Decree No. 38/2015/NĐ-CP on waste management and scrap materials

DECREE

VRules on waste and scrap management

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On the basis of Law on Government Organization dated December 25, 2001;

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

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on issued by the Minister of Natural Resources and Environment,

At the proposal of promulgating the Decree on waste and scrap management material.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates on: Waste management including hazardous waste, household solid waste, general industrial solid waste, liquid waste products, wastewater, industrial exhaust gas, and other special wastes; environmental protection in scrap imports.

2. This Decree does not regulate radioactive waste, noise, vibration, light, radiation management.

3. The collection and transportation of waste from non-tariff zones, export processing zones, and export processing enterprises to the domestic area shall be carried out uniformly as for waste outside non-tariff zones, export processing zones, and export processing enterprises according to this Decree; Chapter VIII of this Decree shall not apply to scrap from non-tariff zones, export processing zones, and export processing enterprises.

Article 2. Applicability

This Decree applies to agencies, organizations, households, individuals within the country, foreign organizations, and individuals (hereinafter referred to as organizations and individuals) engaged in activities related to imported waste and scrap on the territory of the Socialist Republic of Vietnam, including land, islands, maritime areas, and airspace.

Article 3. Explanation of Terms

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

1. Solid waste is waste in solid or semi-solid form (also called sludge) discharged from production, business, services, daily life, or other activities.

2. General waste is waste that is not included in the list of hazardous waste or is included in the list of hazardous waste but has harmful factors below the threshold of hazardous waste.

3. Household solid waste (also called household waste) is solid waste generated from daily life activities of people.

4. Industrial solid waste is solid waste generated from production, business, service activities.

5. Wastewater is water that has changed its characteristics and is discharged from production, business, services, daily life, or other activities.

6. Liquid waste product is a product, solution, material in liquid state that has expired or is discharged from usage, production, business, services, daily life, or other activities. In cases where liquid waste is discharged together with wastewater, it is collectively referred to as wastewater.

7. Wastewater receiving source is the place where wastewater is discharged, including: Drainage systems, rivers, streams, ravines, creeks, canals, ditches, lakes, ponds, lagoons, coastal waters, marine areas, and other receiving sources.

8. Industrial exhaust gas is waste existing in gaseous or vapor form generated from industrial production and service activities.

9. Waste classification is the process of distinguishing a substance as waste or not, hazardous waste or general waste, and determining which type or group of waste it belongs to for practical classification and management purposes.

10. Waste sorting is the activity of separating classified waste in practice to divide it into different types or groups of waste for different management procedures.

11. Waste transportation is the process of transporting waste from the point of generation to the treatment site, possibly accompanied by collection, temporary storage (or accumulation), transfer, and preliminary processing of waste at the accumulation point or transfer station.

12. Waste reuse is the direct use of waste again or after preliminary processing without changing the nature of the waste.

13. Preliminary waste processing is the use of simple mechanical-physical methods to change physical properties such as size, moisture, temperature to facilitate sorting, storage, transportation, reuse, recycling, co-processing, and treatment to mix or separate components of waste suitable for different management procedures.

14. Waste recycling is the process of using technological solutions to recover valuable components from waste.

15. Energy recovery from waste is the process of recovering energy from the conversion of waste.

16. Waste treatment is the process of using technological solutions (different from preliminary processing) to reduce, eliminate, isolate, incinerate, destroy, landfill waste and harmful factors in waste.

17. Co-processing of waste is the combination of an existing production process for recycling, treating, and recovering energy from waste, where waste is used as raw materials, alternative fuel, or treated.

18. Waste-generating facility is a production, business, or service facility that generates waste.

19. Pollutant source owner is an organization or individual owning or operating a waste-generating facility.

20. Industrial park is a general term for industrial parks, export processing zones, high-tech parks, and industrial clusters.

21. Waste treatment facility is a facility providing waste treatment services (including recycling, co-processing, and energy recovery from waste).

22. Household solid waste collector and transporter is an organization or individual providing household solid waste collection and transportation services as prescribed.

23. Waste treatment operator is an organization or individual owning or operating a waste treatment facility.

24. Hazardous waste treatment permit is a permit granted to hazardous waste treatment operators to provide services for the treatment, recycling, co-processing, and energy recovery from hazardous waste (which may include transportation, transfer, storage, and preliminary processing activities).

25. Water environment's carrying capacity is the ability to accept additional pollutants while ensuring pollutant concentrations do not exceed the limit values specified in environmental technical standards for the intended use of the receiving water body.

26. Wastewater discharge quota is the load limit of each pollutant or parameter in wastewater set by the competent state management agency for each wastewater receiving source to ensure that wastewater discharge does not exceed the water environment's carrying capacity.

27. Industrial exhaust gas inventory is the determination of the flow rate, characteristics, and features of industrial exhaust gas emission sources in a defined space and time.

28. Posting a guarantee deposit for imported waste materials is the act of organizations and individuals importing waste materials submitting a specified amount of money to the designated place to ensure the reduction and mitigation of environmental risks caused by the importation of waste materials.

29. A consignment of imported waste materials is the quantity of waste materials with the same HS code (export-import goods classification number) or group of HS codes registered by organizations and individuals for inspection once to import into Vietnam.

Article 4. General Principles on Waste Management

1. Organizations and individuals have the responsibility to enhance the application of measures related to resource and energy conservation; the use of renewable resources and energy, environmentally friendly products, raw materials, and clean energy; cleaner production; environmental auditing of waste and other measures to prevent and reduce waste generation.

2. Organizations and individuals have the responsibility to sort waste at the source with the aim of enhancing reuse, recycling, co-processing, treatment, and energy recovery.

3. The construction of waste treatment facilities must comply with laws on construction and relevant environmental protection laws.

4. Wastewater must be collected, treated, reused, or transferred to units with appropriate functions for reuse or treatment to meet technical environmental standards before being discharged into the environment.

5. Emissions must be treated to meet technical environmental standards at the facility where they are generated before being discharged into the environment.

6. The State encourages socialization of waste collection, transportation, reuse, recycling, treatment, and energy recovery from waste.

7. Organizations and individuals generating waste have the responsibility to pay fees and service charges for waste collection, transportation, and treatment activities according to the provisions of the law.

8. Encouragement is given to the application of environmentally friendly waste treatment technologies. The use of biological products in waste treatment must comply with the provisions of the law.

Chapter II

MANAGEMENT OF HAZARDOUS WASTE

Article 5. Identification, Coding, Classification, and Storage of Hazardous Waste

1. The identification of hazardous waste is carried out according to the code, list, and threshold of hazardous waste.

2. Hazardous waste must be classified according to the hazardous waste code for storage in suitable packaging or containment equipment. Common packaging or containment equipment may be used for hazardous waste codes with similar properties that do not react or interact with each other and can be processed using the same method.

3. Hazardous wastewater treated to meet technical environmental standards within the wastewater treatment system at the facility where it is generated shall be managed according to the regulations on wastewater management in Chapter V of this Decree.

4. Hazardous waste must be classified starting from the point of storage or transfer for processing.

Article 6. Registration of Hazardous Waste Generating Sources

1. The hazardous waste generating sources have the responsibility to register with the Department of Natural Resources and Environment in one of the following forms:

a) Preparing a registration dossier to obtain a Hazardous Waste Generating Source Registration Book (hereinafter referred to as the hazardous waste generating source registration procedure);

b) Integrating into the hazardous waste management report and not having to implement the hazardous waste generating source registration procedure for certain special cases (cases where the generating source has limitations on the quantity generated, type, and duration of operation);

c) Registering online through the information system with complete information similar to preparing a dossier as prescribed in Point a Clause 1 of this Article.

2. The hazardous waste generating source registration procedure prescribed in Point a Clause 1 of this Article is only implemented once (no extension or adjustment) when commencing operations that generate hazardous waste. The registration book will only be reissued in cases of changes in the name of the generating source or address, number of facilities generating hazardous waste; changes or additions to the self-reuse, recycling, co-processing, treatment, and energy recovery plans from hazardous waste at the facility. After obtaining the Hazardous Waste Generating Source Registration Book, information about the waste is updated through periodic hazardous waste management reports.

3. The hazardous waste generating source registration procedure is integrated with the registration of plans for self-reuse or preliminary processing, recycling, treatment, co-processing, and energy recovery from hazardous waste within the facility premises to meet technical environmental standards.

Article 7. Responsibilities of Hazardous Waste Generating Subjects

1. Register with the Department of Natural Resources and Environment where the hazardous waste generating facility is located in accordance with Clause 1 of Article 6 of this Decree.

2. Implement measures to reduce the generation of hazardous waste; bear responsibility for classifying, quantifying, reporting, and managing hazardous waste.

3. Have a temporary storage area for hazardous waste; store hazardous waste in packaging or containment equipment that meets technical requirements and management procedures as prescribed.

4. In cases where hazardous waste is not reused, recycled, co-processed, treated, or energy recovered at the facility, the hazardous waste generating subject must sign a contract to transfer the hazardous waste to organizations or individuals holding appropriate permits.

