Decision No. 35/2019/QD-TTg on the Inter-Ministerial Coordination Regulation for Managing Imported Waste Materials

Pursuant to …;
Regulation on inter-ministerial coordination in managing waste import activities

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

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

Pursuant to the Customs Law dated June 23, 2014;

Pursuant to the Vietnam Maritime Code on November 25, 2015;

Pursuant to the Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government detailing and providing implementation measures for the Law on Customs regarding customs procedures, inspection, supervision, and control;

Pursuant to Decree No. 59/2018/ND-CP dated April 20, 2018 of the Government amending and supplementing certain articles of Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government detailing and providing implementation measures for the Law on Customs regarding customs procedures, inspection, supervision, and control;

Pursuant to Decree No. 40/2019/NĐ-CP dated May 13, 2019 of the Government amending and supplementing certain articles of decrees detailing and guiding the implementation of the Law on Environmental Protection;

At the proposal of the Minister of Finance;

The Prime Minister promulgates this Decision on the Regulation on inter-ministerial coordination in managing waste import activities.

Article 1. This Decision promulgates the Regulation on inter-ministerial coordination in managing waste import activities.

Article 2. This Decision takes effect from February 15, 2020.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for implementing this Decision.

REGULATIONS

Inter-ministerial Coordination in Managing Waste Import Activities
(Promulgated together with Decision No. 35/2019/QĐ-TTg dated December 19, 2019 of the Prime Minister)

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This Regulation stipulates principles, purposes, contents, methods, and responsibilities in coordinating among the Ministries of Finance, Natural Resources and Environment, Transport, Public Security, Defense, Industry and Trade, Foreign Affairs, Science and Technology (hereinafter referred to as ministries) and People's Committees of provinces and centrally governed cities (hereinafter referred to as People's Committees) in state management over waste import activities from abroad into Vietnam.

Article 2. Principles of Coordination

1. Ensuring close and effective coordination; clearly assigning specific responsibilities for coordination among ministries and People's Committees in managing waste import activities.

2. Coordination activities must be based on the functions, tasks, and authorities of ministries and People's Committees; comply with provisions of this Regulation and laws; ensure timely resolution of emerging issues and meet requirements of tasks; contribute to enhancing the effectiveness of managing waste import activities from abroad into Vietnam.

3. When issues requiring handling arise within the jurisdiction of a particular agency, that agency shall take the lead and other units shall coordinate; when issues arise within the jurisdiction of multiple management agencies, the agency that first receives the case shall take the lead in handling it.

Article 3. Contents of Coordination

1. Coordinate in disseminating, exchanging, and providing information and materials on legal regulations, policies, and guidelines directly related to managing waste import activities used as raw materials for production within their respective fields of management.

2. Coordinate in state management according to specialized fields to enhance the effectiveness of managing waste import activities.

3. Coordinate in inspecting and supervising waste import activities when necessary.

4. Exchange information and methods of operation of organizations and individuals violating the law, serving verification, investigation, and handling of violations in waste import activities (excluding information and materials not permitted to be provided according to State, ministry, or sectoral regulations).

5. Coordinate in preventing, stopping, detecting, and handling violations of the law in waste import activities.

Article 4. Methods and mechanisms for coordination

1. Depending on the content of coordination, coordination may be carried out through the following specific methods:

a) Sending official letters, emails.

b) Organizing meetings for exchange and soliciting opinions.

c) Exchanging information via telephone, fax.

d) Updating and sharing relevant information about waste imports on the National Single Window Portal and the electronic websites of Ministries.

đ) Establishing working groups to handle cross-sectoral and urgent issues.

2. The selection of coordination methods shall be uniformly decided by agencies and ministries at the same level, suitable to specific conditions in each locality and unit.

Chapter II
SPECIFIC PROVISIONS

Article 5. Exchange, Sharing, and Updating Information Related to Waste Imports into Vietnam

1. Responsibilities of the Ministry of Natural Resources and Environment:

Collecting and providing information on the Ministry's electronic website and the National Single Window Portal:

a) Information on national policies for environmental protection management concerning waste imports and their use as production materials.

b) Information on analysis, assessment, and forecasting of waste import activities into Vietnam, risks of legal violations, and environmental hazards affecting community life and health.

2. Responsibilities of the Ministry of Finance: Providing information on the Ministry's electronic website and the National Single Window Portal regarding customs regulations, procedures, and formalities for importing waste from abroad into Vietnam.

