Circular No. 41/2025/TT-BNNMT guiding technical measures for preventing, responding to waste incidents, and restoring the environment after environmental incidents

CIRCULAR

TECHNICAL GUIDELINES FOR PREVENTION, RESPONSE TO ENVIRONMENTAL INCIDENTS AND ENVIRONMENTAL RESTORATION AFTER ENVIRONMENTAL INCIDENTS

AND ENVIRONMENTAL RESTORATION AFTER ENVIRONMENTAL INCIDENTS

Pursuant to the Environmental Protection Law dated November 17, 2020;

Pursuant to the Civil Defense Law dated June 20, 2023;

Pursuant to Decree No. 30/2017/NĐ-CP dated March 21, 2017 of the Government stipulating organization and operation for responding to environmental incidents, natural disasters, and search and rescue;

Pursuant to Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Environmental Protection Law; The Government shall provide detailed regulations on certain Articles of the Environmental Protection Law;

Pursuant to Decree No. 05/2025/NĐ-CP dated January 6, 2025 of the Government amending and supplementing certain provisions of Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Environmental Protection Law; The Government amends and supplements certain Clauses of Decree No. 08/2022/NĐ-CP dated January 10, 2022, providing detailed regulations on certain Articles of the Environmental Protection Law; Pursuant to Decision No. 11/2025/QĐ-TTg dated April 23, 2025, of the Prime Minister,

Pursuant to Decree No. 35/2025/NĐ-CP dated February 25, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 131/2025/NĐ-CP dated June 12, 2025 of the Government stipulating the division of authority of two levels of local government in the field of state management by the Ministry of Agriculture and Rural Development;

Pursuant to Decision No. 11/2025/QĐ-TTg dated April 23, 2025 of Pursuant to Decision No. 11/2025/QĐ-TTg dated April 23, 2025 of the Prime Minister promulgating the Regulation on Response to Hazardous Waste Incidents;

At the proposal of the Director of the Environment Department;

The Minister of Agriculture and Rural Development issues this Circular guiding technical measures for prevention, response to hazardous waste incidents, and environmental restoration after environmental incidents.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides technical measures for prevention, response to hazardous waste incidents, and environmental restoration after environmental incidents in accordance with environmental protection laws.

Article 2. Applicability

This Circular applies to state administrative agencies, organizations, individuals, community residents; production, business, service establishments related to the prevention, response to hazardous waste incidents, and environmental restoration after environmental incidents.

Article 3. Explanation of Terms

1. Solid waste incident (including sludge) is an environmental incident caused by leakage, spillage, or dispersion of solid waste during generation, collection, storage, transportation, processing, co-processing, recycling, energy recovery, or disposal of solid waste.

2. Liquid waste incident is an environmental incident caused by leakage, spillage, or dispersion of liquid waste during generation, collection, storage, transportation, processing, co-processing, recycling, energy recovery, or disposal of liquid waste.

3. Emission incident is an environmental incident caused by leakage or dispersion of emissions into the environment during generation, collection, or treatment of emissions.

Article 4. Principles for Prevention and Response to Hazardous Waste Incidents

1. Encourage the application of advanced and modern production technologies and waste treatment technologies that are environmentally friendly to reduce waste generation and improve resource utilization efficiency.

2. Strengthen sorting, recycling, and reuse of generated waste to minimize waste requiring treatment.

3. Waste storage and treatment facilities must ensure sustainability and safety during operation.

4. Prioritize rescuing and evacuating people from areas where hazardous waste incidents occur.

5. Implement isolation and containment measures to prevent the spread of waste into surrounding environments.

Chapter II
TECHNICAL MEASURES FOR PREVENTION AND RESPONSE TO HAZARDOUS WASTE INCIDENTS

Section 1
IDENTIFICATION AND PREDICTION OF THE RISK OF OCCURRENCE OF HAZARDOUS WASTE INCIDENTS

Article 5. Identification and determination of means, facilities, and projects at risk of hazardous waste incidents

1. Hazardous waste transport vehicles.

2. Areas and warehouses storing waste (solid and liquid).

3. Wastewater ponds, sludge ponds; ponds or landfills containing waste (solid and liquid) from mineral extraction and ore enrichment (hereinafter referred to as waste ponds).

