Circular No. 03/2018/TT-BTNMT Amending and Repealing Certain Provisions on Administrative Procedures Related to Specialized Inspections within the Scope of State Management Functions of the Ministry of Natural Resources and Environment

CIRCULAR

Amending and Repealing Certain Provisions on Administrative Procedures Related to Specialized Inspections within the Scope of State Management Functions of the Ministry of Natural Resources and Environment

On the basis of Law on Trade 2005;

On the basis of Law on Environmental Protection 2014;

Decree No. Decision No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste and scrap management;

Decree No. 36/2017/ND-CP dated April 4, 2017 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular amending and repealing certain provisions on administrative procedures related to specialized inspections within the scope of state management functions of the Ministry of Natural Resources and Environment.

Article 1. Amending and Supplementing Certain Articles of Circular No. 41/2015/TT-BTNMT dated September 9, 2015 of the Minister of Natural Resources and Environment on environmental protection in the importation of scrap for production materials.

1. Amend Point b Clause 1 Article 4 as follows:

“b) One (01) report on environmental conditions for importing scrap for production materials according to the model prescribed in Appendix 3a, 3b attached hereto.”

2. Repeal Point c Clause 1 Article 4.

"1. Working tools serving inspection work and administrative violation handling of the market management force include: passenger cars for general work; specialized vehicles: trucks, passenger cars with more than 16 seats, cars equipped with laboratories; motorcycles; high-speed boats; walkie-talkies, quick testing equipment, specialized equipment, information technology and electronic equipment, office machines and other technical equipment according to work requirements and as prescribed by law."

“1. Organizations and individuals specified in Article 55 of Decree No. 38/2015/NĐ-CP shall submit the dossier in accordance with Article 4 of this Circular through the National Single Window Portal. The implementation process, receipt, exchange, and feedback of information on the National Single Window Portal and the specialized processing system of the Ministry of Natural Resources and Environment, Provincial Department of Natural Resources and Environment, in accordance with regulations implementing administrative procedures through the National Single Window Mechanism, ASEAN Single Window Mechanism, and specialized inspection of export and import goods.

In cases where the specialized processing system has not met the requirements for implementing administrative procedures through the National Single Window Mechanism, ASEAN Single Window Mechanism, organizations and individuals may submit the dossier directly or via postal services.”

4. Amend Clause 3 Article 6 as follows:

“3. The confirmation certificate shall be valid for three (03) years from the date of issuance and according to the model prescribed in Appendix 8a, 8b attached hereto.”

5. Amend Point b Clause 2 Article 7 as follows:

“b) One (01) report on environmental conditions for importing scrap for production materials according to the model prescribed in Appendix 3a, 3b attached hereto;”

6. Amend Point b Clause 3 Article 7 as follows:

“b) One (01) report on environmental conditions for importing scrap for production materials according to the model prescribed in Appendix 3a, 3c attached hereto;”

7. Amend Clause 7 Article 7 as follows:

“7. In case the confirmation certificate is lost or damaged, the organization or individual shall submit a request for reissue according to the model prescribed in Appendix 2c attached hereto, sent through the National Single Window Portal. The implementation process, receipt, exchange, and feedback of information on the National Single Window Portal and the specialized processing system of the Ministry of Natural Resources and Environment, Provincial Department of Natural Resources and Environment, in accordance with regulations implementing administrative procedures through the National Single Window Mechanism, ASEAN Single Window Mechanism, and specialized inspection of export and import goods.

In cases where the specialized processing system has not met the requirements for implementing administrative procedures through the National Single Window Mechanism, ASEAN Single Window Mechanism, organizations and individuals may submit the dossier directly or via postal services.

The time limit for reissuing the confirmation certificate is ten (10) working days from the date of receipt of the request from the organization or individual.”

