Circular No. 41/2015/TT-BTNMT on environmental protection in the import of waste materials for production purposes

CIRCULAR

Regarding environmental protection in importing waste materials for production raw materialsorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.

__________________________

On the basis of Decision No. 130/2007/QĐ-TTg dated August 2, 2007, issued by the Prime Minister, concerning some mechanisms and financial policies for investment projects under the Clean Development Mechanism;

Pursuant to the Investment Law dated November 26, 2014;

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

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decision No. 73/QD-TTg dated December 19, 2014 of the Government Chairman stipulating the List of waste materials permitted to be imported from abroad as production raw materials;

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

The Minister of Natural Resources and Environment issues this Circular on environmental protection in importing waste materials for production raw materials,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details Clause 3 Article 56, Article 61, the sample reports prescribed in Clause 1 Article 62, Clause 3 Article 63 Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste management and waste materials (hereinafter referred to as Decree No. 38/2015/NĐ-CP) and Article 5 Decision No. 73/2014/QĐ-TTg dated December 19, 2014 of the Government Chairman stipulating the List of waste materials permitted to be imported from abroad as production raw materials (hereinafter referred to as Decision No. 73/2014/QĐ-TTg).

Article 2. Applicability

This Circular applies to state management agencies; organizations and individuals inside and outside the country related to activities of importing waste materials from abroad for use as production raw materials; importing waste materials for testing as production raw materials; accepting agency entrustment to import waste materials from abroad for organizations and individuals using imported waste materials as production raw materials.

Chapter II

ENVIRONMENTAL PROTECTION IN IMPORTING WASTE MATERIALS FOR PRODUCTION RAW MATERIALS

Section 1

PROCEDURES AND PROCEDURES FOR ISSUING, REISSUING, REVOKING ENVIRONMENTAL COMPLIANCE CERTIFICATE

IN IMPORTING WASTE MATERIALS FOR PRODUCTION RAW MATERIALS

Article 3. Authority to issue, reissue, revoke Environmental Compliance Certificate in importing waste materials for production raw materials

1. The Ministry of Natural Resources and Environment shall issue, reissue, and revoke the Environmental Compliance Certificate (hereinafter referred to as the Certificate) in the following cases:

a) Organizations and individuals directly using imported waste materials as production raw materials with the quantity of imported waste materials specified in Appendix 1 issued together with this Circular;

b) Organizations and individuals accepting agency entrustment to import waste materials for organizations and individuals using imported waste materials as production raw materials.

2. Provincial Departments of Natural Resources and Environment (hereinafter referred to as Provincial Departments of Natural Resources and Environment) shall issue, reissue, and revoke the Certificate for organizations and individuals directly importing waste materials for use as production raw materials not falling under the cases prescribed in Clause 1 of this Article.

Article 4. Documents for applying for the Environmental Compliance Certificate in importing waste materials for production raw materials

1. Documents for applying for the Certificate for organizations and individuals directly using imported waste materials as production raw materials:

a) One (01) application form according to the model prescribed in Appendix 2a issued together with this Circular;

b) Seven (07) reports on environmental conditions in importing waste materials for production raw materials according to the models prescribed in Appendices 3a and 3b issued together with this Circular;

c) Business registration certificate or Enterprise registration certificate; Tax registration certificate;

d) One (01) of the following documents: Decision approving the Environmental Impact Assessment Report and Decision approving the Supplemental Environmental Impact Assessment Report (if any); Certificate of Registration Meeting Environmental Standards; Confirmation of Registration of Environmental Protection Commitment; Decision approving the Environmental Protection Program; Confirmation of Registration of the Environmental Protection Program; Decision approving the Detailed Environmental Protection Program; Confirmation of Registration of the Simplified Environmental Protection Program; Confirmation of Registration of the Environmental Protection Plan; Notification of Acceptance of Registration of the Environmental Protection Commitment;

đ) One (01) of the following documents: Confirmation of completion of environmental protection works and measures in accordance with the laws on environmental protection for facilities and projects; Confirmation of completion of implementation of the Detailed Environmental Protection Program or equivalent files and papers (if any);

e) Transfer agreement, impurity and waste treatment contract with a competent unit (in case there is no accompanying technology or equipment for impurity and waste treatment);

g) Periodic environmental monitoring report of the facility (if the report does not include environmental monitoring results for waste treatment facilities during production, recycling, and reuse of waste materials, it must be supplemented);

h) Commitment regarding re-exporting or treating imported waste materials according to the model prescribed in Appendix 4a issued together with this Circular.

