Circular No. 12/2011/TT-BTNMT on Hazardous Waste Management

CIRCULAR
Provisions on Hazardous Waste Management

________________

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Pursuant to Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Environmental Protection;

Pursuant to Decree No. 21/2008/NĐ-CP dated February 28, 2008 of the Government amending and supplementing certain articles of Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of some provisions of the Law on Environmental Protection; Pursuant to Decree No. 59/2007/NĐ-CP dated April 9, 2007 of the Government on solid waste management;

Pursuant to Decree No. 117/2009/NĐ-CP dated December 31, 2009 of the Government on handling violations of laws in the field of environmental protection;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008

Decree No. Pursuant to Decision No. 132/2008/QĐ-TTg dated September 30, 2008 of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the General Department of Environment under the Ministry of Natural Resources and Environment; The Government promulgates the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 81/2007/NĐ-CP dated May 23, 2007 of the Government stipulating the organization and specialized departments for environmental protection at state agencies and state-owned enterprises;

At the proposal of the Director of the General Department of Environment and the Head of the Legal Department,

This Circular stipulates hazardous waste management, including:

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

1. Classification and categorization of hazardous waste (hereinafter referred to as HW).

2. Conditions for engaging in hazardous waste management (hereinafter referred to as HW management); procedures for preparing files, registering sources of hazardous waste, issuing permits for engagement, HW management code; cross-border transportation of hazardous waste.

3. Inspection and confirmation of compliance with contents reported in Environmental Impact Assessment (hereinafter referred to as EIA) and requirements of the Decision approving the EIA report for investment projects of facilities treating hazardous waste

reviewed and approved by the Ministry of Natural Resources and Environment. 1. This Circular applies to state agencies; organizations and individuals engaged in production, business, and service activities related to the generation of hazardous waste, and management of hazardous waste within the territory of Vietnam..

Article 2. Applicability

2. This Circular does not apply to radioactive waste; gaseous and vapor waste; internal wastewater generated within the premises of production, business, and service facilities or concentrated industrial zones treated at wastewater treatment facilities of such facilities or zones.estimate Hazardous waste management

includes activities related to prevention, reduction, classification, categorization, direct reuse, temporary storage, transportation, and treatment of hazardous waste.

Article 3. Explanation of Terms

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

1. Transportation of hazardous waste is the process of transporting hazardous waste from the place of generation to the place of treatment, which may include collection, packaging, preservation, temporary storage, transshipment, and preliminary processing of hazardous waste.

2. Treatment of hazardous waste is the process using technological and technical solutions to transform, eliminate, isolate, destroy, or decompose the harmful properties and components of hazardous waste (including recycling, recovery, incineration, co-processing, isolation, landfilling) with the ultimate goal of not causing adverse impacts on the environment and human health.

3. Preliminary processing of hazardous waste

4. involves the use of simple mechanical and physical techniques to change physical characteristics such as size, moisture content, temperature to facilitate transportation and treatment, or to mix or separate components of hazardous waste suitable for different treatment methods. Co-processing of hazardous waste involves combining an existing production process to treat hazardous waste, where hazardous waste is used as fuel or additional raw material for that production process.

5. Direct reuse of hazardous waste involves directly reusing hazardous waste originating from equipment, devices, products, or materials and chemicals that have been used and are listed in Appendix 8 attached to this Circular according to their original intended use without any treatment or preliminary processing.

6. Permit for hazardous waste management refers collectively to the following permits:

7. Permit for hazardous waste management services is the permit issued for hazardous waste transportation and treatment services as stipulated in this Circular;

a) Permit for hazardous waste transportation services is the permit issued for hazardous waste transportation services as stipulated in Circular No. 12/2006/TT-BTNMT dated December 26, 2006 of the Ministry of Natural Resources and Environment guiding conditions for engagement and procedures for preparing files, registration, issuance of permits, and management code for hazardous waste (hereinafter referred to as Circular No. 12/2006/TT-BTNMT);

b) Permit for hazardous waste treatment and destruction services is the permit issued for hazardous waste treatment services as stipulated in Circular No. 12/2006/TT-BTNMT.

c) Source generator is an organization or individual owning or operating a facility generating hazardous waste (hereinafter referred to as a hazardous waste-generating facility).

8. Service provider for hazardous waste management Co-processing of hazardous waste is an organization or individual holding a Permit for hazardous waste management services to provide transportation and treatment services for hazardous waste as stipulated in this Circular.

9. Transporter of hazardous waste is an organization or individual holding a Permit for hazardous waste transportation services still valid as stipulated in Circular No. 12/2006/TT-BTNMT.

10. Treatment provider is an organization or individual holding a Permit for hazardous waste treatment and destruction services still valid as stipulated in Circular No. 12/2006/TT-BTNMT.

11. Reuser is an organization or individual receiving hazardous waste for direct reuse.

12. Carrier agent Co-processing of hazardous waste is an organization or individual authorized or contracted by the service provider for hazardous waste management to carry out hazardous waste transportation activities.

13. Regulatory authority for source generators of hazardous waste Co-processing of hazardous waste (hereinafter referred to as RA-SGHW) is the authority responsible for managing source generators of hazardous waste as prescribed.

14. (hereinafter referred to as IP) is the common name for authorities having the power to issue and revoke Permits for hazardous waste management. Code for hazardous waste management

15. Capacity is the code issued together with the Register of source generators or the Permit for hazardous waste management.

16. is the geographical scope permitted for providing transportation and treatment services for hazardous waste as recorded in the Permit for hazardous waste management. is the code number issued together with the Register Book of Pollutant Emission Sources or the Environmental Protection License.

17. Operational area is the geographic area permitted for the provision of transportation and treatment services for pollutants as recorded in the Environmental Protection License.

Article 4. Authority to Issue Hazardous Waste Emission Source Registration Books and Hazardous Waste Management Permits

1. Competent authorities (Department of Natural Resources and Environment or Environmental Protection Sub-department authorized at this level) have the authority to issue Hazardous Waste Emission Source Registration Books for hazardous waste emission sources with facilities generating hazardous waste within the provincial territory.

2. The General Department of Environment has the authority to issue and revoke Hazardous Waste Management Permits for activities operating in two provinces or centrally governed cities (hereinafter referred to as provinces) or more.

3. Provincial People's Committees or Departments of Natural Resources and Environment authorized by provincial People's Committees (hereinafter collectively referred to as local competent authorities) have the authority to issue and revoke Hazardous Waste Management Permits for activities operating within the province.

Article 5. Classification of Hazardous Wastes

1. The classification of hazardous wastes shall be carried out according to the provisions set forth in Appendix 8 attached to this Circular and National Technical Regulation QCVN 07:2009/BTNMT on Threshold Levels of Hazardous Wastes issued together with Circular No. 25/2009/TT-BTNMT dated November 16, 2009 of the Minister of Natural Resources and Environment stipulating national technical regulations on the environment (hereinafter abbreviated as QCVN 07:2009/BTNMT).

2. Principles for classifying hazardous wastes include:

a) A waste is classified as hazardous based on the threshold levels of hazardous wastes;

b) A mixed waste is classified as hazardous if at least one component of the mixture is hazardous;

c) Types of waste that may be hazardous (marked with *) specified in Appendix 8 attached to this Circular, when not classified as non-hazardous according to QCVN 07:2009/BTNMT, must be managed in accordance with the regulations applicable to hazardous wastes.

Article 6. Use of Hazardous Waste Emission Source Registration Books and Hazardous Waste Management Permits has been issued in accordance with Circular No. 12/2006/TT-BTNMT

1. Hazardous Waste Emission Source Registration Books issued in accordance with Circular No. 12/2006/TT-BTNMT continue to be used except where they must be reissued in accordance with Clause 4, Article 16 of this Circular.

2. Hazardous Waste Management Permits issued in accordance with Circular No. 12/2006/TT-BTNMT, except those mentioned in Clause 3 of this Article, continue to be valid during their stated period of validity and can be renewed in accordance with Article 21 of this Circular but cannot be adjusted.