8. Amend Clause 4 Article 9 as follows:

“4. After conducting analysis of imported scrap samples for testing, the organization or individual shall submit the application dossier for importing scrap for testing through the National Single Window Portal. The implementation process, receipt, exchange, and feedback of information on the National Single Window Portal and the specialized processing system of the Ministry of Natural Resources and Environment, in accordance with regulations implementing administrative procedures through the National Single Window Mechanism, ASEAN Single Window Mechanism, and specialized inspection of export and import goods.

In cases where the specialized processing system has not met the requirements for implementing administrative procedures through the National Single Window Mechanism, ASEAN Single Window Mechanism, organizations and individuals may submit the dossier directly or via postal services.” The dossier includes:

a) One (01) request letter according to the model prescribed in Appendix 10 attached hereto;

b) One (01) report on environmental conditions for importing scrap for production materials according to the model prescribed in Appendix 3a, 3b attached hereto;

c) One (01) of the following documents: Decision approving the Environmental Impact Assessment Report accompanied by the Decision approving the Supplementary Environmental Impact Assessment Report (if applicable); Certificate of Registration Meeting Environmental Standards; Confirmation of Registration of Environmental Commitment Agreement; Decision Approving the Environmental Protection Plan; Confirmation of Registration of the Environmental Protection Plan; Decision Approving the Detailed Environmental Protection Plan; Confirmation of Registration of the Simplified Environmental Protection Plan; Confirmation of Registration of the Environmental Protection Program; Notification of Acceptance of Registration of the Environmental Commitment Agreement;

d) One (01) of the following documents: Confirmation of Completion of Environmental Protection Works and Measures in Accordance with the Law on Environmental Protection for Facilities and Projects; Confirmation of Completion of Implementation of the Detailed Environmental Protection Plan or equivalent documents (if applicable);

đ) Transfer Contract, Waste Processing Contract with a competent unit (in cases where there is no accompanying technology or equipment for processing impurities and waste generated);

e) Periodic Environmental Monitoring Report of the facility (if the report does not include monitoring results for waste treatment facilities during production, recycling, and reuse of scrap, it must be supplemented);

g) One (01) sample of imported scrap and analysis results conducted by a certification organization or an organization with a Certificate of Eligibility for Environmental Monitoring Services suitable for the required analysis criteria;

h) Other relevant documents (if any).”

9. Amend Clause 1 Article 10 as follows:

"1. Prior to processing the procedures for unloading waste materials at ports within the territory and territorial waters of Vietnam for each consignment of waste materials, organizations and individuals shall submit a notification letter regarding the importation of the consignment of waste materials according to the form prescribed in Appendix 11 attached hereto to the competent authority. Within a maximum period of five (05) working days from the date of receipt of the notification letter from the organization or individual importing waste materials, the competent authority shall be responsible for notifying in writing according to the form prescribed in Appendix 12 attached hereto to the organization or individual and the customs office at the port of entry (by fax or email)."

Unloading waste materials at ports within the territory and territorial waters of Vietnam shall only be permitted after the organization or individual importing waste materials has presented all required documents, including: A valid confirmation certificate (copy); a notification letter regarding the consignment of waste materials for inspection and clearance according to the form prescribed in Appendix 12 attached hereto (copy), which remains valid."

10. Supplement Clause 7 of Article 13 as follows:

"7. Submit to the General Department of Customs, publish on the electronic portal of the Ministry of Natural Resources and Environment, and the National Single Window Portal the Confirmation Certificate meeting environmental protection conditions for importing waste materials as production raw materials, the Decision revoking the Confirmation Certificate meeting environmental protection conditions for importing waste materials as production raw materials, and the Approval Letter for importing waste materials not included in the list of waste materials allowed for importation for testing as production raw materials within three (03) working days from the date of issuance or promulgation."

11. Supplement Clause 5 of Article 14 as follows:

Submit to the Ministry of Natural Resources and Environment, the General Department of Customs; publish on the electronic portal of the People's Committee of the province, and the National Single Window Portal the Confirmation Certificate meeting environmental protection conditions for importing waste materials as production raw materials, and the Decision revoking the Confirmation Certificate meeting environmental protection conditions for importing waste materials as production raw materials within three (03) working days from the date of issuance or promulgation.

