Consolidated Document number 06/VBHN-BTNMT on waste and residue management

MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT ENVIRONMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 06/VBHN-BTNMT	Hanoi, November 28, 2018

DECREE

ON WASTE MANAGEMENT AND WASTE MATERIALS

Decree No. 38/2015/NĐ-CP dated February 14, 2015 of the Government on waste management and waste materials, which took effect from June 15, 2015, has been amended and some contents abolished by:

Decree No. 136/2018/NĐ-CP dated October 5, 2018 of the Government amending certain articles of decrees related to business conditions in the natural resources and environment sector, which took effect from October 5, 2018.

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

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

The Government promulgates the Decree on waste management and waste materials[1].

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates on: Waste management including hazardous waste, household solid waste, general industrial solid waste, liquid waste products, wastewater, industrial exhaust gas, and other special wastes; environmental protection in the importation of waste materials.

2. This Decree does not stipulate on the management of radioactive waste, noise, vibration, light, radiation.

3. The collection and transportation of waste from non-tariff zones, export processing zones, and export processing enterprises into the domestic area shall be carried out uniformly as for waste outside non-tariff zones, export processing zones, and export processing enterprises according to this Decree; Clause VIII of this Decree shall not apply to waste materials from non-tariff zones, export processing zones, and export processing enterprises.

Article 2. Applicability

This Decree applies to agencies, organizations, households, individuals within Vietnam, foreign organizations, and individuals (hereinafter referred to as organizations and individuals) engaged in activities related to waste and imported waste materials on the territory of the Socialist Republic of Vietnam, including land, islands, territorial waters, and airspace.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Solid waste is waste in solid or semi-solid form (also called sludge) discharged from production, business, services, daily life, or other activities.

2. General waste is waste that is not included in the list of hazardous waste or is included in the list of hazardous waste but has harmful factors below the threshold of hazardous waste.

3. Household solid waste (also called household waste) is solid waste generated from daily life activities of people.

4. Industrial solid waste is solid waste generated from production, business, service activities.

5. Wastewater is water that has changed its characteristics and is discharged from production, business, services, daily life, or other activities.

6. Liquid waste product is a product, solution, material in liquid state that has expired or is discharged from usage, production, business, services, daily life, or other activities. In cases where liquid waste is discharged together with wastewater, it is collectively referred to as wastewater.

7. Wastewater receiving source is the place where wastewater is discharged, including: Drainage systems, rivers, streams, ravines, ditches, canals, ponds, lakes, swamps, coastal waters, seas, and other receiving sources.

8. Industrial exhaust gas is waste existing in gaseous or vapor form generated from industrial production and service activities.

9. Waste classification is the process of distinguishing whether a substance is waste or not, whether it is hazardous waste or general waste, and determining the type or group of waste to which it belongs for practical classification and management purposes.

10. Waste sorting is the activity of separating waste (which has been classified) in practice to divide it into different types or groups of waste to have different management procedures.

11. Waste transportation is the process of transporting waste from the point of generation to the treatment site, which may include collection, temporary storage (or accumulation), intermediate transfer, and preliminary processing of waste at the accumulation point or intermediate transfer station.

12. Reuse of waste is the direct reuse of waste without changing its properties after preliminary processing.

13. Preliminary processing of waste involves using simple mechanical and physical techniques to change the physical properties such as size, moisture, temperature to facilitate classification, storage, transportation, reuse, recycling, co-processing, and treatment, thereby mixing or separating components of the waste to suit different management procedures.

14. Recycling of waste is the process of using technological and technical solutions to recover valuable components from waste.

15. Energy recovery from waste is the process of recovering energy from the conversion of waste.

16. Waste treatment is the process of using technological and technical solutions (other than preliminary processing) to reduce, eliminate, isolate, incinerate, destroy, landfill waste, and harmful elements in waste.

17. Co-processing of waste is the combination of an existing production process to recycle, treat, and recover energy from waste, in which waste is used as raw material or substitute fuel or treated.

18. Waste-generating facility is a production, business, or service facility that generates waste.

19. Waste generator is an organization or individual owning or operating a waste-generating facility.

20. Industrial zone is a general term for industrial parks, export processing zones, high-tech parks, and industrial clusters.

21. Waste treatment facility is a facility providing waste treatment services (including recycling, co-processing, and energy recovery from waste).

22. Household solid waste collector and transporter is an organization or individual providing household solid waste collection and transportation services as prescribed.

23. Waste treatment operator is an organization or individual owning or operating a waste treatment facility.

24. Hazardous waste treatment permit is a permit issued to a hazardous waste treatment operator to provide services for treating, recycling, co-processing, and energy recovery from hazardous waste (which may include transportation, intermediate transfer, storage, and preliminary processing).

25. Water environment carrying capacity is the ability to accept additional pollutants while ensuring that pollutant concentrations do not exceed the limit values specified in environmental quality standards for the purpose of use of the receiving source.

26. The discharge quota for wastewater is the limit on the load of each pollutant or parameter in the wastewater set by the state management agency for each wastewater receiving source to ensure that the discharge of wastewater does not exceed the environmental water's carrying capacity.

27. Industrial emission inventory is the process of determining the flow rate, characteristics, and features of industrial emission sources in a defined space and time.

28. Guarantee deposit for imported waste refers to the act of organizations and individuals importing waste depositing a specified amount of money at a designated place to ensure the reduction and mitigation of environmental risks caused by the importation of waste.

29. A consignment of imported waste is the quantity of waste imported with the same HS code (classification number for goods import-export) or group of HS codes registered by organizations and individuals for inspection once to import into Vietnam.

Article 4. General Principles for Waste Management

1. Organizations and individuals have the responsibility to enhance the application of measures for resource and energy conservation; use renewable resources, environmentally friendly products, raw materials, clean energy; implement cleaner production; conduct environmental audits on waste and other measures to prevent and reduce waste generation.

2. Organizations and individuals have the responsibility to sort waste at the source to promote reuse, recycling, co-processing, treatment, and energy recovery.

3. Construction of waste treatment facilities must comply with laws on construction and related environmental protection laws.

4. Wastewater must be collected, treated, reused, or transferred to units capable of reusing or treating it to meet environmental technical standards before being discharged into the environment.

5. Emissions must be treated to meet environmental technical standards at the source of generation before being discharged into the environment.

6. The State encourages socialization of waste collection, transportation, reuse, recycling, treatment, and energy recovery from waste.

7. Organizations and individuals generating waste are responsible for paying fees and service charges for waste collection, transportation, and treatment activities according to the provisions of the law.

8. The application of environmentally friendly waste treatment technologies is encouraged. The use of biological products in waste treatment must comply with the provisions of the law.

Chapter II

MANAGEMENT OF HAZARDOUS WASTE

Article 5. Classification, Coding, Sorting, and Storage of Hazardous Waste

1. The classification of hazardous waste is carried out based on the code, list, and threshold of hazardous waste.

2. Hazardous wastes must be sorted according to the hazardous waste code for storage in appropriate packaging or containment equipment. Common packaging or containment equipment may be used for hazardous waste codes with similar properties, which do not cause reactions or interactions with each other and can be processed using the same method.

3. Hazardous wastewater treated to meet environmental technical standards within the wastewater treatment system at the source of generation shall be managed according to the regulations on wastewater management in Chapter V of this Decree.

4. Hazardous waste must be sorted starting from the point of storage or transfer for treatment.

Article 6. Registration of Hazardous Waste Generating Entities

1. Hazardous waste generating entities shall be responsible for registering with the Department of Natural Resources and Environment in one of the following forms:

a) Preparing registration files to obtain a Hazardous Waste Generating Entity Registration Book (hereinafter referred to as the hazardous waste generating entity registration procedure);

b) Integrating into the hazardous waste management report and not having to implement the hazardous waste generating entity registration procedure for certain special cases (cases where the hazardous waste generating entity has limitations on the quantity generated, type, and duration of operation);

c) Registering online through the information system with complete information similar to preparing the file as prescribed in Point a Clause 1 of this Article.

2. The hazardous waste generating entity registration procedure as prescribed in Point a Clause 1 of this Article shall only be implemented once (no extension or adjustment) when hazardous waste generation activities begin. The registration book will only be reissued in cases of changes in the name of the hazardous waste generating entity or address, number of facilities generating hazardous waste; changes or additions to self-reuse, recycling, co-processing, treatment, and energy recovery plans from hazardous waste at the facility. After obtaining the hazardous waste generating entity registration book, information about the waste is updated through periodic hazardous waste management reports.

3. The hazardous waste generating entity registration procedure is integrated with the registration of plans for self-reuse or preliminary processing, recycling, treatment, co-processing, and energy recovery from hazardous waste within the facility premises that meet environmental technical standards.

Article 7. Responsibilities of Hazardous Waste Generating Entities

1. Register with the Department of Natural Resources and Environment where the facility generating hazardous waste is located, as stipulated in Clause 1 of Article 6 of this Decree.

2. Implement measures to reduce the generation of hazardous waste; bear responsibility for classifying, quantifying, and reporting hazardous waste quantities to be managed.

3. Have temporary storage areas for hazardous waste; store hazardous waste in packaging or containment equipment meeting technical requirements and management procedures as prescribed.

