Decree No. 40/2019/ND-CP amending the decrees guiding the Law on Environmental Protection

  • Summary
  • Content
  • Status
  • Vietnamese
  • Download
Save

Please log in to use this function

Send link to email

Please log in to use this function

Error message
Font size:

ATTRIBUTE

Decree No. 40/2019/ND-CP dated May 13, 2019 of the Government on amending and supplementing a number of articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection
Issuing body: GovernmentEffective date:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Official number:40/2019/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Issuing date:13/05/2019Effect status:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Fields:Natural Resources - Environment

SUMMARY

Only one EIA report shall be made for an investment project

This content is promulgated in the Decree No. 40/2019/ND-CP dated May 13, 2019 of the Government on amending and supplementing to Decrees guiding the implementation of the Law on Environment Protection, which takes effect on July 01, 2019.

This Decree supplements the regulation on quantity and time to summit the EIA report in Article 14 of the Decree 18/2018/ND-CP. To be specific, the project owner shall submit the EIA report to the competent authority for assessment before the following points of time: before the competent authority carries out the assessment to issue or modify the license for mineral extraction for mineral extraction project; before the competent authority carries out the assessment and grants approval for the exploration plan, oil field development plan…

In additions, the Government also details the regulation on importing the waste and scraps out of the List of permitted to import

Scraps for testing as production materials in the Decree No. 38/2015/ND-CP. Accordingly, the imported scrap for testing as production materials may not be mixed with the following impurities: flammable chemicals or substances, explosive substances, hazardous biomedical waste, radioactive substances exceeding the permit limits.
For more details, click here.
Download files here.
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
Effect status: Known

THEGOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 40/2019/ND-CP

 

Hanoi, May 13, 2019

 

DECREE

Amending and supplementing a number of articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection[1]

 

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

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

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates the Decree amending and supplementing a number of articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection.

 

Article 1.To amend and supplement a number of articles of the Government’s Decree No. 18/2015/ND-CP of February 14, 2015, prescribing environmental protection master plan, strategic environmental assessment, environmental impact assessment and environmental protection plan (below referred to as Decree No. 18/2015/ND-CP)

1. To add the following Article 2a:

“Article 2a. Interpretation of terms

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

1. Main works or items of a project means main production lines or main construction investment items of an investment project which are mentioned in the feasibility study report, techno-economic report or dossier of such project.

2. Industrial park referred to in this Decree means a common name for industrial parks, export processing zones, support industry parks, eco-industrial parks, industrial-urban-service parks, hi-tech parks, and industrial complexes.”

2. To amend and supplement Article 8 as follows:

“Article 8. Strategic environmental assessment

1. Objects of strategic environmental assessment are provided in Appendix I, Section 1 of the Appendix to this Decree.

2. Agencies formulating strategies or master plans or agencies assigned to formulate strategies or master plans (below collectively referred to as agencies formulating strategies and master plans) for the objects referred to in Clause 1 of this Article shall carry out strategic environmental assessment and send dossiers of request for appraisal of strategic environmental assessment reports to agencies responsible for appraisal defined in Clause 1,
Article 16 of the Law on Environmental Protection. A dossier of request for appraisal of a strategic environmental assessment report shall be submitted directly or sent by post or an electronic file thereof shall be sent via the online public service system to the agency appraising strategic environmental assessment reports. Such dossier must comprise:

a/ One written request for appraisal of a strategic environmental assessment report, made according to Form No. 01 provided in Appendix V, Section I of the Appendix to this Decree;

b/ Nine copies of the report having the contents specified in Article 15 of the Law on Environmental Protection and the contents specified in Clause 5, Article 10 of this Decree;

c/ Nine copies of the draft strategy or master plan.

In case the appraisal council has more than 9 members, the agency formulating the strategy or master plan shall provide additional copies of the strategic environmental assessment report and draft strategy or master plan at the request of the appraisal-organizing agency.

3. Agencies formulating strategies or master plans shall take responsibility before law for results of the strategic environmental assessment as well as information and data in strategic environmental assessment reports.”

3. To amend Clause 4 of, and add Clauses 5, 6 ,7 and 8 to, Article 10 as follows:

“4. Agencies appraising strategic environmental assessment reports shall organize appraisal of a strategic environmental assessment report within 25 working days after receiving a complete and valid dossier.

5. Contents of appraisal of a strategic environmental assessment report:

a/ Legal bases for the formulation of the strategy or master plan and for the strategic environmental assessment;

b/ Methods used for the strategic environmental assessment (including methods and how to apply them);

c/ Viewpoints, objectives, policies and solutions on environmental protection related to the strategy or master plan as mentioned in the report;

d/ Main environmental issues forecasted or identified upon the implementation of the strategy or master plan;

dd/ Evaluations and forecasts of positive and negative trends of main environmental issues;

e/ Evaluations and forecasts of trends of climate change impacts on the implementation of the strategy or master plan;

g/ Solutions proposed for maintaining positive trends and preventing and minimizing negative trends of main environmental issues;

h/ Viewpoints, objectives, tasks and solutions of the strategy or master plan which are proposed for the supplementation or modification; environmental issues already identified but not yet adjusted in the strategy or master plan;

i/ Issues to be further studied and analyzed in the course of implementation of the strategy or master plan.

6. Within 7 working days from the date of a meeting of the council appraising the strategic environmental assessment report of a strategy or master plan, the report-appraising agency shall send a notice of appraisal results to the agency formulating such strategy or master plan. The strategic environmental assessment report of a master plan shall be concurrently sent to the standing body of the master plan appraisal council.

7. After studying, assimilating or explaining opinions of the appraisal council, the agency formulating a strategy or master plan shall complete a strategic environmental assessment report and send a report dossier to the report-appraising agency. Such dossier must comprise:

a/ One document explaining the assimilation of opinions of the appraisal council, made according to Form No. 02 provided in Appendix V, Section I of the Appendix to this Decree;

b/ The report bound into a hardcover book or one “.doc” file containing the report contents, and one “.pdf” file containing the scanned report contents (including its appendix(ces)); and 1 paper copy of the draft strategy or master plan or 1 electronic file of the finalized strategy or master plan.

8. Within 10 working days after receiving the finalized strategic environmental assessment report, the report-appraising agency shall send a report on appraisal results, made according to Form No. 03 provided in Appendix V, Section I of the Appendix to this Decree, to the agency defined in Clause 2, Article 17 of the Law on Environmental Protection and the agency formulating the strategy or master plan. The strategic environmental assessment report of a master plan shall be sent to the standing body of the master plan appraisal council for inclusion in the master plan appraisal report.”

4. To add Clause 2a to, and amend Clauses 4, 5 and 6 of, Article 12 as follows:

a/ To add the following Clause 2a:

“2a. Principal contents of an environmental impact assessment report are prescribed in Article 22 of the Law on Environmental Protection. Some contents are specified as follows:

a/ Waste treatment measures: It is required to assess solutions and select technological options for waste treatment that meet environmental protection requirements. For a construction investment project having waste treatment facilities subject to environmental appraisal, there must be explanations and a base design (for a project involving different steps of designing) or a working drawing design (for a project requiring one-step designing only) of waste treatment facilities or their items in accordance with the construction law and a plan on environmental incident prevention and response in the course of construction, trial operation and operation of the project;

b/ The environmental management and surveillance program performed at the stage of project construction; a tentative program on environmental management and monitoring in the course of trial operation and operation of the project;

c/ Plans on implementation of environmental protection measures, including:

- A plan on collection, management and treatment of wastes generated in the course of project construction (solid wastes, emissions, hazardous wastes, household garbage, household wastewater, and other liquid wastes such as chemical wastes, pipeline cleaning chemicals, etc.) which meets the environmental protection requirements;

- A plan on construction and installation of environmental protection facilities, waste treatment equipment, and automatic continuous wastewater and emission monitoring equipment as required under regulations; a plan on implementation of other environmental protection measures in the course of project operation;

d/ For a project undergoing scale expansion or capacity increase or renewal of technologies of existing facilities or industrial parks, the report must additionally have evaluations of operation and environmental protection work of such facilities and industrial parks; and overview assessment of environmental impacts of such facilities and industrial parks and of the project;

dd/ For an investment project on construction of an industrial park or an industrial production project likely to cause environmental pollution as mentioned in Appendix IIa, Section I of the Appendix to this Decree, the report must have a plan on environmental incident prevention and response for emissions; and a plan on environmental incident prevention and response for wastewater under Decree No. 38/2015/ND-CP;

e/ For a mineral exploitation project, the report must have an environmental restoration and rehabilitation plan as prescribed in Article 6 of Decree No. 19/2015/ND-CP; for a project on exploitation of sand, gravel and other minerals in rivers, streams, canals, reservoirs, estuaries and coastal areas, the report must have assessment of impacts on river beds and banks in accordance with the law on water resources.

The format and contents of an environmental impact assessment report are provided in Form No. 04 provided in Appendix VI, Section I of the Appendix to this Decree. The Ministry of Natural Resources and Environment shall prescribe the format and specific contents of this report and provide technical guidance suitable to projects of different types in different sectors.”

b/ To amend Clauses 4, 5 and 6 as follows:

“4. During the environmental impact assessment, project owners shall consult People’s Committees of project-covered communes, wards or townships (below collectively referred to as commune-level People’s Committees) and organizations and communities directly affected by projects’ environmental issues (wastewater, emissions, dust, solid wastes, hazardous wastes, subsidence, landslides, soil deposit, noise and biodiversity); and study, assimilate and explain opinions of consulted entities in order to minimize the projects’ adverse impacts on environmental quality and biodiversity.

For projects on construction of transport infrastructure, telecommunications infrastructure, and inter-provincial or inter-district power lines, their owners shall consult only People’s Committees of provinces and centrally run cities (below collectively referred to as provincial-level People’s Committees) if a project is located in two or more provinces, or consult People’s Committees of districts, towns, provincial cities or municipal cities (below collectively referred to as district-level People’s Committees) if a project is located in two or more districts.

For projects located in maritime zones or the continental shelf for which it is impossible to identify the administrative management responsibility of commune-level People’s Committees, their owners shall consult only provincial-level People’s Committees of the localities where wastes are received on the shore of the projects.

For projects on dumping of wastes or substances dredged at sea; projects mentioned at Point dd, Clause 2a of this Article with a total volume of wastewater of at least 10,000 m3/daydischarged directly into inter-provincial rivers or rivers located in adjacent areas of provinces, or discharged directly into coastal marine areas, their owners shall consult also provincial-level People’s Committees of adjacent localities having such rivers or coastal marine areas for coordinated solution of environmental protection issues.

5. The consultation with People’s Committees at different levels mentioned in Clause 4 of this Article and project-affected organizations shall be carried out as follows:

a/ Project owners shall send their projects’ environmental impact assessment reports, together with written requests for opinion, made according to Form No. 01 provided in Appendix VI, Section I of the Appendix to this Decree, to People’s Committees at relevant levels and project-affected organizations;

b/ Within 15 working days after receiving written requests from project owners, People’s Committees at relevant levels and project-affected organizations shall give written replies, made according to Form No. 02 provided in Appendix VI, Section I of the Appendix to this Decree, or may give no reply if approving the implementation of the projects.

6. The consultation with residential communities directly affected by projects’ environmental issues shall be carried out in the form of a meeting of residential communities jointly held by the project owner and commune-level People’s Committee of the project-covered locality with the participation of representatives of the commune-level Fatherland Front Committee, socio-political organizations, socio-professional organizations, population groups, villages or hamlets. Opinions of the participants in the meeting shall be fully and truthfully recorded in the meeting minutes, made according to Form No. 03 provided in Appendix VI, Section I of the Appendix to this Decree.”

5. To amend and supplement Article 14 as follows:

“Article 14. Formulation, appraisal and approval of environmental impact assessment reports

1. For an investment project, only one environmental impact assessment report shall be made.

2. A project owner shall submit to a competent state agency for appraisal an environmental impact assessment report before:

a/ The competent agency appraises the project for grant or modification of a mining license, for mineral exploitation projects;

b/ The competent agency appraises and approves the mineral exploration plan or mine development plan, for oil and gas exploration and exploitation projects;

c/ The competent agency appraises the feasibility study report, techno-economic report or base design or working drawing design (for projects requiring one-step designing only), for construction investment projects.

For a project having its environmental impact assessment report and base design or working drawing design appraised by the same agency, the documents mentioned above shall simultaneously be submitted for appraisal under regulations;

d/ Before a project investment decision is issued, for other projects not specified at Points a, b and c of this Clause.

3. The competence to appraise environmental impact assessment reports is prescribed as follows:

a/ The Ministry of Natural Resources and Environment shall appraise and approve environmental impact assessment reports of the projects specified in Appendix III, Section I of the Appendix to this Decree, except projects classified as state secrets in terms of national defense and security;

b/ Ministries and ministerial-level agencies shall appraise and approve environmental impact assessment reports of projects falling within their investment approval-deciding competence, except the projects specified in Appendix III, Section I of the Appendix to this Decree.

In case a ministry or ministerial-level agency has no specialized agency in charge of environment to appraise environmental impact assessment reports, it shall send a written request, together with the project owner’s environmental impact assessment report dossier, to the Ministry of Natural Resources and Environment or provincial-level People’s Committee of the project-covered locality for opinion before considering and approving the report. Within 15 working days after receiving the request together with the dossier from the ministry or ministerial-level agency, the Ministry of Natural Resources and Environment or provincial-level People’s Committee shall send a written reply on environmental protection contents and requirements mentioned in the Appendix in Form No. 06 provided in Appendix VI, Section I of the Appendix to this Decree, to the ministry or ministerial-level agency for use as a basis for consideration and approval of the report;

c/ The Ministry of National Defense and Ministry of Public Security shall appraise and approve environmental impact assessment reports of projects classified as state secrets in terms of national defense and security and projects falling within their investment approval-deciding competence, except the projects specified in Appendix III, Section I of the Appendix to this Decree;

d/ Provincial-level People’s Committees shall appraise and approve environmental impact assessment reports of investment projects in their localities, except the projects mentioned at Points a, b and c of this Clause.

4. The appraisal of environmental impact assessment reports must comply with Clause 1, Article 24 of the Law on Environmental Protection and is specified as follows:

a/ The appraisal based on consultation with related agencies and organizations (below referred to as consultation-based appraisal) shall be decided by heads of agencies assigned the appraisal task (below referred to as appraisal agencies). When necessary, appraisal agencies may consult experts in environment and project-related issues. Consulted agencies, organizations and experts shall give their written replies within 7 working days after receiving a written request for opinion together with the project’s environmental impact assessment report dossier. Projects subject to consultation-based appraisal include:

- Investment projects in industrial parks for which environmental impact assessment reports have been approved or environment-related equivalent procedures have been completed, wastewater treatment infrastructure facilities have been completed and completion of environmental protection facilities has been certified in accordance with law in the sectors eligible for investment attraction in industrial parks, except the projects subject to the formulation of environmental impact assessment reports mentioned in Appendix IIa, Section I of the Appendix to this Decree;

- Projects subject to the re-formulation of environmental impact assessment reports mentioned in Article 15 of this Decree;

- Projects applying state-of-the-art techniques and the best environment management experience as prescribed by the Minister of Natural Resources and Environment.

b/ For projects other than those specified at Point a of this Clause, their environmental impact assessment reports shall be appraised by an appraisal council formed by the head of the appraisal agency and composed of at least 7 members.

5. Members of an appraisal council or consulted agencies, organizations and experts shall consider contents of an environmental impact assessment report as prescribed in Article 22 of the Law on Environmental Protection and Clause 2a, Article 12 of this Decree, and give their written opinions for use as a basis for the appraisal agency to consider and decide on the approval of the report, and take responsibility for their opinions.

6. Specialized agencies in charge of environmental protection of ministries, ministerial-level agencies and provincial-level People’s Committees shall act as the standing bodies in appraising environmental impact assessment reports, having the following responsibilities:

a/ To consider the completeness of contents of an environmental impact assessment report;

b/ In case of necessity, for serving the report appraisal by the council and submission of the report for approval, to carry out the following activities:

- Carrying out field inspection and survey in the project-covered area;

- Consulting related organizations and experts;

- Holding experts’ meetings.

c/ To summarize results of the appraisal by the appraisal council or opinions of consulted agencies, organizations and experts in order to submit an environmental impact assessment report to the head of the appraisal agency for consideration and approval;

d/ Expenses for the appraisal activities mentioned at Point b of this Clause shall be covered by funds for appraisal of environmental impact assessment reports. For complicated projects with great environmental impacts that require the hiring of international consultants, the Minister of Natural Resources and Environment shall decide to hire experts in accordance with law. Expenses for hiring international experts must comply with current regulations.

7. Contents of appraisal of an environmental impact assessment report

a/ Conformity of the project with the strategy and master plan (if any), and the laws on environmental protection, nature conservation, and biodiversity;

b/ Rationality of environmental impact assessment methods used;

c/ Rationality of evaluations of the selection of production technologies, items and activities of the project which are likely to adversely impact the environment;

d/ Results of analysis and summarization of data on actual environmental and socio-economic conditions in the project-covered area and the rationality of the location selected for project implementation;

dd/ Evaluations and forecasts of waste sources, generation, scale and danger of wastewater, emissions, ordinary industrial solid wastes, hazardous wastes and other wastes; impacts of wastes and other impacts of the project on the environment and community well-being; evaluations and forecasts of environmental risks and incidents caused by wastes;

e/ Requirements, regulations, technical regulations and standards on environment applicable to the project;

g/ Rationality of environmental protection solutions, including plans on waste collection and management; wastewater treatment measures and technologies; dust and emission reduction and treatment measures and technologies; plans on storage, management and treatment of hazardous wastes; plans on storage, management and treatment of ordinary industrial solid wastes; plans on management and measures and technologies for treatment of other wastes; environmental rehabilitation and restoration plans (if any); other measures to mitigate the project’s adverse impacts on the environment; and plans on preventing and responding to environmental incidents caused by the project’s wastes;

h/ Rationality of environmental management and surveillance programs;

i/ Environmental protection commitments of the project owner.

8. A project owner shall directly submit a dossier of request for appraisal of an environmental impact assessment report or send it by post or send an electronic file thereof via the online public service system to the agency competent to appraise environmental impact assessment reports defined in Clause 3 of this Article. Such dossier must comprise:

a/ One written request for appraisal of an environmental impact assessment report, made according to Form No. 05 provided in Appendix VI, Section I of the Appendix to this Decree;

b/ One feasibility study report or techno-economic report of the investment project or an equivalent document;

c/ Seven copies of the report.

In case the appraisal council has more than 7 members, the project owner shall provide additional copies of the report.

9. The time limit for appraisal of an environmental impact assessment report is:

a/ Thirty working days from the date of receipt of a complete and valid dossier, in case of appraisal by the appraisal council under the Ministry of Natural Resources and Environment; or 45 working days from the date of receipt of a complete and valid dossier, for industrial production projects likely to cause environmental pollution mentioned in Appendix IIa, Section I of the Appendix to this Decree;

b/ Twenty-five working days from the date of receipt of a complete and valid dossier, in case of appraisal by the appraisal council of a ministry, ministerial-level agency or provincial-level People’s Committee; or 30 working days from the date of receipt of a complete and valid dossier, for industrial production projects likely to cause environmental pollution mentioned in Appendix IIa, Section I of the Appendix to this Decree;

c/ Twenty working days from the date of receipt of a complete and valid dossier, in case of consultation-based appraisal.

10. Appraisal results may serve as a basis for the issuance of decisions approving environmental impact assessment reports.

