Joint Circular No. 02/2007/TTLT-BCT-BTNMT guiding the implementation of Article 43 of the Environmental Protection Law on standards and conditions for importing waste materials.

JOINT CIRCULAR

Guidelines for implementing Article 43 of the Environmental Protection Law on standards and conditions for importing waste materials,

standards and conditions for business operations in importing waste materials

___________________________

Pursuant to the Environmental Protection Law dated November 29, 2005;

Pursuant to the Law on Trade dated June 14, 2005;

Pursuant to Resolution No. 01/2007/QH12 dated July 31, 2007 of the National Assembly of the Socialist Republic of Vietnam, first session of the XIIth term, regarding the organizational structure of the Government and the number of Deputy Prime Ministers of the XIIth term;

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Trade Law on international trade activities and agency purchase, sale, processing, and transit of goods with foreign countries;

The Ministry of Industry and Trade and the Ministry of Natural Resources and Environment provide guidelines for implementing Article 43 of the Environmental Protection Law on standards and conditions for businesses and individuals who are traders (hereinafter referred to collectively as traders) importing waste materials as follows:

I. OBJECTS AND CONDITIONS FOR IMPORTING WASTE MATERIALS

1. Objects eligible to import waste materials:

a) Traders having direct production facilities that use imported waste materials as raw materials for production and recycling.

b) Traders importing waste materials on behalf of traders directly using waste materials as raw materials for production and recycling.

c) Traders importing waste materials for distribution to traders directly using waste materials as raw materials for production and recycling.

2. Conditions for eligibility to import waste materials:

a) Traders having direct production facilities that use waste materials as raw materials for production and recycling must meet the conditions prescribed in Clause 2 of Article 43 of the Environmental Protection Law.

b) Traders importing waste materials on behalf of traders directly using waste materials must have a consignment import contract signed with the trader directly using waste materials as raw materials for production and recycling, which meets the conditions prescribed in Point a of this clause.

c) Traders importing waste materials for distribution to traders directly using waste materials as raw materials for production and recycling must:

Have dedicated storage areas for waste materials that comply with environmental conditions as prescribed in Points a and b of Clause 2 of Article 43 of the Environmental Protection Law, owned or leased for at least one year, and must sell all imported waste materials within three months from the date of entry through a Vietnamese customs checkpoint.

3. The list of waste materials permitted for import as raw materials for production is issued by the Ministry of Natural Resources and Environment.

4. Goods prohibited from importation and subject to conditional importation under Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government "detailing the implementation of the Trade Law on international trade activities and agency purchase, sale, processing, and transit of goods with foreign countries" are not within the scope of regulation of this Circular.

II. PROCEDURES FOR ISSUING THE CERTIFICATE OF ELIGIBILITY TO IMPORT WASTE MATERIALS

PROCEDURES FOR ISSUING THE CERTIFICATE OF ELIGIBILITY TO IMPORT WASTE MATERIALS

1. Traders meeting the conditions prescribed in Clause 2 of Section I of this Circular shall submit the application dossier to the provincial Department of Natural Resources and Environment where their production facility or waste material storage area is located to obtain the Certificate of Eligibility to Import Waste Materials. The dossier includes:

a) Application form for the Certificate of Eligibility to Import Waste Materials (Annex 01).

b) Copy of the Decision approving the Environmental Impact Assessment Report or the Environmental Protection Commitment Confirmation Letter or the Environmental Standard Achievement Registration Confirmation Form of the trader directly producing and using waste materials regarding the waste material storage area.

c) Copy of the most recent Environmental Monitoring Report, but not more than six months old as of the date of application (for producers) or copies of sales contracts for waste materials from the previous import period (for traders importing waste materials for distribution).

2. Within fifteen working days from the date of receipt of a complete and valid dossier, the Department of Natural Resources and Environment shall examine and issue the Certificate of Eligibility to Import Waste Materials (Annex 02), valid for twelve months from the date of issuance, or notify in writing the reasons for not issuing the Certificate of Eligibility to Import Waste Materials.