4. In cases where hazardous waste is not self-reused, recycled, co-processed, treated, or energy recovered at the facility, the hazardous waste generating entity must sign a contract to transfer hazardous waste to organizations or individuals with appropriate permits.

5. Hazardous waste generating entities shall be responsible for periodically reporting every six months on the storage of hazardous waste at the generating facility to the Department of Natural Resources and Environment in writing or combined in the periodic hazardous waste management report before transfer in the following cases:

a) No feasible transportation and treatment plan exists;

b) No suitable hazardous waste treatment entity has been found.

6. Establish, use, store, and manage hazardous waste documentation, hazardous waste management reports (periodic and emergency), and related files, documents, and logs concerning hazardous waste management as prescribed.

7. Upon ceasing hazardous waste generation activities, notify the Department of Natural Resources and Environment where the hazardous waste generating facility is located in writing within no more than six months.

Article 8. Collection and Transportation of Hazardous Waste

1. The collection and transportation of hazardous waste may only be carried out by organizations and individuals holding a Hazardous Waste Treatment Permit.

2. Vehicles and equipment for collecting and transporting hazardous waste must meet technical requirements and management procedures as prescribed. Hazardous waste transport vehicles must be listed in the Hazardous Waste Treatment Permit.

3. The use of special transport means such as containers, railway vehicles, inland waterway vessels, marine vessels, or other transport means not listed in the Hazardous Waste Treatment Permit must comply with technical requirements and management procedures as prescribed by the Ministry of Natural Resources and Environment and must be approved by the Ministry of Natural Resources and Environment.

4. Hazardous waste transportation must follow an optimal route regarding the road, distance, time, ensuring traffic safety and preventing and responding to incidents, in accordance with the regulations of competent authorities on traffic flow management.

Article 9. Conditions for Issuing a Hazardous Waste Treatment Permit

1. There must be an Environmental Impact Assessment Report approved by the Ministry of Natural Resources and Environment for the investment project of a hazardous waste treatment facility or alternative documents as follows:

a) A valid environmental document issued by a competent state management agency for a hazardous waste treatment facility that has been put into operation before July 1, 2006, including: Certificate of Registration Meeting Environmental Standards; document assessing declarations of production and business activities affecting the environment; environmental impact assessment review form; or equivalent documents.

b) An environmental protection plan approved by a competent state management agency according to regulations for a hazardous waste treatment facility that has been put into operation.

2. The location of the hazardous waste treatment facility (except in cases where a production facility has a concurrent hazardous waste treatment activity) must be within the planning schemes concerning waste management and treatment approved by competent authorities at provincial level or higher according to the law.

3. Systems and equipment for treatment (including preliminary processing, recycling, co-processing, energy recovery), packaging, storage equipment, temporary or transfer areas, and transport vehicles (if any) must meet technical requirements and management procedures as prescribed.

4. There must be environmental protection facilities at the hazardous waste treatment facility that meet technical requirements and management procedures as prescribed.

5. There must be a staff team meeting the following requirements:

a)[2] A hazardous waste treatment facility must have at least one person responsible for management and operation; and at least one person providing professional guidance in technical matters with expertise in environmental or chemical fields.

b) A hazardous waste transfer station must have at least one person responsible for management and operation, providing professional guidance in technical matters with expertise in environmental or chemical fields.

c)[3] (is repealed);

d) There must be a team of operators and drivers trained to ensure safe operation of vehicles, systems, and equipment.

6. There must be a safe operation procedure for vehicles, systems, and equipment for collection and transportation (if any) and treatment (including preliminary processing, recycling, co-processing, energy recovery) of hazardous waste.

7. There must be an environmental protection plan including contents such as: Pollution control and environmental protection plans; occupational safety and health plans; emergency prevention and response plans; training and retraining plans; environmental monitoring programs, operational supervision, and evaluation of hazardous waste treatment effectiveness.

8. There must be a pollution control and environmental restoration plan when operations cease.

9. The conditions stipulated in Clause 1 of this Article shall not apply to the following cases:

a) Production facilities that have been put into operation in compliance with the law and require additional co-processing of hazardous waste based on existing production technology without the need to prepare a new environmental impact assessment report.

b) Hazardous waste treatment facilities that have been put into operation in compliance with the law and require upgrading with advanced technology to reduce or not increase negative impacts on the environment, improve treatment efficiency, conserve resources and energy without the need to prepare a new environmental impact assessment report must submit a plan to the hazardous waste treatment permit issuing authority for examination and approval before implementing upgrades.

10. The following cases shall not be considered as hazardous waste treatment facilities and are not subject to issuance of a Hazardous Waste Treatment Permit:

a) Waste generators who self-reuse, pre-process, recycle, co-process, treat, or recover energy from internally generated hazardous waste within their premises.

b) Organizations and individuals conducting research and development of hazardous waste treatment technologies in experimental environments.

c) Healthcare facilities with hazardous medical waste treatment works located within their premises to carry out self-treatment and collection and treatment of hazardous medical waste for nearby healthcare facilities (cluster model).

11. The Ministry of Natural Resources and Environment shall prescribe technical requirements and management procedures for the cases mentioned in Clause 10 of this Article.

Article 10. Issuing Hazardous Waste Treatment Permits

1. Organizations and individuals meeting the conditions stipulated in Article 9 of this Decree shall prepare the application dossier for issuing hazardous waste treatment permits and submit it to the competent authority.

2. The Ministry of Natural Resources and Environment is the competent authority to issue hazardous waste treatment permits nationwide.

3. A hazardous waste treatment permit shall clearly specify the operational area, quantity and type of hazardous waste permitted to be treated, means, systems, and equipment for transporting and treating hazardous waste (including preliminary processing, recycling, co-processing, energy recovery), and other requirements for hazardous waste treatment operators.

4. The validity period of a hazardous waste treatment permit is three years from the date of issuance.

5. The procedures for issuing hazardous waste treatment permits replace the following procedures: inspection and confirmation of completion of environmental protection works according to the environmental impact assessment report, environmental protection plan (or equivalent documents); confirmation of compliance with environmental protection requirements for facilities handling household solid waste and general industrial solid waste (in cases where hazardous waste treatment facilities also handle household solid waste and general industrial solid waste); other environmental procedures related to the operational phase of hazardous waste treatment facilities as prescribed by law.

6. During the process of examining and issuing hazardous waste treatment permits, the Ministry of Natural Resources and Environment may issue a document approving trial operation of hazardous waste treatment as a temporary basis for organizations and individuals to enter into contracts for collecting, transporting, and treating hazardous waste for trial operation purposes, with a duration not exceeding six months.

7. The Ministry of Natural Resources and Environment shall prescribe the procedures for issuing hazardous waste treatment permits.

Article 11. Reissuing and Amending Hazardous Waste Treatment Permits

1. A hazardous waste treatment permit shall be reissued in the following cases:

a) When the hazardous waste treatment permit expires;

b) When changing from a hazardous waste management permit issued under previous regulations before this Decree takes effect;

c) When the permit is lost or damaged.

2. A hazardous waste treatment permit shall be amended when there are changes in: operational area; quantity and type of hazardous waste permitted to be treated; means, systems, and equipment for transporting and treating hazardous waste (including preliminary processing, recycling, co-processing, energy recovery); number of transfer stations; number of hazardous waste treatment facilities.

3. The provisions of Clause 2, Article 9 of this Decree shall not apply to the reissuing and amending procedures as stipulated in Clauses 1 and 2 of this Article.

4. A hazardous waste treatment permit shall be reissued or amended with a validity period of three years from the date of reissuance or amendment; except in cases where the hazardous waste treatment operator only requests partial amendment of the permit and retains the original validity period of the permit.

5. The Ministry of Natural Resources and Environment shall prescribe the procedures for reissuing and amending hazardous waste treatment permits.

Article 12. Responsibilities of Hazardous Waste Treatment Operators

1. Enter into contracts for collecting, transporting, and treating hazardous waste with hazardous waste generating entities within the operational area specified in the hazardous waste treatment permit; accept, transport, and treat the quantity and type of hazardous waste using the means, systems, and equipment permitted according to the contents of the contract, hazardous waste documents, and the hazardous waste treatment permit.

2. Fulfill the responsibilities of hazardous waste generating entities for hazardous waste generated during operations that cannot be treated. In cases where all hazardous waste can be treated, the hazardous waste treatment operator does not need to fulfill the responsibilities of hazardous waste generating entities.

3. Fully implement the contents of the application dossier for issuing hazardous waste treatment permits confirmed by the Ministry of Natural Resources and Environment attached to the permit. This dossier serves as a specific basis for environmental management and supervision of hazardous waste treatment operators.

4. Notify in writing the hazardous waste generating entities and report to the Ministry of Natural Resources and Environment (either separately or integrated into regular hazardous waste management reports) if there is a need to temporarily store hazardous waste without immediate treatment for more than six months from the date of transfer recorded on the hazardous waste documents.

5. Register with the Ministry of Natural Resources and Environment when there is a need to collaborate to transport hazardous waste not included in their own permit to another hazardous waste treatment facility with appropriate functions for treatment.

6. Apply the National Standard on Environmental Management System (TCVN ISO 14001) within twenty-four months from the date of issuance of the hazardous waste treatment permit; or twenty-four months from the date this Decree takes effect for existing hazardous waste treatment facilities.

