Decision No. 35/2019/QD-TTg Regulation on interdisciplinary coordination in management of scrap import

DECISION

On the Regulation on interdisciplinary coordination in management of scrap import^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

Pursuant to the June 23, 2014 Customs Law;

Pursuant to the November 25, 2015 Maritime Code of Vietnam;

Pursuant to the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and providing measures to implement, the Customs Law regarding customs procedures and customs inspection, supervision and control;

Pursuant to the Government’s Decree No. 59/2018/ND-CP of April 20, 2018, amending and supplementing a number of articles of the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and providing measures to implement, the Customs Law regarding customs procedures and customs inspection, supervision and control;

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;

At the proposal of the Minister of Finance;

The Prime Minister promulgates the Decision on the Regulation on interdisciplinary coordination in management of scrap import.

Article 1.To promulgate together with this Decision the Regulation on interdisciplinary coordination in management of scrap import.

Article 2.This Decision takes effect on February 15, 2020.

Article 3.Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.

Prime Minister
NGUYEN XUAN PHUC

REGULATION ON INTERDISCIPLINARY COORDINATION IN MANAGEMENT OF SCRAP IMPORT

(Promulgated together with the Prime Minister’s Decision No. 35/2019/QD-TTg
of December 19, 2019)

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

This Regulation provides the principles, objectives, contents and modes of, and responsibilities in, coordination in the state management of import of scraps from foreign countries into Vietnam among the Ministries of Finance; Natural Resources and Environment; Transport; Public Security; National Defense; Industry and Trade; Foreign Affairs; and Science and Technology (below collectively referred to as ministries) and People’s Committees of provinces and centrally run cities (below referred to as People’s Committees).

Article 2.Principles of coordination

1. To ensure close and effective coordination; to assign specific responsibilities for coordination in management of scrap import to ministries and People’s Committees.

2. Coordination activities shall be conducted on the basis of the functions, tasks and powers of ministries and People’s Committees; comply with this Regulation and law; meet work requirements and ensure prompt settlement of arising issues; and contribute to improving the effect and effectiveness of management of import of scraps from foreign countries into Vietnam.

3. When an issue arises and falls into the management of an agency, such agency shall assume the prime responsibility for, and coordinate with other units, in settling such issue; when a case or matter falls into the management of more than one agency, the agency that receives the case or matter first shall assume the prime responsibility for the settlement of the case or matter.

Article 3.Contents of coordination

1. Coordination in grasping, exchanging and providing information and documents on legal provisions and new policies directly relating to the management of import of scraps for use as production materials in the fields under the management of concerned units.

2. Coordination in state management activities in the professional fields of concerned units in order to improve the effectiveness of management of scrap import.

3. Coordination in inspection and examination of scrap import when necessary.

4. Coordination in and exchange of information about modes and tricks applied by violators serving the verification, investigation, and handling of violations in scrap import (except information and documents banned from provision in accordance with regulations of the State and line ministries or sectors).

5. Coordination in prevention, deterrence, detection and handling of violations in scrap import.

Article 4.Modes and mechanisms of coordination

1. Depending on coordination contents, the coordination may be conducted by the following specific modes:

a/ Sending official letters or emails;

b/ Holding meetings to exchange or collect opinions;

c/ Exchanging opinions via telephone or fax;

d/ Updating and sharing information relating to scrap import via the Vietnam National Single Window and portals of ministries;

dd/ Forming working teams to settle interdisciplinary and urgent issues.

2. The selection of modes of coordination shall be agreed upon and decided by agencies, ministries and sectors of the same level in conformity with specific conditions in each locality or unit.

Chapter II

SPECIFIC PROVISIONS

Article 5.Exchange, sharing and update of information relating to import of scraps into Vietnam’s territory

1. Responsibilities of the Ministry of Natural Resources and Environment

To collect and upload to its portal and the Vietnam National Single Window:

a/ Information on state management policies on environmental protection in import and use of scraps as production materials;

b/ Information analyzing, evaluating and forecasting the import of scraps into Vietnam; risks regarding violation of law and risks of causing damage to the environment and affecting the life and well-being of residential communities.

