Circular No. 34/2017/TT-BTNMT on the recovery and disposal of waste products

CIRCULAR

PROVISIONS ON THE RECOVERY AND TREATMENT OF DISCARDED PRODUCTS

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

Pursuant to Decree No. 36/2017/NĐ-CP dated April 4, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;environment;

Pursuant to Decision No. 16/2015/QĐ-TTg dated May 22, 2015 of the Government on the recovery and treatment of discarded products;n waste products;

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

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

The Minister of Natural Resources and Environment promulgates this Circular providing for the recovery and treatment of discarded products.This Circular provides detailed provisions for Clause 13, Article 5 and Clause 1, Article 9 of Decision No. 16/2015/QĐ-TTg dated May 22, 2015 of the Government on the recovery and treatment of discarded products (hereinafter referred to as Decision No. 16/2015/QĐ-TTg).

Article 1. Scope of Regulation

This Circular applies to manufacturers, consumers, and other organizations and individuals related to the recovery and treatment of discarded products within the territory of the Socialist Republic of Vietnam.

Article 2. Applicability

Article 3. Forms, quantities, and locations of recovery points

1. Recovery points shall be established in the following forms:

a) Fixed recovery point: a fixed location set up to directly accept discarded products from consumers;

b) Centralized recovery point: a fixed location set up to collect and store discarded products transferred from other recovery points and may also directly accept discarded products from consumers;

c) Non-fixed recovery point: a mobile location established by the manufacturer or jointly with local authorities during campaigns and promotional activities to accept discarded products from consumers.

2. The system of recovery points shall be established based on the following criteria:

a) The quantity of products sold into the Vietnamese market;

b) The product distribution system of the manufacturer;

c) Distance to the waste treatment and recycling facility.

3. Manufacturers shall base their decisions on the contents stipulated in Clause 1 and Clause 2 of this Article and other conditions (if any) to determine the number, form, and establish a schedule for setting up recovery points accordingly.

Article 4. Technical requirements for recovery points

1. Fixed recovery points and centralized recovery points must meet the requirements set forth in Appendix I attached hereto.

2. Non-fixed recovery points must ensure safe storage without leakage or spillage of discarded products into the environment.

3. Warning signs and preventive measures at recovery points shall comply with the regulations set forth in Appendix I attached hereto.

Article 5. Management procedures for recovery points

1. Manufacturers must cooperate with the owners or operators of fixed recovery points to comply with the following management procedures:

a) Must declare and use hazardous waste transfer documents (hereinafter referred to as HWTD) as the representative of the waste generator when transferring discarded products that are hazardous waste to a suitable hazardous waste treatment facility. The manufacturer and the owner or operator of the fixed recovery point may agree among themselves regarding who will act as the representative of the waste generator when declaring and using the HWTD;

b) Must use the Handover Book according to the model prescribed in Appendix II attached hereto when transferring discarded products to centralized recovery points, when transferring discarded products to another manufacturer for reclamation as provided for in Clause 5, Article 5 of Decision No. 16/2015/QĐ-TTg, or when transferring discarded products that are general waste to a suitable waste treatment and recycling facility;

c) In cases where the owner or operator of the fixed recovery point is not required to register as a waste generator under Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste management and waste materials, then when establishing a recovery point, they do not need to assume the responsibilities of a waste generator for the recovery of discarded products that are hazardous waste;

d) Implement the responsibility of reporting the recovery of discarded products as stipulated in Article 7 of this Circular.