3. Responsibilities of the Ministry of Industry and Trade:

Collecting and providing information on the Ministry's electronic website and the National Single Window Portal:

a) Information on state management mechanisms and policies for waste imports from abroad.

b) Information on compliance with legal provisions and handling of illegal acts related to trade goods and services in markets involving imported waste.

c) Market research information, synthesis, analysis, and information on policies, laws, industry, trade, and merchants both domestically and internationally related to imported waste.

4. Responsibilities of the Ministry of Foreign Affairs: Timely providing information on changes in policies regarding waste and scrap from other countries on the Ministry's electronic website and the National Single Window Portal.

5. Responsibilities of Ministries and People's Committees: Providing relevant information and documents on state management work for waste imports from abroad into Vietnam within their jurisdiction, field, and area of management.

6. Timeframe for exchanging and providing information

a) Regular and periodic information

Ministries and People's Committees are responsible for publicly providing regular and periodic information every quarter, on the first day of the first month of the next quarter, through the Ministry's electronic website, the National Single Window Portal, or via written documents and emails to relevant agencies and ministries.

b) Information upon request

- In cases where there is a request for information exchange and provision, the requested agency has the responsibility to provide the information within five working days from the date of receipt of the request. If information cannot be provided, the requested party must issue a written notice stating the reasons within five working days from the date of receipt of the request.

- For urgent requests for information exchange and provision aimed at combating and preventing illegal acts, the requested agency has the responsibility to provide the information immediately after approval by the authorized person. If immediate provision is not possible, the reasons must be clearly stated and the party must bear responsibility for the stated reasons.

Article 6. Coordinating to prevent the importation of waste and scrap materials that do not meet the conditions for import

1. Responsibilities of the Ministry of Natural Resources and Environment:

a) Take the lead in organizing the implementation of receiving and publicly disclosing applications for issuance, reissuance, and revocation of Certificates confirming compliance with environmental protection conditions for importing scrap materials as production raw materials through the National Single Window Portal, including information on factory scale, technology, processing capacity, environmental impact assessment reports, inspection results,...

b) Publicize on the electronic portal of the industry and send information to the National Single Window Portal the following information:

- Information about organizations and individuals who have been issued, reissued Certificates confirming compliance with environmental protection conditions for importing scrap materials as production raw materials.

- Information about decisions to revoke and penalty decisions against organizations and individuals whose Certificates were revoked, specifying the name of the organization or individual, grounds, reasons for revocation, and remedial measures.

c) Coordinate with the Ministry of Finance to guide organizations and individuals importing scrap materials as production raw materials to provide written confirmation of guarantees to the National Single Window Portal as prescribed.

2. Responsibilities of the Ministry of Finance:

a) Take the lead and coordinate with the Ministry of Transport to guide shipping companies, shipping agency companies, transportation businesses, and freight forwarding companies on the declaration of consignment note information before goods arrive at the port, customs policies for the importation of scrap materials.

b) Direct customs authorities to review and inspect pre-declaration information for goods that are scrap materials to notify relevant agencies of the Ministry of Transport not to allow unloading of waste and scrap materials that do not meet the conditions for importation onto warehouses, yards, or ports.

c) Take the lead in implementing the National Single Window Portal system to: receive from the Ministry of Natural Resources and Environment information on issuance, reissuance, and revocation of certificates; organizations and individuals importing scrap materials provide written confirmation of guarantees (scanned copies of the original with electronic signatures of the organization or individual verified).

d) Share information on the volume and types of imported scrap materials to relevant units to serve state management over the importation of scrap materials as production raw materials.

3. Responsibilities of the Ministry of Transport:

a) Coordinate with the Ministry of Finance, the Ministry of Natural Resources and Environment, and the Ministry of Industry and Trade to promptly update and announce the List of scrap materials permitted for importation decided by the Prime Minister, regulations on handling for carriers to be known by vehicle owners, drivers, or persons authorized by vehicle owners when vehicles plan to transport goods from abroad.

b) Coordinate with customs authorities to advise vehicle owners, drivers, or persons authorized by vehicle owners to only transport scrap materials that meet the conditions for importation into Vietnam and organizations and individuals importing scrap materials listed by the Ministry of Natural Resources and Environment.

c) Direct warehouse, yard, and port business enterprises not to allow unloading of imported scrap materials at ports for shipments of scrap materials that do not meet the conditions for importation according to the notification of customs authorities as stipulated in point b, Clause 2 of this Article.