4. Landfills for solid waste.

5. Wastewater and emission treatment systems subject to environmental permits under regulations, excluding wastewater ponds and sludge ponds specified in Clause 3 of this Article.

6. Waste treatment systems subject to environmental permits under regulations but not specified in Clauses 3, 4, and 5 of this Article.

Article 6. Forecasting Causes of Waste Incidents

1. Subjective causes:

a) Improper classification of waste according to regulations; operation of transportation equipment, components, and facilities with potential for waste incidents not in accordance with design procedures and technical standards;

b) Inadequate maintenance, inspection, calibration, monitoring of transportation equipment, components, and facilities with potential for waste incidents;

c) Other subjective causes.

2. Objective causes:

a) Natural disasters causing the spread, spillage, or overflow of waste into the environment;

b) Other objective causes.

Article 7. Forecasting Pollutants and Leaking, Spilled, or Released Waste into the Environment in Case of Waste Incidents

1. Pollutants (pollution parameters), concentration of pollutants (not applicable to infectious medical waste) released into the environment in case of waste incidents where the waste is wastewater or exhaust gas.

2. Type and volume of leaking, spilled, or released solid or liquid waste into the environment in case of waste incidents where the waste is solid or liquid.

3. Composition and characteristics of leaking, spilled, or released solid or liquid waste into the environment in case of waste incidents where the waste is solid or liquid.

4. Other forecasts (if any).

Article 8. Forecasting Scope and Main Affected Entities Due to Waste Incidents

1. Forecasting the scope of waste incidents to determine the level of waste incident according to Clause 1, Article 123 of the Environmental Protection Law.

2. Forecasting residential areas, components, and facilities that may be affected or damaged by waste incidents.

3. Forecasting environmental components (soil, water, groundwater, air) impacted when waste incidents occur.

4. Other forecasts (if any).

Section 2
PREVENTIVE AND RESPONSE MEASURES FOR WASTE INCIDENTS

Article 9. General Measures for Preventing and Responding to Waste Incidents

1. Components and facilities with potential for waste incidents must meet technical requirements as prescribed.

2. Components and facilities must ensure safe environmental distances as stipulated in QCVN 01:2025/BTNMT - National Technical Regulation on Safe Distances from Residential Areas for Production, Business, Service, and Warehouse Facilities with Potential for Dust, Unpleasant Odors, Noise Harmful to Human Health, and other relevant laws.

3. Transportation means; storage areas and warehouses for waste must comply with technical requirements for environmental protection as stipulated in Articles 27, 33, 34, 35, 36, 37, and 42 of Circular No. 02/2022/TT-BTNMT dated January 10, 2022, issued by the Minister of Natural Resources and Environment detailing certain provisions of the Environmental Protection Law.

4. Applying advanced technological solutions to enhance prevention and response effectiveness to waste incidents, consistent with sustainable development and circular economy directions.

5. Equipping appropriate items, devices, and materials for preventing and responding to waste incidents. Utilizing detection, early warning devices for waste incidents if available (satellite images, real-time remote sensing data, unmanned aerial vehicles, or other devices and means).

6. Organizing responses to waste incidents in accordance with the level of incident as prescribed.

7. Collecting and treating waste generated from waste incidents as prescribed.

8. Personnel operating and participating in preventing and responding to waste incidents must be trained in skills and operations for preventing and responding to waste incidents as prescribed.

9. List of personnel and contact phone numbers needed to report in emergency situations when waste incidents occur.

Article 10. Measures for preventing and responding to waste incidents concerning hazardous waste transport vehicles

1. Hazardous waste transport vehicles must be permitted to participate in traffic in accordance with regulations.

2. Transporting hazardous waste according to time periods and routes must be approved by competent authorities in accordance with regulations.

3. Appropriate equipment and materials must be used to prevent hazardous waste from spilling onto the road.

4. Other measures for preventing and responding to waste incidents (if applicable).

Article 11. Measures for preventing and responding to waste incidents concerning areas and storage facilities for waste

1. The quantity and type of waste stored must be appropriate to the capacity of the area or storage facility; stacking of waste containers must ensure stability and safety, avoiding spillage of waste into the environment; limiting the accumulation of waste in the area or storage facility; taking preventive measures suitable in case of flood risk.