2. Responsibilities of the Ministry of Finance: To upload to its portal and the Vietnam National Single Window information on customs regulations, procedures and processes for import of scraps from foreign countries into Vietnam.

3. Responsibilities of the Ministry of Industry and Trade:

To collect and upload to its portal and the Vietnam National Single Window:

a/ Information on state management mechanisms and policies on import of scraps from foreign countries into Vietnam;

b/ Information on the implementation of law and handling of violations of regulations on trading in goods and commercial services in the market related to imported scraps’

c/ Market research information, syntheses, analyses and information on policies and laws in the field of industry and trade and on traders at home and abroad which are related to imported scraps.

4. Responsibilities of the Ministry of Foreign Affairs: To timely upload to its portal and the Vietnam National Single Window information on change of policies on wastes and scraps of other countries in the world.

5. Responsibilities of ministries and People’s Committees: To provide information and documents relating to the state management of the import of scraps from foreign countries into Vietnam in the scope, fields and localities under their management.

6. Time limits for exchanging and providing information

a/ For regular and periodical information:

Ministries and People’s Committees shall provide and publicize regular and periodical information and documents once a quarter on the 5^thof the first month of the subsequent quarter via their portals and the Vietnam National Single Window and by sending texts or emails to related ministries and sectors.

b/ For at-request information

- Upon receiving a request for exchange or provision of information, the requested agency shall provide information within 5 working days after receiving the request. In case of refusal to provide information, the requested agency shall issue a notice clearly stating reason for the refusal within 5 working days after receiving the request.

- For urgent requests for exchange or provision of information serving the fight against and prevention of violations, the requested agencies shall provide information right on the day they receive such a request after obtaining approval from a competent person. In case of failure to provide information immediately, the requested agencies shall clearly state the reason and be held responsible for such reason.

Article 6.Coordination in deterring the import of unqualified wastes and scraps

1. Responsibilities of the Ministry of Natural Resources and Environment:

a/ To assume the prime responsibility for receiving and making public dossiers for grant, re-grant and revocation of certificates of satisfaction of conditions on environmental protection in import of scraps for use as production materials (below referred to as certificates) via the Vietnam National Single Window, including also information on the scope of workshops, technologies, treatment capacity, environmental impact assessment reports, assessment and examination results, etc., so as to facilitate coordinated supervision and inspection of state management agencies.

b/ To publicize on its portal and send to the Vietnam National Single Window:

- Information on organizations and individuals that are granted or re-granted certificates.

- Information on decisions on revocation of certificates and decisions on sanctioning of organizations and individuals having their certificates revoked, clearly stating the names of organizations and individuals, grounds and reasons for the revocation, and remedies.

c/ To coordinate with the Ministry of Finance in guiding organizations and individuals that import scraps for use as production materials to provide information on their certificates of deposit payment to the Vietnam National Single Window according to regulations.

2. Responsibilities of the Ministry of Finance:

a/ To assume the prime responsibility for, and coordinate with the Ministry of Transport in, providing shipping firms, agents of shipping firms, transport businesses and forwarding companies with guidance on declaration of information on the bills of lading of their goods shipments before these shipments arrive at ports and on customs policies on scrap import.

b/ To direct customs agencies to review declared information before scrap shipments arrive at ports and notify such to functional agencies under the Ministry of Transport for the latter not to permit the unloading of wastes and scraps unqualified for import to warehouses, storing yards or ports.

c/ To assume the prime responsibility for deployment of the Vietnam National Single Window for receipt of information on the grant, re-grant and revocation of certificates from the Ministry of Natural Resources and Environment; and for scrap importers to provide information on their certificates of deposit payment (copies scanned from originals and certified by e-signatures of importers).

d/ To share information on the volume and categories of scraps already imported with related units serving the state management of import of scraps for use as production materials.