4. Responsibilities of the Ministry of Industry and Trade:

a) Take the lead and coordinate with the Ministry of Natural Resources and Environment and People's Committees to review and assess actual demand for scrap materials as production raw materials to determine the volume of scrap materials needed for importation as production raw materials.

b) Take the lead and coordinate with ministries and People's Committees to review and assess economic benefits and environmental impacts to apply or propose measures to prohibit importation, suspend temporary importation, re-exportation, transit, and transshipment of scrap materials into Vietnam's territory in accordance with the actual situation.

c) Regularly exchange and contact with foreign export-import management agencies to understand policies and legal regulations regarding the export of scrap materials (types, technical standards, etc.) to prevent illegal importation of scrap materials into Vietnam's territory.

d) Direct market management agencies to cooperate with public security agencies and local authorities to strengthen supervision and inspection activities within their authority on the sale and use of scrap materials that do not comply with regulations.

5. Responsibilities of the Ministry of Foreign Affairs: Take the lead in informing countries frequently exporting scrap materials to Vietnam about Vietnam's legal regulations on scrap material imports, violations by scrap material importing businesses, and recommendations to these governments' (if any).

6. Responsibilities of the Ministry of Science and Technology:

a) Take the lead and coordinate with the Ministry of Industry and Trade, the Ministry of Natural Resources and Environment, and People's Committees to review production technologies using imported scrap materials as production raw materials to ensure compliance with environmental protection technical standards and suitability for Vietnam's conditions.

b) Take the lead and coordinate with the Ministry of Industry and Trade, the Ministry of Natural Resources and Environment, and the Ministry of Finance to develop technical measures to prevent the importation of outdated and non-compliant scrap recycling technology chains with Vietnam's environmental protection regulations.

7. Responsibilities of the Ministry of Defense: Direct the Vietnam Coast Guard and Border Guard Forces to strengthen patrols, inspections, prevention, and combat of illegal transportation of waste and scrap materials into Vietnam's territory.

8. Responsibilities of the Ministry of Public Security:

a) Direct units to organize investigations, prosecutions of cases involving the illegal introduction of waste and scrap materials into Vietnam's territory.

b) Take the lead in coordinating with Interpol to develop solutions to combat and prevent the exploitation of scrap material imports to bring waste into Vietnam or scrap materials that do not meet environmental protection requirements into Vietnam.

c) Share information related to violations of laws and regulations, patterns, and methods of operation of organizations and individuals violating the law; key routes and areas related to the importation of waste materials into Vietnam for the Ministry of Finance and the Ministry of Natural Resources and Environment on a quarterly basis, every first day of the month of each quarter through written documents.

Article 7. Coordination in the Implementation of Waste Material Import Clearance Procedures

1. The Ministry of Finance shall direct customs authorities:

a) Coordinate with the Ministry of Natural Resources and Environment to inspect, monitor, and track the validity and quota of waste material import confirmation certificates issued to organizations and individuals importing waste materials from abroad for production purposes, and share information about the quantity of imported waste materials from these organizations and individuals on the National Single Window Portal for relevant units to monitor and check compliance.

b) Lead the implementation of the National Single Window Portal to: receive from the Ministry of Natural Resources and Environment information exempting quality inspections of imported waste materials; organize appraisals to provide inspection and appraisal reports on the quality of imported waste materials and certificates of quality appraisal for imported waste material consignments (electronic documents signed digitally or scanned copies of original documents authenticated by electronic signatures of the appraisal organization).

c) Lead the request for designated appraisal organizations to conduct re-appraisals of imported waste material consignments when there are signs of legal violations in the importation process or in the quality appraisal of imported waste material consignments. The re-appraisal certificate of imported waste material consignments serves as the final legal basis for customs procedures or administrative violation handling according to the law.

d) Investigate and verify and handle according to regulations when signs of forgery or alteration of documents for the importation of waste materials such as environmental protection suitability certificates, deposit guarantee certificates, contracts, quality inspection results, exemption certificates are discovered.

đ) Notify the Ministry of Natural Resources and Environment and the Ministry of Public Security of signs of legal violations in the implementation of quality inspection and appraisal of imported waste materials; signs of legal violations in the improper use of imported waste materials.

e) Provide information on difficulties and obstacles in the management mechanism and policies for imported waste materials; shortcomings and inadequacies in the management process of imported waste material imports to the Ministry of Natural Resources and Environment, the Ministry of Transport, and the Ministry of Industry and Trade.

2. The Ministry of Natural Resources and Environment

a) Publicize on the electronic portal of the industry and send information to the National Single Window Portal the following information:

- Information on organizations certified for conformity assessment, certification registration, certification, and designated appraisal organizations to assess technical standards for imported waste materials.

