Decision No. 03/2004/QĐ-BTNMT On Issuing Regulations on Environmental Protection for Imported Waste Used as Raw Materials for Production.

DECISION OF THE MINISTER

MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
On Issuing

Regulations on Environmental Protection for Imported Waste Used as Raw Materials for Production.

THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT 

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

Pursuant to the Government Decree No. 175/CP dated October 18, 1994, guiding the implementation of the Law on Environmental Protection;

Pursuant to the Prime Minister's Decision No. 46/2001/QD-TTg dated April 4, 2001, on managing export and import of goods during the period of 2001-2005;

Upon the proposal of the Director of the Department of Appraisal and Environmental Impact Assessment, the Director of the Environmental Protection Agency, and the Director of the Legal Department, These Regulations on environmental protection for imported waste used as raw materials for production are hereby promulgated together with this Decision.

DECISION: 

Article 1. This Decision shall take effect 15 days from the date of publication in the Official Gazette and shall replace Decision No. 65/2001/QĐ-BKHCNMT dated December 11, 2001, of the Minister of Science, Technology, and Environment.

Article 2. The Minister, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally-run cities, and relevant organizations and individuals are responsible for implementing this Decision.

Article 3. REGULATIONS on environmental protection for imported waste

used as raw materials for production

(Issued together with Decision No. 03/2004/QĐ-BTNMT

dated April 2, 2004, of the Minister of Natural Resources and Environment).

These Regulations stipulate environmental protection requirements for the importation, transportation, storage, and use of waste as raw materials for production in Vietnam; they do not apply to transshipment or transit of waste.

PART I

GENERAL PROVISIONS

Article 1. Scope of application

These Regulations apply to state management agencies on the environment; organizations and individuals importing, transporting, storing, and using waste as raw materials for production.

Article 2. Applicability

Waste

Article 3. Definitions

In this Regulation, the following terms shall be understood as follows:

1. means products or materials separated out in production or consumption that meet the requirements to be used as raw materials for production, including: Secondary raw material

a) means raw material that does not meet the specifications or quality standards required to produce a specific product but can be processed to produce that product again or other types of products; Scrap material

b) means material separated out from a production process (cut-offs, cuttings, scrap, shavings, fibers, fragments); Recovered material

c) means homogeneous material removed, stripped, or recovered from used products or secondary and waste products. 2. Residue is a substance separated out in production, consumption, or other activities that is not homogeneous with imported waste and is in the form of blocks, lumps, cakes, or specific objects.

Hazardous impurities

3. are substances that are not homogeneous with imported waste, adhering to it and having hazardous properties such as toxic chemicals; radioactive, flammable, explosive, corrosive substances; medical waste; organic compounds derived from animals, plants, food that pose a risk of disease transmission. Principles for Importing and Using Imported Waste

Article 4. The importation of waste and its use as raw materials for production must comply with the following principles:

1. Only waste that can be used as raw materials for production may be imported;

2. It is not allowed to exploit the importation of waste to produce residues in any form;

3. Organizations and individuals importing and using imported waste for production must bear responsibility for the imported waste if environmental pollution occurs;

4. In cases where international treaties to which Vietnam is a party provide different provisions than these Regulations, the provisions of those treaties shall apply.

Imported waste used as raw materials for production

Chapter II

SPECIFIC PROVISIONS

Article 5.Types of waste permitted for importation as raw materials for production include:

1. Metal and alloy group;

a. Secondary raw material;

b. Scrap material in loose form or compressed into blocks or cakes;

c. Recovered material, including:

Railway steel, defective steel, steel sheets, steel plates, round steel, shaped steel, steel pipes, cast ingots, various types of steel wire and mesh;

Iron, steel, copper, copper alloys, aluminum, aluminum alloys, zinc, zinc alloys, nickel, nickel alloys recovered from demolition, dismantling of construction works, transport vehicles, machinery, equipment, and other products;

Copper or aluminum electrical wire cores, cables, stripped of plastic, rubber, or other types of insulating material;

Electrical wires (copper wires coated with enamel paint, cotton fiber, or paper).