7. Establish, use, store, and manage hazardous waste documents, regular and emergency hazardous waste management reports, and related files, documents, and logs according to regulations. If the hazardous waste treatment operator is also a general industrial solid waste treatment operator or a household solid waste treatment operator, they may integrate reports, files, documents, and logs for both hazardous waste and household solid waste or general industrial solid waste management.

8. Implement pollution control and environmental restoration plans upon cessation of operations, return the hazardous waste treatment permit to the Ministry of Natural Resources and Environment within six months from the cessation of operations.

Article 13. Responsibilities of the Minister of Natural Resources and Environment in managing hazardous waste

1. Uniformly manage the state administration of hazardous waste throughout the country and issue regulations on:

a) The list, code, and threshold of hazardous waste; technical requirements and management procedures for classification, storage, transfer, transportation, pre-treatment, reuse, recycling, co-processing, treatment, and energy recovery from hazardous waste; technical requirements and management procedures related to conditions for obtaining permits to treat hazardous waste and the implementation of responsibilities during the operation phase by waste-generating entities and hazardous waste treatment entities;

b) Procedures and formalities regarding: Registration of waste-generating entities for hazardous waste; issuance and revocation of Hazardous Waste Treatment Permits; integration and replacement of relevant procedures for waste-generating entity registration and hazardous waste treatment permit issuance; issuance of hazardous waste management certificates;

c) Cross-border transport registration of hazardous waste according to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, and their disposal; organizing the implementation of functions as the competent authority and focal point of the Basel Convention in Vietnam;

d) Special cases: Cases where it is not possible to collect, transport, store, or transfer using the means and equipment listed on the Hazardous Waste Treatment Permit for waste-generating entities with low quantities generated or located in remote areas without adequate conditions for hazardous waste treatment entities to directly transport using the means listed on the Hazardous Waste Treatment Permit, hazardous waste that cannot be treated domestically or specified in international treaties to which the Socialist Republic of Vietnam is a party; reuse of hazardous waste; transportation of hazardous waste from offshore oil and gas facilities and other actual cases arising;

2. Organize the management and inspection of conditions, activities, and files, contracts, reports, and documents related to hazardous waste treatment entities.

3. Organize the construction and operation of a national information system and database on hazardous waste; organize and guide the implementation of waste-generating entity registration, hazardous waste document declaration, and online hazardous waste management reporting; organize the enhanced use of information systems or email for notification, guidance, and communication with organizations and individuals during the issuance of Hazardous Waste Treatment Permits.

4. Organize the implementation of hazardous waste management contents serving the establishment and implementation of environmental protection planning as stipulated in Article 94 of the Environmental Protection Law.

Article 14. Responsibilities of the Department of Natural Resources and Environment in managing hazardous waste

1. Manage the activities and files, reports, contracts, and documents of waste-generating entities for hazardous waste within their jurisdiction (including waste-generating entities exempted from waste-generating entity registration procedures).

2. Update the database on hazardous waste and implement online waste-generating entity registration, hazardous waste document declaration, and hazardous waste management reporting at the local level; enhance the use of information systems or email during the waste-generating entity registration process for hazardous waste.

3. Report to the provincial People's Committee and the Ministry of Natural Resources and Environment on the management situation of hazardous waste, waste-generating entity registration for hazardous waste, with the report deadline being before March 31 of the following year.

Chapter III

MANAGEMENT OF DOMESTIC SOLID WASTE

Article 15. Classification and Storage of Municipal Solid Waste

1. Municipal solid waste shall be classified at source in accordance with management and treatment purposes into the following groups:

a) Organic group that is easily decomposable (food scraps, leaves, vegetables, fruits, animal carcasses);

b) Group capable of reuse and recycling (paper, plastic, metal, rubber, nylon, glass);

c) The remaining group.

2. After classification, municipal solid waste shall be stored in appropriate packaging or storage equipment.

3. The classification of municipal solid waste must be managed, supervised, publicized, and promoted to organizations, individuals, and households to comply with regulations, ensuring convenience for collection, transportation, and treatment.

4. Provincial People's Committees shall guide and organize the implementation of municipal solid waste classification suitable to each locality's specific natural, economic, and social conditions.

Article 16. Responsibilities of Organizations and Individuals Generating Municipal Solid Waste

1. Implement the classification and storage of municipal solid waste as prescribed in Article 15 of this Decree.

2. Households and individuals must pay sanitation fees for the collection and transportation of municipal solid waste as prescribed.

3. The source generators of municipal solid waste have the responsibility to sign service contracts for collection, transportation, and treatment; and to pay all costs according to the service contract.

Article 17. Collection and Transportation of Municipal Solid Waste

1. Municipal solid waste must be collected along designated routes to transport to collection points, transfer stations, and waste treatment facilities according to approved planning by competent authorities.

2. On main streets, commercial areas, parks, squares, residential concentrations, traffic hubs, and other public areas, appropriate storage equipment and collection points for municipal solid waste must be arranged.

3. Storage equipment for municipal solid waste must be sized appropriately for the storage period. Storage equipment in public areas must ensure aesthetic standards.

4. During the transportation of municipal solid waste, it must be ensured that waste does not spill, causing dust, odor, or leakage.

Article 18. Responsibilities of Collectors and Transporters of Municipal Solid Waste

1. Ensure sufficient requirements for manpower, means of transport, and specialized equipment to collect and transport all municipal solid waste from specified locations.

2. Announce widely the time, location, frequency, and route of municipal solid waste collection at residential points.

3. Collect and transport municipal solid waste to collection points, transfer stations, or treatment facilities using means of transport and equipment meeting technical requirements and management procedures as prescribed.

4. In cases where hazardous waste is separated from municipal solid waste at collection points or transfer stations, it must be transferred to management under the provisions on hazardous waste management in Chapter II of this Decree.

5. Be responsible for the situation of spilling municipal solid waste, causing dust, odor, or leakage during collection and transportation, which adversely affects the environment.

6. Provide vocational training and equip protective gear for workers involved in collecting and transporting municipal solid waste.

7. Organize regular health check-ups and ensure benefits for workers participating in the collection and transportation of municipal solid waste as prescribed.

8. Report annually on the situation of collection and transportation of municipal solid waste as prescribed.

Article 19. Selection of technology for processing household solid waste

1. Technologies for processing household solid waste include:

a) Organic fertilizer production technology;

b) Incineration technology;

c) Sanitary landfilling technology;

d) Recycling, energy recovery, and product manufacturing technologies from useful components in household solid waste;

đ) Other environmentally friendly technologies.

2. The selection of technology for processing household solid waste shall be based on the following criteria:

a) On technology:

- Ability to accept various types of household solid waste, flexibility, suitability in scale, and capacity expansion;

- Degree of automation and localization of equipment chains; rate of treatment, reuse, recycling, and landfilling of household solid waste;

- Prioritizing technologies that have been evaluated and certified by competent authorities to meet technical environmental standards and are suitable for Vietnam's conditions;

- Management, operation, and maintenance that are appropriate to the local human resource level and capabilities.

b) Regarding the environment and society:

- Ensuring technical standards and regulations;

- Saving land area usage;

- Energy conservation and energy recovery during the processing process;

- Training and utilizing local human resources.

c) Regarding economy:

- Processing costs that are commensurate with the local budget or not exceeding the processing cost announced by the competent authority;

- Marketability of products produced from household solid waste processing and recycling technologies.

3. Based on the provisions of Clause 2 of this Article, the People's Committee of the province or the investor shall select appropriate technology for processing household solid waste according to local conditions.

Article 20. Selection of investors and processors of household solid waste

1. The selection of investors for household solid waste processing facilities shall comply with laws on investment, construction, and bidding.

2. The selection of processors for household solid waste processing facilities funded by state budget must comply with laws on public service product supply.

3. In cases where household solid waste processing facilities are invested outside the state budget, the investor may directly manage and operate the facility or hire organizations or individuals to manage and process household solid waste according to relevant laws.

Article 21. Environmental protection requirements for household solid waste processing facilities

1. There must be an environmental impact assessment report approved by the competent authority for investment projects of household solid waste processing facilities.

2. There must be systems and equipment for processing (including preliminary processing, recycling, co-processing, and energy recovery), temporary storage areas that meet technical requirements and management procedures as prescribed.

3. There must be environmental protection works at household solid waste processing facilities that meet technical requirements and management procedures as prescribed.

4. There must be an environmental management and monitoring program.

5. Household solid waste processing facilities must be confirmed by the competent authority to meet environmental protection requirements before officially operating.

6. Before conducting trial operations, the processor of household solid waste must report to the competent authority for confirmation that the facility meets environmental protection requirements regarding the trial operation plan. The trial operation period for household solid waste processing shall not exceed six months.

7. The Ministry of Natural Resources and Environment confirms or adjusts confirmation of meeting environmental protection requirements for:

a) Household solid waste processing facilities whose environmental impact assessment reports are approved by the Ministry of Natural Resources and Environment;

b) Household solid waste processing facilities receiving household solid waste from multiple provinces;

c) Household solid waste processing facilities combining hazardous waste processing (replaced by Hazardous Waste Treatment Permit).

