility for provision of environmental monitoring services may choose to carry out administrative procedures for grant of a certificate of registration of environmental testing operation and certificate of eligibility for provision of environmental monitoring services under the Minister of Natural Resources and Environment’s regulations on the single-window system for administrative procedures.

Article 35.Responsibilities of environmental monitoring service providers after obtaining certificates

1. Environmental monitoring service providers shall make paper or electronic dossiers of their environmental monitoring services for archive and to serve inspection and examination work.

Dossiers of environmental monitoring services include a book for chemical monitoring; result notices; records of environmental monitoring equipment, a book or system for monitoring of laboratory sample transfer, and records of assurance and control of quality of environmental monitoring and data management in accordance with the Ministry of Natural Resources and Environment’s Circular No. 24/2017/TT-BTNMT of September 1, 2017, providing environmental monitoring techniques, liquidation minutes and other types of contracts with customers in accordance with the civil law, and other relevant documents.

2. Upon providing environmental monitoring services, in case a provider signs a service provision contract with a customer, such contract must bear the provider’s identification sign and state the contracting date. The identification sign must show an ordinal number which is arranged according to the contracting date in chronological order of a calendar year.

3. Monitoring results shall be notified to customers in the form of notices bearing the signature and seal of a competent person. A monitoring result notice must be made according to a set form, including the following information:

- Name of the monitoring service provider;

- Name of the notified customer;

- Number of the certificate of eligibility for provision of environmental monitoring services (Vimcerts);

- Date of issuance of the monitoring result notice;

- Identification sign of the notice: The sign must show an ordinal number that is arranged according to the date of issuing the notice in chronological order of a calendar year.  The provider may add other particularly signs to the identification sign of result notice for classification and internal management but must adhere to the numbering principle.

- Analysis results: parameters, applied methods, measurement results, technical regulations, standards or technical parameters used for reference (if any),

- In case of hiring another organization to monitor parameters beyond the provider’s certification capability, name of the monitoring unit must be stated together with its analysis notice.

The provider must have a book or system to manage monitoring result notices issued to customers, which must have at least the following information: identification signs of result notices (including their ordinal numbers); date of issuance and names of notified customers.

4. In case a provider carries out environmental monitoring to serve its research or internal management activities without signing contracts and issuing result notices to a second party, it/he/she is not required to comply with Clauses 1, 2 and 3 of this Article.

Article 36.Management of environmental monitoring services provided by secondary monitoring units

Environmental monitoring services provided by secondary monitoring units shall be managed under Article 35 of this Circular. Minutes of handover of samples shall be included in dossiers of the environmental monitoring service provider and secondary monitoring unit.

Article 37.Reports on environmental protection work

1.  Owners of projects and production, business or service establishments, except the subjects specified in Clause 2 of this Article shall:

a/ Make reports on environmental protection work according to the form provided in Appendix VI to this Circular;

b/ Archive documents related to their reports to serve checking by competent state agencies upon inspection and examination;

c/ Send annual reports on environmental protection work (a reporting period is counted from January 1 through December 31 of a calendar year) to management agencies before January 31 of the subsequent year. The first report shall be sent before January 31, 2021.

d/ Send reports to:

- Agencies that have approved and certified environmental impact assessment reports, environmental protection schemes, environmental protection plans or equivalent environmental dossiers of their projects or establishments;

- Provincial-level Departments of Natural Resources and Environment (of localities where their projects or establishments carry out production or business operations or provide services);

2. Owners of projects on construction and commercial operation of technical infrastructure facilities of industrial parks shall make reports in accordance with regulations on environmental protection of industrial parks.

Chapter VII

ORGANIZATION OF IMPLEMENTATION

Article 38.Transitional provisions

1. Dossiers received before the effective date of this Circular shall be processed in accordance with the law applied at the time of receipt unless applicants request the application of this Circular.

2. In case a mineral mining establishment that has its environmental impact assessment report approved or has its environmental protection plan certified but has not yet made an environmental improvement and remediation plan as part of such environmental impact assessment report or environmental protection plan, the state agency competent to approve environmental improvement and remediation plans shall consider and approve the plan at the request of the project or establishment owner under Point b, Clause 3, Article 7 of Decree No. 19/2015/ND-CP, which was amended and supplemented by Clause 4, Article 2 of Decree No. 40/2019/ND.

Article 39.Implementation responsibility

1. Ministries, ministerial-level agencies, government-attached agencies, and People’s Committee at all levels shall direct the implementation of this Circular.

2. Provincial-level Departments of Natural Resources and Environment shall assist provincial-level People’s Committees in implementing this Circular in their localities.

Article 40. Effect

1. This Circular takes effect on February 15, 2020.

2. This Circular annuls Point a, Clause 2 of Article 12, Clause 2 of Article 18, Clause 2 of Article 21, and Articles 25 and 26 of the Minister of Natural Resources and Environment’s Circular No. 31/2016/TT-BTNMT of October 14, 2016, on environmental protection of industrial clusters, business and service centers, craft villages and production, business and service establishments; and Appendix 3 to the Minister of Natural Resources and Environment’s Circular No. 38/2015/TT-BTNMT of June 30, 2015, guiding environmental improvement and remediation in mineral mining.

3. The Minister of Natural Resources and Environment’s Circular No. 26/2015/TT-BTNMT of May 28, 2015, providing detailed and simplified environmental protection schemes, Circular No. 27/2015/TT-BTNMT of May 29, 2015, on strategic environmental assessment, environmental impact assessment, and environmental protection plans, Circular No. 41/2015/TT-BTNMT of September 9, 2015, on environmental protection in the import of scraps for use as production materials, and Circular No. 30/2016/TT-BTNMT of October 12, 2016, on management, improvement and remediation of the environment in areas with soil pollution caused by residual pollutants, cease to be effective on the effective date of this Circular.

4. Previous provisions on regular reports (including reports on periodical environmental monitoring and supervision, automatic continuous monitoring, management of domestic solid wastes, normal industrial solid wastes, hazardous wastes and imported scraps, results of environmental monitoring and remediation in mineral mining) by production, business and service establishments must comply with this Circular from its effective date.

5. Reports on management of domestic solid wastes, normal industrial solid wastes, hazardous wastes and imported scraps specified in Section III of the Appendix to Decree No. 40/2019/ND-CP shall be incorporated in reports on environmental protection work specified in this Circular.

6. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Natural Resources and Environment for study, guidance and amendment and supplementation.-

For the Minister of Natural Resources and Environment
Deputy Minister
VO TUAN NHAN

 * The appendices to this Circular are not translated.