2. Manufacturers must cooperate with the owners or operators of centralized recovery points to comply with the following management procedures:

a) Must use the Handover Book according to the model prescribed in Appendix II attached hereto when receiving discarded products from fixed recovery points or non-fixed recovery points, when transferring discarded products to another manufacturer for reclamation as provided for in Clause 5, Article 5 of Decision No. 16/2015/QĐ-TTg, or when transferring discarded products that are general waste to a suitable waste treatment and recycling facility;

b) Must declare and use HWTD as the representative of the waste generator when transferring discarded products that are hazardous waste to a suitable hazardous waste treatment unit;

c) Must comply with the provisions of the Basel Convention on the control of transboundary movements of hazardous waste and their disposal when exporting discarded products that are hazardous waste abroad for treatment and recycling;

3. When manufacturers carry out the recovery of discarded products at non-fixed recovery points, they must comply with the following management procedures:

2. Manufacturers must cooperate with the owners or operators of centralized recovery points to comply with the following management procedures:

a) Must use the Handover Book according to the model prescribed in Appendix II attached hereto when transferring recovered discarded products to centralized recovery points or when transferring discarded products that are general waste to a suitable waste treatment and recycling facility;

b) Must use HWTD as the representative of the waste generator when transferring discarded products that are hazardous waste to a suitable hazardous waste treatment facility.

b) Must use CTNH invoices as representatives of the waste generating entity when transferring CTNH waste products to CTNH treatment facilities with appropriate functions.

Article 6. Collection, storage, transportation, and disposal of discarded products

1. Transportation means for discarded products must meet technical requirements as follows:

a) Transportation means for discarded products that are hazardous waste must comply with technical management requirements for hazardous waste, except when collecting and transporting from consumers to collection points;

b) Transportation means for discarded products from centralized collection points to disposal facilities must be equipped with GPS route monitoring devices.

2. Requirements for storing discarded products are as follows:

a) The maximum storage time for discarded products at centralized collection points is six months from the date of receipt. In cases where storage exceeds six months due to the inability to find appropriate handlers or recyclers, a report must be submitted to the local Department of Natural Resources and Environment regarding the types and quantities of stored discarded products;

b) Storage of discarded products at facility collection points is not limited in time but must not exceed the maximum allowable quantity specified in Appendix III issued together with this Circular.

3. Transportation of discarded products that are hazardous waste from consumers to collection points does not require a Hazardous Waste Management Permit or a Hazardous Waste Disposal Permit, but each transport must not exceed the maximum quantity (for one transportation means) as follows:

a) 100 kilograms or 50 discarded products, whichever comes first, for small electronic products (computers, monitors, CPUs, printers, fax machines, scanners, cameras, video recorders, mobile phones, tablets, disc players, readers) and discarded batteries, accumulators, compact fluorescent lamps, and fluorescent lamps;

b) One discarded product for large electrical and electronic products (photocopiers, televisions, refrigerators, washing machines, air conditioners) and automobiles, motorcycles;

c) Twenty liters for used oil;

d) Transportation of discarded products that are hazardous waste exceeding the quantities specified in Points a, b, and c of Clause 3 of this Article must be carried out by units holding a Hazardous Waste Management Permit or a Hazardous Waste Disposal Permit.

4. Transportation of discarded products that are hazardous waste from collection points to centralized collection points is regulated as follows:

a) It must be carried out by units holding a Hazardous Waste Management Permit or a Hazardous Waste Disposal Permit;

b) In cases where transportation is conducted by manufacturers or units without a Hazardous Waste Management Permit or a Hazardous Waste Disposal Permit, it shall be implemented according to Point d of Clause 1 of Article 13 of Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste and scrap management.

5. Transportation of discarded products that are hazardous waste from collection points to disposal and recycling facilities must be carried out by units holding a Hazardous Waste Management Permit or a Hazardous Waste Disposal Permit.

6. Transportation of discarded products that are general waste does not require a permit and is not limited in quantity for a single transport but must meet technical management requirements for general waste.

7. Discarded vehicles and motorcycles still capable of operation according to current laws may be transported to collection points by self-driving them.

8. In cases where manufacturers establish programs or projects to directly collect discarded products from consumers, transportation back to centralized collection points or disposal and recycling facilities shall be carried out in the following forms:

a) By units holding a Hazardous Waste Management Permit or a Hazardous Waste Disposal Permit.

b) In cases where transportation is conducted by manufacturers or units without a Hazardous Waste Management Permit or a Hazardous Waste Disposal Permit, it shall be implemented according to Point d of Clause 1 of Article 13 of Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste and scrap management.