5. The hazardous waste generating subject shall periodically report every six months on the storage of hazardous waste at the generating facility to the Department of Natural Resources and Environment in writing separately or combined within the periodic hazardous waste management report when the transfer has not been completed in the following circumstances:

a) There is no feasible transportation and treatment plan;

b) A suitable hazardous waste treatment handler has not been found.

6. Establish, use, store, and manage hazardous waste documentation, periodic and emergency hazardous waste management reports, and related files, documents, and logs in accordance with regulations.

7. Notify in writing the Department of Natural Resources and Environment where the hazardous waste generating facility is located within a period not exceeding six months upon ceasing hazardous waste generation activities.

Article 8. Collection and Transportation of Hazardous Waste

1. The collection and transportation of hazardous waste can only be carried out by organizations and individuals holding a Hazardous Waste Treatment Permit.

2. Collection and transportation vehicles and equipment must meet technical requirements and management procedures as prescribed. Hazardous waste transportation vehicles must be listed in the Hazardous Waste Treatment Permit.

3. The use of special transportation means such as containers, railway vehicles, inland waterway vessels, sea vessels, or other transportation means not listed in the Hazardous Waste Treatment Permit must comply with technical requirements and management procedures as prescribed by the Ministry of Natural Resources and Environment and obtain approval from the Ministry of Natural Resources and Environment.

4. Hazardous waste transportation must follow an optimal route regarding distance, time, ensuring traffic safety and preventing and responding to incidents in compliance with the regulations of competent authorities on traffic flow management.

Article 9. Conditions for Issuing a Hazardous Waste Treatment Permit

1. Submit an environmental impact assessment report approved by the Ministry of Natural Resources and Environment for investment projects of hazardous waste treatment facilities or alternative documents as follows:

a) Legitimate environmental documents issued by competent state agencies for hazardous waste treatment facilities put into operation before July 1, 2006 including: Environmental standard registration confirmation certificate; review document of production and business activities affecting the environment; environmental impact assessment review form; or equivalent documents;

b) An environmental protection plan approved by competent state agencies according to regulations for hazardous waste treatment facilities already in operation.

2. The location of the hazardous waste treatment facility (except for production facilities with co-processing hazardous waste activities) must be included in planning schemes concerning waste management and treatment approved by competent authorities at provincial level or higher in accordance with laws.

3. Systems and equipment for treatment (including pre-treatment, recycling, co-processing, energy recovery), packaging, containment equipment, temporary storage areas or transfer stations, transportation vehicles (if any) must meet technical requirements and management procedures as prescribed.

4. Have environmental protection facilities at the hazardous waste treatment facility that meet technical requirements and management procedures as prescribed.

5. Have staff meeting the following requirements:

a) A hazardous waste treatment facility must have at least two persons responsible for management, operation, and technical guidance with expertise in environmental or chemical fields and hold a hazardous waste management certificate as prescribed;

b) A hazardous waste transfer station must have at least one person responsible for management, operation, and technical guidance with expertise in environmental or chemical fields;

c) Staff mentioned in Point a and Point b of this Clause must be enrolled in social insurance and health insurance as prescribed by law; have long-term employment contracts if they are not listed in the Business Registration Certificate (or equivalent documents) or do not belong to the leadership or establishment of the organization or individual applying for a hazardous waste treatment permit;

d) Have a team of operators and drivers trained and instructed to ensure safe operation of transportation vehicles, systems, and equipment.

6. Have a safe operation procedure for collection and transportation vehicles and equipment (if any) and treatment (including pre-treatment, recycling, co-processing, energy recovery) of hazardous waste.

7. Have an environmental protection plan including contents such as: Pollution control and environmental protection plan; occupational safety and health plan; incident prevention and response plan; regular training and instruction plan; environmental monitoring program, operational supervision, and evaluation of hazardous waste treatment effectiveness.

8. Have a pollution control and environmental restoration plan upon cessation of operations.

9. The conditions stipulated in Clause 1 of this Article do not apply to the following cases:

a) A production facility that has been put into operation in accordance with the provisions of the law wishes to supplement its waste treatment activities based on existing production technology without being required to prepare an environmental impact assessment report again;

b) A waste treatment facility that has been put into operation in accordance with the provisions of the law wishes to renovate and upgrade with more advanced technology to reduce or not increase negative impacts on the environment, improve treatment efficiency, save resources and energy without being required to prepare an environmental impact assessment report again must submit a plan to the competent authority issuing hazardous waste treatment permits for review and approval before implementing the renovation and upgrading;

10. The following cases shall not be considered as hazardous waste treatment facilities and shall not be subject to issuance of hazardous waste treatment permits:

a) The waste generating entity self-reuses, pre-processes, recycles, co-processes, treats, or recovers energy from internally generated hazardous waste within the premises of the waste-generating facility;

b) Organizations and individuals conducting research and development of hazardous waste treatment technologies in experimental environments;

c) Healthcare facilities with hazardous medical waste treatment works located within their premises to carry out self-treatment and collection, treatment of hazardous medical waste for nearby healthcare facilities (cluster model);

11. The Ministry of Natural Resources and Environment shall stipulate technical requirements and management procedures for the cases mentioned in Clause 10 of this Article;

Article 10. Issuance of Hazardous Waste Treatment Permits

1. Organizations and individuals meeting the conditions prescribed in Article 9 of this Decree shall prepare an application for hazardous waste treatment permit and submit it to the competent authority;

2. The Ministry of Natural Resources and Environment is the competent authority to issue Hazardous Waste Treatment Permits nationwide;

3. A Hazardous Waste Treatment Permit shall clearly specify the area of operation, the quantity and type of hazardous waste permitted to be treated, the means, systems, and equipment for transporting and treating hazardous waste (including pre-processing, recycling, co-processing, energy recovery), and other requirements for the hazardous waste treatment operator;

4. The validity period of a Hazardous Waste Treatment Permit is three years from the date of issuance;

5. The procedure for issuing a Hazardous Waste Treatment Permit replaces the procedures: inspection and confirmation of completion of environmental protection works according to the environmental impact assessment report, environmental protection program (or equivalent documents, papers); confirmation of compliance with environmental protection requirements for household solid waste and general industrial solid waste treatment facilities (in case the hazardous waste treatment facility also treats household solid waste and general industrial solid waste); other environmental procedures related to the operational phase of hazardous waste treatment facilities as prescribed by law;

6. During the process of reviewing and issuing Hazardous Waste Treatment Permits, the Ministry of Natural Resources and Environment shall issue a document approving trial operation of hazardous waste treatment as a temporary basis for organizations and individuals to enter into contracts for collecting, transporting, and treating hazardous waste for trial operation purposes, with a duration not exceeding six months;

7. The Ministry of Natural Resources and Environment shall stipulate the procedures and formalities for issuing Hazardous Waste Treatment Permits.

Article 11. Reissuing and Amending Hazardous Waste Treatment Permits

1. Hazardous waste treatment permits shall be reissued in the following cases:

a) The hazardous waste treatment permit has expired;

b) Changing from a hazardous waste management permit that was issued according to previous regulations before this Decree takes effect;

c) The permit is lost or damaged.

2. A hazardous waste treatment permit shall be amended when there are changes in: Operating area; quantity and type of hazardous waste allowed for treatment; transportation and treatment equipment (including preliminary processing, recycling, co-processing, energy recovery); number of transfer stations; number of hazardous waste treatment facilities.

3. The provisions of Clause 2, Article 9 of this Decree shall not apply to the reissuing and amending as provided for in Clauses 1 and 2 of this Article.

4. Hazardous waste treatment permits shall be reissued or amended with a term of 03 (three) years from the date of reissuance or amendment; except in cases where the hazardous waste treatment operator only requests partial amendments to the permit and retains the original term of the permit.

5. The Ministry of Natural Resources and Environment shall stipulate the procedures for reissuing and amending hazardous waste treatment permits.

Article 12. Responsibilities of Hazardous Waste Treatment Operators

1. Enter into contracts for the collection, transportation, and treatment of hazardous waste with hazardous waste generating sources within the operating area specified in the hazardous waste treatment permit; accept, transport, and treat the quantity and type of hazardous waste using permitted means, systems, and equipment in accordance with the contents of the contract, hazardous waste certificates, and the hazardous waste treatment permit.

2. Fulfill the responsibilities of hazardous waste generating sources for hazardous waste generated during operations that cannot be treated. In cases where all hazardous waste can be treated, the hazardous waste treatment operator does not need to fulfill the responsibilities of a hazardous waste generating source.

3. Fully implement the contents of the application dossier for hazardous waste treatment permits confirmed by the Ministry of Natural Resources and Environment attached to the permit. This dossier serves as specific grounds for environmental management and supervision of hazardous waste treatment operators.

4. Notify in writing the hazardous waste generating sources and report to the Ministry of Natural Resources and Environment (by separate reports or integrated into periodic hazardous waste management reports) if there is a need to temporarily store hazardous waste without immediate treatment for more than 06 (six) months from the date of transfer recorded on the hazardous waste certificate.

5. Register with the Ministry of Natural Resources and Environment when there is a need to collaborate to transport hazardous waste not included in their own permit to other hazardous waste treatment facilities with appropriate functions for treatment.