3. Hazardous Waste Management Permits issued to hazardous waste emission sources for self-treatment of internally generated hazardous waste within the facility premises in accordance with Circular No. 12/2006/TT-BTNMT will be revoked after the hazardous waste emission source is reissued a Hazardous Waste Emission Source Registration Book in accordance with Point d, Clause 4, Article 16 of this Circular.

Article 7. Time Period and Units of Measurement for Quantities of Hazardous Wastes

1. When time periods are specified in months or years in this Circular, such periods shall be calculated according to the Gregorian calendar month or year, including holidays as prescribed by the Labor Code.

2. When time periods are specified in days in this Circular, such periods shall be calculated according to working days, excluding holidays as prescribed by the Labor Code.

3. All quantities of hazardous waste recorded in all documents, permits, reports, certificates, and other papers in accordance with this Circular shall uniformly use kilograms (kg) as the unit of measurement.

Article 8. Matters related to the authentication of files, documents, signatures, and authorization for organizations and individuals implementing this Circular

1. Copies of documents bearing seals in files, plans, and reports established in accordance with this Circular shall not be required to be certified under the provisions of the law but must be stamped across the pages or affixed with a seal by the organization or individual responsible for the authenticity of the copies before submission to the competent authority.

2. Files, plans, and reports established in accordance with this Circular must be stamped across the pages or affixed with a seal on each page to authenticate them before submission to the competent authority.

3. In cases where there is no legal entity seal, when signing contracts in accordance with this Circular, certification of the signature in accordance with the provisions of the law is required.

4. The source generator of hazardous waste, the operator of hazardous waste management may not authorize other legal entities outside the legal entity (if any) of the facility generating hazardous waste or the facility treating and intermediary transporters of hazardous waste recorded in the Hazardous Waste Source Generator Register or the Hazardous Waste Management Permit to sign, stamp the files, contracts, certificates, plans, and reports established in accordance with this Circular.

PART II
CONDITIONS FOR PRACTICING HAZARDOUS WASTE MANAGEMENT

Article 9. Content and situations requiring conditions for practicing hazardous waste management

1. Conditions for practicing hazardous waste management to obtain a permit in accordance with this Circular include the following main contents:

a) Legal basis conditions;

b) Material and technical conditions;

c) Human resource conditions;

d) Conditions related to management work;

đ) Other conditions.

2. Conditions for practicing hazardous waste management as prescribed in this Circular apply to the following cases:

a) Organizations and individuals registering to practice hazardous waste management (hereinafter referred to as organizations and individuals registering to practice) must meet all conditions for practicing hazardous waste management to obtain a permit in accordance with this Circular;

b) Operators of hazardous waste management who have obtained a permit in accordance with this Circular must meet the conditions with implementation timelines as stipulated in Clause 2 and 3, Article 11 of this Circular;

c) Transporters of hazardous waste who have obtained a permit in accordance with Circular No. 12/2006/TT-BTNMT must meet the conditions for means of transport and specialized equipment for transporting hazardous waste (including specialized packaging, storage facilities, temporary storage areas or transfer zones, transportation vehicles) as stipulated in Clause 1 and 4, Article 11 of this Circular within three months from the date this Circular takes effect; they must also meet the conditions with implementation timelines as stipulated in Clause 2 and 3, Article 11 of this Circular;

d) Handlers of hazardous waste who have obtained a permit in accordance with Circular No. 12/2006/TT-BTNMT must meet the conditions for means of transport and specialized equipment for handling hazardous waste (including temporary storage areas, systems or equipment for preliminary treatment and handling of hazardous waste), environmental protection works and measures as stipulated in Clause 1, 4, and 5, Article 11 of this Circular within three months from the date this Circular takes effect.

3. Conditions for practicing hazardous waste management and the Hazardous Waste Management Practice Permit as prescribed in this Circular do not apply to the following cases:

a) Cross-border transportation of hazardous waste;

b) Direct reuse of hazardous waste;

c) Use of environmental protection works solely for self-treatment of hazardous waste generated internally within the premises of the facility generating such waste. The capacity of these works must be commensurate with the amount of hazardous waste expected to be self-treated. Any changes or additions to these environmental protection works fall within the purview of the authority that approved or confirmed the EIA report, Environmental Protection Commitment Statement (formerly Environmental Standard Achievement Registration Form) or Environmental Protection Plan for the investment project of the aforementioned hazardous waste-generating facility;

d) Research and development of hazardous waste treatment technology in experimental environments. If there is a need to accept hazardous waste for testing and evaluating the technology being researched and developed, a trial operation plan according to the model specified in Appendix 2 (C) attached to this Circular must be submitted to the General Department of Environment for review and approval in writing before conducting the trial.
trial.

Article 10. Conditions regarding legal basis

1. Having registered business lines and activities in accordance with the Business Registration Certificate or Investment Certificate or equivalent documents.

2. Having an approved Environmental Impact Assessment report by the Ministry of Natural Resources and Environment for projects establishing solid waste treatment facilities or alternative documents as follows:

a) A valid environmental document issued by the competent state management agency for solid waste treatment facilities that were put into operation before July 1, 2006;

b) An approved Environmental Protection Plan by the competent state management agency according to regulations for solid waste treatment facilities that were put into operation;

c) For production facilities that have been put into operation and wish to supplement co-processing of solid waste without changing scale, capacity, or technology, they must have an approved consent document on co-processing solid waste from the competent authority that has already approved or confirmed the Environmental Impact Assessment Report, the Environmental Standard Registration Form (previously), or the Environmental Protection Plan for this production investment project.

3. Having an Environmental Protection Commitment Document confirmed by the competent state management agency for investment projects of facilities serving the transportation of solid waste at the solid waste transportation agency (if any) when the documents mentioned in Clause 2 of this Article do not include these facilities.

4. Solid waste treatment facilities must comply with the approved planning or be approved in writing by the People's Committee (hereinafter referred to as the Provincial People's Committee) of the province regarding the location.

Article 11. Conditions regarding physical and technical infrastructure

1. Specialized equipment and means for practicing solid waste management operations, including specialized packaging, storage equipment, temporary or transfer areas, transportation means, systems or equipment for preliminary processing and treating solid waste, must meet the technical requirements set out in Appendix 7 attached to this Circular.

2. The number of transportation means for solid waste is defined as follows:

a) In cases where the operating area is limited to one province, starting from January 1, 2012, there must be at least one (1) officially owned transportation means of the organization or individual registered for practice, solid waste transportation agency, leader, or other individual named in the Business Registration Certificate, Investment Certificate, or equivalent documents, or transportation means officially contributed according to the law (hereinafter collectively referred to as the main transportation means);

b) In cases where the operating area spans two or more provinces, starting from January 1, 2012, there must be at least three (3) main transportation means;

c) In cases where the operating area spans two or more provinces within a region and registers transportation and treatment of at least two groups of solid waste with different characteristics and handling methods, starting from January 1, 2013, there must be at least five (5) main transportation means; in cases where the operating area spans two or more regions and registers transportation and treatment of at least two groups of solid waste with different characteristics and handling methods, starting from January 1, 2014, there must be at least eight (8) main transportation means;

d) The total number of non-main transportation means shall not exceed the total number of main transportation means, except for waterway and railway transportation means. Non-main transportation means must have long-term contracts for the transfer of transportation means for solid waste transportation between the organization or individual registered for practice and the owner of the means.

3. Transportation means for solid waste equipped with satellite positioning system (GPS) connected to an online information network to determine position and record the transportation route of solid waste as follows:

a) Starting from January 1, 2012, at least 50% of the total number of transportation means must have GPS;

b) Starting from June 1, 2012, all transportation means must have GPS;

c) In cases where the operating area spans two or more provinces, follow the provisions of Points a and b of this Clause;

d) In cases where the operating area is limited to one province, the installation of GPS for transportation means according to the requirements of the local competent authority.

4. One specialized means or equipment for practicing solid waste management operations can only be registered for one solid waste management permit.

5. There must be environmental protection works and measures meeting the technical requirements stipulated in Appendix 7 attached to this Circular to control pollution and protect the environment at solid waste treatment facilities and solid waste transportation agencies (if any).

