Joint Circular No. 1590/1997/TTLT/BKHCNMT-BXD guiding the implementation of Directive No. 199/TTg dated April 3, 1997 of the Prime Minister on urgent measures for solid waste management in urban areas and industrial zones.

 JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING THE DIRECTIVE NO. 199/TTg OF APRIL 3, 1997 OF THE GOVERNMENT ON EMERGENCY MEASURES IN SOLID WASTE MANAGEMENT IN URBAN AREAS AND INDUSTRIAL ZONES
city and industrial zone
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Pursuant to the Environmental Protection Law dated December 27, 1993; Decree No. 175/CP dated October 18, 1994 of the Government guiding the implementation of the Environmental Protection Law; Decree No. 22/CP dated May 22, 1993 of the Government on tasks, powers, and organizational structure of the Ministry of Science, Technology and Environment; Decree No. 15/CP dated March 4, 1994 of the Prime Minister on functions, tasks, powers, and organizational structure of the Ministry of Construction.

Pursuant to Directive No. 199/TTg dated April 3, 1997 of the Prime Minister on emergency measures in solid waste management in urban areas and industrial zones.
Considering the actual situation of solid waste management in urban areas and industrial zones throughout the country.

The Ministry of Science, Technology and Environment and the Ministry of Construction hereby issue guidelines for implementing Directive No. 199/TTg dated April 3, 1997 of the Prime Minister on emergency measures in solid waste management in urban areas and industrial zones as follows:

I. GENERAL PROVISIONS

1. Solid waste referred to in this Circular means solid waste generated from activities in urban areas and industrial zones, including residential waste, waste from urban commercial and service activities, hospitals, industrial waste, construction waste (hereinafter referred to as waste).

2. Waste management includes all activities aimed at controlling the entire process from the generation of waste to collection, transportation, treatment (reuse, recycling), disposal (incineration, landfill...), and monitoring disposal sites.

3. Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally-administered cities shall be responsible for implementing waste management according to the provisions of Directive No. 199/TTg dated April 3, 1997 of the Prime Minister and these Guidelines, within their respective functions, tasks, and powers.

II. IMPLEMENTATION

1. Organizations and individuals (production and business establishments, including joint ventures with foreign partners or wholly foreign-owned enterprises, public offices, schools, hospitals, households in urban areas and industrial zones...) in their operations that generate waste must:

Apply measures to minimize waste generation, sort waste at source, comply with regulations of competent authorities on waste collection, aiming to collect the maximum amount of generated waste and transport it to treatment or disposal facilities.

Take measures to treat the maximum amount of waste they generate. In cases where they do not have treatment equipment, they must enter into contracts with units having the function of managing waste to thoroughly collect the generated waste.

Not dispose of hazardous waste anywhere without a permit from the competent state agency for environmental protection.

Strictly adhere to regulations on payment of waste management fees approved by the competent authority.

2. People's Committees of provinces and centrally-administered cities:

2.1 Promptly approve plans for sanitary landfills in their localities, combined with waste recycling areas. The area of sanitary landfills depends on specific conditions regarding population, socio-economic conditions, and industrial development of each locality. However, planning and constructing sanitary landfills for urban areas must meet the following basic requirements:

Have sufficient capacity to accommodate waste burial for at least 25 years. The planned area for sanitary landfills for each urban area is specified as follows:

Type 1 Urban Area: From 100 to 150 hectares Type 2 Urban Area: From 50 to 100 hectares Type 3 Urban Area: From 20 to 50 hectares Type 4 Urban Area: From 10 to 20 hectares

The location of sanitary landfills should not be near residential areas to avoid harmful impacts on the environment and human health but should not be too far from the centers of urban areas and industrial zones to minimize transportation costs.

Design and construct sanitary landfills in accordance with technical and environmental hygiene requirements, and must have systems to collect and treat wastewater discharged from sanitary landfills to prevent pollution of underground and surface water in the area.

2.2 Mobilize investment capital to build sanitary landfills and establish appropriate mechanisms to encourage non-governmental organizations (private companies, joint ventures, cooperatives...) to participate in waste collection and treatment.

2.3 Direct the Department of Science, Technology and Environment.

2.3.1 Conduct surveys of geological and hydrological conditions, engineering geology, and the environment of the planned area as a basis for designing and constructing sanitary landfills and waste treatment areas. Monitor and urge project owners to prepare environmental impact assessments of sanitary landfills for submission to the competent authority for approval.

2.3.2 Assist provincial and centrally-administered city People's Committees in preparing reports on local waste management situations periodically or as required, to be sent to the Ministry of Science, Technology and Environment for compilation and reporting to the Prime Minister.

2.4 Direct the Department of Construction to organize the design and construction of sanitary landfills in compliance with current environmental standards in Vietnam.

2.5 Direct the Department of Transport and Public Works to organize waste collection, transportation, and treatment in their localities; coordinate with the Finance Department to develop and submit to the provincial and centrally-administered city People's Committees for promulgation, fees for waste collection and treatment in the locality (while the State has not yet issued a unified waste management fee for the whole country).

3. The Ministry of Science, Technology and Environment:

3.1 Promptly issue the "Regulations on Waste Management," "Regulations on Hazardous Waste Management," and "Fees for Waste Collection, Transportation, and Disposal."

3.2- Study and propose technologies for waste treatment and environmental standards for the design, construction, and operation of waste disposal sites to ensure environmental hygiene. Guide investors in preparing environmental impact assessment reports for waste disposal sites to submit to competent authorities for approval.

3.3- Coordinate with provinces and centrally governed cities to raise public awareness about waste management issues. Organize training courses both domestically and internationally on professional waste management skills for relevant officials.

3.4- Guide provinces and centrally governed cities in developing annual and long-term plans for waste management and compile annual waste management situations nationwide to report to the Prime Minister.

4- Ministry of Construction:

4.1- Guide provinces and centrally governed cities in developing urban development master plans linked with the planning of environmentally sound waste disposal sites and treatment areas.

4.2- Direct provincial Construction Departments to develop plans and programs for environmentally sound waste disposal site construction to be approved by the People's Committees of provinces and centrally governed cities.

4.3- Coordinate with provinces and centrally governed cities to direct and supervise urban management, particularly focusing on waste collection, transportation, treatment, and disposal in cities and industrial zones to meet environmental standards.

4.4- Issue procedures, regulations, and guidelines for waste collection and transportation at construction sites, especially in large cities.

4.5- Issue technical design guidance documents for environmentally sound waste disposal sites and certain types of waste recycling plants to meet technological and environmental requirements.

III. IMPLEMENTATION PROVISIONS

This Circular shall take effect fifteen days from the date of signature. Any difficulties encountered during implementation should be reported to the Ministry of Science and Technology and Environment, and the Ministry of Construction for research and appropriate supplementation.