Official Dispatch 9368/BTNMT-KSONMT 2023 technical guidance on classification of domestic solid waste

To: People's Committees of provinces and centrally-run cities

The task of domestic solid waste management has been stipulated in the Law on Environmental Protection 2020 and Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government detailing a number of articles of the Law on Environmental Protection (Decree No. 08/2022/ND-CP). Accordingly, the responsibilities of the People's Committees of provinces and centrally-run cities and the Ministry of Natural Resources and Environment are assigned as follows:

The People's Committees of provinces and centrally-run cities are responsible for: Making decisions on the specific classification of other domestic solid waste according to the guidance of the Ministry of Natural Resources and Environment (Clause 2, Article 75); Arranging premises for gathering places and transshipment stations for domestic solid waste to meet environmental protection requirements according to regulations of the Ministry of Natural Resources and Environment (Clause 2, Article 76); Selecting facilities to collect and transport domestic solid waste (Clause 1, Article 77); Selecting domestic solid waste treatment facilities (Clause 2, Article 78); Planning and allocating land funds for domestic solid waste treatment zones, timely implementing land allocation to deploy construction and operation of the domestic solid waste treatment zones in their own areas; Allocating funds for investment in construction and operation of systems for collection, storage, transfer, transportation and treatment of domestic solid waste; Systematizing public constructions, measures, and equipment serving the management of domestic solid waste in the area (Clause 6, Article 78); Providing detailed regulations on the management of domestic solid waste of households and individuals in the area; Regulating specific charges for domestic solid waste collection, transportation and treatment services; Specifying the forms and levels of payment by households and individuals for the collection, transportation and treatment of domestic solid waste based on the quantity or volume of classified waste (Clause 6, Article 79).

The Ministry of Natural Resources and Environment is responsible for: Promulgating technical requirements on environmental protection for domestic solid waste gathering places and transshipment stations (Clause 2, Article 76); Regulating technical requirements on environmental protection for domestic solid waste transportation vehicles; Promulgating criteria on domestic solid waste treatment technology; Developing guidelines on valuation methods for domestic solid waste treatment services; Regulating economic and technical norms on collection, transportation and treatment of domestic solid waste; Providing technical guidance on classifying domestic solid waste; Guiding the implementation of regulations in Clause 1, Article 79 of the Law on Environmental Protection (Clause 5, Article 79); Implementing instructions for closing domestic solid waste burial sites (Clause 4, Article 80).

For the guidance of the Law on Environmental Protection 2020, Decree No. 08/2022/ND-CP, the Ministry of Natural Resources and Environment issued Circular No. 02/2022/TT-BTNMT dated January 10, 2022 of the Minister of Natural Resources and Environment detailing the implementation of a number of articles of the Law on Environmental Protection, stipulating: (1) Content on technical requirements on environmental protection for domestic solid waste gathering places and transshipment stations; (2) Technical requirements on environmental protection for domestic solid waste transport vehicles; (3) Criteria for domestic solid waste treatment technology; (4) Charge rates of domestic solid waste collection, transportation and treatment services; (5) Form of collecting charges for domestic solid waste collection, transportation and treatment services based on quantity or volume of waste; (6) Method of valuing domestic solid waste treatment services applicable to investors and providers of domestic solid waste treatment services; (7) Closing the domestic solid waste burial sites after the end of operations.

To continue guiding the People's Committees of provinces and centrally-run cities to implement domestic solid waste classification activities in accordance with Clause 5, Article 79 of the Law on Environmental Protection, the Ministry of Natural Resources and Environment issued "Technical guidance on classification of domestic solid waste", which provides maximum identification of types of domestic solid waste generated from households and individuals, thereby classifies them into 3 main waste groups in accordance with Clause 1, Article 75 of the Law on Environmental Protection, including: (1) Solid wastes that can be reused and recycled; (2) Food wastes; (3) Other domestic solid wastes (Technical guidance on domestic solid waste classification attached herewith).

To deploy regulations on classification of domestic solid waste in localities, the Ministry of Natural Resources and Environment hereby requests the People's Committees of provinces and centrally-run cities to implement the following contents:

1. Researching and applying the Technical guidance on classification of domestic solid waste (issued together with this Document) to develop plans and deploy activities of classifying domestic solid waste generated from households and individuals in the area to ensure compliance with the provisions of the Law on Environmental Protection and guiding documents. In which, attention should be paid to the following contents:

a) The classification of domestic solid waste aims to promote reuse and recycling of waste and discarded products, maximize the value, and extend the life cycle of products and materials; encouraging agencies, organizations, communities, households and individuals to participate in and waste recycling and treatment programs of institutional and individual manufacturers and importers, according to the provisions of the Law on Environmental Protection and guiding documents; minimizing the amount of waste to be treated.

b) The classification of domestic solid waste needs to be consistent with: existing technical infrastructure for environmental protection and waste treatment technology; natural, socio-economic conditions; and waste management content in provincial master plans, national environmental protection master plans, local financial resources.

2. People's Committees of provinces and centrally-run cities shall organize propaganda and dissemination for agencies, organizations, communities, households and individuals to classify domestic solid waste generated from households and individuals. The g classification of domestic solid waste shall be deployed no later than December 31, 2024.

Any difficulties arising in the course of implementation should be promptly reported to the Ministry of Natural Resources and Environment (via the Pollution Control Department) for timely guidance or review and adjustment in case of necessity.

Best regards./.