6. Apply the National Standard on Environmental Management Systems (TCVN ISO 14001) within 24 (twenty-four) months from the date of issuance of the hazardous waste treatment permit; or 24 (twenty-four) months from the date this Decree takes effect for existing hazardous waste treatment facilities.

7. Establish, use, store, and manage hazardous waste certificates, hazardous waste management reports (periodic and emergency), and related files, documents, and logs in accordance with regulations. If the hazardous waste treatment operator is also a general industrial solid waste treatment operator or a household solid waste treatment operator, they may integrate reports, files, documents, and logs for both hazardous waste and household solid waste or general industrial solid waste management.

8. Implement pollution control plans and environmental restoration plans upon cessation of operations, return the hazardous waste treatment permit to the Ministry of Natural Resources and Environment within no more than 06 (six) months from the cessation of operations.

Article 13. Responsibilities of the Minister of Natural Resources and Environment in managing hazardous waste

1. Uniformly manage the state administration of hazardous waste throughout the country and issue regulations on:

a) The list, code, and threshold of hazardous waste; technical requirements and management procedures for classification, storage, transfer, transportation, pre-treatment, reuse, recycling, co-processing, treatment, and energy recovery from hazardous waste; technical requirements and management procedures related to conditions for obtaining permits to treat hazardous waste and the implementation of responsibilities during the operation phase by waste generating entities and hazardous waste treatment entities;

b) Procedures and formalities for: Registration of waste-generating entities for hazardous waste; issuance and revocation of Hazardous Waste Treatment Permits; integration and replacement of procedures related to registration of waste-generating entities and issuance of hazardous waste treatment permits; issuance of hazardous waste management certificates;

c) Cross-border transport registration of hazardous waste according to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal and their destruction; organizing the implementation of functions as the competent authority and focal point of the Basel Convention in Vietnam;

d) Special cases: Cases where it is not possible to collect, transport, store, or transfer using the means and equipment listed on the Hazardous Waste Treatment Permit for waste-generating entities with low quantities generated or located in remote areas without adequate conditions for direct transportation by hazardous waste treatment entities as specified on the Hazardous Waste Treatment Permit; hazardous waste that cannot be treated domestically or is regulated under international treaties to which the Socialist Republic of Vietnam is a member; reuse of hazardous waste; transportation of hazardous waste from offshore oil and gas facilities and other cases arising in practice.

2. Organize the management and inspection of conditions, activities, and relevant files, contracts, reports, and documents of hazardous waste treatment entities.

3. Organize the construction and operation of a national information system and database on hazardous waste; organize and guide the implementation of registration of waste-generating entities, declaration of hazardous waste documents, and online hazardous waste management reports; organize the enhanced use of information systems or email for notification, guidance, and communication with organizations and individuals during the issuance of Hazardous Waste Treatment Permits.

4. Organize the implementation of hazardous waste management contents serving the establishment and implementation of environmental protection planning as stipulated in Article 94 of the Environmental Protection Law.

Article 14. Responsibilities of the Department of Natural Resources and Environment case in managing hazardous waste

1. Manage the activities and files, reports, contracts, and documents of hazardous waste-generating entities within their jurisdiction (including waste-generating entities exempted from registration procedures).

2. Update the database on hazardous waste and implement online registration of waste-generating entities, declaration of hazardous waste documents, and hazardous waste management reports at the local level; enhance the use of information systems or email during the registration of hazardous waste-generating entities.

3. Report to the provincial People's Committee and the Ministry of Natural Resources and Environment on the management of hazardous waste, registration of waste-generating entities for hazardous waste, with the report deadline being before March 31 of the following year.

Chapter III

MANAGEMENT OF DOMESTIC SOLID WASTE

Article 15. Sorting and Storing Household Solid Waste not exceedingstoring municipal solid waste

1. Household solid waste shall be sorted at the source in accordance with management and treatment purposes into the following groups:

a) Organic group that easily decomposes (food scraps, leaves, vegetables, fruits, animal carcasses);

b) Group capable of reuse and recycling (paper, plastic, metal, rubber, nylon, glass);

c) The remaining group.

2. After sorting, household solid waste shall be stored in appropriate packaging or storage equipment.

3. The sorting of household solid waste must be managed, supervised, publicized, and promoted to ensure compliance by organizations, individuals, and households with regulations, facilitating collection, transportation, and treatment.

4. Provincial People's Committees shall guide and organize the implementation of household solid waste sorting in accordance with specific natural, economic, and social conditions of each locality.

Article 16. Responsibilities of Organizations and Individuals Generating Household Solid Waste

1. Implement sorting and storing of household solid waste in accordance with Article 15 of this Decree.

2. Households and individuals must pay sanitation fees for the collection and transportation of household solid waste as prescribed.

3. The source of household solid waste generation is responsible for signing service contracts for collection, transportation, and treatment; paying all costs according to the service contract.

Article 17. Collection and Transportation of Household Solid Waste

1. Household solid waste must be collected along designated routes to transport to collection points, transfer stations, and waste treatment facilities as approved by competent authorities.

2. On main streets, commercial areas, parks, squares, residential concentrations, traffic hubs, and other public areas, suitable storage equipment and collection points for household solid waste must be arranged.

3. Storage equipment for household solid waste must be sized appropriately for the duration of storage. Public area storage equipment must ensure aesthetic standards.

4. During transportation of household solid waste, it must be ensured that waste does not spill, causing dust, odor, or leakage.

Article 18. Responsibilities of Household Solid Waste Collectors and Transporters

1. Ensure sufficient human resources, means of transport, and specialized equipment to collect and transport all household solid waste from specified locations.

2. Announce widely the time, location, frequency, and route of household solid waste collection at residential points.

3. Collect and transport household solid waste to collection points, transfer stations, or treatment facilities using means of transport and equipment meeting technical requirements and management procedures as prescribed.

4. In cases where hazardous waste is separated from household solid waste at collection points or transfer stations, it must be transferred to management under the provisions on hazardous waste management in Chapter II of this Decree.

5. Be responsible for the spillage of household solid waste, causing dust, odor, or leakage during collection and transportation, which adversely affects the environment.

6. Provide vocational training and equip protective gear for workers involved in collecting and transporting household solid waste.

7. Organize regular health check-ups and ensure benefits for workers participating in the collection and transportation of household solid waste as prescribed.

8. Report annually on the situation of household solid waste collection and transportation as prescribed.

Article 19. Selection of technology for solid waste treatment

1. Technologies for solid waste treatment include:

a) Organic fertilizer processing technology;

b) Incineration technology;

c) Sanitary landfilling technology;

d) Recycling, energy recovery, and product manufacturing technologies from useful components in solid waste;

đ) Other environmentally friendly technologies.

2. Selection of technology for solid waste treatment shall be based on the following criteria:

a) Regarding technology:

- The ability to accept various types of solid waste, flexibility, suitability in scale, and capacity expansion;

- Level of automation and localization of equipment chains; rate of solid waste treatment, reuse, recycling, and landfilling;

- Prioritizing technologies that have been evaluated and certified by competent authorities to meet environmental technical standards and are suitable for Vietnam's conditions;

- Management, operation, and maintenance that are appropriate to the local human resource level and capability.

b) Regarding environment and society:

- Ensuring environmental technical standards;

- Saving land area usage;

- Energy conservation and energy recovery during the treatment process;

- Training and utilizing local human resources.

c) Regarding economy:

- Treatment costs that are commensurate with the local budget or not exceeding the officially announced treatment cost by competent authorities;

- Marketability of products produced through solid waste treatment and recycling technologies.

3. Based on the provisions of Clause 2 of this Article, the People's Committee of the province or the investor shall select solid waste treatment technology suitable for local conditions.

Article 20. Selection of investors and waste treatment operators

1. The selection of investors for solid waste treatment facilities shall comply with laws on investment, construction, and bidding.

2. The selection of operators for solid waste treatment facilities funded by state budget must adhere to laws on public service provision.

3. In cases where solid waste treatment facilities are invested outside the state budget, the investor may directly manage and operate the facility or hire organizations or individuals to act as waste treatment operators according to relevant laws.

Article 21. Environmental protection requirements for solid waste treatment facilities

1. There must be an environmental impact assessment report approved by the competent authority for investment projects of solid waste treatment facilities.

2. Systems and equipment for treatment (including preliminary processing, recycling, co-processing, and energy recovery), temporary storage areas must meet technical requirements and management procedures as prescribed.

3. Environmental protection works at solid waste treatment facilities must meet technical requirements and management procedures as prescribed.

4. There must be an environmental management and monitoring program.

5. Solid waste treatment facilities must be confirmed by the competent authority to meet environmental protection requirements before officially operating.

6. Before conducting trial operations, the waste treatment operator must report to the competent authority for confirmation that the solid waste treatment facility meets environmental protection requirements regarding the trial operation plan. The trial operation period for solid waste treatment shall not exceed six months.

7. The Ministry of Natural Resources and Environment shall confirm or adjust confirmation of meeting environmental protection requirements for:

a) Solid waste treatment facilities whose environmental impact assessment reports have been approved by the Ministry of Natural Resources and Environment;

b) Solid waste treatment facilities receiving solid waste from multiple provinces;

c) Solid waste treatment facilities combining hazardous waste treatment (replaced by Hazardous Waste Treatment Permit).