9. Discarded products collected must be managed and disposed of according to Clause 4 of Article 4 of Decision No. 16/2015/QĐ-TTg.

Article 7. Report on the recovery and disposal of waste products

1. Manufacturers shall be responsible for preparing reports on the results of the recovery and disposal of waste products annually (the reporting period runs from January 1 to December 31) according to the form prescribed in Appendix IV (A) issued together with this Circular and submitting them to the General Department of Environment before January 31 of the following year.

2. Owners or operators of centralized recovery points shall be responsible for preparing reports on the results of the recovery and transfer of waste products annually (the reporting period runs from January 1 to December 31) according to the form prescribed in Appendix IV (B) issued together with this Circular and submitting them to the provincial Department of Natural Resources and Environment before January 31 of the following year.

3. Owners or operators of facility-based recovery points (except in cases where owners or operators fall under the subject matter prescribed in Point c, Clause 1, Article 5 of this Circular) shall be responsible for preparing reports on the results of the recovery and transfer of waste products annually (the reporting period runs from January 1 to December 31) according to the form prescribed in Appendix IV (C) issued together with this Circular and submitting them to the provincial Department of Natural Resources and Environment before January 31 of the following year.

4. Waste collection and treatment facilities shall be responsible for preparing reports on the results of the collection and disposal of waste products annually (the reporting period runs from January 1 to December 31) according to the form prescribed in Appendix IV (D) issued together with this Circular and submitting them to the General Department of Environment and the provincial Department of Natural Resources and Environment where the treatment facility is located before January 31 of the following year.

5. The CTNH certificates and delivery records declared and used in accordance with this Circular shall be submitted along with the reports of manufacturers, owners or operators of centralized recovery points, facility-based recovery points, and the reports of waste collection and treatment facilities as stipulated herein; in cases where owners or operators fall under the subject matter prescribed in Point c, Clause 1, Article 5 of this Circular, the CTNH certificates and delivery records shall be kept at the recovery point.

Article 8. Establishment and management of data on the recovery and disposal of waste products

1. The database system on waste products includes the following information:

a) List of enterprises engaged in production and import that must fulfill the responsibility of recovering and disposing of waste products;

b) System of recovery points and waste product treatment facilities;

c) Quantity of products sold to the Vietnamese market annually;

d) Quantity of waste products recovered and disposed of annually in Vietnam;

đ) Quantity of waste products recovered and transported abroad for disposal and recycling annually.

2. The General Department of Environment shall be responsible for establishing the database system on waste products.

Article 9. Announcement of the list of recovery points meeting environmental technical requirements

1. The General Department of Environment shall announce the list of recovery points meeting environmental technical requirements on the General Department of Environment's electronic portal (www.vea.gov.vn).

2. The General Department of Environment shall cooperate with the provincial Department of Natural Resources and Environment to conduct on-site surveys of recovery points to serve as the basis for announcing the list of recovery points meeting environmental technical requirements.

Article 10. Effective Date

This Circular takes effect from November 20, 2017.

Article 11. Implementation Organization

1. People's Committees at all levels shall create favorable conditions for manufacturers to establish recovery points, implement or coordinate in implementing the disposal of waste products; the provincial People's Committee shall direct the provincial Department of Natural Resources and Environment to inspect and audit the recovery and disposal of waste products within their jurisdiction.

2. The General Department of Environment shall provide guidance, inspect, audit, monitor, and urge the recovery and disposal of waste products.

3. Ministries, ministerial-level agencies, government agencies, People's Committees at all levels, and related organizations and individuals shall be responsible for implementing this Circular.

4. In the course of implementation, if there are difficulties or obstacles, relevant agencies, organizations, and individuals are requested to promptly report to the Ministry of Natural Resources and Environment for consideration and resolution./.