8. The People's Committee of the province confirms or adjusts confirmation of meeting environmental protection requirements for household solid waste processing facilities within its approval jurisdiction for environmental impact assessment reports and those only accepting household solid waste from within the province.

9. The time for submitting registration documents for confirmation of meeting environmental protection requirements for household solid waste processing facilities is as follows:

a) Within six months from the start of trial operation;

b) For projects with multiple phases, registration documents for confirmation of meeting environmental protection requirements can be submitted for each phase of the project.

10. If there are changes in scale, capacity, or technology at household solid waste processing facilities, they must submit adjustment and confirmation documents for meeting environmental protection requirements to the competent authority for review and adjustment according to regulations.

11. If household solid waste processing facilities also handle general industrial solid waste, the confirmation of meeting environmental protection requirements for both household solid waste and general industrial solid waste processing facilities will be integrated.

12. The confirmation of meeting environmental protection requirements as stipulated in this Article does not apply to the following cases:

a) Facilities for processing household solid waste that are not required to prepare an environmental impact assessment report according to regulations; facilities for processing household solid waste that have commenced operations and completed environmental protection works according to regulations before this Decree takes effect;

b) Sanitary landfills for household solid waste operating before this Decree takes effect;

c) Internal preliminary processing, reuse, recycling, processing, co-processing, and energy recovery from household solid waste generated within the premises;

d) Research and development of household solid waste processing technology in experimental environments.

13. The provisions of Clause 1 of this Article do not apply to the following cases:

a) A production facility that has been put into operation in accordance with the provisions of the law wishes to supplement solid waste treatment activities based on existing production technology without being required to prepare an environmental impact assessment report again;

b) A solid waste treatment facility that has been put into operation in accordance with the provisions of the law wishes to renovate and upgrade with more advanced technology to reduce or not increase negative impacts on the environment, improve treatment efficiency, save resources and energy without being required to prepare an environmental impact assessment report again.

Article 22. Responsibilities and authorities of the solid waste treatment facility owner

1. Responsibilities of the solid waste treatment facility owner:

a) Fulfill all requirements for environmental protection as stipulated in Article 21 of this Decree;

b) Fulfill all contents confirming compliance with environmental protection requirements for the solid waste treatment facility and the application file for confirmation of compliance with environmental protection requirements for the solid waste treatment facility attached with the confirmation content. This file serves as a specific basis for environmental management and supervision of the solid waste treatment facility owner;

c) In cases specified in Clause 13 of Article 21, must submit a plan to the competent authority as prescribed in Clauses 7 and 8 of Article 21 of this Decree for review and approval before implementing the activity;

d) Has the responsibility to notify in writing to the state management agency, relevant parties in case of suspending the treatment service for repair, renovation, and upgrading of the treatment service. The notification content must clearly state the reasons, duration of the temporary suspension of the service, and must have a handling plan;

đ) When discovering an environmental incident, must take emergency measures to ensure safety for people and property; organize rescue operations for people and property, and promptly inform the project investor, local authorities, or specialized agencies responsible for environmental protection at the location of pollution or environmental incidents to coordinate in handling;

e) Establish, use, store, and manage reports, files, documents, and logs related to solid waste management in accordance with regulations;

g) In cases where hazardous waste can be separated from solid waste or hazardous waste is generated at the solid waste treatment facility, it must be transferred to management under the regulations on hazardous waste management and fulfill the responsibilities of the hazardous waste generator as stipulated in Chapter II of this Decree;

2. The solid waste treatment facility owner has the right:

a) To be paid the correct and full price for the waste treatment service according to the signed contract;

b) To request the competent state agency to consider amending and supplementing technical regulations and economic and technical norms related to waste treatment activities;

c) Other rights as prescribed by law;

Article 23. Environmental rehabilitation when closing a solid waste landfill

1. The reuse of land after closing a landfill must meet the following requirements:

a) Before reusing the site, an environmental survey and evaluation of related factors must be conducted;

b) During the waiting period for the reuse of the solid waste landfill site, the treatment of leachate and gas must continue normally;

c) Monitor environmental changes at monitoring stations after the closure of the solid waste landfill;

2. Responsibilities of the project investor and the solid waste treatment facility owner:

a) Develop a plan for environmental rehabilitation when closing a solid waste landfill to be submitted to the competent authority as prescribed in Clauses 7 and 8 of Article 21 of this Decree for approval before closing the landfill. For environmental rehabilitation plans for solid waste landfills using financial support from the central government, the plan must be submitted to the Ministry of Natural Resources and Environment for consideration and consolidation;

b) Immediately after closing the solid waste landfill, carry out environmental rehabilitation and landscape restoration while taking preventive measures against environmental pollution according to the approved plan;

c) Organize regular environmental monitoring, track environmental changes at the closed solid waste landfill for at least five (5) years from the date of landfill closure. The results of regular environmental monitoring must be reported to the local environmental management agency;

d) Prepare a topographic map of the area after closing the landfill and ending the operation of the solid waste landfill;

đ) Propose measures to control pollution in subsequent years;

e) Prepare a handover file for the site to the competent state management agency;

3. The Ministry of Natural Resources and Environment shall lead and coordinate with the Ministry of Construction to guide the procedures, formalities, contents of environmental rehabilitation of solid waste landfills and the process of closing solid waste landfills after the end of their operation.

Article 24. Solid Waste Collection, Transportation, and Treatment Service Contracts

1. Types of contracts:

a) Solid waste collection, transportation, and treatment service contract;

b) Solid waste collection and transportation service contract;

c) Solid waste treatment service contract.

2. The Ministry of Construction shall provide model contracts for solid waste collection, transportation, and treatment.

Article 25. Costs of Solid Waste Collection, Transportation, and Treatment

1. Costs of solid waste collection, transportation, and storage generated from individuals, households, and public places shall be covered through local budgets.

2. Treatment costs for solid waste form the basis for determining service prices and serve as grounds for signing solid waste treatment service contracts. Treatment costs for solid waste shall be calculated accurately based on a unit volume of solid waste to ensure proper processing, including:

a) Operating and maintenance costs;

b) Depreciation costs for machinery, plants, and facilities invested in solid waste treatment (including leachate and exhaust gases if applicable) meeting technical standards and regulations;

c) Other costs, taxes, and fees as prescribed by law.

3. Sources of revenue to cover the costs of solid waste collection, transportation, and treatment include sanitation fees and other sources of income as prescribed by law.

Article 26. Prices for Solid Waste Treatment Services

1. Principles and methods of pricing:

a) Linked to service quality and technology; ensuring that solid waste is processed according to technical procedures, meeting environmental standards and contributing to improved environmental quality and community health;

b) Pricing for solid waste treatment services must be based on infrastructure conditions, socio-economic conditions, and the budgetary capacity of local governments.

2. Responsibilities for establishing, reviewing, and approving service prices for solid waste treatment:

a) For solid waste treatment facilities funded by state budgets within a province, the provincial People's Committee assigns relevant departments to develop pricing plans which are then submitted to the Department of Finance to organize reviews and submit to the provincial People's Committee for approval;

b) For solid waste treatment facilities funded from non-state budget sources, the investor develops and submits pricing plans, with the Department of Finance leading the review process in collaboration with related agencies before submitting to the provincial People's Committee for approval;

c) For inter-regional or inter-provincial solid waste treatment projects, the investor submits pricing plans to the Ministry of Finance to lead the review process in collaboration with relevant ministries and sectors. The results of the Ministry of Finance’s review serve as the basis for the People's Committees of provinces within the project area to approve solid waste treatment service prices.

Article 27. Responsibilities of Ministers in Managing Solid Waste

1. The Minister of Natural Resources and Environment shall be responsible for:

a) Guiding procedures, formalities, and documentation for confirming and adjusting confirmations to meet environmental protection requirements for solid waste treatment facilities;

b) Providing technical guidance on management procedures for sorting, storing, collecting, transferring, transporting, pre-processing, reusing, recycling, co-processing, treating, and energy recovery from solid waste; technical requirements and management procedures for cases not requiring confirmation of environmental protection compliance as stipulated in Clause 12, Article 21 of this Decree and other practical cases;

c) Implementing management contents of solid waste to support the establishment and implementation of environmental protection planning as prescribed in Article 98 of the Environmental Protection Law;

d) Managing and inspecting environmental protection activities concerning solid waste management;

e) Leading and coordinating with the Minister of Construction to establish databases on solid waste, managing, exploiting, exchanging, and providing information related to solid waste management.

2. The Minister of Construction shall be responsible for:

a) Guiding investment management of solid waste treatment facilities according to approved planning; methods for developing and managing costs and pricing for solid waste treatment services;

b) Announcing economic and technical norms for solid waste collection, transportation, and treatment; investment capital for constructing solid waste treatment facilities;

c) Coordinating with the Minister of Natural Resources and Environment to establish databases on solid waste, managing, exploiting, exchanging, and providing information related to solid waste management.

3. The Minister of Science and Technology shall lead and coordinate with the Minister of Construction and the Minister of Natural Resources and Environment to review new solid waste treatment technologies researched and applied for the first time in Vietnam.

Article 28. Responsibilities of the Provincial People's Committee in Managing Municipal Solid Waste

1. Organize the management of municipal solid waste within the province, assign and delegate responsibilities to specialized agencies, and delegate management responsibilities to people's committees at all levels for managing municipal solid waste in accordance with regulations.