2. Documents for applying for the Certificate for organizations and individuals accepting agency entrustment to import waste materials for organizations and individuals using imported waste materials as production raw materials:

a) One (01) application form according to the model prescribed in Appendix 2a issued together with this Circular;

b) Seven (07) reports on environmental conditions in importing waste materials for production raw materials according to the models prescribed in Appendices 3a and 3c issued together with this Circular;

c) The documents prescribed in points c, d, đ, e, g Clause 1 of this Article if the organization or individual accepting agency entrustment to import waste materials has storage facilities for imported waste materials in accordance with points a, b Clause 1 Article 56 of Decree No. 38/2015/NĐ-CP;

d) General agency entrustment import contracts signed with organizations and individuals using imported waste materials as production raw materials who have been issued the Certificate;

đ) Valid Certificates of organizations and individuals directly using imported waste materials as production raw materials;

e) Commitment regarding re-exporting or treating imported waste materials according to the model prescribed in Appendix 4b issued together with this Circular.

Article 5. Procedures and formalities for issuing the Certificate confirming compliance with environmental protection conditions for importing waste materials as production raw materials

1. Organizations and individuals specified in Article 55 of Decree No. 38/2015/NĐ-CP shall prepare documents in accordance with Article 4 of this Circular and submit them to the competent authority specified in Article 3 of this Circular (hereinafter referred to collectively as the competent authority).

2. The competent authority shall examine the documents; in cases where the documents are incomplete, within five (05) working days, it shall issue a written notice to organizations and individuals to complete the documents.

3. The competent authority shall decide to establish an inspection team according to the model prescribed in Appendix 5 issued together with this Circular and conduct inspections on environmental protection conditions for importing waste materials as production raw materials; if necessary, samples shall be taken, analyzed, and consultations held with relevant organizations and individuals. Members of the inspection team shall provide comments according to the model prescribed in Appendix 6 issued together with this Circular. The results of the environmental protection condition inspections shall be recorded in a report according to the model prescribed in Appendix 7 issued together with this Circular. The competent authority shall not organize an inspection team for cases where organizations and individuals entrusted to import waste materials as production raw materials do not have warehouses or storage areas for imported waste materials.

4. In cases where organizations and individuals meet the environmental protection conditions as stipulated, the competent authority shall consider and issue the Certificate; in cases where organizations and individuals do not meet the environmental protection conditions as stipulated, the competent authority shall notify them in writing to complete their documents and environmental protection conditions as required.

5. Organizations and individuals must comply with all requirements of the notification document, complete, and resubmit the completed documents to the competent authority for consideration; if necessary, the competent authority may conduct another inspection of the environmental protection conditions and consider and issue the Certificate. If the Certificate is not issued, the competent authority shall notify in writing and specify the reasons.

6. Organizations and individuals directly using imported waste materials as production raw materials are not required to submit the report specified in point g Clause 1 Article 4 of this Circular in cases where the waste materials are being imported for the first time and the production facilities, recycling, and reuse equipment proposed for importation have not yet been put into operation at the time of application for the Certificate. Within six (06) months from the date of issuance of the Certificate, organizations and individuals must submit additional reports on environmental monitoring results for waste treatment facilities during the production, recycling, and reuse processes to the competent authority; if necessary, the authority issuing the Certificate may conduct on-site inspections and sample analyses; in cases where conditions are not met as stipulated, the competent authority shall decide to revoke the Certificate in accordance with the provisions of the law.

7. In cases where organizations and individuals directly importing waste materials for use change the type of waste material, increase the volume of imported waste materials, or in cases where organizations and individuals entrusted to import waste materials change the entrusting organization or individual, they shall follow the procedures for issuing or reissuing the Certificate as prescribed in Articles 4 and 5 of this Circular.

8. Time limit for issuing the Certificate:

a) The time limit for issuing the Certificate under the jurisdiction of the Ministry of Natural Resources and Environment is forty (40) working days;

b) The time limit for issuing the Certificate under the jurisdiction of the Department of Natural Resources and Environment is thirty (30) working days;

c) The time limits specified in points a and b of this Clause do not include the time for organizations and individuals to complete their documents as required by Clauses 2 and 5 of this Article.

Article 6. Environmental Protection Condition Confirmation Certificate for Importing Waste Materials as Production Raw Materials

1. The Confirmation Certificate shall clearly specify the type of waste materials, HS code, and total volume of waste materials permitted to be imported within the validity period of the Confirmation Certificate, as well as environmental protection conditions for organizations and individuals importing waste materials.

