CIRCULAR
Provisions on management of construction solid waste

^{___________________________}

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

Pursuant to Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Considering the proposal of the Director of the Technical Infrastructure Department;

The Minister of Construction issues this Circular to provide detailed regulations on the management of construction solid waste.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular provides detailed provisions on the classification, collection, reuse, recycling, and treatment of construction solid waste as prescribed in Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste and residue management (hereinafter referred to as Decree No. 38/2015/NĐ-CP).

Article 2. This Circular applies to agencies, organizations, households, individuals within Vietnam, and foreign organizations and individuals (hereinafter referred to as organizations and individuals) involved in activities related to the management of construction solid waste (hereinafter referred to as construction solid waste - CTRXD) on the territory of Vietnam.

Article 2. Interpretation of Terms

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

Point 1. Construction solid waste (CTRXD) is solid waste generated during the surveying, construction, and demolition of projects (including new construction, repair, renovation, relocation, maintenance, restoration, and demolition).

Point 2. Management activities of construction solid waste (CTRXD) include monitoring of CTRXD throughout the process from generation, classification, collection, transportation, temporary storage, recycling, treatment, or reuse with the aim of preventing and minimizing harmful impacts on the environment and human health.

Point 3. The source generator of construction solid waste (CTRXD) is the project investor or the main contractor responsible for construction (authorized by the investor through a contract) that generates construction solid waste (CTRXD).

Point 4. The collector, transporter, and processor of construction solid waste (CTRXD) are organizations and individuals who carry out the collection, transportation, and processing of construction solid waste (CTRXD).

Point 5. A CTRXD treatment facility is a facility providing CTRXD treatment services (which may include recycling, reuse, or landfilling activities).

Article 3. Principles of construction solid waste management

Clause 1. Management of construction solid waste (CTRXD) must comply with general principles of waste management as stipulated in Article 4 of Decree No. 38/2015/NĐ-CP.

Clause 2. When designing projects, design solutions and technologies should be selected and reasonable materials used to minimize the amount of waste generated.

Clause 3. The location and scale of waste collection points, transfer stations, and treatment facilities must be consistent with urban planning and solid waste management planning.

Clause 4. Investment projects for construction solid waste (CTRXD) treatment facilities shall enjoy incentives under current regulations on environmental protection incentives, construction material production, and other incentives.

Clause 5. Encouragement is given to community participation in supervising the implementation of construction solid waste (CTRXD) management regulations in their localities.

Article 4. Database on construction solid waste management

Clause 1. The database on construction solid waste management includes the following data:

Subpoint a) Composition and volume of construction solid waste (CTRXD) generated;

Subpoint b) Volume of construction solid waste (CTRXD) collected, transported, and treated at treatment facilities;

Subpoint c) Composition and volume of construction solid waste (CTRXD) recycled or reused;

Subpoint d) List of organizations and individuals collecting, transporting, and treating construction solid waste (CTRXD).

Clause 2. The database will be updated and published on the websites of local Construction Departments and the Ministry of Construction for management, exploitation, and information provision.

Clause 3. The Ministry of Construction shall uniformly manage the national database on construction solid waste (CTRXD).

Chapter II

CLASSIFICATION, STORAGE, COLLECTION AND TRANSPORTATION

OF CONSTRUCTION SOLID WASTE

Article 5. Classification of Construction and Demolition Waste

1. Construction and Demolition Waste (CTRWD) must be classified immediately at the place of generation according to Clause 1 of Article 50 of Decree No. 38/2015/NĐ-CP into the following categories:

a) Solid waste that can be recycled;

b) Solid waste that can be reused on-site or reused at other construction sites;

c) Non-recyclable and non-reusable solid waste that must be disposed of in landfills;

d) Hazardous waste must be separately classified and managed according to Decree No. 38/2015/NĐ-CP and legal documents guiding the management of hazardous waste.

2. After classification, CTRWD shall not be mixed with other types of waste and must be stored separately as prescribed.

3. In cases where ordinary CTRWD is mixed with hazardous waste, the separation of hazardous waste must be carried out. If separation is not possible, the entire mixture must be managed as hazardous waste.

Article 6. Storage of Construction and Demolition Waste

1. When carrying out construction works, the waste source owner must arrange equipment or areas for storing CTRWD within the construction site premises or at locations as prescribed by local authorities.