8. The People's Committee of the province shall confirm or adjust confirmation of meeting environmental protection requirements for solid waste treatment facilities within its approval jurisdiction for environmental impact assessment reports and those only receiving solid waste from within the province.

9. The time for submitting applications for confirmation of meeting environmental protection requirements for solid waste treatment facilities is as follows:

a) Within six months from the start of trial operation;

b) For projects with multiple phases, applications for confirmation of meeting environmental protection requirements can be submitted for each phase of the project.

10. If there are changes in scale, capacity, or technology of solid waste treatment facilities, they must submit applications for adjustment and confirmation of meeting environmental protection requirements to the competent authority for review and adjustment according to regulations.

11. For solid waste treatment facilities that also handle general industrial solid waste, the confirmation of meeting environmental protection requirements for both solid waste treatment facilities and general industrial solid waste treatment facilities will be integrated.

12. The confirmation of meeting environmental protection requirements as stipulated in this Article does not apply to the following cases:

a) Solid waste treatment facilities not required to prepare environmental impact assessment reports; solid waste treatment facilities already in operation and completed environmental protection works before this Decree takes effect;

b) Solid waste landfills operating before this Decree takes effect;

c) Internal preliminary processing, reuse, recycling, treatment, co-processing, and energy recovery from solid waste generated within the premises;

d) Research and development of solid waste treatment technologies in experimental environments.

13. The provisions of Clause 1 of this Article do not apply to the following cases:

a) A production facility that has been put into operation in accordance with the provisions of the law wishes to supplement solid waste treatment activities based on existing production technology without having to prepare an environmental impact assessment report again;

b) A solid waste treatment facility that has been put into operation in accordance with the provisions of the law wishes to renovate and upgrade its technology to reduce or not increase negative impacts on the environment, improve treatment efficiency, save resources and energy without having to prepare an environmental impact assessment report again;

Article 22. Responsibilities and Authorities of Solid Waste Treatment Facility Owners

1. Responsibilities of solid waste treatment facility owners:

a) Fully implement all requirements for environmental protection as stipulated in Article 21 of this Decree;

b) Fully implement the contents confirming compliance with environmental protection requirements for solid waste treatment facilities and the file requesting confirmation of compliance with environmental protection requirements for solid waste treatment facilities attached with the confirmation contents. This file serves as a specific basis for environmental management and supervision of solid waste treatment facility owners;

c) In cases specified in Clause 13 of Article 21, they must submit plans to competent authorities as stipulated in Clauses 7 and 8 of Article 21 of this Decree for review and approval before implementing activities;

d) They have the responsibility to notify in writing the state management agencies and relevant parties when suspending treatment services for repairs, renovations, or upgrades. The notification must clearly state the reasons, duration of service suspension, and include a handling plan;

đ) When discovering environmental incidents, they must take emergency measures to ensure safety for people and property; organize rescue operations for people and property, and promptly inform the project investors, local authorities, or specialized agencies responsible for environmental protection at the location of pollution or environmental incidents to coordinate in handling them;

e) Establish, use, store, and manage reports, files, documents, and logs related to solid waste management in accordance with regulations;

g) If hazardous waste can be separated from solid waste or generated at solid waste treatment facilities, it must be transferred to hazardous waste management under the relevant regulations and fulfill the responsibilities of hazardous waste generators as stipulated in Chapter II of this Decree;

2. Solid waste treatment facility owners have the following rights:

a) To be paid the full price for waste treatment services according to the signed contracts;

b) To request competent state authorities to consider amending and supplementing technical regulations and economic and technical norms related to waste treatment activities;

c) Other rights as prescribed by law;

Article 23. Environmental Rehabilitation when Closing Solid Waste Landfillsđượi Solid Waste Landfills

1. The reuse of land after landfill closure must meet the following requirements:

a) Before reusing the site, an environmental survey and evaluation must be conducted;

b) During the waiting period for the reuse of the solid waste landfill site, leachate and gas treatment operations must continue normally;

c) Monitor environmental changes at monitoring stations after the cessation of landfill operations;

2. Responsibilities of project investors and solid waste treatment facility owners:

a) Develop plans for environmental rehabilitation when closing solid waste landfills and submit them to competent authorities as stipulated in Clauses 7 and 8 of Article 21 of this Decree for approval before closing the landfill. For environmental rehabilitation plans for solid waste landfills using central government support funds, they must submit the plans to the Ministry of Natural Resources and Environment for consideration and consolidation;

b) Immediately after closing the solid waste landfill, they must carry out environmental rehabilitation and landscape restoration while taking preventive measures against environmental pollution according to the approved plan;

c) Organize regular environmental monitoring and track environmental changes at closed solid waste landfills for at least five years from the date of landfill closure. Regular environmental monitoring results must be reported to local environmental management agencies;

d) Prepare topographic maps of the area after landfill closure and termination of landfill operations;

đ) Propose measures to control pollution in subsequent years;

e) Prepare files for transferring the site to competent state management agencies;

3. The Ministry of Natural Resources and Environment shall lead and coordinate with the Ministry of Construction to guide procedures, formalities, contents of environmental rehabilitation of solid waste landfills and the process of closing solid waste landfills after their operations end.

Article 24. Contracts for the collection, transportation, and treatment of household solid waste

1. Types of contracts:

a) Contract for the service of collecting, transporting, and treating household solid waste;

b) Contract for the service of collecting and transporting household solid waste;

c) Contract for the service of treating household solid waste.

2. The Ministry of Construction shall provide model contracts for the collection, transportation, and treatment of household solid waste.

Article 25. Costs for the collection, transportation, and treatment of household solid waste

1. Costs for the collection, transportation, and storage of household solid waste generated by individuals, households, and public places shall be covered through local budgets.

2. Treatment costs for household solid waste serve as the basis for determining service prices and are the grounds for signing contracts for the treatment of household solid waste. Treatment costs for household solid waste shall be calculated accurately based on a unit volume of solid waste to ensure proper treatment, including:

a) Operating and maintenance costs;

b) Depreciation costs for machinery, factories, and facilities invested in the treatment of household solid waste (including leachate and exhaust gases if applicable) that meet technical standards and regulations;

c) Other costs, taxes, and fees as prescribed by law.

3. Sources of revenue for the collection, transportation, and treatment of household solid waste include sanitation fees and other sources of income as prescribed by law.

Article 26. Service Prices for the Treatment of Household Solid Waste

1. Principles and methods for pricing:

a) Linked to the quality of services and treatment technology; ensuring that household solid waste is treated according to technical procedures, meeting environmental standards and technical regulations, contributing to improving environmental quality and protecting public health;

b) Pricing for the treatment of household solid waste must be based on infrastructure conditions, socio-economic conditions, and the budgetary capacity of local governments.

2. Responsibilities for establishing, reviewing, and approving service prices for the treatment of household solid waste:

a) For treatment facilities funded from the state budget within a province, the provincial People's Committee assigns relevant departments to develop pricing plans which are submitted to the Department of Finance to organize reviews and submit to the provincial People's Committee for approval;

b) For treatment facilities funded from non-state budget sources, the investor develops and submits pricing plans, with the Department of Finance leading the review process in collaboration with related agencies, submitting to the provincial People's Committee for approval;

c) For regional or inter-provincial waste treatment projects, the investor submits pricing plans to the Ministry of Finance to lead the review process in collaboration with relevant ministries and sectors. The results of the Ministry of Finance's review serve as the basis for the People's Committees of provinces within the project area to approve waste treatment service prices.

Article 27. Responsibilities of Ministers in Managing Household Solid Waste

1. The Minister of Natural Resources and Environment is responsible for:

a) Guiding procedures, formalities, and documentation for confirming and adjusting confirmation to ensure environmental protection requirements for treatment facilities;

b) Providing technical guidance on management procedures for sorting, storing, accumulating, transferring, transporting, pre-processing, reusing, recycling, co-processing, treating, and recovering energy from household solid waste; technical requirements and management procedures for cases not requiring confirmation of environmental protection requirements as stipulated in Clause 12, Article 21 of this Decree and other cases arising in practice;

c) Implementing management contents related to household solid waste to support the preparation and implementation of environmental protection planning as prescribed in Article 98 of the Environmental Protection Law;

d) Managing and inspecting environmental protection activities related to household solid waste management;

e) Leading and coordinating with the Minister of Construction to establish databases on household solid waste, managing, exploiting, exchanging, and providing information related to household solid waste management.

2. The Minister of Construction is responsible for:

a) Guiding investment management for the construction of treatment facilities according to approved planning; methods for establishing, managing costs, and pricing services for the treatment of household solid waste;

b) Announcing economic and technical norms for the collection, transportation, and treatment of household solid waste; investment capital for constructing treatment facilities for household solid waste;

c) Coordinating with the Minister of Natural Resources and Environment to establish databases on household solid waste, managing, exploiting, exchanging, and providing information related to household solid waste management.

3. The Minister of Science and Technology leads and coordinates with the Minister of Construction and the Minister of Natural Resources and Environment to review new treatment technologies for household solid waste being researched and applied for the first time in Vietnam.