Article 2. Repeal certain provisions of Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 issued by the Minister of Industry and Trade and the Minister of Natural Resources and Environment on the management of importation, exportation, and temporary importation-re-exportation of ozone-depleting substances in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer.

1. Repeal Point a Clause 3 of Article 2.

2. Repeal the phrase "based on the registration confirmation of the Ministry of Natural Resources and Environment" stipulated in Point b Clause 3 of Article 2 and the phrase "to be implemented based on the registration of traders confirmed by the Ministry of Natural Resources and Environment" in Point d Clause 3 of Article 2.

3. Repeal Clause 1 of Article 4.

4. Repeal "one (01) original copy of the application for importing HCFCs already confirmed by the Ministry of Natural Resources and Environment" in Point a Clause 2 of Article 4.

5. Repeal Article 5.

6. Repeal Clause 1 of Article 6.

7. Repeal Point a Clause 2 of Article 6.

8. Repeal the phrase "importation of premixed polyol containing HCFC-141b", the phrase "and the Ministry of Natural Resources and Environment", and the phrase "according to the confirmation of the Ministry of Natural Resources and Environment" in Article 8.

9. Repeal the phrase "Ministry of Natural Resources and Environment" in the Salutation section and the phrase "Confirmation of the Ministry of Natural Resources and Environment" in Appendix II of this Joint Circular.

10. Repeal Appendix IV and Appendix V of this Joint Circular.

11. Repeal the phrase "Ministry of Natural Resources and Environment" in the Salutation section and the phrase "and importation of premixed polyol containing HCFC-141b" in Appendix VII of this Joint Circular.

Article 3. Repeal certain contents of the Joint Circular No. 178/2015/TTLT-BTC-BNNPTNT-BTNMT-BYT dated November 12, 2015 of the Minister of Finance, the Minister of Agriculture and Rural Development, the Minister of Natural Resources and Environment, and the Minister of Health guiding the implementation of the National Single Window Mechanism.

1. Repeal Point b, c and d of Item 3 of Appendix I of this Joint Circular.

2. Repeal Point b, c and d of Item 3 of Appendix II of this Joint Circular.

Article 4. Transitional Provisions

1. Organizations and individuals who have submitted administrative procedure files before the effective date of this Circular shall continue to be processed according to the provisions of the law at the time of submitting the file.

2. The environmental protection condition confirmation certificate for waste materials as production raw materials issued before the effective date of this Circular shall continue to be valid until the expiration date stated on the certificate.

3. Before December 1st each year, the Ministry of Natural Resources and Environment shall send to the Ministry of Industry and Trade a notification document regarding the quantity of ozone-depleting substances (ODS) to be controlled in the following year for consideration in issuing import permits for HCFC substances.

This notification document shall be published on the website of the Ministry of Natural Resources and Environment and the National Single Window Portal.

4. Before March 15th each year, the Ministry of Industry and Trade shall send a notification document to the Ministry of Natural Resources and Environment regarding the results of issuing permits, quantities of ODS, pre-mixed HCFC-141b polyols that were permitted and confirmed for import in the previous year (including customs declarations of each shipment by traders) so that the Ministry of Natural Resources and Environment can perform its function as the national focal point agency for monitoring, compiling, and reporting the consumption of ODS and pre-mixed HCFC-141b polyols in Vietnam.

Article 5. Effectiveness and Responsibility for Implementation

This Circular takes effect from October 1, 2018.

2. The Minister, Heads of ministerial-level agencies, agencies under the Government, Chairmen of provincial People's Committees under the central city, Heads of units under the Ministry of Natural Resources and Environment, Directors of Provincial Departments of Natural Resources and Environment, and organizations and individuals concerned are responsible for implementing this Circular.

3. In case of difficulties during implementation, it is requested that relevant agencies, organizations, and individuals promptly reflect such issues to the Ministry of Natural Resources and Environment for consideration and resolution./.