3. In cases where traders have production facilities and waste material storage areas in multiple provinces or centrally-administered cities, they must submit separate dossiers for each facility and storage area in each province or city to obtain the Certificate of Eligibility to Import Waste Materials.

III. PROCEDURES FOR IMPORTING WASTE MATERIALS

Procedures for importing waste materials are carried out at the customs checkpoint. In addition to the documents required by the Customs Law, traders importing waste materials must present the following documents to the customs authority:

1. For traders with direct production facilities importing waste materials as raw materials for production and recycling:

a) Copy of the Certificate of Eligibility to Import Waste Materials issued by the provincial Department of Natural Resources and Environment where the production facility is located (the importer signs and takes responsibility).

b) Copy of the Notification of Importation of Waste Materials as Raw Materials for Production sent to the provincial Department of Natural Resources and Environment according to Point b, Clause 3, Article 43 of the Environmental Protection Law (Annex 03).

2. For traders importing on behalf of others:

a) Consignment import contract signed with the trader directly using waste materials as raw materials for production and recycling.

b) Copy of the Certificate of Eligibility to Import Waste Materials issued by the provincial Department of Natural Resources and Environment where the consignee's production facility is located (the consignee signs and takes responsibility).

c) Copy of the Notification of Importation of Waste Materials as Raw Materials for Production sent to the provincial Department of Natural Resources and Environment according to Point b, Clause 3, Article 43 of the Environmental Protection Law (Annex 03).

3. For traders importing waste materials for distribution:

a) Copy of the Certificate of Eligibility to Import Waste Materials issued by the provincial Department of Natural Resources and Environment where the storage area is located (the importer signs and takes responsibility).

b) If the warehouse or storage area for imported waste does not belong to the importer of the waste, in addition to submitting a copy of the Waste Import Eligibility Confirmation Certificate issued by the Department of Natural Resources and Environment where the warehouse or storage area is located, they must also present a copy of the Warehouse Lease Contract.

c) Copy of the Notification of Importation of Waste Materials as Raw Materials for Production sent to the provincial Department of Natural Resources and Environment according to Point b, Clause 3, Article 43 of the Environmental Protection Law (Annex 03).

IV. IMPLEMENTATION PROVISIONS

1. For traders:

a) Submit a written notification of waste import for production purposes to the provincial Department of Natural Resources and Environment in accordance with Point b, Clause 3, Article 43 of the Environmental Protection Law using the prescribed form (Annex No. 03).

b) By no later than January 31 of the following year, report on the import and use of imported waste from the previous year to the Department of Natural Resources and Environment at the local authority where the production facility or warehouse for imported waste is located for monitoring purposes using the prescribed form (Annex No. 04). For importers of waste for distribution, the reporting period is every six months.

c) The importer of waste has the responsibility to comply with the provisions of this Circular and the provisions of Clause 3, Article 43 of the Environmental Protection Law; all violations will be handled according to the provisions of Article 127 of the Environmental Protection Law.

2. Regarding the People's Committees of provinces and centrally governed cities:

The People's Committee of a province or centrally governed city shall coordinate to direct inspections, detect, prevent, and handle violations of laws related to waste imports and other provisions set forth in Clause 4, Article 43 of the Environmental Protection Law.

3. Regarding the Departments of Natural Resources and Environment of provinces and centrally governed cities:

a) The Department of Natural Resources and Environment where the production facility or warehouse for waste is located shall be responsible for inspecting and issuing the Waste Import Eligibility Confirmation Certificate to organizations and individuals who have the need. The certificate is valid for 12 months.

b) Regularly and randomly inspect environmental protection work for organizations and individuals importing and using imported waste as raw materials for production and recycling (including maintaining eligibility for waste imports) and have the right to revoke the Waste Import Eligibility Confirmation Certificate if violations of the specified conditions are discovered.

c) Annually, compile and report on the import of waste to the Ministry of Natural Resources and Environment and environmental issues related to imported waste in their locality using the prescribed form (Annex No. 05).

This Circular takes effect 15 days after its publication in the Official Gazette.

During implementation, if any issues arise or difficulties occur, agencies and organizations should promptly reflect them to the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment for timely resolution./.