2. In cases stipulated in Clause 6, Article 5 of this Circular, the Confirmation Certificate shall also specify the volume of waste materials permitted to be imported within a six-month period from the date of issuance of the Confirmation Certificate, ensuring sufficient operation of production facilities, equipment, recycling, and reuse of waste materials.

3. The Confirmation Certificate has a validity period of two (02) years from the date of issuance and follows the model prescribed in Appendix 8a, 8b issued together with this Circular.

Article 7. Reissuing the Environmental Protection Condition Confirmation Certificate for Importing Waste Materials as Production Raw Materials

1. The reissuance of the Confirmation Certificate shall be carried out when the Confirmation Certificate expires or is lost or damaged.

2. The application dossier for reissuing the Confirmation Certificate due to expiration submitted by organizations and individuals directly using imported waste materials as production raw materials includes:

a) One (01) request for reissuance according to the model prescribed in Appendix 2b issued together with this Circular;

b) Three (03) reports on environmental protection conditions for importing waste materials as production raw materials according to the models prescribed in Appendices 3a, 3b issued together with this Circular;

c) A report on the most recent periodic environmental monitoring results of the facility, but not more than six (06) months prior to the date the facility requests the competent authority to consider and reissue the Confirmation Certificate due to expiration.

3. The application dossier for reissuing the Confirmation Certificate due to expiration submitted by organizations and individuals entrusted to import waste materials for organizations and individuals using imported waste materials as production raw materials includes:

a) One (01) request for reissuance according to the model prescribed in Appendix 2b issued together with this Circular;

b) Three (03) reports on environmental protection conditions for importing waste materials as production raw materials according to the models prescribed in Appendices 3a, 3c issued together with this Circular.

4. If organizations and individuals submit the application dossier for issuing the Confirmation Certificate before the Confirmation Certificate expires, the procedures and formalities for reissuing the Confirmation Certificate due to expiration shall be implemented according to the provisions of Clauses 1, 2, 3, 4, and Clause 5 of Article 5 of this Circular.

5. If organizations and individuals submit the application dossier for reissuing the Confirmation Certificate after the Confirmation Certificate has expired, the procedures and formalities shall be carried out as prescribed in Article 5 of this Circular.

6. Time limit for reissuing the Confirmation Certificate due to expiration:

a) The time limit for reissuing the Confirmation Certificate under the jurisdiction of the Ministry of Natural Resources and Environment is twenty-five (25) working days;

b) The time limit for reissuing the Confirmation Certificate under the jurisdiction of the Department of Natural Resources and Environment is twenty (20) working days;

c) The time limits specified in points a and b of this Clause do not include the time for organizations and individuals to complete the dossier according to the provisions of Clauses 2 and 5 of Article 5 of this Circular.

7. In cases where the Confirmation Certificate is lost or damaged, organizations and individuals shall submit a request for reissuance according to the model prescribed in Appendix 2c issued together with this Circular to the competent authority to obtain a reissued Confirmation Certificate. The time limit for reissuing the Confirmation Certificate is ten (10) working days from the date of receipt of the organization's or individual's request.

Article 8. Revocation of the Certificate Confirming Compliance with Environmental Protection Conditions for Imported Waste Materials

1. The revocation of the certificate shall be carried out in the following cases:

a) Violation of environmental protection regulations in the import of waste materials as raw materials for production or the conditions specified in the certificate to the extent that revocation is required under the law;

b) Organizations or individuals importing waste materials failing to conduct imports within one (01) year from the date of issuance of the certificate, except in cases of force majeure;

c) Organizations or individuals importing waste materials ceasing their operations related to the import of waste materials as raw materials for production or going bankrupt or being dissolved.

2. The competent authority issuing the certificate shall issue a decision to revoke the certificate it has issued, specifying the name of the organization or individual whose certificate is revoked, the grounds, and reasons for revocation.

Article 9. Import of Waste Materials Not Included in the List of Permitted Waste Materials for Trial Use as Raw Materials for Production

1. Organizations or individuals wishing to import waste materials not included in the list of permitted waste materials for trial use as raw materials for production, as stipulated by the competent authority, shall submit a written request for the import of sample waste materials for analysis according to the model prescribed in Appendix 9 attached to this Circular to the Ministry of Natural Resources and Environment for consideration and approval in writing; in case of non-approval, the Ministry of Natural Resources and Environment shall provide a written response stating the reasons.