2. Paper and cardboard group:

b. Scrap material;

b. Scrap material in loose form or compressed into blocks or cakes;

c. Recovered material, including: recycled paper and cardboard from used products; paper and cardboard in the form of secondary and waste products;

3. Glass group:

c. Recovered material: various types of glass recovered from used products.

b. Scrap material in loose form or compressed into blocks or cakes;

c. Recovered material, including: recycled paper and cardboard from used products; paper and cardboard in the form of secondary and waste products;

4. Plastic group:

c. Recovered material: used mineral water and purified water packaging.

b. Scrap material in loose form or compressed into blocks or cakes;

c. Recovered material, including: recycled paper and cardboard from used products; paper and cardboard in the form of secondary and waste products;

c. Reused materials: various types of packaging for bottled mineral water and purified water that have been used.

Article 6. Conditions for imported waste materials

Imported waste materials before importation

Prior to importation, imported waste materials must meet the following conditions:

1. Not mixed with materials, products, or goods that are not permitted for importation under Vietnamese laws and international treaties to which Vietnam is a party;

2. Not contain harmful impurities;

3. Not mixed with waste, except for non-harmful impurities adhering or falling off during loading, unloading, or transportation.

Article 7. Conditions for organizations and individuals importing waste materials

Only organizations and individuals meeting the following conditions shall be permitted to import or entrust the importation of waste materials as raw materials for production:

1. Possess dedicated warehouses or storage areas for the collection of imported waste materials ensuring environmental conditions during the storage of imported waste materials;

2. Have sufficient capacity to handle impurities accompanying imported waste materials.

Article 8.Responsibilities of organizations and individuals importing and using imported waste materials

Organizations and individuals importing and using imported waste materials as raw materials for production shall have the responsibility to:

1. Comply with legal provisions on environmental protection and other relevant legal provisions;

2. Import only waste materials suitable for their types of production raw materials;

3. At least five (5) working days prior to commencing the unloading and transportation of imported waste materials from the port to the warehouse or storage area, they must notify in writing the Department of Natural Resources and Environment at the local administrative unit where the production facility or warehouse storing imported waste materials is located about: the type, quantity, weight of imported waste materials; the import port location; the waste material transport route; the warehouse or storage area location; the production facility location;

4. Organize the disposal of impurities removed from imported waste materials used as raw materials for production, and not sell or give away such impurities.

Article 9. Responsibilities of the Department of Natural Resources and Environment

The Department of Natural Resources and Environment where there is a production facility using imported waste materials; a warehouse or storage area for imported waste materials; a place related to environmental treatment involving imported waste materials, shall have the responsibility to:

1. Inspect compliance with environmental protection regulations for imported waste materials used as raw materials for production according to this Regulation and other legal provisions on environmental protection;

2. Detect, prevent, and promptly address violations of environmental protection according to current legal provisions on environmental protection;

3. Report in writing to the Ministry of Natural Resources and Environment (through the Environmental Protection Agency) every six (6) months on the implementation of legal provisions on environmental protection in the activities of importing and using imported waste materials as raw materials for production within its jurisdiction;

4. Report to the Ministry of Natural Resources and Environment about difficulties arising related to the importation and use of imported waste materials as raw materials for production for prompt resolution.

Article 10.Handling Violations

1. Organizations and individuals importing, using imported waste materials as raw materials for production who violate environmental protection regulations shall be subject to administrative penalties according to current legal provisions on administrative penalties in the field of environmental protection or criminal liability depending on the severity of the violation;

2. Officials and civil servants who fail to fulfill their duties adequately while performing official duties, causing adverse consequences or causing inconvenience, harassment to organizations and individuals importing, using imported waste materials as raw materials for production, shall be subject to disciplinary action or criminal liability depending on the severity of the violation.

Chapter III

IMPLEMENTING PROVISIONS

Article 11.Implementation Organization

1. The Environmental Protection Agency shall be responsible for guiding, monitoring, and inspecting the implementation of environmental protection regulations for imported waste materials used as raw materials for production; reporting periodically every six (6) months and annually to the Minister on the implementation status;

2. The Inspectorate of the Ministry shall be responsible for coordinating with the Environmental Protection Agency in inspection work to detect violations; promptly conducting inspections and handling violations within their authority or recommending actions against violations;

3. During the implementation of this Regulation, if difficulties or obstacles arise, relevant ministries, sectors, localities, organizations, and individuals shall promptly report to the Ministry of Natural Resources and Environment for consideration and resolution./.