3. Responsibilities of the Ministry of Transport:

a/ To coordinate with the Ministries of Finance; Natural Resources and Environment; and Industry and Trade to timely update and publicize the Prime Minister-decided list of scraps permitted for import and regulations on handling of transporters for vehicle owners, vehicle operators or persons authorized by vehicle owners to know and take the initiative in implementing their plans on transportation of goods from foreign countries.

b/ To coordinate with customs offices in recommending vehicle owners, vehicle operations or persons authorized by vehicle owners to transport to Vietnam only scrap shipments which are qualified for import and of which the importers undersigning the bills of lading are included in the list provided by the Ministry of Natural Resources and Environment.

c/ To direct warehousing and port service businesses not to permit the unloading of imported scrap shipments unqualified for import to ports as notified by customs offices under Point b, Clause 2 of this Article.

4. Responsibilities of the Ministry of Industry and Trade:

a/ To assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment and People’s Committees in, reviewing and evaluating the actual demand for scraps for use as production materials which will serve as a basis for determining the volume of scraps to be imported for use as production materials.

b/ To assume the prime responsibility for, and coordinate with People’s Committees in, reviewing and evaluating economic effects against environmental impacts so as to apply or propose measures of banning the import, suspending the temporary import for re-export, transit or transshipment of scraps into/via/in Vietnam’s territory in conformity with realities.

c/ To regularly exchange opinions with and contact overseas import-export management authorities in order to grasp their policies and legal provisions on management of export of scraps (categories, standards, technical regulations, etc.) in order to prevent the illegal import of scraps into Vietnam’s territory.

d/ To direct market surveillance agencies to coordinate with public security agencies and local administrations to enhance inspection and examination of illegal trading and use of scraps according to their competence.

5. Responsibilities of the Ministry of Foreign Affairs: To assume the prime responsibility for informing countries being regular exporters of scraps into Vietnam of Vietnam’s legal provisions applicable to imported scraps, violations of scrap importers and recommendations to their governments (if any).

6. Responsibilities of the Ministry of Science and Technology:

a/ To assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade, Ministry of Natural Resources and Environment and People’s Committees in, reviewing production technologies with the use of imported scraps as production materials so as to ensure satisfaction of technical regulations on environmental protection and conformity with Vietnam’s conditions.

b/ To assume the prime responsibility and coordinate with the Ministry of Industry and Trade, Ministry of Natural Resources and Environment and Ministry of Finance in, devising technical measures to prevent the import of scrap-recycling technology lines which are obsolete and unconformable with environmental protection regulations of Vietnam.

7. Responsibilities of the Ministry of Natural Defense: To direct the Vietnam Coast Guard and Border Guard forces to enhance patrol, control, and prevention of and fight against the illegal transport of wastes and scraps into Vietnam’s territory.

8. Responsibilities of the Ministry of Public Security:

a/ To direct units to organize the verification, investigation and institution of criminal cases against acts of illegally transporting wastes and scraps into Vietnam’s territory.

b/ To assume the prime responsibility for the coordination with the Interpol in order to work out solutions for fighting and preventing the abuse of import of scraps to bring into Vietnam wastes or scraps that do not meet environmental protection requirements.

c/ To share information relating to violations of law; operating rules, modes and tricks of violators; and key routes and localities concerning the import of scraps into Vietnam’s territory with the Ministry of Finance and Ministry of Natural Resources and Environment once a quarter on the 5^thof the first month of the subsequent quarter in the form of sending documents.