2. Organizations or individuals referred to in Clause 1 of this Article must meet the requirements and conditions as prescribed in Points a, b, c, d, and Point e of Clause 1 of Article 56 of Decree No. 38/2015/NĐ-CP.

3. The written approval of the Ministry of Natural Resources and Environment as stipulated in Clause 1 of this Article serves as the basis for customs authorities to consider and permit the import of sample waste materials into Vietnam.

4. After conducting the analysis of imported sample waste materials for trial use, organizations or individuals shall submit a request for the import of waste materials for trial use to the Ministry of Natural Resources and Environment. The dossier includes:

a) One (01) request letter according to the model prescribed in Appendix 10 attached hereto;

b) Seven (07) reports on environmental conditions in importing waste materials for production raw materials according to the models prescribed in Appendices 3a and 3b issued together with this Circular;

c) Business registration certificate or enterprise registration certificate and tax code registration certificate;

d) One (01) of the following documents: Decision approving the Environmental Impact Assessment Report accompanied by the Decision approving the Supplemental Environmental Impact Assessment Report (if applicable); Certificate of Environmental Standard Achievement Registration; Confirmation of Environmental Protection Commitment Registration; Decision approving the Environmental Protection Plan; Confirmation of Environmental Protection Plan Registration; Decision approving the Detailed Environmental Protection Plan; Confirmation of Simple Environmental Protection Plan Registration; Confirmation of Environmental Protection Program Registration; Notification of Acceptance of Environmental Protection Commitment Registration;

đ) One (01) of the following documents: Confirmation of completion of environmental protection works and measures in accordance with the laws on environmental protection for facilities and projects; Confirmation of completion of implementation of the Detailed Environmental Protection Program or equivalent files and papers (if any);

e) Transfer agreement, impurity and waste treatment contract with a competent unit (in case there is no accompanying technology or equipment for impurity and waste treatment);

g) Periodic environmental monitoring report of the facility (if the report does not include environmental monitoring results for waste treatment facilities during production, recycling, and reuse of waste materials, it must be supplemented);

h) One (01) sample of imported waste material and the analysis results conducted by an inspection organization or an organization holding a Certificate Confirming Compliance with Conditions for Environmental Monitoring Services suitable for the required analysis criteria;

i) Other related documents (if applicable).

5. Within forty (40) working days from the date of receipt of complete dossiers, the Ministry of Natural Resources and Environment shall carry out the following activities:

a) Review the dossier in accordance with the provisions of Clause 1 and Clause 2 of this Article;

b) In necessary cases, organize the examination of samples of waste materials intended for import and seek opinions from relevant organizations and individuals;

c) Conduct inspections of environmental protection conditions at the facility where the imported waste materials will be tested.

6. Based on the results of implementing the provisions of Clause 5 of this Article, the Ministry of Natural Resources and Environment shall submit to the Prime Minister for consideration and decision regarding the type, quantity, environmental protection requirements for imported waste materials for trial use, and the trial period for imported waste materials.

Section 2

SOME PROVISIONS ON ENVIRONMENTAL PROTECTION IN THE IMPORT OF WASTE MATERIALS AS RAW MATERIALS FOR PRODUCTION

Article 10. Environmental Protection Requirements for Inspection and Clearance of Imported Waste

1. Prior to processing the import procedures for each consignment of waste, organizations and individuals must submit a notification document regarding the imported waste consignment according to the form prescribed in Appendix 11 attached to this Circular to the competent authority. Within a maximum period of five (05) working days from the date of receipt of the notification document from the organization or individual importing waste, the competent authority shall be responsible for notifying in writing according to the form prescribed in Appendix 12 attached to this Circular to the organization or individual and the customs office at the port of entry (by fax or email).

2. In addition to the customs declaration dossier as stipulated by current laws on customs, organizations and individuals directly using imported waste as raw materials for production shall submit the following documents to the customs authority:

a) One (01) Confirmation Certificate (certified copy);

b) Notification document regarding the imported waste consignment for inspection and clearance according to the form prescribed in Appendix 12 attached to this Circular (certified copy);

c) Guarantee deposit confirmation certificate for imported waste issued by the Vietnam Environment Protection Fund or commercial bank where the organization or individual has deposited the guarantee for imported waste;

d) Document certifying compliance with environmental technical standards for the imported waste consignment issued by the certification organization listed in the list designated by the Ministry of Natural Resources and Environment.