After an environmental impact assessment report is appraised without modifications required or is appraised with modifications required, the appraisal agency shall send a notice of appraisal results to the project owner within 5 working days after the completion of the appraisal.

In case the report is required to be modified, within 12 months after receiving the notice of the appraisal results, the project owner shall complete the report (the period for report completion shall not be included in the appraisal period) and send to the appraisal agency a dossier of request for approval of an environmental impact assessment report. Such dossier must comprise:

a/ One written request for approval of an environmental impact assessment report, clearly explaining contents already modified based on appraisal results, unless the modification is not required;

b/ The report, bound into a hardcover book, bearing the project owner’s signature at the bottom of every page or bearing the project owner’s seal appended on adjacent pages, including the report’s appendix(ces), with the number of copies of the report sufficient for the recipients mentioned in Clause 13 of this Article, together with one CD containing one “.doc” file containing the report’s contents, and one “.pdf” file containing the scanned contents of the whole report (including the appendix(ces)).

11. After receiving a dossier of request for approval of an environmental impact assessment report from the project owner:

a/ Within 20 working days, the head of the appraisal agency shall issue a decision approving the environmental impact assessment report, made according to Form No. 06 provided in Appendix VI, Section I of the Appendix to this Decree;

b/ In case the report is ineligible for approval or is rejected, within 10 working days, the appraisal agency shall send a written reply to the project owner, clearly stating the reason.

12. A decision approving an environmental impact assessment report is legally compulsory for implementation and serves as a basis for a competent state agency to examine, inspect and supervise the fulfillment of environmental protection requirements.

13. Appraisal agencies shall publish on their websites decisions approving environmental impact assessment reports and these reports and, at the same time, send such decisions to project owners and:

a/ Provincial-level People’s Committees of the project-covered localities, for environmental impact assessment reports falling within the appraisal and approval competence of the Ministry of Natural Resources and Environment;

b/ The Ministry of Natural Resources and Environment and provincial-level People’s Committees of the project-covered localities, for environmental impact assessment reports falling within the appraisal and approval competence of ministries or ministerial-level agencies, except projects classified as state secrets in terms of national defense and security;

c/ The Ministry of Natural Resources and Environment, district-level  and commune-level People’s Committees of the project-covered localities, provincial-level Departments of Natural Resources and Environment, and industrial park management boards in case projects are implemented in industrial parks, for environmental impact assessment reports falling within the appraisal and approval competence of provincial-level People’s Committees.

14. After receiving decisions approving environmental impact assessment reports and reports from ministries or ministerial-level agencies, provincial-level People’s Committees shall make copies thereof and send them to provincial-level Departments of Natural Resources and Environment, district-level and commune-level People’s Committees of the project-covered localities, and industrial park management boards in case projects are implemented in industrial parks.

15. In case of change of a project owner, the new project owner shall continue implementing the decision approving the environmental impact assessment report and notify such to the agency approving the report and provincial-level specialized agency in charge of environmental protection.”

6. To amend and supplement Article 15 as follows:

“Article 15. Re-formulation of environmental impact assessment reports

1. For the projects specified at Points a and b, Clause 1, Article 20 of the Law on Environmental Protection, environmental impact assessment reports shall be re-formulated.

For construction investment projects, failure to implement them within 24 months as prescribed at Point a, Clause 1, Article 20 of the Law on Environmental Protection means the project owner’s failure to implement any item in the project implementation period under the construction law.

2. For the projects specified at Point c, Clause 1, Article 20 of the Law on Environmental Protection which have not yet put into operation, environmental impact assessment reports shall be re-formulated in the following cases:

a/ Expansion of scale or increase of capacity of a project (expansion of the main production line or addition of main works or items), thus generating a waste volume exceeding the waste treatment capacity of environmental protection facilities as compared with the plan stated in the decision approving the environmental impact assessment report;

b/ Change of production technology of a project’s main products; or change of a project’s waste treatment technology which is likely to adversely impact the environment as compared with the plan stated in the decision approving the environmental impact assessment report;

c/ Expansion of investment scale of an industrial park; addition of industrial production forms in the industrial park which is likely to cause environmental pollution as specified in groups I and II, Appendix IIa, Section I of the Appendix to this Decree.

3. Owners of the projects referred to in Clause 1 of this Article may continue implementing their projects only after having environmental impact assessment reports re-approved by competent agencies; owners of the projects specified in Clause 2 of this Article may effect above changes only after having environmental impact assessment reports re-approved by competent agencies.

The new decision approving an environmental impact assessment report shall replace the previous decision.

4. The re-formulation, re-appraisal and re-approval of environmental impact assessment reports must comply with the order and procedures for formulation, appraisal and approval of environmental impact assessment reports in the form of consultation.”

7. To amend and supplement Article 16 as follows:

“Article 16. Responsibilities of project owners after environmental impact assessment reports are approved

1. To fully include contents and requirements of decisions approving environmental impact assessment reports in investment projects or construction investment projects.

2. To coordinate with commune-level People’s Committees of localities where consultation is required in the course of making environmental impact assessment reports in publicly displaying decisions approving environmental impact assessment reports at head offices of commune-level People’s Committees, unless consultation is not required as prescribed in Clause 3, Article 21 of the Law on Environmental Protection.

3. To strictly fulfill the requirements specified in Articles 26 and 27 of the Law on Environmental Protection.

4. In the course of project formulation, a project owner that makes any change mentioned in Clause 2, Article 26 of the Law on Environmental Protection shall report such change in writing to the agency having approved the environmental impact assessment report, and may effect the change only after obtaining a decision on approval of environmental issues from this agency in the following cases:

a/ The investment project on construction of industrial park infrastructure is added with production forms likely to cause environmental pollution as prescribed in group III, Appendix IIa, Section I of the Appendix to this Decree;

b/ Expansion of scale or increase of capacity; or change of technologies for production forms likely to cause environmental pollution as prescribed in Appendix IIa, Section I of the Appendix to this Decree, which does not fall into any of the cases prescribed in Clause 2, Article 15 of this Decree where the re-formulation of environmental impact assessment reports is required.”

8. To add the following Article 16a:

“Article 16a. Procedures for approval of environmental issues in the cases specified in Clause 4, Article 16 of this Decree

1. A dossier of request for approval of environmental issues must comprise:

a/ The project owner’s request for changes, made according to Form No. 07 provided in Appendix VI, Section I of the Appendix to this Decree;

b/ A report on environmental management and surveillance changes; environmental impacts and wastes generated from changes; measures to mitigate impacts and treat wastes, together with a document stating changes, made according to Form No. 08 provided Appendix VI, Section I of the Appendix to this Decree.

2. The time limit for consideration and approval of environmental issues is:

a/ Fifteen working days from the date of receipt of a complete and valid dossier, for projects falling within the appraisal competence of the Ministry of Natural Resources and Environment;

b/ Ten working days from the date of receipt of a complete and valid dossier, for projects other than those specified at Point a of this Clause;

c/ In case the dossier is invalid or needs supplementation or clarification, the agency approving environmental impact assessment reports shall issue a written request for supplementation or clarification of the dossier within 5 working days.

3. The consideration and approval of environmental issues shall be carried out in the form of consultation with at least 3 experts as a basis for the agency approving environmental impact assessment reports to make consideration and decision.”

9. To add the following Article 16b:

“Article 16b. Trial operation of waste treatment facilities under decisions approving environmental impact assessment reports of projects

1. Waste treatment facilities of projects that are subject to trial operation to assess the conformity and compliance with technical regulations on wastes include facilities and equipment for treatment of wastewater, dust, emissions, solid wastes and hazardous wastes (below collectively referred to as waste treatment facilities).

Other environmental protection facilities, including facilities for collection and storage of household solid wastes, ordinary industrial solid wastes and hazardous solid wastes; and environmental protection facilities other than waste treatment facilities, are not subject to trial operation.

2. A project owner required to build and install waste treatment facilities may only put them into trial operation simultaneously with the trial operation of the whole project or for each investment phase of the project (if the project is phased out) or for an independent item of the project when fully meeting the following conditions:

a/ Having completed waste treatment facilities under the decision approving the environmental impact assessment report or decision approving the modified environmental impact assessment report (if any);

b/ Having completely installed automatic continuous waste monitoring equipment and systems for supervising the quality of wastewater and emissions under law;

c/ Having a process of operating waste treatment facilities of the project that satisfies environmental protection requirements;

d/ Having a dossier of completion of waste treatment facilities that have been handed over and tested under the construction law. The project owner shall take responsibility before law for such dossier;

dd/ Having made and sent a plan on trial operation of waste treatment facilities of the project to the provincial-level specialized agency in charge of environmental protection of the project-covered locality and the agency approving environmental impact assessment reports at least 20 working days before the date of trial operation. A notice of the plan on trial operation of waste treatment facilities of a project shall be made according to Form No. 09 provided in Appendix VI, Section I of the Appendix to this Decree.

3. The period of trial operation of a waste treatment facility is between 3 months and 6 months.

4. In the course of trial operation of a waste treatment facility, a project owner shall:

a/ Coordinate with the provincial-level specialized agency in charge of environmental protection of the project-covered locality in inspecting and supervising the trial operation; monitor and supervise results of automatic continuous monitoring of wastewater and emissions which are transmitted via the Internet to such agency under regulations;

b/ Coordinate with organization qualified to provide environmental monitoring services in monitoring wastes (taking combined samples) and assessing waste treatment efficiency in each stage of waste treatment and of the whole facility. The monitoring of wastes must comply with standards and technical regulations on environment and the law on standards, metrology and quality. The monitoring of wastes of waste treatment facilities must comply with guidance of the Ministry of Natural Resources and Environment;

c/ Assess, or hire a capable organization to assess, the efficiency of the project’s waste treatment facilities; summarize and evaluate waste monitoring data and make a report on completion of environmental protection facilities (including waste treatment facilities and other environmental protection facilities), then send them to the agency approving environmental impact assessment reports for inspection and certification of the facility completion under regulations.

5. In the course of trial operation of waste treatment facilities of a project, if wastes discharged into the environment fail to meet the requirements of technical regulations on environment, a project owner shall:

a/ Stop the operation or reduce the capacity of the project to ensure that existing waste treatment facilities can treat wastes up to technical regulations on environment;

b/ Renovate or upgrade existing waste treatment facilities or build new ones up to technical regulations on environment;

c/ In case of an environmental incident or environmental pollution, stop the trial operation and promptly report such to the provincial-level specialized agency in charge of environmental protection of the project-covered locality for guidance; remediate environmental incidents, pay compensations and be handled in accordance with law.

6. Responsibilities of the provincial-level specialized agency in charge of environmental protection of the project-covered locality:

a/ To inspect a project’s waste treatment facilities within 5 working days after receiving a notice of the trial operation plan, except projects on treatment of hazardous wastes specified in Clauses 6 and 6a, Article 10 of Decree No. 38/2015/ND-CP. If these facilities meet prescribed requirements, within 5 working days, to send a notice of results of the inspection of waste treatment facilities for the project owner to commence trial operation, made according to Form No. 10 provided in Appendix VI, Section I of the Appendix to this Decree. If these facilities fail to meet prescribed requirements, to request the project owner to complete them before commencing trial operation;

b/ To assume the prime responsibility for, and coordinate with the project owner in, inspecting the trial operation of the project’s waste treatment facilities when necessary;

c/ To receive and settle the project owner’s petitions related to the trial operation of waste treatment facilities and guide the project owner in remediating environmental pollution or incidents (if any) caused during the trial operation;

d/ To issue a notice of results of the inspection of the trial operation of waste treatment facilities, made according to Form No. 11 provided in Appendix VI, Section I of the Appendix to this Decree, within 5 working days from the date of completion of the trial operation, for use as a basis for the project owner to make a report on results of the implementation of the project’s environmental protection facilities under regulations.”

10. To amend and supplement Article 17 as follows:

“Article 17. Inspection and completion certification of environmental protection facilities under decisions approving environmental impact assessment reports of projects

1. The owner of a project listed in column 4, Appendix II, Section I of the Appendix to this Decree shall make a dossier of request for inspection and completion certification of environmental protection facilities (including waste treatment facilities and other environmental protection facilities) at least 30 days before the expiration of the trial operation period in case environmental protection facilities meet the law-prescribed requirements.

2. Projects other than those mentioned in Clause 1 of this Article are not subject to inspection and completion certification of environmental protection facilities. Their owners shall coordinate with organizations qualified for providing environmental monitoring services in monitoring wastes (if any), ensuring that before being discharged into the environment, wastes satisfy requirements of technical regulations on environment, and notify results of the completion of environmental protection facilities to the agencies having approved environmental impact assessment reports before putting the projects into operation.

3. A project owner shall directly submit a dossier of request for inspection and completion certification of environmental protection facilities or send it by post or send an electronic file thereof via the online public service system to the agency competent to inspect, and certify completion of, environmental protection facilities. Such a dossier must comprise:

a/ One written request for inspection and completion certification of environmental protection facilities of the project, made according to Form No. 12 provided in Appendix VI, Section I of the Appendix to this Decree;

b/ Seven copies of the report on results of the implementation of environmental protection facilities of the project, together with monitoring results during the trial operation and dossiers of completed environmental protection facilities, made according to Form No. 13 provided in Appendix VI, Section I of the Appendix to this Decree.

In case the project is located in 2 or more provinces or centrally run cities, its owner shall send additional copies of the report for the additional provinces or cities to serve the inspection work;

c/ One copy of the decision approving the project’s environmental impact assessment report together with a copy of the report;

d/ One written notice issued by the provincial-level specialized agency in charge of environmental protection stating results of the inspection of the trial operation of the project’s waste treatment facilities.

4. Contents of inspection and completion certification of environmental protection facilities:

a/ For wastewater collection and treatment systems: facilities built and installed; scale, capacity and operation process of each facility; chemicals and bio-preparations used for wastewater treatment; automatic continuous monitoring systems (if any); and standards or technical regulations applicable to treated wastewater;

b/ For dust and emission treatment systems: facilities and equipment built and installed; scale, capacity and operation process of each facility and equipment; chemicals and catalysts used for dust and emission treatment; automatic continuous monitoring systems (if any); and standards or technical regulations applicable to treated dust and emissions;

c/ For facilities for treatment and storage of ordinary industrial solid wastes and household garbage: facilities built and installed; scale, capacity and operation process of such facilities; basic technical parameters of such facilities; and standards or technical regulations applied;

d/ For hazardous waste treatment and storage facilities; facilities built and installed; scale, capacity and operation process of such facilities; basic technical parameters of such facilities; and standards or technical regulations applied;

dd/ For other environmental protection facilities: facilities built; scale, capacity and operation process of such facilities; basic technical parameters of such facilities; and standards or technical regulations applied;

e/ For environmental incident prevention and response facilities: facilities built; scale, capacity and operation process of such facilities; basic technical parameters; and standards or technical regulations applied;

g/ Environmental monitoring and surveillance programs upon operation of projects.

5. Order, procedures and time limit for inspection and completion certification of environmental protection facilities of projects:

a/ The inspection and completion certification of environmental protection facilities shall be carried out by agencies approving environmental impact assessment reports in the form of physical inspection under the guidance of the Ministry of Natural Resources and Environment;

b/ The time limit for inspection and completion certification of an environmental protection facility is 15 working days, excluding the period for the project owner to complete the dossier and the period for waste sample analysis (combined samples shall be taken when necessary);

c/ Within 5 working days after receiving a dossier of request for inspection and completion certification of an environmental protection facility from a project owner, the agency assigned to inspect, and certify the completion of, environmental protection facilities shall examine the dossier and evaluate conditions for conducting the inspection and completion certification under regulations, and form a team for conducting the inspection and completion certification;

In case of conditions for conducting inspection and completion certification of an environmental protection facility are not fully met, such agency shall send a written reply to the project owner, clearly stating the reason.

d/ After completing the inspection, if seeing that the environmental protection facilities satisfy the prescribed requirements, the agency conducting the inspection and certification shall issue a written certification of completion of environmental protection facilities, made according to Form No. 14 provided in Appendix VI, Section I of the Appendix to this Decree. In case of conditions for certification are not fully met, such agency shall send to the project owner a written reply, stating the requirements for completion of environmental protection facilities and other environmental protection requirements.

6. A written certification of completion of a project’s environmental protection facilities serves as a basis for the project owner to put the project into operation and for a competent state agency to examine and inspect the observance of the law on environmental protection during the operation of facilities and industrial parks concerned.

For large projects involving different items or invested in different phases, a written certification of completion of environmental protection facilities may be issued for each project item and shall be integrated after all project items are completed.

For projects undergoing scale expansion or capacity increase or change of technologies of existing facilities or industrial parks, a written certification of completion of their environmental protection facilities shall replace previous documents appraising and approving, and certifying the completion of, environmental protection facilities of projects.

In case of change of environmental protection facilities, the project owner shall re-make a dossier of request for certification of completion of environmental protection facilities.

A written certification of completion of environmental protection facilities may be re-certified at the request of project owners. The re-certification must comply with the order and procedures for inspection and completion certification of environmental protection facilities.

7. For projects using imported scraps as production materials, the inspection and completion certification of their environmental protection facilities must comply with the process of inspection, and issuance of written certifications of satisfaction of environmental protection conditions in the import of scraps for use as production materials. Written certifications of satisfaction of environmental protection conditions in the import of scraps for use as production materials shall replace written certifications of completion of environmental protection facilities.

8. For hazardous waste treatment projects (including projects involving a stage for treatment of household garbage and ordinary industrial wastes), the inspection and completion certification of their environmental protection facilities must comply with the process of grant of hazardous waste treatment licenses. Hazardous waste treatment licenses shall replace written certifications of completion of environmental protection facilities.”

11. To amend and supplement Article 18 as follows:

“Article 18. Registration of environmental protection plans

1. Objects of registration of environmental protection plans:

a/ Investment projects on construction of new establishments or scale expansion or capacity increase of existing establishments, with the total scale or capacity of existing establishments and the construction of new establishments mentioned in column 5, Appendix II, Section I of the Appendix to this Decree;

b/ Production, business and service projects and plans; or investment projects and plans on scale expansion or capacity increase of production, business or service establishments, which generate wastewater of between 20 m3/day and under 500 m3/day or generate solid wastes of between 1 ton/day and under 10 tons/day or exhaust emissions of between 5,000 m3/hour and under 20,000 m3/hour (including existing establishments and expanded parts thereof), except production, business and service investment projects mentioned in column 3, Appendix II, Section I of the Appendix to this Decree.

2. For those not mentioned in Clause 1 of this Article, the registration of environmental protection plans is not required. The management and treatment of wastes and performance of other environmental protection obligations must comply with law.

3. Contents of an environmental protection plan

a/ An environmental protection plan must have the following contents: an explanatory part, covering the contents specified in Article 30 of the Law on Environmental Protection, and a part on base design or working drawing design (in case only one-step designing is required for the project) for waste treatment facilities (in case such facilities are required to be built and installed under regulations) in accordance with the construction law; and a plan on environmental incident prevention and response during construction and upon putting the project into operation, which meets law-prescribed environmental protection requirements;

b/ For projects or plans on scale expansion or capacity increase of the existing establishments, an environmental protection plan must have the contents on evaluation of the operation and performance of environmental protection work of existing establishments; and summarized evaluation of environmental impacts of existing establishments and production, business and service projects or plans with expanded scale or increased capacity.

4. Owners of the projects and establishments specified in Clause 2 of this Article shall register environmental protection plans with competent agencies defined in Clause 1, Article 19 of this Decree, and may only formulate or perform production, business and service projects or plans after having such registration certified by a competent authority.