2. The storage location for CTRWD must be arranged in places protected from flooding or rainwater overflow from outside, ensuring environmental hygiene around the storage area.

3. Equipment and areas for storing CTRWD must ensure they do not obstruct traffic in the area and maintain urban aesthetics; information labels about the type of CTRWD must be affixed.

4. The duration of CTRWD storage must be appropriate to the characteristics of the waste type and the capacity of the storage equipment and location.

5. Types of CTRWD that can be recycled or reused must be stored in separate equipment or areas.

Article 7. Collection and Transportation of Construction and Demolition Waste

1. CTRWD must be collected and transported to collection points, transfer stations, and treatment facilities constructed according to approved planning schemes or recycling facilities and other projects for recycling and reuse.

2. Transportation must follow designated timeframes and routes, ensuring road safety and compliance with local traffic authority regulations regarding traffic flow.

3. Vehicles transporting CTRWD must meet technical standards and safety requirements, have been inspected, and obtained permits for operation as required by competent authorities.

4. During transportation, vehicles must ensure that waste does not leak, spill, cause dust dispersion, or emit odors.

5. In cases where the waste source owner transports CTRWD themselves, they must comply with the provisions of this Article.

Article 8. Transfer Stations for Construction and Demolition Waste

1. Transfer stations for CTRWD must be planned at convenient traffic locations and must ensure operations do not impact environmental quality or urban aesthetics.

2. Transfer stations for CTRWD may only accept and store ordinary CTRWD; hazardous CTRWD must be directly transported to hazardous waste treatment facilities as prescribed.

3. Transfer stations must have the capacity to accept and store volumes of CTRWD commensurate with collection and transportation capabilities in the area, but not exceeding 80% of the station's storage capacity.

Chapter III

REUSE, RECYCLING, AND TREATMENT OF CONSTRUCTION AND DEMOLITION WASTE

Article 9. Reuse and Recycling of Construction and Demolition Waste

1. Construction and demolition waste (CTRDXD) for reuse must meet technical standards as prescribed.

2. For construction projects specified in Clause 1, Article 11 of this Circular, it is encouraged to implement solutions related to the reuse and recycling of CTRDXD directly on-site within the CTRDXD management plan.

3. CTRDXD with potential for reuse and recycling shall be collected and transported to facilities for processing CTRDXD for recycling and reuse.

4. Types of CTRDXD for recycling and reuse are intended for the following purposes:

a) CTRDXD in concrete and brick form mainly recycled into coarse aggregate, which can be used as material for producing bricks, wall panels, floor tiles, other building materials, or as sub-base material;

b) For CTRDXD such as wood and paper, primarily recycled into raw material for paper and wood production and fuel;

c) For CTRDXD that is mixed asphalt material, may be recycled into asphalt concrete material (in aggregate form);

d) For scrap steel and other metal materials, can be directly reused or serve as raw material for the metallurgical industry;

đ) Other types of CTRDXD, depending on their characteristics and properties (composition), are reused and recycled according to appropriate usage purposes.

Article 10. Treatment of Construction and Demolition Waste

1. Facilities for treating CTRDXD must be constructed in accordance with approved urban planning schemes.

2. It is encouraged to treat CTRDXD at the source of generation using suitable processes and technologies, ensuring safety and environmental requirements.

3. Technologies for treating construction and demolition waste include:

a) Crushing and screening;

b) Production of building materials;

c) Landfilling;

d) Other technologies.

4. The technology for treating CTRDXD must be compatible with the scale, capacity, and socio-economic conditions of the locality, ensuring environmental protection requirements and economic efficiency.

5. Selection of the project investor for constructing facilities for treating CTRDXD must comply with laws on investment, construction, and relevant current laws.