- Information on documents confirming exemption from quality inspection of imported waste materials for organizations and individuals importing waste materials for production purposes that are exempted from quality inspection of imported waste materials.

b) Coordinate with the Ministry of Finance to guide appraisal organizations to provide inspection and appraisal reports on the quality of imported waste materials and certificates of quality appraisal for imported waste material consignments (electronic documents signed digitally or scanned copies of original documents authenticated by electronic signatures of the appraisal organization) to the National Single Window Portal in accordance with regulations.

c) Establish inter-departmental inspection teams to conduct surprise inspections of waste material importation activities, usage of imported waste materials, and quality inspection and appraisal activities of imported waste material consignments outside annual inspection and audit plans when signs of legal violations are detected or when violation information is provided by customs authorities.

3. Responsibilities of People's Committees:

a) Instruct, coordinate, and direct the activities of functional forces in inspections and supervision on the local territory to prevent, stop, and combat the discovery and handling of acts of transporting and importing waste materials not meeting standards into Vietnam.

b) Direct functional forces on the local territory such as: Police, Customs, Department of Natural Resources and Environment, Market Management... to strengthen inspection and supervision work at craft villages and waste material recycling facilities; suspend and prohibit operations of craft villages and recycling facilities causing environmental pollution; prevent the introduction of imported waste materials into recycling and production facilities that do not meet environmental protection conditions.

c) Timely compile and report on the situation and results of managing the importation of waste materials for production purposes; propose specific measures to the Prime Minister and relevant ministries and sectors to enhance the effectiveness of waste material importation and usage management, management of enterprises engaged in waste material importation, trading, and transportation, and anti-smuggling and illegal cross-border waste material transportation efforts.

d) Regularly report on the management of waste material imports and their use as production materials by organizations and individuals in the locality to the Ministry of Natural Resources and Environment before March 1st of the following year.

Article 8. Coordination in the work of handling waste materials stored at seaports

For imported waste materials stored at seaports for over 90 days, if the customs authority has issued a notice for more than 60 days without anyone claiming them, they will be handled according to current regulations, specifically:

1. Responsibilities of the Ministry of Finance:

a) Direct the customs authority to require shipping companies to be responsible for transporting waste material lots causing environmental pollution out of Vietnam's territory.

b) If, within 30 days from the date the customs authority issues the notice, the shipping company has not transported the waste material lot causing environmental pollution out of Vietnam's territory, the following actions shall be taken:

- The customs authority shall prepare a list of shipping companies that have not transported waste material lots causing environmental pollution out of Vietnam's territory as a basis for recommending the Ministry of Transport to take coercive measures, administrative penalties, or suspend permission to enter and exit Vietnamese seaports.

- Direct the establishment of a Council for Handling Stored Goods at provincial and municipal Customs Bureaus comprising representatives from the customs authority, Department of Natural Resources and Environment, Maritime Port Office or Department of Transport, Border Guard Command, Department of Finance, public security representative from the province/city, port business enterprises, and shipping companies at provinces/cities where there are stored goods to preside over and coordinate with designated appraisal organizations to conduct inventory and classification of stored goods into three categories as follows:

+ Stored goods are radioactive waste;

+ Waste, hazardous waste, scrap materials not meeting national technical standards on the environment;

+ Scrap materials in the import permit list and meeting national technical standards on the environment.

- The Council for Handling Stored Goods shall prepare a list of stored goods that are radioactive waste, notify the Ministry of Science and Technology to preside over and coordinate with relevant agencies to handle them according to regulations.

- The Council for Handling Stored Goods shall organize auctions for scrap materials in the import permit list and meeting national technical standards on the environment to businesses that have been granted certificates confirming their eligibility for environmental protection in importing scrap materials for production purposes, still valid according to regulations. The proceeds from the auction of scrap material lots, after deducting costs as stipulated, shall be submitted to the state budget.

- In cases where scrap material lots causing environmental pollution are waste, hazardous waste, or scrap materials not meeting national technical standards on the environment, the Ministry of Finance shall select units with sufficient capacity from the list provided by the Ministry of Natural Resources and Environment to carry out the destruction of scrap materials according to legal provisions.

2. Responsibilities of the Ministry of Natural Resources and Environment:

a) Coordinate with the Ministry of Finance to promptly implement and direct related units to handle stored goods.

b) Direct the Department of Natural Resources and Environment to participate in inventory, classification, and determination of types of stored goods at seaports according to the division of labor of the Chairman of the Council for Handling Stored Goods and perform tasks of the natural resources and environment sector to handle stored goods.

c) Provide the Ministry of Finance with information on enterprises capable of carrying out the destruction of scrap materials in violation to destroy scrap material lots causing environmental pollution that cannot be re-exported.