Article 7.Coordination in customs clearance for imported scraps

1. The Ministry of Finance shall direct customs offices to:

a/ Coordinate with the Ministry of Natural Resources and Environment to examine, supervise and monitor the validity of and import quotas under scrap import certificates of each organization or individual that imports scraps from foreign countries into Vietnam for use as production materials and share information on the volume of scraps already imported by these organizations and individuals via the Vietnam National Single Window for related units to monitor and inspect the implementation.

b/ Assume the prime responsibility for deploying the Vietnam National Single Window for receipt from the Ministry of Natural Resources and Environment information on grant of quality inspection exemption for imported scraps and for assessment bodies to provide information on records of quality inspection and assessment of imported scraps and certificates of quality assessment of imported scrap shipments (digitally signed e-documents or copies scanned from originals and certified by e-signatures of assessment bodies).

c/ Assume the prime responsibility for soliciting designated assessment bodies to conduct re-assessment of imported scrap shipments upon appearance of signs of violations of law in import of scraps or quality assessment of imported scrap shipments. The certificates of re-assessment of imported scrap shipments serves as the final legal ground for performance of customs procedures or handling of administrative violations in accordance with law.

d/ Investigate, verify and handle according to regulations when detecting signs of falsifying for modifying documents for import of scraps such as certificates of satisfaction of conditions on environmental protection, certificates of deposit payment, contracts, quality inspection results, or certificates of exemption from inspection.

dd/ Notify the Ministry of Natural Resources and Environment and Ministry of Public Security of signs of violation of law in quality inspection and assessment of imported scraps or use of imported scraps for improper purposes.

c/ Inform the Ministry of Natural Resources and Environment, Ministry of Transport and Ministry of Industry and Trade of difficulties and problems regarding mechanisms and policies on management of imported scraps and of shortcomings and limitations in the process of management of scrap import.

2. The Ministry of Natural Resources and Environment shall:

a/ Publicize on its portal and send to the Vietnam National Single Window:

- Information on organizations licensed to conduct conformity assessment certification, certification organizations already registered or accredited, and designated certification or assessment organizations to conduct assessment of conformity of imported scraps with environmental technical regulations.

- Information on certificates of quality inspection exemption for imported scraps of organizations and individuals importing scraps for use as production materials that are exempt from quality inspection of imported scraps.

b/ Coordinate with the Ministry of Finance in guiding assessment bodies to provide information on records of quality inspection and assessment of imported scraps and certificates of quality assessment of imported scrap shipments (digitally signed e-documents or copies scanned from originals and certified by e-signatures of assessment bodies) to the Vietnam National Single Window according to regulations.

c/ Form interdisciplinary inspection and examination teams to conduct unscheduled inspection of import of scraps, use of imported scraps and quality inspection and assessment of imported scrap shipments in accordance with law beyond annual inspection plans when detecting signs of violation of law or receiving information on violations provided by customs offices.

3. Responsibilities of People’s Committees:

a/ To grasp, direct and regulate inspection and supervision activities of functional forces in their localities in order to prevent, deter, fight, detect and handle acts of transporting or importing wastes and scraps unconformable with technical regulations into Vietnam.

b/ To direct local functional forces such as public security agencies, customs offices, provincial-level Natural Resources and Environment Departments, and market surveillance agencies, etc., to enhance the inspection and examination of craft villages and scrap-recycling establishments; to suspend and not permit the operation of polluting craft villages and scrap-recycling establishments; to deter the bringing of imported scraps to recycling and production establishments that fail to meet environmental protection conditions.

c/ To timely synthesize and report the situation and result of management of the import of scraps for use as production materials; to propose to the Prime Minister and related ministries and sectors specific measures to increase the effectiveness of management of import of scraps and use of imported scraps as production materials, management of enterprises engaged in import, trading and transportation of scraps, and the prevention of and fight against smuggling and illegal cross-border transportation of scraps.

d/ To make periodical reports on the import of scraps and use of imported scraps as production materials by organizations and individuals in their localities and send these reports to the Ministry of Natural Resources and Environment before March 1 of the subsequent year.