Article 28. Responsibilities of the Provincial People's Committee in Managing Municipal Solid Waste

1. Organize the management of municipal solid waste within the province, assign and delegate responsibilities to specialized agencies, and delegate management responsibilities to people's committees at all levels for managing municipal solid waste in accordance with regulations.

2. Issue specific regulations on managing municipal solid waste; mechanisms and policies to encourage collection, transportation, and investment in facilities for treating municipal solid waste that are suitable for the socio-economic development conditions of the locality.

3. Direct the establishment, review, approval, and implementation of plans for treating solid waste, environmental protection plans according to their authority; develop annual plans for collecting, transporting, and treating municipal solid waste and allocate funds for implementation consistent with local socio-economic development programs and plans.

4. Establish sanitation fees for households, individuals, production, business, service establishments, organizations, and submit them to the Provincial People's Council for decision.

5. Regularly report annually to the Ministry of Natural Resources and Environment and the Ministry of Construction on the situation of managing municipal solid waste within the locality, with the reporting deadline before March 31 of the following year.

6. Organize propaganda and education on laws related to managing municipal solid waste; direct inspection, supervision, and handling of violations of laws related to managing solid waste within the locality.

Chapter IV

MANAGEMENT OF INDUSTRIAL SOLID WASTE

Article 29. Classification and Storage of Ordinary Industrial Solid Waste

1. Ordinary industrial solid waste must be classified separately from hazardous waste; if it cannot be classified, it must be managed according to regulations for hazardous waste.

2. The classification, storage of ordinary industrial solid waste must meet technical requirements and management procedures as prescribed.

Article 30. Responsibilities of the Source Generator of Ordinary Industrial Solid Waste

1. Implement the responsibility of classifying, storing ordinary industrial solid waste as stipulated in Article 29 of this Decree.

2. Self-reuse, pre-treatment, recycle, treat, co-treat, recover energy, or contract with units having the function to transport and treat ordinary industrial solid waste.

3. Regularly report the generation and management of ordinary industrial solid waste in periodic environmental monitoring reports.

Article 31. Collection and Transportation of Ordinary Industrial Solid Waste

1. The collection, transportation, and transfer of ordinary industrial solid waste must ensure that there is no spillage, dust, odor, or leakage of liquid, and comply with technical requirements and management procedures as prescribed.

2. Hazardous waste treatment units that have been granted a Hazardous Waste Treatment Permit may collect and transport ordinary industrial solid waste.

3. Organizations and individuals collecting and transporting ordinary industrial solid waste have the responsibility to transfer the waste to solid waste treatment facilities permitted to operate under the law.

Article 32. Environmental Protection Requirements for Industrial General Solid Waste Treatment Facilities

1. There must be an environmental impact assessment report approved by the competent authority for investment projects of solid waste treatment facilities.

2. Systems, equipment for treatment (including preliminary processing, recycling, co-processing, energy recovery), packaging, storage equipment, temporary storage areas or transfer stations, transportation means (if any) must meet technical requirements and management procedures as prescribed.

3. Environmental protection works at solid waste treatment facilities must meet technical requirements and management procedures as prescribed.

4. There must be an environmental management and monitoring program.

5. Industrial general solid waste treatment facilities must be confirmed by competent authorities to ensure environmental protection requirements before officially commencing industrial general solid waste treatment operations.

6. Prior to conducting trial operation, the owner of the industrial general solid waste treatment facility must report to the competent authority for confirmation of compliance with environmental protection requirements for the industrial general solid waste treatment facility regarding the trial operation plan. The trial operation period for industrial general solid waste treatment shall not exceed six months.

7. The Ministry of Natural Resources and Environment shall confirm or adjust confirmation of meeting environmental protection requirements for:

a) Industrial general solid waste treatment facilities approved by the Ministry of Natural Resources and Environment for submission of environmental impact assessment reports;

b) Industrial general solid waste treatment facilities receiving waste from sources located in multiple provinces;

c) Industrial general solid waste treatment facilities combining hazardous waste treatment (replaced by Hazardous Waste Treatment Permit).

8. Provincial People's Committees confirm or adjust confirmation of compliance with environmental protection requirements for industrial general solid waste treatment facilities within their jurisdiction for approval of environmental impact assessment reports and facilities only receiving waste from sources within the province.

9. The time limit for submitting registration documents for confirmation of compliance with environmental protection requirements for industrial general solid waste treatment facilities is as follows:

a) Not later than six months from the start date of trial operation for projects approved for environmental impact assessments;

b) For projects with multiple phases, registration documents for confirmation of compliance with environmental protection requirements for industrial general solid waste treatment facilities can be submitted for each phase of the project.

10. In cases where there are changes in scale, capacity, or technology at industrial general solid waste treatment facilities, they must prepare documents requesting adjustment of confirmation of compliance with environmental protection requirements for the industrial general solid waste treatment facility to be reviewed and adjusted by the competent authority according to regulations.

11. The confirmation of compliance with environmental protection requirements as stipulated in this Article does not apply to the following cases:

a) Industrial general solid waste treatment facilities that have commenced operations and been confirmed to complete environmental protection works in accordance with regulations prior to the effective date of this Decree;

b) Reuse of industrial general solid waste;

c) Self-preliminary processing, recycling, co-processing, treatment, and energy recovery from internally generated industrial general solid waste within the facility premises;

d) Research and development of industrial general solid waste treatment technologies in experimental environments.

12. The provisions of Clause 1 of this Article do not apply to the following cases:

a) Production facilities that have commenced operations in accordance with legal regulations and require additional co-processing of industrial general solid waste based on existing production technology without the need to resubmit an environmental impact assessment report;

b) Waste treatment facilities that have commenced operations in accordance with legal regulations and require renovation or upgrading with more advanced technology to reduce or not increase negative impacts on the environment, improve treatment efficiency, conserve resources and energy without the need to resubmit an environmental impact assessment report.

Article 33. Responsibilities of the Solid Waste Industrial General Treatment Operator

1. Establish registration files to be confirmed as meeting environmental protection requirements for industrial solid waste treatment facilities.

2. In cases specified in Clause 12, Article 32 of this Decree, they must submit plans to competent authorities as prescribed in Clauses 7 and 8, Article 32 of this Decree for review and approval before commencing operations.

3. Treat industrial general solid waste in accordance with the operational area, capacity, type of waste, and systems and equipment for waste treatment that have been invested in, installed, and confirmed.

4. If hazardous waste is generated from industrial solid waste treatment facilities, they must fulfill the responsibilities of hazardous waste generators as stipulated.

5. Fully implement all contents confirming compliance with environmental protection requirements for industrial solid waste treatment facilities and the registration file for confirmation of compliance with such requirements, attached with the confirmation certificate. This file serves as a specific basis for environmental management and monitoring activities of the industrial solid waste treatment operator.

6. Establish, use, store, and manage reports, files, documents, and logs related to the management of industrial general solid waste in accordance with regulations. Where the industrial solid waste treatment operator also handles hazardous waste or municipal solid waste, they may integrate reports, files, documents, and logs for both hazardous waste or municipal solid waste and industrial general solid waste management.

7. Apply national standards on environmental management systems (TCVN ISO 14001) within twenty-four months from the date of confirmation of compliance with environmental protection requirements for industrial solid waste treatment facilities or twenty-four months from the effective date of this Decree for operating facilities.

8. Implement pollution control and environmental restoration plans, and notify in writing the competent authority confirming compliance with environmental protection requirements for industrial solid waste treatment facilities within six months from the cessation of operations.

Article 34. Responsibilities of the Minister of Natural Resources and Environment in Managing Industrial General Solid Waste

1. Uniformly perform state management functions regarding industrial general solid waste and issue regulations on:

a) Technical requirements and management procedures for sorting, storing, transferring, transporting, pre-treatment, reusing, recycling, co-processing, treating, and energy recovery from industrial general solid waste; technical requirements and management procedures related to environmental protection requirements for industrial solid waste treatment facilities and the implementation of responsibilities during the operational phase by waste generators and treatment operators;

b) Procedures and formalities for confirming and adjusting confirmation of compliance with environmental protection requirements for industrial solid waste treatment facilities;

c) Technical requirements and management procedures for cases not requiring confirmation of compliance with environmental protection requirements as stipulated in Clause 11, Article 32 of this Decree and other cases arising in practice.

2. Organize management, inspection of activities, and related files, contracts, and reports of industrial solid waste treatment operators within their jurisdiction.

3. Organize the construction and operation of a national database on industrial general solid waste; enhance the use of information systems or email to notify, guide, and exchange with organizations and individuals during the confirmation process of compliance with environmental protection requirements for industrial solid waste treatment facilities.

4. Organize the implementation of solid waste management contents serving the establishment and implementation of environmental protection planning as prescribed in Article 98 of the Environmental Protection Law.

Article 35. Responsibilities of the Provincial People's Committee in Managing General Industrial Solid Waste

1. Organize management and inspection of activities and related files, contracts, reports concerning general industrial solid waste treatment subjects confirmed by the Provincial People's Committee to ensure environmental protection requirements.

2. Update information on general industrial solid waste into the national database; enhance the use of information systems or email for notification, guidance, and exchange with organizations and individuals during the confirmation process to ensure environmental protection requirements for general industrial solid waste treatment facilities.