5. In case a production, business and service project or plan is located in 2 or more provinces, its environmental protection plan shall be registered with one of provincial-level specialized agencies in charge of environmental protection at the request of the project or establishment owner.”

12. To amend and supplement Article 19 as follows:

“Article 19. Certification of registration of environmental protection plans

1. The responsibility to certify registration of environmental protection plans is prescribed as follows:

a/ Provincial-level specialized agencies in charge of environmental protection shall certify registration of environmental protection plans of the objects mentioned in Appendix IV, Section I of the Appendix to this Decree, and production, business and service projects and establishments specified at Points a and b, Clause 1, Article 32 of the Law on Environmental Protection;

b/ District-level People’s Committees shall certify registration of environmental protection plans of the objects mentioned in Clause 1, Article 18 of this Decree, except those mentioned at Point a of this Clause.

2. A project or establishment owner shall directly submit a dossier for registration of an environmental protection plan or send it by post or send an electronic file thereof via the online public service system to the provincial-level Department of Natural Resources and Environment and district-level People’s Committee for certification of registration of the environmental protection plan. Such a dossier must comprise:

a/ One written request for registration of an environmental protection plan of the project or establishment, made according to Form No. 01 provided in Appendix VII, Section I of the Appendix to this Decree;

b/ Three copies of the environmental protection plan (together with electronic files thereof) of the project or establishment, made according to Form No. 02 provided in Appendix VII, Section I of the Appendix to this Decree;

c/ One feasibility study report or techno-economic report on construction investment of the project or establishment (together with an electronic file thereof).

3. Within 10 working days after receiving a dossier for registration of an environmental protection plan, the competent agency defined in Clause 1 of this Article shall examine the dossier and issue a written certification of registration of the environmental protection plan, made according to Form No. 03 provided in Appendix VII, Section I of the Appendix to this Decree.

If refusing to give certification, such agency shall issue a written reply, clearly stating the reason (indicating the contents that need to be supplemented and completed for once), made according to Form No. 04 provided in Appendix VII, Section I of the Appendix to this Decree.

4. Responsibilities of project owners or production, business and service establishment owners and state agencies after environmental protection plans are certified are prescribed in Articles 33 and 34 of the Law on Environmental Protection.

5. For the objects specified at Points a and b, Clause 4, Article 33 of the Law on Environmental Protection, re-registration of their environmental protection plans is required in the following cases:

a/ Change of location for implementation of the production, business and service project or plan compared to that stated in the certified environmental protection plan;

b/ For construction investment projects, failure to implement projects or plans specified at Point b, Clause 4, Article 33 of the Law on Environmental Protection means the failure of project or establishment owners to implement any item at the stage of project or plan implementation under the construction law;

c/ The re-registration, and responsibility and time limit for certification of the re-registration of environmental protection plans must comply with Articles 18 and 19 of this Decree.

6. In case of change of the owner of a project or production, business and service establishment, the new owner shall continue to implement the environmental protection plan the registration of which has been certified and notify such change to the agency having issued the certification.”

13. To amend and supplement Article 22 as follows:

“Article 22. Transitional provisions

1. Dossiers of request for appraisal of strategic environmental assessment reports; appraisal of environmental impact assessment reports; or inspection and completion certification of environmental protection facilities of projects; written registrations of environmental protection plans; and environmental protection schemes that are received by competent state agencies before the effective date of this Decree may continue to be processed in accordance with regulations effective at the time of their receipt, except requests for approval of environmental issues for projects involving changes in contents of environmental impact assessment reports which do not require re-formulation of environmental impact assessment reports.

2. For projects already built but not yet put into operation and projects or establishments already put into operation (including projects with expanded scale or increased capacity or change of technologies of existing establishments or industrial parks), which are not yet accompanied by decisions approving environmental impact assessment reports or certifications of environmental protection plans or equivalent environment-related documents, their owners shall be sanctioned under the Government’s regulations on sanctioning of administrative violations in the field of environmental protection. In case projects or establishments comply with relevant master plans, their owners shall:

a/ Formulate environmental protection plans and send them to competent state agencies for certification under regulations, for projects or establishments with the scale or capacity equivalent with that of projects or establishments subject to registration of environmental protection plans;

b/ Formulate environmental impact assessment reports for projects on renovation, upgrading or addition of environmental protection facilities and submit them to competent state agencies for approval under regulations, for projects or establishments with the scale or capacity equivalent with that of projects or establishments subject to formulation of environmental impact assessment reports;

c/ Complete waste treatment facilities and environmental protection measures under regulations; and make dossiers for inspection and completion certification of environmental protection facilities under regulations;

d/ The appraisal and approval of environmental impact assessment reports must comply with Article 14 of this Decree; the trial operation of waste treatment facilities, and inspection and completion certification of environmental protection facilities must comply with Articles 16b and 17 of this Decree; and the certification of environmental protection plans must comply with Article 19 of this Decree.

3. For projects, establishments and industrial parks for which environmental impact assessment reports or equivalent documents have been approved and which have the scale or capacity equivalent to that of projects, establishments or industrial parks subject to inspection and completion certification of environmental protection facilities as prescribed in Clause 1, Article 17 of this Decree, and which have been put into operation without obtaining written certifications of completion of environmental protection facilities or environment-related equivalent documents:

a/ Their owners shall review waste treatment facilities; and renovate or upgrade these facilities in case they fail to satisfy requirements of technical regulations on wastes;

b/ Their owners shall be sanctioned under the Government’s regulations on sanctioning of administrative violations in the field of environmental protection. For establishments or industrial parks commencing their operation before July 1, 2006, and those not subject to certification of completion of environmental protection facilities under the 2014 Law on Environmental Protection, their owners shall not be sanctioned for their failure to obtain written certifications of completion of environmental protection facilities under regulations;

c/ Their owners shall, after completing waste treatment facilities, commence trial operation of these facilities and seek inspection and completion certification of environmental protection facilities under Articles 16b and 17 of this Decree;

In case a project, an establishment or industrial park has its environmental impact assessment report and equivalent documents approved by different competent agencies, the superior agency that has approved the report shall inspect, and certify completion of, environmental protection facilities.

4. Decisions and environmental impact assessment reports approved and environmental protection schemes approved or certified and equivalent documents approved before the effective date of this Decree are legally valid for owners of projects, establishments or industrial parks to carry out environmental protection. In case of availability of written approvals of the adjustment and written certifications of completion of environmental protection facilities or environmental protection schemes, such written approvals and certifications shall be complied with.”

Article 2.To amend and supplement a number of articles of the Government’s Decree No. 19/2015/ND-CP of February 14, 2015, detailing a number of articles of the Law on Environmental Protection (below referred to as Decree No. 19/2015/ND-CP)

1. To add up Chapters II and III and amend the title of Chapter II as follows:

“Chapter II

MANAGEMENT AND IMPROVEMENT OF ENVIRONMENTAL QUALITY”

2. To amend and supplement Article 5 as follows:

“Article 5. Objects requiring formulation or re-formulation of plans on environmental improvement and rehabilitation in mineral mining

1. Objects requiring formulation of environmental improvement and rehabilitation plans for submission to competent agencies for approval include:

a/ Mineral mining projects for which environmental impact assessment reports are approved after the effective date of this Decree (such a plan constitutes part of an environmental impact assessment report);

b/ Mineral exploiters that have their environmental impact assessment reports approved or environmental protection plans certified before the effective date of this Decree but for which no environmental improvement and rehabilitation plan is approved.

2. If falling into one of the following cases, the objects specified in Clause 1 of this Article are subject to re-formulation of environmental improvement and rehabilitation plans:

a/ They are subject to re-formulation of environmental impact assessment reports;

b/ A request is made for change of the environmental improvement and rehabilitation contents against the approved plan (including the additional plan);

c/ At the request of a competent state agency when the approved funds for environmental improvement and rehabilitation are insufficient.”

3. To amend and supplement Article 6 as follows:

“Article 6. Contents of a plan on environmental improvement and rehabilitation in mineral mining

1. Solutions to improve and rehabilitate the environment; analysis, evaluation and selection of the best environmental improvement and rehabilitation solution.

2. List and volume of items of environmental improvement and rehabilitation under the selected solution.

3. Implementation plan; division of the implementation plan by year and period of environmental improvement and rehabilitation; program on environmental management and surveillance during the environmental improvement and rehabilitation; plan on inspection and completion certification of the environmental improvement and rehabilitation plan.

4. Cost estimate for each item of environmental improvement and rehabilitation; deposits to be paid according to roadmap.”

4. To amend and supplement Article 7 as follows:

“Article 7. Competence and procedures for appraisal and approval of plans on environmental improvement and rehabilitation in mineral mining

1. The competence to appraise and approve environmental improvement and rehabilitation plans for the objects specified at Point a, Clause 1, Article 5 of this Decree is the same as the competence to appraise and approve environmental impact assessment reports.

2. The competence to appraise and approve environmental improvement and rehabilitation plans for the objects specified at Point b, Clause 1, and Clause 2, Article 5 of this Decree is prescribed as follows:

a/ The Ministry of Natural Resources and Environment shall appraise and approve environmental improvement and rehabilitation plans for mineral mining falling within its competence to grant mining licenses;

b/ Provincial-level People’s Committees shall appraise and approve environmental improvement and rehabilitation plans for mineral mining falling within their competence to grant mining licenses.

3. Order and procedures for appraisal and approval of environmental improvement and rehabilitation plans:

a/ The order and procedures for appraisal and approval of environmental improvement and rehabilitation plans for the objects specified at Point a, Clause 1, Article 5 of this Decree are the same as those for appraisal and approval of environmental impact assessment reports;

b/ The order and procedures for appraisal and approval of environmental improvement and rehabilitation plans for the objects specified at Point b, Clause 1, and Point b, Clause 2, Article 5 of this Decree must comply with the regulations on environmental improvement and rehabilitation in mineral exploitation activities.

4. Expenses for appraisal of environmental improvement and rehabilitation plans shall be covered by the funds for appraisal of environmental impact assessment reports and environmental improvement and rehabilitation plans.”

5. To amend and supplement Article 8 as follows:

“Article 8. Payment of deposits for environmental improvement and rehabilitation in mineral mining

1. Deposit amounts shall be calculated so as to ensure sufficient funds for environmental improvement and rehabilitation based on approved contents of environmental improvement and rehabilitation.

2. Deposit amounts shall be calculated based on norms and unit prices set by local authorities at the time of formulation of an environmental improvement and rehabilitation plan. If no norms or unit prices have been set by local authorities, norms and unit prices set by related ministries or sectors shall be applied. If no norms or unit prices have been set by ministries or sectors, market prices shall be applied.

3. Mineral exploiters shall pay annual or phased deposits, taking into account price fluctuations.

4. Mineral exploiters shall pay deposits at a local environment protection fund or the Vietnam Environment Protection Fund. Deposits shall be paid and refunded in Vietnam dong.

5. Deposits are entitled to an interest rate which is equal to the loan interest rate applied by the environment protection fund where deposits are paid and counted from the time of deposit payment. Depositors may withdraw interests only once after the date of issuance of a decision on mineral mine closure.

6. Deposits shall be refunded after mineral exploiters complete part or the whole of environmental improvement and rehabilitation contents under the approved plan.

7. In case mineral exploiters that have paid deposits are dissolved or fall bankrupt and have not yet carried out environmental improvement and rehabilitation under the approved plan, the agency competent to approve mine closure schemes under mineral exploitation projects shall use the deposits, inclusive of interests, for the environmental improvement and rehabilitation.”

6. To amend and supplement Article 9 as follows:

“Article 9. Certification of completion of plans on environmental improvement and rehabilitation in mineral exploitation

1. After having completed each part of environmental improvement and rehabilitation contents under the approved plan, mineral exploiters shall make a dossier on completion of each part of the plan and request a competent agency to inspect it and certify its completion.

The certification of completion of the whole contents of the approved environmental improvement and rehabilitation plan shall be included in the mine closure scheme.

2. The agency competent to approve mine closure schemes under mineral exploitation projects shall inspect, and certify completion of, environmental improvement and rehabilitation plans.

3. The order and procedures for inspecting, and certifying completion of, the whole contents of an environmental improvement and rehabilitation plan are the same as those for acceptance test of results of the implementation of mine closure schemes. A decision on mineral mine closure must have the content on certification of completion of the whole environmental improvement and rehabilitation plan.”

7. To amend Point c of Clause 1, Point a of Clause 3, and Points c and dd of Clause 5, Article 10 as follows:

a/ To amend Point c, Clause 1 as follows:

“c/ To appraise, approve, and inspect, and certify completion of, environmental improvement and rehabilitation plans falling within its competence to grant mining licenses;”

b/ To amend Point a, Clause 3 as follows:

“a/ To appraise, approve, and inspect, and certify completion of, environmental improvement and rehabilitation plans falling within their competence to grant mining licenses;”

c/ To amend Points c and dd, Clause 5 as follows:

“c/ To develop part or the whole of an environmental improvement and rehabilitation plan and submit it to the agency competent to grant mining licenses for inspection and certification of its completion;

dd/ To report on the environmental improvement and rehabilitation and payment of deposits for environmental improvement and rehabilitation to the agency having approved the environmental improvement and rehabilitation plan and the local management agency in charge of environmental protection before January 31 every year.”

8. To replace Article 11 with the one below:

“Article 11. Management of environmental quality

1. Environmental elements such as soil, water and air shall be assessed in terms of their quality status and changes; prompt warnings shall be given for polluted areas.

2. Data on monitoring and evaluation of environmental quality shall be connected and shared among all state management agencies in charge of environment nationwide via the national database on environmental quality.”

9. To replace Article 12 with the one below:

“Article 12. Management of environmental quality with regard to surface water and bottom deposits

1. Maritime zones, coastal marine areas, river streams, river sections, ponds, lakes, canals and ditches shall be assessed in terms of quality status and changes of environmental quality with regard to surface water and bottom deposits.

2. Basic environmental parameters on water and bottom deposits to be assessed include the parameters specified in national technical regulations on surface water, seawater and deposits.

Based on waste sources in the region, it is necessary to add other typical parameters for assessment of impacts of waste sources on quality of the water environment.

3. Based on results of the assessment of environmental quality, it is necessary to give warnings about pollution degrees of polluted maritime zones, coastal marine areas, river streams, river sections, streams, ponds, lakes, canals and ditches, identify causes of, and work out measures to treat, the pollution, and rehabilitate and restore the environmental quality.

4. Organizations and individuals that cause pollution or degradation of the surface water environment or bottom deposits shall rehabilitate and restore the environment.”

10. To replace Article 13 with the one below:

“Article 13. Quality management of surrounding air environment

1. For urban centers of grade II or higher grade, dense residential areas, areas having industrial parks and craft villages, and areas with different emission sources or large emission volumes, assessment of quality status and changes of the surrounding air environment is required.

2. The quality of the surrounding air environment shall be assessed based on the parameters stated in the national technical regulation on air quality.

Based on waste sources in the region, it is necessary to add other typical parameters for assessment of impacts of waste sources on quality of the surrounding air environment.

3. Based on assessment results, it is necessary to give warnings about pollution degrees of polluted surrounding air areas, identify causes of, and work out measures to treat, the pollution, and improve the environmental quality.

4. Organizations and individuals that cause pollution or degradation to the surrounding air environment shall treat the pollution, and rehabilitate and restore environmental quality.”

11. To replace Article 14 with the one below:

“Article 14. Quality management of soil environment

1. For areas contaminated with chemicals during wartime; areas with industrial parks, or plants producing or warehouses storing chemicals and pesticides, waste landfills, or craft villages already closed or relocated; areas where toxic minerals used to be exploited; and agricultural cultivation areas where large volumes of chemicals are used, it is necessary to assess and monitor quality changes of the soil environment, and pollution caused by residual chemicals and pesticides.

2. Basic parameters on the soil environment to be monitored and assessed must include at least those provided in the national technical regulation on soil environment.

Based on waste sources in the region, it is necessary to add other typical parameters for monitoring and assessment of impacts of waste sources on the soil environment.

3. Based on survey and assessment results, it is necessary to give warnings about pollution degrees of polluted areas, identify causes of, and work out measures to treat, the pollution, and rehabilitate and restore environmental quality.

4. Procedures for treatment of pollution caused by residual chemicals and pesticides, and rehabilitation and restoration of soil environment:

a/ Conducting survey and assessment, and identifying types, degrees and scope of pollution caused by residual chemicals or pesticides;

b/ Classifying degrees of pollution caused by residual chemicals or pesticides into high degree, average degree and low degree of pollution;

c/ Disclosing information about quality of the soil environment and giving warnings about areas polluted by residual chemicals and pesticides;

d/ Formulating a pollution treatment plan and treating the pollution and rehabilitating and restoring environmental quality;

dd/ Carrying out monitoring and surveillance after the treatment of pollution and rehabilitation and restoration of quality of the soil environment.

5. Organizations and individuals that cause pollution or degradation to the soil environment shall rehabilitate and restore the environment.”

12. To add the following Article 14a:

“Article 14a. Environmental quality monitoring and surveillance programs

1. Environmental quality status and changes shall be assessed through time- and space-based environmental monitoring programs, early warning about pollution phenomena by region, and types and degrees of pollution.

2. The Ministry of Natural Resources and Environment shall organize the implementation of national programs on environmental quality monitoring, including programs on environmental quality monitoring in inter-provincial river basins and lakes, key economic regions, and areas with different waste sources or large waste volumes with inter-provincial impacts, and programs on cross-border environmental monitoring.

Provincial-level People’s Committees shall organize the implementation of programs on environmental quality monitoring in their localities under Articles 12, 13 and 14 of this Decree.

3. National and local programs on environmental monitoring must comply with environmental protection master plans. National programs on environmental monitoring shall be approved by the Ministry of Natural Resources and Environment, and provincial-level programs on environmental monitoring, by provincial-level People’s Committees. Programs on environmental quality monitoring shall be reviewed and adjusted every 5 years or upon occurrence of urgent requirements on socio-economic development, national defense and security maintenance, and environmental protection.

Monitoring locations to be selected and designed must be representative and typical of areas to be monitored, and help assess the status and supervise impacts of polluting sources on the environment to be monitored, and meet demands for collection of data and information.

4. Environmental monitoring shall be carried out on a regular and constant basis. Environmental monitoring results shall be controlled in terms of quality and must be representative and objectively reflect environmental quality in monitored areas in order to provide reliable and prompt information and data. Environmental monitoring data shall be connected and shared between central and local authorities.

Only agencies competent and agencies responsible for environmental quality monitoring as defined by law may disclose information about environmental quality.

5. The Ministry of Natural Resources and Environment shall provide technical guidance and regulations on monitoring locations, parameters, frequency, process and methods of monitoring, ensuring quality and quality control in the environmental quality monitoring.”

13. To add the following Article 14b:

“Article 14b. Responsibility for environmental quality management

1. The Ministry of Natural Resources and Environment shall:

a/ Provide technical guidance on environmental quality monitoring; guide the survey and assessment of pollution, and identification of causes, types, degrees and scope of pollution; guide the giving of warnings about polluted areas; and guide the treatment of pollution caused by residual chemicals and pesticides, and rehabilitation and restoration of environmental quality;

b/ Organize the implementation of environmental monitoring programs prescribed in Clause 2, Article 14a of this Decree;

c/ Summarize and develop a national system of information and data on environmental quality; and information and data on polluted areas nationwide;

d/ Summarize and disclose information about environmental quality and polluted areas nationwide.