Article 12. Human resource conditions

1. Each hazardous waste treatment facility must have at least two persons responsible for management, operation, and technical guidance with a minimum educational level of college or higher in a relevant field such as chemistry or environmental science.

2. Each hazardous waste transportation agent must have at least one person responsible for management, operation, and technical guidance with a minimum educational level of secondary vocational school or higher in a relevant field such as chemistry or environmental science.

3. The individuals mentioned in Clause 1 and 2 of this Article must be enrolled in social insurance and health insurance according to the law; they must have long-term labor contracts if their names are not listed on the Business Registration Certificate (or equivalent document) or if they do not belong to the leadership or staff of the organization or individual registering for the business practice.

4. There must be a team of operators and drivers trained and instructed to ensure safe operation of vehicles and equipment; the team leader must have a minimum educational level of secondary vocational school or higher in technical fields or can concurrently hold the position specified in Clause 1 and 2 of this Article.

Article 13. Conditions related to management work

1. There must be a safe operation procedure for specialized vehicles and equipment.

2. There must be plans for the following:

a) Pollution control and environmental protection plan;

b) Occupational safety and health protection plan;

c) Emergency prevention and response plan;

d) Annual training and instruction plan;

e) Environmental pollution control and protection plan when ceasing operations.

3. There must be an environmental monitoring program, operational monitoring program, and evaluation of hazardous waste treatment effectiveness.

4. Simplified instructions or schematic diagrams must be installed in appropriate locations and with convenient sizes for observation on transport vehicles, within treatment facilities, and at hazardous waste transportation agents, as stipulated in Clause 1 and Points a, b, and c of Clause 2 of this Article.

Article 14. Other conditions

1. There must be at least one hazardous waste treatment facility. For each hazardous waste treatment facility, no more than five hazardous waste transportation agents may be established except in the following cases:

a) The agent only transports hazardous waste for waste generators within the same group corporation, holding company, or business cluster with common founding shareholders or parent-child business relationships;

b) The agent only transports hazardous waste for waste generators within a concentrated production, business, or service area;

c) The agent only transports hazardous waste for waste generators located in provinces in remote, mountainous, or underdeveloped areas where there are no hazardous waste treatment facilities licensed for hazardous waste management or where there are no hazardous waste management practitioners operating hazardous waste transportation.

2. Each hazardous waste transportation agent may only accept authorization from two registered hazardous waste management practitioners or hazardous waste management practitioners if these practitioners or registered entities are members of the same group corporation, holding company, or business cluster with common founding shareholders or parent-child business relationships, or if the agent only operates maritime transportation.

3. In cases where the hazardous waste transportation agent is a member of the same group corporation, holding company, or business cluster with common founding shareholders or parent-child business relationships with the hazardous waste management practitioner or registered entity, an internal authorization document must be issued; in all other cases, a long-term agency contract must be established according to regulations.

Chapter III
PROCEDURES AND REQUIREMENTS FOR ISSUING THE WASTE GENERATOR REGISTRATION BOOK, ISSUING AND REVOKING LICENSES FOR HAZARDOUS WASTE MANAGEMENT

Section 1
PROCEDURES AND REQUIREMENTS FOR ISSUING THE WASTE GENERATOR REGISTRATION BOOK
HAZARDOUS WASTE

  Article 15. Registration of Hazardous Waste Generating Entities

1. The hazardous waste generating entity shall prepare two (2) sets of registration files for hazardous waste generating entities according to the model specified in Appendix 1 (A and B) attached hereto and submit them directly or send them via postal service to the competent authority for review and issuance of the Hazardous Waste Generating Entity Registration Book. The hazardous waste generating entity is not required to pay any fees when registering as a hazardous waste generating entity.

The hazardous waste generating entity may prepare a joint registration file for hazardous waste generating entities for facilities generating hazardous waste that it owns or manages within the scope of one province.

In cases where the facility generating hazardous waste is in the form of mobile waste sources or has a linear layout spanning across one province, the hazardous waste generating entity may choose a main facility to represent and prepare the registration file for hazardous waste generating entities.

2. Within ten (10) days from the date of receiving the registration file, the competent authority shall examine its completeness and validity and notify the hazardous waste generating entity to make corrections or supplements if it is incomplete or invalid. The number of notifications shall not exceed two (2) times, except in cases where the hazardous waste generating entity does not accept or fully comply with the requirements of the competent authority.

3. When determining that the file is complete and valid, the competent authority does not need to notify the hazardous waste generating entity, and the registration file is automatically accepted upon completion of the examination period.

Article 16. Issuance of the Hazardous Waste Generating Entity Registration Book

1. Within twenty (20) days from the date of completing the examination of the completeness and validity of the registration file, the competent authority shall be responsible for issuing the Hazardous Waste Generating Entity Registration Book according to the model specified in Appendix 1 (C) attached hereto, except in the case provided for in Clause 2 of this Article.

2. In cases where it is necessary for facilities generating hazardous waste to have environmental protection works to self-treat internally generated hazardous waste as stipulated at Point c Clause 3 Article 9 of this Circular, the competent authority shall conduct inspections of such facilities within twenty (20) days from the date of completing the examination of the completeness and validity of the registration file. The inspection period for a facility generating hazardous waste with self-treatment works shall not exceed two (2) days.

Within twenty (20) days from the date of completing the inspection of the facility or from the date the hazardous waste generating entity reports on its acceptance and explanation of comments (if any) made by the competent authority after inspecting the facility, the competent authority shall issue the Hazardous Waste Generating Entity Registration Book according to the model specified in Appendix 1 (C) attached hereto.

3. The Hazardous Waste Generating Entity Registration Book is valid until it is reissued as prescribed in Clause 4 of this Article or when the facility ceases operations.

The Hazardous Waste Generating Entity Registration Book shall bear one (1) hazardous waste management code as specified in Appendix 6 attached hereto. Two (2) sets of registration files completed and stamped by the competent authority are part of the Hazardous Waste Generating Entity Registration Book (one set returned directly or sent via postal service to the hazardous waste generating entity and one set retained
at the competent authority).

4. The hazardous waste generating entity shall apply for reissuing the Hazardous Waste Generating Entity Registration Book in any of the following cases:

a) Changing or supplementing the type or increasing by fifteen percent (15%) or more the quantity of hazardous waste already registered;

b) Changing the location of the facility generating hazardous waste within the scope of one province but without changing the hazardous waste generating entity or changing the hazardous waste generating entity but without changing the location of the facility;

c) Supplementing additional facilities generating hazardous waste or reducing the facilities already registered;

d) Changing or supplementing environmental protection works for self-treatment of internally generated hazardous waste;

đ) Discovering inaccurate declarations when registering as a hazardous waste generating entity compared to actual operations.

The serial number of each issuance of the Hazardous Waste Generating Entity Registration Book shall be counted sequentially starting from the first issuance and subsequent reissuances.

Section 2
PROCEDURES AND REQUIREMENTS FOR ISSUANCE, REVOCATION OF PERMITS FOR HAZARDOUS WASTE MANAGEMENT AND RELATED PROCEDURES

  Article 17. Registration for Practicing QLCTNH Business

1. Organizations and individuals registering to practice QLCTNH shall prepare two (2) sets of registration files for practicing QLCTNH according to the model specified in Appendix 2 (A and B) attached hereto and submit them directly or through postal service to the competent authority as prescribed in Article 4 of this Circular for the first issuance of the Practice Permit for QLCTNH. Organizations and individuals registering to practice QLCTNH are not required to pay fees or charges when registering to practice QLCTNH.

2. Receiving registration files for practicing QLCTNH:

a) Within ten (10) days from the date of receiving the registration file for practicing QLCTNH, the competent authority shall examine the completeness and validity thereof and notify the organization or individual applying to amend and supplement the file if it is incomplete or invalid.

b) Within five (5) days from the date of receiving the amended and supplemented registration file as requested, the competent authority shall examine its completeness and validity and request further amendments and supplements if deemed necessary. The total number of notifications shall not exceed three (3) times, except for cases where the organization or individual applying does not accept or partially accepts the requirements of the competent authority.

c) When determining that the registration file is complete and valid, the competent authority does not need to notify and the registration file is automatically accepted upon the expiration of the examination period.

d) In case the competent authority receives the amended and supplemented registration file more than six (6) months from the date of notification requesting amendments and supplements for the latest submitted registration file, such registration file shall be reviewed from the beginning.