3. In addition to the customs declaration dossier as stipulated by current laws on customs, organizations and individuals entrusted to import waste as raw materials for production shall submit the following documents to the customs authority:

a) One (01) Waste Import Confirmation Certificate of the organization or individual entrusted to import waste;

b) One (01) Valid Waste Import Confirmation Certificate of the organization or individual entrusting the import of waste (certified copy);

c) One (01) Entrusted Import Contract signed with the organization or individual using imported waste as raw materials for production who has been issued a Waste Import Confirmation Certificate (certified copy);

d) Notification document regarding the imported waste consignment for inspection and clearance according to the form prescribed in Appendix 12 attached to this Circular (certified copy);

đ) Guarantee deposit confirmation certificate for imported waste issued by the Vietnam Environment Protection Fund or commercial bank where the organization or individual has deposited the guarantee for imported waste;

e) Document certifying compliance with national environmental technical standards for the imported waste consignment issued by the certification organization listed in the list designated by the Ministry of Natural Resources and Environment.

4. The procedure for inspecting environmental protection conditions and physically inspecting the imported waste consignment for clearance shall be carried out at the customs office at the port of entry.

5. The customs authority shall base its decision to clear or handle the imported waste consignment within its jurisdiction on the List of Permitted Imported Wastes for Use as Raw Materials for Production issued by the Prime Minister and the documents specified in Clause 2 and Clause 3 of this Article.

6. In cases where signs of violations concerning environmental protection that cannot be decided upon clearance or forced re-export are discovered, the customs authority shall organize a re-inspection of the imported waste consignment or establish a Waste Import Inspection Committee to assess compliance with national environmental technical standards for the imported waste consignment.

The Waste Import Inspection Committee, established by the customs authority, shall include representatives from the following agencies: Customs, the authority issuing the Confirmation Certificate, environmental crime police, relevant ministries and sectors, environmental consultants, technical experts from the production industry using the imported waste, and the Department of Natural Resources and Environment at the location of the port of entry. The conclusion of the Waste Import Inspection Committee shall serve as the basis for the customs authority and related authorities to handle the imported waste consignment within their jurisdiction.

7. The handling and destruction of imported waste violating environmental protection regulations must be carried out by units with the appropriate functions as stipulated by laws on waste management and disposal.

Article 11. Certification compliance with environmental technical standards for imported waste used as production materials

1. The Ministry of Natural Resources and Environment shall examine and designate organizations to participate in certification compliance with environmental technical standards for imported waste used as production materials when they meet the requirements stipulated in Clause 2 of this Article and publish the list of designated organizations on the Ministry's electronic portal for organizations and individuals importing waste as production materials to proactively select certification organizations for their imported waste.

The procedures and formalities for examining and designating organizations to participate in certification compliance shall be carried out in accordance with the provisions of the law on designation of conformity assessment organizations.

2. Requirements for organizations participating in certification compliance with environmental technical standards for imported waste used as production materials:

a) Established in accordance with the law, having functions to operate in the field of certification compliance;

b) Possessing certification compliance capacity meeting the requirements specified in the national standard TCVN ISO 17020:2001 or the international standard ISO/IEC 17020:1998. Among which, the recognized fields for compliance with environmental protection requirements as stipulated in the environmental technical standards for imported waste used as production materials;

c) Having at least five (05) inspectors with appropriate professional qualifications participating in inspection, evaluation, and having at least three (03) years of experience in inspection;

d) Having established and published certification compliance procedures for each type of imported waste used as production materials according to environmental protection requirements consistent with the environmental technical standards for imported waste used as production materials.

Chapter III

ENVIRONMENTAL PROTECTION RESPONSIBILITIES IN IMPORTING WASTE AS PRODUCTION MATERIALS

Article 12. Responsibilities of organizations and individuals importing waste as production materials

1. For organizations and individuals directly using imported waste as production materials:

a) Importing the correct types and quantities of waste permitted under the Confirmation Certificate;

b) Using all imported waste as production materials at their own facilities;

c) Taking samples and analyzing to determine the types of waste generated from the use of imported waste and developing disposal plans or transferring them to suitable functional units;

d) Regularly reporting on the importation and use of waste during the year according to the form prescribed in Appendix 13a issued together with this Circular, to the issuing authority before February 15 of the following year.

2. For organizations and individuals entrusted to import:

a) Importing the correct types and quantities of waste permitted under the Confirmation Certificate;

b) Transferring all imported waste to the entrusting organization or individual in accordance with the agency agreement;

c) Regularly reporting on the importation of waste during the year according to the form prescribed in Appendix 13b issued together with this Circular, to the issuing authority before February 15 of the following year.