3. Annually compile and update statistics on the generation and management of general industrial solid waste in the locality and report to the Ministry of Natural Resources and Environment for consolidation and monitoring; the deadline for the report is before March 31 of the following year.

Chapter V

MANAGEMENT OF WASTEWATER

Article 36. General Principles for Wastewater Management

1. Wastewater must be managed through activities to reduce, reuse, collect, and treat to meet technical environmental standards.

2. Discharging wastewater must be managed both according to administrative boundaries and watershed areas.

3. Organizations and individuals generating wastewater must pay fees and service charges for wastewater treatment as prescribed by law.

4. Encourage activities aimed at reducing and reusing wastewater.

Article 37. Collection and Treatment of Wastewater

1. Industrial zones must have separate systems for collecting rainwater and centralized collection and treatment systems for wastewater that meet technical environmental standards. The wastewater treatment system must ensure sufficient capacity to handle all wastewater generated by facilities within the industrial zone and must be constructed and operated before these facilities commence operations. Neighboring industrial zones may combine the use of centralized wastewater treatment systems.

2. Urban areas, concentrated residential areas, high-rise buildings, and integrated service-commercial complexes must have systems for collecting rainwater and treating wastewater according to planning and adhering to technical standards for constructing infrastructure engineering works.

3. Production, business, and service establishments must have systems for collecting rainwater and treating wastewater in the following forms:

a) Treating wastewater at the establishment's own treatment system that meets technical environmental standards before discharging it into the environment;

b) Ensuring the quality of wastewater entering the centralized treatment system of the industrial zone or craft village in accordance with the owner's regulations of the industrial zone or craft village's infrastructure;

c) Transferring to external units with the appropriate functions for treatment as prescribed: For hazardous wastewater, it shall be managed according to the regulations on hazardous waste management in Chapter II of this Decree; for non-hazardous wastewater, it is only allowed to transfer to units with suitable functions for treatment.

Article 38. Discharge of Wastewater into Receiving Water Bodies

1. The discharge of wastewater from production, business, and service establishments into receiving water bodies must comply uniformly with national technical environmental standards issued by the Ministry of Natural Resources and Environment or local technical environmental standards.

2. Sources of wastewater discharged into receiving water bodies must be regularly investigated and assessed.

3. The discharge of wastewater into receiving water bodies must be managed in accordance with the environmental water body's carrying capacity and wastewater discharge quotas as prescribed.

Article 39. Monitoring of Wastewater Discharge

1. The discharge activities of wastewater from production, business, service establishments, and industrial zones must be monitored regularly according to the environmental impact assessment report that has been approved, the environmental protection plan that has been confirmed, or equivalent documents as prescribed by law.

2. Industrial zones must install automatic continuous wastewater monitoring systems and directly transmit data to the local Department of Natural Resources and Environment.

3. Production, business, and service establishments outside industrial zones with a wastewater discharge volume of 1,000 m³/day-night or more (excluding cooling water) must install automatic continuous wastewater monitoring systems and directly transmit data to the local Department of Natural Resources and Environment.³4. It is encouraged for production, business, and service establishments outside industrial zones with a wastewater discharge volume of less than 1,000 m³/day-night (excluding cooling water) and having a risk of harming the environment to install automatic continuous wastewater monitoring equipment.

Article 40. Management of Water and Sludge After Wastewater Treatment³1. Treated wastewater must be collected for reuse purposes or discharged into receiving water bodies.

2. The reuse of treated wastewater must comply with specific regulations for each intended use.

3. Sludge from the wastewater treatment system shall be managed as follows:

a) Sludge containing hazardous factors exceeding the threshold for hazardous waste must be managed in accordance with the regulations on hazardous waste management set forth in Chapter II of this Decree;

b) Sludge not containing hazardous factors exceeding the threshold for hazardous waste must be managed in accordance with the regulations on general industrial solid waste management set forth in Chapter IV of this Decree.

Article 41. Environmental Water Carrying Capacity and Wastewater Discharge Quotas

1. The environmental water carrying capacity must be assessed based on each pollution parameter, serving as the basis to control the load of that pollution parameter from all wastewater discharge sources within the watershed, based on the highest negative impacts.

2. The carrying capacity is considered and evaluated based on the characteristics of the purpose of use and the self-cleaning capacity of the receiving environment; the scale and nature of current and planned wastewater discharge sources according to socio-economic development planning.

3. Wastewater discharge quotas are determined and allocated based on the environmental water carrying capacity corresponding to the stage of socio-economic development planning.

4. The environmental water carrying capacity and wastewater discharge quotas serve as one of the bases for establishing or adjusting socio-economic development planning and sectoral development planning; considering approval of investment proposals and investment certification for projects.

Article 42. Resources for Wastewater Management

1. The State encourages all forms of investment in the field of wastewater management in accordance with the laws on investment.

2. Revenue from domestic wastewater treatment services must gradually cover the costs of centralized domestic wastewater treatment services.

3. Revenues from wastewater (domestic and industrial) must be used for preventive measures, reduction, control, and remediation of pollution caused by wastewater.

2. Revenue from household wastewater treatment services shall gradually cover the costs of centralized household wastewater treatment services.

3. Revenues from wastewater (household and industrial) must be used for purposes of preventing, reducing, controlling, and remedying pollution caused by wastewater.

Article 43. Responsibilities of Ministers in managing wastewater

1. The Minister of Natural Resources and Environment is responsible for:

a) Prescribing technical requirements and management procedures for: Reuse of wastewater; management of cooling water; collection and treatment of initial stormwater runoff that may be contaminated within the premises of production, business, and service facilities; transfer of wastewater for external treatment outside the facility; entities required to have wastewater treatment systems; continuous automatic monitoring of wastewater for facilities with a high risk of causing environmental pollution; material and technical infrastructure conditions for agencies receiving data from continuous automatic wastewater monitoring and reporting mechanisms;

b) Developing and promulgating guidelines for assessing the capacity of receiving sources, usage zones, and determining discharge quotas for wastewater into receiving sources; developing, promulgating, and allocating discharge quotas for inter-provincial river basins; managing the exchange of wastewater discharge quotas;

c) Guiding the management and treatment of wastewater and uniformly promulgating environmental technical standards for discharging wastewater into receiving sources;

d) Monitoring and controlling water quality at receiving sources in inter-provincial and inter-national river basins;

e) Developing investigation, assessment procedures, and building databases on industrial wastewater in river basins; managing industrial wastewater databases in inter-provincial river basins and operating information sharing mechanisms for industrial wastewater in inter-provincial and inter-national river basins.

2. Responsibilities of relevant ministers regarding the management of wastewater from certain special sources shall be carried out in accordance with the provisions of Chapter VII of this Decree.

Article 44. Responsibilities of provincial People's Committees in managing wastewater

1. Directing and organizing the collection and treatment of domestic wastewater within the province.

2. Monitoring and controlling water quality at receiving sources within the province; investing in material and technical infrastructure to receive and manage results from continuous automatic wastewater monitoring.

3. Organizing assessments of the capacity, promulgating and allocating discharge quotas for intra-provincial river basins; announcing information on receiving sources that can no longer accept wastewater under their management.

4. Organizing investigations, assessments, building databases on wastewater sources, managing, inspecting, and supervising wastewater entering intra-provincial receiving sources; coordinating with the Ministry of Natural Resources and Environment and related localities to organize management, inspection, and supervision of wastewater entering inter-provincial receiving sources as prescribed.

5. Annually reporting the situation of wastewater management and treatment to the Ministry of Natural Resources and Environment for consolidation and tracking.

Chapter VI

INDUSTRIAL GAS EMISSION MANAGEMENT

Article 45. Registration, inventory, and establishment foundation of industrial gas emission data

1. Project owners and facilities listed in the annex of this Decree as large-scale gas emission sources must register as gas emission source owners, except where the gas emission source owner has activities involving co-processing hazardous waste for which a Hazardous Waste Treatment Permit has been issued or where the facility meets environmental protection requirements for solid waste treatment or general industrial solid waste.

2. Registration as an industrial gas emission source owner shall be conducted when the production facility officially operates or when there is a plan to change the industrial gas emission source (increasing emission volume or number of emission sources).

3. The Ministry of Natural Resources and Environment receives registration files; conducts an inventory of industrial gas emissions and establishes a database on industrial gas emissions.

Article 46. Issuance of Industrial Emission Discharge Permits

1. The Ministry of Natural Resources and Environment shall examine the registration files of industrial emission sources and issue Industrial Emission Discharge Permits for operating facilities listed in the Appendix of this Decree as large-scale emission sources, except where the source owner has activities involving co-processing of hazardous waste that have been granted Hazardous Waste Treatment Permits, or facilities confirmed to meet environmental protection requirements for household solid waste treatment or general industrial solid waste treatment.

2. The validity period of the Industrial Emission Discharge Permit is five (5) years. In cases where there are changes in the industrial emission sources (increased emissions, number of emission sources), the facility must submit an application file for review and reissue of the Industrial Emission Discharge Permit.