3. Trial operation of CTNH processing:

a) Organizations and individuals registering to practice shall prepare two (2) copies of the trial operation plan for CTNH processing according to the model specified in Appendix 2 (C) attached hereto and submit them to the competent authority together with the registration file or at a later time.

b) The examination period for the initial submitted trial operation plan is ten (10) days from the date of completing the receipt of the file as stipulated in Point c Clause 2 of this Article (or from the date of receiving the plan submitted after the completion of the receipt of the file), and five (5) days for the amended and supplemented plan as notified by the competent authority. The number of notifications shall not exceed two (2) times, except for cases where the organization or individual applying does not accept or partially accepts the requirements of the competent authority.

c) Within ten (10) days from the date of completing the examination of the trial operation plan, the competent authority shall issue a document approving the trial operation plan according to the model specified in Appendix 2 (D) attached hereto. This document shall be accompanied by one (1) copy of the trial operation plan stamped and confirmed by the competent authority.

d) After receiving the approval document from the competent authority, organizations and individuals registering to practice may temporarily transport and conduct trial operations for CTNH processing. The competent authority may conduct unannounced inspections of the facility and take samples for monitoring during the trial operation.

đ) After completing the trial operation, organizations and individuals registering to practice shall prepare two (2) copies of the report on the results of the trial operation for CTNH processing according to the model specified in Appendix 2 (Đ) attached hereto and submit them to the competent authority for review. If the report is submitted more than six (6) months after the date of the approval document, they must re-register for trial operation.

e) In case the report on the results of the trial operation for CTNH processing contains contents that do not meet the requirements or are incomplete, within ten (10) days from the date of receiving the report on the results of the trial operation, the competent authority shall notify the organization or individual applying to adjust and complete the report.

Article 18. Issuance of the Waste Management Business License

1. In cases where the Competent Authority (CA) is the General Department of Environment, the General Department of Environment shall be responsible for seeking written opinions from the local Department of Natural Resources and Environment at the location of the waste treatment facility of the organization or individual applying for business registration regarding: Agreement or disagreement with the issuance of the Waste Management Business License; reasons for disagreement or issues to be noted in the review and issuance of the Waste Management Business License.

The document seeking the opinion of the Department of Natural Resources and Environment must not be later than the date of the approval letter for the trial operation plan as stipulated in Point c, Clause 3, Article 17 of this Circular. The Department of Natural Resources and Environment shall provide a written response not later than twenty-five (25) days from the date of receipt of the document from the General Department of Environment.

2. Within twenty-five (25) days from the date of receiving the report on the successful trial operation results, the CA shall be responsible for evaluating the business conditions and issuing the first Waste Management Business License according to the model specified in Appendix 2 (E) attached to this Circular.

The Waste Management Business License has a validity period of three (3) years from the date of issuance. The Waste Management Business License has one (1) waste management code according to the provisions in Appendix 6 attached to this Circular. Two (2) sets of application files stamped by the CA upon completion are an inseparable part accompanying two (2) original copies of the Waste Management Business License (one set returned directly or sent via postal service to the waste management business operator and one set retained by the CA).

3. In cases where it is necessary within twenty-five (25) days for evaluating business conditions as stipulated in Clause 2 of this Article or earlier, the CA may choose to conduct the following support activities:

a) Establishing a Technical Advisory Group for issuing the Waste Management Business License, consisting of environmental experts, management and waste treatment specialists. The Technical Advisory Group's task is to advise the CA in reviewing applications, assessing business conditions, evaluating treatment technology, trial operation results, implementation of EIA report contents and requirements, and other related issues;

b) Inspecting waste treatment facilities and transport agencies, with inspection periods for each facility or agency not exceeding two (2) days, while simultaneously combining with the activity mentioned in Point c of this Clause;

c) Organizing a meeting of the Technical Advisory Group to unify requirements and recommendations for issuing the Waste Management Business License, with the participation of the organizations and individuals applying for business registration and relevant authorities, organizations, and individuals to directly discuss and clarify unresolved issues or those not meeting requirements (if any);

d) Seeking written opinions from relevant authorities, organizations, and individuals if the Technical Advisory Group is not established.

4. In cases where the organizations or individuals applying for business registration have not met all business conditions or have not fulfilled the requirements of the Technical Advisory Group, relevant authorities, and organizations, the CA shall notify the organizations or individuals applying for business registration to implement them.

Within twenty (20) days from the date of receiving the report from the organizations or individuals applying for business registration on the implementation of the requirements in the CA's notification, accompanied by modified and supplemented application files, the CA shall review and issue the Waste Management Business License.

Article 19. Issuance of Extension of Practice License for WTE Management

1. The Practice License for WTE Management may be reissued multiple times for extension, with each extension period being three (3) years from the expiration date of the initial or subsequent issued Practice License for WTE Management. The application for issuance of an extension of the Practice License for WTE Management must be initiated at least three (3) months before the expiration date.

2. The procedures and formalities for preparing and submitting the application for issuance of an extension of the Practice License for WTE Management shall be carried out similarly to the provisions set forth in Clause 1 and 2 of Article 17 of this Circular.

3. Within twenty (20) days from the completion of the examination of the completeness and validity of the application for issuance of an extension of the Practice License for WTE Management, the Competent Authority shall issue and reissue the Practice License for WTE Management according to the model specified in Appendix 2 (E) attached to this Circular to replace the expired license.

The WTE Management code will not change. The serial number of the issuance of the license will be counted sequentially from the first issuance and subsequent issuances. Two (2) sets of the application for issuance of an extension of the Practice License for WTE Management will be stamped by the Competent Authority upon completion, together with all sets of applications accompanying previous issued licenses retained as an inseparable part accompanying two (2) original copies of the extended Practice License for WTE Management (one set returned directly or sent via postal service to the WTE Management practitioner and one set kept at the Competent Authority).

4. In cases where it is necessary within twenty (20) days of examining and issuing an extension of the Practice License for WTE Management as stipulated in Clause 3 of this Article or earlier, the Competent Authority may choose to carry out the following support activities:

a) Inspect the treatment facilities and transportation agents of WTE with an inspection period for each facility or agent not exceeding two (2) days, while simultaneously conducting the activity mentioned in Point b of this Clause;

b) Organize meetings with the WTE Management practitioners and relevant agencies, organizations, and individuals to directly discuss and clarify any unresolved issues or non-compliance (if any);

c) Solicit written opinions from the Department of Natural Resources and Environment (in cases where the Competent Authority is the General Department of Environment) and other relevant agencies, organizations, and individuals.

5. If the WTE Management practitioner encounters issues leading to non-compliance with the conditions for practice as prescribed in Chapter II or has not fulfilled the obligations as stipulated in Article 26 of this Circular or has not implemented the requirements of the Department of Natural Resources and Environment and other relevant agencies, organizations, and individuals during the meeting and solicitation of opinions as stipulated in Clause 4 of this Article, the Competent Authority shall notify the WTE Management practitioner to take action.

Within fifteen (15) days from the date of receiving the report from the WTE Management practitioner on the implementation of the requirements in the notification of the Competent Authority accompanied by the modified and supplemented application, the Competent Authority shall examine and issue an extension of the Practice License for WTE Management.

Article 20. Issuance of Amendment of Practice License for WTE Management

1. A new Practice License for WTE Management must be issued for amendment in any of the following cases:

a) Changes or additions regarding the type, technology, scale, design capacity, area, or quantity of specialized equipment for WTE Management operations;

b) Changes or additions regarding the type or increase in the quantity of WTE allowed to manage;

c) Expansion of the operational territory (applicable only in cases where the Practice License for WTE Management covers two or more provinces);

d) Change of the WTE Management practitioner without changing the location of the treatment facility or change of the location of the treatment facility without changing the WTE Management practitioner and all specialized equipment;

đ) Addition of a treatment facility;

e) Changes or additions to the transportation agents of WTE.