2. Provincial-level People’s Committees shall:

a/ Organize environmental quality monitoring; organize the survey and assessment of types, degrees and scope of pollution in the localities; and update data on environmental quality into the national database;

b/ Disclose information about environmental quality changes and polluted areas in the localities in accordance with law;

c/ Give warnings for polluted areas;

d/ Organize the treatment of pollution and rehabilitation and restoration of environmental quality in polluted areas in the localities within the State’s responsibility;

dd/ Report on the pollution situation, pollution treatment, and environmental rehabilitation and environmental quality restoration to the Ministry of Natural Resources and Environment before January 31 every year.”

14. To merge Chapters V and VI with the following new title:

“Chapter V

ENVIRONMENTAL PROTECTION IN PRODUCTION, BUSINESS AND SERVICE ACTIVITIES”

15. To amend and supplement Article 22 as follows:

Article 22.Environmental protection requirements for used seagoing ship-breaking establishments

1. A project to build a used seagoing ship-breaking establishment must have an environmental impact assessment report approved by a competent agency.

2. Requirements on physical foundations, technical infrastructure and human resources for environmental protection of a seagoing ship-breaking establishment:

a/ Having an area and special-use equipment for seagoing ship breaking suitable to different ship types and tonnages, ensuring no leakage and dispersal of untreated or unmanaged toxic substances to surrounding areas thus causing water, soil and air environment pollution;

b/ Having an area for keeping post-breaking materials and equipment with an appropriate ground elevation to keep it inundation-free; tight and crack-free floors made of waterproof materials which can endure the calculated highest load of materials and equipment. In case of using a storing yard, there must be a system for collecting and treating spillover rainwater up to the environmental technical regulations;

c/ Having areas for keeping hazardous wastes and ordinary solid wastes generated in the course of ship breaking which satisfy the prescribed requirements;

d/ Having vehicles, equipment and work items for receiving, collecting, transporting, keeping, disposing of and managing wastes generated in the course of ship breaking in compliance with the law on environmental protection and relevant technical regulations on environment.

3. Requirements on the process of removing, collecting and classifying a number of special wastes generated in seagoing ship breaking activities:

A seagoing ship breaking establishment shall formulate ship breaking processes and technologies suitable to different ship types and tonnages compliant with the law on environmental protection and follow the following safety assurance steps:

a/ Investigation and determination of the state of used seagoing ships to be broken: investigating all compartments, tanks and cargo holds on board ships to locate places where there exist such hazardous substances as fuel, oil, asbestos, PCBs, lead, radioactive wastes and other hazardous substances that must be removed; determination of the state of ships and hazards which workers may encounter in the course of ship breaking;

b/ Collection of fuel, oil, ship bottom water, ballast water, other liquids and flammable and explosive materials; and implementation of measures to ventilate and provide sufficient air to confined spaces on board ships (cargo holds, double bottoms, tanks and cisterns) in order to ensure safe working conditions. This step shall be taken throughout the course of ship breaking;

c/ Ripping out and removal of asbestos and PCBs: Before taking down a ship into pieces, asbestos and PCBs shall be ripped out, removed, collected and transported from the takedown positions. After all pieces of the ship are transported ashore, the remaining asbestos and PCBs parts shall be fully collected as access is easier. Places for asbestos removal and collection must be tightly fenced to reduce dispersal of asbestos fibers to the surrounding environment and prevent unauthorized persons from entering. Asbestos parts must be moisturized before and during the removal process. To remove asbestos parts, there must be at least 2 workers fully equipped with labor safety devices including one to moisturize asbestos parts and the other to remove them. Onshore places for asbestos removal must be isolated with a similar process;

d/ Before and during the ship breaking, the ship-breaking establishment owner shall post up warnings about the risk of generation of toxic substances on signboards in easy-to-spot and easy-to-access positions. He/she shall equip workers with sufficient labor safety devices under regulations.

4. Requirements on the management of wastes and scraps in used seagoing ship-breaking activities:

In addition to managing wastes and scraps generated in the course of ship breaking under the current regulations on management of wastes and scraps, a used seagoing ship-breaking establishment owner shall:

a/ Pump oil and fuel into separate (not mixed) tanks or barrels, then transport them to storage areas and hand them over to eligible facilities for disposal under regulations;

b/ Store removed asbestos in sealed special-use packages of at least 2 layers, then transport them to hazardous waste storage warehouses and hand them over to eligible facilities for disposal under regulations;

c/ Store liquid wastes containing PCBs in hard packages or containers placed on pallets which must not be piled up. Areas for storing PCBs (in solid and liquid forms) must be isolated from other wastes for keeping PCSs safe and handing them over to eligible facilities for disposal under regulations;

d/ Categorize and dispose of non-metallic materials separated from metal materials under the regulations on management of wastes and scraps;

dd/ Collect, store, dispose of and manage radioactive wastes generated in the course of ship breaking under the regulations on management of radioactive wastes and used radioactive sources;

e/ Hand over all hazardous wastes to competent and capable units for disposal under regulations within 45 days after the ship breaking is completed.

5. Seagoing ship-breaking establishments shall apply the environmental management system according to national standard TCVN ISO 14001.

6. Seagoing ship-breaking establishment owners shall register environmental protection plans for seagoing ship breaking activities before submitting them to provincial-level specialized agencies in charge of environmental protection for certification.”

16. To amend Clauses 1 and 4 of, and add Clause 5 to, Article 24 as follows:

a/ To amend Clause 1 as follows:

“1. The Ministry of Natural Resources and Environment shall:

a/ Guide the environmental protection work in used seagoing ship breaking activities;

b/ Inspect and examine the observance of the law on environmental protection in used seagoing ship breaking activities by seagoing ship-breaking establishments in accordance with law.”

b/ To amend Clause 4 and add Clause 5 as follows:

“4. Provincial-level People’s Committees shall:

a/ Inspect and examine the observance of the law on environmental protection in activities of seagoing ship-breaking establishments in accordance with law;

b/ Coordinate with the Ministry of Natural Resources and Environment in guiding the environmental protection work at seagoing ship-breaking establishments.

5. Used seagoing ship-breaking establishment owners shall:

a/ Fully comply with the regulations on environmental protection applicable to seagoing ship-breaking establishments;

b/ Send reports on the environmental protection work in their used seagoing ship breaking activities, made according to the form in Appendix IV, Section II of the Appendix to this Decree, before January 31 of the subsequent year to the Ministry of Natural Resources and Environment and provincial-level People’s Committees of localities where their establishments are located.”

17.To annul the titles of Sections 1, 2 and 3 of Chapter VI.

18. To amend and supplement Article 25 as follows:

“Article 25. Establishments subject to and time limit for completion of the environmental management system

1. A production, business or service establishment that is operating in an industrial production field likely to cause environmental pollution as specified in Appendix IIa, Section I of the Appendix to this Decree and required to make environmental impact assessment reports must have an environmental management system according to national standard TCVN ISO 14001.

2. The time limit/deadline for completion of an environmental management system mentioned in Clause 1 of this Article is prescribed as follows:

a/ Two years after the project is commissioned;

b/ Before December 31, 2020, for operating establishments.”

19. To amend Clause 2, Article 31 as follows:

“2. The list of establishments required to purchase insurance for the liability to compensate for environmental damage is provided in Appendix II, Section II of the Appendix to this Decree.

The subjects specified in Clause 1 of this Article but not on the list provided in Appendix II, Section II of the Appendix to this Decree may choose to purchase insurance for the liability to compensate for environmental damage or set aside a risk provision in accordance with law.”

20. To amend Clause 4, Article 33 as follows:

“4. A seriously polluting establishment is an establishment that violates the regulations on discharge of wastewater, dust and gas emissions, causes noise or vibration pollution in excess of the relevant technical regulations on wastes, or buries or dumps solid or hazardous wastes in contravention of the regulations on environmental protection in a manner serious enough to be subject to the additional sanction form of operation suspension under the Decree on sanctioning of administrative violations in the field of environmental protection.”

21. To amend Clause 7, Article 42 as follows:

“7. The Ministry of Natural Resources and Environment shall guide the provision of loans and post-investment interest rate support and investment credit guarantee for projects borrowing loans; and sponsor, co-sponsor or otherwise support environmental protection activities with financial aid from the Vietnam Environment Protection Fund. Provincial-level People’s Committees shall guide the provision of loans and post-investment interest rate support and investment credit guarantee for projects borrowing loans; and sponsor, co-sponsor or otherwise support environmental protection activities in their localities with financial aid from local environmental protection funds.”

22. To amend and supplement Article 43 as follows:

“Article 43. Enterprise income tax incentives

Incomes of enterprises from the implementation of new investment projects specified in Clauses 1, 2, 4, 5, 6, 9 and 10, Appendix III, Section II of the Appendix to this Decree and new production projects or production, product trading or service provision activities specified in Clauses 11, 12, 13 and 14, Appendix III, Section II of the Appendix to this Decree are entitled to enterprise income tax incentives as for those engaged in the environmental protection work as prescribed by the law on enterprise income tax.”

23. To amend Clause 3 of, and add Clause 4 to, Article 44 as follows:

“3. Products from the recycling or disposal of solid wastes of facilities disposing of (household, industrial and hazardous) wastes as specified in Clause 12, Appendix III, Section II of the Appendix to this Decree are those stated in investment projects and investment registration certificates of such facilities.

4. The Ministry of Natural Resources and Environment shall issue criteria for identifying and announcing the list of products eligible to bear Vietnam Green Label.”

24. To add the following Article 49a:

“Article 49a. Organization and operation of environmental protection funds

1. The establishment, organization and operation of environmental protection funds comply with Article 149 of the Law on Environmental Protection.

2. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding the organization and operation of local environmental protection funds.”

Article 3.To amend and supplement a number of articles of the Government’s Decree No. 38/2015/ND-CP of April 24, 2015, prescribing the management of wastes and scraps (below referred to as Decree No. 38/2015/ND-CP)

1. To amend Clause 4 of, and add Clauses 30, 31 and 32 to, Article 3 as follows:

a/ To amend Clause 4 as follows:

“4. Industrial solid wastes means solid wastes generated in production, business and service activities, including hazardous solid wastes and ordinary industrial solid wastes.”

b/ To add the following Clauses 30, 31 and 32:

“30. Written record of handover of solid wastes means a document certifying the handover of a certain type and volume of household solid wastes or ordinary industrial solid wastes between a waste source owner, collector or transporter and a household solid waste or ordinary industrial solid waste disposal facility owner.

31. Cooling water means water used to cool off equipment and machinery in the course of production not in direct contact with materials, fuel or chemicals used in production, business or service stages.

32. Establishment having an appropriate function to reuse, recycle, co-dispose of, recover energy and dispose of wastes means an establishment operating in accordance with its enterprise registration certificate, business registration certificate or investment certificate or investment registration paper or an equivalent paper; having workshops, a technological line, equipment and auxiliary works used for the reuse, recycling, co-disposal, energy recovery and disposal of wastes (including household wastes, ordinary industrial wastes and ordinary hospital wastes) and fully complying with the law on environmental protection.”

2. To amend Clause 1, Article 9 as follows:

“1. Having an environmental impact assessment report approved by the Ministry of Natural Resources and Environment.”

3. To amend Clauses 1, 4, 5 and 6 of, and add Clauses 6a and 6b to, Article 10 as follows:

a/ To amend Clause 1 as follows:

“1. Organizations and individuals having hazardous waste disposal projects or facilities, having completed environmental protection facilities under decisions approving their environmental impact assessment reports and satisfying the conditions prescribed in Article 9 of this Decree shall compile dossiers of registration for grant of hazardous waste disposal licenses and submit them to a competent agency specified in Clause 2 of this Article.”

b/ To amend Clauses 4, 5 and 6 and add Clauses 6a and 6b as follows:

“4. A hazardous waste disposal license is valid for 5 years from the date of its grant.

5. A hazardous waste disposal license replaces the certificate of completion of environmental protection facilities. In case hazardous waste disposal facilities use imported scraps as their production materials, dossiers for grant of certificates of satisfaction of environmental protection conditions in the import of scraps for use as production materials may be made together with dossiers for grant of hazardous waste disposal licenses at the request of project or facility owners. Procedures for inspection and completion certification of environmental protection facilities and procedures for inspection and grant of certificates of satisfaction of environmental protection conditions in the import of scraps for use as production materials are the same as procedures for inspection and grant of hazardous waste disposal licenses.

6. In the process of consideration and grant of a hazardous waste disposal license, a licensing agency shall form a team for physical inspection at the hazardous waste disposal facility for use as a basis for consideration and approval of the facility trial operation. A written approval of trial operation may serve as a basis for the signing of hazardous waste collection, transportation and disposal contracts to serve the trial operation with a total volume of collected, transported and disposed wastes under the contract not exceeding the disposing capacity of the project. The trial operation must comply with Article 16b of Decree No. 18/2015/ND-CP.

6a. The time limit for inspection and approval of trial operation of a hazardous waste disposal project is 10 working days after the receipt of a complete and valid dossier. The time limit for inspection and grant of a hazardous waste disposal license is 25 working days after the receipt of a complete and valid dossier. The time for dossier completion at the request of the licensing agency is not included in above time limits.

6b. Expenses for grant of hazardous waste disposal licenses shall be covered by collected charges for appraisal and grant of such licenses.”

4. To add the following Clauses 4 and 5 to Article 16:

“4. Household solid waste source owners (except households and individuals) shall deliver household solid wastes to:

a/ Reuse, recycling, co-disposal or disposal facilities having appropriate functions;

b/ Household solid waste collectors and transporters satisfying the conditions prescribed in Article 18 of this Decree; organizations performing the public-utility service task of collecting and transporting household solid wastes as assigned by competent agencies.

5. A household solid waste source owner that wishes to reuse, process, recycle, dispose of, co-dispose of or recover energy by itself/himself/herself must satisfy the following requirements:

a/ The reuse, processing, recycling, disposal, co-disposal or energy recovery complies with the decision approving its/his/her certified environmental impact assessment report or environmental protection plan or an equivalent paper;

b/ The reuse, processing, recycling, disposal, co-disposal or energy recovery is carried out with an environmental protection technology or facility or production equipment available within the facility where household solid wastes are generated and satisfies the environmental protection requirements (except household solid wastes as easy-to-decay organic wastes generated from offshore petroleum exploration and exploitation facilities).”

5. To add the following Clause 5 to Article 17:

“5. Household solid waste gathering places and transshipment stations must satisfy the requirements prescribed at Point A, Appendix II, Section III of the Appendix to this Decree.”

6. To add the following Clauses 9, 10, 11, 12 and 13 to Article 18:

“9. To ensure that vehicles, containers, gathering places, transshipment stations and storage areas (if any) satisfy the technical requirements and management processes prescribed at Points A and B, Appendix II, Section III of the Appendix to this Decree; to ensure that the maximum period of collection, storage and transportation of household solid wastes is 2 days.

10. To comply with the regulations on management of household solid wastes and ordinary industrial solid wastes in case they also collect and transport ordinary industrial solid wastes.

11. To deliver household solid wastes to:

a/ Owners of facilities reusing, recycling, co-disposing or disposing of household solid wastes with appropriate functions;

b/ Household solid waste collectors and transporters having entered into contracts with owners of facilities reusing, recycling, co-disposing or disposing of household solid wastes specified at Point a of this Clause;

c/ Household solid waste collectors and transporters assigned by local administrations to collect and transport household solid wastes to be delivered to those specified at Point a of this Clause.

12. To use a written record of delivery of household solid wastes for every time of receipt of the wastes as prescribed in Appendix IV, Section III of the Appendix to this Decree.

13. To make:

a/ An annual report on management of household solid wastes (the reporting period is counted from January 1 through December 31) according to Form No. 01 provided in Appendix V, Section III of the Appendix to this Decree, which shall be sent before January 31 of the subsequent year to the provincial-level Department of Natural Resources and Environment and district-level People’s Committee of the locality where the service of household solid waste collection and transportation is provided;

b/ An extraordinary report on household solid waste collection and transportation at the request of a competent state management agency.”

7. To amend and supplement Clause 3, Article 19 as follows:

“3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology and related ministries and sectors in, issuing specific criteria for, and appraising, evaluating and announcing household solid waste disposal technologies specified in this Article.”

8. To amend and supplement Clauses 5 and 6 and annul Clauses 7 thru 13, Article 21 as follows:

“5. Obtaining a competent agency’s certification of the completion of an environmental protection facility under regulations.

6. Ensuring that the location of a household solid waste disposal facility conforms to the environmental protection master plan or provincial master plan.”

9. To amend Clause 1, Article 22 as follows:

“1. A household solid waste disposal facility owner has the following responsibilities:

a/ To satisfy all the environmental protection requirements prescribed by law;

b/ To make:

- An annual report on management of household solid wastes (the reporting period is counted from January 1 through December 31) according to Form No. 01 provided in Appendix V, Section III of the Appendix to this Decree, which shall be sent before January 31 of the subsequent year to the provincial-level Department of Natural Resources and Environment and the Ministry of Natural Resources and Environment (in case environmental impact assessment reports are approved by the Ministry of Natural Resources and Environment);

- An extraordinary report on household solid waste disposal at the request of a competent state management agency;

- A written record of delivery of household solid wastes; a diary of operation of systems and equipment for household solid waste disposal; and a book for monitoring the volume of recycled products or solid wastes that can be reused or recycled which are recovered from household solid wastes (if any);

- Contracts and written records of delivery of household solid wastes, operation diaries and documents relevant to the household solid waste disposal shall be archived for 5 years for provision to competent state management agencies upon request;

c/ To discharge the responsibilities of hazardous waste source owners under regulations if hazardous wastes can be separated from household solid wastes or hazardous wastes are generated at household solid waste disposal facilities;

d/ To ensure that systems and equipment for household solid waste disposal (including preliminary processing, recycling, co-disposal and recovery of energy from household solid wastes, below referred to as household solid waste disposal) satisfy the technical requirements and management processes prescribed at Point C, Appendix II, Section III of the Appendix to this Decree.”

10. To annul Point a and amend Point b, Clause 2, and amend Clause 3, Article 23 as follows:

a/ To annul Point a, Clause 2;

b/ To amend Point b, Clause 2 as follows:

“b/ Right after the closure of a household solid waste burial site, to rehabilitate the surrounding area and concurrently take measures to prevent environmental pollution.”

c/ To amend Clause 3 as follows:

“3. The Ministry of Natural Resources and Environment shall guide the process of closing household solid waste burial sites after their operation is terminated.”

11. To amend and supplement Article 28 as follows:

“Article 28. Responsibilities of People’s Committees at all levels in the management of household solid wastes

1. Responsibilities of provincial-level People’s Committees:

a/ To organize the management of household solid wastes in their provinces, assign the management responsibility to specialized agencies and decentralize the household solid waste management power to People’s Committees at all levels under regulations;

b/ In case of necessity, to promulgate specific regulations on household solid waste management; and support and incentive mechanisms and policies to encourage the household solid waste collection and transportation and investment in household solid waste disposal facilities as suitable to their local socio-economic development conditions;

c/ To direct and organize the implementation of contents on solid waste management in relevant master plans according to their competence; to make annual plans for household solid waste collection, transportation and disposal and allocate funds for their implementation in conformity with their local socio-economic development plans;

d/ To set sanitation service charge rates and service prices applicable to households, individuals, production, business and service establishments and organizations under regulations;

dd/ To report to the Ministry of Natural Resources and Environment and Ministry of Construction on the management of household solid wastes in their localities before March 31 of the subsequent year;

e/ To organize the dissemination of and education in the law on household solid waste management; to direct the inspection and examination work and handling of violations of the law on solid waste management in their localities.