2. Issue specific regulations on managing municipal solid waste; mechanisms and policies to encourage collection, transportation, and investment in facilities for treating municipal solid waste that are suitable for the socio-economic development conditions of the locality.

3. Direct the establishment, review, approval, and implementation of plans for treating solid waste, environmental protection plans according to their authority; develop annual plans for collecting, transporting, and treating municipal solid waste and allocate funds for implementation in line with the locality’s socio-economic development programs and plans.

4. Establish sanitation fees for households, individuals, production establishments, businesses, services, organizations, and submit them to the Provincial People's Council for decision.

5. Regularly report annually to the Ministry of Natural Resources and Environment and the Ministry of Construction on the situation of managing municipal solid waste within the locality, with reports submitted before March 31 of the following year.

6. Organize propaganda and education on laws related to managing municipal solid waste; direct inspection, supervision, and handling of violations of laws related to managing solid waste within the locality.

Chapter IV

MANAGEMENT OF INDUSTRIAL SOLID WASTE

Article 29. Classification and Storage of Ordinary Industrial Solid Waste

1. Ordinary industrial solid waste must be classified separately from hazardous waste; if it cannot be classified, it must be managed according to regulations governing hazardous waste.

2. The classification, storage of ordinary industrial solid waste must meet technical requirements and management procedures as prescribed.

Article 30. Responsibilities of the Source Generator of Ordinary Industrial Solid Waste

1. Implement the responsibility of classifying, storing ordinary industrial solid waste as stipulated in Article 29 of this Decree.

2. Self-reuse, pre-treatment, recycle, treat, co-treat, recover energy, or enter into contracts with units authorized to transport and treat ordinary industrial solid waste.

3. Periodically report on the generation and management of ordinary industrial solid waste in regular environmental monitoring reports.

Article 31. Collection and Transportation of Ordinary Industrial Solid Waste

1. The collection, transportation, and transfer of ordinary industrial solid waste must ensure that there is no spillage, dust, mist, or leakage of liquid, and comply with technical requirements and management procedures as prescribed.

2. Hazardous waste treatment units that have been granted a Hazardous Waste Treatment Permit may collect and transport ordinary industrial solid waste.

3. Organizations and individuals collecting and transporting ordinary industrial solid waste have the responsibility to transfer the waste to facilities authorized to operate for treating ordinary industrial solid waste in accordance with the law.

Article 32. Environmental Protection Requirements for Industrial General Solid Waste Treatment Facilities

1. There must be an environmental impact assessment report approved by the competent authority for investment projects of household solid waste processing facilities.

2. Systems, equipment for treatment (including preliminary processing, recycling, co-processing, energy recovery), packaging, storage equipment, temporary storage areas or transfer stations, transportation means (if any) must meet technical requirements and management procedures as prescribed.

3. There must be environmental protection works at household solid waste processing facilities that meet technical requirements and management procedures as prescribed.

4. There must be an environmental management and monitoring program.

5. Industrial general solid waste treatment facilities must be confirmed by competent authorities to ensure environmental protection requirements before officially commencing industrial general solid waste treatment operations.

6. Prior to conducting trial operation, the owner of the industrial general solid waste treatment facility must report to the competent authority for confirmation of compliance with environmental protection requirements for the industrial general solid waste treatment facility regarding the trial operation plan. The trial operation period for industrial general solid waste treatment shall not exceed six months.

7. The Ministry of Natural Resources and Environment confirms or adjusts confirmation of meeting environmental protection requirements for:

a) Industrial general solid waste treatment facilities approved by the Ministry of Natural Resources and Environment for submission of environmental impact assessment reports;

b) Industrial general solid waste treatment facilities receiving waste from sources located in multiple provinces;

c) Industrial general solid waste treatment facilities combining hazardous waste treatment (replaced by Hazardous Waste Treatment Permit).

8. Provincial People's Committees confirm or adjust confirmation of compliance with environmental protection requirements for industrial general solid waste treatment facilities within their jurisdiction for approval of environmental impact assessment reports and facilities only receiving waste from sources within the province.

9. The time limit for submitting registration documents for confirmation of compliance with environmental protection requirements for industrial general solid waste treatment facilities is as follows:

a) Not later than six months from the start date of trial operation for projects approved for environmental impact assessments;

b) For projects with multiple phases, registration documents for confirmation of compliance with environmental protection requirements for industrial general solid waste treatment facilities can be submitted for each phase of the project.

10. In cases where there are changes in scale, capacity, or technology at industrial general solid waste treatment facilities, they must prepare documents requesting adjustment of confirmation of compliance with environmental protection requirements for the industrial general solid waste treatment facility to be reviewed and adjusted by the competent authority according to regulations.

11. The confirmation of compliance with environmental protection requirements as stipulated in this Article does not apply to the following cases:

a) Industrial general solid waste treatment facilities that have commenced operations and been confirmed to complete environmental protection works in accordance with regulations prior to the effective date of this Decree;

b) Reuse of industrial general solid waste;

c) Self-preliminary processing, recycling, co-processing, treatment, and energy recovery from internally generated industrial general solid waste within the facility premises;

d) Research and development of industrial general solid waste treatment technologies in experimental environments.

12. The provisions of Clause 1 of this Article do not apply to the following cases:

a) Production facilities that have commenced operations in accordance with legal regulations and require additional co-processing of industrial general solid waste based on existing production technology without the need to resubmit an environmental impact assessment report;

b) Waste treatment facilities that have commenced operations in accordance with legal regulations and require renovation or upgrading with more advanced technology to reduce or not increase negative impacts on the environment, improve treatment efficiency, conserve resources and energy without the need to resubmit an environmental impact assessment report.

Article 33. Responsibilities of the Solid Waste Industrial General Treatment Facility Owner

1. Establish registration files to be confirmed as meeting environmental protection requirements for the solid waste industrial general treatment facility.

2. In cases specified in Clause 12, Article 32, there must have a plan submitted to the competent authority as prescribed in Clauses 7 and 8, Article 32 of this Decree for review and approval before commencing operations.

3. Treat solid waste industrially generally in accordance with the operational area, capacity, type of waste, and systems and equipment for treating waste that have been invested in, installed, and confirmed.

4. In case hazardous waste is generated from the solid waste industrial general treatment facility, the owner must fulfill the responsibilities of the hazardous waste generator as stipulated.

5. Fully implement all contents confirming compliance with environmental protection requirements for the solid waste industrial general treatment facility and the registration file requesting confirmation of compliance with requirements for the solid waste industrial general treatment facility attached with the Confirmation Certificate. This file serves as a specific basis for environmental management and monitoring activities for the solid waste industrial general treatment facility owner.

6. Establish, use, store, and manage reports, files, documents, and logs related to the management of solid waste industrially generally according to regulations. If the solid waste industrial general treatment facility owner also operates hazardous waste treatment or municipal solid waste treatment facilities, they may integrate reports, files, documents, and logs for both hazardous waste or municipal solid waste and solid waste industrially generally management.

7. Apply national standards on environmental management systems (TCVN ISO 14001) within twenty-four months from the date of confirmation of compliance with environmental protection requirements for the solid waste industrial general treatment facility or twenty-four months from the effective date of this Decree for operating facilities.

8. Implement pollution control and environmental restoration plans, and notify in writing the competent authority confirming compliance with environmental protection requirements for the solid waste industrial general treatment facility within six months from the cessation of operations.

Article 34. Responsibilities of the Minister of Natural Resources and Environment in Managing Solid Waste Industrially Generally

1. Uniformly perform state management functions regarding solid waste industrially generally and issue regulations on:

a) Technical requirements and management procedures for sorting, storing, transferring, transporting, pre-processing, reusing, recycling, co-processing, treating, and recovering energy from solid waste industrially generally; technical requirements and management procedures related to environmental protection requirements for solid waste industrial general treatment facilities and the implementation of responsibilities during the operational phase by the waste generator and solid waste industrial general treatment facility owner;

b) Procedures and formalities for confirming and adjusting confirmation of compliance with environmental protection requirements for solid waste industrial general treatment facilities;

c) Technical requirements and management procedures for cases not requiring confirmation of compliance with environmental protection requirements as stipulated in Clause 11, Article 32 of this Decree and other cases arising in practice.

2. Organize management, inspection of activities, and related files, contracts, and reports of solid waste industrial general treatment facility owners within their jurisdiction.

3. Organize the construction and operation of a national database on solid waste industrially generally; enhance the use of information systems or email to notify, guide, and exchange with organizations and individuals during the confirmation of compliance with environmental protection requirements for solid waste industrial general treatment facilities.

4. Organize the implementation of solid waste industrial general management contents serving the establishment and implementation of environmental protection planning as stipulated in Article 98 of the Environmental Protection Law.

Article 35. Responsibilities of the Provincial People's Committee in Managing General Industrial Solid Waste

1. Organize management and inspection of activities and related files, contracts, reports concerning general industrial solid waste treatment subjects confirmed by the Provincial People's Committee to ensure environmental protection requirements.

2. Update information on general industrial solid waste into the national database; enhance the use of information systems or email for notification, guidance, and exchange with organizations and individuals during the confirmation process to ensure environmental protection requirements for general industrial solid waste treatment facilities.