Chapter IV
RESPONSIBILITIES OF THE PARTIES INVOLVED

Article 11. Responsibilities of Waste Generating Entities

1. For construction projects (excluding residential buildings), the waste generating entity has the following responsibilities:

a) To develop a CTRDXD management plan according to the model in Appendix 1 and obtain approval from the project owner (if the main contractor) before commencing construction work; guide subcontractors (if any) to manage CTRDXD according to the CTRDXD management plan;

b) To carry out sorting, storage, collection, transportation, reuse, recycling, and treatment of CTRDXD generated on the construction site according to the CTRDXD management plan;

c) To assign dedicated or part-time staff responsible for occupational safety and health, as stipulated by construction laws, to guide and inspect CTRDXD management in construction projects. Record daily logs and retain documentation of the volume and composition of CTRDXD collected and transported to treatment facilities;

d) To enter into contracts with collectors, transporters, and processors of CTRDXD for transportation and treatment of CTRDXD or self-treatment of CTRDXD at the source of generation in compliance with laws on waste management;

đ) To report the results of CTRDXD management to the project owner (if the main contractor);

e) Other obligations as prescribed by law.

2. For residential construction projects, the waste generating entity is the project owner and shall comply with the provisions of Clause 2, Article 14 of this Circular.

Article 12. Responsibilities of the Waste Collection and Transportation Subject

1. Equip with sufficient equipment and means to carry out waste collection and transportation in accordance with Clause 3, Article 7 of this Circular and other relevant regulations.

2. Collect and transport Construction and Demolition Waste (CTRDX) to transfer stations, treatment facilities, or other works for reuse that meet technical requirements and management procedures as prescribed. Bear responsibility for any incidents occurring during the collection and transportation process.

3. Determine the service fee for waste collection and transportation to serve as the basis for signing collection and transportation contracts.

4. Maintain a record of waste collection and transportation management, including:

a) General information about the waste source owner;

b) The number of trips made daily/monthly by each waste source owner to provide waste collection and transportation services;

c) The volume and type of CTRDX collected and transported;

d) The receiving location for CTRDX processing (transfer stations, treatment facilities, recycling and reuse facilities, etc.);

đ) The service fee for collection and transportation;

e) Other necessary information.

5. Provide information on capacity to the Department of Construction at the local level for management and publication on the website. The format for providing capacity information is set forth in Appendix 3A and 3B issued together with this Circular.

6. Prepare the following reports:

a) Annual report on waste collection and transportation activities (reporting period from January 1 to December 31) according to the form prescribed in Appendix 5 issued together with this Circular and submit the report to the local Department of Construction before January 15 of the following year;

b) Ad hoc reports on waste collection and transportation situations as required by competent state management agencies.

7. Other obligations as prescribed by law.

Article 13. Responsibilities of the Treatment Subject

1. Invest in building and equipping with all necessary equipment and means, and allocate human resources to ensure the capacity to receive CTRDX, meeting environmental protection requirements as prescribed.

2. Receive and treat CTRDX from waste collection and transportation subjects based on contracts signed with waste source owners and issue daily receipts for the volume and composition of CTRDX transported, confirmed by both parties.

3. Maintain a record of CTRDX treatment activities, including:

a) General information of waste collection and transportation subjects;

b) The volume/capacity/number of trips made by vehicles carrying CTRDX received from each waste collection and transportation subject; types of CTRDX received;

c) Treatment technology and measures for CTRDX;

d) Operation logs of project components and equipment in the treatment technology chain (if applicable);

đ) Other necessary information.

4. Develop pricing plans for CTRDX treatment services as the basis for signing treatment service contracts:

a) For treatment facilities funded by the state budget, submit to the Department of Finance for evaluation;

b) For treatment facilities funded by non-state budget sources, the investor approves the pricing plan and notifies the price to the Department of Finance and the Department of Construction for monitoring and management.

5. Comply with the operational management procedures of the treatment facility; implement safety measures during operation and ensure the health of workers.

6. Provide information on capacity to the Department of Construction at the local level for publication on the website. The format for providing capacity information is set forth in Appendix 4 issued together with this Circular.

7. Implement environmental protection laws. Upon discovering environmental incidents, take immediate action to ensure safety for people and property; organize rescue operations and promptly notify the investor, local authorities, or specialized environmental protection agencies where pollution or environmental incidents occur for coordinated handling.

8. Prepare the following reports:

a) Annual report on CTRDX treatment activities (reporting period from January 1 to December 31) according to the form prescribed in Appendix 6 issued together with this Circular and submit the report to the local Department of Construction before January 15 of the following year;

b) Ad hoc reports on CTRDX treatment situations as required by competent state management agencies.