2. The procedures and formalities for registering and issuing an amended Practice License for WTE Management shall be carried out similarly to the initial issuance as stipulated in Articles 17 and 18 of this Circular.

Upon completion of the procedures, the Competent Authority shall issue a new Practice License for WTE Management according to the model specified in Appendix 2 (E) attached to this Circular with a term of three (3) years from the date of amendment to replace the previous license.

The WTE Management code will be adjusted in cases of changes or expansion of the operational territory as stipulated in Appendix 6 attached to this Circular. The serial number of the issuance of the license will be counted sequentially from the initial issuance and subsequent issuances.

Two (2) sets of the application for issuance of an amended Practice License for WTE Management will be stamped by the Competent Authority upon completion, together with all sets of applications accompanying previously issued licenses retained as an inseparable part accompanying two (2) original copies of the amended Practice License for WTE Management (one set returned directly or sent via postal service to the WTE Management practitioner and one set kept at the Competent Authority).

3. Trial operation as stipulated in Clause 3 of Article 17 of this Circular does not require implementation in the following cases:

a) Cases stipulated in Points c, d, and e of Clause 1 of this Article;

b) Addition of specialized equipment for transporting WTE, including equipment for packaging, storage, temporary holding, and preliminary processing of WTE;

c) Addition of types of WTE with characteristics and handling methods similar to those already tested and licensed;

d) Increase in the quantity of WTE that has been tested and licensed.

4. In cases where the Competent Authority is the General Department of Environment, the General Department of Environment shall consider the necessity of soliciting written opinions from the Department of Natural Resources and Environment.

5. The Practice License for WTE Management shall not be amended but must be registered for issuance of a new Practice License for WTE Management as stipulated in Articles 17 and 18 of this Circular in the following cases:

a) The Practice License for WTE Management issued according to Circular No. 12/2006/TT-BTNMT is converted to a Practice License for WTE Management according to this Circular;

b) The Practice License for WTE Management operating within one province issued by the local Competent Authority is converted to a Practice License for WTE Management issued by the General Department of Environment for expanding the operational territory;

c) The Practice License for WTE Management operating across two or more provinces issued by the General Department of Environment is converted to a Practice License for WTE Management issued by the local Competent Authority for reducing the operational territory to within one province.

For the procedure to reissue the Hazardous Waste Management Permit, the trial operation of hazardous waste treatment according to Clause 3, Article 17 of this Circular only requires contents that have not yet been subject to trial operation and licensing under Circular No. 12/2006/TT-BTNMT or this Circular.

Article 21. Procedure for confirming extension of Hazardous Waste Management Permit issued in accordance with Circular No. 12/2006/TT-BTNMT

1. Not later than three (3) months before the expiry date of the Hazardous Waste Management Permit, the transporter or the handler of hazardous waste shall submit to the Licensing Authority one (1) written request for confirmation of extension of the Hazardous Waste Management Permit issued in accordance with Circular No. 12/2006/TT-BTNMT, accompanied by: the original Hazardous Waste Management Permit; one (1) report on the implementation of programs and plans included in the registration dossier accompanying the Hazardous Waste Management Permit during the last one (1) year up to the date of the request for confirmation of extension.

2. Within twenty (20) days from the date of receipt of the request for confirmation of extension, the Licensing Authority shall examine and confirm the extension in the Confirmation of Extension section of the original Hazardous Waste Management Permit. The extension period shall not exceed December 31, 2015. In cases where the Hazardous Waste Management Permit was issued by the Environmental Protection Agency (previously), the Environment Administration shall confirm the extension instead.

3. If necessary within the twenty (20) day period for examination and confirmation of extension of the Hazardous Waste Management Permit as stipulated in Clause 2 of this Article, the Licensing Authority may select to carry out the following support activities:

a) Inspect the facility with an inspection period not exceeding two (2) days, while combining it with the activity mentioned in Point b of this Clause;

b) Organize a meeting with the transporter, handler of hazardous waste, and relevant agencies, organizations, and individuals to directly discuss and clarify any unresolved issues or non-compliance (if any);

c) Solicit written opinions from the Department of Natural Resources and Environment (in cases where the Competent Authority is the General Department of Environment) and other relevant agencies, organizations, and individuals.

4. In cases where the transporter or handler of hazardous waste encounters issues leading to non-compliance with the conditions for practice or failure to fulfill responsibilities as prescribed in Article 27 or 28 of this Circular or non-compliance with the requirements of the Department of Natural Resources and Environment, agencies, organizations, or individuals concerned, the Licensing Authority shall notify the transporter or handler of hazardous waste to take action. Within fifteen (15) days from the date of receipt of the report from the transporter or handler of hazardous waste on the implementation of the requirements notified by the Licensing Authority, the Licensing Authority shall examine and confirm the extension of the Hazardous Waste Management Permit.

Article 22. Revocation of Hazardous Waste Management Permit

1. The revocation of the Hazardous Waste Management Permit shall be carried out in any of the following circumstances:

a) The authority with jurisdiction as specified in Articles 40, 41, 42, and 43 of Decree No. 117/2009/NĐ-CP of the Government requests the Licensing Authority in writing to revoke the Permit, accompanied by specific files as evidence including: Inspection reports, audit reports, or investigation reports; conclusions of inspections, audits, or investigations; decisions on administrative penalties for environmental protection, or prosecution files, judgments;

b) The holder of the Hazardous Waste Management Practice Permit does not operate within one (1) year from the date of issuance of the initial permit;

c) The transporter of hazardous waste has all contracts with the handlers of hazardous waste, holders of Hazardous Waste Management Practice Permit terminated, and within one (1) month cannot sign new contracts or report to the Licensing Authority, except in cases where the transporter of hazardous waste is simultaneously the handler of hazardous waste permitted under Circular No. 12/2006/TT-BTNMT;

d) The transporter of hazardous waste fails to meet the conditions for practice with a phased-in application as prescribed in Clause 2 and 3, Article 11 of this Circular or does not provide a notification to the Licensing Authority about compliance within two (2) months from the date when such conditions must be met;

đ) The Hazardous Waste Management Permit issued in accordance with Circular No. 12/2006/TT-BTNMT must be revoked after transitioning to the Hazardous Waste Management Practice Permit as prescribed in this Circular or as of January 1, 2016 if the transition has not taken place;

e) The holder of the Hazardous Waste Management Practice Permit, transporter, or handler of hazardous waste ceases operations;

g) The provincial Licensing Authority revokes the Hazardous Waste Management Permit for the operating area within the province for organizations or individuals after the Environment Administration issues the Hazardous Waste Management Permit to expand the operating area in accordance with this Circular or Circular No. 12/2006/TT-BTNMT;

h) The Environment Administration revokes the Hazardous Waste Management Permit for the operating area covering two provinces or more for the holder of the Hazardous Waste Management Practice Permit after the provincial Licensing Authority issues the Hazardous Waste Management Permit to reduce the operating area back within the province in accordance with this Circular.

2. The Licensing Authority shall issue a decision to revoke the Hazardous Waste Management Permit, specifying the grounds, reasons for revocation, management code, date of issuance, and name of the organization or individual whose Permit is being revoked.

3. Organizations or individuals whose Hazardous Waste Management Permit is revoked shall be responsible for notifying and terminating contracts related to hazardous waste management with existing customers or partners.

Article 23. Inspection and confirmation of the implementation of contents of the EIA report and requirements of the Decision approving the EIA report for investment projects of CTNH treatment facilities, which are appraised and approved by the Ministry of Natural Resources and Environment.