Article 8.Coordination in handling of scraps left at seaports

In case imported scrap shipments have been left at seaports for more than 90 days and past 60 days from the date customs offices make announcement thereof, if no one comes to receive them, such scrap shipments shall be handled according to current regulations, specifically as follows:

1. Responsibilities of the Ministry of Finance:

a/ To direct related customs offices to request the concerned shipping firms to transport polluting leftover scrap shipments out of Vietnam’s territory.

b/ Past 30 days after being informed by customs offices, if these shipping firms still fail to transport polluting leftover scrap shipments out of the Vietnam’s territory:

- Customs offices shall make a list of shipping firms failing to transport polluting leftover scrap shipments out of the Vietnam’s territory, which shall serve as basis for proposing the Ministry of Transport to apply coercive measures or administrative handling measures, or suspend the issuance of permits for entry into or departure from Vietnam’s seaports.

- To direct the formation of councils for handling of leftover goods at provincial-level Customs Departments of provinces and centrally run cities where exist leftover goods shipments, each being composed of representatives of the customs office, provincial-level Department of Natural Resources and Environment, Maritime Administration or provincial-level Department of Transport, Border Guard High Command, Department of Finance, Department of Public Security, and port enterprises, carriers/shipping firms, which shall take the prime responsibility for, and coordinate with designated assessment bodies in, conducting the inventory and classification of leftover goods into the following 3 types:

+ Radioactive wastes;

+ Wastes, hazardous wastes and scraps not meeting national technical regulations on environment;

+ Scraps on the list of those permitted for import and meeting national technical regulations on environment.

- The council for handling of leftover goods shall make a list of radioactive wastes and notify such to the Ministry of Science and Technology for the latter to assume the prime responsibility for, and coordinate with related agencies in, handling these goods according to regulations.

- The council for handling leftover goods shall hold auctions to sell scraps on the list of those permitted for import and meeting national technical regulations on environment to enterprises whose certificates of satisfaction of conditions on environmental protection in import of scraps for use as production materials remain valid according to regulations. The proceeds from auction of scrap shipments shall, after deducting relevant expenses, be remitted to the state budget according to regulations.

- The Ministry of Finance shall select capable units on the list provided by the Ministry of Natural Resources and Environment to destroy wastes, hazardous wastes and scraps not meeting national technical regulations on environment in accordance with law.

2. Responsibilities of the Ministry of Natural Resources and Environment:

a/ To coordinate with the Ministry of Finance so as to timely organize the handling of, and direct related units to handle leftover goods.

b/ To direct provincial-level Departments of Natural Resources and Environment to participate in the inventory, classification and identification of goods left at seaports as assigned by the chairpersons of the councils for handling of leftover goods and perform tasks of the natural resources and environment sector serving the handling of these goods.

c/ To provide the Ministry of Finance with information on capable enterprises for destroying polluting scrap shipments which cannot be re-exported.

3. Responsibilities of the Ministry of Transport:

a/ To direct Maritime Administrations or Departments of Transport of provinces and cities where exist leftover scraps to join the councils in handling of leftover goods and perform other tasks of the transport sector serving the handling of these goods.

b/ To study and propose coercive measures or handling measures or suspend the grant of permits for entry into or departure from Vietnam’s seaport to shipping firms that transport polluting goods shipments to Vietnam’s seaports and force them to transport these shipments out of Vietnam before granting them entry/departure permits.

c/ To direct warehousing and port businesses, shipping firms and shipping firms’ agents to present leftover goods to agencies under the councils for handling of leftover goods for inspection and verification according to regulations without collecting any expenses for opening these shipments for inspection and taking goods samples for assessment.

4. Responsibilities of the Ministry of Science and Technology:

To assume the prime responsibility for, and coordinate with related agencies in, handling radioactive wastes left at seaports which are forwarded by customs offices in accordance with law.

5. Responsibilities of the Ministry of Public Security:

To investigate, verify and handle cases in which organizations and individuals that undersign bills of lading of imported scraps or wastes but show signs of fleeing and failing to come to carry out customs procedures.