2. Using appropriate materials to prevent waste from spreading into the environment when a waste incident occurs; collecting spilled waste and storing it safely at the area or storage facility while awaiting treatment or transfer to a suitable entity for treatment in accordance with regulations.

3. Other measures for preventing and responding to waste incidents (if applicable).

Article 12. Measures for preventing and responding to waste incidents concerning waste containment ponds and waste disposal sites

1. Waste containment ponds and disposal sites must be designed and constructed in compliance with technical requirements under construction laws.

2. Implementing measures to prevent surface runoff from directly entering the waste containment pond or disposal site or causing slope failure, erosion, or embankment collapse.

3. Equipping pipeline and pump systems to pump water from the waste containment pond or disposal site into the wastewater treatment system for treatment in accordance with regulations.

4. Regularly inspecting the waste containment pond or disposal site to detect abnormal signs (such as dam displacement, embankment movement, or other unusual signs), especially during prolonged heavy rain or floods, and promptly implementing remedial measures.

5. Operating the waste containment pond or disposal site in accordance with design procedures; the amount of waste stored must be consistent with the design capacity.

6. Using appropriate equipment and materials to prevent waste from spreading into the environment; leveling and stabilizing waste within the pond or disposal site; reinforcing the location affected by the incident to ensure safety; transporting waste generated from the incident back to the pond or disposal site or transferring it for treatment in accordance with regulations.

7. Implementing appropriate measures to eliminate pollutants to minimize impacts on people and the environment.

8. Other measures for preventing and responding to waste incidents (if applicable).

Article 13. Measures for preventing and responding to waste incidents concerning wastewater and exhaust gas treatment systems

1. Measures for preventing and responding to waste incidents concerning wastewater treatment systems:

a) Installing structures and equipment for preventing and responding to waste incidents in accordance with regulations; encouraging the establishment of emergency retention ponds for storing wastewater when the treatment system fails.

b) Encouraging the installation of backup equipment to replace faulty primary equipment, ensuring stable operation of the wastewater treatment system.

c) Installing automatic continuous monitoring systems for wastewater in accordance with regulations to monitor the operation of the wastewater treatment system, thereby detecting and preventing incidents.

d) Operating the wastewater treatment system in accordance with the design procedure.

đ) Regularly maintaining and servicing the wastewater treatment system.

e) When an incident occurs, wastewater must be collected in the emergency retention pond or storage equipment; after the incident is resolved, collect the retained wastewater and return it to the wastewater treatment system for treatment.

g) In the event of a tank or basin rupture causing wastewater to spill into the environment, appropriate measures must be implemented to eliminate pollutants.

h) Reinforcing ruptured tanks or basins to ensure safety.

i) Other measures for preventing and responding to waste incidents (if applicable).

2. Measures for preventing and responding to waste incidents concerning exhaust gas treatment systems:

a) Encouraging the installation of backup equipment to replace faulty primary equipment, ensuring stable operation of the exhaust gas treatment system.

b) Installing equipment or measures to warn of potential incidents suitable for the type of exhaust gas treatment technology.

c) Installing automatic continuous monitoring systems for exhaust gas in accordance with regulations to monitor the operation of the exhaust gas treatment system, thereby detecting and preventing incidents.

d) Operating the exhaust gas treatment system in accordance with the design procedure.

đ) Regularly maintaining and servicing the exhaust gas treatment system.

e) When an incident occurs, immediately stop the corresponding source of exhaust gas generation to implement remedial measures; implement appropriate measures to eliminate pollutants in the environment.

g) Other measures for preventing and responding to waste incidents (if applicable).

Article 14. Preventive and Response Measures for Waste Incidents in Waste Treatment Systems

1. Preventive and response measures for waste incidents in waste treatment systems using incineration technology:

a) The waste treatment system must meet the technical requirements specified in the national technical regulations on the environment;

b) Install automatic continuous monitoring equipment for temperature in combustion zones as prescribed by law to monitor the operation of the system;

c) Waste must be sorted and mixed appropriately before being fed into the incinerator;

d) Operate the waste treatment system according to the prescribed procedures and design;

đ) Regularly maintain and service the waste treatment system;

e) When an incident occurs, immediately stop feeding waste; implement appropriate measures to reduce the internal temperature of the waste treatment system to ensure safety;

g) Collect and treat emitted exhaust gases to comply with regulations, except when it is necessary to use emergency relief valves to ensure safety;

h) Other preventive and response measures for waste incidents (if applicable).