1. In case the competent authority is the General Department of Environment:

a) The procedures for requesting inspection and confirmation on the implementation of the contents of the EIA report and requirements of the Decision approving the EIA report (including the implementation and trial operation of environmental protection works and measures) shall not be conducted separately but shall be integrated into one component of the registration and issuance of the Practice Permit for CTNH Management according to this Circular;

b) The Practice Permit for CTNH Management according to Model 2 (E) attached to this Circular shall include the confirmation on the implementation of the contents of the EIA report and requirements of the Decision approving the EIA report (including the implementation of environmental protection works and measures), without using a separate Confirmation Certificate as prescribed;

c) The Practice Permit for CTNH Treatment and Disposal issued by the General Department of Environment according to Circular No. 12/2006/TT-BTNMT is equivalent to the Confirmation Certificate on the implementation of the contents of the EIA report and requirements of the Decision approving the EIA report.

2. In case the competent authority is at the local level:

a) Organizations and individuals registering to practice CTNH Management must simultaneously submit the application for registration of CTNH Management to the local competent authority and the application for the General Department of Environment to confirm the implementation of the contents of the EIA report and requirements of the Decision approving the EIA report (including the implementation of environmental protection works and measures) as prescribed;

b) Organizations and individuals registering to practice CTNH Management must also conduct the trial operation of environmental protection works and measures proposed in the EIA report during the trial operation of CTNH treatment according to Clause 3, Article 17 of this Circular;

c) The local competent authority and the General Department of Environment have the responsibility to coordinate in implementing the two procedures mentioned in this Clause and issue separately the Practice Permit for CTNH Management and the Confirmation Certificate on the implementation of the contents of the EIA report and requirements of the Decision approving the EIA report within their respective jurisdictions.

Article 24. Other issues

1. Reporting and confirming compliance with conditions for practicing:

a) When complying with the conditions for practicing with a phased implementation schedule as stipulated in Points b, c, and d, Clause 2, Article 9 of this Circular, the CTNH Management practitioner, transporter, or processor must report to the competent authority within 02 (two) months from the date when such conditions must be applied;

b) Within 20 (twenty) days from the receipt of the report, the competent authority shall examine and issue a confirmation document on compliance with the conditions. The deadline for the competent authority to issue the confirmation document is extended by 15 (fifteen) days from the date of receiving the report from the transporter regarding the full adoption of the comments (if any) made by the competent authority during the examination process;

c) If necessary, the competent authority may conduct an inspection of the facility and specialized equipment within a period not exceeding 02 (two) days within the 20 (twenty) day period specified in Point b of this Clause.

2. The competent authority shall issue a notification about changes or requests to temporarily suspend certain activities for the CTNH Management practitioner, transporter, or processor in the following cases:

a) There is a change in content, termination, or expiration without a report on extension for agency contracts or non-owner vehicle transfer contracts;

b) Based on the actual operation reflected in the periodic CTNH Management report, the conclusion of inspections, investigations, prosecution files, or court judgments by authorized agencies.

Chapter IV
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 25. Responsibilities of Hazardous Waste Generating Subjects

1. Register as a hazardous waste generating subject according to the provisions of Article 15 of this Circular when commencing operations or regularly generating hazardous waste annually and persistently (if applicable).

From the time of submitting the application for registration as a hazardous waste generating subject until the issuance of the Registration Book, such subjects shall be deemed to have fulfilled their responsibility to register the generation of hazardous waste with the provincial specialized environmental protection agency as stipulated in Clause 1, Article 70 of the Environmental Protection Law.

The preparation of the registration application for hazardous waste generating subjects is not mandatory for those who do not self-treat internally generated hazardous waste under any of the following circumstances:

a) Hazardous waste generating subjects operating for less than one year;

b) Hazardous waste generating subjects regularly or periodically generating hazardous waste annually with a total quantity not exceeding 120 kilograms per year for hazardous waste containing particularly harmful components exceeding the threshold specified in QCVN 07:2009/BTNMT or 600 kilograms per year for other hazardous waste components, except in cases where the hazardous waste falls within the list of persistent organic pollutants (POPs) as defined in the Stockholm Convention on Persistent Organic Pollutants, which are not exempted from this responsibility.

2. Send a copy of the Registration Book for hazardous waste generating subjects to the People's Committee of the district and commune where the facility generating hazardous waste is located.

3. Implement measures to minimize the generation of hazardous waste and prevent and respond to incidents caused by hazardous waste; bear responsibility for classifying, quantifying, and managing hazardous waste that must be registered; and be responsible for hazardous waste until it is safely and thoroughly treated.

4. Arrange temporary storage areas for hazardous waste meeting technical requirements similar to those specified from Point 3.1 to 3.6 of Appendix 7 and package and store hazardous waste in specialized containers or storage equipment meeting technical requirements similar to those specified in Section 1 and 2 of Appendix 7 attached to this Circular.

5. Hazardous waste must be promptly transported for treatment. In cases where temporary storage of hazardous waste exceeds six months due to lack of feasible transportation and treatment plans, inability to find suitable hazardous waste management service providers, or low quantities of generated hazardous waste, the hazardous waste generating subject must notify the competent authority in writing or combine the notification with the hazardous waste management report.

6. Assign at least one full-time or part-time staff member to handle the classification, sorting, and management of hazardous waste; and may utilize external technical support services if necessary.

7. If there is no environmental protection facility for self-treatment of hazardous waste, the hazardous waste generating subject must enter into a transfer contract with organizations or individuals holding a Hazardous Waste Management Permit with appropriate operational areas and lists of permitted hazardous waste types.

In cases where the purpose is direct reuse, contracts can only be signed with hazardous waste management service providers and not with hazardous waste transporters licensed according to Circular No. 12/2006/TT-BTNMT.

In cases where hazardous waste transporters licensed according to Circular No. 12/2006/TT-BTNMT participate in transporting hazardous waste without the purpose of direct reuse, a three-party contract must be signed between the hazardous waste generating subject, the transporter, and the hazardous waste management service provider or the hazardous waste treatment service provider, or the contract between the hazardous waste generating subject and the transporter must be witnessed and confirmed by the hazardous waste management service provider or the hazardous waste treatment service provider on the contract.

8. Properly follow the declaration procedures and use Hazardous Waste Certificates each time hazardous waste is transferred according to the provisions of Appendix 3 attached to this Circular, except in cases of self-treatment of hazardous waste as specified in Point c, Clause 3, Article 9 of this Circular.

The hazardous waste generating subject must coordinate with relevant organizations and individuals to fully declare on the Hazardous Waste Certificate according to the content of the hazardous waste transfer contract and the regulations in the Hazardous Waste Management Permit of the receiving organization or individual.

9. Monitor and supervise the transfer and treatment of hazardous waste based on the content of the contract and the Hazardous Waste Certificate; establish a record book for the receipt and delivery of hazardous waste to track the type, quantity, code, time, receiving unit, and treatment unit of the hazardous waste. In necessary cases, the hazardous waste generating subject may dispatch staff to directly participate in supervising the transportation and treatment process of the receiving organization or individual.

Within three months from the date of transferring hazardous waste, if the last two copies of the Hazardous Waste Certificate are not received without a reasonable written explanation from the receiving organization or individual, the hazardous waste generating subject must take responsibility for checking, urging, or reporting to the competent authority for inspection and handling.

10. When exporting hazardous waste for treatment abroad, the hazardous waste generating subject must comply with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (hereinafter referred to as the Basel Convention) as stipulated in Appendix 5 (A) attached to this Circular.

11. Prepare a hazardous waste management report according to the model specified in Appendix 4 (A) attached to this Circular with a reporting period of six months from January 1 to June 30 and from July 1 to December 31 each year, and submit within one month from the end of the reporting period, except for the following cases:

a) Hazardous waste generating subjects specified in Point b, Clause 1 of this Article shall use an annual reporting period from January 1 to December 31 each year and submit within one month from the end of the reporting period;

b) Hazardous waste generating subjects specified in Point a, Clause 1 of this Article shall only report once within one month from the cessation of operations.

Additionally, hazardous waste generating subjects must prepare extraordinary reports as required by state authorities.

For hazardous waste generating subjects specified in Points a, b, and c, Clause 1 of this Article, the submission of hazardous waste management reports shall be considered as fulfilling the responsibility to register the generation of hazardous waste with the provincial specialized environmental protection agency as stipulated in Clause 1, Article 70 of the Environmental Protection Law.