3. Responsibilities of the Ministry of Transport:

a) Direct the Maritime Port Office or Department of Transport at provinces/cities where there are stored scrap materials to participate in the Council for Handling Stored Goods and implement tasks within the transportation sector to handle stored goods.

b) Study and propose coercive measures, handling, or suspension of permission to enter and exit Vietnamese seaports for shipping companies transporting environmentally polluting goods into Vietnamese seaports and firmly compel these shipping companies to transport environmentally polluting goods out of Vietnam before granting permission to enter and exit seaports.

c) Direct units engaged in warehouse, yard, port, shipping company, and shipping agency operations to present stored goods to the Council for Handling Stored Goods for inspection and verification according to regulations, and not charge any additional fees for opening inspections or sampling of stored goods lots.

4. The Ministry of Science and Technology:

Preside over and coordinate with relevant agencies to handle radioactive waste stored at seaports as sent by the customs authority according to legal provisions.

5. Responsibilities of the Ministry of Public Security:

Conduct investigations and verifications to handle cases where organizations or individuals named on import bills of scrap materials or waste have fled or failed to complete customs procedures.

6. Responsibilities of the People's Committee:

Direct subordinate units to send representatives to participate in the Council for Handling Stored Goods and implement according to their functions and responsibilities to handle stored scrap materials.

Article 9. Coordination in Inspection and Supervision Work

1. Based on actual conditions, tasks, and directives from superiors, the Ministry of Natural Resources and Environment shall coordinate with the Ministry of Finance to take the lead in developing plans for establishing inter-ministerial working groups to strengthen inspections and supervision of scrap material import activities. Upon receiving requests for coordination in forming such inter-ministerial working groups, the requested agencies shall be responsible for providing opinions, promptly arranging personnel and means, and participating in inspection and supervision teams.

2. In cases of sudden inspections or supervision, or when necessary, direct communication through telephone or other means of communication may be used to request related agencies to cooperate in patrols, inspections, and controls, followed by formal written notifications sent to the cooperating agencies.

3. During the coordination process of inspections and supervision, if violations of laws within the jurisdiction of any agency are discovered, that agency shall take the lead in handling them. If support in expertise, operations, personnel, and means is required from other agencies, they shall be responsible for coordinating to ensure prompt and lawful handling of violations.

4. The time for organizing personnel and means shall be jointly determined by the agencies involved. Inspection and supervision results must be uniformly processed and reported to the superiors of the relevant agencies.

Article 10. Points of Contact for Coordination, Exchange, and Information Provision

1. Central-level points of contact for coordination, exchange, and information provision:

a) Ministry of Finance: General Department of Customs.

b) Ministry of Public Security: Office of the Criminal Investigation Agency (C01), Anti-Corruption, Economic and Commercial Crime Police Bureau (C03), Environmental Crime Prevention Police Bureau (C05).

c) Ministry of National Defense: General Staff Department, Border Guard Command (Drug Control and Crime Prevention Bureau, Border Gate Management Bureau); Coast Guard Command and Criminal Investigation Bureau.

d) Ministry of Natural Resources and Environment: Environment General Department, Inspectorate.

đ) Ministry of Industry and Trade: Export-Import Administration, Market Management General Department, Industry Bureau.

e) Ministry of Transport: Vietnam Maritime Administration.

2. Provincial-level points of contact for exchange and information provision:

a) Customs Authority: Provincial Customs Departments (directly the Anti-Smuggling and Violation Handling Division; Business Affairs Division); Subordinate Customs Bureaus located in provincial and municipal areas.

b) Public Security Authority: Provincial and Municipal Environmental Police Departments (PC05).

c) Military Authority: Provincial and Municipal Border Guard Commands (Drug and Crime Prevention Division, Operations Division).

d) Environmental Authority: Provincial and Municipal Natural Resources and Environment Departments.

đ) Other Authorities: Provincial Industry and Trade Departments, Provincial Market Management Bureaus, County Market Management Teams.

Chapter III
IMPLEMENTING PROVISIONS

Article 11. Principles and Implementation Organization

1. The Ministries of Finance, Natural Resources and Environment, Transport, Public Security, National Defense, Science and Technology, Industry and Trade, Foreign Affairs, and People's Committees at all levels shall be responsible for implementing and organizing this Regulation.

2. Ministries and sectors shall be responsible for managing, inspecting, and certifying imported scrap materials used as production raw materials according to their assigned functions and tasks; they must also bear legal responsibility for information and inspection conclusions related to these goods during coordination processes; strictly handle cases violating regulations on scrap material import management and this Regulation; timely address or report to competent authorities any arising issues or difficulties.

3. During the implementation of this Regulation, if difficulties, obstacles, or content requiring amendments and supplements arise, ministries and People's Committees should submit written reports to the Ministry of Finance for consolidation and reporting to the Prime Minister./.