2. Preventive and response measures for waste incidents in waste treatment systems using other technologies:

a) The waste treatment system must be equipped with a complete collection and treatment system for generated wastewater and exhaust gases;

b) Install automatic continuous monitoring equipment for wastewater and exhaust gases as prescribed by law to monitor the operation process;

c) Operate the waste treatment system according to the prescribed procedures and design;

d) Regularly maintain and service the waste treatment system;

đ) When an incident occurs, immediately stop feeding waste; implement appropriate measures to respond to the waste incident;

e) Other preventive and response measures for waste incidents (if applicable).

Section 3
ORGANIZATION FOR RESPONSE TO WASTE INCIDENTS

Article 15. Facility-Level Emergency Preparedness and Response Plan for Waste Incidents

1. The project investor or facility must forecast situations that may lead to waste incidents to develop appropriate prevention and response scenarios for the project's operations.

2. Based on forecasts of potential waste incidents and the response scenarios established under paragraph 1 of this Article, the facility-level emergency response plan for waste incidents shall include at least the following main contents:

a) Identify and determine transport vehicles, components, and structures at risk of waste incidents;

b) Forecast pollutants, leaked, spilled, or dispersed waste into the environment during a waste incident; causes of the waste incident; scope and primary affected entities during a waste incident;

c) Preventive and response measures for waste incidents;

d) Forces and means for responding to waste incidents;

đ) Organization for responding to waste incidents.

3. Develop the emergency preparedness and response plan for waste incidents according to the model attached as Appendix 1 to this Circular. In cases where the plan integrates environmental emergency preparedness and response measures, follow the provisions set out in Clause 6, Article 124 of the Environmental Protection Law.

4. The project investor or facility is responsible for identifying and compiling a list of transport vehicles, components, and structures at risk of waste incidents as stipulated in Article 5 of this Circular.

Article 16. Ward and Provincial Solid Waste Emergency Response Plan

1. Based on the solid waste emergency prevention and response plan of investment projects and facilities within the ward and provincial area to proactively forecast potential solid waste emergencies, thereby developing appropriate solid waste emergency response scenarios in accordance with the actual situation of the locality.

2. The ward and provincial solid waste emergency response plan includes the following main contents:

a) Identification of transport means, components, and works that may cause solid waste emergencies;

b) Forces and means for responding to solid waste emergencies;

c) Organization for responding to solid waste emergencies.

3. The solid waste emergency prevention and response plan shall be in the format attached as Appendix 2 to this Circular. In cases where the environmental emergency prevention and response plan is integrated or combined, it shall be implemented in accordance with the provisions of Clause 6, Article 124 of the Environmental Protection Law.

4. Annually, specialized agencies for environmental protection at the ward and provincial levels shall compile a list of investment projects and facilities that may cause solid waste emergencies to advise the Civil Defense Command at the same level to develop and issue a solid waste emergency prevention and response plan for the area.

Article 17. Human Resources, Equipment, and Works for Responding to Solid Waste Emergencies

1. Human resources for responding to solid waste emergencies from investment projects and facilities, as well as external human resources supporting such responses, must be described in the solid waste emergency prevention and response plan.

2. Equipment and works for responding to solid waste emergencies must be specifically detailed regarding technical specifications, plans, and investment schedules in the solid waste emergency prevention and response plan.

Article 18. Organization for Responding to Solid Waste Emergencies at the Facility Level

1. The organization for responding to solid waste emergencies shall comply with the provisions of Article 125 of the Environmental Protection Law and Article 7 of the Solid Waste Emergency Response Regulations issued together with Decision No. 11/2025/QĐ-TTg dated April 23, 2025 of the Government Prime Minister.

2. Deployment of forces and equipment in responding to solid waste emergencies must be suitable for the actual situation.

3. Regularly update the development of solid waste emergencies; in case of worsening conditions or expanding risks, report to the competent authority to coordinate the implementation of appropriate emergency responses according to the level of the emergency.