2. Responsibilities of district-level People’s Committees:

a/ To promulgate according to their competence regulations, programs and plans on household solid waste management;

b/ To organize the implementation of strategies, programs, plans and tasks on household solid waste management;

c/ To annually report to provincial-level People’s Committees on household solid waste management.

3. Responsibilities of commune-level People’s Committees:

a/ To work out plans on household solid waste management and manage household solid wastes in their localities;

b/ To organize the classification of household solid wastes at source under regulations;

c/ To annually report to district-level People’s Committees on household solid waste management.”

12. To add the following Clauses 3 and 4 to Article 29:

“3. Ordinary industrial solid wastes shall be classified into the following 3 groups:

a/ Group of ordinary industrial solid wastes to be reused or recycled for use as production materials;

b/ Group of solid wastes for use in the production of construction materials and ground filling and leveling;

c/ Group of ordinary industrial solid wastes that must be disposed of by the methods of incineration, burial or restitution in areas where mineral mining is completed in accordance with the mineral law or by other disposal methods in accordance with relevant specialized laws;

d/ Unclassified ordinary industrial solid wastes shall be disposed of under Point c of this Clause.

4. The Ministry of Construction shall issue technical regulations and technical instructions on use of ordinary industrial solid wastes as materials for the production of construction materials, ground filling and leveling or in construction works; establish a national standard on use of ordinary industrial solid wastes as materials for the production of construction materials, ground filling and leveling or in construction works, then send it to the Ministry of Science and Technology for declaration. Pending the issuance of a standard, technical regulation or technical instruction, a standard of the EU, US, Japan or the Republic of Korea may be applied.”

13. To amend and supplement Article 30 as follows:

“Article 30. Responsibilities of ordinary industrial solid waste source owners

1. To classify ordinary industrial solid wastes under Clause 3, Article 29 of this Decree; to have containers and places for storing ordinary industrial solid wastes meeting the technical requirements and management process prescribed at Point A, Appendix III, Section III of the Appendix to this Decree.

2. To deliver ordinary industrial solid wastes to:

a/ Owners of licensed production establishments for use as production materials, production of construction materials or ground filling and leveling in accordance with law;

b/ Owners of production establishments whose waste co-disposal plans are approved by a competent agency;

c/ Owners of ordinary industrial solid waste disposal facilities with appropriate functions;

d/ Transporters of ordinary industrial solid wastes satisfying the requirements prescribed in Article 31 of this Decree and signing waste delivery contracts with the entities specified at Point a, b or c of this Clause.

3. To make a written record of delivery of ordinary industrial solid wastes for every time of waste delivery according to the form provided in Appendix IV, Section III of the Appendix to this Decree.

4. Organizations and individuals that carry out by themselves the re-use, preliminary processing, recycling, disposal, co-disposal and recovery of energy from ordinary industrial solid wastes must satisfy the technical requirements, and management processes, specifically as follows:

a/ The re-use, preliminary processing, recycling, disposal, co-disposal and energy recovery conform to enterprise registration certificates, business registration certificates, investment certificates, investment registration papers or equivalent papers as prescribed by law;

b/ The reuse, preliminary processing, recycling, disposal, co-disposal and energy recovery are carried out with technologies, environmental protection facilities or production equipment available within facilities where ordinary industrial solid wastes are generated and up to the prescribed environmental protection requirements. Ordinary industrial solid waste incinerators and landfills built within facilities where ordinary industrial solid wastes are generated must satisfy solid waste management requirements in relevant master plans;

c/ The re-use, preliminary processing, recycling, disposal, co-disposal and energy recovery conform to decisions approving environmental impact assessment reports, certified environmental protection plans or equivalent dossiers and papers.

5. To make:

a/ An annual report on management of ordinary industrial solid wastes (the reporting period is counted from January 1 through December 31) according to Form No. 03 provided in Appendix V, Section III of the Appendix to this Decree, which shall be sent to the provincial-level Department of Natural Resources and Environment before January 31 of the subsequent year. In case an ordinary industrial solid waste source owner is concurrently a hazardous waste source owner, such report shall be consolidated with a periodical report on management of hazardous wastes;

b/ An extraordinary report on generated ordinary industrial solid wastes at the request of a competent state management agency”.

14. To add the following Article 31a:

“Article 31a. Responsibilities of ordinary industrial solid waste collectors and transporters

1. To sign contract ordinary industrial solid waste collection and transportation contracts with waste source owners only after signing contracts on waste delivery to one of the entities specified at Points a, b and c, Clause 2 of this Article.

2. To deliver ordinary industrial solid wastes to:

a/ Owners of licensed production establishments for use as production materials, production of construction materials or ground filling and leveling in accordance with law;

b/ Owners of production establishments whose waste co-disposal plans are approved by a competent agency;

c/ Owners of waste disposal facilities with appropriate functions or owners of hazardous waste disposal facilities (in case of disposal of ordinary industrial solid wastes together with hazardous wastes).

3. To make a written record of delivery of ordinary industrial solid wastes for every time of waste delivery according to the form provided in Appendix IV, Section III of the Appendix to this Decree.

4. To ensure that vehicles, containers, transshipment stations and places for temporary storage of ordinary industrial solid wastes satisfy the relevant technical requirements and management processes prescribed at Points A and B, Appendix III, Section III of the Appendix to this Decree.

5. To make:

a/ An annual report on management of ordinary industrial solid wastes (the reporting period is counted from January 1 through December 31) according to Form No. 04 provided in Appendix V, Section III of the Appendix to this Decree, which shall be sent to the provincial-level Department of Natural Resources and Environment before January 31 of the subsequent year;

b/ An extraordinary report on collection and transportation of ordinary industrial solid wastes at the request of a competent state management agency;

c/ A consolidated report on management of ordinary industrial solid wastes and household solid wastes according to a set form within 1 month from the last day of the reporting period in case ordinary industrial solid waste transporters concurrently collect and transport household solid wastes;

d/ A consolidated report on management of  ordinary industrial solid wastes and hazardous wastes according to a set form for the management of hazardous wastes in case an ordinary industrial solid waste transporter concurrently collects and transports hazardous wastes.”

15. To amend and supplement Clauses 5 and 6, and annul Clauses 7 thru 12, Article 32 as follows:

“5. Ordinary industrial solid waste disposal facilities must obtain competent agencies’ certification of the completion of environmental protection facilities under regulations.

6. The location of an ordinary industrial solid waste disposal facility must conform to the relevant environmental protection master plan and provincial master plan.”

16. To amend and supplement Article 33 as follows:

“Article 33. Responsibilities of ordinary industrial solid waste disposal facility owners

1. To have vehicles, containers and places for temporary storage of ordinary industrial solid wastes satisfying the relevant technical requirements and management processes prescribed at Points A and B, Appendix III, Section III of the Appendix to this Decree.

2. To ensure that systems, vehicles and equipment for disposal of ordinary industrial solid wastes (including preliminary processing, reuse, recycling, co-disposal, disposal and recovery of energy from ordinary industrial solid wastes, below collectively referred to as disposal of ordinary industrial solid wastes) satisfy the technical requirements and management processes prescribed at Point C, Appendix III, Section III of the Appendix to this Decree.

3. To discharge the responsibilities of hazardous waste source owners under regulations in case hazardous wastes are generated in ordinary industrial solid waste disposal facilities.

4. To make:

a/ An annual report on management of ordinary industrial solid wastes (the reporting period is counted from January 1 through December 31) according to Form No. 05 provided in Appendix V, Section III of the Appendix to this Decree, which shall be sent before January 30 of the subsequent year to the report-certifying agency, provincial-level Department of Natural Resources and Environment and district-level People’s Committee of the locality where the ordinary industrial solid waste disposal facility is located;

b/ An extraordinary report on disposal of ordinary industrial solid wastes at the request of a competent state management agency;

c/ Consolidated reports, files, documents and diaries related to the management of ordinary industrial solid wastes and household wastes, made according to Form No. 05 provided in Appendix V, Section III of the Appendix to this Decree, in case an ordinary industrial solid waste disposal facility owner is concurrently a household waste disposal facility owner;

d/ Consolidated reports, files, documents and diaries related to the management of ordinary industrial solid wastes and hazardous wastes, made according to a set form for the management of hazardous wastes, in case an ordinary industrial solid waste disposal facility owner is concurrently a hazardous waste disposal facility owner;

dd/ A written record of delivery of ordinary industrial solid wastes for every time of waste receipt according to the form provided in Appendix IV, Section III of the Appendix to this Decree; to keep a diary of operation of systems, vehicles and equipment for the disposal of ordinary industrial solid wastes and a book for monitoring the volume of recycled products or products recovered from ordinary industrial solid wastes (if any);

e/ To archive for 5 years contracts, diaries, files and documents related to the disposal of ordinary industrial solid wastes for provision to competent state management agencies upon request.

5. To apply the environmental management system according to national standard TCVN ISO 14001 within 24 months after the operation commencement, for newly established facilities; or within 24 months after the effective date of this Decree, for operating facilities.

6. To implement pollution control and environmental restoration plans, and at the same time notify in writing competent agencies of the certification of completion of environmental protection facilities for ordinary industrial solid waste disposal facilities within 6 months after the facilities terminate their operation.”

17. To amend Clause 1, Article 34 as follows:

“1. To perform the state management of ordinary industrial solid wastes.”

18. To amend and supplement Article 35 as follows:

“Article 35. Responsibilities of provincial-level People’s Committees in the management of ordinary industrial solid wastes

To organize the updating of the national database on ordinary industrial solid wastes generated in their localities; to make annual statistics on, and update the generation, management and disposal of ordinary industrial solid wastes in their localities and report them to the Ministry of Natural Resources and Environment for summarization and monitoring. The reporting deadline is March 31 of the following year.”

19. To add the following Clauses 4, 5, 6, 7 and 8 to Article 37:

“4. Wastewater generated from secondary establishments in industrial parks shall be preliminarily treated to satisfy the conditions stated in written agreements with project owners conducting industrial park infrastructure construction and commercial operation and decisions approving environmental impact assessment reports of industrial parks before the wastewater treatment system is connected to the collection system for further treatment at centralized wastewater treatment systems up to the environment-related technical regulations before being discharged into receiving sources, unless such establishments are exempt from system connection under regulations.

Conditions for wastewater treatment system connection stated in written agreements between establishment owners and project owners conducting industrial park infrastructure construction and commercial operation must not exceed those for receiving wastewater of centralized wastewater treatment systems stated in decisions approving environmental impact assessment reports or approved detailed environmental protection schemes of industrial parks.

From January 1, 2020, new investment projects in industrial parks shall be considered based on the wastewater receiving and treating capacity of centralized wastewater treatment systems; wastewater treatment systems of new secondary investment projects in industrial parks shall be connected to centralized wastewater treatment systems of such industrial parks.

5. Cooling water shall be managed as follows:

a/ Cooling water (including cooling water using chlorine or disinfectant chemicals for killing microorganisms) shall be separated from wastes generated in the production, business and service provision stages, and must have a separate collection system;

b/ Cooling measures shall be taken to ensure the temperature of cooling water does not exceed the prescribed temperature limit applicable to industrial wastewater before being discharged into the environment;

c/ Cooling water shall be discharged into the environment through outlets separated from wastewater outlets. In case wastewater and cooling water are discharged into the environment through the same outlet due to technical requirements, establishment owners shall install a continuous automatic wastewater monitoring system to monitor typical pollution parameters of the wastewater flow before its confluence with the cooling water flow. Establishments that commence their operation or are built before the effective date of this Decree shall complete the installation of their continuous automatic wastewater monitoring systems before December 31, 2020.

6. For projects engaged in production activities that are likely to cause environmental pollution specified in Appendix IIa, Section I of the Appendix to this Decree, wastewater treatment systems (excluding facilities connected to centralized wastewater treatment systems) must satisfy the environmental protection requirements and have facilities for environmental incident prevention and response specified in Articles 101, 108 and 109 of the Law on Environmental Protection. Facilities for environmental incident prevention and response of wastewater treatment systems must be approved in environmental impact assessment reports. Project owners may base themselves on characteristics and volume of the wastewater flow to select one of the following technical solutions:

a/ In case the designed wastewater volume is between 50 m3/day and under 500 m3/day, there must be facilities for environmental incident prevention and response being tanks, equipment or tools (collectively referred to as incident response tanks) that can store wastewater for at least 1 day or incident response tanks that can treat by recycling wastewater, thus avoiding discharging wastewater into the environment in case of an incident in the wastewater treatment system;

b/ In case the designed wastewater volume is between 500 m3/day and under 5,000 m3/day, there must be facilities for environmental incident prevention and response being reservoirs that can store wastewater for at least 2 days or incident response reservoirs that can treat by recycling wastewater, thus avoiding discharging wastewater into the environment in case of an incident in the wastewater treatment system;

c/ In case the designed wastewater volume is at least 5,000 m3/day, there must be facilities for environmental incident prevention and response being incident response reservoirs combined with bio-lakes that can store wastewater for at least 3 days or incident reservoirs combined with biolakes that can treat by recycling wastewater, thus avoiding discharging wastewater into the environment in case of an incident in the wastewater treatment system.

7. For operating industrial parks and establishments engaged in production activities that are likely to cause environmental pollution specified in Appendix IIa, Section I of the Appendix to this Decree, wastewater treatment systems (excluding facilities connected to centralized wastewater treatment systems) without facilities for environmental incident prevention and response as prescribed in Clause 6 of this Article must have plans on construction and installation of such facilities to be sent to the agencies that have approved their environmental impact assessment reports. After the completion of such facilities, they shall make dossiers of certification of completion of such facilities according to the procedures for inspection and certification of the completion of environmental protection facilities before December 31, 2020.

8. The Ministry of Natural Resources and Environment shall provide technical instructions and requirements on facilities for environmental incident prevention and response for wastewater; and draw up the list of such facilities for monitoring the implementation by the entities specified in Clause 7 of this Article.”

20. To amend and supplement Article 39 as follows:

“Article 39. Monitoring of wastewater discharge

1. Entities subject to, frequency and parameters of, periodical wastewater monitoring:

a/ Establishments, industrial parks and projects that have been commissioned and are of size and capacity equivalent to those required to make environmental impact assessment reports and have the total volume of wastewater discharged into the environment (according to the total designed capacity of their wastewater treatment systems or wastewater volume approved in their environmental impact assessment reports and equivalent dossiers) of at least 20 m3/day, except the case of wastewater treatment system connection to centralized wastewater treatment systems of industrial parks, are subject to periodical wastewater monitoring. The frequency of periodical wastewater monitoring is once every 3 months. In case the environment-related technical regulations or regulations on environmental monitoring techniques issued by the Ministry of Natural Resources and Environment prescribe the frequency of monitoring of a number of special environmental pollution parameters applicable to different sectors or fields, such regulations shall be complied with;

b/ Operating establishments and projects that are of size and capacity equivalent to those required to register environmental protection plans and have the total volume of wastewater discharged into the environment (according to their total designed capacity or wastewater volume registered in their environmental protection plans) of at least 20 m3/day, except the case of wastewater treatment system connection to centralized wastewater treatment systems of industrial parks, are subject to periodical wastewater monitoring. The frequency of periodical wastewater monitoring is once every 6 months. In case the environment-related technical regulations or regulations on environmental monitoring techniques issued by the Ministry of Natural Resources and Environment prescribe the frequency of monitoring of a number of special environmental pollution parameters applicable to different sectors or fields, such regulations shall be complied with;

c/ The establishments specified at Points a and b of this Clause whose wastewater treatment systems are connected to centralized wastewater treatment systems of industrial parks shall carry out periodical wastewater monitoring under regulations of project owners conducting industrial park construction and commercial operation. The frequency of periodical wastewater monitoring must not exceed the frequency prescribed at Point a or b of this Clause;

d/ Establishments other than those specified at Points a, b and c of this Clause are encouraged to carry out periodical wastewater monitoring and use results thereof as a basis for assessment of conformity with the environment-related technical regulations. In case wastewater parameters exceed those prescribed by the environment-related technical regulations, wastewater treatment systems shall be re-inspected or wastewater treatment facilities must be renovated or upgraded up to the environment-related technical regulations before wastewater is discharged into the environment;

dd/ Periodical wastewater monitoring parameters must conform to the environment-related national or local technical regulations. For special production activities for which no environment-related sectoral technical regulations are available, monitoring parameters must conform to the regulations on environmental monitoring techniques issued by the Ministry of Natural Resources and Environment;

e/ The monitoring of input and output wastewater flows of wastewater treatment systems of the entities specified at Points a and b of this Clause and monitoring of output wastewater flow of the entities specified at Point c of this Clause shall be carried out with flowmeters.

2. Entities required to carry out continuous automatic wastewater monitoring (except establishments having their wastewater treatment systems connected to centralized wastewater treatment systems, aquaculture establishments, establishments having treatment systems for wastewater from periodical cleaning of tanks separated from wastewater treatment systems, establishments having cooling water not using chlorine or disinfectant chemicals for killing microorganisms, and establishments having drained water from mines where minerals are exploited for use as ordinary construction materials or limestone mines) include:

a/ Industrial parks and establishments located in industrial parks that are exempt from connection of their wastewater treatment systems to centralized wastewater treatment systems;

b/ Production, business or service establishments engaged in production activities that are likely to cause environmental pollution specified in Appendix IIa, Section I of the Appendix to this Decree and discharging a wastewater volume of at least 500 m3/day calculated according to the designed capacity of their wastewater treatment systems;

c/ Provincial-level hazardous waste disposal facilities and centralized solid waste disposal facilities and establishments using imported scraps as production materials and generating industrial wastewater or discharging garbage water into the environment and required to make environmental impact assessment reports;

d/ Production, business or service establishments other than those specified at Points a, b and c of this Clause, and discharging a wastewater volume of at least 1,000 m3/day calculated according to the designed capacity of their wastewater treatment systems;

dd/ Establishments sanctioned for administrative violations for discharging wastewater in excess of the level prescribed by the environment-related technical regulations and repeating the violation;

e/ Other entities as decided by provincial-level People’s Committees.

3. The entities specified in Clause 2 of this Article shall install continuous automatic wastewater monitoring systems (including continuous automatic monitoring equipment and automatic sampling equipment) with surveillance cameras that can transmit data directly to provincial-level Departments of Natural Resources and Environment before December 31, 2020.

The projects specified in Clause 2 of this Article that are under construction shall install continuous automatic wastewater monitoring systems before being commissioned. In the cases specified at Point dd, Clause 2 of this Article, continuous automatic wastewater monitoring systems shall be installed within the time limit stated in administrative sanctioning decisions. Continuous automatic wastewater monitoring parameters include flow (input and output), temperature, pH, TSS, COD and ammonium;

For projects and establishments engaged in industrial production activities of a scale likely to cause environmental pollution specified in Appendix IIa, Section I of the Appendix to this Decree, sector-based environmental parameters shall be decided by agencies that have approved their environmental impact assessment reports or certified their environmental protection plans;

For cooling water using chlorine or chlorine-based disinfectants, only parameters of flow, temperature and chlorine are required.

4. Continuous automatic wastewater monitoring systems with surveillance cameras shall be tested, inspected and calibrated in accordance with the laws on science and technology, and standards, metrology and quality.

5. Provincial-level Departments of Natural Resources and Environment shall:

a/ Supervise continuous automatic wastewater monitoring data; evaluate continuous automatic wastewater monitoring results by the per diem average value of measurement results compared with the permitted maximum value of pollution parameters prescribed in the technical regulations on wastes; monitor and examine the handling of incidents in case monitoring data are interrupted or supervision parameters are detected to exceed the relevant environment-related technical regulations, and propose handling measures;

b/ Summarize and transmit continuous automatic wastewater monitoring data in their localities to the Ministry of Natural Resources and Environment under regulations and when so requested.