9. Other obligations as prescribed by law.

Article 14. Responsibilities of the Construction Project Investor

1. Investors of construction projects (except those specified in Clause 2 of this Article) shall be responsible for:

a) Approving and sending notice of the waste management plan according to the model in Appendix 1 of this Circular to the Department of Construction (or the construction permit issuing agency according to the分级处理似乎被打断了，我会继续翻译剩余的内容，确保每个段落都按照要求进行准确的翻译：

b) Organizing inspections and supervision of the implementation of the waste management plan to ensure compliance with construction environmental regulations;

c) Ensuring funding for waste sorting, storage, collection, transportation, and treatment as prescribed;

d) Other obligations as prescribed.

2. Investors of residential buildings shall be responsible for:

a) Preparing and sending notice of the waste management plan according to the model in Appendix 2 issued together with this Circular to the construction permit issuing agency (if the project requires a construction permit) and the People's Committee of the commune where the project is located at least seven days before the start of construction;

b) Being responsible for managing waste at the construction site in accordance with this Circular and other current relevant regulations;

c) In cases where households in rural areas, remote areas, or far-flung regions do not have waste collection and transportation systems, they must manage waste according to the guidance of local authorities.

Article 15. Responsibilities of People's Committees at all levels

1. Provincial People's Committee:

a) Uniformly managing CTRDX and assigning and delegating responsibilities to departments, industry sectors, and People's Committees at various levels within the locality to manage CTRDX within their jurisdiction;

b) Issuing relevant documents within their authority related to CTRDX management in accordance with the Environmental Protection Law, other legal regulations, and this Circular; approving pricing plans for CTRDX treatment services as prescribed;

c) Directing inspection, supervision, and handling of violations in CTRDX management within their jurisdiction.

2. People's Committees at the provincial level delegation:

a) Monitor the process of collecting and transporting construction waste (CTRXD) within the managed area. In cases where violations of laws on managing CTRXD are discovered, report to the competent authority at the local level for handling according to the provisions of the law or handle within their jurisdiction;

b) Coordinate with related units in inspecting and checking compliance with environmental protection regulations for construction projects and facilities for processing CTRXD within the managed area;

c) Compile a list of construction projects (including residential buildings that require construction permits) to be demolished or constructed within the area and publicly announce it so that relevant organizations and individuals are aware and can cooperate in the collection, transportation, reuse, recycling, and disposal of CTRXD. Summarize the list every three months and submit it to the Department of Construction before the 15th day of the following month of the reporting period for publication on the website;

d) Report annually on the management of CTRXD within the area (the reporting period runs from January 1 to December 31) according to the form prescribed in Appendix 7 issued together with this Circular and send the report to the local Department of Construction before January 15 of the following year or submit ad hoc reports as required;

Article 16. Responsibilities of the Department of Construction

1. Take the lead and coordinate with functional agencies at the local level to advise the People's Committee of the province in implementing the management of CTRXD within the area;

2. Establish and manage a database on the management of CTRXD within the province/city in accordance with Clause 1 of Article 4 of this Circular. Compile a list of projects to be demolished or newly commenced (including residential buildings requiring construction permits) within the area and a list of entities collecting, transporting, and disposing of CTRXD within the province/city, and publish them on the website of the Department of Construction so that relevant organizations and individuals are aware and can cooperate in the collection, transportation, reuse, recycling, and disposal of CTRXD;

3. Organize inspections, checks, supervision, and handling of violations of laws in the management of CTRXD within the area;

4. Coordinate with the Department of Finance to assess pricing plans for CTRXD disposal services provided by facilities funded by the state budget;

5. Report to the Ministry of Construction according to the form prescribed in Appendix 8 issued together with this Circular once a year on the management of CTRXD in the locality before January 31 of the following year or submit ad hoc reports as required;

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Implementation Organization

1. The Ministry of Construction shall guide, inspect, monitor, and urge the implementation of this Circular;

2. Chairmen of People's Committees, Directors of Construction Departments of centrally governed cities and provinces, and relevant organizations and individuals are responsible for implementing this Circular;

Article 18. Effective Date

1. This Circular takes effect from July 1, 2017;

2. During the implementation of this Circular, if difficulties or obstacles arise, they should be promptly reported to the Ministry of Construction for consideration and resolution./.