Article 19. Organization for Responding to Solid Waste Emergencies at the Ward and Provincial Levels

1. The organization for responding to solid waste emergencies shall comply with the provisions of Article 125 of the Environmental Protection Law and Article 7 of the Solid Waste Emergency Response Regulations issued together with Decision No. 11/2025/QĐ-TTg dated April 23, 2025 of the Government Prime Minister.

2. Coordinate and cooperate among forces in leading, directing, and implementing solid waste emergency responses to ensure suitability with the actual situation.

3. Ensure information for command and direction; communication for emergency response forces.

4. Regularly update the development of solid waste emergencies; in case of worsening conditions or expanding risks, report to the competent authority to coordinate the implementation of appropriate emergency responses according to the level of the emergency.

Chapter III
ENVIRONMENTAL RESTORATION TECHNIQUES AFTER ENVIRONMENTAL EMERGENCIES

Article 20. General Provisions on Environmental Restoration After Environmental Emergencies

1. Solid waste generated from pollution treatment and environmental restoration after environmental emergencies must be classified, collected, and treated in accordance with regulations.

2. Environmental restoration after environmental emergencies must meet environmental quality standards around the environment as stipulated in Clause 5, Article 126 of the Environmental Protection Law.

3. Prioritize restoring environmental components after environmental emergencies using environmentally friendly solutions, techniques, and technologies.

Article 21. Environmental restoration techniques after environmental incidents

1. Depending on the nature and characteristics of the area contaminated by waste from environmental incidents, environmental restoration may be carried out through an approach to restore each affected environmental component following the incident, specifically as follows:

a) Restoration of atmospheric environment;

b) Restoration of surface water environment;

c) Restoration of groundwater environment;

d) Restoration of soil environment.

2. Based on the environmental components contaminated by waste incidents, the following methods and techniques shall be selected:

a) Physical and mechanical methods;

b) Thermal methods;

c) Chemical methods;

d) Biological methods (anaerobic, aerobic, facultative);

e) Other methods.

Some common environmental restoration methods after environmental incidents are described in Appendix 3 issued together with this Circular.

3. The project investor, the entity causing the waste incident, and related agencies shall select and determine the best solutions for environmental improvement and restoration in the environmental restoration plan. Priority should be given to environmentally friendly technological solutions in the direction of circular economy to reuse waste and minimize environmental impact during the restoration process.

Article 22. Environmental restoration after environmental incidents

1. The contents of the environmental restoration plan after environmental incidents must ensure all provisions stipulated in Article 73 of Circular No. 02/2022/TT-BTNMT dated January 10, 2022, issued by the Minister of Natural Resources and Environment detailing the implementation of certain articles of the Law on Environmental Protection, and according to the model at Appendix 3 issued together with this Circular.

2. Inspection, monitoring, and acceptance completion of the environmental restoration plan after environmental incidents shall be carried out in accordance with the provisions of Article 74 of Circular No. 02/2022/TT-BTNMT dated January 10, 2022, issued by the Minister of Natural Resources and Environment detailing the implementation of certain articles of the Law on Environmental Protection.

3. The project investor and the entity causing the waste incident shall be responsible for developing and implementing the environmental restoration plan after environmental incidents within the scope of their premises as prescribed.

4. The restored areas must be monitored and observed in accordance with the provisions of Clause 5, Article 73 of Circular No. 02/2022/TT-BTNMT dated January 10, 2022, issued by the Minister of Natural Resources and Environment detailing the implementation of certain articles of the Law on Environmental Protection.

Chapter IV
IMPLEMENTATION

Article 23. Effectiveness of Implementation

This Circular takes effect from September 1, 2025.

Article 24. Transitional Provisions

1. Prevention and response plans for waste incidents and environmental restoration plans after environmental incidents that have been approved by competent authorities shall continue to be implemented until the end of the period specified in the plan.

2. Encouragement is provided for cases stipulated in Clause 1 of this Article to apply prevention and response plans for waste incidents and environmental restoration plans after environmental incidents as prescribed in this Circular.

Article 25. Responsibility for Implementation

1. Ministries, ministerial-level agencies, government agencies, People's Committees at all levels shall be responsible for directing the implementation of this Circular.

2. Organizations, individuals, community residents; production, business, service establishments related to this matter shall be responsible for implementing this Circular./.