12. Retain all copies of Hazardous Waste Certificates used, related files, and documents for five years to provide to authorized agencies upon request.

13. Simultaneously apply the declaration of Waste Management Documents (WMD) and the online report on Waste Management Activities (WMA) through the information system or via email upon a written request from the competent authority. Encourage waste generators to voluntarily register for application before receiving such a request.

14. In case of sudden occurrence (not annually recurring) with a single quantity exceeding 10 (ten) kilograms for WMD containing particularly hazardous components beyond the threshold specified in QCVN 07:2009/BTNMT or 50 (fifty) kilograms for WMD containing other hazardous components, or any quantity for Persistent Organic Pollutants (POPs), a report must be submitted to the Waste Management Authority within one month from the date of unintentional occurrence or at least one month prior to the intended occurrence. The report must include full information about the name, code, quantity, time, and reason for the sudden occurrence.

15When ceasing operations, a written notice and the return of the Waste Generator Registration Book (if any) must be provided to the Waste Management Authority.

Article 26. Responsibilities of Waste Management Operators

1. Only permitted to commence operations after obtaining a Waste Management Permit.

2. Send copies of the initial, renewed, and amended Waste Management Permits to the People's Committee of the district and commune where the waste treatment facility and transport agent are located.

3. Notify the Competent Authority to recover the old Waste Management Permit within one month from the date of changing the Permit due to changes in the related Competent Authority as stipulated in Clause 5, Article 20 of this Circular.

4. Adhere strictly to the declaration procedures and use of Waste Management Documents as prescribed in Appendix 3 of this Circular.

5. Only allowed to sign transportation and treatment contracts with waste generators within the operational area specified in the Waste Management Permit; only accept transportation and treatment of quantities and types of WMD using specialized means and equipment permitted according to the contract, Waste Management Documents, and the Waste Management Permit.

6. Transport WMD along optimal routes regarding distance, time, ensuring traffic safety and preventing and responding to accidents in compliance with the traffic flow regulations of the competent authority.

7. Bear full responsibility for all activities and personnel of non-primary owned transport vehicles during the transportation of WMD. The Waste Management Operator must report to the Competent Authority on any changes, extensions, or terminations of contracts for non-primary owned transport vehicles within fifteen days from the date of implementation.

8. Fulfill the responsibilities of a waste generator for WMD generated during operations that cannot be treated. If all WMD can be treated completely, the Waste Management Operator does not need to fulfill the responsibilities of a waste generator.

9. Take primary responsibility for selecting WMD reusers, supervise to ensure that WMD reusers comply with direct reuse requirements, confirm on Waste Management Documents, and assist in returning Waste Management Document links to waste generators.

In the periodic Waste Management Activity Report as prescribed in Appendix 4 (B) of this Circular, the Waste Management Operator must report comprehensively on the methods and status of all direct reuse activities of WMD transported over a three-year period up to the reporting date.

If it is found that WMD reusers are not fulfilling their responsibilities as stipulated in Article 29 of this Circular, the Waste Management Operator has the responsibility to report to the competent authorities for inspection and handling.

10. When participating in domestic transportation for cross-border WMD transportation, the Waste Management Operator is responsible for coordinating with the waste generator or the exporter representing the waste generator to comply with the Basel Convention regulations as prescribed in Appendix 5 (A) of this Circular.

11. In cases of sudden need to hire sea or rail transport, coordinate with the transport provider to develop packaging and storage plans suitable for safe transportation, submit for guidance and approval by the Competent Authority in writing.

12. Prepare the following reports:

a) Semi-annual Waste Management Activity Reports covering the periods from January 1 to June 30 and July 1 to December 31 each year, as prescribed in Appendix 4 (B) of this Circular, to be submitted within one month from the end of the reporting period.

b) Emergency reports as required by state agencies.

c) Reports to the Competent Authority on changes to physical facilities, technical equipment, key personnel, or programs and plans in the registration dossier accompanying the Waste Management Permit compared to when the permit was issued.

13. Maintain a logbook for the transfer of WMD to track the name, quantity, code, time, and unit transferring or receiving WMD with transport agents or treatment facilities, ensuring consistency with Waste Management Documents; operation logs of specialized equipment for WMD management; a record of the quantity, quality, and consumption sources of recycled or recovered products from WMD; online tracking files of transport vehicle journeys via GPS (if available) and provide access to the Competent Authority; continuous automatic monitoring databases (if available).

14. Retain all used Waste Management Document links, relevant files, and documents for five years to provide to the competent authority upon request.

15. Fully implement all contents of the registration dossiers confirmed by the Competent Authority's stamp accompanying the initial, renewed, and amended Waste Management Permits (if applicable), especially training and regular training plans; pollution control and environmental protection plans; environmental monitoring programs, operation monitoring, and effectiveness evaluation of WMD treatment; occupational safety and health plans; accident prevention and response plans.

16. Monitor the activities of CTNH transportation agents and be generally responsible for environmental protection violations and CTNH management violations committed by such agents. Must report to the competent authority within 15 (fifteen) days from the date of change, extension, or termination of the agency contracts.

17. Only permitted to sign contracts to accept and process CTNH from no more than 05 (five) CTNH transporters licensed in accordance with Circular No. 12/2006/TT-BTNMT, except in the following cases:

a) The CTNH transporter is simultaneously the CTNH processor;

b) The CTNH transporter is a member of the same group, corporation, or business cluster with common founding shareholders or has a parent-subsidiary business relationship with the processor;

c) The CTNH transporter only operates at sea.

The CTNH management practitioner must report to the competent authority within 15 (fifteen) days from the date of change, extension, or termination of contracts with CTNH transporters.

18. Notify in writing the CTNH waste source owner when there is a need to temporarily store CTNH without processing for over 03 (three) months but not exceeding 06 (six) months from the date of transfer recorded on the CTNH document.

19. When required, only perform CTNH transportation and transfer responsibility for processing to another CTNH management practitioner or another CTNH processor, must submit a written request along with the contract for the competent authority's review and approval in writing before implementation. The transfer of a batch of CTNH can only be carried out between no more than 02 (two) CTNH management practitioners or processors.

The CTNH management practitioner must submit a written request or notification for the competent authority's review and approval when there is a termination, change, addition, or extension of the contract.

20. Simultaneously apply the declaration of CTNH documents and CTNH management reports online through the information system or via email upon written request by the authorized authority. Encourage CTNH management practitioners to voluntarily register for application before receiving a written request from the authorized authority.

21. Obtain the Environmental Management System Certificate - ISO 14001 or equivalent suitable for the operation of the CTNH treatment facility within 03 (three) years from the date of issuance of the first CTNH management permit, and the Quality Management System Certificate - ISO 9001 or equivalent suitable for the operation of the CTNH transportation agent within 03 (three) years from the date the transportation agent is included in the permit.

22. Upon cessation of operations, must implement the plan for pollution control and environmental protection at the time of cessation, notify in writing for the competent authority to revoke the CTNH management permit.

Article 27. Responsibilities of CTNH transporters licensed in accordance with Circular No. 12/2006/TT-BTNMT

1. Only permitted to use the CTNH management permit issued according to Circular No. 12/2006/TT-BTNMT to operate until December 31, 2015 if not converted to a CTNH management practice permit according to this Circular.

2. Send copies of the CTNH management permits renewed according to Article 21 of this Circular to the People's Committee of the district and commune where the facility location is situated.

3. In case of having both CTNH management permits issued by the General Department of Environment and local competent authorities, must notify in writing to the issuing competent authority with the earlier issue date to recover this permit within 01 (one) month from the date this Circular takes effect or from the date of issuance of the new permit.

4. Sign a tripartite contract with the CTNH waste source owner, CTNH management practitioner, or CTNH processor licensed in accordance with Circular No. 12/2006/TT-BTNMT regarding the transfer of CTNH or sign a contract with the waste source owner with the witnessing and confirmation of the CTNH management practitioner or CTNH processor on the contract, except in cases where the transporter is simultaneously the processor or there is no specific waste source owner or the waste source owner cannot be identified.