3. Annually compile and update statistics on the generation and management of general industrial solid waste in the locality and report to the Ministry of Natural Resources and Environment for consolidation and monitoring; the deadline for the report is before March 31 of the following year.

Chapter V

MANAGEMENT OF WASTEWATER

Article 36. General Principles for Wastewater Management

1. Wastewater must be managed through activities to reduce, reuse, collect, and treat to meet technical environmental standards.

2. Discharging wastewater must be managed both according to administrative boundaries and watershed areas.

3. Organizations and individuals generating wastewater must pay fees and service charges for wastewater treatment as prescribed by law.

4. Encourage activities aimed at reducing and reusing wastewater.

Article 37. Collection and Treatment of Wastewater

1. Industrial zones must have separate systems for collecting rainwater and centralized collection and treatment systems for wastewater that meet technical environmental standards. The wastewater treatment system must ensure sufficient capacity to handle all wastewater generated by facilities within the industrial zone and must be constructed and operated before these facilities commence operations. Neighboring industrial zones may combine the use of centralized wastewater treatment systems.

2. Urban areas, concentrated residential areas, high-rise buildings, and integrated service-commercial complexes must have systems for collecting rainwater and treating wastewater according to planning and adhering to technical standards for constructing infrastructure engineering works.

3. Production, business, and service establishments must have systems for collecting rainwater and treating wastewater in the following forms:

a) Treating wastewater at the establishment's own treatment system that meets technical environmental standards before discharging it into the environment;

b) Ensuring the quality of wastewater entering the centralized treatment system of the industrial zone or craft village in accordance with the owner's regulations of the industrial zone or craft village's infrastructure;

c) Transferring to external units with the appropriate functions for treatment as prescribed: For hazardous wastewater, it shall be managed according to the regulations on hazardous waste management in Chapter II of this Decree; for non-hazardous wastewater, it is only allowed to transfer to units with suitable functions for treatment.

Article 38. Discharge of Wastewater into Receiving Water Bodies

1. The discharge of wastewater from production, business, and service establishments into receiving water bodies must comply uniformly with national technical environmental standards issued by the Ministry of Natural Resources and Environment or local technical environmental standards.

2. Sources of wastewater discharged into receiving water bodies must be regularly investigated and assessed.

3. The discharge of wastewater into receiving water bodies must be managed in accordance with the environmental water body's carrying capacity and wastewater discharge quotas as prescribed.

Article 39. Monitoring of Wastewater Discharge

1. The discharge activities of wastewater from production, business, service establishments, and industrial zones must be monitored regularly according to the environmental impact assessment report that has been approved, the environmental protection plan that has been confirmed, or equivalent documents as prescribed by law.

2. Industrial zones must install automatic continuous wastewater monitoring systems and directly transmit data to the local Department of Natural Resources and Environment.

3. Production, business, and service establishments outside industrial zones with a wastewater discharge volume of 1,000 m³/day-night or more (excluding cooling water) must install automatic continuous wastewater monitoring systems and directly transmit data to the local Department of Natural Resources and Environment.³4. It is encouraged for production, business, and service establishments outside industrial zones with a wastewater discharge volume of less than 1,000 m³/day-night (excluding cooling water) and having a risk of harming the environment to install automatic continuous wastewater monitoring equipment.

Article 40. Management of Water and Sludge After Wastewater Treatment³1. Treated wastewater must be collected for reuse purposes or discharged into receiving water bodies.

2. The reuse of treated wastewater must comply with specific regulations for each intended use.

3. Sludge from the wastewater treatment system shall be managed as follows:

a) Sludge containing hazardous factors exceeding the threshold for hazardous waste must be managed in accordance with the regulations on hazardous waste management set forth in Chapter II of this Decree;

b) Sludge not containing hazardous factors exceeding the threshold for hazardous waste must be managed in accordance with the regulations on general industrial solid waste management set forth in Chapter IV of this Decree.

Article 41. Environmental Water Carrying Capacity and Wastewater Discharge Quotas

1. The environmental water carrying capacity must be assessed based on each pollution parameter, serving as the basis to control the load of that pollution parameter from all wastewater discharge sources within the watershed, based on the highest negative impacts.

2. The carrying capacity is considered and evaluated based on the characteristics of the purpose of use and the self-cleaning capacity of the receiving environment; the scale and nature of current and planned wastewater discharge sources according to socio-economic development planning.

3. Wastewater discharge quotas are determined and allocated based on the environmental water carrying capacity corresponding to the stage of socio-economic development planning.

4. The environmental water carrying capacity and wastewater discharge quotas serve as one of the bases for establishing or adjusting socio-economic development planning and sectoral development planning; considering approval of investment proposals and investment certification for projects.

Article 42. Resources for Wastewater Management

1. The State encourages all forms of investment in the field of wastewater management in accordance with the laws on investment.

2. Revenue from domestic wastewater treatment services must gradually cover the costs of centralized domestic wastewater treatment services.

3. Revenues from wastewater (domestic and industrial) must be used for preventive measures, reduction, control, and remediation of pollution caused by wastewater.

2. Revenue from domestic wastewater treatment services must gradually cover the costs of centralized domestic wastewater treatment services.

3. Revenues from wastewater (domestic and industrial) must be used for purposes of preventing, reducing, controlling, and remedying pollution caused by wastewater.

Article 43. Responsibilities of Ministers in managing wastewater

1. The Minister of Natural Resources and Environment shall be responsible for:

a) Prescribing technical requirements and management procedures for: Reuse of wastewater; management of cooling water; collection and treatment of initial stormwater runoff that may be contaminated within the premises of production, business, and service facilities; transfer of wastewater for external treatment outside the facility; entities required to have wastewater treatment systems; continuous automatic monitoring of wastewater for facilities with a high risk of causing environmental pollution; material and technical infrastructure conditions for agencies receiving data from continuous automatic wastewater monitoring and reporting mechanisms;

b) Developing and promulgating guidelines for assessing the capacity of receiving sources, usage zones, and determining discharge quotas for wastewater into receiving sources; developing and allocating discharge quotas for inter-provincial river basins; managing the exchange of wastewater discharge quotas;

c) Directing the management and treatment of wastewater and uniformly issuing environmental technical standards for discharging wastewater into receiving sources;

d) Monitoring and controlling water quality at receiving sources in inter-provincial and international river basins;

e) Developing investigation, assessment procedures, and building databases on industrial wastewater in river basins; managing industrial wastewater databases in inter-provincial river basins and operating information sharing mechanisms for industrial wastewater in inter-provincial and international river basins.

2. Responsibilities of relevant ministers regarding the management of wastewater from certain special sources shall be carried out in accordance with the provisions of Chapter VII of this Decree.

Article 44. Responsibilities of provincial People's Committees in managing wastewater

1. Directing and organizing the collection and treatment of domestic wastewater within the province.

2. Monitoring and controlling water quality at receiving sources within the province; investing in material and technical infrastructure to receive and manage results from continuous automatic wastewater monitoring.

3. Organizing assessments of the capacity, promulgating and allocating discharge quotas for intra-provincial river basins; announcing information on receiving sources that can no longer accept wastewater within the managed area.

4. Organizing investigations, assessments, building databases on industrial wastewater, managing, inspecting, and supervising industrial wastewater entering intra-provincial receiving sources; coordinating with the Ministry of Natural Resources and Environment and related localities to organize management, inspection, and supervision of industrial wastewater entering inter-provincial receiving sources according to regulations.

5. Annually reporting the situation of wastewater management and treatment to the Ministry of Natural Resources and Environment for consolidation and tracking.

Chapter VI

INDUSTRIAL GAS EMISSION MANAGEMENT

Article 45. Registration, inventory, and establishment of databases on industrial gas emissions

1. Project owners and facilities listed in the annex of this Decree as large-scale gas emission sources must register as industrial gas emission sources, except where the gas emission source has activities involving co-processing hazardous waste under a Hazardous Waste Treatment Permit or has been confirmed to meet environmental protection requirements for facilities treating household solid waste or general industrial solid waste.

2. Registration of industrial gas emission sources must be conducted when the production facility officially operates or when there are plans to change industrial gas emission sources (increasing emission volume or number of emission sources).

3. The Ministry of Natural Resources and Environment will receive registration files; conduct inventories of industrial gas emissions and establish databases on industrial gas emissions.

Article 46. Issuance of Industrial Emission Discharge Permits

1. The Ministry of Natural Resources and Environment shall examine the registration files of industrial emission sources and issue Industrial Emission Discharge Permits for operating facilities listed in the Appendix of this Decree as large-scale emission sources, except where the source owner has activities involving co-processing of hazardous waste that have been granted Hazardous Waste Treatment Permits, or facilities confirmed to meet environmental protection requirements for household solid waste treatment or general industrial solid waste treatment.

2. The validity period of the Industrial Emission Discharge Permit is five (5) years. In cases where there are changes in the industrial emission sources (increased emissions, number of emission sources), the facility must submit an application file for review and reissue of the Industrial Emission Discharge Permit.