3. The issuance of Industrial Emission Discharge Permits shall be implemented from January 1, 2018.

Article 47. Continuous Automatic Monitoring of Industrial Emissions

1. Owners of industrial emission sources listed in the Appendix of this Decree as large-scale emission sources must install continuous automatic emission monitoring equipment and directly transmit data to the local Department of Natural Resources and Environment.

2. The local Department of Natural Resources and Environment shall be responsible for transmitting continuous automatic emission monitoring data to the Ministry of Natural Resources and Environment.

Article 48. Responsibilities of the Minister of Natural Resources and Environment in Managing Industrial Emissions

The Minister of Natural Resources and Environment shall stipulate procedures and formalities for registering and inventorying industrial emissions, issuing Industrial Emission Discharge Permits; establish a database on industrial emissions; technical requirements and standards for connecting data from continuous automatic industrial emission monitoring systems.

Chapter VII

MANAGEMENT OF CERTAIN SPECIAL WASTES

Article 49. Management of Medical Waste

1. Medical waste (excluding wastewater treated through the healthcare facility's sewage system) must be sorted at the source as follows:

a) Hazardous medical waste includes: Infectious waste; non-infectious hazardous waste (separately classified according to the list and management regulations for hazardous waste in Chapter II of this Decree); radioactive waste (managed according to radiation regulations).

b) General medical waste includes: Ordinary solid waste (including household solid waste); non-hazardous liquid waste products.

2. Infectious waste must be strictly managed with the highest level of control within healthcare facilities to ensure it does not spread pathogens affecting the environment and human health.

3. If infectious waste is mixed with household solid waste or general waste, such mixed waste must be managed according to hazardous waste regulations.

4. Healthcare facilities shall choose one of the following options for managing hazardous medical waste based on planning, geographical factors, economic conditions, and environmental conditions:

a) Centralized medical waste treatment facility or centralized waste treatment facility with a medical waste treatment unit;

b) Medical waste treatment model for clusters of healthcare facilities (medical waste from a cluster of healthcare facilities is collected and treated together in the system and equipment of one facility in the cluster);

c) Medical waste treatment within the system and equipment located within the premises of the healthcare facility.

5. Treatment of hazardous medical waste:

a) Prioritize non-incineration technologies that are environmentally friendly and ensure compliance with environmental technical standards;

b) After disinfection, infectious waste can be treated like general waste using appropriate methods.

6. The Minister of Natural Resources and Environment shall provide detailed regulations on the transportation and treatment of medical waste.

7. The Minister of Health shall lead and coordinate with the Minister of Natural Resources and Environment to provide detailed regulations on sorting, storing, and managing medical waste within the premises of healthcare facilities and waste generated from funeral and cremation activities.

Article 50. Management of Solid Waste from Construction Activities

1. Solid waste from construction activities (including renovation, demolition of buildings, collectively referred to as construction solid waste) must be classified and managed as follows:

a) Soil and sludge from earth excavation, surface layer dredging, and foundation pile driving shall be used for land reclamation for planting or suitable areas.

b) Rock, solid waste from building materials (bricks, tiles, mortar, concrete, expired binding materials) shall be recycled as building materials or reused as fill material for construction projects or buried in construction solid waste landfill sites.

c) Recyclable solid waste such as glass, iron and steel, wood, paper, plastic shall be recycled and reused.

2. Households in urban areas when carrying out renovation or demolition of construction projects must have measures for collecting, transporting, and processing construction solid waste according to regulations.

3. Households in rural, remote, and mountainous areas without waste collection systems when carrying out renovation or demolition of construction projects must manage construction waste according to local authorities' guidelines, and must not dump waste on roads, rivers, streams, canals, and surface water sources.

4. The Minister of Construction shall take the lead and coordinate with the Minister of Natural Resources and Environment to specify detailed regulations on classification, collection, reuse, recycling, and treatment of construction waste.

Article 51. Management of Waste from Agricultural Activities

1. Hazardous waste, including packaging containing harmful chemicals or harmful chemical products used in agriculture and forestry, must be collected, stored, transported, and treated according to hazardous waste management regulations.

2. Packaging containing plant protection chemicals that has been cleaned of harmful components after use may be managed like general waste.

3. Livestock wastewater may be reused for irrigation or other agricultural production activities according to regulations of the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment.

4. The Minister of Agriculture and Rural Development shall take the lead and coordinate with the Minister of Natural Resources and Environment to provide detailed guidance on the collection and storage of waste generated from agricultural activities.

5. The Minister of Natural Resources and Environment shall specify detailed regulations on the treatment of packaging, plant protection chemicals, fertilizers, and veterinary drugs generated from agricultural activities.

Article 52. Management of Waste from Transportation Activities

1. Solid waste generated within the territory of Vietnam from international transportation vehicles shall be managed according to this Decree's provisions, without applying import and trade laws.

2. The Minister of Transport shall take the lead and coordinate with the Minister of Natural Resources and Environment to specify technical requirements and management procedures for hazardous waste, general solid waste, wastewater, and exhaust gas generated from road, air, maritime, inland waterway, and rail transportation activities, ensuring compliance with international treaties to which the Socialist Republic of Vietnam is a party.

Article 53. Management of Dredged Mud

1. Dredged mud from the sea, rivers, lakes, canals, ditches, drainage systems, and other water areas must be collected, transported, disposed of, reused, recycled, and treated in accordance with the provisions of the law.

2. The Minister of Construction shall stipulate the management of waste sludge from septic tanks (also called septic pits, cesspools) and waste sludge from urban drainage systems.

3. The Minister of Agriculture and Rural Development shall stipulate the management of dredged mud from canals, ditches, and hydraulic works.

4. The Minister of Natural Resources and Environment shall stipulate the management of dredged mud from the sea, rivers, lakes, and other water areas.

5. The People's Committee of the province shall stipulate the disposal sites and treatment of dredged mud.

Article 54. Management of Non-Hazardous Liquid Waste Products

1. The source of waste products has the responsibility to organize the reuse, recycling, processing, co-processing, and energy recovery from non-hazardous liquid waste products in compliance with environmental technical standards.

2. In cases where non-hazardous liquid waste products are processed at the on-site wastewater treatment system of the generating facility or industrial park, they shall be managed according to the regulations on wastewater management in Chapter V of this Decree.

3. In cases where non-hazardous liquid waste products cannot be processed at the generating facility, they may only be transferred to a facility with the appropriate function for processing upon approval by the competent authority reviewing the environmental impact assessment report, environmental protection plan, or environmental protection program (or equivalent documents) of the receiving facility.

4. The Minister of Natural Resources and Environment shall stipulate technical requirements and management procedures for classification, storage, collection, transportation, reuse, recycling, and processing of non-hazardous liquid waste products.

Chapter VIII

ENVIRONMENTAL PROTECTION IN IMPORTING WASTE MATERIALS

Article 55. Entities Permitted to Import Waste Materials from Abroad into Vietnam

1. Organizations and individuals directly using imported waste materials as production raw materials.

2. Organizations and individuals entrusted to import waste materials on behalf of organizations and individuals using imported waste materials as production raw materials.

Article 56. Environmental Protection Conditions for Importing Waste Materials

1. Organizations and individuals directly importing waste materials as production raw materials must meet the following conditions:

a) Storage Warehouse for Imported Waste Materials

- Having a rainwater collection system; a system for collecting and treating wastewater generated during the storage of waste materials to ensure compliance with national environmental technical standards.

- Having a ground level that ensures it will not be flooded; the floor surface in the area storing waste materials is designed to prevent rainwater overflow from the outside; the floor is tightly sealed, without cracks, made of waterproof material, and sufficiently durable to withstand the maximum weight of waste materials calculated.

- Having fire-resistant walls and partitions. Having a fully covered roof against sun and rain for the entire area storing waste materials made of fire-resistant material; having measures or designs to limit direct wind entry.

- Having fire-fighting equipment (at least including foam extinguishers, sand for fire suppression), escape route diagrams, and evacuation direction signs in accordance with the guidelines of the competent authority on fire prevention and fighting as prescribed by the law on fire prevention and fighting.

b) Storage Yard for Imported Waste Materials

- Having a system for collecting and treating initial rainwater runoff through the imported waste material storage yard and wastewater generated during the storage of waste materials to ensure compliance with environmental technical standards.

- Having a ground level that ensures it will not be flooded; the floor is tightly sealed, without cracks, made of waterproof material, and sufficiently durable to withstand the maximum weight of waste materials calculated.

- Having measures to reduce dust generated from the storage yard.

- Having fire-fighting equipment (at least including foam extinguishers, sand for fire suppression) in accordance with the guidelines of the competent authority on fire prevention and fighting as prescribed by the law on fire prevention and fighting.

c) Recycling and Reuse Technology and Equipment for Waste Materials Must Meet Technical Requirements and Management Procedures as Prescribed;

d) Having technology and equipment for treating impurities accompanying waste materials to comply with environmental technical standards. In cases where there is no technology or equipment for treating impurities, they must be transferred to a suitable unit for processing;

đ) Depositing a guarantee fund for imported waste materials in accordance with the provisions of this Decree;

e) Having a commitment letter regarding the re-export or processing of waste materials in cases where imported waste materials do not meet environmental protection requirements.