3. For organizations and individuals importing waste for testing as production materials:

a) Importing the correct types and quantities of waste permitted under the Prime Minister’s approval document;

b) Using all imported waste for testing as production materials at their own facilities;

c) Taking samples and analyzing to determine the types of waste generated from the use of imported waste and developing disposal plans or transferring them to suitable functional units;

d) Reporting on the importation and use of test waste as production materials according to the form prescribed in Appendix 13a issued together with this Circular, to the Ministry of Natural Resources and Environment within the time limit specified in the Prime Minister’s approval document.

Article 13. Responsibilities of the General Department of Environment

1. The Ministry of Natural Resources and Environment shall assign the General Department of Environment to process applications for issuance of Confirmation Certificates, organize inspections on environmental protection conditions of organizations and individuals, submit to the Minister of Natural Resources and Environment for consideration in issuing, reissuing, revoking Confirmation Certificates or issuing, reissuing, revoking Confirmation Certificates when authorized; process applications for designation of organizations participating in certification compliance with technical environmental standards for imported waste used as production materials, submit to the Minister of Natural Resources and Environment for designation or designate when authorized.

2. Inspect and guide environmental protection work in importing and using foreign waste as production materials according to the provisions of the law. Propose to the authority issuing Confirmation Certificates to handle violations in importing and using imported waste according to current laws.

3. Chair the examination of proposals from organizations and individuals requiring to import waste for testing as production materials; inspect and evaluate the importation and use of waste for testing as production materials, report to the Minister of Natural Resources and Environment for the Prime Minister's consideration to allow the importation of waste for testing, decide to supplement the list of waste allowed for importation as production materials; establish technical environmental standards for types of waste being considered for inclusion in the list of waste allowed for importation as production materials.

4. Organize inspections on activities certifying compliance with technical environmental standards for imported waste by organizations designated according to the law. Propose to the authority designating to handle violations in activities certifying compliance with technical environmental standards for imported waste according to current laws.

5. Manage the types and quantities of imported waste of organizations and individuals issued Confirmation Certificates by the Ministry of Natural Resources and Environment in accordance with the provisions of the issued Confirmation Certificates.

6. Chair the verification of the capacity of enterprises and units requiring to treat, recycle waste that violates environmental protection regulations and cannot be re-exported to ensure compliance with environmental protection regulations, report to the Ministry of Natural Resources and Environment; chair and coordinate with relevant agencies and localities to supervise and inspect the treatment and recycling processes.

Article 14. Responsibilities of Provincial Departments of Natural Resources and Environment

1. Guide and inspect the implementation of environmental protection regulations by organizations and individuals importing and using imported waste as production materials within their jurisdiction.

2. Coordinate with the General Department of Environment, customs authorities, and other relevant agencies at the local level when required to jointly inspect imported waste.

3. Manage the types and quantities of imported waste of organizations and individuals issued Confirmation Certificates by the Provincial Department of Natural Resources and Environment in accordance with the provisions of the issued Confirmation Certificates.

4. Regularly report on the management of importing and using waste as production materials according to the model prescribed in Appendix 14 attached to this Circular, send to the Ministry of Natural Resources and Environment and the People's Committee of provinces and centrally-administered cities before March 31 of the following year.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

1. This Circular takes effect from October 27, 2015.

2. Circular Jointly Issued No. 34/2012/TTLT-BCT-BTNMT dated November 15, 2012, by the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment guiding conditions for importing waste as production materials becomes invalid from the date this Circular takes effect.

3. Organizations and individuals who have been issued certificates confirming eligibility to import waste as production materials may continue to use them until their expiration date and must comply with environmental protection conditions for importing waste as production materials as stipulated in Clause 1 and Clause 2 of Article 56 of Decree No. 38/2015/NĐ-CP.

Article 16. Responsibility for Implementation

1. The Minister, Heads of Ministries equivalent to Ministries, People's Committees of provinces and centrally-administered cities, Directors of Provincial Departments of Natural Resources and Environment, and related organizations and individuals are responsible for implementing this Circular.

2. The Director of the General Department of Environment is responsible for guiding, inspecting, monitoring, and urging the implementation of this Circular.

3. Funding for activities inspecting importation and use of imported waste as production materials and other activities related to importing waste as production materials shall be implemented according to current laws.

4. During the implementation of this Circular, if difficulties and obstacles arise, ministries, sectors, localities, organizations, and individuals shall promptly reflect these issues to the Ministry of Natural Resources and Environment for research and appropriate amendments and supplements./.