6. Production, business or service establishments other than those specified in Clause 2 of this Article are encouraged to install continuous automatic wastewater monitoring systems to monitor and supervise wastewater and propose environmental improvement solutions for their wastewater treatment systems. These establishments are not required to implement programs on periodical wastewater monitoring in accordance with law.

7. The entities specified in Clause 2 of this Article are not required to carry out periodical wastewater monitoring if having continuous automatic monitoring parameters.

8. Results of periodical wastewater monitoring and continuous automatic wastewater monitoring shall be used to declare and pay environmental protection charge for wastewater.

9. The Ministry of Natural Resources and Environment shall provide technical instructions on periodical wastewater monitoring and continuous automatic wastewater monitoring; and guide special monitoring frequency and parameters and use of continuous automatic wastewater monitoring data.”

21. To amend and supplement Article 45 as follows:

“Article 45.Development and management of databases on industrial emissions

Owners of projects and establishments where industrial emissions are generated and which are subject to inspection and completion certification of environmental protection facilities under Clause 1, Article 17 and Clause 3, Article 22 of Decree No. 18/2015/ND-CP shall develop and manage databases on industrial emissions. A database on industrial emissions consists of measurement data, statistics and inventory on flow, parameters, nature and characteristics of industrial emissions. Project owners and establishment owners shall report on the database development and management in their reports on results of completion of environmental protection facilities and annual environmental protection reports.”

22. To amend and supplement Article 46 as follows:

“Article 46. Discharge of industrial emissions

Projects and establishments where industrial emissions are generated and which are subject to inspection and completion certification of environmental protection facilities under Clause 1, Article 17 and Clause 3, Article 22 of Decree No. 18/2015/ND-CP shall obtain industrial emission discharge permits. Contents of an industrial emission discharge permit are included in certificates of completion of environmental protection facilities, certificates of satisfaction of environmental protection conditions for import of scraps for use as production materials, or hazardous waste treatment permits in accordance with law.”

23. To amend and supplement Article 47 as follows:

“Article 47. Monitoring of industrial emissions

1. Entities subject to, frequency and parameters of, periodical emission monitoring:

a/ Establishments and projects that have been commissioned and are of size and capacity equivalent to those required to make environmental impact assessment reports and have a total flow of emissions discharged into the environment (according to the total designed capacity of their emission treatment systems and equipment or emission flow approved in their environmental impact assessment reports and equivalent dossiers) of at least 5,000 m3/hour are required to carry out periodical exhaust gas monitoring once every 3 months. In case the environment-related technical regulations or regulations on environmental monitoring techniques issued by the Ministry of Natural Resources and Environment prescribe the frequency of monitoring of a number of special pollution parameters applicable to different sectors or fields, such regulations shall be complied with;

b/ Operating establishments and projects that are of size and capacity equivalent to those required to register environmental protection plans and have a total flow of emissions discharged into the environment (according to the total designed capacity of their emission treatment systems and equipment or emission flow registered in their environmental protection plans) of at least 5,000 m3/hour are required to carry out periodical emission monitoring once every 6 months. In case the environment-related technical regulations or regulations on environmental monitoring techniques issued by the Ministry of Natural Resources and Environment prescribe the frequency of monitoring of a number of special pollution parameters applicable to different sectors or fields, such regulations shall be complied with;

c/ Establishments other than those specified at Points a and b of this Clause are encouraged to carry out periodical emission monitoring and use results thereof as a basis for assessment of conformity with the environment-related technical regulations. In case emission parameters exceed those prescribed by the environment-related technical regulations, emission treatment systems and equipment must be re-inspected or exhaust gas treatment systems and equipment shall be renovated or upgraded up to the environment-related technical regulations before emissions are discharged into the environment;

d/ Periodical emission monitoring parameters must conform to the environment-related national or local technical regulations;

dd/ The monitoring of emission flow of large-flow emission treatment systems and equipment specified in Appendix I, Section III of the Appendix to this Decree shall be carried out with emission flowmeters; emission flow of other emission treatment systems and equipment shall be measured with emission monitoring equipment under regulations.

2. Entities required to carry out continuous automatic emission monitoring include:

a/ Projects and establishments on the list of large-flow emission sources provided in Appendix I, Section III of the Appendix to this Decree;

b/ Hazardous waste incinerators; waste incinerators of provincial-level centralized solid waste disposal facilities;

c/ Establishments using imported scraps as production materials and required to make environmental impact assessment reports;

d/ Establishments administratively sanctioned for acts of discharging emissions in excess of the environment-related technical regulations and repeating the violation;

dd/ Other entities as decided by provincial-level People’s Committees.

3. The entities specified in Clause 2 of this Article shall install continuous automatic emission monitoring systems with surveillance cameras that can transmit data directly to provincial-level Departments of Natural Resources and Environment of localities where they are located before December 31, 2020.

The projects specified in Clause 2 of this Article that are under construction shall install continuous automatic emission monitoring systems before being commissioned. For the case specified at Point d, Clause 2 of this Article, a continuous automatic emission monitoring system shall be installed within the time limit stated in the administrative sanctioning decision. Continuous automatic emission monitoring parameters include:

a/ Fixed environmental parameters, including flow, temperature, pressure, residual O2, total dust, SO2, NOxand CO (except where the environment-related technical regulations applicable to certain fields do not require control);

b/ Sector-based environmental parameters stated in environmental impact assessment reports and decisions approving such reports or certified environmental protection plans.

4. Continuous automatic emission monitoring systems with surveillance cameras shall be tested, inspected and calibrated in accordance with the laws on science and technology, and standards, metrology and quality.

5. Provincial-level Departments of Natural Resources and Environment shall:

a/ Monitor continuous automatic emission monitoring data; evaluate continuous automatic emission monitoring results by the per diem average value of measurement results compared with the permitted maximum value of pollution parameters prescribed in the technical regulations on wastes; monitor and examine the handling of incidents in case monitoring data are interrupted or monitoring parameters are detected to exceed the relevant environment-related technical regulations, and propose handling measures under regulations;

b/ Summarize and transmit continuous automatic emission monitoring data in their localities to the Ministry of Natural Resources and Environment under regulations and when so requested.

6. Production, business or service establishments other than those specified in Clause 2 of this Article are encouraged to install continuous automatic emission monitoring systems to monitor and supervise emissions and propose environmental improvement solutions for their emission treatment systems and equipment. These establishments are not required to implement programs on periodical emission monitoring in accordance with law.

7. The entities specified in Clause 2 of this Article are not required to carry out periodical emission monitoring if having continuous automatic monitoring parameters.

8. Results of periodical emission monitoring and continuous automatic emission monitoring shall be used to grant industrial emission discharge permits.

9. The Ministry of Natural Resources and Environment shall provide technical instructions on periodical emission monitoring and continuous automatic emission monitoring; and guide the use of continuous automatic emission monitoring data.”

24. To amend and supplement Article 48 as follows:

“Article 48. Responsibilities of the Minister of Natural Resources and Environment in the management of industrial emissions

The Minister of Natural Resources and Environment shall prescribe emission sources, special continuous automatic emission monitoring parameters, technical requirements and connection standards for continuous automatic industrial emission monitoring data.”

25. To add the following Article 52a:

“Article 52a. Special wastes from mineral mining

1. Sludge generated, liquid wastes recovered and ores left from ore sorting activities shall be managed and disposed of in accordance with the law on environmental protection or stored in ore tailings reservoirs in accordance with the mineral law, thus preventing environmental pollution.

2. Reservoirs for keeping ore tailings and sludge discharged from the ore sorting process shall be designed to be stable and resistant to overspill, impermeability, subsidence, and leakage of wastes into the environment and to satisfy the standards and technical regulations on construction and relevant standards and technical regulations.

3. Owners of mineral mining establishments shall formulate plans on salvage extraction of residual ores in ore tailings reservoirs. In case salvage extraction is not permitted, ore tailings in reservoirs shall be managed under the regulations on waste management and such owners shall make plans on environmental improvement and restoration in accordance with law.”

26. To add the following Article 52b:

“Article 52b. Management of ash, slag and plaster of thermal power plants, chemical and fertilizer factories, steel mills and other establishments

1. Ash, slag and plaster shall be classified and sorted. In case ash, slag and plaster are not hazardous wastes and satisfy standards and technical regulations and instructions issued by competent agencies, they may be used as materials for the production of construction materials, ground filling and leveling or in construction works and shall be managed like construction materials. In case no standard, technical regulation or instruction is available, a relevant standard of the EU, US, Japan or the Republic of Korea may be applied.

2. It is encouraged to use ash, slag and plaster classified as ordinary industrial wastes for the restitution of areas where mineral mining is completed in accordance with the mineral law and the law environmental protection.

3. The Ministry of Construction shall issue technical regulations and technical instructions on processing and use of ash, slag and plaster as materials for the production of construction materials, ground filling and leveling or in construction works; formulate national standards on processing and use of ash, slag and plaster as materials for the production of construction materials, ground filling and leveling or in construction works, then send them to the Ministry of Science and Technology for declaration in accordance with law.

4. The Ministry of Natural Resources and Environment shall issue technical regulations and technical instructions on processing and use of ash, slag, plaster, other ordinary industrial wastes and hazardous wastes for the restitution of areas where mineral mining is completed in accordance with the mineral law and up to the environmental protection requirements. In case no technical regulation or instruction is available, a relevant standard of the EU, US, Japan or the Republic of Korea may be applied.”

27. To add the following Article 54a:

“Article 54a. Periodical environmental monitoring by production, business or service establishments and industrial parks

1. Entities required to carry out periodical environmental monitoring include:

a/ Entities required to carry out periodical wastewater monitoring specified at Points a, b and c, Clause 1, Article 39 of this Decree;

b/ Entities required to carry out periodical emission monitoring specified at Points a and b, Clause 1, Article 47 of this Decree;

c/ Entities required to sort sludge and solid wastes containing one-star hazardous elements for management under the regulations on management of hazardous wastes;

d/ Seriously polluting establishments specified in Clause 4, Article 33 of Decree No. 19/2015/ND-CP, which are required to carry out the monitoring of polluting environmental elements. Environmental elements, monitoring frequency and parameters shall be stated in administrative sanctioning decisions or decisions of competent state agencies approving environmental impact assessment reports or certifying registrations of environmental protection plans.

2. An entity specified in Clause 1 of this Article shall make a periodical environmental monitoring plan for every year (below referred to as plan) and send it to the provincial-level Department of Natural Resources and Environment before December 31 of the preceding year for monitoring and supervision. In case a ministry or ministerial-level agency has the competence to approve environmental impact assessment reports, such plan shall also be sent to the Ministry of Natural Resources and Environment. A plan shall be made based on the following contents:

a/ Periodical environmental monitoring and surveillance program in the environmental impact assessment report and decision approving such report, certified environmental protection plan or equivalent dossiers or periodical environmental monitoring and surveillance program modified to suit practical operation of the project, establishment or industrial park stated in the certificate of completion of environmental protection facility, certificate of satisfaction of environmental protection conditions in the import of scraps for use as production materials, hazardous waste disposal permit or other relevant certificates or documents;

b/ Generated wastes by source and discharge place; environmental elements subject to monitoring; periodical environmental monitoring frequency and parameters.

3. Periodical environmental monitoring service providers shall take responsibility before law for the accuracy of environmental monitoring results.

4. Responsibilities of provincial-level Departments of Natural Resources and Environment:

a/ To monitor and supervise the periodical environmental monitoring in their localities; to organize extraordinary inspection in case of necessity;

b/ To invite, when necessary, capable independent assessment units as prescribed by law to cross-check waste samples taken by environmental monitoring service providers. Environmental monitoring results of independent assessment units are of legal validity. Monitoring expenses shall be covered by the Departments’ annual non-business spending sources for environmental activities. Waste samples exceeding the technical regulations on wastes shall be used for administrative sanctioning under the Decree on sanctioning of administrative violations in the field of environmental protection;

c/ To evaluate environmental monitoring results. In case waste monitoring results exceed the environment-related technical regulations, to issue a (first-time) warning and request the entities specified in Clause 1 of this Article to review their operation process and environmental protection facilities in order to make plans to adjust, renovate or upgrade them (when necessary), ensuring wastes are treated up to the environment-related technical regulations before being discharged. In case self-monitoring results still exceed the environment-related technical regulations, violators shall be handled in accordance with law.

5. Responsibilities of organizations and individuals eligible for periodical environmental monitoring

a/ To make plans under Clause 2 of this Article and take total responsibility for the accuracy of their plans;

b/ To recommend units that are capable as prescribed by law to carry out periodical environmental monitoring for their establishments or industrial parks;

c/ To use industrial wastewater monitoring results to declare and pay environmental protection charge under regulations;

d/ To use periodical environmental monitoring results to make annual reports on environmental protection and for other purposes in accordance with law.

6. The Ministry of Natural Resources and Environment shall provide technical instructions on periodical environmental monitoring prescribed in this Article.”

28. To amend and supplement Article 55 as follows:

“Article 55. Scraps imported from overseas into Vietnam and entities entitled to import scraps for use as production materials

1. Scraps to be imported for use as production materials must satisfy the requirements prescribed in Clause 1, Article 76 of the Law on Environmental Protection. Scrap importers may choose to carry out the customs procedures at customs offices managing border gates of importation or customs offices in places where factories or production establishments using imported scraps (below collectively referred to as production establishments) are located; and choose places of quality inspection of imported scraps at border gates of importation or customs offices in places where production establishments are located or at production establishments. Imported scraps may only be unloaded onto ports when satisfying the following requirements:

a/ Organizations or individuals receiving cargoes in e-manifests have valid certificates of satisfaction of environmental protection conditions in the import of scraps for use as production materials and still have volumes of imported scraps;

b/ Organizations or individuals receiving cargoes in e-manifests have a certificate of security deposits for imported scraps, for those stated in e-manifests under Point b, Clause 3, Article 57 of this Decree.

Customs offices shall verify information specified at Points a and b of this Clause before permitting unloading of scraps onto ports.

2. Owners of establishments using imported scraps and satisfying the following requirements may import scraps for use as production materials:

a/ Satisfying the environmental protection requirements and discharging the environmental protection responsibilities prescribed in Clauses 2 and 3, Article 76 of the Law on Environmental Protection;

b/ Having their environmental impact assessment reports approved by the Ministry of Natural Resources and Environment, which have a content on the use of imported scraps as production materials, and having been granted a certificate of completion of environmental protection facilities or hazardous waste disposal permit, which have a content on the use of imported scraps for use as production materials, for commissioned projects.

Projects under construction must satisfy the requirements prescribed in Articles 16b and 17 of Decree No. 18/2005/ND-CP.

c/ Having a certificate of satisfaction of environmental protection conditions in the import of scraps for use as production materials as prescribed by law.”

29. To amend and supplement Article 56 as follows:

“Article 56. Environmental protection conditions in the import of scraps for use as production materials

1. Conditions on warehouses or yards for storing imported scraps

a/ A warehouse for storing imported scraps must:

- Have a rainwater collection system; a system for collecting and measures for treating wastewater generated in the storage process up to the environment-related technical regulations;

- Have an appropriate ground elevation to keep the warehouse’s ground inundation-free; floor surface designed to prevent rainwater spillover from outside; and tight and crack-free floors made of water-proof materials which can endure the calculated highest load of scraps;

- Have walls and partition walls made of fire-proof materials; light-tight and rainwater-proof roofs made of fire-proof materials for the whole storage area; and wind-shielding measures or designs.

b/ A yard for storing imported scraps must:

- Have a system for collecting rainwater and preventing rainwater spillover and for collecting and treating wastewater generated in the storage process up to the environment-related technical regulations;

- Have an appropriate ground elevation to keep the yard’s ground inundation-free; and tight and crack-free floors made of water-proof materials which can endure the calculated highest load of scraps;

- Have measures to minimize dust generation.

2. Establishments must have technologies and equipment for recycling or reusing scraps which satisfy the prescribed technical requirements and management process.

3. Establishments must have technologies and equipment for removing impurities from scraps which satisfy the environment-related technical regulations. In case such technologies and equipment are not available, the establishments shall transfer scraps to units with appropriate functions for disposal.

4. Establishments shall pay security deposits for imported scraps as prescribed in this Decree.

5. Establishments shall make written commitments on re-export or disposal of imported scraps which fail to satisfy the environmental protection requirements.

6. Establishments may only importing scraps for use as production materials according to their designed production capacity. They shall refrain from importing scraps just for preliminary processing and resale. From January 1, 2025, establishments using imported scraps as production materials may only import scraps to meet up to 80% of their designed production capacity and shall purchase scraps at home to meet the remaining 20% of their designed production capacity.

Establishments may only import plastic scraps for use as materials for production of products and goods other than commercial recycled plastic granules, except projects for which investment policy has been approved or investment certificates have been granted and operating production establishments permitted to import plastic scraps to produce commercial recycled plastic granules through December 31, 2024.

Establishments may only import paper scraps for use as materials for production of products and goods other than commercial recycled paper pulp.

7. Establishments may enter into contracts directly with foreign suppliers of scraps to be imported for use as production materials.”

30. To add the following Article 56b:

“Article 56b. Competence and procedures for grant, re-grant and revocation of certificates of satisfaction of environmental protection conditions in the import of scraps

1. The Ministry of Natural Resources and Environment shall grant, re-grant and revoke certificates of satisfaction of environmental protection conditions in the import of scraps for use as production materials (below referred to as certificates).

2. A dossier of application for a certificate must comprise:

a/ An application for a certificate, made according to Form No. 1 provided in Appendix VI, Section III of the Appendix to this Decree;

b/ A report on environmental protection conditions in the import of scraps for use as production materials, made according to Form No. 2 provided in Appendix VI, Section III of the Appendix to this Decree;

c/ A copy of the applying enterprise’s business registration certificate or enterprise registration certificate and tax identification number registration certificate;

d/ A copy of the decision approving the environmental impact assessment report;

dd/ A copy of the provincial-level specialized agency in charge of environmental protection’s notice of the result of inspection of waste treatment facilities for trial operation by the project owner as prescribed at Point a, Clause 6, Article 16b of Decree No. 18/2015/ND-CP (only required for projects on trial operation);

e/ A copy of the provincial-level specialized agency in charge of environmental protection’s notice of the result of inspection of trial operation of the project’s waste treatment facilities as prescribed at Point d, Clause 6, Article 16b of Decree No. 18/2015/ND-CP (only required for new projects whose trial operation is completed);

g/ A copy of one of the following papers: certificate of completion of environmental protection facilities or hazardous waste treatment license or certificate of satisfaction of environmental protection conditions in scrap import, in case of requesting re-grant of a certificate;

h/ Copies of contracts on handover and disposal of impurities and wastes signed with units having appropriate functions (in case the applying enterprise does not possess technologies and equipment to dispose of impurities mixed in imported scraps and generated wastes);

i/ A written commitment on re-export or disposal or destruction of violating imported scraps, made according to Form No. 3 provided in Appendix VI, Section III of the Appendix to this Decree.

