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

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Circular No. 25/2019/TT-BTNMT dated December 31, 2019 of the Ministry of Natural Resources and Environment 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
Issuing body: Ministry of Natural Resources and EnvironmentEffective date:
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Official number:25/2019/TT-BTNMTSigner:Vo Tuan Nhan
Type:CircularExpiry date:
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Issuing date:31/12/2019Effect status:
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Fields:Natural Resources - Environment

SUMMARY

Closed domestic solid waste landfills must have signboards and safety instructions on site

On December 31, 2019, the Ministry of Natural Resources and Environment promulgates the Circular No. 25/2019/TT-BTNMT 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.

This Circular stipulates the process of closing domestic solid waste landfills. Accordingly, 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.

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.

Within 06 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. After a domestic solid waste landfill is closed, no humans and animals are allowed to freely enter and leave the landfill site and there must be signboards and safety instructions in the landfill site. In case of reuse of domestic solid waste landfills, the requirements must be satisfied.

Other than the above mentioned, this Circular also regulates on the list of environment-friendly products and services. Accordingly, Vietnam Environment Administration shall post on its website the list of environment-friendly products and services certified with “Vietnam Green Label”.

This Circular takes effect on February 15, 2020.
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Effect status: Known
TTXVN

THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 25/2019/TT-BTNMT

 

Hanoi, December 31, 2019

 

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:

 

[1] Công Báo Nos 157-158 (31/01/2020)

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