2. Organizations and individuals entrusted to import must meet the following conditions:

a) Having a power of attorney contract signed with organizations and individuals using imported waste materials as production raw materials that comply with the provisions of Clause 1 of this Article;

b) Depositing a guarantee fund for imported waste materials in accordance with the provisions of this Decree;

c) Having a commitment letter regarding the re-export or processing of waste materials in cases where imported waste materials do not meet environmental protection requirements;

d) Not allowed to store imported waste materials if there is no warehouse meeting the conditions stipulated in Clause 1 of this Article.

3. The Minister of Natural Resources and Environment shall stipulate the procedures and formalities for confirming compliance with environmental protection conditions for importing waste materials as production raw materials as prescribed in Clauses 1 and 2 of this Article; guiding technical requirements and environmental protection for technology and equipment for treating impurities accompanying imported waste materials as prescribed in Point d of Clause 1 of this Article.

Article 57. Purpose and method of depositing guarantee for imported waste materialsứ1\. The deposit of guarantee for imported waste materials is to ensure that organizations and individuals importing waste materials bear responsibility for handling risks and environmental pollution hazards that may arise from the imported waste material consignment.

2\. Organizations and individuals importing waste materials shall make the deposit at the Vietnam Environment Protection Fund or at a commercial bank where the organization or individual maintains its main transaction account.

3\. Method of depositing:

a\. The deposit amount is paid and refunded in Vietnamese dong;

b\. The deposit amount earns interest without term from the date of deposit.

Article 58. Amount of deposit guarantee for imported waste materials

1\. Organizations and individuals importing scrap iron and steel must make a deposit guarantee for imported waste materials with the amount specified as follows:

a\. For import volume under 500 tons, a deposit of 10% of the total value of the imported waste material consignment must be made;

b\. For import volume from 500 tons to less than 1,000 tons, a deposit of 15% of the total value of the imported waste material consignment must be made;

c\. For import volume of 1,000 tons or more, a deposit of 20% of the total value of the imported waste material consignment must be made.

2\. Organizations and individuals importing scrap paper and plastic waste must make a deposit guarantee for imported waste materials with the amount specified as follows:

a\. For import volume under 100 tons, a deposit of 15% of the total value of the imported waste material consignment must be made;

b\. For import volume from 100 tons to less than 500 tons, a deposit of 18% of the total value of the imported waste material consignment must be made;

c\. For import volume of 500 tons or more, a deposit of 20% of the total value of the imported waste material consignment must be made.

3\. Organizations and individuals importing waste materials not covered by Clause 1 and Clause 2 of this Article must make a deposit guarantee for imported waste materials with the amount specified as 10% of the total value of the imported waste material consignment.

Article 59. Deposit guarantee process for imported waste materials

1\. Organizations and individuals importing waste materials must make the deposit before proceeding with customs clearance procedures for imported waste materials at least 15 working days prior.

2\. After receiving the deposit, the Vietnam Environment Protection Fund or the commercial bank confirms the deposit of the organization or individual importing waste materials. A certified copy of the deposit confirmation letter must be submitted together with the customs clearance dossier for imported waste materials.

Article 60. Management and use of the deposit guarantee amount for imported waste materials

1\. The Vietnam Environment Protection Fund or the commercial bank where the organization or individual makes the deposit guarantee for imported waste materials is responsible for freezing the deposit amount.

2\. The Vietnam Environment Protection Fund or the commercial bank that has received the deposit is responsible for refunding the deposit amount to the organization or individual importing waste materials within five working days after receiving the written request of the organization or individual importing waste materials accompanied by a certified copy of the customs declaration stamped with the clearance confirmation seal or a certified copy of the customs declaration stamped with the re-export confirmation seal.

3\. In case the imported waste materials are not cleared or cannot be re-exported, the deposit amount will be used to pay for the costs of handling the non-compliant waste materials. If the deposit amount for imported waste materials is insufficient to cover all the costs for handling the non-compliant imported waste materials, the organization or individual importing waste materials is responsible for paying these costs.

4\. In case there is a surplus in the deposit amount for imported waste materials after paying for the handling of the non-compliant imported waste materials consignment, within five working days after receiving the written opinion of the People's Committee of the province where the violation was handled regarding the completion of the waste material handling process, the Vietnam Environment Protection Fund or the commercial bank is responsible for refunding the remaining deposit amount to the organization or individual importing waste materials.

5\. The Minister of Natural Resources and Environment, in coordination with the Minister of Finance, shall stipulate the procedures, formalities, and use of the deposit amount for imported waste materials to handle non-compliant imported waste materials that cannot be re-exported.

5. The Minister of Natural Resources and Environment shall take the lead and coordinate with the Minister of Finance to prescribe procedures, formalities, and the use of the import deposit for scrap materials to process imported scrap materials that cannot be re-exported due to violations.

Article 61. Responsibilities of the Minister of Natural Resources and Environment

1. To take the lead and coordinate with relevant agencies to guide and inspect the importation of waste materials for production purposes in accordance with the provisions of the Environmental Protection Law.

2. To submit to the Prime Minister for consideration and decision on the trial importation of waste materials and to adjust and supplement the list of waste materials permitted for import from abroad as raw materials for production.

Article 62. Responsibilities of the People's Committee of the Province

1. The People's Committee of the province where organizations and individuals establish production facilities shall guide the periodic inspection of environmental protection activities of organizations and individuals importing waste materials and report to the Ministry of Natural Resources and Environment on the situation of waste material imports, usage, and related environmental issues before March 31 of the following year.

2. The People's Committee of the province where violations occur shall be responsible for:

a) Directing, guiding, planning, and organizing the handling of imported waste material consignments;

b) Taking the lead and coordinating with the People's Committee of the province where organizations and individuals establish production facilities to handle violations concerning imported waste material consignments.

Article Article 63. Responsibilities of organizations and individuals importing and using waste materials lArticle

1. To comply with environmental protection regulations in the importation of waste materials.

2. To pay all costs for the treatment of imported waste materials if the amount of the deposit is insufficient to cover the cost of treating imported waste materials that violate environmental protection regulations.

3. Annually, before January 15 of the following year, organizations and individuals with production facilities using imported waste materials must report on the situation of waste material imports and usage in the year to the Department of Natural Resources and Environment.

Chapter IX

IMPLEMENTING PROVISIONS

Article 64. Transitional Provisions

1. Organizations and individuals who have been issued Hazardous Waste Emission Source Registers in accordance with the regulations prior to the effective date of this Decree may continue to use them.

2. Organizations and individuals who have been issued Hazardous Waste Management Permits in accordance with the regulations prior to the effective date of this Decree may continue to use them until their validity period expires as indicated on the permit.

3. Files that have been accepted by competent state authorities for administrative procedures regarding waste and waste material management prior to the effective date of this Decree shall be processed according to the laws at the time of acceptance.

4. In cases where solid waste treatment facilities (excluding those specified in Point b Clause 12 Article 21 of this Decree) have had their Environmental Impact Assessment reports approved prior to the effective date of this Decree but have not yet been inspected and confirmed to have completed environmental protection works, they shall be replaced by confirmation of compliance with environmental protection requirements. If such facilities have already been inspected and confirmed to have completed environmental protection works and require confirmation of compliance with environmental protection requirements for solid waste treatment facilities, they shall submit the required documents in accordance with the regulations.

5. In cases where general industrial solid waste treatment facilities have had their Environmental Impact Assessment reports approved prior to the effective date of this Decree but have not yet been inspected and confirmed to have completed environmental protection works, they shall be replaced by confirmation of compliance with environmental protection requirements. If such facilities have already been inspected and confirmed to have completed environmental protection works and require confirmation of compliance with environmental protection requirements for general industrial solid waste treatment facilities, they shall submit the required documents in accordance with the regulations.

6. Organizations and individuals who have been issued Certificates of Eligibility for Importing Waste Materials before the effective date of this Decree are permitted to continue importing waste materials until the expiration date of the Certificate of Eligibility for Importing Waste Materials.

Article 65. Responsibilities for guidance and implementation

1. The Ministry of Natural Resources and Environment within its functions, tasks, and authorities shall be responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree; they must report annually on the situation of waste generation and management within their assigned authority (the reporting period runs from January 1 to December 31 each year) to the Ministry of Natural Resources and Environment for consolidation and monitoring before March 31 of the following year.

Article 66. Effective Date

1. This Decree shall take effect from June 15, 2015.

2. Articles (excluding Articles 7, 8, 9, 10, 11, 13, 15, 16, 17, 18) of Decree No. 59/2007/NĐ-CP dated April 9, 2007 of the Government on solid waste management; Clause 4, Clause 6 of Article 4, Clause 3 of Article 45 of Decree No. 80/2014/NĐ-CP dated August 6, 2014 of the Government on drainage and wastewater treatment; Point 1.3 of Section X Part A of the detailed list of fees and charges issued together with Decree No. 24/2006/NĐ-CP dated March 6, 2006 of the Government amending and supplementing some articles of Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on Fees and Charges; Decree No. 174/2007/NĐ-CP dated November 29, 2007 of the Government on environmental protection fees for solid waste shall cease to be effective from the date this Decree takes effect./.