3. Order and procedures for inspection and time limit for grant of a certificate

a/ An organization or individual that imports scraps for use as production materials shall prepare e-documents (a dossier of application for a certificate prescribed in Clause 2 of this Article) and send them to the Ministry of Natural Resources and Environment via the Vietnam National Single Window (VNSW). The process of performing, receiving, exchanging and responding to information, and notifying the result of settlement of, the administrative procedure prescribed in this Clause shall be conducted on the VNSW and the specialized processing system of the Ministry of Natural Resources and Environment according to regulations on performance of administrative procedures under the national single-window mechanism and the ASEAN single-window mechanism and specialized inspection of imports and exports;

b/ Within 5 working days after receiving a complete and valid dossier, the dossier-receiving agency or authorized agency shall form a team to conduct inspection of the environmental protection conditions in the import of scraps and use of imported scraps as production materials prescribed in Article 56 of this Decree. In case the dossier is incomplete, the dossier-receiving agency or authorized agency shall issue a written notice to the organization or individual, clearly stating the reason and requesting the latter to complete the dossier.

The inspection team shall conduct physical inspection, take and analyze samples of the project’s or establishment’s waste-generating sources for assessment (when necessary, take and analyze combined samples for assessment). Expenses for taking and analyzing samples shall be covered from the proceeds from collection of the charge for grant of certificates. Expenses for taking combined samples shall be paid by the concerned organization or individual. The inspection result shall be written in a record;

c/ In case the organization or individual meets all environmental protection conditions as prescribed, the concerned competent agency shall consider and grant a certificate; in case it/he/she does not meets all the prescribed conditions, the competent agency shall issue a notice requesting the organization or individual to complete the dossier and environmental protection conditions. The organization and individual shall fulfill the requirements stated in the notice and send the completed dossier to the competent agency for consideration; when necessary, the competent agency shall organize re-inspection of environmental protection conditions and then consider and grant a certificate;

d/ The time limit for granting or re-granting a certificate is 25 or 20 working days, respectively, after receiving a complete and valid dossier. The above time limit does not include the time period for dossier completion and waste sample analysis;

dd/ A certificate is valid for 5 years and shall be made according to Form No. 4 provided in Appendix VI, Section III of the Appendix to this Decree.

For a new project, the process of grant a certificate shall replace the process of inspection and certification of completion of environmental protection facilities. This certificate shall replace the certificate of completion of environmental protection facilities.

For a hazardous waste treatment project or facility which conducts production activities together with recycling and reusing scraps as production materials, the process of granting a certificate shall be integrated into the process of granting a hazardous waste treatment license. The licensing agency shall concurrently grant a certificate and a hazardous waste treatment license.

4. Order and procedures for inspection and time limit for granting a certificate for a project on trial operation of waste treatment facilities

a/ An organization or individual that imports scraps for use as production materials shall prepare e-documents (the papers prescribed at Points a, b, c, d, dd, h and i, Clause 2 of this Article) and send them to the Ministry of Natural Resources and Environment via the VNSW. The process of performing, receiving, exchanging and responding to information, and notifying the result of settlement of, the administrative procedure prescribed in this Clause must comply with Point a, Clause 3 of this Article;

b/ Within 15 working days after receiving a complete and valid dossier, the concerned competent agency shall consider and grant a certificate; in case the organization or individual does not satisfy all the prescribed conditions, this agency shall issue a written notice to the organization or individual to request the latter to complete the dossier and environmental protection conditions; when necessary, it may conduct physical inspection of waste treatment facilities before granting a certificate;

c/ A certificate is valid for 1 year so as to facilitate the trial operation of waste treatment facilities and shall be made according to Form No. 04 provided in Appendix VI, Section III of the Appendix to this Decree.

5. At least 90 days before the expiry date of its/his/her certificate, the organization or individual shall submit a dossier comprising the papers prescribed at Points a, b, c, d, g, h and i, Clause 2 of this Article to request re-grant of a certificate. The order and procedures for inspection and re-grant of a certificate must comply with Clause 3 of this Article.

6. In case its/his/her certificate is lost or damaged, the organization or individual shall request in writing the agency having granted the certificate to make a duplicate of the certificate.

7. A certificate shall be revoked in one of the following cases:

a/ The concerned organization or individual commits a violation of environmental protection regulations to an extent that it/he/she is subject to deprivation of the right to use the certificate or suspension from operation under the Government’s regulations on sanctioning of administrative violations in the field of environmental protection and fails to remediate the consequences of the violation though the time limit therefor has expired;

b/ The concerned organization or individual terminates importing scraps for use as production materials or goes bankrupt or is dissolved.

8. The competent agency that has granted a certificate shall issue a decision to revoke such certificate, clearly stating the name of the organization or individual having its/his/her certificate revoked, grounds and reasons for revocation and remedial measures, in case the organization or individual has not yet fulfilled its/his/her responsibilities prescribed in Article 63 of this Decree.

9. In case a scrap-importing organization or individual commits a violation to an extent that it/he/she is subject to deprivation of the right to use the certificate or suspension from operation, the agencies that has granted, re-granted and revoked the certificate and the person competent to decide on the administrative sanction shall publish on their websites and concurrently send the original certificate, revocation decision and sanctioning decision to:

a/ The VNSW;

b/ The Ministry of Finance (the General Department of Customs);

c/ The provincial-level specialized agency in charge of environmental protection of the locality where the production establishment using imported scraps as production material is based;

d/ The agency having granted the certificate, for cases of sanctioning of administrative violations;

dd/ The organization or individual that is granted the certificate.

10. The Ministry of Natural Resources and Environment shall guide the process of inspection and grant of certificates and provide regulations on environmental monitoring techniques prescribed in this Article.”

31. To amend and supplement Article 57 as follows:

“Article 57. Security deposits for imported scraps

1. Purposes and methods of paying security deposits for imported scarps:

a/ The payment of security deposits for imported scrap aims to ensure that scrap-importing organizations and individuals take responsibility for handling environmental risks and pollution which may arise from their imported scrap lots;

b/ Scrap-importing organizations and individuals shall pay deposits at credit institutions where they open transaction accounts. The payment of deposits shall be made for each imported scrap lot or contract containing information and stating the value of the imported scrap lot;

c/ Deposits shall be paid and refunded in Vietnam dong and entitled to interests at a rate agreed between the involved parties in accordance with law from the date of payment.

2. Amounts of security deposits for imported scraps

a/ Organizations and individuals importing iron and steel scraps shall pay a security deposit amount for their imported scraps which equals:

- Ten percent of the total value of each imported scrap lot weighed under 500 tons;

- Fifteen percent of the total value of each imported scrap lot weighed between 500 tons and under 1,000 tons; or,

- Twenty percent of the total value of each imported scrap lot weighed 1,000 tons or over.

b/ Organizations and individuals importing paper and plastic scraps shall pay a security deposit amount for their imported scraps which equals:

- Fifteen percent of the total value of each imported scrap lot weighed under 100 tons;

- Eighteen percent of the total value of each imported scrap lot weighed between 100 tons and under 500 tons;

- Twenty percent of the total value of each imported scrap lot weighed 500 tons or over.

c/ Organizations and individuals importing scraps not mentioned in Clauses 1 and 2 of this Article shall pay an amount of security deposit equaling 10% of the total value of each imported scrap lot.

3. Process of paying security deposits for imported scraps

a/ Scrap-importing organizations and individuals shall pay deposits before imported scraps are unloaded at ports, in case scraps are imported via seaports, or imported into Vietnam’s territory, in other cases;

b/ Upon receiving a deposit from a scrap-importing organization or individual, the concerned credit institution shall make certification of the deposit payment by the importer in the latter’s request for payment of deposit. The certification must clearly state the name of the blocked account; total deposit amount calculated under this Decree; time for refund of the deposit, which is right after the goods are cleared from customs procedures; and duration of account blockage (if any).

The credit institution shall send to the scrap-importing organization or individual 2 original certificates of payment of security deposit for imported scraps. The organization or individual shall send a certificate (a copy scanned from the original with certified digital signature of the organization or individual) to the VNSW and, at the same time, send 1 original to the customs office which carries out customs clearance procedures.

4. Management and use of security deposits for imported scraps

a/ Credit institutions at which organizations and individuals pay security deposits for imported scraps shall block the deposit amounts in accordance with law;

b/ A credit institution having received a deposit shall refund the deposit amount to the concerned scrap-importing organization or individual after receiving the latter’s written request enclosed with information on the serial number of the import customs declaration, in case the imported scrap lot has been cleared from customs procedures, or information on the cancellation of the import customs declaration issued by a customs office or on the completion of the implementation of the decision on re-export or destruction of the imported scrap lot in accordance with the regulations on waste management;

c/ In case an imported scrap lot is not permitted for clearance from customs procedures and cannot be re-exported, the deposit amount shall be used to pay for the disposal and destruction of the violating scrap lot. If the deposit amount is not enough to pay all expenses for disposal and destruction of the violating scrap lot, the concerned scrap-importing organization or individual shall pay these expenses. Valuable products created from the disposal and destruction of the violating imported scrap lot (excluding product parts which are produced from raw materials, additives or other scraps mixed according to the production process of the unit designated to dispose of the violating imported scrap lot) shall be confiscated in accordance with law and may not be accounted as expenses for disposal and destruction of violating imported scraps.

The disposal and destruction of a violating imported scrap lot must comply with regulations on waste management. Expenses for disposal and destruction of the violating imported scrap lot shall be agreed upon between the violator and a unit capable of disposing of violating wastes and scraps; in case of impossibility to identify the violator, the expenses for disposal and destruction of the scrap lot shall be covered by the State in accordance with law. The name of the unit in charge of disposing and destructing a violating importing scrap lot shall be inscribed in the sanctioning decision issued by the concerned provincial-level People’s Committee or a person with administrative sanctioning competence of the Ministry of Natural Resources and Environment, together with measures for remediating the violation in accordance with law;

d/  Within 5 working days after obtaining the written opinion on the completion of the disposal or destruction of the imported scrap lot from the competent agency having imposed the sanction in accordance with the law on sanctioning of administrative violations in the field of environmental protection, the credit institution shall refund the deposit amount left after paying expenses for disposal of the violating imported scrap lot, if any, to the concerned scrap-importing organization or individual.”

32. To replace Article 58 with the following:

“Article 58. Import of scraps outside the list of scraps permitted for import for use as production materials on a trial basis

1. Organizations and individuals wishing to import scraps outside the list of scraps permitted for import for use as production materials on a trial basis shall send a dossier to the Ministry of Natural Resources and Environment via the VNSW for consideration and assessment. The process of performing, receiving, exchanging and responding to information, and notifying the result of settlement of, the administrative procedure prescribed in this Article must comply with Point a, Clause 3, Article 56b of this Decree.

2. A dossier of import of scraps for use as production materials on a trial basis must comprise:

a/ A written request made according to Form No. 05 provided in Appendix VI, Section III of the Appendix to this Decree;

b/ The papers prescribed at Points b, c, d, dd, e, g and h, Clause 2, Article 56b of this Decree;

c/ A copy of the document assessing the need for use of each type of scrap as materials for domestic production and the use of imported scraps as production materials, prepared by the concerned line ministry;

d/ A copy of the slip of the result of analysis of environmental parameters of samples of the scraps proposed for import for use as production materials on a trial basis, made by a certification body registered or recognized in accordance with law, or of the slip of the result provided by an international testing, assessment and certification organization in conformity with international standards;

dd/ Texts of relevant international standards and regulations on quality of imported scraps and other related documents (if any).

3. Within 25 working days after receiving a complete dossier, the Ministry of Natural Resources and Environment shall:

a/ Check  the dossier according to Clause 1 of this Article;

b/ Consult related agencies, if necessary;

c/ Organize inspection of environmental protection conditions at the establishment expected to use imported scraps on a trial basis.

4. Based on the results of implementation of the jobs prescribed in Clause 3 of this Article, if all requirements are met, the Ministry of Natural Resources and Environment shall report to the Prime Minister on the type and quantity of and environmental protection requirements on scraps imported for use on a trial basis and the period of trial use.

5. After obtaining the Prime Minister’s approval, the Ministry of Natural Resources and Environment shall issue a certificate, made according to Form No. 04 provided in Appendix VI, Section III of the Appendix to this Decree. Such certificate shall serve as the ground for the organization or individual to import scraps for use as production materials on a trial basis. The certificate-granting agency shall publish the certificate on its portal and, at the same time, send 1 original certificate to:

a/ The VNSW;

b/ The Ministry of Finance (the General Department of Customs);

c/ The provincial-level specialized agency in charge of environmental protection in the locality where the establishment using imported scraps as production materials on a trial basis is located;

d/ The organization or individual that is granted the certificate.

6. Regulations on scraps imported from foreign countries into Vietnam for use on a trial basis; and the order and procedures for inspection and assessment of quality of imported scraps and customs clearance for lots of scraps imported for use as production materials on a trial basis must comply with Articles 55 and 60 of this Decree. The inspection and assessment of quality of scraps imported for use as production materials on a trial basis must comply with Clause 7 of this Article.

7. Scraps imported for use as production materials on a trial basis must not contain the following impurities:

a/ Chemicals, flammables, explosives, and hazardous medical wastes;

b/ Weapons, bombs, mines, bullets, closed vessels and gas cylinders not yet severed or dismantled in the exporting countries or territories to eliminate fire and explosion risks;

c/ Materials containing or contaminated with radioactive substances to a level exceeding the exemption levels prescribed by the law on radiation safety and control;

d/ Hazardous impurities separated from scraps imported for use on a trial basis must comply with the national technical regulation on hazardous waste thresholds;

dd/ In addition to the requirements mentioned at Points a, b, c and d of this Clause, metal scraps imported for use as production materials on a trial basis must also comply with the law on management of radioactive wastes and used radioactive sources.

8. Within 1 year from the date of starting to use imported scraps as production materials on a trial basis, the Ministry of Natural Resources and Environment shall assess environmental protection conditions of the plant or production establishment using imported scraps as production materials on a trial basis. If all environmental protection conditions are met, the Ministry of Natural Resources and Environment shall propose the Prime Minister to add such scraps to the list of scraps permitted for use as production materials; if the result of trial use of imported scraps shows that the scraps do not meet environmental protection requirements, the ministry shall notify such to the importer, clearly stating the reason.”

33. To replace Article 59 with the following:

“Article 59. Assessment of conformity with environmental technical regulations of scraps imported for use as production materials

1. Bodies conducting assessment of conformity with environmental technical regulations of scraps imported for use as production materials include:

a/ Assessment bodies designated in accordance with law;

b/ Foreign assessment bodies recognized in the accordance with law, for the case prescribed in Clause 6, Article 60 of this Decree.

2. Conformity assessment bodies may provide the service of assessment of conformity with environmental technical regulations in Vietnam’s territory when meeting the conditions prescribed in Clause 5, Article 25 of the Law on Product and Goods Quality, the Government’s Decree No. 74/2018/ND-CP of May 15, 2018, amending and supplementing a number of articles of Decree No. 132/2008/ND-CP of December 31, 2018, detailing a number of articles of the Law on Product and Goods Quality, Decree No. 107/2016/ND-CP of July 1, 2016, prescribing conditions for provision of conformity assessment services, and Decree No. 154/2018/ND-CP of November 9, 2018, amending, supplementing or annulling a number of regulations on conditions for investment and business in the fields under the state management of the Ministry of Science and Technology, and a number of regulations on specialized inspection.

3. The Ministry of Natural Resources and Environment shall provide technical instructions on assessment of conformity with environmental technical regulations and certification and recognition of bodies conducting assessment of conformity with environmental technical regulations for scraps imported for use as production materials prescribed in this Article.”

34. To replace Article 60 with the following:

“Article 60. Order and procedures for quality inspection and assessment and customs clearance for scraps imported for use as production materials

1. An organization or individual that imports scraps for use as production materials shall declare and submit an e-dossier of its/his/her imported scrap lot for performance of customs procedures via the VNSW. The dossier must comprise:

a/ A declaration of the imported scrap lot, made according to Form No. 06 provided in Appendix VI, Section III of the Appendix to this Decree;

b/ Documents on the imported scrap lot: a copy of the contract; list of scraps; copies (certified with the digital signature of the importer) of the bill of lading, invoices and import declaration; certificate of quality (if any), issued by the exporting country; certificate of origin (if any); and photos and descriptions of scraps;

c/ A certificate of payment of security deposit for the imported scrap lot (a copy scanned from the original and certified with the digital signature of the importer).

2. The concerned customs office shall:

a/ Check the validity of the dossier of the imported scrap lot (covering also the volume and import quota of scraps according to the certificate which must remain valid) and permit the organization or individual to bring the imported scrap lot to the place of imported scrap quality inspection it/he/she has selected in accordance with the laws on environmental protection and customs;

b/ Conduct physical inspection of the imported scrap lot in accordance with the customs law; not take samples but inspect the quality of the imported scrap lot according to environmental technical regulations.

3. The designated assessment body shall conduct quality inspection and assessment of the imported scrap lot in accordance with law. This body shall take samples for assessment and inspection of the imported scrap lot under the supervision of the customs office which carries out customs clearance procedures.

The contents of quality inspection and assessment of imported scraps must comply with environmental technical regulations. The random inspection percentage for the inspection scrap lot must comply with the risk management level as prescribed by law but must be at least 10% of the quantity or volume of the scrap lot. The inspection result shall be stated in a record made according to Form No. 07 provided in Appendix VI, Section III of the Appendix to this Decree.

After completing the inspection, the designated assessment body shall issue a certificate of quality assessment for the imported scrap lot, made according to Form No. 08 provided in Appendix VI, Section III of the Appendix to this Decree, and be wholly responsible before law for the assessment result. The assessment body shall send the record of quality inspection and assessment of imported scraps and the certificate of quality assessment of the imported scrap lot (e-documents containing the digital signature or copies scanned from the originals certified with the e-signature of the assessment body) to the VNSW and, at the same time, send the originals to the importer.

4. The concerned customs office shall carry out customs clearance procedures for the imported scrap lot in accordance with law after receiving the certificate of quality assessment stating that the imported scrap lot conforms with the relevant environmental technical regulation.

If there are any complaints, denunciations or signs of violations in the import and quality assessment concerning the imported scrap lot, the customs office shall coordinate with the certificate-granting agency or the provincial-level specialized agency in charge of environmental protection of the locality where the establishment using the imported scraps is based in soliciting a designated independent assessment body to conduct re-assessment of the imported scrap lot. The certificate of re-assessment shall serve as the final legal ground for performance of customs procedures or handling of administrative violations in accordance with law.

The customs office shall share via the VNSW information on the category, volume and quality of the scrap lot imported by the organization or individual for use as production materials and having cleared from customs procedures with the certificate-granting agency and provincial-level specialized agency in charge of environmental protection of the locality where the establishment using the imported scraps is based.

5. Apart from examinations and inspections to be conducted under annual examination and inspection plans, certificate-granting agencies and provincial-level specialized agencies in charge of environmental protection may conduct unscheduled examinations and inspections of the import of scraps, use of imported scraps, and quality inspection and assessment of imported scrap lots in accordance with the law when detecting signs of violations of law, or required by the settlement of complaints and denunciations, or assigned by heads of competent state management agencies.

In case the certificate of assessment of an imported scrap lot does not conform with environmental technical regulations, the concerned customs office shall assume the prime responsibility for, and coordinate with the provincial-level specialized agency in charge of environmental protection and certificate-granting agency (when necessary) in, considering and imposing sanctions on administrative violations in accordance with law.