3. The issuance of Industrial Emission Discharge Permits shall be implemented from January 1, 2018.

Article 47. Continuous Automatic Monitoring of Industrial Emissions

1. Owners of industrial emission sources listed in the Appendix of this Decree as large-scale emission sources must install continuous automatic emission monitoring equipment and directly transmit data to the local Department of Natural Resources and Environment.

2. The local Department of Natural Resources and Environment shall be responsible for transmitting continuous automatic emission monitoring data to the Ministry of Natural Resources and Environment.

Article 48. Responsibilities of the Minister of Natural Resources and Environment in Managing Industrial Emissions

The Minister of Natural Resources and Environment shall stipulate procedures and formalities for registering and inventorying industrial emissions, issuing Industrial Emission Discharge Permits; establish a database on industrial emissions; technical requirements and standards for connecting data from continuous automatic industrial emission monitoring systems.

Chapter VII

MANAGEMENT OF CERTAIN SPECIAL WASTES

Article 49. Management of Medical Waste

1. Medical waste (excluding wastewater treated through the healthcare facility's sewage system) must be sorted at the source as follows:

a) Hazardous medical waste includes: Infectious waste; non-infectious hazardous waste (separately classified according to the list and management regulations for hazardous waste in Chapter II of this Decree); radioactive waste (managed according to radiation regulations).

b) General medical waste includes: Ordinary solid waste (including household solid waste); non-hazardous liquid waste products.

2. Infectious waste must be strictly managed with the highest level of control within healthcare facilities to ensure it does not spread pathogens affecting the environment and human health.

3. If infectious waste is mixed with household solid waste or general waste, such mixed waste must be managed according to hazardous waste regulations.

4. Healthcare facilities shall choose one of the following options for managing hazardous medical waste based on planning, geographical factors, economic conditions, and environmental conditions:

a) Centralized medical waste treatment facility or centralized waste treatment facility with a medical waste treatment unit;

b) Medical waste treatment model for clusters of healthcare facilities (medical waste from a cluster of healthcare facilities is collected and treated together in the system and equipment of one facility in the cluster);

c) Medical waste treatment within the system and equipment located within the premises of the healthcare facility.

5. Treatment of hazardous medical waste:

a) Prioritize non-incineration technologies that are environmentally friendly and ensure compliance with environmental technical standards;

b) After disinfection, infectious waste can be treated like general waste using appropriate methods.

6. The Minister of Natural Resources and Environment shall provide detailed regulations on the transportation and treatment of medical waste.

7. The Minister of Health shall lead and coordinate with the Minister of Natural Resources and Environment to provide detailed regulations on sorting, storing, and managing medical waste within the premises of healthcare facilities and waste generated from funeral and cremation activities.

Article 50. Management of Solid Waste from Construction Activities

1. Solid waste from construction activities (including renovation, demolition of buildings, collectively referred to as construction solid waste) must be classified and managed as follows:

a) Soil and sludge from earth excavation, surface layer dredging, and foundation pile driving shall be used for land reclamation for planting or suitable areas.

b) Rock, solid waste from building materials (bricks, tiles, mortar, concrete, expired binding materials) shall be recycled as building materials or reused as fill material for construction projects or buried in construction solid waste landfill sites.

c) Recyclable solid waste such as glass, iron and steel, wood, paper, plastic shall be recycled and reused.

2. Households in urban areas when carrying out renovation or demolition of construction projects must have measures for collecting, transporting, and processing construction solid waste according to regulations.

3. Households in rural, remote, and mountainous areas without waste collection systems when carrying out renovation or demolition of construction projects must manage construction waste according to local authorities' guidelines, and must not dump waste on roads, rivers, streams, canals, and surface water sources.

4. The Minister of Construction shall take the lead and coordinate with the Minister of Natural Resources and Environment to specify detailed regulations on classification, collection, reuse, recycling, and treatment of construction waste.

Article 51. Management of Waste from Agricultural Activities

1. Hazardous waste, including packaging containing harmful chemicals or harmful chemical products used in agriculture and forestry, must be collected, stored, transported, and treated according to hazardous waste management regulations.

2. Packaging containing plant protection chemicals that has been cleaned of harmful components after use may be managed like general waste.

3. Livestock wastewater may be reused for irrigation or other agricultural production activities according to regulations of the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment.

4. The Minister of Agriculture and Rural Development shall take the lead and coordinate with the Minister of Natural Resources and Environment to provide detailed guidance on the collection and storage of waste generated from agricultural activities.

5. The Minister of Natural Resources and Environment shall specify detailed regulations on the treatment of packaging, plant protection chemicals, fertilizers, and veterinary drugs generated from agricultural activities.

Article 52. Management of Waste from Transportation Activities

1. Solid waste generated within the territory of Vietnam from international transportation vehicles shall be managed according to this Decree's provisions, without applying import and trade laws.

2. The Minister of Transport shall take the lead and coordinate with the Minister of Natural Resources and Environment to specify technical requirements and management procedures for hazardous waste, general solid waste, wastewater, and exhaust gas generated from road, air, maritime, inland waterway, and rail transportation activities, ensuring compliance with international treaties to which the Socialist Republic of Vietnam is a party.

Article 53. Management of Dredged Mud

1. Dredged mud from the sea, rivers, lakes, canals, ditches, drainage systems, and other water areas must be collected, transported, disposed of, reused, recycled, and treated in accordance with the provisions of the law.

2. The Minister of Construction shall stipulate the management of waste sludge from septic tanks (also called septic pits, cesspools) and waste sludge from urban drainage systems.

3. The Minister of Agriculture and Rural Development shall stipulate the management of dredged mud from canals, ditches, and hydraulic works.

4. The Minister of Natural Resources and Environment shall stipulate the management of dredged mud from the sea, rivers, lakes, and other water areas.

5. The People's Committee of the province shall stipulate the disposal sites and treatment of dredged mud.

Article 54. Management of Non-Hazardous Liquid Waste Products

1. The source of waste products has the responsibility to organize the reuse, recycling, processing, co-processing, and energy recovery from non-hazardous liquid waste products in compliance with environmental technical standards.

2. In cases where non-hazardous liquid waste products are processed at the on-site wastewater treatment system of the generating facility or industrial park, they shall be managed according to the regulations on wastewater management in Chapter V of this Decree.

3. In cases where non-hazardous liquid waste products cannot be processed at the generating facility, they may only be transferred to a facility with the appropriate function for processing upon approval by the authority responsible for approving environmental impact assessment reports, environmental protection plans, or equivalent documents for the receiving facility.

4. The Minister of Natural Resources and Environment shall stipulate technical requirements and management procedures for the classification, storage, collection, transportation, reuse, recycling, and treatment of non-hazardous liquid waste products.

Chapter VIII

ENVIRONMENTAL PROTECTION IN IMPORTING WASTE MATERIALS

Article 55. Entities Permitted to Import Waste Materials from Abroad into Vietnam

1. Organizations and individuals directly using imported waste materials as production raw materials.

2. Organizations and individuals entrusted to import waste materials on behalf of organizations and individuals using imported waste materials as production raw materials.

Article 56. Environmental Protection Conditions in Importing Waste Materials

1. Organizations and individuals directly importing waste materials as production raw materials must meet the following conditions:

a) Storage Warehouse for Imported Waste Materials

- Having a rainwater collection system; a system for collecting and treating wastewater generated during the storage of waste materials to ensure compliance with national environmental technical standards.

- Ensuring ground elevation to prevent flooding; the floor surface within the storage area designed to prevent rainwater overflow from outside; the floor must be tightly sealed, without cracks, made of waterproof material, and sufficiently durable to withstand the maximum weight of waste materials calculated.

- Having fire-resistant walls and partitions. A fully enclosed roof against sun and rain for the entire storage area made of fire-resistant material; measures or designs to minimize direct wind entry inside.

-[4] (is repealed)

b) Storage Area for Imported Waste Materials

- Having a system for collecting and treating initial rainwater runoff through the imported waste material storage area and wastewater generated during the storage of waste materials to ensure compliance with environmental technical standards.

- Ensuring ground elevation to prevent flooding; the floor must be tightly sealed, without cracks, made of waterproof material, and sufficiently durable to withstand the maximum weight of waste materials calculated.

- Measures to reduce dust generation from the storage area.

-[5] (is repealed)

c) Recycling and Reuse Technology and Equipment must comply with technical requirements and management procedures as prescribed;

d) Having technology and equipment to treat accompanying impurities in waste materials in compliance with environmental technical standards. In cases where there is no such technology or equipment, it must be transferred to a suitable entity for treatment;

đ) Providing a guarantee deposit for imported waste materials in accordance with the provisions of this Decree;

e) Having a commitment document regarding the re-export or treatment of waste materials in cases where imported waste materials do not meet environmental protection requirements.

2. Organizations and individuals entrusted with importing waste materials must meet the following conditions:

a) Having a consignment import contract signed with organizations and individuals using imported waste materials as production raw materials that comply with the provisions of Clause 1 of this Article;

b) Providing a guarantee deposit for imported waste materials in accordance with the provisions of this Decree;

c) Having a commitment document regarding the re-export or treatment of waste materials in cases where imported waste materials do not meet environmental protection requirements;

d) Not allowed to store imported waste materials if there is no warehouse meeting the conditions stipulated in Clause 1 of this Article.