6. Responsibilities of People’s Committees:

To direct units attached to or under People’s Committees to join the councils in handling of leftover goods according to their functions and tasks so as to handle leftover scraps.

Article 9.Coordination in inspection and examination

1. Based on the actual situation, requirements and tasks and directions of superior authorities, the Ministry of Natural Resources and Environment shall, in coordination with the Ministry of Finance, formulate a plan on formation of interdisciplinary working teams to increase inspection and examination of scrap import. After receiving the request for coordination in formation of interdisciplinary working teams, the requested agencies shall give their opinions and promptly arrange forces and vehicles to join inspection and examination teams.

2. In case of conducting unscheduled examination or inspection or in other cases of necessity, authorities may contact by phone or other communication media to exchange opinions with and request related agencies to coordinate in patrol, inspection and control and send official requests to coordinating units later.

3. In the course of coordinated inspection and examination, if detecting a violation in the field under the management of an agency, such agency shall assume the prime responsibility for handling the violation. If the agency in charge of the case needs the support of the remaining agencies in terms of professional knowledge, forces or vehicle, these agencies shall coordinate with the former so as to ensure prompt handling of the violation in accordance with law.

4. The time period of mobilizing forces and vehicles shall be agreed upon and decided by related agencies. Inspection and examination results shall be processed under agreement of related agencies and at the same time reported to their superior authorities.

Article 10.Focal points for coordination, exchange and provision of information

1.  Central-level focal points for coordination, exchange and provision of information:

a/ Ministry of Finance: General Department of Customs.

b/ Ministry of Public Security: Office of the Investigation Police Agency (C01), Investigation Police Department for Corruption-, Economic Affairs- and Smuggling-Related Crimes (C03), and Police Department for Prevention and Combat of Environmental Crimes (C05).

c/ Ministry of National Defense: General Staff, Border Guard High Command (Department for Drug and Crime Prevention and Combat and the Border-Gate Department); Regional Coast Guard Commands, and Criminal Investigation Department.

d/ Ministry of Natural Resources and Environment: Vietnam Environment Administration; and Inspectorate.

dd/ Ministry of Industry and Trade: Agency of Foreign Trade, Vietnam Directorate of Market Surveillance, and Vietnam Industry Agency.

e/ Ministry of Transport: Vietnam Maritime Administration.

2. Local-level focal points for coordination, exchange and provision of information:

a/ Customs offices: Provincial-level Customs Departments (Anti-Smuggling and Violation Handling Divisions; and Professional Operations Divisions) and attached Customs Branches based in localities.

b/ Police offices: Environmental Police Divisions (PC05) of provincial-level Departments of Public Security.

c/ Military offices: Provincial-level Border Guard Commands (Drug and Crime Divisions and Staff Divisions).

d/ Environmental agencies: Provincial-level Departments of Natural Resources and Environment.

dd/ Other agencies, including provincial-level Departments of Industry and Trade, provincial-level Market Surveillance Departments and district-level market surveillance teams.

Chapter III

IMPLEMENTATION PROVISIONS

Article 11.Principles and organization of implementation

1. The Ministries of Finance; Natural Resources and Environment; Transport; Public Security; National Defense; Science and Technology; Industry and Trade; and Foreign Affairs, and People’s Committees shall organize the implementation of this Regulation.

2. Ministries and sectors shall take charge of the management, inspection and assessment of scraps imported for use as production materials according to their assigned functions and tasks; and at the same time, be held responsible before law for their inspection and assessment information and conclusions relating to these goods items in the course of coordination; strictly handle violations of regulations on management of scrap import and this Regulation; and promptly settle or report arising problems to competent authorities.

3. Ministries and People’s Committees should report in writing any difficulties and problems arising in the course of implementation of this Regulations as well as contents that need to be modified or supplemented to the Ministry of Finance for summing up and reporting to the Prime Minister.-

Prime Minister
NGUYEN XUAN PHUC