6. Grant of exemption from quality inspection of scraps imported for use as production materials

a/ An organization or individuals that imports scraps for use as production materials and meets all the following conditions will be exempt from quality inspection of imported scraps within the validity period of its/his/her certificate:

- The imported scraps have the same name, category, technical specifications and origin and are provided by a single supplier of an exporting country, or are accompanied with certificates of quality certification or assessment issued by a foreign certification or assessment body recognized in accordance with law;

- After 5 consecutive times of import of scrap lots with each lot accompanied with a certificate of quality assessment stating its conformity with environmental technical regulations for each import, the organization or individual shall be granted a certificate of exemption from quality inspection of the scraps by the Ministry of Natural Resources and Environment;

b/ The organization and individual prescribed at Point a of this Clause shall make a e-dossier of request for exemption from quality inspection of imported scraps and send it to the Ministry of Natural Resources and Environment via the VNSW. The dossier must comprise:

- A written request for exemption from quality inspection of imported scraps, made according to Form No. 09 provided in Appendix VI, Section III of the Appendix to this Decree;

- The certificates of quality assessment stating the conformity with environmental technical regulations of the quality of 5 consecutive imported scrap lots (copies scanned from the originals and certified with the digital signature of the importing organization and individual).

The process of performing, receiving, exchanging and responding to information, and notifying the results of settlement of, the administrative procedure prescribed in this Clause must comply with Point a, Clause 3, Article 56b of this Decree;

c/ Within 5 working days after receiving a dossier of request, if the dossier is invalid, the Ministry of Natural Resources and Environment or agency authorized to process the dossier shall issue a notice to the importing organization or individual, stating the reason, and request the latter to complete the dossier.

Within 15 working days after receiving a valid dossier, the Ministry of Natural Resources and Environment or agency authorized to process the dossier shall issue a certificate of exemption from or reduction of quality inspection of imported scraps, made according to Form No. 10 provided in Appendix VI, Section III of the Appendix to this Decree. In case of refusal, the agency competent to make certification shall issue a written reply clearly stating the reason. This agency shall publish on its website the certificate of exemption from or reduction of quality inspection of imported scraps and, at the same time, send the original to the VNSW, the Ministry of Finance (the General Department of Customs), provincial-level specialized agency in charge of environmental protection in the locality where the establishment using imported scraps as production materials is based, and the organization or individual that is granted the certificate;

d/ The certificate of exemption from quality inspection of imported scraps shall serve as a basis for the customs office to carry out customs clearance procedures for the scrap lot;

dd/ During the period of exemption from quality inspection of imported scraps:

- Once every 3 months, the organization or individual importing scraps for use as production materials shall send a report on import activities, made according to Form No. 12  provided in Appendix VI, Section III of the Appendix to this Decree, enclosed with the result slip of assessment of conformity with environmental technical regulations of the imported scrap lot, to the agency having issued the certificate and the provincial-level specialized agency in charge of environmental protection in the locality where the establishment using imported scraps as production materials is based for monitoring and post-licensing inspection;

- The Ministry of Natural Resources and Environment or authorized agency and provincial-level specialized agency in charge of environmental protection in the locality where the establishment using imported scraps as production materials is based may conduct unscheduled inspection of imported scrap lots if detecting signs of violations or receiving complaints or denunciations about the quality of imported scraps;

e/ During the period of inspection exemption, if detecting that scraps imported for use as production materials do not conform with environmental technical regulations, or receiving complaints and denunciations about conformity assessment results which are verified as accurate, or seeing that the conformity assessment result is unsatisfactory through an unscheduled inspection, the Ministry of Natural Resources and Environment or authorized agency shall issue a notice of suspension of the inspection exemption mechanism.

An organization or individual that violates regulations on environmental protection in the import of scraps for use as production materials shall be sanctioned in accordance with law and not entitled to inspection exemption for 1 year, counting from the date the sanctioning decision is fully executed.”

35. To amend and supplement Article 61 as follows:

“Article 61. Responsibilities of ministries and ministerial-level agencies

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

a/ To assume the prime responsibility for, and coordinate with related agencies in, organizing the implementation of this Decree; to conduct examination and inspection and handle violations in the import of scraps and use of imported scraps as production materials in accordance with law;

b/ To propose the Prime Minister to consider and approve the import of scraps for use on a trial basis and decide on the adjustment and supplementation of the list of scraps permitted for import from overseas for use as production materials;

c/ To publish on its portal and the portals of its related attached units a list of conformity assessment bodies certified, certification bodies registered or recognized, and certification and assessment bodies designated to conduct assessment of conformity with environmental technical regulations of imported scraps; a list of organizations and individuals which are granted certificates of satisfaction of environmental protection conditions in the import of scraps for use as production materials or have such certificates re-granted or revoked; and a list of scrap-importing organizations and individuals that violate regulations on environmental protection;

d/ To formulate and promulgate environmental technical regulations applicable to scraps imported for use as production materials in accordance with this Decree; to guide the implementation of regulations referred to in this Decree and their amending, supplementing or replacing texts according to regulations.

2. Responsibilities of the Ministry of Science and Technology:

a/ To publish on its portal a list of conformity assessment bodies which have been granted by the Ministry of Science and Technology a certificate of registration of provision of conformity assessment services in accordance with the regulations on conditions for provision of conformity assessment services;

b/ To appraise environment-related national technical regulations applicable to imported scraps in accordance with law;

c/ To coordinate with the Ministry of Natural Resources and Environment and related ministries and sectors in conducting inspection and examination and handling violations (if any) committed by organizations and individuals engaged in the import of scraps in accordance with law.

3. Responsibilities of the Ministry of Finance:

a/ To direct the General Department of Customs to guide shipping firms, shipping agents and related agencies to provide sufficient information, dossiers and documents as required to this Decree when filling in e-manifests for imported scraps; after each imported scrap lot is cleared from customs procedures, to summarize information and publish on the VNSW a report on the import of scraps for use as production materials by organizations and individuals by their category, volume, remaining import quotas, and quality;

b/ To promptly detect, and coordinate with the Ministry of Natural Resources and Environment and related ministries and sectors in, preventing the import of scraps failing to meet environmental protection requirements into Vietnam’s territory; to guide and direct customs offices to dispose of and destroy imported scraps violating regulations on environmental protection according to competence; to handle violations of the law on environmental protection in the import of scraps according to its competence;

c/ To coordinate with the Ministry of Natural Resources and Environment and provincial-level People’s Committees in guiding, inspecting and handling in accordance with law organizations and individuals that import paper and plastic scraps for preliminary processing or sale or for production of recycled pulps or plastic granules in contravention of this Decree.

4. Responsibilities of the Ministry of Industry and Trade:

a/ To promulgate according to its competence the list of imported scraps and wastes temporarily suspended from temporary import for re-export or border-gate transfer in accordance with law;

b/ To assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, assessing the need for use of scraps as domestic production materials and the need for import of scraps from overseas for use a basis for adjustment of the list of scraps permitted to be imported from overseas in each development period of the country;

c/ To coordinate with the Ministry of Natural Resources and Environment and related ministries and sectors in organizing examination and inspection and handling violations of environmental protection regulations in the import of scraps and use of imported scarps in accordance with law.

5. The Ministries of Transport; Public Security; and National Defense and related ministries and sectors shall, based on their assigned functions and tasks, coordinate with the Ministry of Finance and Ministry of Natural Resources and Environment in organizing the implementation of this Decree.”

36. To amend and supplement Article 62 as follows:

“Article 62. Responsibilities of provincial-level People’s Committees

1. Provincial-level People’s Committees of the localities where plants and production establishments using scraps as production materials are based shall:

a/ Organize the inspection of the implementation of the law on environmental protection by organizations and individuals that import scraps and use imported scraps as production materials in their localities;

b/ When necessary, promulgate regulations on interdisciplinary coordination in the import of scraps for use as production materials in their localities;

c/ Every year, make a report on the management of the import of scraps and use of imported scraps as production materials by organizations and individuals in their localities according to made according to Form No. 11 provided in Appendix VI, Section III of the Appendix to this Decree and send it to the Ministry of Natural Resources and Environment before March 1 of the subsequent year.

2. Provincial-level People’s Committees of the localities where exist import border gates shall coordinate with provincial-level People’s Committees of the localities where production establishments using imported scraps are based and border-gate customs offices in handling imported scrap lots that violate regulations on environmental protection in accordance with law.”

37. To amend and supplement Article 63 as follows:

“Article 63. Responsibilities of scrap-importing organizations and individuals

1. To comply with regulations on environmental protection in the import of scraps.

2. Organizations and individuals that import scraps and use imported scraps as production materials shall:

a/ Import scraps of the category and in the quantity stated in the certificate;

b/ Use the whole quantity of imported scraps as materials for producing products and goods at their establishments in accordance with this Decree;

c/ Identify and classify wastes generated from the process of using imported scraps so as to work out appropriate waste treatment plans;

d/ Annually, make reports on the import of scraps and use of imported scraps in the year and on related environmental issues according to Form No. 12  provided in Appendix VI, Section III of the Appendix to this Decree and send them before January 31 of the following year to provincial-level Departments of Natural Resources and Environment of the localities where their production establishments are based for summarization and reporting; and at the same time, send such reports to the agencies having granted the certificate of satisfaction of environmental protection conditions in the import of scraps for use as production materials.

3. Organizations and individuals that import scraps for use as production materials on a trial basis shall:

a/ Import scraps of the category and in the quantity permitted for import for use as production materials on a trial basis as stated in the certificate;

b/ Use the whole quantity or volume of imported scraps as production materials on a trial basis at their establishments;

c/ Identify and classify wastes generated from the process of using imported scraps so as to work out appropriate waste treatment plans;

d/ Make reports on the import of scraps and use of imported scraps for use as production materials on a trial basis according to Form No. 13  provided in Appendix VI, Section III of the Appendix to this Decree and send them to the Ministry of Natural Resources and Environment.

4. To be held responsible before law the import of scraps and use of imported scraps as production materials; to coordinate with trade associations in implementing environmental protection work according to regulations; to pay all expenses for disposal of violating imported scraps in accordance with this Decree.”

38. To add the following Article 63a:

“Article 63a. Regulations on destruction of temporarily imported cars, motorcycles and mopeds of vehicle owners or units entitled to privileges and immunities in Vietnam (below referred to as destruction of vehicles eligible for privileges and immunities)

1. Vehicle owners or units that have to-be-destroyed vehicles eligible for privileges and immunities shall sign contracts with hazardous waste treatment facilities having a hazardous waste treatment license in accordance with law.

2. Vehicle owners or units that have to-be-destroyed vehicles eligible for privileges and immunities shall make a written request for supervision of the destruction of vehicles according to Form No. 01 provided in Appendix VII, Section III of the Appendix to this Decree and send it to the concerned customs office and provincial-level People’s Committees of the localities where the concerned hazardous waste treatment facilities are based at least 10 (ten) working days in advance for organization of the supervision of the destruction.

3. The destruction of vehicles eligible for privileges and immunities shall be supervised by representatives of provincial-level Departments of Natural Resources and Environment of the localities where hazardous waste treatment facilities conducting the destruction of these vehicles are based and customs offices having granted temporary import permits for these vehicles.

4. The process of destruction of vehicles eligible for privileges and immunities includes: destroying chassis numbers and engine numbers and dismantling vehicles into wastes for further treatment for different purposes (including also recycling, co-disposal and recovery of energy from wastes). Destruction-supervising agencies shall witness the whole process of cutting down engines (including engine numbers) and dismantling chassis (including chassis numbers) until seeing that vehicle engines and chassis cannot be further used for their original use purposes.

5. After the process of destruction of vehicles prescribed in Clause 4 of this Article is completed, destruction-supervising agencies, vehicle owners and waste treatment units shall make a record of destruction of vehicles eligible for privileges and immunities according to Form No. 02 provided in Appendix VII, Section III of the Appendix to this Decree. Such record shall serve as a basis for customs offices to liquidate permits for temporary import of cars and motorbikes according to regulations on temporary import, re-export, destruction and transfer of cars and motorbikes by subjects entitled to privileges and immunities in Vietnam.

6. Hazardous waste treatment facilities shall further destroy vehicles eligible for privileges and immunities and report the result of the destruction in their annual reports on management of hazardous wastes according to regulations.”

39. To amend and supplement Article 64 as follows:

“Article 64. Transitional provisions

1. Organizations and individuals that have been granted hazardous waste source owner registration books before the effective date of this Decree may continue using such books.

2. Organizations and individuals that have been granted hazardous waste management permits or hazardous waste treatment permits before the effective date of this Decree may continue using such permits until their expiry dates. In case the remaining validity period of its hazardous waste treatment permit is less than 12 months, counted from the effective date of this Decree counting from the effective date of this Decree, and the organization or individual fails to meet the requirements prescribed in Clause 1, Article 9 of this Decree, it/he/she may have the permit renewed or re-granted within 1 year after the permit expires; past this time limit, the organization or individual shall renovate and upgrade waste treatment facilities and improve technologies toward environmental friendliness and may be considered for grant of a hazardous waste treatment license only when meeting the requirements prescribed in this Decree.

3. Household solid waste treatment facilities and ordinary industrial solid waste treatment facilities that have environmental impact assessment reports approved shall make a dossier of request for inspection and certification of completion of environmental protection facilities in replacement of the procedure for inspection and certification of satisfaction of environmental protection requirements.

4. An organization or individual that directly uses imported scraps as production materials and has been granted a certificate before the effective date of this Decree may continue importing scraps until such certificate expires. In case its/his/her certificate has expired or remains valid for less than 12 months or in case the establishment has submitted a dossier of application for a certificate before the effective date of this Decree but its/his/her dossier has not yet been supplemented as prescribed at Point b, Clause 2, Article 55 of this Decree, it/he/she may have the certificate renewed or re-granted within 1 year after the expiry date of the certificate or be granted a new one within 1 year. Past this time limit, the organization and individual shall renovate and upgrade waste treatment facilities and improve production technologies toward environmental friendliness and may be considered for grant of a certificate only when meeting the requirements prescribed in this Decree. Certificates granted to organizations and individuals entrusted to import scraps shall be invalidated on the effective date of this Decree.

5. Regulations on periodical environmental monitoring in this Decree shall be implemented from January 1, 2020.”

Article 4.To amend and supplement a number of articles of the Government’s Decree No. 127/2014/ND-CP of December 31, 2014, providing conditions on organizations providing environmental monitoring services

1. To supplement Clause 4, Article 8 as follows:

“4. Having a certificate of registration for testing activities relevant to the environmental sector granted by a competent agency under the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, providing conditions for provision of conformity assessment services.”

2. To supplement Clause 4, Article 9 as follows:

“4. Having a certificate of registration for testing activities relevant to the environmental sector granted by a competent agency under the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, providing conditions for provision of conformity assessment services.”

3. To amend and supplement Article 10 as follows:

“Article 10. Change of contents related to conditions for provision of environmental monitoring services

1. Before changing contents related to the conditions prescribed in Clause 2 or 3, Article 8, or Clause 2 or 3, Article 9, of this Decree, organizations shall notify such in writing to the Ministry of Natural Resources and Environment.

2. Within 15 working days after receiving a written notice from the organization, if disapproving the change, the Ministry of Natural Resources and Environment shall issue a written reply, clearly stating the reason.”

4. To amend Section IV, Part A, Form No. 2 provided in the Appendix as follows:

“To add the phrase “or a duplicate from the master register or a copy enclosed with the original for comparison” to the fourth line of Section IV, specifically as follows:

“IV. Contact person

Address: ......................................................................................

Telephone number: ........................ Fax number: ........................

Email: ...........................................................................................

The original or a certified copy or a duplicate from the master register or a notarized copy or a copy enclosed with the original for comparison of, a competent authority’s decision defining the functions and tasks of the organization or business registration certificate or investment certificate; for foreign enterprises, decision on establishment of a Vietnam-based representative office or branch is also required (in case the individual or organization submits the dossier directly to the agency).”

5. To amend Point b, Section I, Part B of Form No. 2 provided in the Appendix as follows:

“To add the phrase “or a notarized copy or a duplicate from the master register or a copy enclosed with the original for comparison” to the sixth line of Point 2,  Section I, Part B, Form No. 2, specifically as follows:

“2. Personnel

List of persons conducting on-site monitoring:

No.

Full name

Year of birth

Gender

Position
(in the organization)

Qualifications

Number of years of working in the sector

1

 

 

 

 

 

 

 

 

 

 

 

 

 

(The original or a certified copies or notarized copies or duplicates from the master registers or copies enclosed with the originals for comparison of, diplomas, certificates and labor contracts or recruitment decisions).”

6. To amend Point 2, Section II, Part B, Form No. 2 provided in the Appendix as follows:

“To add the phrase “or a notarized copy or a duplicate from the master register or a copy enclosed with the original for comparison” to the seventh line of Point 2,  Section II, Part B, Form No. 2,  specifically as follows:

“2. Personnel

List of persons conducting analysis at labs:

No.

Full name

Year of birth

Gender

Position

Qualifications

Number of years of working in the sector

1

 

 

 

 

 

 

 

 

 

 

 

 

 

(The original or certified copies or notarized copies or duplicates form the master registers or copies enclosed with the originals for comparison of, diplomas, certificates and labor contracts or recruitment decisions).”

7.To remove the phrase “working environment air” in the forms provided in the Appendix: second em rule, Point b, Section 6 of Form No. 1; second em rule, Point b, Section 8 of Form No. 4; second plus sign, second em rule, Point b, Section 6 of Form No. 5.

Article 5.Transitional provisions

1. Dossiers which have been received before the effective date of this Decree (except transitional articles and clauses prescribed in Article 22 of Decree No. 18/2015/ND-CP and Article 64 of Decree No. 38/2015/ND-CP) shall be further processed in accordance with the Decrees effective at the time of receipt, unless concerned organizations and individuals request the application of this Decree.

2. Periodical reports of project owners, establishments and industrial parks on periodical environmental monitoring and surveillance; continuous automatic monitoring, household solid waste management, ordinary industrial solid waste management, hazardous solid waste management, management of imported scraps, results of environmental surveillance and restoration in mineral mining, and environmental monitoring services, and other environmental reports shall be integrated into a report on environmental protection work guided by the Ministry of Natural Resources and Environment.

Article 6.Effect

1. This Decree takes effect on July 1, 2019.

2. This Decree annuls Article 11 of the Government’s Decree No. 18/2015/ND-CP of February 14, 2015, on environmental protection master plan, strategic environmental assessment, environmental impact assessment, and environmental protection plan; Articles 26, 27, 28, 29, 30, 34, 35, and 36, and Clauses 3, 4, 5, and 6, Article 55 of, and Appendix V to the Government’s Decree No. 19/2015/ND-CP of February 14, 2015, detailing a number of articles of the Law on Environmental Protection; and Clauses 5 and 9, Article 9, Points a and b, Clause 1, Article 27, Article 38, Article 41, Point b, Clause 1, Article 43, and Clause 3, Article 44, of the Government’s Decree No. 38/2015/ND-CP of April 24, 2015, providing waste and scrap management.

Article 7.Implementation responsibility

1. Ministries, ministerial-level agencies, government-attached agencies, and provincial-level People’s Committees shall guide the implementation of articles and clauses as assigned in this Decree and review documents they have promulgated for amendment, supplementation or replacement in conformity with this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committee at all levels, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.

 



[1]Công Báo Nos 449-450 (24/5/2019)

Please log in to a subscriber account to see the full text. Don’t have an account? Register here
Please log in to a subscriber account to see the full text. Don’t have an account? Register here
Processing, please wait...
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency

ENGLISH DOCUMENTS

Official Gazette
Decree 40/2019/NĐ-CP DOC (Word)

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

Decree 40/2019/NĐ-CP PDF

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

* Note: To view documents downloaded from LuatVietnam.vn, please install DOC, DOCX and PDF file readers
For further support, please call 19006192

SAME CATEGORY

loading