5. Must meet the conditions for CTNH management practice as stipulated in Point c Clause 2 Article 9 and report on compliance to the competent authority no later than 02 (two) months from the date these conditions must be applied.

6. Obtain the Environmental Management System Certificate - ISO 14001 or Quality Management System ISO 9001 or equivalent suitable for CTNH transportation within 03 (three) years from the date this Circular takes effect, including after conversion to a CTNH management practice permit according to this Circular.

7. When there is a need to change, add CTNH management practitioners or CTNH processors accepting CTNH for processing, must submit a written request along with the contract for the competent authority's review and approval in writing before implementation. The CTNH transporter must submit a written request or notification for the competent authority's review and approval when there is a termination, change, addition, or extension of the contract.

8. Implement related responsibilities similar to those stipulated in Clauses 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 18, 20, and 22 of Article 26 of this Circular.

Article 28. Responsibilities of the subject processing hazardous waste that has been licensed in accordance with Circular No. 12/2006/TT-BTNMT

1. Shall only be permitted to operate using the Hazardous Waste Management License issued in accordance with Circular No. 12/2006/TT-BTNMT until December 31, 2015 if they do not convert to a Hazardous Waste Management Business License in accordance with this Circular.

2. Send copies of the CTNH management permits renewed according to Article 21 of this Circular to the People's Committee of the district and commune where the facility location is situated.

3. In case of having both CTNH management permits issued by the General Department of Environment and local competent authorities, must notify in writing to the issuing competent authority with the earlier issue date to recover this permit within 01 (one) month from the date this Circular takes effect or from the date of issuance of the new permit.

4. Must meet the conditions for operating hazardous waste management business as stipulated in Point d Clause 2 Article 9 and report on compliance to the competent authority within no later than two months from the date these conditions must be applied.

5. Obtain an Environmental Management System - ISO 14001 certificate or equivalent suitable for hazardous waste treatment within three years from the effective date of this Circular, including after converting to a Hazardous Waste Management Business License in accordance with this Circular.

6. Fulfill related responsibilities similar to those prescribed in Clauses 4, 5, 8, 12, 13, 14, 15, 17, 18, 20, and 22 of Article 26 of this Circular.

Article 29. Responsibilities of the subject reusing hazardous waste

1. Shall only be permitted to accept hazardous waste for direct reuse directly from hazardous waste management business subjects holding a valid Hazardous Waste Management License.

2. Shall only be permitted to directly reuse hazardous waste according to its original purpose as a source of hazardous waste, prohibiting its use for other purposes or transfer to another organization or individual without direct reuse.

3. Properly implement the declaration procedures and Hazardous Waste Receipts as prescribed in Appendix 3 attached to this Circular.

4. In cases where the total amount of directly reused hazardous waste exceeds or equals 120 kilograms per year, a written explanation must be submitted to the Environmental Protection Agency or the Department of Natural Resources and Environment at the local level where no Environmental Protection Agency has been established, and can only commence operations if there is no objection (stating reasons) within twenty days from the date the agency receives the written explanation; annually report to the Environmental Protection Agency or the Department of Natural Resources and Environment about the status of direct reuse within one month from the end of the reporting period.

5. Cooperate and provide information for the hazardous waste management business subject to report on the plan and status of direct reuse of hazardous waste in periodic hazardous waste management reports.

6. Fulfill the responsibilities of the hazardous waste generating subject for hazardous waste after direct reuse ends and any hazardous waste generated during the direct reuse process in accordance with Article 25 of this Circular, except when directly reused hazardous waste is intended for household use, in which case it shall comply with regulations on household waste management.

Chapter V
RESPONSIBILITIES OF STATE AUTHORITIES WITH COMPETENT AUTHORITY

Article 30. Responsibilities of the General Department of Environment

1. Manage activities and related files, contracts, reports, and receipts of organizations and individuals holding Hazardous Waste Management Licenses issued by itself.

2. Send copies of Hazardous Waste Management Licenses or Decisions to revoke Hazardous Waste Management Licenses issued by itself to provincial People's Committees, Departments of Natural Resources and Environment where the licensed facility is located, and publicly disclose information on its website.

3. Strengthen the use of information systems or email to notify, guide, and exchange with organizations and individuals during the review of applications, trial operation, assessment of business conditions, and other activities related to Hazardous Waste Management Licenses to shorten time and reduce paper documents.

4. Develop a national information system and database on hazardous waste; organize and guide the implementation of online registration, declaration of Hazardous Waste Receipts, and hazardous waste management reports to gradually replace paper documents.

Article 31. Responsibilities of the People's Committee of the province or the Department of Natural Resources and Environment delegated by the People's Committee of the province

1. Manage activities and related files, contracts, reports, and receipts of organizations and individuals holding Hazardous Waste Management Licenses issued by itself.

2. Send copies of the Waste Management Permit or the Decision to revoke the Waste Management Permit issued by itself to the General Department of the Environment and the People's Committee of the district where the permitted facility is located, and publicly disclose information on the website (if available).

3. Strengthen the use of information systems or email to notify, guide, and exchange with organizations and individuals during the review of applications, trial operation, assessment of business conditions, and other activities related to Hazardous Waste Management Licenses to shorten time and reduce paper documents.

4. In cases where territories are merged between provinces, the People's Committee of the receiving province shall guide the issuance of new Waste Emission Registration Books and waste management permit numbers for consistency.

  Article 32. Responsibilities of the Department of Natural Resources and Environment or the Environmental Protection Agency delegated by the Department of Natural Resources and Environment

1. Publicly disclose information about the Waste Emission Registration Books issued by itself on the website (if available); manage activities and files, reports, contracts, and certificates of waste emission sources (including those without registration books) within its jurisdiction.

2. Enhance the use of information systems or email to notify, guide, and exchange with waste emission sources during the review of applications and other related procedures involving Waste Emission Registration Books to shorten processing time and reduce paper documentation.

3. Report to the People's Committee of the province and the General Department of the Environment according to Appendix 4 (C) attached to this Circular within three months from the end date of each reporting period (from January 1 to December 31 each year).

4. Coordinate in building information systems and databases on waste and implement online registration of waste emission sources, declaration of waste certificates, and waste management reports at the local level to gradually replace paper documentation.

5. In accordance with Clause 4, Article 73 of the Law on Environmental Protection, confirm the transfer of waste by waste emission sources to waste management service providers reflected in the waste certificate based on the waste management report of the waste emission source according to Appendix 4 (A) attached to this Circular.

The confirmation mentioned in this clause shall be conducted annually in the waste management report of the Department of Natural Resources and Environment (or the Environmental Protection Agency delegated by the Department of Natural Resources and Environment) according to Appendix 4 (C) attached to this Circular, not for individual contracts or specific waste emission sources.

Chapter VI
IMPLEMENTING PROVISIONS

Article 33. Implementation Organization

1. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees, Directors of Provincial Departments of Natural Resources and Environment, and other relevant organizations and individuals are responsible for implementing this Circular.

2. The Director of the General Department of the Environment is responsible for guiding, inspecting, monitoring, and urging the implementation of this Circular.

Article 34. Effective Date

1. This Circular takes effect from June 1, 2011. This Circular replaces Circular No. 12/2006/TT-BTNMT dated December 26, 2006, of the Ministry of Natural Resources and Environment guiding conditions for operating businesses and procedures for filing applications, registering, issuing permits, and managing hazardous waste, and Decision No. 23/2006/QĐ-BTNMT dated December 26, 2006, of the Minister of Natural Resources and Environment promulgating the List of Hazardous Wastes.

2. Applications for registration of waste emission sources and applications for issuance of Waste Management Permits received before the effective date of this Circular shall be reviewed and processed according to Circular No. 12/2006/TT-BTNMT until August 31, 2011.

After August 31, 2011, applications for registration received before the effective date of this Circular will no longer be valid for review if they have not completed the procedures according to Circular No. 12/2006/TT-BTNMT.

3. During the implementation of this Circular, if difficulties or obstacles arise, relevant ministries, sectors, localities, organizations, and individuals should promptly reflect them to the Ministry of Natural Resources and Environment for research and appropriate amendments and supplements./.