3. The Minister of Natural Resources and Environment shall stipulate the procedures and formalities for confirming compliance with environmental protection conditions in importing waste materials as production raw materials as prescribed in Clauses 1 and 2 of this Article; guiding technical requirements and environmental protection for the technology and equipment to treat accompanying impurities in imported waste materials as prescribed in Point d Clause 1 of this Article.

Article 57. Purpose and Method of Deposit for Imported Waste Guarantee

1. The deposit for guaranteeing imported waste is to ensure that organizations and individuals importing waste are responsible for handling risks and environmental pollution hazards that may arise from the imported waste consignment.

2. Organizations and individuals importing waste shall make the deposit with the Vietnam Environmental Protection Fund or at a commercial bank where the organization or individual maintains their main transaction account.

3. Methods of deposit:

a) The deposit amount is paid and refunded in Vietnamese dong;

b) The deposit earns interest without notice from the date of deposit.

Article 58. Amount of Deposit for Guaranteeing Imported Waste

1. Organizations and individuals importing scrap iron and steel must make a deposit for guaranteeing imported waste in accordance with the following amounts:

a) For imports under 500 tons, a deposit of 10% of the total value of the imported waste consignment must be made;

b) For imports from 500 tons to under 1,000 tons, a deposit of 15% of the total value of the imported waste consignment must be made;

c) For imports of 1,000 tons or more, a deposit of 20% of the total value of the imported waste consignment must be made.

2. Organizations and individuals importing scrap paper and plastic waste must make a deposit for guaranteeing imported waste in accordance with the following amounts:

a) For imports under 100 tons, a deposit of 15% of the total value of the imported waste consignment must be made;

b) For imports from 100 tons to under 500 tons, a deposit of 18% of the total value of the imported waste consignment must be made;

c) For imports of 500 tons or more, a deposit of 20% of the total value of the imported waste consignment must be made.

3. Organizations and individuals importing waste not covered by Clause 1 and Clause 2 of this Article must make a deposit for guaranteeing imported waste in the amount of 10% of the total value of the imported waste consignment.

Article 59. Procedure for Deposit for Guaranteeing Imported Waste

1. Organizations and individuals importing waste must make the deposit at least 15 working days before proceeding with the customs clearance procedures for imported waste.

2. After receiving the deposit, the Vietnam Environmental Protection Fund or the commercial bank confirms the deposit of the organization or individual importing waste. A certified copy of the deposit confirmation certificate must be submitted together with the customs clearance dossier for imported waste.

Article 60. Management and Use of the Deposit for Guaranteeing Imported Waste

1. The Vietnam Environmental Protection Fund or the commercial bank where the organization or individual makes the deposit for guaranteeing imported waste has the responsibility to freeze the deposit amount.

2. The Vietnam Environmental Protection Fund or the commercial bank that received the deposit has the responsibility to refund the deposit amount to the organization or individual importing waste within five working days upon receipt of a written request from the organization or individual importing waste accompanied by a certified copy of the customs declaration stamped with the clearance confirmation seal or a certified copy of the customs declaration stamped with the re-export confirmation seal.

3. In cases where imported waste is not cleared or cannot be re-exported, the deposit amount will be used to pay for the costs of handling non-compliant waste. If the deposit amount for imported waste is insufficient to cover all the costs for handling non-compliant imported waste, the organization or individual importing waste shall be responsible for paying these costs.

4. In cases where there is excess deposit amount for imported waste after payment for handling non-compliant imported waste, within five working days after receiving a written opinion from the provincial People's Committee where the violation was handled regarding the completion of the waste handling process, the Vietnam Environmental Protection Fund or the commercial bank shall have the responsibility to refund the remaining deposit amount to the organization or individual importing waste.

5. The Minister of Natural Resources and Environment shall take the lead and coordinate with the Minister of Finance to stipulate the procedures, formalities, and use of the deposit for imported waste to handle non-compliant imported waste that cannot be re-exported.

Article 61. Responsibilities of the Minister of Natural Resources and Environment

1. To take the lead and coordinate with relevant agencies to guide and inspect the importation of waste materials for production purposes in accordance with the provisions of the Environmental Protection Law.

2. To submit to the Prime Minister for consideration and decision on the trial importation of waste materials and adjustments and supplements to the list of waste materials permitted for import from abroad as raw materials for production.

Article 62. Responsibilities of the People's Committee of the province

1. The People's Committee of the province where organizations and individuals establish production facilities shall guide the periodic inspection of environmental protection activities of organizations and individuals importing waste materials and report to the Ministry of Natural Resources and Environment on the situation of waste material imports, usage, and related environmental issues before March 31 of the following year.

2. The People's Committee of the province where violations occur shall be responsible for:

a) Directing, guiding, planning, and organizing the handling of imported waste material consignments;

b) Taking the lead and coordinating with the People's Committee of the province where organizations and individuals establish production facilities to handle violations related to imported waste material consignments.

Article 63. Responsibilities of organizations and individuals importing and using waste materials

1. To comply with environmental protection regulations in the importation of waste materials.

2. To pay all costs for the processing of imported waste materials if the amount of security deposit is insufficient to cover the processing costs of imported waste materials that violate environmental protection regulations.

3. Annually, before January 15 of the following year, organizations and individuals with production facilities using imported waste materials must report on the situation of waste material imports and usage in the year to the Department of Natural Resources and Environment.

Chapter IX

IMPLEMENTING PROVISIONS

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Article 64. Transitional Provisions

1. Organizations and individuals who have been issued Hazardous Waste Emission Source Registers in accordance with the provisions prior to the effective date of this Decree may continue to use them.

2. Organizations and individuals who have been issued Hazardous Waste Management Permits in accordance with the provisions prior to the effective date of this Decree may continue to use them until their validity period expires as indicated on the permit.

3. Applications received by competent state authorities for administrative procedures regarding waste management and waste material control prior to the effective date of this Decree shall be processed in accordance with the laws at the time of receipt.

4. In cases where solid waste treatment facilities (excluding those specified in Point b Clause 12 Article 21 of this Decree) have been approved for Environmental Impact Assessment reports prior to the effective date of this Decree but have not yet been inspected and confirmed to have completed environmental protection works, they shall be replaced by confirmation of compliance with environmental protection requirements. If such facilities have already been inspected and confirmed to have completed environmental protection works and require confirmation of compliance with environmental protection requirements, they shall submit applications in accordance with the regulations.

5. In cases where general industrial solid waste treatment facilities have been approved for Environmental Impact Assessment reports prior to the effective date of this Decree but have not yet been inspected and confirmed to have completed environmental protection works, they shall be replaced by confirmation of compliance with environmental protection requirements. If such facilities have already been inspected and confirmed to have completed environmental protection works and require confirmation of compliance with environmental protection requirements, they shall submit applications in accordance with the regulations.

6. Organizations and individuals who have been issued Certificates of Eligibility for Importing Waste Materials prior to the effective date of this Decree may continue to import waste materials until the expiration date of the Certificate of Eligibility for Importing Waste Materials.

Article 65. Responsibilities for Guidance and Implementation

1. The Ministry of Natural Resources and Environment within its functions, tasks, and authorities shall be responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of Ministries equivalent to ministries, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree; they shall report annually on the situation of waste generation and management within their assigned authority (the reporting period runs from January 1 to December 31 each year) to the Ministry of Natural Resources and Environment for consolidation and monitoring before March 31 of the following year.

Article 66. Effective Date

1. This Decree takes effect from June 15, 2015.

2. Articles (except Articles 7, 8, 9, 10, 11, 13, 15, 16, 17, 18) of Decree No. 59/2007/NĐ-CP dated April 9, 2007 of the Government on solid waste management; Clause 4, Clause 6 of Article 4, Clause 3 of Article 45 of Decree No. 80/2014/NĐ-CP dated August 6, 2014 of the Government on drainage and wastewater treatment; Point 1.3 of Section X Part A of the detailed list of fees and charges issued together with Decree No. 24/2006/NĐ-CP dated March 6, 2006 of the Government amending and supplementing certain articles of Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on Fees and Charges; Decree No. 174/2007/NĐ-CP dated November 29, 2007 of the Government on environmental protection fees for solid waste shall cease to be effective from the date this Decree takes effect./.

Place of Receipt: - Office of the Government (for publication in the Official Gazette); - Ministries, agencies equivalent to ministries, and government agencies; - People's Committees of provinces and centrally governed cities; - Provincial Departments of Natural Resources and Environment under the Central Government; - Department of Legal Drafting, Ministry of Justice; - Government Portal (for publication); - Units subordinate to the Ministry of Natural Resources and Environment; - Electronic Information Portal of the Ministry of Natural Resources and Environment; - To be filed: VT, PC.

CERTIFIED CONSOLIDATED DOCUMENT THE MINISTER TRAN HONG HA

ANNEX

LIST OF MAJOR SOURCES OF AIR EMISSIONS

(Annexed to Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government)

Serial number	Type	Characteristics
1	Steel billet production	Production volume exceeding 200,000 tons/year
2	Thermal power plants	All, except thermal power plants using natural gas as fuel
3	Cement	All
4	Chemicals and chemical fertilizers	Production volume exceeding 10,000 tons/year
5	Petroleum production industry	Production volume exceeding 10,000 tons/year
6	Industrial boilers	Production volume exceeding 20 tons steam/hour