Circular No. 23/2022/TT-BTNMT amending and supplementing certain Articles of Circular No. 28/2019/TT-BTNMT dated December 31, 2019, issued by the Minister of Natural Resources and Environment on technical assessment of dredged materials and determination of areas for disposal of dredged materials in Vietnam's marine waters.

CIRCULAR

Amending and supplementing some articles of Circular No. 28/2019/TT-BTNMT dated December 31, 2019 of the Minister of Natural Resources and Environment
stipulating technical criteria for evaluating dredged materials and determining areas for disposal of dredged materials in Vietnam's marine waters
provisions on technical assessment of dredged material and determination of disposal areas
dredged material in Vietnam's marine areas

Pursuant to the Law on Marine Resources and Environment 2015;

Pursuant to the Environmental Protection Law 2020;

Pursuant to Decree No. 40/2016/NĐ-CP dated May 15, 2016 of the Government detailing a number of provisions of the Law on Marine Resources and Environment;

Pursuant to Decree No. 159/2018/NĐ-CP dated November 23, 2018 of the Government on management of dredging activities in port water areas and inland waterways;

Pursuant to Decree No. 68/2022/NĐ-CP dated September 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Upon the proposal of the Director General of the Vietnam Marine and Island Administration, the Department Head of Science and Technology, and the Department Head of Legal Affairs;

The Minister of Natural Resources and Environment promulgates this Circular amending and supplementing some articles of Circular No. 28/2019/TT-BTNMT dated December 31, 2019 of the Minister of Natural Resources and Environment stipulating technical criteria for evaluating dredged materials and determining areas for disposal of dredged materials in Vietnam's marine waters.

Article 1. Amending and supplementing some articles of Circular No. 28/2019/TT-BTNMT dated December 31, 2019 of the Minister of Natural Resources and Environment stipulating technical criteria for evaluating dredged materials and determining areas for disposal of dredged materials in Vietnam's marine waters

1. Amending and supplementing the following articles:

a) Amend and supplement Clause 2 as follows:

"2. The number of sampling locations for dredged materials shall be determined based on the volume of dredged materials. The minimum number of sampling locations is specified in Appendix 03 attached hereto; for maintenance dredging with a volume of dredged materials of 500,000 m³ or more, the minimum number of sampling locations is 14."

"a) Based on the number of sampling locations determined under Clause 2 of this Article, divide the dredging area into square grids such that the total number of grid cells is at least five times the number of sampling locations;"

b) Amending and supplementing Point a Clause 3 as follows:

“a) Based on the number of sampling locations determined under Clause 2 of this Article, divide the dredging area into square grids such that the total number of grid cells is at least five times the number of sampling locations;”

c) Amend and supplement Point c of Clause 4 as follows:

"c) The minimum number of samples to be taken at one location is one sample; in cases where the dredging area has multiple sediment layers from the seabed to the end of the dredging depth, at each sampling location, one sample must be taken from each sediment layer."

d) Amend and supplement Clause 5 as follows:

"5. Requirements for collecting, processing, storing, preserving, and transporting samples shall be carried out in accordance with Circular No. 10/2021/TT-BTNMT dated June 30, 2021 of the Minister of Natural Resources and Environment stipulating technical criteria for environmental monitoring and management of monitoring information and data on environmental quality; and Circular No. 57/2017/TT-BTNMT dated December 8, 2017 of the Minister of Natural Resources and Environment promulgating technical guidelines for comprehensive surveys and investigations of marine resources and environment at depths of 20 meters or more using ships."

2. Amending and supplementing Clause 2 of Article 10 as follows:

"2. Conduct analysis of dredged materials according to the provisions of Circular No. 10/2021/TT-BTNMT dated June 30, 2021 of the Minister of Natural Resources and Environment stipulating technical criteria for environmental monitoring and management of monitoring information and data on environmental quality to determine the concentration of pollutants in the dredged materials."

3. Amending and supplementing Point d of Clause 3 of Article 21 as follows:

"d) Obtain expert opinions on the report of calculation results as stipulated in Point 1 of Clause 2 of this Article."

4. Supplementing Article 22a as follows:

"Article 22a. Determination of the location and area of the disposal zone for dredged materials

1. The competent authority issuing the Disposal Permit at sea, relevant organizations, and individuals shall determine the location, area, and marine area to be used for disposal of dredged materials based on the following contents:

a) The need for marine area for disposal expressed by organizations and individuals in the application dossier for the Disposal Permit at sea;

b) The location and area of the marine area for disposal as stated in the decision approving the environmental impact assessment report issued by the competent authority, based on the document of the People's Committee of the province or centrally-administered city with coastal areas;

c) The degree of seabed occupation by dredged materials when disposed of, calculated and determined in the Disposal Project at sea.

2. The People's Committees of provinces and centrally-administered cities with coastal areas shall base their determination of feasible disposal zones for dredged materials at sea on the provisions of Articles 16 and 17 of this Circular.

3. The authority reviewing the application dossier for the Disposal Permit at sea shall base its evaluation of the suitability of the disposal location of dredged materials during the review process on the provisions of Articles 18, 19, 20, 21, and 22 of this Circular and Clause 2 of this Article."

Article 2. Repeal certain Articles and Clauses of Circular No. 28/2019/TT-BTNMT dated December 31, 2019, issued by the Minister of Natural Resources and Environment, concerning technical guidelines for evaluating dredged materials and determining areas for disposal of dredged materials in Vietnam's marine zones.

Repeal Clause 3 of Article 6, Clause 4 of Article 7, and Article 9 of Circular No. 28/2019/TT-BTNMT dated December 31, 2019, issued by the Minister of Natural Resources and Environment, concerning technical guidelines for evaluating dredged materials and determining areas for disposal of dredged materials in Vietnam's marine zones.

Article 3. Implementation Provisions

This Circular takes effect from February 14, 2023./.